Loading...
HomeMy WebLinkAbout08-25-2003 Council Packetr AUG 2 5 2003 Cl I T «-»r «JHONO AGENDA FOR COUNCIL MEETING SET FOR MONDAY, AUGUST 25,2003,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items arc considered to be routine items, to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet - located on the counter near the sign in sheet. ROLL CALL CONSENT AGENDA 1. Approve/Amend APPROVAL OF MINUTES * 2. Regular Council Meeting of August 11,2003 PARK COMMISSION COMMENTS - Andrew McDermott, Representative PLANNING COMMISSION COMMENTS - J. Marc Fritzler, Representative LMCD REPORT ~ Lili McMillan PRESENTATION 3. 2002 Comprehensive Annual Financial Report - Ken Malloy PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORl #02-2839 Boyer Building Corporation, 3320 Watertown Road - Final Plat Approval - Resolution #03-2907 Jeff and Cara Ziebarth, 720 North Arm Drive - Variances - Resolution #03-2919 Kevin and Deborah Thompson, 90 M>Ttlewood Road - Variances - Resolution #03-2922 Imaginal ty of behalf of Mike Cashman, 16S5 Fox Street - Variances - Resolution #03-2927 James and Linda Martinson, 1435 Park D: ive - Variance - Resolution #03-2930 Streeter and Associates on behalf of Richard and Deloris Little, 2775 Shadyw'ood Road - Variance - Resolution 10. #03-2931 Timothy and Kristi Osterberg, 1045 Loma Linda Avenue - Variance - Resolution 11. #03-2932 Michael Hayes of Michael Hayes Homes on behalf of Albert Trapenese, 3220 Bohns Point Lane - Variances - Resolution 12. #03-2933 Gary Nece on behalf of Robert and Brenda MacDonald, 2480 Old Beach Road - Conditional Use Permits - Variances - Resolution 13. #03-2936 Bruce Mecse and Maureen Murphy, 3135 Casco Circle - Variances - Resolution 14. #02-2789 02-2840 Dahlstrom Development, LLC, “2550 ” VVa>'zata Boulevard - Formal Approval of Private Road Names for “Stonebay" 4.#02-2839 5.#03-2907 6.#03-2919 ♦7.#03-2922 ♦8.#03-2927 9.#03-2930 10.#03-2931 11.#03-2932 12.#03-2933 13.#03-2936 m 14.#02-2789 MAYOR/COUNCIL REPORT I F r AGENDA FOR COUNCIL MEETING SET FOR MONDAY, AUGUST 25,2003,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELl.EY PARKWAY, ORONO, MINNESOTA PUBLIC SERVICE DIRECTOR’S REPORT 15. WayzaU Sewer Agreement - Old Long Lake Road 16. Request for Final Payment - TH12AVillow Traffic Signal Improvements 17. Request for Final Payment - Heritage Drive Sanitary Sewer Extension Project 18. Change Order Number 1 - North Long Lake East Sanitary Sewer Project 19. Request for Final Payment - North Long Lake East Sanitary Sewer Project 20. Request for Final Payment - Navarre Fire Station Site Improvements CITY ADMINISTRATOR’S REPORT 21. Application and Certificate for Payment No. 12 - Long Lake Fire Station 22. Long Lake Fire Station Drainage Plan 23. Djsposal of Excess Public Works Vehicle — Hennepin County Auction Jia. Po'rri f\ie I ikhc r hci J A/Uhf-Ou^ CITY ATTORNEY’S REPORT ^ * 24. LICENSES * 25. BILLS UPCOMING ISSUES AND EVENTS 08/25 - Council Meeting, 7:00 p.m. 09/01 - HOLIDAY, Obser\'!^ncc of Labor Day 09/02 - Park Commission Meeting, Park Tour, 5:15 p.m. 09/03 - Planning Commission Work Session, 5:30 p.m. 08/08 - Council Meeting, 7:00 p.m. 08/15 - Planning Commission Meeting, 6:00 p.m. 08/22 - Council Meeting, 7:00 p.m. i Public A ttendance DXoi:: Meh: IING Date V - <5 S " 03 Ol’NCIL □ Planning Commission □ Park Commission □ Other NAME (please print) 2. . i / 11? 5.. 6. 7. 8. 9.. 10. Please filloutthe information requested BELOW FOR OUR CITY RECORDS. ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER TV ____t^rCf Lc- ?^/?f CcC^ jgi ypc /fiin J^r.Vf n'i-i9oy 11.. 12. 13.. 14. 15. tBpftrtHytwpapPwMU mp4 \ ! • IORONO CITY COUNCIL MEETING ................ MONDAY, AUGUST 11,2003 ______________ AUG 2 5 2005 ROLL Cll Y urtUNU The Council met on the above-mentioned date with the following members present: Mayor Barbara Peterson, Council Members Bob Sansevere, Jim Murphy, and Jim White. Representing staff were Planning Director Mike Gaflron, City Attorney Tom Barrett, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Alissa Wintemheimer. Mayor Peterson called the meeting to order at 7:00 p.m. CONSENT AGENDA I. Approve/Amend Items 3,9,10,11,13, and 15 were added to the Consent Agenda. Murphy moved, and Sansevere seconded, to approve the consent agenda as amend^. Vote: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. Minutes of the Regular Council Meeting of July 28,2003 Murphy moved, and Sansevere seconded, to approve the Minutes of the Regular Council Meeting of July 28,2003. Vote: Ayes 4, Nays 0. PARK COMMISSION COMMENTS—DREW MCDERMOTT, REPRESENTATIVE McDermott stated that the Commission had been planning the annual Park Tour. It will occur on September 2"**, with stops at the Old Crj stal Bay Road Trail, Crystal Creek Park, Hackberrj' Park, Seven Nations Park, Fire Station Park, and Casco Ice Rink. They had also been discussing the parks tA^'enty-ycar plan and will have a plan of attack ready to discuss at the work session. PLANNING COMMISSION COMMENTS—SANDY SMITH, REPRESENTATIVE None. # ;* * l m --------_____ - - ORONO CITY COUNCIL MEETING MONDAY, AUGUST 11,2003 PUBLIC COMMENTS None. aU)NING ADMINISTRATOR'S REPORT *3. #03*2893 John and Roberta Henrkli, 4125 Highwood Road—^Variance- Resolution No. 5019 Murphy moved, and Sansevere seconded, to adopt Resolution No. 5019 granting a variance to Municipal Zoning Code Section 10.24, Subdivision 5B to allow construction of a new residence to replace a pre-existing residence on a lot containing 0.66 acres in area in the LR-IB Zoning District where a 1.0 acre minimum lot area is required; and a variance to Sections 10.22, Subdivision 2,10.55, Subdivision 8, and 10.56, Subdivision 16(LK1&2) to allow 683 s.f. (5.7%) hardcover in the 0-75* lakeshore setback zone where no hardcover b normally allowed, and to allow 4,690 s.f. (28.2%) hardcover in the 75-250* lakeshore setback zone where 25% hardcover is allowed; and a variance to Section 10.56, Subdivision I6(C)(2&3) to allow the proposed house to encroach 4* into the required 30* bluff setback, and a deck to encroach 15* into the 30* bluff setback and 5* into the 20* bluff impact zone; and a variance to Sections 10.22, Subdivision 1(B) and 10.56, Subdivision 16(0(6) to allow a 12* encroachment of the average lakeshore setback for the house; and a variance to Section 10.03, Subdivision 9(A) to aliow the accessory structure (detached garage) to remain without a principal structure during construction. Vote: Ayes 4, Nays 0. *4. #03-2895 Gary Germundsen, 4101 Highwood Road—Variance—Denial Resolution No. 5020 Murphy moved, and Sansevere seconded, to adopt Denial Resolution No. 5020 denying variances per Municipal Zoning Code Section 10.22, Subdivision 2, Section 10.56, Subdivision 16(L), and Section 10.03, Subdivision 14(C) for hardcover and structural coverage for Gary Germundsen, 4101 Highwood Road. Vote: Ayes 4, Nays 0. *5. #03-2904 Richards. Brown, 1300 Shoreline Drive—Variance—Resolution No. 5021 Murphy moved, and Sansevere seconded, to adopt Resolution No. 5021 granting variances to Municipal Zoning Code Sections 10.22, Subdivision 2 and 10.56, Subdivision 16(LK2) to allow hardcover of 39.7% in the 500-1000* lakeshore setback zone. Vote: Ayes 4, Nays 0. 0 ‘ k i 1 ORdN'O CITY COUNCIL MEETING MONDAY, AUGUST 11,2003 6. #03-2907 Jeff aod Cara Ziebarth, 720 North Arm Drive—Variances—Revised Pian Gaffron stated that the application came before Council two weeks ago, and they voted to grant partial approval of the requested variances subject to the applicants providing a revised plan for review. The parameters of approval included: 1. 2. 3. 4. 5. 6. Approval of a second story structure encroachment within the 0-75* setback zone, 65 ’ from the shoreline. Denial of the side setback variance for second story of structure to encroach within 4.3 ’ of left side lot line and within 2.4 ’ of right side lot line. Denial of the side setback variances for the attached garage addition to encroach within 6 ’ of the left side lot line. Approval of the removal of the existing 423 s.f. deck in 0-75’ zone, subject to replacement with a smaller 95 s.f. deck as proposed, still slightly encroaching the average setback line. Approval of the hardcover variances as proposed. Applicant to provide a suitable drainage plan to be developed prior to final Council action. Gaffron stated that the applicants had presented new plans. He reviewed the plan drawings with Council. The new plan shifted the garage footprint so that it is centered on the p' operty and met the 10’ side setbacks. However other changes were in conflict with Council ’s direction. The roofline had been totaled 90 degrees so that the gable ends faced the lake and street. The second story was now almost entirely contained within a 13/12 pitch gabled roof. The roof over the garage had become a continuation of the new roof over the second story addition, rather than a separate, slightly lower roof system. The f ront line of the new garage overhangs within 4 ’ of the northerly side lot line and within 0.9 ’ of the southerly side lot line. Cutouts in the roof on the south side of the garage w ould lend some openne.ss to the area, the encroachment by a 13/12 pitch overhand would have some visual massing effects of concern. Gaffron stated that staff did not draft a resolution because the new plans did not meet requirements and raised new issues to discuss. Also, the City Engineer had not had time to review the drainage plan. Mayor Peterson asked if the plan should be returned to the Planning Commission. Gaffron stated that the Planning Commission could we it next Monday. Sanseverc stated he w ould prefer for the application to go back to the Commission. Murphy agreed. White asked if one plan was better than the other in terms of drainage. Gaffron stated that either plan could work w ith the use of gutters or swales to direct water flow. I i 1 ! ORONO CITY COUNCIL MEETING MONDAY, AUGUST 11,2003 6. U03-2907 Jeff and Cara Ziebarth, 720 North Arm Drive—Variances—Revised Plan—Continued Sandy Smith asked if the drawings could be done to scale before the Planning Commission meeting. Jeff Ziebarth stated that the drawings were done to scale, but the copying was improperly done. Jeff Ziebarth stated that they were on their fi Ah set of plans for the house. They had been bringing plans to the City for three months and needed a resolution. Mayor Peterson stated that she had a problem with the 1 ’ setback and would vote against the application. They were going to deny the application last time it came up because the setbacks were too small, and now they were even smaller. Also, she was not comfortable with moving on an application without having the drainage plan reviewed. Mr. Ziebarth stated that they had enough room on the north side for a swale and would control water flow with gutters. The shi A in the roof orientation would help the neighbors by directing water flow away Aom the side lot lines. He stated the purpose of the overhang was to soAen the look of the approach to the front door. He requested being allowed a colonnade along the walkway instead of the overhang. Kirk Ottesen of 710 North Arm Drive stated that he was concerned with the Ziebarths adding bulk so close to the lot line. Mr. Ziebarth stated that they were adding only the garage piece to the existing house, and the current design had reduced the size of the house from the original plans by almost 800 s.f. They considered tearing down the house and building new, but that would only allow them a 720 s.f. footprint for the new home. Murphy stated that the problem was with the new addition coming w ithin I * of the side lot line, a matter distinct from the square footage of the home. He stated they had completely changed the design of the house, shiAing the roof, and had no drainage plan, so it was unfair to expect a resolution from Council w ithout the Planning Commission first seeing the plans. Cara Ziebarth stated that last time she was there, she explained to Council that they had changed the roofline. She said by August 4* she would have the new plans into the City for review, including >he drainage plan, and they were there on time. She stated the building had not changed from the last Council meeting, only she did not have extensive drawings at the last meeting. They did not need any variances except for the overhang. Mr. Ziebarth stated that rotating the roof would help the neighbors because the only maintenance required on the sides would be a gutter. Murphy stated that he w ould not approve the application because of the side setback encroachment. r ORONO CITY COUNCIL MEETING MONDAY, AUGUST 11,2003 6. M03-2907 Jeff and Cara Ziebarth, 720 North Ana Drive—Variances—Revised Plan—Continued Mayor Peterson stated that they were going to deny last time wth setbacks of 2.4 ’ and 4.3’, and then the applicants came in with 0.9’ and 4’ setbacks. Gaffron stated that the maximum overhang allowed was a 1.5’ encroachment into the setback. So from the garage addition, they could have 1.5’ overhang into the setback. Murphy stated that the City has an informal rule of small lot, small house. White mentioned the colonnade idea. Ziebarth sketched it out for the Council to view on the overhead. Gaffron stated it would be viewed as a structure, though it is open and lower than the roof. As drawn it would sit about 4’ from the lot line, instead of 10’. It would be an aesthetic issue, that brings some impacts. White stated that the problem with the colonnade was that it could turn into something else, like a screened in porch down the toad. Mayor Peterson stated she would not vote in favor of the application because of the setbacks. Mr. Ziebach stated that they would be willing to remove the overhangs from both the north and south sides, and put in a colonnade on the south side only. Coimcil agreed that would be acceptable. Gaffron stated that Council had provided clear enough direction. The colonnade would have to be an open structure, set in from the edge of the house. By the next meeting, he would draft a resolution and have new plans, with a review of the drainage plan. White moved, and Mayor Peterson seconded, to table Item 6, #03-2907, Jeff and Cara Ziebarth, 720 North Arm Drive. Vote: Ayes 4, Nays 0. *7. #03-2916 Phillip Smith, 2600 West Lafayette Road—Variance—Resolntion No. 5022 Murphy moved, and Sansevere seconded, to adopt Resolution No. 5022 granting variances to Municipal Zoning Code Section 10.22, Subdivision 2, and 10.56, Subdivision 16(L)(1&2) to allow hardcover in excess of the amounts normally allowed, and a variance to Sections 10.22, Subdivision 1,10.55, Subdivision 8 and 10.56, Subdivision 16(C) to allow a second story addition over the existing residence located less than 75’ from the OHWL of Lake Minnetonka where no structure is normally allowed. Vote: Ayes 4, Nays 0. > i -A ORONO CITY COUNCIL MEETING MONDAY, AUGUST 11,2003 *8. 803-2920 Si. Edward^s Episcopal Church, 865 Fcmdalc Road North- Conditional Use Permit—Resolution No. 5023 Murphy moved, and Sansevere seconded, to adopt Resolution No. 5023 grouting n conditional use permit per Municipal Zoning Code Sections 10.28, Subdivision 3(A) and 10.20, Subdivision 3(B) to permit a church use on the property located at 865 Ferndale Road North. Vote; Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Sansevere thanked Drew McDermott, Ms. Rogasheski, Mr. Bix, and Mr. Hollander for coming and expressing interest in filling the Council seat. Murphy stated that he had seen a letter written to the Pioneer Press by Mound Council Member Pete Meyer explaining why he voted for the Safe and Sober Program. He noted the good work of the Mound and Orono Police Chiefs. Murphy stated he called Mr. Meyer to thank him for the editorial letter. White stated that he would prepare a resolution for the next meeting thanking the organizers of the Casco Point Night Out. Laura Datzenroth and Mary Tucker had over 100 responses, and it was the best neighborhood meeting he has seen. He stated he would like to invite them to the meeting to receive their thanks. Mayor Peterson stated that she appreciated the Long Lake Mayor inviting her to participate in the parade. She also thanked Council for passing Item 13 in support of the Partnership to Address Substance Abuse. She reminded everyone that Navarre Dog Days would happen over the coming weekend. PUBLIC SERVICE DIRECTOR’S REPORT *9. Accept Quotations Navarre Sidewalk Project Murphy moved, and Sansevere seconded, to accept the quotation for the Navarre Sidewalk Project from Schmidt Curb Inc., Elk River, Minnesota in the amount of $40,552.50 with approval of a budget adjustment to the year 2003 Municipal State Aid Fund to reflect the expenditure. Vole; Ayes 4, Nays 0. I ORONO CITY COUNCIL MEETING MONDAY, AUGUST 11,2003 *10. Approve Comiy Road 6 Feasibility Report Murphy moved, and Sansevere seconded, to accept the Willow Drive/CR 0 Intersection Feasibility Study and to authorize City staff to present the study to the Hennepin County Transportation Department for review and to begin discussions on a future intersection reconstruction and traffic signal project. Vote: Ayes 4, Nays 0. Murphy moved, and Sansevere seconded, to approve the recommendation in the Willow Drive/CR 6 Intersection Feasibility Study for the installation of Four*Way Stop Signs at this intersection and to authorize City staff to work with the Hennepin County Transportation Department on the Installation of Four-Way Stop Signs at the Willow Diive/County Road 6 intersection as soon as possible. Vote: Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT *11. Request for Payment—^Navarre Fire Station Murphy moved, and Sansevere seconded, to approve the requests for payment to Constructive Ideas in the amount of $3,240.00, and to BKV Group In the amounts of $2,378.74 and $11,547.89, to be funded from the Navarre Fire Station Construction Fund. Vote: Ayes 4, Nays 0. 12. Adopt New Code for the City of Orono Barrett stated that the City is making smalt, but actual, changes to the Zoning Code, which usually requires a public hearing. He stated he would be more comfortable if a public hearing were held. Sansevere moved, and White seconded, to table Item 12, New Code for the City of Orono. Vote: Ayes 4, Nays 0. *13. Support of Partnership to Address Substance Abuse—Resolution No. 5024 Murphy moved, and Sansevere seconded, to adopt Resolution No. 5024 in support of a continuing partnership among the area cities and with the Orono School District regarding efforts to address chemical abuse. Vote: Ayes 4, Nays 0. 1 ... '---- ORONO CITY COUNCIL MEETING MONDAY, AUGUST 11,2003 14. Saga Hill Park Land Exchange Gaffion stated that the City had acquired land for the Saga Hill Park area, partly through a DNR assisted grant. One property they wanted was privately owned and the City was unable to acquire it. He explained that Garden Lane, the road that would access the property, ends before reaching the property in question, and there is a deep ravine between Garden Lane’s end and the property. Last week the property owner asked what they would have to do to develop the property. Staff explained the owner would have to build a driveway of 500-600’ in length and provide a design to bring sewer to the property. The owner suggested the land previously offered by the City might be a good alternative. The property the City wants to trade has direct access to Wildhurst Trail and sewer already exists. Staff walked both properties with the DNR. The parcels are equal in terms of forestation. There would be about an 8-step process to complete the land exchange, including appraisals. Gaflron slated that the DI^ representatives seemed in favor of the exchange, but there is a formal process to follow to complete the exchange. It will potentially take 2-3 months to complete the process. Murphy suggested including the word “process ” in the motion. MHrpky moved, Md White seconded, to authorixe staff to commence the land exchange process through whkh the City will receive the parcel with P1D#07-117> 2324 0036 In exchange for the parcel with P1D#07-117-2324 0031. Vote: Ayes 4, Nays 0. *15. Release of Conservation Easement—Fleming Trail Addition Murphy moved, and Sansevere seconded, to approve the extinguishment of the conservation and flowage easement on the Fleming Trail Addition property in the area needed for the Highway 12 project, and to authorize the City Administrator to sign the necessary doenments to accomplish thb. Vote: Ayes 4, Nays 0. CITY ATTORNEY’S REPORT None. *16. LICENSES None. 8 1 J ---- ORONO CITY COUNCIL MEETING MONDAY, AUGUST 11,2003 *27. BILLS Mvrphy moved, aad Saosevere sccoadcd, to approve paymeat of the All Fandt Accoaat Vote; Ayes 4, Nays 0. ADJOURNMENT The Bieetiag was adjoaracd at 7:S0 p.m. ATTEST; Linda S. Vee, City Clerk Barbara Peterson, Mayor ------J AUG 2 5 2005 QH t v-/r unuiMU iJ • BUOYS t o No Achortng Btw Buoys A Point •Stow - No wake o Green Channel % f • * BUOYS Em Swim Buoys/Rope O No Achohno Btw Buoys A Point ^ Slow-NO wake 0 Green Channel A Red Channel Parcel Boundary HENNEPIN COUNTY ENVIRONMENTAI. SERVICES Big Island Buoy Locations / Option C vIT v*-.. .^1 —. V. - 4^ ‘ .44I i» ■^ •4 • "I/ , >N r**■'' ' ' *t 4^‘iaik v». ^ - .'A L' l\ •■ - -r ' ‘-^ "4 - •Jfc’ r* ' ; »^ .• J3 m LUO ____i f * « • •mmtm «•Mi iiiMM «.MM I •tertribun>.com No charges in 'boat rage' death on Lake Minnetonka CifiSflL 'f Jim Adams star Tribune PuUished 08/16/3003 A Mound man who was kilted in an incident characterized as "boat rage" actually was hit by his own boat, and his death was an accident, Hennepin County prosecutors said Friday in announcing no felony charges would bellied. Ryan Nustad, 31. was killed July 4 at Cruiser's Cove, near Big Island on Lake Minnetonka, where boaters had gathered to watch fireworks. He died of head injuries consistent with being hit by a propeller, the county attorney's office said. Two men who were arrested after they reportedly argued with Nustad had nothing to do with his death, said Amy Klobuchar, the county attorney. A Lake Minnetonka Conservation District attorney will consider whether misdemeanor charges, such as dninken boating, should be filed, she said. Investigators also found no fault with Anthony L. Kramer. 26, of Mound, who was driving Nustad*s boat at the time, Klobuchar said. Kramer didnl see Nustad trying to climb into the boat near the motor and put the boat in gear to go look for Nm, she said. The death "was a tragic accidenL not the result of any intentional actions or gross negligence by Mr. Kramer,' Authorities initially said that Nustad argued with two men he didn't know, and they pulled their boats alongside each other. As Nustad leaned into the other boat one of the men threw him into the water. Authorities had said the boat occupied by the two men drove over Nustad as it sped away, killing Nm. But Klobuchar said Friday that two witnesses saw Nustad swim back to his boat and try to dimb into it Vliitnesses gave conflicting accounts of whether Nustad fsH into the water or was pushed by someone in the other boat she said. Either way. he was able to swim back to Ns boaL she said. Tests showed Nustad had a blood-alcohol level of 0.20 peroenL twice the legal KmiL which would have impaired his ability to avoid the propefier'a Uades, Klobuchar said. Kramer was not tested, but people who saw Nm soon after the accident reported rto obvious signs of intoxication, she said. Kramer couldn't be reached for comnrent Friday, and NustacTs brother Ross Nustad dedined to comment Conservation District attorney Steven Tallen said he hasn't seen the case yet He said he has charged from 30 to 110 people a year with drunken boating sinoe he was hired by the district in 1986 In recent years, the number usually has been 50 or fewer, he said. Scores of boats w»^re tied together - in a practice known as "rafting" - to watch holiday fireworks the night of July 4. Some boaters initially wouldnl move and delayed water patrol deputies from reaching the accident scene. Some swimmers even ckmbed onto a deputy's boat stopping Ns progress, the County Sheritfs Office said. Patrol deputies needed several hours to clear boats from the Cruiser's Cove area and find Nustarfs body. As a result, the SherifTs OfRoe last month proposed two more safety lanes besides the existing one in Cruiser's hHp JMmm* »f»Wbun>.BC wMwwiiWDnf «0MW7 noiiof •i7«iiinp Cove. The Lake Minnetonka Conaarvation District board approved the two lanes July 24. and the lanes have been added, marked buoys, said SherifTs Sgt Dave Rlngberg. He said a proposal for a shoreline safety zone in Cruiser's Cove is stiH under consMaration. Ringberg and the state Department of Natural Resources (DNR) said no more boat rage cases have been reported since the July 4 inddent. which remains the only known case of boat rage involving death in Minnesota. Nustacfs death would be the ninth boating death this year, compared to 15 at this time last year and 11 in 2001. said Nm Elverum. DNR water safefy coordinator. Oflicials have said boat rafting occurs on few other state lakes or rivers partly because there are more open shorelines where boaters can stop than Lake Minnetonka has. Jkm Adama iB at MamUkUartrtbuim,com, star Tribuns. Al rigMs mwved % r • i j •• •«»•« • AU6 2 5 2003REQUEST FOR COUNCIL ACTION Cll Y ur UHUNU DATE: August 25,2003 ITEM NO; 3 Department Approval: Name Tom Kuehn Title Finance Director Administrator Reviewed: Item Description: Annual Financial Report Presentation*resentati( Agenda Section: City Administrator's Report Ken Malloy, of the City’s auditing firm, will present an overview of the 2002 Comprehensive Annual Financial Report. A copy of the report and the related Management Report, have been provided as part of the agenda packet. COUNCIL ACTION REQUESTED: No action required. U Tom\Woid Rn»r<^llnn Cmmol-Acsmn\200I^AFR^PrtMiMita k • I ORONO COUNCIL CIIAMUERS, 2780 KELI.llV l',\RK\VAY, ORONO, MINNESOTA B 4000 D 3200 1600 (•) Asterisk items arc considered to be routine items to be enacted upon by one mi»lion by the City Council under the Consent Iiem^ on the agenda. Memos regarding each of the Agenda items arc available in the Public Packet - located on the counter near the sign in sheet. waytata V j WT M»nr jtfuCY fitwr. ^ j !! •nrpuwjWA bi itUtti o u UXX iCyXTTOKKi 7 ***^ 0 :3 ROLL CALL CONSENT AGENDA 1. Approve/Amend APPROVAL OF MINUTES • 2. Regular Council Meeting of August 11,2003 PARK COMMISSION COMMENTS - Andrew McDermott, Representative *> PLANNING COMMISSION COMMENTS - J. Marc Fritzlcr. Representative LMCD REPORT - Lili McMillan PRESENTATION 3. 2002 Comprehensive Annual Financial Report - Ken Malloy PUBLIC CO>LMENTS - (Limit 5 Minutes Per Pcrsi n) ZONING ADMINISTRATOR’S ru:PORT 4. /#02*2839 Boyer Building Corporation, 3320 ‘ ''?.!ertown Road - Final Plat Approval - Resoluti >n 5. <^03*2907 Jeff and Cara Ziebartb, 720 North / am Drive - Variances - Resolution 6. "03*2919 Kevin aiid Deborah Thompson, 90 vlyrllewood Koaa - Variances - Resolution • 7. #^03-2922 Imaginality of behalf of Mike Cash nan, 1685 Fox Street - Variances - Resolution • 8. ^03-2927 James ai d Linda Martinson, 1435 I*ark Drive -* Variance - Resolution • 9. ir03*2930 Streeter uid Associates on behalf of Richard and Dcloris Little, 2775 Shadywood Road -»\'ariancc - Resolutiori • 10. #03-2931 Timothy and Kristi Osterberg. 1045 Loma Linda Avenue - Variance - Resolution • U. #03-2932 Michael Hayes of Michael Hayes Homes on behalf of Albeit Trapenese, 3220 Bohns Point Lane - Variances ~ Resolution 12. #03-2933 Gary Nece on behalf of Robert and Brenda MacDonald, 24S0 Old Beach Road - Conditional Use Permits - Variances - Resolution 13. #03-2936 Bruce M cese and Maureen Murph) .3135 Caico Circle - Variances - Resolution • 14. #02-2789/02-2840 Dahlstrom Development. LLC,‘*2550” WayzalaBoulevard-Formal Approval of Private Road Names f »r "Stonebay” MAYOR'COrNCIL REPORT >: AGEND A FOR COUNCIL MEETING SEl FOR MONDAY, AUGUST 25,2003,7:00 P.NL ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKNVAY, C'RONO, MINNESOTA PUBLIC SERVICE DIRECTOR’S REPORT 15. Way-zata Sewer Agreement - Old Long Lake Road 16. Request for Final Payment -TH12AVi I low Traffic Signal Improvements 17. Request for Final Payment - Heritage Drive Sanitary Sewer ^tension Project 18. Change Order Number I - North Long Lake East Stniltry Sewer Project 19. Request for Final Payment - North Long Lake East Sanitary Sewer Project 20. Request for Final Payment - Navarre Fire Station Site Improvements CITY ADMINISTRATOR’S REPORT 21. Application and Certificate for Payment No. 12 - U ng Lake Fire Station 22. Long Lake Fire Station Drainage Plan 23. Disposal of Excess Public Works Vehicle - Hennep n County Auction CITY ATTORNEY’S REPORT • 24. LICENSES • 25. BILLS UPCOMING ISSUES ANT) EVENTS 2003 08/”5 - Council Meeting, 7:00 p.m. Oyrn - nOLIDriY. Ooscrvancc ot Laoor Day 09/02 - Park Commis ion Meeting, Park Tour, 5.15 p.m. 09/03 - Planning Cor 'ion Work Session, 5:30 p.m. Date AppUcatton Received: Date Appikalloa CoasMered at Complete: 60-Day Review Period Eipiree: r/M...... ..— AUG 2 5 2003 Cn Y or c/nuivO REQUEST FOR COUNCIL ACTION Date: August 21,2003 Item No.: V Departmeat Approval:Admiaistrator Approval: Name: Michael P. Gaffron Title: Planning Director Agenda Section: Zoning Item Description: #02-2839 Boyer Building Corporation, 3320 Watertown Road - Final Plat Approval - Resolution List of Exhibits A - Resolution B - Final Plat Drawing C - Preliminary Plat Approval Resolution No. 4894 The t^>plicant has completed (or will complete prior to release of the plat for filing) all requirements of preliminary plat approval as defined in Resolution No. 4894 adopted November 25,2002. The name of the plat is 'MINTAKA". The plat results in two building sites and an access outlot. Finalizing of the plat has been somewhat delayed by tide issues related to a legal description and survey discrepancy regarding the location of a lot line. Efforts to resolve this issue have resulted in the applicant working with the City Attorney to establish a Title Insurance Policy naming the City as an insured party pending quiet title action to resolve the minor discrepancy, which may take another year. Tlie Policy covers any potential costs the City might incur as a result of the title action. Staff Recommendation Staff recommends Final Plat Approval per the attached resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. . * A wiifi iliaiiiiteit^ A RESOLUTION APPROVING THE PLAT OF MINTAKA - FILE #02-2839 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter “City Council ”) has adopted subdivision and land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application by Boyer Building Corporation (hereinafter the “applicant”) for subdivision of property located at 3320 Watertown Road and legally described as follows: The Northeast Quarter of the Southeast Quarter of Section 32, Township 118 North, Range 23, West of the 5* Principal Meridian, Also: Tlie West 23 rods (379.5 feet) of the East 43 rods (709.S feet) of the North 33 rods (S44.S feet) of the Southeast Quarter of the Southeast Quarter of Section 32, Township 118, Range 23; Also: That part of the Southeast Quarter of the Southeast Quarter of Section 32, Township 118, Range 23, lying West of the East 43 rods (709.5 feet) and northerly of County Road and Easterly of a line described as follows: Commencing at a point in the North line of t!ie Southeast Quarter of the Southeast Quarter distant 14 feet East from the Northeast comer of the West 30 rods (495 feet), 1032 feet; thence Southwesterly to a point in the northerly line of County Road No. 45 distant 10.9 feet southeasterly along said Road line from its intersection with the East line of the W'est 30 rods (495 feel) of the Southeast Quarter of the Southeast Quarter; Also That part of Government Lot 1, lying South of Railroad Right of Way in Section 32, Township 118, Range 23, Hennepin County, Minnesota (hereinafter "the property*'); and WHEREAS, on November 25,2002 the City Council adopted Resolution No. 4894 granting Preliminary Plat Approval for the proposed development of a two-lot plat for single family residential purposes; and Page I of 3 WHEREAS, the Developer has completed or has agreed to complete all other requirements of the platting regulations of the City including: 1. Completion of all platting requirements of Preliminary Plat Resolution No. 4894. 2.Dedication on the plat of perimeter Drainage and Utility Easements as required in Resolution No. 4894 3.Designation and dedication on the plat of wetlands subject to City and other agency jurisdiction, and granting of the standard Flowage and Conservation Easement over said wetlands. 4.Submittal of Minnehaha Creek Watershed District (MCWD) permit approving the grading and stormwater management plan for development of the Property. 5.Payment lo the City of Park Dedication Fee, Stormwater and Drainage Trunk Fee, final plat review fees and legal review and filing fees as identified within Resolution No. 4894. 6. Provision to the City of a title opinion for the Pioperty and certified copies of all recorded easementi currently affecting the Property. NOW, THEREFORE, BE IT RESOLVED that based on the findings of Resolution No. 4894, the City Council of the City of Orono does hereby approve the plat of MINTAKA, Hennepin County, Minnesota subject to the following conditions: 1.The City Clerk shall release the plat documents for filing only upon certification by the City Attorney and Planning Director that all requirements of the platting regulations have been satisfied. 2..The aforesaid plat shall be filed by the City of Orono with the Hennepin County Registrar of Titles Office on or before Februaiy 25,2004 together with a certi fied original copy of this resolution and executed copies of the easements and covenants pertinent thereto. The approval granted by this Resolution shall expire if the conditions of this Resolution have not been met or the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Page 2 of 3 4 4 Adopted by the City Council of Orono this 25th day of August, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowLuged 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 befo -e me on this___day of, 2003 by Linda S. Vee, City Cleric of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 3 ^ -i 1! 1 a k c. CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO.______4 H 9 4 A RESOLUTION GRANTING PRELIMINARY APPROVAL FOR A TWO LOT SUBDIVISION OF PROPERTY LOCATED AT 3320 WAERTOWTS ROAD PID 32-118-23-41-0001 FILE NO. 02-2839 WHEREAS, Boyer Building Corporation, (hereinafter "the subdivider") on September 30,2002, filed an application with the City of Orono (hereinafter "the City") requesting subdivision of property located at 3320 Watertown Road within the City of Orono and legally described as follows: The Northeast Quarter of the Southeast Quarter of Section 32, Township 118 North, Range 23, West of the S'** Principal Meridian, Also; The West 23 rods (379.5 feet) of the East 43 rods (709.5 feet) of the North 33 rods (544.5 feet) of the Southeast Quarter of the Southeast Quarter of Section 32, Township 118, Range 23; Also: I'hat part of the Southeast Quarter of the Southeast Quarter of Section 32, Township 118, Range 23, lying West of the East 43 rods (709.5 feet) and northerly of County Road and Easterly of a line described as follows: Commencing at a point in the North line of the Southeast Quarter of the Southeast Quarter distant 14 feet East from the Northeast comer of the West 30 rods (495 feet), 1032 feet; thence Southw esterly to a point in the northerly line of County Road No. 45 distant 10.9 feet southeasterly along said Road line from its intersection with the East line of the West 30 rods (495 feet) of the Southeast Quarter of the Southeast Quarter; Also That part of Government Lot 1, lying South of Railroad Right of Way in Section 32, Township 118, Range 23, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing on October 21,2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. WHEREAS, at their regular meeting held on November 25,2002 the Orono City Council considered the subdivision application of the subdivider noting the following findings of fact; Page 1 of 6 % I } t ! ; GITYof ORONO RESOLUTION OF THE CITY COUNCIL NO._____4 8 9 4 1. 3. 4. 5. 6. 7. FINDINGS The property is located within the RR-IB Single Family Rural Residential Zoning District requiring a minimum of 2 acres of contiguous dry buildable land within each buildable lot. The property contains a total of 50+ acres of land. Lots 1 and 2 each meet the minimum size requirements for lots in the RR-IB zoning district. Lot 1 meets the 3-acre minimum area requirement for a back lot per zoning code Section 11.31 Subd. 5. Both lots have been found to have adequate and suitable soils and approved sites for on-site septic treatment facilities. Driveway access for Lot 1 and Lot 2 is via Outlot A with an opening from Watertown Road. The driveway access serving Lots 1 and 2 will cross a designated wetland that is protected by City Ordinance and WCA regulations. The City Council finds that the wetland fill to create a driveway is necessary to preserve a property right of the applicant, and that the crossing will have minimal impact on the wetland and floodplain when properly constructed and mitigated. Single family residences can be constructed on Lot 1 and Lot 2 without the need for further variances. The Orono Planning Commission has recommended approval of the proposed plat and wetland variance. NOW, THEREFORE BE IT R£SOL\TD, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat for Boyer Building Corporation per preliminary plat drawings by Mark Gronberg, Land Surveyor, Coffin & Gronberg, Inc., Land Surv'eyors dated 9/12/02, revised 9-30-2002, subject to the following conditions; 1.Subdivider shall pay the standard Park Dedication Fee for the one new lot and Page 2 of 6 » •* 1 m ClTYof ORONO RESOLUTION OF THE CITY COUNCIL NO.________4 8 9 4 Stonnwater Trunk Fees per City ordinance for the property. 2. Dedication of the standard drainage, utility and wetland easements. 3.Prior to residential construction on Lot 1 and Lot 2, all preliminary and alternate septic sites must be fenced off prior to any construction activities. 4.The City will grant the necessar>' variance for the wetland crossing for the driveway to serve Lots 1 and 2, subject to mitigation of wetland fill on site and buffer preservation per MCWD’s permit requirements and app n > I'.i Final plat will not be approved by City until MCWD approvals have been submiued to the City. 5.Outlot A is intended merely as a corridor for driveway serving Lots 1 and 2 and shall contain no primary or accessory structures. 6. 7. Subdivider shall execute a private driveway maintenance agreement for Lots 1 and 2. Subdivider is hereby advised that preliminary subdivision approval will expire one year from the date of Council preliminary plat approval. Should the subdivider fail to complete the filing of the final plat application within the year deadline, it shall be necessary for the subdivider to file a new preliminary subdivision application with the City. 8.The lots are subject to the following standards, per the requirements of the zoning subdivision ordinance relating to front/back lot subdivisions: Lot 2 2 acres Front/Rear Setback - 50’ Side Setback (East) - 30 ’ Side Adj. to Outlot A ~ 50’ Lot 1 3 acre minimum Front/Rear Setback - 75 ’ Side Setbacks-45’ Final Plat Submittab: The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. These submittals are as follows: Page 3 of 6 1. CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO______^ ^ ^ 4 Record plat drawings in the form of two (2) mylar copies (one copy for the City’s records and one for filing with Hennepin County) and one (1) copy reduced to 1" - 200*. Drawing to include: A. Lot lines platted per preliminary survey by Coffin & Gronberg, Inc. dated September 30,2002, on file with the City of Orono. B.Dedication of drainage and utility easements 10' wide along the exterior boundaries of property and S' along the internal lot lines, per the attached dra\\ing. C. Flowage and Conservation easements shall be granted over the wetlands on Lot 1 and Lot 2 and shall be shown as “drainage easements” on the final plat drawing. D. Naming of plat. 2. Letter from MC WD approving permit application to mitigation of wetland fill on site and buffer preservation for the wetland crossing for the driveway to serve Lots 1 and 2. 3. Legal documents required: a. b. c. Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. The applicant must provide certified copies of all recorded easements currently affecting the property. • • Subdivider shall execute a Conservation and Flowage Easement over all areas shown as “drainage easement” on the plat. 4. Fees to be paid. Final plat fee “ $200.00 Page 4 of 6 r m. 11 b. c. GlTYofORONO’ RESOLUTION OF THE CITY COUNCIL NO.------------4_a«4 Legal review and filing fees for subdivision and associated documents $200.00 *Park Dedication Fee: amount shall be determined as soon as City Assessor has placed a fair maricet value on the undeveloped land at the time of preliminary plat approval. The subdivider shall be advised as soon as Assessor’s report hu been filed with City. Park dedication fee shall be based on of the fair market value of the land not to exceed SS,SS0 per new building site. Stormwater and Drainage Trunk Fee: amount determined by City Council on October 28,2002 « $21.600. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 25th day of November, 2002. ATTEST: y t! L ^ Linda S. Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 2Sth day of November, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ivfl 1 Notary Public Cooninbn jai Si. aoM Page 5 of6 GITYofORONO i RESOLUTION OF THE CITY COUNCIL .o 4894 STATE OF MINNESOTA COUNTY OF HENNEPIN n VI bf/1The foregoing instrument was acknowledged before me on this cL day of NoYEmber, 2002 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. t IQnci > NotaryPublic 5^ I, 1 ■J ♦. • - ‘>1 Page 6 of6 mmii i .r W: s BO*ir M* w CERiriCATE OF SURVEY.FOR BOYER BUILDING CORPORATION W SECTION 32-118-2J HEMCPM COUNTY, UNNESOTA B U3t.t2 r WUU%*%^ ^8. / rurvurr / V? J A ;/ a%n«r M«r«r4i- c 4UJ0 N 00^ a?* »uatja In* k»*IN«*«l , 4t» tM «««| • « IM WilMMi 0m#«*» w. ... ft IM U«IN*««I Om«U# •* ttf Oi»»'Uf cf Will** 11. ?*«*•»:* Ill 11 lvl»f «mI *1 IW t««l «1 *1 IN* l*wlNt««i On*«I«» *• lull** SI. t*M*ni* Ilf MmIN, •«««• 11, «Ml •! |N« liN * lFoT;,!’;: •' ‘** *“'* *’ “*• “*• * '•••* •' •*• «AID> T»«| **«l fl IN* U ‘ ^ ------------ *- - - - - - *•*• (lot 1 l*«l| *N* mmt • I <***l*f if** M*»k*# **| 0 #«N*l*t i«*N <■•«%•« f*^ •**f«»fl •*•«« •*• **l*« aO** •* tiMiv* 0*1^ MNi iNli *«#•** IM***! I* **•• IN* M^#**tt* *• IN* «••** «**c*IO*« •**M'tf. *^|N* lM*t.*« *1 |N«*t tN>*l>«* |N*»**« II *••• **l 0«0**l I* tN*a *N* *IN*# i*^#*.^n**l* *# ***ff***^a**i*. Date Application Received: 5-2I-03 Dale Application Considered as Complete: 5-22-03 Initial 00-Day Review Period Eipired: 7-21-03 6-23-03 Eitcnsion of Review Period to: 9-19-03 AUG 2 5 2003 REQUEST FOR COUNCIL ACTION ClT Y ur Date: August 21,2003 Item No.: ^ Deparlment Approval: Administrator Approval: Name: Michael P. GafTron Title: Planning Director '0^ Agenda Section: Zoning Item Description: ^03-2907 Jeff & Cara Ziebarth, 720 North Arm Drive - Variances - Further Revised Plan - Resolution List ofExhibiU A - Resolution B - Newly Revised Site & Drainage Plans C - Newly Revised Plan and Elevation Views D - City Engineer ’s Comments E - Notice of Council Action 8-21-03 F - Memo and Exhibits of 8-6-03 On August 14 Council voted 4-0 to table the application pending applicants ’ re-design to omit the overhang encroachments efthe 10’ side setbee!: for the new garage v.ing, end pending City Engineer review of the grading and drainage plan. Applicants have provided a revised site plan including grading and drainage plan, and have submitted new drawings depicting the second story additions which appear to meet the intent of Council’s prior direction. Colonnade The new plans include a colonnade feature as described by the applicant on August 14. This feature includes 4 columns set approximately 3.5'-4.5' from the side lot line, w ith an open beam connection to the house about 1 -2' below' the gable line. The feature also includes louvers ^tween the overhead beams as a sun shield. Assuming the louvers arc positioned vertically and are spaced widely, they will not act as hardcover. CouncU is asked to reach a conclusion as to whether the width or diameter of the columns is as anticipated, and whether the louvers are acceptable. Drainage Plan The City Engineer has reviewed the grading and drainage plan. His comments are attached as Exhibit D. With minor adjustments and attention to certain details, the drainage plan Would :^>peaI to be acceptable. It is noted that construction of the swales as proposed will require some handwork and may require cooperation of the neighbors, perhaps a construction easement, to construct the plan. J r #03-2907 720 North Ann Drive Auguit 21,2003 Page 2 Council on July 28 established the following parameters for approval of variances for this property: 1. Approval for the second story structure encroachment within 0-75' setback zone, 65 ’ from the shoreline. 2.Denial of the side setback variance for second story of structure to encroach within 4.3* of left side lot line and within 2.4' of right side lot line, because the resulting structure would tend to overshadow adjoining properties and lead to future maintenance issues. 3.Denial of the side setback variances for the attached garage addition to encroach within 6' of the left side lot line, as it can be shifted to meet 10' required side setback with some interior design changes. Approval of the removal of the existing 423 s.f. deck in 0-75’ zone, subject to replacement with a smaller 95 s.f. deck as proposed, still slightly encroaching the average setback line. 5.Approval of the hardcover variances as proposed, finding that the plan reflects what appears to be the minimum hardcover necessary to support a reasonable residence on the property, as follows: a) Hardcover in the 0-75’ zone will be reduced from 1058 s.f. (29.4%) to 535.3 s.f. (14.8%) where no hardcover is allowed, by reducing deck steps and concrete slab areas. b) Hardcover in 75-250' zone will be reduced from 2257.1 s.f (51.9%) to 1961.3S s.f (45.1%) where 25% is allowed. 6. Applicant to provide a suitable drainage plan be developed prior to final Council action. Pending Council ’s acceptance of the coloruiade design, the currer.t proposal appears to meet the parameters established by Council. Consequently, staff has drafted a resolution for variance approval. Staff Recommendation Staff recommends approval of the variances per the newly revised site plan, grading plan and plan/elevation depictions, subject to Council acceptance of the colonnade design. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. T J A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.24, SUBDIVISION SB; 10.22, SUBDIVISIONS 1 AND 2; 10.55, SUBDIVISION 8; AND 10.56, SUBDIVISIONS 16(C) AND 16(L) - FILE NO. 03-2907 WHEREAS, JeffD. Ziebarth and Cara Ziebarth, nusband and wife (hereinafter "the applicants”) are the owners of the property located at 720 North Arm Drive within the 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 a variance to Orono Municipal Zoning Code Sections 10.22 Subd. 2 and 10.56 Subd. 16(LX1&2) to allow hardcover on the property in excess of the hardcover amounts normally allowed, and a variance to Sections 10.22, Subd. 1,10.55 Subd. Sand 10.56 Subd. 16(C) to allow a second story addition over the existing residence located less than 75’ from the OHVVL of Lake Minnetonka where no structure is normally allowed, and a variance to Section 10.22 Subd. 1 and 10.56 Subd. 16(C)(6) to allow an encroachment of the average lakeshore setback, and a variance to Section 10.24, Subd. 5(B) to allow expansion of roof lines and a colonnade structure to be located less than the required 10' from the side lot lines. Minnesota; NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, FINDINGS 1. 2. This application was reviewed as Zoning File #03-2907. The property is located in the LR-IB Lakeshore Residential Zoning District, which requires minimum lot area of 1.0 acres and minimum lot width of 140*. The lot has a defined width of 50* at the shoreline and 45' at the 75’ lakeshore setback, and is 0.18 acres in area. Page 1 of 7 If* r r ^ > 3.The Orono Planning Conunission initially reviewed this application at a public hearing held on June 16,2003 and: subsequently at a continued hearing held on July 28, 2003. The applicants revised their initial proposal, and on July 21, 2003 the Planning Commission recommended partial denial and conditional approval of the variances needed for the revised proposal on a 7-0 vote, based on the following findings: a)The property contains an existing residence structure and detached garage. The applicants wish to remove the existing detached garage, add an attached garage to portions of the existing house, and construct a second story addition over the new garage and existing house. A portion of the existing house is located less than 75' from the shoreline, and the house severely encroaches the required 10' yard on both sides. The property also contains an existing deck within the 0-75' zone and other features which constitute additional hardcover on the property. Approval for the second story structure encroachment within 0-75' setback zone, 65' from the shoreline is a reasonable request w’hich is supported by the nardship createu oy the location of the existing home. The side setback variances lo allow a second story of structure to encroach within 4.3' of the left side lot line and within 2.4' of the right side lot line should not be approved, because the resulting stnicture would tend to overshadow adjoining properties and lead to future maintenance issues. The side setback variances requested for an attached garage addition to encroach within 6' of the left side lot line should not be approved, as the garage can be shifted to meet the 10' required side setback with some interior design changes, and no hardship exists to support this request. The removal of the existing 423 s.f. deck in 0-75' zone is appropriate, and replacement with a smaller 95 s.f. deck as proposed, still slightly encroaching the average setback line, is a reasonable request given the location of the existing house and the minimal impacts on neighboring views of the lake created by the revised deck proposal. Page 2 of7 1 4 4. 5. 6. 7. Approval of the hardcover variances per the revised plans is reasonable, finding that the plan reflects what appears to be the minimum hardcover necessary to support a reasonable residence on the property, as follows: Hardcover in the 0-75' zone will be reduced from 1058 s.f (29.4%) to 535.3 s.f. (14.8%) where no hardcover is allowed, by reducing deck steps and concrete slab areas. Hardcover in the 75-250’ zone will be reduced from 2257.1 s.f. (51.9%) to 1961.38 s.f. (45.1%) where 25% is allowed. Applicant should provide a suitable drainage ,ylan be developed prior to final Council action, to address the drainage concerns expressed by ncigliboring property owners. The City Council reviewed this application on July 28,2003 meeting and on a vote of 4-0 granted partial approval per the Planning Commission recommendation, directing the applicant to return with a plan meeting the established parameters and directing stall to draft a resolution for adoption. The City Council reviewed the submitted revisions on August 11,2003 and tabled the application for further revisions to eliminate excessive encroachment of the 10' side setbacks by garage roof overhangs. On August 25,2003 the Council reviewed the further revised proposal and finds it to meet the parameters established for development of this substandard site. 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. Page 3 of 7 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 10.22 Subd. 2 and 10.56 Subd. 16(L)(1&2) to allow hardcover on the property in excess of the hardcover amounts normally allowed, and a variance to Sections 10.22, Subd. 1,10.55 Subd. 8 and 10.56 Subd. 16(C) to allow a second story addition over the existing residence located less than 75' from the OH WL of Lake Minnetonka where no structure is nonnally allowed, and a variance to Section 10.22 Subd. 1 and 10.56 Subd. 16(C)(6) to allow an encroachment of the average lakeshore setback, and a variance to Section 10.24, Subd. 5(B) to allow expansion of roof lines and a colonnade structure to be located less than the required 10' from the side lot lines, subject to the following conditions: 1.Council approval is based on the revised site plan and house plan & elevation views submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit B. Any revisions to the site plan which are not in conformity with the conditions of this approval resolution will require further Planning Commission and City Council review. 2. The hardcover variances are approved as follows: a)Hardcover in the 0-75' zone will be reduced from 1058 s.f. (29.4%) to 535.3 s.f. (14.8%) where no hardcover is normally allowed, by reducing deck steps and concrete slab areas. Hardcover in the 75-250' zone will be reduced from 2257.1 s.f. (51.9%) to 1961.38 s.f. (45.1%) where 25% is allowed. Any existing plastic or fabric landscape bed liner material shall be removed from the site, as such liners are considered as hardsurface but are not allowed to be considered in hardcover calculations. d) The remodeled residence may not be occupied until the site has been certi fied by the City as being in full compliance with this hardcover approval. Hardcover on the property shall not exceed the limits as noted in this resolution. Applicants arc advised that any future proposals for additional hardcover on the property will likely not be approved, but mi^t be approved only in conjunction with concurrent hardcover removals to result in no net hardcover increase oti the property. Page 4 of7 3. 4. 5. 6. Applicants shall adhere to the submitted grading and drainage plan subject to the comments and conditions noted by the City Engineer in his letter dated August 21,2003. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (August 25,2004). 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 tenns of this resolution and on behalf of the applicants and the applicants’ heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 2Sth day of August, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) % Pages of? 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 6 of7 —--- STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of .2003, personally appeared before me, ____who is personalty known to me ____whose identity I proved on the basis of, whose identity I proved on the oath/afilrmation of, a credible wimess 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 1 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 ex«;uted the same as his/her/their free act and deed. Notary Public Page 7 of? 4 ^-21-02 i. 1 •yl •:''flH5J '"if'- t" ' , fM- . /I Mi/ ^ #' /• «•«•*% S' I m. >t » ^ f 0 m %.%»'•“ '■^^f E •v'>'»y.v uOk ’v V • I' r nu(-Sl 2003 11 a532H B0NE8TR00 R08EHE RNOERLIK 8S16361311 P.l Bonestroo S=S Bosene AnderUk& |\|| Associates Cnginteri 4 Architects August 21,2003 AumImm. hM. I* «n AmrMMi** AcUmv^uM Op^ftcKWty ^ Mike Oaffron Plaaning Director City of Orono Post Office Box 66 Crystal Boy, MN 55323 aBMoc. AfMrMi 4 and iaipitytt Owaee ____ itffy A. aourdon. ftf. •"Sllrk »ontaia, at • Oim t. Coot, at • Oobtrc C Scnuriiciii, at • VMOilio: wwMtOcnojiroo coni 720 North Ann Drive Plat No. 03-2907 File No. 139-03-000 I>car Mike, ’ ^ .r25.. ™.»iu b.„ W«cr wl».. «o.KS. •' erosioo (clwck duiu, «roiiOfi nut. etc.). ***** ^ utilizm( method, lo control F Fc y 11 may DC oecetsiry to acquire temporary easements to construct the swales asshown. . ™^P'^*~'<'i<‘«>ify«»tointiled«hm^,oc.tio,d.owo„th.oo,me.«conmroftIme.^^^^ * X'X«c^«:toTt.X“'‘"”'’‘**‘*"**“*''‘*'‘“'**'‘'>“^ Plee» contoci me « (6S1) 604-..63 if ,0. h.,. mty ,„e,tiop. mgerdht* dd. m««. Yours very uuly, BONESTROO, ROSENE, ANDERLIK Si ASSOCIATES, INC. 1 Tom Kellogg Cc: Greg Gappa, City of Orono 2335 West Highway 36 • St. Paul, MN SStfJ • 6St-636*460O •Fax; 6SI*636o|3II .......... /v-V-pVi t--\T i . ’* i |: It:.- ..i,™ ja CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE #03-2907 i NOTICE OF COUNCIL ACTION DATE OF NOTICE: August 21, 2003 TO:JefT & Cara Ziebaith 820 Bayside Lane Minnetrista, MN 5S364 COPIES: TYPE OF APPLICATION: Variances DATE OF MEETING: August 11, 2003 VOTE: 4 FOR 0 Motion: Table, to allow applicant to redesign to eliminate the roof encroachments, provide detail for the colonnade feature, and for City Engineer to complete his review of the drainage plan. Applicant's next scheduled meeting is confirmed as: Connell - Monday, August 25, 2003; meeting starts at 7:00 p.m. 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. L Date Application Received: S-21-03 Date Application Coniidcrcd ai Complete: S-22*03 Initial 60-Day Review Period Eipired: 7-21-03 6-23-03 Extenilon of Review period to: 9-19-03 REQUEST FOR COUNCIL ACTION Date: August 6,2003 Item No.: (p Department Approval:Administrator Approval: Name: Michael P. Gaffron Title: Planning Director Agenda Section: Zoning Item Description: #03-2907 Jeff & Cara Ziebarth, 720 North Arm Drive - Variances - Revised Plan - Resolution List of Exhibits A - Revised Site & Drainage Plan Submitted 8-5-03 B - Revised Plan and Elevation Views Submitted 8-5-03 C - Comparison of Elevation View - Initial Proposal and Rci'ised Proposal D - Staff Sketch Comparison Showing Proposed Overhang Encroachments E - Notice of Council Action 7-30-03 F - Selected Exhibits from 7-24-03 Staff Memo On July 28 Council voted 4-0 to grant partial approval of the requested variances, subject to applicants providing revised plans for Council and neighbor review, per the following parameters: " Approval for the second story structure encroachment within 0-75' setback zone, 65' from the shoreline. Denial of the side setback variance for second story of structure to encroach within 4.3' of left side lot line and within 2.4' of right side lot line, because the resulting structure would tend to overshadow adjoining properties and lead to future maintenance issues. Denial of the side setback variances for the attached garage addition to encroach within 6 of the left side lot line, as it can be shifted to meet 10' required side setback with some interior design changes. Approval of the removal of the existing 423 s.f. deck in 0-75' zone, subject to replacement with a smaller 95 s.f. deck as proposed, still slightly encroaching the average setback line. Approval of the hardcover variances as proposed, finding that the plan reflects what appears to be the minimum hardcover necessary to support a reasonable residence on the property, as follows: a) Hardcover in the 0-75' zone will be reduced from 1058 s.f. (29.4%) to 535.3 s.f. (14.8%) where no hardcover is allowed, by reducing deck steps and concrete slab areas. b) Hardcover in 75-250' zone will be reduced from 2257.1 s.f (51.9%) to 1961.38 s.f. (45.1%) where 25% is allowed. ** Applicant to provide a suitable drainage plan be developed prior to final Council action. :» M3-2907 720 North Arm Drive August 6,2003 Pages Drainage The drainage plan arrived late this week. Tom Kellogg has not had an opportunity to review it as of this writing. The plan indicates the creation of a swale along the north lot line. Part of this swale is under t’le proposed garage overhang. paper, this would appear to move the drainage along the lot line as desired; staff and the City Engineer will have to inspect the site to determine if the draingge plan is feasible. Staff has had no contact with the neighboring property owners regarding their review of the plans. Staff Recommendation The plans provided raise enough new questions that staff has not drafted a resolution for Council consideration. Rather, staff requests that Council address the new encioachment by the roof system, and if no hardship is presented to support the encroachment, the plan should be rejected. Additionally, the applicants should be asked to provide an elevation view of the north side, and should provide new hardcover calculations to show that the approved levels have been met. COUNCIL ACTION REQUESTED Address the revised plans, especially the new encroachmeni of the roof sj'stcm. Provide direction to applicant and staff as to whether this encroachment is acceptable. If so, direct staff to draft a resolution for jour next meeting. If not, direct applicant to revise plans for further review. 1 a. 1____- FieAr^ •‘■j n j-.^;*' i ■\ . ■-•. '»•. - . .r ••- £ . s +€'/•>! ^ / » -A 9•5 •In -1 □ € CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 TO; Jeff & Cara Ziebarth 820 Bayside Lane Minnetrista, MN 55364 ZONING nLE #03-2907 NOTICE OF COUNCIL ACTION DATE OF NOTICE; July 30, 2003 COPIES: ?-£--03 TYPE OF APPLICATION; Variances DATE OF MEETING; July 28, 2003 VOTE; 4 FOR 0 AGAINST Motion: To approve per the Planning Commission and staff recommendation, as follows: « 1 2 Approval for the second story- structure encroachment within 0-75’ setback rone 65' from the shoreline. Denial of the side setback variance for second story of structure to encroach wiihm 4.3' of left side lot line and within 2.4' of right side lot line, because the resulting structure would tend to overshadow adjoining properties and lead to future maintenance issues. . Denial of tlw side setback variances for the attached garage addition to encroach within 6 of the left side lot line, as it can be shifted to meet 10' required side setback with some interior design changes. 4. Approve the removal of the existing 423 s.f. deck in 0-75' zone, subject to replacement line ^ ^ proposed, still slightly encroaching the average setback 5. Approval of the hardcover variances as proposed, finding that the plan reflects what appears to be the minimum hardcover necessary to support a reasonable residence on the property, as follo ’..s: a) Hardcover in the 0-75' zone will be reduced from 1058 s.f. (29.4%) to 535.3 s.f (14.8%) where no hardcover is allowed, by reducing deck steps and concrete slab areas. b) Hardcover in 75-250' zone will be reduced from 2257.1 s.f (51.9%) to 1961 38 s.f (45.1%) where 25% is allowed. 6. Applicant to provide a suitable drainage plan be developed prior to final Council action. Council directed staff to prepare a resolution for review and adoption on August 11. Council noted that the neighboring property owners should be provided the opportunity to review final plans, including the drainage plan. Please submit final plan revisions and drainage plan as soon as possible for review and inclusion in the Council packet. Applicant's next scheduled meeting is confirmed as: Council - Monday, August II, 2003; meeting starts at 7:00 p.m. If you desire certified copies of the official Council minutes, thi^”aii7!^iaiabl7^~h7cl^ Clerk after review and approval by the City Council. .1 22SJ>. <92i S.F. Removed) D0SJ>. 9.61 SJ». 88SJ>. SJ».. 464S.F. P. Rrmoved) Date Application Received: 6-1IMI3 Date Application Considered as Comp' ■: 6-18-03 Initial 60-Day Review Period Espires: 8-17-03 60-Day Review Period Extended on 7-3' * to: 10-16-03 AUG 2 5 2003 REQUEST FOR COUNCIL ACTION Date: August 21,2003 Item No.: Department Approval: Administrator Approval: Name: Michael P. GafTron Title: Planning Director Agenda Section: Zoning Item Description: #03-2919 Kevin & Deborah Thompson, 90 Myrtlewood Road - Variances & CUP - Resolution Zoning District: Lot Area: RR-IB Single Family Rural Residential, 2-acre min. 1.729 acres (75,299 s.f.) gross; approx. 1.55 acres (67,000 s.O net dry List of Exhibits .A - Resolution B - Notice of PC Action 8-21-03 C - Memo and Exhibits of 8-12-03 Application Summary Applicant requests the following: 1. 3. 4. Setback variance to construct a 996 s.f. detached garage/pool hoose/storage building, 23.1* from the side street lot line where a 50' side street setback is lequircd. Oversize accessory structure (OAS) variance to allow the new building to be attached to the existing 848 s.f detacticd garage via an 11 ’ x 15 ’ (165 s.f) greenhouse, for a final accessory’ stnicturc size of2009 s.f.(no accessory building larger thai; 1000 s.f is ahowtd on a lot of 0-1 .99 acres in area). Setback variance to caistruct a 20' x 45' (900 s.f) swimming pool 10' from the side street lot line where a 50' side street setback is normally required. CUP for plumbing in an accessory building. % # * 6 i IN)3*2919 90Myiilcwood Road August 21,2003 Rage 2 Planohig Commission Recommendation Planning Commission reviewed this request at their August 18 meeting and on a vote of 5-0 recommended as follows: 1.Approval of setback variance to allow the new 996 s.f accessory building to be located 23.1' from the side street lot line where a SO* setback is normally required. Penial of an Oversize Accessory Structure variance to allow the attachment of the new' 996 s.f building to the existing 848 s.f. garage via a 165 s.f. greenhouse which would yield a 2009 s.f. accessory structure on a lot of less than 2 acres in area where no oversiie accessory structures are normally allowed. Approval of a variance to allow the proposed 900 s.f. pool to be located 15' (rather than the 1 O' setback proposed) from the side street lot line where a 50' setback would normally be required. 4.Applicant to establish and maintain year-round vegetative screening along the south boundary to reduce the visual impact of the proposed pool and building. 1 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5(B) AND A CONDITIONAL USE PERMIT PER SECTION 10.20 SUBDIVISION 3Q; AND DENYING A VARIANCE TO SECTION 10.03 SUBDIVISION 9(CK2) - FILE NO. 03-2919 WHEREAS, Kevin L. Thompson and Dcborali Thompson (hereinaHcr "the applicants") are the owners of the property located at 90 Myrtlewood Road within the City of Orono (hercinaAcr the "City") and legally described as follows: Lot 7, Block 1, MYRTLliWOOD, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 10.28 Subdivision 5B to allow construction of a 996 s.f. detached garage/pool house/storage building, 23.1' from the side street lot line where a Su‘ side street setback is required; and a variance to Section 10.03 Subd. 9(C)(2) allow the new building to be attached to the existing 848 s.f. detached garage via an 11* x IS’ (165 s.f) greenhouse, for a final accessory structure size of2009 s.f., when no accessory building larger than 1000 s.f. is allowed on a lot of 0-1.99 acres in area; and a variance to Section 10.28 Subd. 5(B) to allow the const! uction of a 20' X 45' (900 s.f.) in-ground swimming pool 10’ from the side street lot line where a 50’ side street setback is normally required; and a conditional use permit (CUP) per Section 10.20, Subd. 3Q for plumbing in an accessory building. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono. Minnesota: HNDINGS 1. 2. This application was reviewed as Zoning File #03-2919. 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 is 1.73 acres in gross area and 251' in width. Page 1 of 6 u ‘' ( * f { sr^ssn. 3.The Planning Commission reviewed this application at a public hearing held on August 18,2003 and recommended partial approval of the application, based on the following findings and conclusions: a)Approval of the setback variance to allow the new 996 s.f accessory building to ^ located 23.1' from the side street lot line is reasonable due to the wide unused MnDOT right-of-way adjoining the side street lot line, which provides for additional separation of the accessory structure from the actual travelled roadway. There is no hardship or justification presented to support the vaiiance to allow the attachment ofthe new 996 s.fbuilding to the existing 848 s.f. garage via a 165 s.f. greenhouse. The resultant building of just over 2000 s.f. in area would potentially have negative visual impacts as viewed from Highway 12, and is not in keeping with the intent of the Oversize Accessory Structures ordinance which attempts to limit the bulk and massingof accessory strucurei' on properties based on the size of the property. Approval of a vanance to allow the proposed 900 s.f. pool to be located 15' (rather than the 1 O' setback proposed) from the side street lot line is reasonable given the width of the unused portion of adjacent MnDOT right-of-way, the fact that at the proposed location no neighboring property owners will be affected by the visual or activity impacts normally associated with a pool use, and keeping in mind the 15' setback from an interior side lot line normally required for accessory structures of 750-1000 s.f. in area. The setback variances should be approved only in conjunction with a requiren ;nt to establish and maintain a suitable \ ear-round vegetative buffer along the side street lot line to sofren the visual impacts of the structures allowed to be nearer the lot line than normally allowed. Approval of the request for a CUP for plumbing in an accessory structure to include toilet, sink and show er is reasonable given the intended use of the 996 s.f structure as a pool house, and although the property is less than 2.0 acres i’”. area, the proposed use substantially meets the intent of the ordinance allowing plumbing in accessory structures, as long as such use is subject to the standard CUP conditions limiting its use for dwelling or home occupation uses. ' Page 2 of 6 4. 5. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. The City Council finds that the conditions c.xisting on this property arc 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 prcser\e a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council finds that granting a conditional use permit to allow limited plumbing in the accessory structure 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 prop« rties, 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 objective.*, 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 10.28 Subdivision 5B to allow construction of a 996 s.f. detached garage/pool house/storage building, 23.1' from the side street lot line where a 50' side street setback is required; and grants a variance to Section 10.28 Subd. 5(B) to allow the construction of a 20' x 45' (900 s.f) in-ground swimming pool 15 ’ from the side street lot line where a 50' side street setback is normally required; and grants a conditional use permit (CUP) per Section 10.20, Subd. 3Q for plumbing in an accessory building as proposed: but denies a variance to Section 10.03 Subd. 9(C)(2) allow the new' building to be attached to the existing 848 s.f detached garage; subject to the following conditions: I.Tlie applicants shall establish and maintain vear-round vegetative screening along the south boundary of the property to reduce the visual impact of the pool and accessoiy building. Page 3 of 6 2. 3. 4. 5. 6. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. By signing this resolution the property owner agrees to the following conditions with regards to use of the 996 s.f new accessory buiding in which a toilet, sink and shower are herewith allowed to be installed: The accessory building will not be used for a home occupation unless specifically approved by the City or if allowed by City code. b. The accessory building will not be used as a dwelling unless a guest house CUP is obtained. c.The accessory building will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. Authorities granted by this resolution run with the property not with the applicant, but arc permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire or. that date (August 25,2004). 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 hprpin JinH hp piinicVi-iKIp fic o 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. Page 4 of 6 Adopted by the Orono City Council on this 2Sth day of August, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) STATE OF MINNESOTA COUNTY OF HE^^viEPIM 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 instrumetu 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 t!»e oath/afiirmation of ___________________________ a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as hislier/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 ptuved on the basis of whose identity I proved on the oath/affirmation of, a credible witness and w 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 6 % 0 ' k s CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING nLE //03-29I9 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: August 21, 2003 TO: Kevin & Deborah Thompson 90 Myrtlewood Road Wayzata, MN 55391 COPIES: TYPE OF APPLICATION: Variances DATE OF MEETING: August 18, 2003 Planning Commission recommended as follows: 1.Approval of setback variance to allow the new 996 s.f accessory building to be located 23.1' from the side street lot line where a 50* setback is normally required. 2.Denial of an Oversize Accessory Structure variance to allow the attachment of the new 596 s.f builuing to the c.xisting 848 s.f. garage via a 165 s.f. greenhouse which would yield a 2009 s.f accessory structure on a lot of less than 2 acres in area where no oversize accessory structures are normally allowed; finding no hardship that justifies the variance and noting the potential negative visual impacts of the oversize structure. 3.Approval of a variance to allow the proposed 900 s.f pool to be located 15* (rather than the 10' setback proposed) from the side street lot line where a 50' setback would normally be required. 4.Applicant to establish and maintain vear-round vegetative screening along the south boundary to reduce the visual impact of the proposed pool and building. 5.Approval of a conditional use permit to allow plumbing in the new accessory building (toilet, shower and sink) subject to the standard conditions defined in the City code. VOTE: 5 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as; City Council - Monday, August 25, 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 cal! Planning Director Mike Gaffton at 952-249-4600. \ r X I Date Application Received: 6-18-03 Date Application Considered as Complete: 6-18-03 Initial 60-Day Review Period Expires: 8-17-03 60-Day Review Period Extended on 7-30-03 to: 10-16-03 To:Chair Smith and Planning Commissioners Ron Moorsc, City Administrator From: Date: Subject: Mike Gaffron, Planning Director August 12,2003 #03-2919 Kevin & Deborah Thompson, 90 Myrtlewood Road - Variances & CUP - Public Hearing Zoning District: Lot Area: RR-IB Single Family Rural Residential, 2-acre min. 1.729 acres (75,299 s.f.) gross; approx. 1.55 acres (67,000 s.f) net dry Application Summary: This item was tabled at your July meeting to allow the applicant to provide additional detail regarding the application. Applicant requests the following: 1.Setback variance to construct a 996 s.f. detached garage/pool house/storage building, 23.1' from the side street lot line where a 50' side street setback is required. 2.Oversize accessory structure (OAS) variance to allow the new building to be attached to the existing 848 s.f. detached garage via an 11’ x 15 ’ (165 s.f.) greenhouse, for a final accessory' structure s«ze of 2009 s.f.(no accessory building larger than 1000 s.f. is allowed on a lot of n 1 on r%*• * • ^ Setback variance to construct a 20’ x 45* (900 s.f.) swimming pool 10* from the side '‘"ct Ut line where a 50' side street setback is normally required. 4. CUP for plumbing in an accessory building. Staff Recotnmendatinn: Staff recommends: a) Approval of the side street setback variance for the 996 s.f accessory building. b) Denial of the variance to create an oversize accessory structure. c) Denial of the side street setback variance for the pool at 10' from the lot line; a 15* side street setback might be justified, however, based on the size of the pool at 900 s.f, and the lack of impacts on neighbors by a pool at this location. d) Consider whether screening should be required if any or all of the variances are granted. e) Approval of the request for plumbing in an accessory structure, subject to the standard conditions. List of Exhibits A - Revised plans and elevations D - Code Sections 10.03 Subd. 9F and B • Revised site plan with pool location options 10.20 Subd. 3Q. C - Letter from adjoining property owners E - Memo and Exhibits of July 17 T #03-2919 August 12,2003 Page 2 Pertinent Code Sections 1. 10.03 Subd. 9(C)(2) 2. Oversized Accessory Structures are regulated by the following table: Maiimum Allowed Maiimum Individual Total of All Accessory Lot Area Accessory Structure Structure Footprint Areas* 0-1.99 acre 2.00- 3.00 acre 3.01- 3.50 acre etc. Footprint Area 1,000 s.f. 1,200 s.f. 1,400 s.f. etc. on a Property 2,000 s.f. 2,400 s.f. 2,800 s.f. etc. • Excluding non-roofed tennis courts, pools, paddocks, arenas 2.Section 10.28, Subd 5(B); Side yard adjacent to street setback is 50* for principal and accessoiy structures in RR-1 B zone. pnncipai ana 3. 4. Section 10.03 Subd, 9F - Plumbing in Accessory Buildings Section 10.20 Subd. 3Q - CUP for Plumbing in Accessory Building. Background Applicant propose to wnslrucl a 996 s.f. dclached garage 1 1' soulhcaslerly from choir existing 848 S.f. detached garage. The new garage will be located 93 i j.. .f, hvTr V 23.1 feet from the south side lot line 4ich IS by defimtion a side street lot line. It abuts the dedicated right-of-wav of old Hiohvi ^v 19 Wayaala BouIevard_ WTiilc the portion of Wayzata Boulevard immediately adjacent toihe property !9Ws, it is still Me Street Setback Variance. The request for a variance of approximately 27’ to allow a 23* setback IS somewhat supported by the fact that the side street is no longer in use ^d has reverted to^amrai vegetation. The building to be constructed is one sloo’ with gabled roof. The applicants note that ue o opography, wetlands, the location of existing site improvements, and the existing sewage treatment mound, the proposed location is the only area where they car^ a^comiaSefr storageneeds. i^:e^i;e AW8S9IY S^Hure Vprinneg. The Council adopted the Oversize Accessory Structure ™ “ 'h' of individual accessotyTuiS^ «well as on the total square footage of accessoty buildings ^tilh^ o„^^^ mailer than 2 acres, it was concluded that no oversize accessoty structures should be allowed md any structure over 1000 s.f would be considered as oversized. The concern bulk of structures on properties, with »intent to limit the visual density «uj r«ain o^^e #03-2919 August 12,2003 Pages The visual impacts of the combined structure are potentially significant due to the proposed attachment to the existing garage via a 1 S'x 11' greenhouse structure. The at attachment will be offset 5' from either end of the garages, so its visual impact will potentially be reduced by breaking up the length of what would otherwise be 70' long rear southwest-facing facade, which will be visible to anyone entering Orono on Highway 12. The City has a 10' building-to-building separation requirement not only to address fire safety issues but to aid in the goal of limiting visual density and building massing. Staff fincb that the need for a second building for storage is not unreasonable, and the potential locations for such structure are limited because this is a wooded comer lot with hills and wetlands to contend with. The two accessory buildings plus the greenhouse structure attaching them will total 2009 s.f The property is allowed up to 2000 s.f. of accessory structures in total, but no individual accessory structure over 1000 s.f Connecting them with the proposed greenhouse structure would not strictly be in keeping with the intent of the OAS ordinance, and would potentially have the negati\ c impacts that the ordinance intends to avoid. Pool Setback Variance. The proposed pool in either cf the two configurations provided is about 900 s.f of surface area, requiring a minimum setback of IS* from a side or rear lot line, but required to meet a 50' setback from a side street lot line and 10' from other buildings. The pool will be in- grour.d, -.vhich will have limited visual impazts that could be reduced by privacy fencing or vegetal ive screening depending on how much of a pool surround is proposed within the 1 O' requested retb?"*' !t chculd al:z be noted that the r..:ghborhccd nci.»e impacts a::c:ir.!cd v. ith the poo! are minimal at this location far from any nei^bors. It is unknown how MnDOT may use the adjoining right-of-way during the Highway 12 construction over the next 4 years, but that may impact how close applicants want to be to the right-of-way. Staff feels a minimum of IS' setback should be required for the pool. rUP for Plumbing in Accessory Structure. The proposed garage will include a toilet/sink/shower, and therefore requires a conditional use permit. Plaiming Commission should ascertain that the apparent multi-purpose functions of this building do not include use as a guest house. If that is the case, approval for a CUP for plumbing in an accessory structure would be appropriate if these findings can be made: 1.That the proposed use of the accessory stnicture with plumbing will not be detrimental to the residential character of the neighborhood. 2.That the plumbing fixtures proposed are in keeping with the intended use of the accessory building. The property is 2.0 acres in area or larger (it is not; it less than 2 acres in area). % » 4.The accessory building is conforming in location, size and height (it w on't be - variances are requested). . . 1 r i %. #03-2919 August 12,2003 Page 4 5.The property owner enter lo <)-e filing of a covenant in the title of the pioperty providing that: a. b. the accessory building will not be used as a dwelling unless a guest house CUP is obtained; and -------------wan iiwa nc: ■miir'fi r\va«AMa*«M^ __i .sethe accessory building will not be rented, leased or otherwise provided for u< as a dwelling under any circumstances. REVISED LOT ANALYSIS WORKSHEET Lot AreaAVtdth; RR-IB Let Area 9 Lot Width Required 87,120 s.f. (2.0 acres)251* Actual 75,299 s.f. gross (1,73 acre)200' 67,00 u3 s.f. net dty (1.55 ac) rarace; RR-IB Front (East) Rear (West) Left Side Street (Wayz. Blvd) Right Side Required 50' 15' (750-1000 s.f.) 50' (if attached to create an OAS) 50' 10' (30' if attached as a.i OAS) Setbacks to Prooosed Pool a . p Front (East)50*115' Rear (West)15'130' Left Side Street (Wayz. Blvd.)50'10* Total Lot Area Total Structural Coverage 67,000 s.f. (1.55 ac.)Allowed: 10.050 i.f. (15%) Proposed: 4,300 s.f. (6.4%) «03-2919 August 12,2003 Pages Hardship Statement & Analysis Applicants have provided a letter of request including a hardship statement in Exhibit B of the July 17 memo, and should be asked for their additional testimony regarding the application. Sec the July 17 memo to review the hardship analysis. Issues for Consideration 1. How will the proposed structure be used? Is there any intent to use it for a home occupation or other commercial uses? 2.If the setback variance is granted, but the ability to attach the two structures with a greenhouse type building is denied, will the close proximity of the two struenves (IT apart) have the same visual impacts as if they were attached? Docs the offset of the grcerJiousc adequately address the potential visual impacts of the west facade? 3. 4. In either case, should the building be screened from view from Highway 12? What hardships support the location of the pool 10 ’ from the lot line? What could be done to mitigate any negative impacts of the pool location? 5.How does the substandard lot area affect your position on the plumbing in accessory building CUP? The code requires that buildings receiving such a CUP be conforming in size and location... 6. Does Planning Comniission have any other issues or concerns with this application? Staff Recommendation Staff recommends; a) Approval of the side street setback variance fot the 996 s.f g.aragc, based on the need for more storage and the limitations for other suitable locations imposed by the lot size, required setbacks, sewage system location, wetlands and topography. b) Denial of the variance to create an ovc. Ize accessory structure, finding that approval would be in conflict with the intent of the OAS ordinance. c) Denial of the pool setback at 10', but approval for a setback of 15'. Planning Commission should determine whether any vegetative screening or fencing should be required to mitigate the visual impacts of allowing the accessory building and/or the pool in a location nearer the side street lot line than would normally be allowed. d) Approval of the plumbing in accessory building CUP subject to the standard cbnditions. I ’mmm • ‘ f , rWf j ‘V;^ ? • I -# mmM -V^'ry 4 /> i* ■ 't L^f ^ * •* * ■ Si’*: V-,|U.» .•< ‘Ivv, ;’ .:.- :^' .Vvi/viij <%*'% -• • m* * B! ^g^j^g^jgggj^tv ■■ >,; 4U > •>’' > ‘ t •.#’ hiVP iteMi i •» .- *• .:. y . i *. 7; •; .- * •'. ' pmmhi S4*s;iife.5 .••■’: Ji'lil. • • .r>^ 1 / .1* . ■ ■ *‘ if * SousH< '. .V- ‘ trt fvi V» >WJy alii.1 1> <'i ] r> .0 « * ^. il% •■* ^ • * * -» . » .r«*% 7-:^; -'? ^••^t>P^u' f . //;>'>"7?-......;, /—y / • * • > !■ f. ?••■/• f—’ :*llrv. / • * ^ • • > •‘ii > • » ••* -N1^ r / V' \>'.••> . :-V. \ j-y-^- ■ >v- ® y^f ^ ** ^ “ iJT r>Co. . ^ \Pat & Karen Proft 60 Myfitowood Ro«d Oroho. UH 05301 Phon«: (962) 440^)075 July 15.2003 City of Orono Planning & Zoning 2750 Kelley Parkway Orono. MN 55391 RE: Proposed Variance at 90 Myrtlewood Road for Garage/Poolhouse/Pool To Whom It May Concern: We have reviewed the proposed changes and feel the location & building style submitted to the city Is the best for all interested parties. Any other location may alter the p>rivacy and aesthetics we have come to enjpy from oaf>property. Sinceraly, Pat & Karen Proft 't ^ ...... C-2 Adjacent Property Owners' Acknowledgement Form I (we) Kouir<f\. T^c-f’4‘ [print name(s)] Co/70 /yU4r+^tuJa^^<C [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at Kh^rU^ujootS 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 properly or use but merely to confirm for the City Council that 1 (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Date ProbertyTjwner V/ f/t» Date I (we) [print name(s)][print address] have reviewed the plans for the proposed improvement or proposed use of the property located at referred to as Land Use .^.pplicaticr. Nc. 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 1 (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 da>’s prior to the scheduled meeting date. 8 JluiMfeitii I to.on, §pa<si yp ^ § 10.03 ^ 2. Variance From Lakeshore Setback. Any application for a variance / from the requirements of Item 1 above shall be referred to the Minnehaha Creek Watershed District / for its approval before final action by the Council. p L Source: Ordinance No. 155 \/\ ' ^ Effective Date: 2-14-74 C\A E. Setbacks. Accessory structures in excess of 750 square feet footprint area but not e.xceeding 1,000 square feet footprint area shall be located at least 15 feet from any lot line. Source: Ordinance 72,2nd Series Adopted: 8-14-89 F. Plumbing. Because the provision of plumbing fixtures and w astewater plumbing in accessory buildings has the potential to allow such buildings to be used as dwelling units, and because it is the policy of the City to limit residential development density to the allowed densities witltia the respective zoning districts, plumbing in accessory buildings shall be regulated as follows: 1. The provision of outside sillcocks and indoor water supply shall be allowed in any' accessory building that is conforming in location, size and height. 2. Installation of any combination of frxturcc requiring wastewater plumbing that does not include a toilet, shower or bathtub shall be allowed in any accessory building that is conforming it. location, size and height with, subject to provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from such flxtures, and subject to the property owner executing a covenant providing that: a. Accessory building will not be used for a home occupation unless specifically approved by City or if allow ed by City code. # b. Accessory building will not be used as a dwelling unless a guest house CUP is obtained. c. Accessory building will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. 3. Installation of any combination of fixtures requiring wastewater plumbing that includes a toilet, shower or bathtub shall be allowed only in an accessory building that is conforming in location, size and height, which meets one of the following criteria: a. The accessory building has been approved for a 'Guest House' conditional use permit; or b. The accessory building has been approved for a 'Plumbing in Accessory Building* conditional use permit. Source: Ordinance No. 179,2nd Scries Adopted: 10-12-98 • • ORONO CC 255-2 (4-1-84) /Ot zo # 3 ^ § 10.20 M. Antenna Stnietufc. One independem antenna stnietufc with antcMft w combination of antenna attoched thereto^ subordinate to and 3cr\*icing the principfll use or stmciure on Ac 3^c lot and cuatomanly incidental therete that ts net attaehedi to another atfuetitfc the height of the antenna Jtructufe docs not exceed 6S feet and the anterma stmeture ij set back-ftom any let line a dtstenee at leaM equal to the-tetal height ef the Jaiictmtr^L-^tehifer Seiifcc! Ordinance Ne. 177 fiffeettve Date; 6-S-75 Source: Deleted via Ordinance 161,2nd Scries Effective Date: 5-27-97 _ Q* Plumbing in Accessory Building. The provision of a toilet, bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from the building plumbing. Approval shall be granted only when the following criteria are met: . ' !• The Council flnds that the proposed use of the accessory structure \ with plumbing will not be detrimental to the residential character of the neighborhood. Council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. 3. The property is 2.0 acres in area or larger. 4. The accessory building is conforming in location, size and height. property owner agrees to the filing of a co. cnant i.-. the title of the property providing that: a. the accessory building will not be used for a home occupation unless specifically approved by City or if allowed by City code. 1 b. the accessory building will not be used as a dwelling unless a guest house CUP is obtained. c. the accessory building will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. Source: Ordinance No. 179,2nd Series Adopted: 10-12-98 / ORONO CC 280-3 V (4-1-84) f. . \ . CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE #03-2919 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE; July 30, 2003 TO:Kevin & Deborah Thompson 90 Myrtlewood Road Wayzata, MN 55391 COPIES: TYPE OF APPLICATION: Variances DATE OF MEETING: July 21, 2003 Planning Commission recommended as follows: Tabled to allow applicant to meet with staff to review plans in detail, provide dimensions for the greenhouse addition and pool if that is to be part of the mix, and bring back to Planning Commission a revised plan that eliminates the need for an oversize accessory structure, since such a variance appears unlikely. /OTE: 7 FOR 0 AGAINST Please contact Mike Gaffron at 952-249-4600 to set up a time to meet to discuss your application. Applicant's next scheduled meeting is confirmed as: Planning Commission - Monday, August IG, 2003; meeting starts at 6:00 p.m. 60-Day Review Period Extension. State law provides that Cities shall make decisions on zoning requests within 60 days from the date of application, and that this review period may be e.xtended by notification to the applicant. Your application (absent the pool element) was deemed as complete on June 18, 2003 and the 60-day review period would end on August 17, 2003. However, because your application was tabled by the Planning Commission to the August 18, 2003 meeting, the earliest potential date of final Council action falls after the 60- day period ends. Therefore, the 60-day review period is hereby extended an additional 60 days to October 16, 2003. 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 liiill L Dale Application Received: 6-18-03 Date Application Considered as Complete: 6-18-03 60-Day Review Period Expires: 8-17-03 To;Chair Smith and Planning Commissioners Ron Moorse, City Administrator From: Date: Subject: Mike Gafhon, Planning Director July 17,2003 #03-2919 Kevin & Deborah Thompson, 90 Myrtlewood Road - Variances - Public Hearing Zoning District: Lot Area: RR-IB Single Family Rural Residential, 2-acre min. 1.729 acres (75,299 s.f.) gross; approx. 1.55 acres (67,000 s.f) net dry Application Summary: Applicant requests a side street setback variance to construct a 996 s.f. detached garage. A second variance is requested to allow the new garage to be attached to an existing 848 s.f. detached garage via a 11’ x _(?)_’ greenhouse (dimension undetermined). The variances include: 1. Side street setback of 23.1' where a 50' side street setback is required. 2. Oversize accessory structure variance (no accessory building larger than 1000 s.f. is allowed on a lot of 0-1.99 acres in area). (Note: Applicants had indicated they also want to add a pool requiring a side street setback variance, but have not provided the requested location/size detail for that pool, so the pool request is not under consid<:ration as part of this application) Staff Recommendation: Staff recommends: a) Approval of the side street setback variance for the 996 s.f garage. b) Denial of the variance to create an oversize accessory structure. c) Consider whether screening should be required. List of Exhibits A - Application B • Letter of Request/Hardship Statement C - Survey/Site Plan D - Proposed Plans Sc. Elevations E - Property Owners List F - Plat mao * G - Topography map H - Photo Pertinent Code Sections 1. 10.03 Subd. 9(C)(2) “2. Oversized Accessory Structures are regulated by the following table: Maximum Allowed Maximum Individual Total of All Accessory Lot Area Accessory Structure Structure Footprint Areas* Footprint .Area 0-1.99 acre 2.00- 3.00 acre 3.01- 3.50 acre etc. on a Property 1,000 S.f. 1,200 s.f. 1,400 s.f. etc. 2,000 s.f. 2.400 S.C 2,800 s.f. etc. . . * Excluding non-roofed tennis courts, pools, paddocks, arenas k . #03-2919 July 17,2003 Page 2 2. accessory slructuresln^^^^^^ setback is 50 ’ for principal and Background s.f detached garage. The nw gar!l^e tnfbe V ’ southeasterly from their existing 848 IS by definition a side street lot line It abut« a lot line whichoiicci loi jine. Jt abuts the • i.. ^----- which . 3ouIcvard. WhilelhepoitionofWawaiaB^ ^"*^''®'^'*'”^Highway 12 or has not been used for road pu^oses sincrral,® “ .■*h..f-wayand ntusl^he Side Street 5^etback Vf The request f is somewhat supported by the fact that the side^r^f^" 27' to allow a 23' setback vegetation. The building to be ~eV.wC with^^^^^^^^ ~ due to topography, wetlands, the location of existinr^il ? * “PPlicsnts note that tr^ment mound, the proposed location is the only ^ea wheTr'”'"'*' ''"'age '« uccommodate their storage The visual impacts of the combined stmci allactaent to the existing garage, resulting in a signiHcant due to the proposed s^niroi''" ' •“ Highway 12 Se r>'I "W'l'separation requirement not only to address fire safeio^.. ^ ’’“'•'i‘”g-lo-buildine density and building massing. ^ in the goal of limiting visual Staff finds that the need for a seconH k.mM- r locations for such structure are limited becaisf thTs ifl wo H T '"d the potential to contend with. The rtvo accessoiy buildings tota M4 7 of acccssoiy structures in total, but no individual arc.. ^^'P™P'"y « allowed up to 2000 s f wnl.^U.a(87,0,,27,g,eeid.ouse-7;ie1t^^^^^^^^^ ASordmance.andwouldpotentiallyhavethenegativeimpac‘::!’hTth7:X^^^^^^^^^ #03-2919 July 17,2003 Pages LOT ANALYSIS WORKSHEET Lot AreaAVidth; RR-IB Lot Area Lot Width Required 87,120 s.f. (2.0 acres)251* Actual 75,299 s.f. gross (1.73 acre) 67,000± s.f net dry (1.55 ac) 200' Setbacks to Proposed Garage: RR-IB Front (East) Rear (West) Left Side Street (Wayz. Blvd) Right Side Required 50' 15* (750-1000 s.f.) 50* 10' Proposed 160’ 107' 23.r 174' Structural Coverage; Hardship Statement Applicants have provided a letter of request including a hardship statement in Exhibit B, and should be asked for their additional testimony regarding the application. Hardship Analysis Total Lot Area Total Structural Coverage 67,000 s.f (1.55 ac.)Allowed: 10,050 s.f (15%) Proposed: 4,300 s.f (6.4 %) Jn considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property In the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in Instances where their strict enforcement would cause undue hardship because of circumstances unique to the Individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. laaaai #03-2919 July 17,2003 Page 4 peitinem to lh!fapXI«or'"* """""'"'‘"“"s ■" regards lo the criteria for "undue hardship" I. 2. 3. ne property ,r hcief p,„ the landowner"'''circumstances unique to his property not created by corner hcmon^hich require f '“'"'i” character of the locality." ructure can be adequately screened from view! depending on whether said 4. 5.“Undue hardship also includes, but is not limitpfi tn • ,i soto enersy systems. Variances shall be Luted for ea^^T',' f»' inMinnesola Starutes, Section 1 16J.06, S^bd 2^ ha' « defined Na • oa- 'Vhen in harmony with this Chapter.'* 6. thaUs not permiSL under t^s^Ch^tS « '’^‘^nce any jse land IS located.” ^ *" ‘he zone where the affected person’s 7. “ ® *"'^family dwclling.^^***""“ ** ® variance the temporary use of a one-family dwelling 8. 9. property or immediately are peculiar to such »€Pr one of the moin Highway omronco, L XtZ ‘ land is located.” "°‘ *^'’'''*'"'™lly to other land or structures in the district in which said '■r Similarly Situated lots in the • • .% . «03-2919 July 17,2003 Pages 10.“The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Granting of the variances is not necessary to allow the applicant continued residential use of the property. 11.“The granting of the proposed variance will not in any way impair health, safely, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code.” Granting of the OAS variance potentially will have visual impacts that the code u'flj intended to avoid. 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.” The setback variance may be supported by hardships; however, staff does not believe the OAS variance is supported by a hardship. Issues for Consideration 1. How will the proposed structure be used? Is there any intent to use it for a home occupation or other commercial uses? 2.If the setback variance is granted, but the ability to attach the two structures with a greenhouse type building is denied, will the close proximity of the two structures (11' apart) have the same visual impacts as if they were attached? 3. 4. In either case, should the building be screened from view from Highway 12? Does Planning Commission have any other issues or concerns with this application? Staff Recommendation Staff recommends: a) Approval of the side street setback variance for the 996 s.f garage, based on the need for more storage and the limitations for other suitable locations imposed by the lot size, rcc^uired setbacks, sewage system location, wetlands and topography. b) Denial of the variance to create an oversize accessory structure, finding that approval would be in conflict with the intent of the OAS ordinance. c) Plarming Commission should determine whether any’ «getative screening should be required to mitigate the visual impacts of allowing the structure in a location nearer the side street lot line than would normally be allowed. • • % . •t A I CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S250.00 (S50.00 per each additional variance) Renewal Variance Fee S150.00 (no change from original application) Variance for non-conforming structures $250.00 • Afler-the-Fact Fees (Double application fee) Application ’# O ^ -3l IQ Date Received ^ -1R- O ^ Amount Paid PROPERTY INFOR^TION Site Address fO /vCr. Property Identification Number (P.I.D.) /Lor 1. SJc&J< / . /y\<^rH€LLic^:J)* -------------------------------------------------------------------- -------------,_______t f , Attach legal description to application if not included on required survey. Date Property Acquired ______/97^ 1 (do) (do not) also own the adjacent*^parcels of land. Xmonth/year) Present use of property: residential Zoning District: other (specify) APPLICANT Phone (home) (95'^')7*AS''OI(aC Name f '~ThOY>^SSY^ Phone (work)~^^.jt) -.53^o Address: QO /Ki^viIcuiooei.. City: C)^r\a _________Zip:__^235_^_ OWNER (if different than applicant) Name __ _______________ Address:City:, Phone (home). Phone (work)_ Zip:. DESCRIPTION OF REQUEST Estimated Construction Cost S Describe request in detail: /pcitTTAanMr /^oo f • \ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area ___Lot Width ')( Setback:Front V Side Hardcover Rear Lot Coverage Average Lakeshore 'Srh/uc.-h^, e. cjooc. ^ -f-h HARDSIIIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compli.*..nce with Zoning Code requirements:_____________________________________ (attach additional sheets if necessary) ■ '*, JJL fe h t. J#2.^ S' * required Sli®Mixxy^^g - • • >■ 2. 4. 7. 8. calculations as required ^ licensed surveyor) and * i - ^J/A 7™“*“'!“"- ‘°"' P™'"'"' ®« (0 copy 8!/“"'x'’Yf.?°!:" UP Topographic survey (exisfinp /i_JL_lLj°^ ^ stSTpia!:: * ”^'trr iwf rfc 5. _ 6. ^ * '“‘1/ Sian. ^PLICAhTS SIGNATURE ----- The applicant hereby agrees ^ . -PP..cd .3 ,™. and CO.O. ,o ,h. -<> Applicant’s Signature ^Thr, _________Date OWNER’S SIGNATURE ------------------------- cmo- onto it"p™pe!^°*c1'y 7 «nd furthor aoth ' mcn.be. foe p„.po«3 of m-..>.io„-a„d"::Siorflfer “ Owner’s Signature ~7),.., Applicant must have all submifi i • *** —Zu^h-s^ «&,. s ■£ s-:r change prior to «.. St^;""’’ ’" “<■ >» "f f • • ^ • •• ; m y{ • • 1 \Kevin *niompsdlrl E ■ • •• • 80 MyiKrwood Read Orano. MN 6S38I nien*:(0S2)74»«t0S Pax <852) 476^7 June 5.2003 Cit/ofOrono Planning & Zoning 2750 Kell^ Parkway Orono. MN 55356 RE’ Garage/Poolhouse/Pool Variance Request Dear Sir or Madam: We respectfully request a variance for tl» atx>ve Rems which we would like to include on our property. There are rw o^r good locations to build without a hardship to either ourselves or the people around us. Currently, the new mound system is Icated southwest of the existing garage. West of the existing ^TOnHy used for parking our extra belongings and would need to park these Rems out In ftont ol me existing garage where it will be seen by everyone. We think one 2000 sq ft accessory building would look better than two 1000 sq. fL buildirKis and would give us a better location for a pool Sincerely, Kevin Thompson .. • ■ * f . . 4 . ^ i I iiSmiml <■ r If ".f- i- c.-'i CERTFICATE OF SURVEY FOR KEVIN L. THOMPSON / OF LOT 7. BLOCK 1. MYRTLEWOOD HENNEPIN COUNTY, MINNESOTA 8 r/ -- -7^.If' '■1 uy^a LCCAL CCSCWIPTION Cf PWCviiSCS : Ut 7. Btecli 1. VY^TLOCCO e : dctoltt iron morktr e«orin(t shown or# bottd upon on ottwmtd dotvm. This su^vtv inttndi to sho« th< bowndoritt of tnt obovt tftscribsd proporty, tht loeotio*^ of on tcislln^ houtt ond 90^090. end the prepottd loeotion «f o proposed 9orc;t thereon. It does not purport to snow cn/ other Inprovomnts or onerooehmentt i ‘ J GRONBERG t ASSOCUTESIDIC MOCCOCBIbUlO 44S K bUGO Od. IM UK. m MIM 9St-471-et41 bor MIU tv K OMSOpor bov • m e iukv uoiop Msroo SeiMSOMMO 1 \ •e . V w ■:r:. •A .(•.'•‘•.;.i( v; j-Jk ^.:^r ' V t:.HV-:;,- ,:? ;■ ;;; m:m \:- ■ J •■ :• U'V (■■’■■■ r- !*■> » ■' V,i ... f>'. ■':>" ;V . v;-.Si>;;’: r.-\ . - •. ^v.; V ,:i ... / V:V • • ‘ '?r, ’;-^ u ■; l'c\j .f- ■ '•; . • /•■ 'r' K:’* %');--:V'r .1V'^':.!‘.v-’.-“-' ;<‘jr'''V -« iii = ■■5w?5s»>5- a ^ ^ : : T. rvjcvo ■;••;.«'r> I....;] \i r# (• . J* • ’ • r-'-^ "A:'«i :• •- •✓ !*. % • % r ^i* • . • r ~ir~9’ tri y ;>.Mi i'// I .% ■b-L/ •"'ivii i :.’i 35' IaJciT -.--"7 • • •» vi y/• « . » * '.-a >' I • £fis1 /\)osHs i. ■y0: ■.:■ ■ w ’ . *■'•; • }z ■'• .'i ••■; * .‘b. •, r ■ N: -w ‘ .* ? - '•/*' ' ‘.I 4V;* .••V • * • . •• .♦ A # - . ... -•* * «* • m J‘i I^-L 3^' I Prfcl'. ji^io H>. /)spUjt cP'O'oc^ Urvj^\ S»A\V^. Pi\^(^'\ ir*?f*CV7 i- 5-X^ \\(po^rK>,. /4"* OC. /Q. X } O'* lV']V\ /b. •'••4 ••. • / T • * •• . c * w 4*' %. ••f "■>* :^. • • . * 1 -' • 1 I -/ dcn Glass V'ictorian Greenhouses and greenhouse kits Page I e t Hobby Greenhouse Kits from the American Greenhouse Kit Company ..rrSB .\..v r:C2 r Ltir^52? Grt^nho-co Ks' l'i2-rl3i:tor r . - »• :Uf!ooa^Manor It P-y-r, “'T'J!>i,: m i ‘ ’■■ ■ .■ i .S/i. 10. .tf J*.i:at.ons • •. mf tKtr.'vU m 1*.•w • • Erk Parisi, st-:d with permission rpimy u*-r^>.m r>-v v> j 2r..rr? • Free Shipping (including Alaska and Canada charges apply In Hawaii) ♦ North America's only Lifetime Warranty • Free Solar Powered Vent Openers • Free Base YouVe dreamed of it before, and now you can nave it. Imagine having your very ov/n free standing glass greenhouse in your very own backyard! Enjoy your hobby year round, whether it be starting plants from seed, growing t.'-opicals annuals, perennials, fruits and vegetables. The greenhouse creates a v/arm, friendly and quiet escape for you to enjoy gardening to the fullest no matter what the climate is outside. » » »> »> Easy to assemble Constructed of aluminum and 3mm tempered glass - exceptional quality Greenhouse accesso.-ies available Solar powered roof vents Mill Finish or White Enamel Extremely affordable Shipped anywhere in North America ConstruQlion Phptos .tav^. *<. • - • \ . > • •• • ••I • :"\v\N\\.mociihousekit.com.^eardenph.htiT> ■w| Jj -t. - : Contact^ K-” P.v:.:: ? R. Harrington ME More Photos ^ ^ 9 w ••• • • My greenhouse is fantastic! My whole experience from getting initial information from you all. to the ordering, to delivery was great! I had absolutely no problems. Thank you! The putting together of the greenhouse was a little more challenging than I thought it would be but it also was completed v/i*hout too much hair being pulled out. I needed to put some insulation at the base but I have been able to keep the temperature between 50-80 degrees with the use of a small space heater. We have had a lot of snow and some pretty cold temperatures. I haven't had any problems since receiving my greenhouse so I can't tell you how it is to deal with your / '$;'- •»**:‘ L .• liii ‘I •■.■■• il fc:'as,v-^'$* .ai*iri..-,r:.%'i-^ ■‘ • r'.. .^‘:v,:> 30 a I ■ t : \ *• ’■’ ■ • • ’■•C‘?3nE3[ J Vp It M A«‘S l/0\hfr Prtopoifc^ /4fTT/<klt(t*^{iArr > Vw i.5^ I M.. ► .u t- >x-f- KUNUAlk.l 31 3511823440004 PROP ADDR 850 WAYZATA BLVD W OWNERNAMG CONERSTONENEWTnSTAMnNTCH TAXPAYER CONERSTONB NEW TESTAMENT ClI NAME/ADDR 16905 I9HIAVEN PLYMOUTH MN 55447 38 3611823330013 PROP ADDR 15 MYRTLEWOODRO OWNER NAME DARREL THIEL TAXPAYER DARREL T HIEL NAME/ADDR 15 MYRTLEWOOD RD WAYZATA MN 55391 38 3611833330017 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME H T JOHNSON JR ETAL TAXPAYER HT JOHNSON INC NAME/ADDR 11313 WPAKKRIDGE DR MINNETONKA MN 5S305 .................... . - r- • •• ■ / cot;.". V PROP PROI’ERTYON ltll•OUMAliON SYSlCM »SLisr 99 3511823440008 PROP ADD l 500 WAYZATA BLVD W OWNER NAME CITY OF WAYZATA taxpayer CITY of WAYZATA NAME/ADDR 510 WAYZATA BLVD W WAYZATA MN 55391 38 3611823330012 PROP ADDR 90 MYRTLEWOODRO OWNER NAME KEVIN L THOMPSON TAXPAYER KEVIN L THOMPSON NAME/ADDR 90 MYRTLEWOOD RD WAYZATA MN 55391 38 3611823330014 PROP ADDR 25 MYRTLEWOOD RD OWNERNAME SCOTT R A SARAH RLUSB TAXPAYER SCOTPRASARAHRLUSB NAME/ADDR 25 MYRTLEWOOD RD WAYZATA MN 55391 38 3611823330016 PROP ADDR 38 ADDRESS UNASSK jNGD OWNERNAME HENNEPIN FORFEITED LAND TAXPAYER CITY OF ORONO NAME/ADDR P 000X66 CRYSTAL BAY MN 55323 38 3611823330018 PROP ADDR 70 MYRTLEWOOD RD OWNFRNAME PWPROFTAKJPROFT TAXPAYER PATRICK W A KAREN JPROFT NAME/ADDR 60 MYRTLEWOOD RD WAYZATA MN 55391 38 3611823330020 PROP ADDR 60 MYRTLEWOOD RD OWNERNAME PWPROFTSRAKJPROFT TAXPAYER KAREN A PATRICK PROFT SR NAME/ADDR 60 MYRTLEWOOD RD WAYZATA MN 55391 I CERTIFY THATTHE F/ CTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OFTHE HEhNEPIN COUNTY TAXPAYER SERVICES DEPARTMENT, TO THE BEST OF MY KNOWLEDGE AND BEUEP. , . _ ------^ date BY ■ A L PAG1-: I '-4 O O f.'f 1 Parcel Information % fe Q Parcel ID 3611823330012 • VA, • House Number 90 • * '•. ^ •# .• - Street Name MYRTLEWOOD RD This Is not • Isgslly ncorM msp. It nprsssnts s conation otlnfofms6ori^ '/ snddstsfmm City, County. sndStstsmsdsuthorilisssndodwrsourcss.'•*- *4' / I Mmmm 1 II 1 •.«f!f 1 ■!^-j w • !Si^ - • ■ ’y; I A -. -V .-• .-• •'v5'V:'. • ’" /In ^ ^>n ' »^jJ' 'ioNH* \ ' r C Niis“ V» , ‘vr#'' ■.;,V' * , » • ' 5:;^iLl i * V' v‘>!kJ^^ 5^.m^.. »■ • ^ SPiJ^’TV, > .-•'. ,lfci .: ,il> !ii^ T* * 'V -* r : ismL i :fl\K52«‘---> vv> »•/. •■ •r;v - • :rj 3T.^ t/dlu.7v:^|iWir /.rtr'f). a/2^%5B<8STi%!53^S*x ^ ViK>. iT 'f- 'v • -SiS^'V ^ ir ':'■') '■1'i-l 1 %- L J fr V V •'• '-rv^ ? I '* 1 —J .. ■ ■ Z r3f»- -?z ::4 '. •■V-| ■■■^.4 // * o' •. ^ ■••. • • v'i V 4 W*: V •■->-»-« Vi... . I' ;,. •.'■■ ■ :'--rjjWSWg; , ;»“^ 4 J t-.'...V-. a^.. .r ..{ i f 0^0 I CITY of ORONO Municipal Offices Stmt Mdrus: 2750 Killv Patimay Orono, MN SS356 Mailing Addraw; P.O. Box 66 CiysUI Bay. MN 55323-0066 REQUEST FOR FURTHER INFORMATION June 26,2003 Kevin & Deborah Thompson 90 Myrtlewood Road Wayzata, MN 55391 SUBJECT: Zoning Application #03-2919 ourThv ^ity of Orono is required to notify you within ten (10) business days as to the status of voui application for a vanance for property located at 90 Myrtlewood Road. Below is a list of items the City of Orono is requestmg to complete our review: o Please provide an accurate, to-scale depiction on the survey of the proposed pool location and design, including any proposed pool decks or otlij r features. The information provided is insufficient for review of the pool element of your application. '' ourApplication #03 -2919 is partially incomplete. If you wish to proceed with the pool aspect of you. application please submit the items requested above by Wednesday, July 9,2003 to have the pool Sincerely, Michael P. Gaffron Planning Director Telephone (952) 249-4600 • Fax (952) 249-4616 www.cLoronojnii.us *0 • • J » Dale Application Received: 6-18^3 Date Application Considered as Complete: 7-9-03 60-Day Review Period Expires: 9-7-03 AUG 2 5 2005 CIlvvjrwnUNO REQUEST FOR COUNCIL ACTION Date: August 22,2003 Item No.: ^ Department Approval: Name: Janice Waataja Title: City Planner Administrator Approval:Agenda Section: Zoning Item Description: #03-2922, Imaginality on behalf of Mike Cashman, 1655/1685 Fox Street - Variances - Resolution Zoning District: Lot Area: RR - IB, One Family Rural Residential District (2 acre minimum) 1655 Fox Street; 12.153 acres (529,379 s.f.) 1685 Fox Street: 10.1 acres (439,957 s.f.) List of Exhibits A - Resolution per Planning Commission Recommendation B - PC Action Notice 8-20-03 C ” PC Memo uiiu ‘•xhibiis of 8-13-03 Application Summary: Applicant requests the following variances to allow placement of address monuments: 1 . A wetland setback variance to allow a wetland setback of 5' on the cast side of the private drive when a 26’ setback is normally required. 2. A wetland setback variance to all v a wetland setback of 12 ’ on the west side of the private drive when a 26’ setback is normally required. Planning Commission Recommendation Approval consistent with staff ’s recommendation. Staff recommended: 1 . Approval of the wetland setback variances due to inherent hardships which consist of existing vegetation and wetlands at the driveway entrance which make is practically difficult to solve the driveway identification problem. Staff Recommendation Appro\ al per the attached Resolution. COUNCIL ACTION REQUESTED Adopt the attached Resolution granting wetland setback variances for 1655/1685 Fox Street. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.55 SUBDIVISION 8 FILE NO. 03-2922 WHEREAS, MichucI W. and Jennifer L. Cashman (husband & wife) and Richard J. and Joan L. Migliori (husband & wife), (hereinafter “the applicants ”) are the owners of the property located at 1685 and 1655 Fox Street, respectively within the City of Orono (hereinafter the “City ”) and legally described as follows, respectively; Lot 2, Block 1, Hanser Addition, Hennepin County, Minnesota Lot 3, Block 1, Hanser Addition, Hennepin County. Minnesota (hereinafter the “property ”); and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 10.55 Subdivision 8 to allow the placement of address monuments within the 26 ’ wetland setback where no structure is nonnally allowed. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #03-2922. 2. The property is located in the RR - IB zoning district which requires a minimum lot size of 2 acres. The lot areas of the affected properties are conforming. 3. The Planning Commission reviewed this application at a public hearing held on July 21 and August 18, 2003 and recommended approval of the wetland setback variances based on the following findings: a. The residence structures on the properties are set back from the road substantially and served by a private drive. Page 1 of 5 4. 5. b. Wetlands and vegetation exist at the entrance to the private drive causing sight visibility problems, and the need to demarcate the driveway. c. The existing private driveway runs through the wetland setback making is impossible to place any type of address marker at the drive entrance that wouldn’t be located within the wetland setback. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. The City Council finds that the conditions existing on these properties are peculiar to them and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely .serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants wetland setback variances to Orono Municipal Zoning Code Section 10.55 Subdivision 8 to allow placement of address monuments within the required 26' setback, subject to the following conditions; 1.Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building Page 2 of S L_ permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (August 25,2004). 3.Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4.The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicant’s heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 25*'* day of August, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Michael W. Cashman (Property owners of 1685 Fox Street) Jennifer L. Cash« • « « Richard J. Migliori (Property owners of 1655 Fox Street) Joan L. Migliori Page 3 of 5 ■ ■■ i 1 STATE OF MINNESOTA COUNTY OF HENNEPIN I 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 4 of S f STATE OF MINNESOTA COUNTY OF HENNEPIN On this _day of appeared before me, , 2003,personally who is personally known to me whose identity 1 proved on the basis of whose identity I proved on the oath/aflfirmation 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 appeared before me. , 2003,personally who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath^afTirmation of a credible witness 5 I and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/lheir free act and deed. Notary Public Page S of 5 I PROPOSED ENTRY MONUMENT DETAIL FOR JOAN L. MIGLIORI IN OUTLOT A, HANSER ADDITION HENNEPIN COUNTY. MINNESOTA FOX STREET UCATtPli Of * Dclir^^e^ r CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE: #03-2922 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: August 21,2003 TO:Imaginality Myma S. Orensten 6182 Olson Memorial Hwy Minneapolis, MN 55422 COPIES:Mike Cashman 1685 Fox Street Orono, MN 55391 TYPE OF APPLICATION: Wetland Setback Variances DATE OF MEETING: August 18,2003 Planning Commission recommended as follows: Approval consistent with staffs recommendation. VOTE:FOR AGAINST Applicant ’s next scheduled meeting is confirmed as: City Council - Monday, August 25,2003; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission or Council minutes, they are available from the City Recorder after review and approval by the Planning Commission or Council. If you have questions, please call City Planner Janice Waataia at 952-249-4623. f • • k I #03-2922 August 18i 2003 Page 1 of3 DaU Application Received: 6-18-03 Date Application Considered as Complete: 7-9-03 60-Day Review Period Expires: 9-7-03 To:Chair Smith and Planning Commission Members Ron Moorse, City Administrator From: Date: Subject: Janice Waataja, City Planner August 13,2003 03-2922, Imaginality on behalf of Mike Cashman, 1655/1685 Fox Street, - Variance - Public Hearing Zoning District: Lot Area: RK-IB, One Family Rural Residential District (2 acre minimum) 1655 Fox Street: 12.153 acres (529,379 s.f.) 1685 Fox Street: 10.1 acre'^ (439,957 s.f.) 1695 Fox Street: 7.463 acres (325,067 s.O Outlot A, Manser Addition: .215 acres (9,346 s.f.) Application Summary^ Applicant requests the following variances to allow placement of address monuments: 1. A wetland setback variance to allov’ a wetland setback of 5’ on the east side of the private drive when a 26’setback is nonnally required. 2. A wetland setback variance to allow a wetland setback of 12’ on the west side of the private drive when a 26’ setback is nomially required. Staff Recommendation: Staff recommendations: 1. Approval of the wetland setback variances due to inherent hardships which consist of existing vegetation and wetlands at the driveway entrance which make is practically difficult to solve the driveway identification problem. Pertinent Zoning Ordinance Sections Section 10.55.8: Development Restricted; Prohibition. ‘'Except as hereinafter specilically permitted, no filling, grading, dredging, excavation, hardcover, temporary or permanent structures, obstructions, septic systems, well or other construction shall be PInn anri VV^ntlonHc Arpn* nnr nn nnv vvlthl!allowed within the Flood Plan and Wetlands Conservation Area; nor on any lands within 26 feet thereof...” List of Exhibits Exhibit A - Wetland Delineation (report to come later) E.xhibit B - Diagram showing site triangle, delineated wetland edge, monument location and proposed setbacks. Exhibit C- Updated hardship statement » . '•'i / N0^2922 Atfgust 18,2003 Page 2 of3 Exhibit D - Report from the 7-21-03 PC meeting and associated exhibits. Background This proposal was originally heard at the July 2I*‘ Planning Commission meeting. At that time the applicants were instructed to work with staff on a redesign and conduct a wetland delineation if appropriate. The applicants have conducted a wetland delineation but have proposed the same monuments that were originally proposed. Wetland Setback Variance Staff has met with the applicant and has concluded that whether identifying the property is accomplished with an address monument or standard 6 ” x 6 ” post/hanging sign, the effects that they would have on the wetlands arc minimal. Staff has reviewed the wetland delineation report and sight visibility triangle in relation to the location of the monuments. Because the monuments will be outside both the wetland boundary and sight visibility triangle, staff is allowing the applicants to proceed with the monument design. A 12’ setback is proposed on the west side of the drive and a 5’ setback is proposed on the east side of the drive. Two separate wetland setback variances are required; one for each monument. Hardship Statement Applicant has provided a brief hardship statement in E.xhibii C, and should be asked for additional testimony regarding the application. Hardship Analysis ht considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated truffle conditions, tight and air, danger of fire, risk to the public safety, and the effect on values of property In the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zot .ig Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual proper . 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. The recommendations in regards to the hardship criteria arc the same as those in the previous planning report a.id should be referenced in Exhibit D. Staff would also add that some type of identification is needed for safct> purposes and that the wetland locations and vegetation along the roadway and in the right-of-way are hardships inherent to the property preventing the address markers which normally can be installed without City approval. Issues for Consideration 1. Should a stone address monument be allowed within the wetland setback? 2. Will the structural integrity of the monument be compromised due to the wet soils? Should the applicants be required to submit plans to verify footing design? 3. Should the applicants be required to dedicate equal area of lost wetland buffer? It is m M3-2922 AnguttlS.2003 Pa|c3or3 only about 8 s.f. total impact as compared to a total un-impacted wetland buffer area of many thousands of s.f. 4. Are there any other issues or concerns with this application? Staff Recommendation Staff recommends approval of both wetland setback variances with the stipulation that footing designs be submitted to the building official to verify structural integrity. '•I 08/06/2003 16:26 7635454266 IMAGINALITY FKOn : GRONBBV t nfiSOCIRITES Fm NO. : 952 473 4435 mrTA Pu«. 06 2003 Oi:40Pn P2 HENNEPIN CUUNIY, MININLCaU I M FOX STREET .BLACKTOP^ ROADWAY\ S \w£TU 'STAKC OTHO A wi^voaBb BY VOW(l>A i60Vf>ObS kS» iMUg PROPOSED ENTRY MONUMENT DETAIL FOR JOAN L. MIGLIORI IN OUTLOT A, HANSER ADDITION HENNEPIN COUNTY, MINNESOTA / / VeflAnd MAC City of Orono Hardship Statement for wetland setback variance on address pillars We are requesting a variance setback of the address pillars (hard-surface coverage) to wetland from 26 ’ to 10*. In additions the standard site triangle is 30 ’ - we are requesting a reduction to 26 ’ in order to be in front of the existing trees and not remove them. The need (request) is to have the drive entry / address to 3 homes clearly identiPied at the street. These pillars with address plaques are commonplace in Orono, Wayzata and neighboring areas and would be totally permissible under normal circumstances. The wetland being too close has created tne hardship. Placing them anywhere else but within the setback would make them useless and ineffective. There is a safety concern for emergency vehicles to locale the property quickly as needed. Identifying this property by short temporary panels or split rail fencing is not adequate. Much of the Fox Street area is covered w ith w etlands - roadways are placed on Wetland. The 2 ’ X 2 ’ footprint of each of these pillars would in no w ay be detrimental to the wetland. The applicant would be willing to mitigate the 8 square feet of hard surface elsewhere on the property if absolutely necessary. The footings will be formulated the conditions and the applicant will maintain the pillars as needed. A wetland delineation plan is provided, as well as a current landscape survey. 1. This property is unique in that the entry is saturated with vegetation and wetlands close to Fox Street and the homes are set back substantially that both the homes and the entry is hidden from drive by view. 2. In order to place the address entrance pillars the required distance from the wetland - they would serve no purpose to drive by traffic. 3. The allowance of these pillars does not establish a precedent, as the circumstance i.> unique. •fc . 'I I M3-2922 July 21.2003 Page 1 of 5 Date Application Received: 6-18*03 Date Application Considered as Complete: 7-9-03 60-Day Review Period Expires: 9-7-03 To:Chair Smith and Planning Commission Members Ron Moorse, City Administrator From: Date: Subject: Janice Waataja, City Planner^ July 17,2003 03-2922, Mike Cashman, 16SS/168S Fox Street, - Variance - Public Hearing Zoning District: Lot Area: RR-IB, One Family Rural Residential District (2 acre min.) 1655 Fox Street: 12.153 acres (529,379 s.f.) 1685 Fox Street: 10.1 acres (439,957 s.f.) 1695 Fox Street: 7.463 acres (325,067 s.f) Outlot A, Hanser Addition: .215 acres (9,346 s.f.) Application Summary: Applicant requests a wetland setback variance to allow the placement of address monuments. Staff Recommendation: Staff recommendations: 1. Denial of the wetland setback variance due to a lack of a viable hardship. Pertinent Zoning Ordinance Sections Section 10.55.8: Development Restricted; Prohibition. “Except as hereinafter specifically permitted, no filling, grading, dredging, excavation, hardcover, temporary or permanent structures, obstructions, septic systems, well or other construction shall be allowed within the Flood Plan and Wetlands Conservation Area; nor on any lands within 26 feet thereof...” List of Exhibits A - Application B - Hardship Statement C - Sur> ey D - Sketch of Proposal E - Monument Design F - Photographs G - Property Owners List H-Plat Map Background The following properties consist of the same parent parcel. 1685 Fox Street: - April 1992: Preliminary approval of a 5 lot subdivision (expired, never final platted) • September 1992: CUP approval for a guest house / Co «03-2922 July 2 1,2003 Page 2 ofS area- Febniaiy 19M; CUP approval to allow additional excavation of ponding J695 Fox Street: - September 1992: CUP approval fora guest house Wetland Setback Variance ---------------------------- appIleanthasstatedthatthehidd^driferShsi:^^^^^^^^^^ a turn around. ™^iot “ r ““ of rail fence would be removed Wetlands exist nn V «*'sting split applicants have subnutted a su^ S^J^pro^^^^^ location of the stone monuments ^e -vetland IvnlSrli “"<* ’he proposed the result of a svetland delineaS ^^mh ?^e when the property was platted After a sile vku houndanes that were recognized boundaries depicted onL STOe ‘rac^atf^h^^^^ gotten larger (especially on the wLem side of thedriJei^Sff W* i!° mo_ would actually be closer to the wetland thanUmte^u:!;"!: ^oJ^^dy proposed within the 30 fooUi'^t vtSty trfmg^^^ monuments are being problems exiting th:: drive. ^ ® ‘ cause safety Hardship Statement for additional testiLny regLding^th^lpp^^^^^ “ked Hardship Analvs is propped consider the effect of the traffic conditions, tight and ah, danger cf fire risk to the nuhr existing and anticipated %7vn‘^ area. The Planning CommhLnshaUco^ oyalues of property under consideration, andsUali recoitmu^nrinnno^r. t # individual hat such that border the comers rirfdeL^fi •h/’ «>e split rail fences address monuments. This is due tottv?v=::r7^^^^^^^^ tm-im July 21,2003 Pag*3 of 5 wetlands and associated vegetation extend almost to the pavement of the private drive. Should address monuments be placed approximately IS* from the roadway and private drive they would be almost in the wetland possibly affecting the structural integrity of the monuments over time. Therefore, staff feels that a wetland setback variance should not be granted based on sight visibility issues and alternatives should be examined. 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 2. 4. 5. 6. conditions allowed by tlic olllcial controls.' Should a variance be denied, the property can still be put to a reasonable use due to the existing nature of the property. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." The vegetation and wetland located at the entrance to the property are unique circumstances. Should the Planning Commission determine that there is a hardship: the wetlands should be delineated to confirm the magnitude of the variance. 3. "The variance, if granted, will not alter the essential character of the localit}'." Address monuments exist in other areas of the city and would not alter 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.' Not applicable "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." Not applicable "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 propeity in the zone where the affected person's land is located." Not applicable y i I 7. 8. 9. 10. 11. one Council may pennit as a variance the temporaiy one-family dwelling as a two-family dwelling." ^ Not applicable *03-2922 July 21.2003 Pagt4ors use oC a lerty or immediately adjoining property.' Zetland exists along this section of Fox Street. wWch Sdtod ’ •“ to the district i “PP'toetion is necessary for the preservation and ofa substantial property right of the applicant." ^ “enjoyment preserviton f'Sh' °f lns,a„a„on o/,CfopIf/JZml^ZZTZ 'hethe private drive. ' ^ ^ofsty entering and exiting or a Issues for Consideration ;■ Ster/rj;;rir^ 5. ' If the locSTiietSs'IIldrS l'sZ™a“'T *" 6. Are there any other issues or concerns with this application? V -J ma-jni July 21,2003 Page 5 of 5 Staff Recommendation Staff recommends denial of the wetland setback varance because the applicant has not demonstrated that sight visibility issues would improve with the placement of address monuments in place of the existing split rail fence. I ► • a I AppHcaUpn # Date Received /<»> / Amount Paid__^ ® LE APPLICATION[TY OF ORONO - V^I^HCE APPL Initial Application FeeC^50.0d^ ($50.00 per each additional fiance)’ Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 • After-the-Fact Fees (Double application fee) PROPERTY INFORMATION ^ Site Address f ^<*5* ir' J^)C ^‘TV<e»a*T~ Property Identification Number fP.I.D.) H-»- 23*/V poo/ y ez //*7 33 33 Attach legal description to application if not included on required survey. Date Propsaiy Acquired_______________________________________ (month/year) I (do) mo n^ also own th^djacent parcels of land. PresentSisSw property: presidential ___other (specify). Zoning District:. APPLICANT Name Phone (home). Address: (t lit li _________________ Phone (work) '7uh^S ‘9S‘^ ' ItZ- S y City: i/a /Zip: 0\)T«:R (if different than applicant) Name ___ Phone (home) 9^2” ^ 7 ____ Phone (work) City: Q>/owo_________Zip: S'fS9/ DESCRIPTION OF REQUEST Estimated Construction Cost $, 0 mm mm m ' —— ------- — — ' ” — — -----—— ~ ^ M Describe request in detail: lAJe_ ve»t}<fH 4^ AAjash io^k OP P«fto.vi uJcf-Uw&r ^ o((a^ "gV yg (attach additional sheets if necessary) <9^* fJi!—f VARI.4NCES REQUIRED Lot Area ^ Setback: ___Lot Width Front Side Hardcc'.’er Rear Lot Coyerage i Average Lakeshore Other (specify) s’DITldN Z, HARDSHIP/DESCRIPTION OF UNUSUAL PROIERTY CONDITIONS Describe undue hardship or practical difficulty or imusual property conditions preventing compliance with Zoning Code requirements:____________________________________ (attach additional sheets if necessary) Q Q o REQUIRED StlBMlTTALS AH 9f fft)lo>vine lnformaHn» mu«f i.» . '• ll-/ Completed Application Fonn '' ^ i/. Certified Property Owners List obtain th!.« itcf ___j 1. 2. 3. 4. 5. 6. 7. 8. - List of the legal names (include marital «fah ®"® (0 copy 8VS" x 11") - " “* >«on<lu>n to this application, pleaae .n,l ® ^ <»ra«r(s). ZdiZa.T'®"' “« of «ny other persona - Xe requested by City staff. • . -^.PUCANT-S •*"“ “ ^i'SVia.sis; “ I Applicant’s. Signature Date OLIVER’S SIGNATURE' ------ f, |4*^*^vner's Signature Date- iJAlC________ £!!£sTSpSH.Sr «" “‘1" change pnor to the meeting. ^ «>« Building 4 Zoning pSf lU® •7 -T . ^ . • .• r •; :'% V.* . / tV • • • •4 rv * . a i JUN-17-2003 111 52 952 476 7991 P.01^0 A • \ • • • •• • RJBQUmED SUBMITTALS 1. 2. /. 4. 5. n 6. 7. 8. ’"‘DCompleted ^plication Fonn "" * ' Certified Property Owner* List of owners within 150'. labels and plat map (you must obtsis fhi? list, libels and dip fiosi Hesnspm County Oepaitmenc or jrmance A-fi03 Govt Center, 348<5910). a ow. Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as retired. In addition, provide one (1) copy 8H" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade arc proposed. In addition, provide one (1) copy 8Vi" x 11" for. reproduction. Sketches or plans of floor it elevation ^devvs (provide one (I) copy 85^" x 11"). List of the legal names (include marital status) of all persons with an interest in the property. This would include nmc{s) of applicants) if not cmrent osmer(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 variAOga applicaticq U Pot complete if the above iuforaiflflop net APPLICANT'S SIGNATURE T^e ^plicant hereby agrees to provide ell infonnaticn required requested by the Zoning Admimstrator, agrees to pay ^dttional fees (staff time not cover i original fee payment) and/or Applicant’s Signature Date a ? OWNER'S SIGNATL.^ The owner hereby acknowledges and agrees to this appIicaM:.-. i^d fu*ti;er euthoii2.s reasonable commissionmembers for piuposes of mvestigauon and verification of this request. Date ^afo3 hiJl .n* scheduled meeting, please make amngements to ““ “ Office of thi. % • • v^ ^ /y o 'o Ekhibit e • • •• • 06.14.03 CHyoT Orono Re: Hardship for 1655 and 1685 Fox Street We are requesting the setback from weUands be reduced per the applicaUon to allow for address pillars to be installed at the curb and drivewqy per site map. Address pillars are allowed by the CHy of Orono. The setback from ttje wetlands prevents the opportunity to properly identity the hidden driveway. The pillar will help prevent a safety pnMem of sudden stops on the main road. The reduced setback will not interfere with the wetland nor the integrity of the land. m i-'.y j\ •m u 6182 Olson Memorial Highway. Golden Valley, MN 65422 Phone 763-545-4123 Fax 763-5464266 % . I \ J 6 k I i/)eo < •Til ;-v. ••■•.o,'; .. .. "i; •i.rc • •■■ ■I 7 . •• r »••m•• . • • ...••• v“ ij V- *.• •.S »l •• .* • . • •■J.7U"iP ij /• • • *• * .1 *u L Tox SresE^r I « ^ 1 5 7. 'W 8" X 16" concroto block elcc. In I /lew Entrance Monuments/Markers - Qty: 1 of each Similar to San Franc! .co Cobblestone*, witli caps similar to Buckskin Cap Panel is Inset within stone (approx. 3") and has a concealed reveal on top, providing an area for illumination. Panel has attuclicd 3/8" thick aluminum dimensional letters. • • '------2’-G" -• ~ — ••f-* • MS* • SS r 1 » \ s ri1 F~'~-------— V*!-i 1 __1 Vied lights I -0 2‘-0" 23/4' I----- —r tr*' 4" 4- —Y- 5--91/2" 5*-0" ! I ifar:5 3’6 . *. n -3’ — 5 Pier and pad footing 7. V : ■v. "/nr f • •/• r) 1} m F ■ , r. '. ■ -S'- ^ .. .^ r. S-Vi .ii'^:vi<l^5Swt». *»• ••••.« W. • . •'TT»“•• '•••V '"wrfrv ' »♦> -r- ' r-#^ -« 'vi*, .:^,«vi*.\^‘>;^j-;i/'v;.>.\\-;-? • __________ . ’ •'-' ■ *,— . t-* r-'-' - -1 4 a\ ^ I mwt ^ ’■'■»• k 'J '#-• L?* r* ■ “ . I-, - ,*_ t»^» • .-..• •r:-. i-;:- ■ 'm. ^SSCISJ^ iif.-’T-W A ■> I •mm- m MirnWXmmr '■ ' ^'^■''a'^'1' ■' ■'■■' '•'c^ ' ■''■ ■ ■ ' te't' ^1 in i.« r- ' u -rte^g fv r ’V;♦J - • ’X * ' • V - p rei....:—- ill.? ,-'^r ■ -"^ifiT^^fi||wVaiU»r/• •• p •OBI „ . ..I • ^ « .i • « >\ ^'»Vi ‘ ......"" •'" •'I •; ^1 •V . ><. * .•«• ■ *»•'*^ .f < • - • . ' • •'’/- , JT*** • *■»* • - ~ T 5' • •* ••' IV. > -./r-,/vv ••■•• •;-^ •• .- .•• * i*.;. • • K»•. •/.{'•-*. . v. *V-‘‘^v* • • ••■•• • • •■ *~*-.- ■ -• « •, V *• Ik .J'' RUNUATI::6/I. 38 0211723320003 PROPADDR 1540 POX ST OWNER NAME J A NOLAN A J A NOIj\N TAXPAYER JOI IN A NOLAN A JOAN A NOLAN NAME/ADDR 1540 FOX ST WAYZATAMN 55391 38 0211723330010 PROP ADDR 1410 SHORELINE DR OWNERNAME A HARRISON AIL HARRISON TA3(PAYER ALFRED A INGRID L HARRISON NAME/ADDR HtO SHORELINE DR WAYZATA MN 55391 38 0311723410004 PROPADDR 1620 FOX ST OWNERNAME THE WAKEFIELD ORONO PTNRSHP 1 AXl’AYER the WAKEFIELD ORONO PTNRSHP NAME/ADDR C/0 ROBERT J THEILER PO BOX 5628 MPLSMN 55440 38 0311723440005 PROP ADDR 38 ADDRESS UNASSICNED OWNER NAME M W CASHMAN A J L CASHMAN TAXPAYER MICHAEL W/JENNIFER L CASHMAN NAME/ADDR 1685 FOX ST WAYZATAMN 55391 38 1111723220009 PROP ADDR 38 ADDRESS UNASSICNED OWNER NAME HENNEPIN CO REGIONAL RR AUTII TAXPAYER HENNEPIN CO REGIONAL IMvAtnil NAME/ADDR 417^11 ST N1320 MINNEAPOLIS MN 55401 p n / • ala w ■u \A •>' • I. .r.f •I HENNEPIN COUNTY rrOPP. INFORMATION SYSTEM PROPERTY OWNiiUS LIST PAGE: I 38 0211723330001 PROPADDR 1485 FOX ST OWNERNAME WPHENNEMANAABIIENNEMAN TAXPAYER WPHENNEMAN.iAUUENNEMAN NAML/ADDR 1485 FOX ST WAYZATAMN 5:391 38 0211723330002 PROPADDR 1465 FOX ST OWNERNAME KABIRKELANO/CABIRKELAND TAXPAYER KAARE& CYNTHIA DIRj;i:UND NAME/ADDR 1465 FOX ST WAYZATAMN 55391 38 0211723330014 PROPADDR 1655 FOX ST OWNER NAME R J MICUORIA J L MIGUORI TAXPAYER RICHARD JAJOANL MIGUORI NAME/ADDR I655EOXST WAYZATAMN 5 .391 38 0211723410009 PROP ADDR 38 ADDRESS UNASSIGNED OWNERNAME HENNEPIN CO REGIONAL RRAITTH TAXPAYER HENNEPIN CO REGIONAL RRAUTH NAME/ADDR 4I75THSTN#320 MINNEAPOLIS MN 55401 38 0311723440003 PROPADDR 1695 FOX ST OWNERNAME R J A K S CATHCART TAXPAYER RICHARD A KATHLEEN CATHCART NAM17ADDR 1695 FOX ST ORONO MN 55391 38 0311723440004 PROPADDR 1685 FOX ST OWNERNAME M W CASHMAN A J LCASHMAN TA3CPAYER MICHAEL W/JENNIFER L CASHMAN NAME/ADDR 1685 FOX ST WAYZATAMN 55391 38 10117231 lOOOI PROPADDR 38 ADDRESS UNASSICNED OWNERNAME SUADHAZHARI TAJCPAYER SUAD H AZHARl NAME/ADDR 1745 FOX ST WAYZATAMN 55391 38 1011723110002 PROPADDR 38 ADDRESSUNASSICNIH) OWNERNAME HENNEPIN CO REGIONAL RRAUTH TAXPAYER HENNEPIN CO RECIONALRRAUTH NAME/ADDR 417 5THSTN 4320 MINNEAPOLIS MN 55401 .'I 38 0211723340014 PROP ADDR 38 ADDRESS UNASSIC MED OWNERNAME HENNEPIN CO REGIONAL RR AUHI TAXPAYER HENNEPIN CO REGIONAL RR AUHI NAME/ADDR 4I75THSTN4320 MINNEAPOLIS MN 55401 Is: I CERTIFY THATTHB FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARSTl IIS DATEONTHB ^ORDS OFTHE HENNEPIN COUNTY TAXPAYER SERVICES DCPARIMI OrMYKNOWLEDOEANDDCUffi DATE >*• 'i') J V • Date Application Received; 07-29-03 Date Appikation Considered as Compkte: 084)7-03 60-Day Revkw Period Espires: 10-07-03 AUG 2 5 2003 CllYUr- OHONO REQUEST FOR COUNCIL ACTION Date: August 20,2003 Item No.: 03-2927 (D Department Approval:Administrator Approval:Agenda Section: Zoning Name: Melanie Foth Title: City Planner Item Description: /103-2927 - James & Linda Martinson, 1435 Park Dr - Variance • Resolution Zoning District. Lot Area: Lot Width: LR-IB, Single Family Lakeshore Residential, 1 acre/140’ width 32,284 s.f. (0.75 acre) 95' at the lake and 100' at 75 ’ setback List of Exhibits: A - Resolution per Planning Commission Recommendation B - PC Action Notice 08-20-03 C - PC Memo & Exhibits as of 08-1 8-03 Application Summary: The applicant is requesting variances from lot area and lot width to construct a 3,608 s.f. single family home on the 0.75 acre lot with a defined width of 95’ at the lake and 100’ at the 75 ’ setback. Planning Commission Recommendation On August. 18,2003, Planning Commission voted 5-0 to recommend approval of the variances from the lot area and lot width requiremen*' Staff Recommendation Approval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. ^ir r r A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 6(A)(1) AND SECTION 10.24, SUBDIVISION S(B) FILE NO. 03-2927 WHEREAS, James & Linda Martinson, husband and wife, (hereinafter "the applicants") are the owners of the property located at 1435 Park Drive within the City of Orono (hereinafter the "City") and legally described as follows; Lots 6 & 7, Block IS, Saga Hill Revised, including adjoining vacated Lafayette Avenue; ALSO that part of vacated Forest Boulevard as dedicated in the plat of "Saga Hill Revised, Hennepin Co. Minn." Which lies between the northwesterly extensions across it of the northeasterly line of Lot 6, Block 1 S, “Saga Hill Revised, Hennepin Co. Minn.” And the southwesterly line of Lot 7, said Block 15., Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 10.03, Subdivision 6(A) and Section 10.24, Subdivision 5(B) to construct a 3,608 s.f new residence on a lot 0.75 acres in area where 1.0 acre in area is required, and 95-100’ in width where 140 ’ width is required. Mimicsota: NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, FINDINGS 1 . This application w^ reviewed at Zoning File #03-2927. 2. The property is located in the LR-IB Zoning District, which requires minimum lot area of 1 acre and minimum lot width of 140 ’. The area of the property is 0.75 acres (32,284 s.f) and defined lot width is 95’ at the lake and lOO’at the 75’ setback. ir III ■^■>111 3. The Planning Commission reviewed this application at a public hearing held on August 18,2003 and recommended approval of the lot width and area variance, based on the following findings; a) No additional land is available for acquisition by the applicants to make the property conforming in area or width. b) The property is served with municipal sewer. c) The combination of 2 lots with a total lot size of 0.75 acre is typical of lots in the immediate neighborhood. d) A single family residence can be constructed on the property without the need for further variances. 4. 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 public, and the effect of the proposed variances on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the 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 difilculty; is necessar) to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Sections 10.03, Subdivision 6(A) and Section 10.24, Subdivision 5(B) to allow construction of a new 3,608 s.f. residence, subject to the following conditions: 1 . Council approval is based on the revised site plan submitted by the applicant, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformit) with City codes will require further Planning Commission and City Council review. I* •I 2. Hardcover in the 0-75’ zone shall be limited to the levels allowed by City Code. Hardcover in the 75’-250’ zone shall be limited to 5418.6 s.f. or 25% per the proposed plan and liardcover allowance summary as depicted on Exhibit A. Applicant is advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Applicant shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (August 25,2004). 5. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicants have read, 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 25th day of August, 2003. ATTEST: Linda S. Vec, City Clerk Barbara A. Peterson, Mayor Property Owner(s) 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 si ’L 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 % 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/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/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 r » . FOREST “‘.BOULEVARD * '.-fc f....... CITY OF ORONO 2750 KcUey Parkway P.O. Box 66 Ciystal Bay, MN 55323 (952) 249-4600 ZONING FILE 03-2927 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: August 20,2003 TO: James & Linda Martinson 6556 Broadview Dr Prior Lake, MN 55372 COPIES: TYPE OF APPLICATION: Lot Width St Area Variances DATE OF MEETING: August 18,2003 Planning Commission recommended as follows: Approval as submitted: 1. Variance from minimum lot width, and 2. Variance from minimum lot area. VOTE; 5 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as: City Council - Monday, August 25,2003; 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 City Planner, Melanie Foth at 952-249-4627. 4 •03-2927 August 13,2003 Page 1 of 4 Date Application Received: 07-29-03 Date Application Considered at Complete: 08-07*03 60-Day Review Period Eipires: 10*07-03 To: From: Date: Chair Smith and Planning Commission Members Ron Moorse, City Administrator Melanie Foth, City Planner CONSENT AGENDA August 13,2003 Subject:03-2927, James & Linda Martinson, 1435 Park Drive, - Lot Width & Area Variances - public hearing Zoning District: Lot Area: LR-IB, Single Family Lakeshore Residential, 1-acre 0.75 acre (32,284 s.f.) AppHcation Summary: Applicants request lot width and area variances in order to construct a new single family residence. The application includes: 1. The property is 100’ wide and 0.75 acre where the lot width and area minimums _____are 140’ and 1 acre respectively. Sta/f Recommendation: Staff recommendations: Approval of the variances as requested due to the following: 1. The home will meet all of the required setbacks. 2. The property will meet the allowed 25% maximum hardcover in the 75’-250’ zone at 24.9%. 3. The structural coverage will be below the limit of 15% at 12%. 4. There will be no hardcover within the 0-75’ zone. Hardship: Substandard lot area and width, lot created prior to current zoning, no additional land available. Pertinent Zoning Ordinance Sections ^ 10.24.5(B) Lot width and area requirements ^ 10.03.6(A)(1) “R” District of one acre or less and with public sanitary sewer. If lot meets 80% of minimum requirements for area and width it may be utilized for a single family detached dwelling purposes without Council approval. List of Exhibits A. Application B. Existing & Proposed Survey/Site Plan C. Photos D. Proposed Plans and Elevations E. Submitted Hardcover Calculations F. Letters from Neighboring Owners G. Property Owners List H. Plat Map V f ' 6 X . i J »03-2927 August 13.2003 Psge2of4 Background The applicants are proposing to remove the existing home from the property and construct a new residence meeting all Zoning Ordinance requirements including setbacks, lot coverage by structures, and hardcover requirements. Additionally, the applicants will be filing for vacation of Forest Boulevard which would add 0.08 acre to the property increasing the size to 0.82 acre. LOT ANALYSIS WORSHEET Lot ArcaAVidth: LR-IB Lot Area Lot Width Required 43,560 s.f ( 1 acre)140 ’ Actual 32,284 s.f. (0.75 acre)*95’ at shoreline 100 ’ at 75 ’ setback if it meets 80% of lot area and width requirements. Setbacks: LR-IB Required Proposed Lakeshore 75 ’144.5 ’ Rear 30’79.8 ’ West Side 10 ’10 ’ East Side 10 ’ir Structural Coverage; Total Lot Area Total Structural Coverage 32,284 s.f. (0.82 acre)Allowed: 4842.6 s.f. (15%) Proposed: 401 1 s.f. (12%) Hardcover Calculations: Hardcover Total Area in Allowed Exbting Proposed 2^ne Zone Hardcover Hardcover Hardcover 0-75 3690 s.f.0s.f (0%) Os.f* (0 %) 0s.f. (0%) f ' * #03-2927 August 13. 2003 Page 3 of 4 75 - 250 250-500 20170 s.f. 8424 s.f. 5418.6 s.f (25%) 2527 s.f (30%) 0 s.f * (0%) 0 s.f * (0 %) 5040 s.f (24.9%) 745 s.f (8.84 %) * After exclusion of fabric or plastic-lined landscape beds Hardship Statement Applicant has provided a brief hardship statement in Exhibit A, and should be asked for additional testimony regarding the application. Hardship Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance npon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approval only when It Is demonstrated that such actions will be In keeping with the spirit and intent of the Orono Zoning Code. Staff finds that the applicant meets all the minimum requirements with the exception of lot area and lot width. Because the lot is a legal lot of record these non-conformities are inherent hardships. The applicant has indicated to staff their plan to vacate Forest Boulevard. Should Fores; Roule'iard be vacated there would be an additional 3840 s.f added to the lot area. The lot would then have a total area of 36,124 s.f (0.82 acre) thus bringing it closer to conformance. Stafl'would make the following recor.uucr.Joticr.s 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 loi is not buildable unless a variance is granled. In the opinion ofstaff this criterion is met. 2."The plight of the landowner is due to circumstances unique to his property not created by the landowner." In the opinion of staff this criterion is met. 3."The variance, if granted, will not alter the essential character of the locality.' In the opinion of staff this criterion is met. 4."Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." N/A Undue hardship also includes, but is not limited to. inadequate access to direct 6. 7. 8. 9. 10. II. M3-2927 August 13.2003 Pag«4or4 sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section I I6J.06, Subd. 2, when in harmony with this Chapter.” N/A "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.” N/A "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.” N/A "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The special conditions apply to many other lots in the immediate area. In the opinion ofstaff this criterion is met. “The conditions do not apply generally to other land or structures in the district in which said land is located.” The conditions apply to many other lakeshore lots in LR-IB. In the opinion of staff this criterion is met. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” In the opinion of staff this criterion is met. "The granting of the proposed variance will not in any way impair health, safely, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code.” In the opinion ofstaff this criterion is met. 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.” In the opinion of staff this criterion is met. Issues for Consideration Are there any o‘Jier issues or concerns with this application? Staff Recommendation Approval of the variances as requested subject to the lot meeting setback, lot coverage by structures and hardcover requirements. J r: CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change fiom original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) Application # Date Received 7- Q-O Amount Paid ^ PROPERTY INFORMATION Site Address Mfari Prty9 Property Identification Number (P.I.D.) 07//7 J ?«/j oo jLt:> Attach legal description to application if not included on required survey. Date Propcfhr-Acquired /titu ________ I (do) (do-jioD^also own the ac^acent parcels of land. Present use of property: Zoning District: C ^ (month'year) Present use of property: /O residential ___other (specify) • {B APPLICANT Name jfAarftnso^ Address: CSSt D/—______ Phone (home) 7/^y ^ _____ Phone (work) 6^^ ^ ^ 6y^'> City: L*t^ Zip: S'S‘7 7 OWNER (if different than applicant) ; ’ Phone (home) Name ^ Phone (work) Address:City:Zip:. DESCRIPTION OF REQUEST Describe request in detail: Estimated Construction Cost $ aary (attach additional sheets if necessary) VARIANCES REQUIRED ___Lot Area Lot Width ___Setback: __Front Side Hardcover .Lot Coverage Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: ANte/a <i// c ,'u do Ho -fl t-f . __________________ (attach additional sheets if necessary) ' M. o c\ c% \ r REQUIRED SUBMITTALS 1. 2. 3. II of the following ipformation muit he siibmiHgil hv *i for vour application to be considered cnmpl^tP« Completed Application Form — Ceilificd 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). ’ ^ CeitifiMte of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 854" x 11" for reproduction. 4. fJ^ Topographic survey (existing and proposed elevations) if any changes in existing grade we proposed. In addition, provide one (1) copy 814" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 814" x 11") 6. ^ List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicants) if not current owner(s). ^ As an .iddendum 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. 7. 8. APPLICANT'S SIGNATURE Applicant's Signature OWNER’S SIGNATI “knowledges and agrees lo this c;p!:cc:ion and fn.-,!,cr authorizes tcasonable counen Owner’s Signature Applicant must have aU submittals into the City ofiices 25 days before the Planning Commission Cwucn"’’””"‘’'*'"7”' *'""reviewliie^,".g^ofti[ePh^^^^^ r V * : • ^ji ’ -. ' y ___y . •As..*' * * .. • ♦ ** ».■r* • ». » .•V, w . > ' L I:;' ' r/ ^ ! ) •• 0 * • •»-. . ’' y ^ “ hK,\. J, • • ’ ' • ;-r:- • »< X.. ^11 asa^^esg^ "vif*' Ti - _ • . V'. -'- L, ' .\ . r>>:. -, •-'.•> V -tLi^; ^ ¥ kt:- ^ r^jt22kxi^MSb(^ ^m&iT c I. ___.Vutrte 1^^ d Wim > 11 . YI • t f ;:vm • • t f • •« Uri^ • I « • > ( f I • Ml < • 4 f I »m§Mmm ail- * fi: III - I f*71 *r»•* f i •* •* I I I 5> * *•'•1 r m I. • «*»• t I 4 H t J .i| • I t t ' t • ■’W' ■■ 11 I » »•! t U4 ^ • A • # • 4 ^ 11 t"l.t4".7 FTONT ELEVAT10H ir • * * * • ^r* * •* .# .4A 55 ^ nZAHJtCAR ELEVATION % % t *ma%H • I t'«'t •'! ‘M( •'ll* • Ml • III • III • II iMtUltK**' I flUMtfliitftl 'll I Ml • III • 1*1 •'•■I • *1" *'^41$ III I III ■ III • Ml • Ml ■ I * > I ■ Ml I Ml • Ml t Ml • Ml • Ml • Ml 4 t ■ I • III B ll* •nn • •••I ll • Ml ■ 1*1 • Ml ft'tH • ni • Ml I Ml I I III • luV-lii > *'* ^ *'* * *'* a *'i * * * — Ill a^iia M« • Ml ■ Ml • Ml I Ml • i; ■tiMi • IItana ami • mi ■ mi txii * ^1 fMi •III amt a*Mi tMi t m rin- —11 • III • •‘♦♦••I • • • ■ 11 a 11 'Xi I • I I • Ml I X>iii ■III •' t'MI ■ Ml I wA* 1*1 • I I * I'^/•l ■ Ml liMI ■'» /• Ml IIMI i Ml ■ ^i| ■illl • Ml • Ml I ■ Ml ■ Ml ■ Ml ■ I I I • Ml • Ml • Ml • I At wl% Ml • lU^ III ................Ml: I • HI • Ml Ml a>MI I'MI .'Ml I'Mi ■'Ml ■ III • Ml • Ml ■ 1^ I ■ Ml ■ Ml ■ Ml ■ r Ml I Ml ■ Ml • III •< ■ B Wm ■•Ml •'Miami |aiMI i Ml §'Ml ■ Ml ■ Ml *J4P >‘M tfa Ml a Ml a i l ■ •«■ mi « Ma M wTa Ml a Ml i Mi ■•Ml i i'i^'Ml^ iUU•namil Mia Mi ■Ifl MlidBBli I i| ana #m* amt ami imi a mi ■ mI I'I IMI iiMiamii*! ■ Ml a>Mi • mi ■m* i III a III a Mia i*i a mi ■ i • an an Pf a Ml I Ml a Ml a mi a mi • J'lfjIrMl ■Ml a-Ml •<MI a'MI ■ Ml fMI ■•Mia' ImlitMl ■ Ml I'MI ■ Ml • Ml i*Ml ajil t ^^7^?T7^!iTi«T>7» > i.i IK* • »<« •'»«» »1H« I II a Mi ■ Ml ■ Ml aiMi ■‘Ml ■‘Ml ■ Ml a mi III I Mi a Ml a Ml a mi tjn • *•• fSUf?!'*■ | MU a Ml a Ml fl'Mfl-JiliLMi •pill III ■ Ml I HI alMpfi iMiiMiaMiaiati .• Ml••Ml■'Ml••M•| a*Mi •'Ml ill^^■Hiii RIMPMia Ml a Ml ■ Ml la III lit Ml I Ml ajH lia.jiia.Mia.iiia M*W JiMi ami a*iiiatM K.iiiaiiiti^Maa I laMi mmi fiMia mi B'm M^^MM *• M WimW'I lll ■•Ml I'Mi ■ Ml imra.Mi at^ fHl ■•Mt •'•■* • |i|l| ■•Ml ■ Ml I ■ Ml I Ml a Mrn^m 4ii a*»** *'Mi •auaB’Mia'Mi I t«iMaiii a M itanaaiaa. Miami 1 Ml a M I 1.1 •ill •Ml t-MI ■ ........................ Ml 1.1 • 111 ■ III ■ Ml ■ I I ■. t Ml ■ Ml I Ml a Ml 8.l**« I a m •■Ml I Ml ••Ml ■• M ti a'lii a'MI ■•Mt a.Mi ■Ml a Ml a Ml a mi a mi . ■ Ml ■ Ml a Ml a Ml ■•Ml I aMi •Ml ■•Mt ■•Ml ail II ■ Ml ■ Ml ami ■•Ml ■' lua Ml a Ml p 1*1 a i i < a^a Mia Mia mi I‘i*i I ami a’MI ■•Mif .'ia i ii • Ml ■ Ml ■•Ml a Ml a Ml ■ III • III a III a III* a Ml aataa^a a i*i a^Mi I a.taaiM^aiiii ■•mi ii *• a<iiMM*ia>t*i a.Mi a Miti<Tpiiiai*if ii.| f JJrf I • Ml a Ml ■ Ml a ij^ «a iii a Ml • Ml a Ml ■•Ml a.Mi i i« I Ml ■ Ml i I I a I I a a Ml a 1*1 a mi a i*i i I a’MI a.Mi ■•Ml ■‘Ml Ml a Ml tjif a'MI a i* I III a Ml fMa l ip- a Ml a laa^ii ami a I ami ■Miami a>Mi ■‘Ml aitii ami a i* VMiaMi aa>iaiia a Ml a ia»>i*a a I I aMi a'liiaMi a .......... • •’•••■•••'•••■.••••?; > Ml a Ml a Ml ami a mi a i'i a'Hi a^u a mi ami ami • Ml a.Mi a>Mi a iii ami ami a.Mi •■»>i ij** am« a»**^ I a Ml aiu aMi a i<i a mi a •*• a i*i a mi'"•sffKiHfsiSS ili M [ZFT SIDE 1/4* » \‘-C’ o A■ "• ■ •*• •'• • "• • •'• • •'• • •'* • «»i •'• • •'» liAif iiiii M i JAW. .*1 .* *«/• «■«I t'MiMtjMf> i < ■ lilt !'•■ I'ljWiWwif It!■ •'*ij'» ■ •'• • "13^' A A.'.*Al.". . J .*.• *>UFiu •A#l in • III ■ Ml ■ iillVi>rrM i Iiriril#iw\i • mi ■ m ■ mi inii ■ n» • mi ■ mi ■mi ■ m ■ mi ■ m'J'.* AJ" *J'A Itllfa III ■ Ml ■ Ml ■ Ml I Ml I M| i Ml ■ Ml • Ml ■ III « in iiMI • Ml i Ml ■ Ml ■ Ml i Ml i Ml i Ml ■ Ml ■ I• Ml t Ml ■ Ml ■ I • Ml ■ Ml i I A Ml ■ Ml i Ml • Ml • Ml • ftln • Ml ■ Ml ■ Ml ■ Ml I Ml I M| • Ml • Ml • Ml ■ III « II ill • llllMI•MI■l•l■M•■Mlill•<U|■MI■Ml■MI■lll•l • l•MI•MI•ln■ln•MI•MI■MI I M 11^1 • Ml « Ml • Ml ■ Mil H||l<|lMIIMIilll<U|»MliMll'Miaiil*Mlltn«in«MltMiaMIBMItMiaMliMli Ml a Ml a Ml a Ml a iniWi a Miaina int inajiia mi a mi aiiiai.ia iia mii mi a miimii aMiaMi«MiaMiaMiainiiiiaMiaMiaMiBMiaMiaMiaiiaMiai’iiMtaiiaiiaMi la tia Mia a Mia i«ia iia rta mi a •ll■lll■l•l■Ml a mi a mi a Mia mii mii iia mi* m ia>*i«i'iaMiaMiaMiaMiaMiaMiai-**MiaMiaMi«MiaMi Dane uuIX □□□ >^^l ■M•■Mt■MI|l•laMI■Mlaln■MI■MI•MI■Ml■M•■Ml■MIBMI■MlaMlaMI■l••■MIIMlallal•l■Ml %^a Mia I la MiiMia ••!■ tia iia a Mia ml i-ia ita mi a niainai<iaMi a mi a mi a Mia Mia Mia iia Mia i •MiaMiai<iaMaMiai<iaiiiai>iaMiaMiaMiBMtaiiaMiaMiaMiaMiaMiaMiaiiaMiaMiaMiai-ia ■ m ■ Ml * I t in aim Ml am a i . Ml a Ml ■ >V i • in' Ml a Ml 1^- r- k fe Ml a Ml a Mia mi am a m a mi • m ahi aMiai>iaMiaMiiiiiai<aaMiaiiiaMiaMiaitaiiaiiiaMiaMiai I a Ml a iiaa ui a Ml a Ml a Ml a in a )ii a I I a Ml a I I a III a Ml a Ml ■ Ml a Ml ■ in a Ml am a Ml a Ml a Ml a I I a Ml a iianaa iia ina mama MiaMigii a l••■ln■ ma ii a i.i^nn a mi a mi ■ mi a mama m a mi a m a m a in jn Min ainaMiaMiaiiaMiaiiiaMiainaiiainain iMit'in t ma Miama ma ina ina inaMtaMia m ■inainaMiBMiaMiainiMiaMiaiiainainaMiaMiaMiainaMiaMi ai<i a mi a in ■ i HI a Mia Mia mi a in a mi • '* * a in ■ 'V_______ ■ a Ml a in • Ml ■ Ml I ii W_______1 in a in a in a mi a mi a mi a in a in 1 a Mill HHHH liBMi am ■ ma ■■■■ lamaMl a Ml I lina'Mia Mia in ai'ial I* iMiaMiaMia iniMiaina i Mia mI ■■■■ I Miainaiiiainain ■ ■■■■ InaMiaMiaa Ml a a m a in am a in a ii in a in a mi a mi a in a in a mi a hi I a Mia main a a in a ina m a • i ami in a in a mn a Ml a Ml a in a m a m a iiniiiiiniiiiiniinimamainiMiaiiamamaiiaini ama Mia ma in a ma mii mi Miam a Ml a m a I a in a Ml I ti a Ml a Ml m a Ml a I a Ml a Ml a I a Ml a Ml I nI Ml • I I Ml a m a I a Ml a Ml ■' • a Ml a Ml I n a Ml a Ml III a m a I a Ml a I I a I a Ml a Ml I • I I I a Ml Ml I m a I a Ml a I I a |t I Ml a I 11 <1 a Ml a Ml <1 a Ml a I Ml a Ml a ( Ml a Ml s ! BBOWi a Ml a Ml • “■■■I ’ I (5» C7 v5\ i .>■# iJt' r'jit JL, *•* • iMiumi I ihl'tiiifliillMrimiii^^ •||I1 1 •■--'• -^' ■' r ;►» t- -■>■./• /V33 p«^k:^C^e/tT B^ofTL^/K F-€-o3 B UA1U)C0VER^LCULAT10N WORKSHEET SETBACK ZONE: (CIRCLE ONE) (P^ 75-250* 250-500* EXISTnVG HARDCOVER IN ZONE A. House N ■ Un|th X X X B. Garage C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A __ + B PROPOSED HARDCOVER IN ZONE' A. House X Length X X X B. Oarage C. Driveway X X D. Sidewalk X X E. Paiio/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 wieji m m es a xlOO Widih c S3 500.1000* XlOO .JIMb. H2LQ. .k . S.F. SF. 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. A S.F. B % S.F. S.F. S.F. S.F. S.F. S.F. S.P. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. SF. SF. % A B .. HAIU5C0VER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' C75-250!? 250-500*' EXISTING HARDCOVER ir.' ZONE A. House V . 500-1000* Unfth X X X B. Garage C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X 0. Other • TOTAL HARDCOVER Ih'ZO:fE TOTAL PROPERTY AREA [N ZONE A _____________ B PROPOSED HARDCOVER IN ZONE* A. House _________ X Lcnath X X X B. Garnge C. Driveway X X D. Sidewalk ^X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X 0. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A __ _ _ _ _ _ -*• B • WidUi X 100 Width 12^ 132 ffos /e z// xlOO - i . S.F. S.F. S.F. S.F. S.F. S.F. S.F. SF. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. A S.F. B % 360B S.F. 'HOt/Sf S.F. - STi»P S.F. S.F.-PPCCF/ S.F. S.F. S.P.- • S.F. S.F. S.F. S.F. SF. SF. S.F. ff/ S.F. Zo.no SF. 24-^ H A B 1 k HAl^COVER CALCULATIOilWORKS SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250’' EXISTING HARDCOVER IN ZONK A. House _____ X E*a4«B(T£ Unph X X X B. Garage C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X 0. Other TOTAL HARDCOVER FN ZONE TOTAL PROPERTY AREA IN ZONE - B PROPOSED HARDCOVER IN ZONE* A. House Length X X X B. Garage C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X 0. Other TOTAL HARDCOVER IN ZONE total property area in zone - B 500-1000* Width X too Width S.F. S.F. S.F. S.F. S.F. S.F. S.F. SF. S.F. S.F. S.F. • S.F. S.F. S.F. ■ S.F. S.F. A zo.no S.F. B % S.F. S.F. SF. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. SF. S.F. S.F. X 100 .7is SF A Ti2< S.F. B /% . \ ^1. JUL-21-2ee3 le.'SSn FROIrBEUTLER GROUP 952-^>8786 TO:92494616 P:2^2 Adjaccot Property Owners' Acknowledgement Form I (we) (iaiy c/- of Ar , [print name(s)][print oddress] have wiwed the plans for the proposed improvement or proposed use of the property located at JjSJl (V alio roferred to as Land Use Application No._______. 1 (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare ^proval or disapproval of the property or use but merely to confira for the City Council that I (we) am (are) aware of the improvement plans and that the proposed nei^bot's project or use requires Council approval. Date Date 'o2 T (we) Alorr ic [print name(s)J Ot _im_P^dU>r [print address] *!'* proposed improvement or proposed use of the properly 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 Ck>uncil that I (wc) am (arc) aware of the improvement plans and that the proposed nciglibor’s project or use requires Council approval 11% 05 bate Property Owner Date If you have any information that may assist the City in the review of this Lind Uso winmau k> the Riding & Zoning Office nt 10 days prior 8 8 ^ o ?! •s .%. I si RmbAJEivmm 38 0711723420014 PKOPAODR 1442 PARK DR OWNER NAME G L SCHULTZ ETAL TAXPAYER GEORGE L SCHULTZ NAME/ADDR 1442 PARK DR MOUND MN 55364 38 0711723420018 PROP ADDR 1415 PARK DR OWNERNAME J DSILLERUDAN ASILLERUD TAXPAYER X3NATHAN D A NORA A SILLERUD NAME/ADDR 1415 PARK DR MOUND MN 55364 38 0711723420021 PROP ADDR 1447 PARK DR OWNERNAME PJSCHLENDERAMRPALM TAXPAYER Pi SCHLENDER A MRPALM NAME/ADDR 1447 PARK DR MOUND MN 55364 38 0711723430013 PROP ADDR 1496 PARK DR OWNERNAME FJ HARDIN 111 AC A HARDIN TAXPAYER Fi HARDIN lU AC A HARDIN NAME/ADDR 1496 PARK DR MOUND MN 55364 V \ i HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST PAGE: I 38 07II72342001S PROP ADDR 1402 PARK DR OWNERNAME lUClUJEOKUTZ TAXPAYER UXriLLE O KUT2 NAME/ADDR I4M PARK DR MOUND MN S5364 38 07U 7234200I7 PROP ADDR 1415 PARK OR OWNERNAME J D SILLERUD & N A SILLERUD TAXPAYER JONATHAN D & NORA A SUXERUD NAME/ADDR 1415 PARK DR MOUNi/MN 55304 ■ 38 0711723420019 PROP ADDR 1423 PARK DR OWNER NAME R L HOWELLS & J M HOWELLS TAXPAYER ROBERT L & JEAN M HOWELLS NAME/ADDR 1423 PARK DR MOUND MN 55364 38 0711723420020 PR'•'ADDR 1435 PARK DR Cl NERNAME JAMES A MARTINSON TAXi AYER JAMES A MARTINSON NAME/ADDR 1435 PARK DR MOUNDMN 55364 -r* ..J 38 0711723420022 PROP ADDR 1453 PARK DR OWNERNAME TIMOTHY RIVIERE TAXPAYER TIMOTHY RIVIERE NAME/ADDR 1453 PARK DR MOUNDMN 55364 38 0711723420023 PROP ADDR 4300 NORTH SHORE DR OWNERNAME S R Tai DOSH A J P PAIDOSH TAXPAYER 5 i EPHEN R/JENNH ER P PAIDOSH NAME/ADDR 4300 NORTH SHORE DR MOUNDMN 55364 38 0711723430027 PROP ADDR 1448 PARK DR OWNERNAME DB ERICKSON A LD ERICKSON TAXPAYER DAVID B A LAUREL B ERICKSON NAME/ADDR 1448 PARK DR MOUNDMN 55364 1 CERTIFY THATTHE FACTS REPRESEKTED ARE AN ACCURATE AND TOUE REPRESENTATION OF INFORMATION AS H APPEARSTHIS DATE ONT; ti RECORDS OFTHE HENNEPIN COUNTY TAXPAYER SERVICES DEPARTMENT, TO THE BEST OF MY KNOWLEDGE AND BEUEP. DATE by wm Hennepin Taxpayer Services DepartmSrfe^^l^t V ■> Date Application Received: 07-29-03 Date Application Considered t ** Complete: 08-04-03 60-Day Review Period Expire iO-0^03 AU6 2 5 2003 CIIY U^UHONU REQUEST FOR COUNCIL ACTION Date: August 20,2003 Item No 03-2930 ^ Department Approval:Administrator Approval: Name: Melanie Foth Title: City Planner jfH{ Agenda Section: Zoning Item Description: #03-2930 - Streeter & Associates on behalf of Richard & Delores Little, 2775 Shadywood Rd - Variance - Resolution Zoning District: Lot Area: Lot Width: LR-IB Single Family Lakeshore Residential, l-acre/140’ width 30,556 s.f. (0.70 acre) 101.24 ’ List of Exhibits: A - Resolution per Planning Commission Recommendation B - PC Action Notice 08-20-03 C - PC Memo & Exhibits as of 08-18-03 Application Summary: The applicant is requesting hardcover variances in order to replace driveway hardcover with a 22’ x 25 ’ garage addition._____________________________ Planning Commission Recommendation On August 18, 2003, Planning Commission voted 5-0 to recommend approval of the hardcover variance. Staff Recommendation Approval per tlic attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. 1 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 FILE NO. 03-2930 WHEREAS, Richard & Delores Little, husband and wife, (hereinafter "the applicants") are the owners of the property located at 2775 Shadywood Road w ithin the City of Orono (hereinafter the "City") and legally described as follows: Tracts E. F & G except the northeasterly 7 feet thereof. Registered Land Sur\ey No. 358. Files of the Registrar of Titles, Hennepin County. Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 10.22, Subdivision 2 to construct a 2-stall garage addition over existing driveway hardcover in c.xcess of 25% allowed by Code. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #03-2930. 2. The property is located in the LR-1B Zoning District, which requires minimum lot area of 1 acre and minimum lot width of 140’. The area of the property is 0.70 acres (30.556 s.f.) and defined lot width is 101.2’. 3, The Planning Commission reviewed this application at a public hearing held on August 18,2003 and recommended approv al of the hardcover variance, based on the following findings: a) The proposal will not have a negative impact on light, air or open space in the neighborhood. 1 Ml b) A hardcover variance in the 75’-250* zone is supported by the following hardships: 1.Hardcover is proposed to be reduced on the property from the current level in the 0-75’ zone of 4.91 % to 0.8%. Additionally, hardcover is proposed to be reduced on the property from the current level in the 75*-250’ zone of 41.7% to 39% in order to achieve the amounts approved in 1995 per the conditions of Resolution #3610. There is no additional hardcover that can be reasonably removed. 4) 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 public, and the effect of the proposed variances on the health, safety and welfare of the community. 5) The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely ser\ e as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Sections 10.22, Subdivision 2 to allow a hardcover variance in order to construct a 22’ x 25’ garage addition over existing driveway hardcover, subject to the following conditions: 1 . Council approval is based on the revised site plan submitted by the applicant, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes w ill require further Planning Commission and City Council review. 2. Hardcover *he 0-75’ zone shall not increase above the 0.8%. Hardcover in the 75’-250’ zone shall be limited to 6,979 s.f or 39% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicant is advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval. n i and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Applicant shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. Required removals of structure and hardcover shall be completed prior to a framing inspection of the proposed addition no later than one year from today’s date (August 25, 2004). 5. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (August 25,2004). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicants have read, 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 25th day of August, 2003 ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) f r , J j M 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. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public d 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 ‘i ■ S'''i, I 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/afllrmation of a credible witness and who executed the foregoing instrument, and acknowledged that he/she/ihey executed the same as his/her/their free act and deed. 1 1. 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 1 proved on the basis of whose identity 1 proved on the oath/afTlrmation 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 * C23 6“*'^ * , suRfA'-'- *0l»*® A' Vi LEGEND ^0.-* • .•,■ LANDSCAPE SURFACE BITUMINOUS SUFACE BRICK SURFACE CONCRETE SURFACE ^OC/jYyyy ___ . 7.0 L, _ ncr _ I -----J50/### •ort^J^S^ooc. ;s:r—■•"' & c*i«o* \ •< CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE 03-2930 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: August 20,2003 TO: Richard & Delores Little 2775 Shadywood Rd Orono, MN 55331 COPIES: Streeter & Associates Jeff Ripley 18312 Minnetonka Blvd Wayzata, MN 55391 TYPE OF APPLICATION: Hardcover Variance DATE OF MEETING: August 18,2003 Planning Commission recommended as follows: Approval consistent with staff recommendation; 1 . Removal of all plastic or fabric landscape liner in planting beds. 2. Removal of 314 s.f. of hardcover in the 0-75’ zone, allowing a total of 64 s.f. of retaining wall and pavers to remain (0.8%). 3. Removal of additional hardcover added since the 1 995 variance approval which will result in a total hardcover of 6,979 s.f. (39%) to remain within the 75 ’-250 ’ zone. In summary, 443 s.f. to be removed in addition to me 3,331 s.f. of landscape liner within the 75 ’-250 ’ zone. VOTE:5 FOR 0 AGAINST Applicant's ne.xt scheduled meeting is confirmed as: City Council - Monday, August 25,2003; meeting starts at 7:00 p.m. If >ou desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Melanie Foth at 952-249-4627. '/■ ‘i. jtim I . •02-2930 August 14,2003 Page 10f 6 Date Application Received: 07*29>03 Date Application Considered as Complete: 08-04^3 60-Day Review Period Expires: 10-04-03 To:Chair Smith and Planning Commission Members Ron Moorse, City Administrator From: Date: Subject: Melanie Foth, City Planner August 14,2003 #03-2930, Streeter & Assoc on behalf of Richard & Delores Little, 2775 Shad)'^^'ood Rd - Variance - Public hearing Zoning District: Lot Area: LR'IB, One Family Lakeshore Residential, 1 Acre 0.70 acre (30,556 s.f.) Application Summary: Applicant requests a hardcover variance in order to construct a 22’x 25 ’ garage over existing driveway hardcover. The variance includes: 1. Hardcover variances for the 0-75 ’ and 75 ’-250 ’ zones. Hardcover in the 75 ’-250 ’ zone is currently at 60.5% (10,753 s.f.) and in the 0-75 ’ zone is at 4.91% (378 s.f.). The nature of the hardcover is changing in both zones resulting in a full hardcover review. Sta/f Recommendation: Staff recommendation: Approval of the hardcover variances wi^ the following stipulations: 1. Removal of all plastic or fabric landscape liner in planting beds. 2. Removal of 314 s.f. of hardcover in the 0-75 ’ zone, allowing 64 s.f. of retaining wall and pavers to remain (0.8%). 3. Removal of additional hardcover added since the 1995 variance approval which will result in a total hardcover of 6,979 s.f. (39%) to remain within the 75 ’-250 ’ zone. Hardship: Stafffinds no hardship to allow the current levels of hardcover to remain. Pertinent Zoning Ordinance Sections ✓ 10.22.2 Hardcover Regulations: 0-75 ’=0%, 75 ’-250 ’=25% ^ 10.03.15(G)(2)(c) Fences: Fences shall not be constructed within the defined lakeshore yard of a lakeshore lot, i.e. shall not be located within 75 ’of the shoreline of a General Development Lake. List of Exhibits A - Application B - Hardship St.aement C - Existing & Proposed Survey/Site Plan D - Proposed Plans and Elevations E - Submitted Hardcover Calculations F - Property Owners List G - Plat Map H - Resolution #2115 1-Resolution# 3610 J - Photos ' * • * A .» . /c 1 I iiMiiii-infiiMiiiiiifiii uHAunhaaiMiiRai #02-2930 August 14.2003 Page 2 of 6 Background In 1986, under previous ownership, variances were granted for construction of a 2"'* story deck and stairway comprising 0.16% hardcover within the 0-75 ’ zone where no hardcover is allowed and 37.6% hardcover within the 75’-250’ zone where 25% is normally allowed. A 3 structural encroachment into the 0-75 ’ zone where no structure is allowed was also approved. The total hardcover amounts approved were 0.16% in the 0-75 ’ zone and 37.6% in the 75’-250’ zone. For details please see Resolution #2115 attached. In 1995 under the previous owTicrs, variances were granted to permit construction of a two- story addition constituting additional hardcover in the 75’-250’ zone in excess of the 25% normally allowed. As a condition of this hardcover variance approval in the 0-75 ’ zone was limited to 0.2% and the 75’-250’ zone was limited to 5,777 s.f. (31.7%). The additional shared driveway within the 75’-250’ zone was not flgured into the hardcover within that zone, however for our purposes it will be included. Therefore, per Resolution #3610 (5,777 s.f. + 1,518 s.f for additional driveway) 7,295 s.f. total hardcover was approved in the 75’-250’ zone. The owners were required to remove the landscape hardcover detailed in the Resolution # 3610 attached. The current applicants are proposing to construct a 22’x 25’ 2-stall attached garage o.-. existing driveway. LOT ANALYSIS WORSHEET Lot AreaAVidtht LR Lot Area Lot Width Required 43,560 s.f (1.0 acre)140’ Actual 30,556 s.f (0.70 acre)101.24’ Setbacks: LR Required Existing Proposed Lake 75’80 ’No change Rear 30’28’No change Left Side 10’15.8’No change Right Side 10’15’No change Average Lakeshore 80 ’80 ’No change ^ »♦ f ■ #02-2930 August 14.2003 Page 3 of 6 Structural Coveraec; Total Lot Area Total Structural Coverage 30,556 s.f ( 0.7 acre)Allowed: 4583 s.f (15%) Proposed: 3849 s.f (12.5%) Hardcover Calculations; Hardcover Zone 0-75 75 - 250 250-500 Total Area in Zone 7684 s.f. 17,756 s.f. 5116 s.f Allowed Hardcover 0s.f (0%) 4439 s.f (25%) 1534.8 s.f (30%) Existing Hardcover 378 s.f (4.91 %) 64 s.f* (0.8®/i) 7422 s.f* (41.7%) Including landscape: 10,753 s.f (60.5%) 264 s.f* (5 %) Proposed Hardcover 378 s.f (4.91 %) Staff Recommends: 64 s.f (0.8%) _______ 7422 s.f* (41.7 %) Including landscape: 10,753 s.f (60.5%) Staff Recommends: 6979 s.f (39%) _________ 264 s.f (5 %) After exclusion of fabric or plastic-lined landscape beds Hardcover Variance The applicant is requesting a variance to change from non-structural hatdeover to structural hardcover. The property currently has hardcover ir. the 0-75’ zone (4.91%), where only 0.2% hardcover was allowed in the pre\ ious variance approval, and is therefore over on hardcover amounts in the 75'-250" zone by 2,983 s.f, not including the 3,331 s.f of landscape underlain with plastic and/or fabric. A hardcover variance was approved in 1995 to allow 7,295 s.f hardcover within the 75 ’-250’ zone. Since that time 314 s.f of hardcover w’as added to the 0-75’ zone and 3,458 of hardcover has been added to the 75 ’-250’ zone. Those additions take into account the return of landscape faoric and/or plastic, decks, additional square footage added to home (bump-out on new addition) and the addition of pavers. Hardship Statement Applicant has provided a hardship statement in Exhibit B, and should be asked for additional testimony regarding the application. M * » 1 W2-2930 August 14,2003 Pag«4or6 Hardship Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, sttfety and welfare of the community, existing and anticipated trqffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property In the surrounding area, ne Planning Commission shall consider recommending approval for nrlances 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 pro^rfy under consideration, and shall recommend approval only when It Is demonstrated that such actions will be In keeping with the spirit and Intent of the Orono Zoning Code. Staff finds that while the proposed garage addition will not increase the hardcover on the property, the structural coverage will increase and the nature of the hardcover will change. In addition, there is 378 s.f. of hardcover within the 0-75 ’ zone where hardcover is normally not allowed. The hardcover within the 0-75 ’ zone consists of landscaping and a portion of paved patio, stairs and landing for the 2"“ story deck. Additionally, a fence along the east property line that extends into the 0-75 ’ zone where a fence is normally not allowed. There is no h^dship to Allow this 378 s.f. of hardcover to remain. ^ditionally, the hardcover in the 75 ’-250’ zone has been increased since the 1995 approval Jie increases are due to fabric and/or plastic being re-installed under the landscape beds, and walkways. There is no hardship to allow the additional 3g774 s.f* to remain. Staff would make the following recommendations in regards to the criteria for “undue hardship pertinent to this application: I."pe property in question cannot be put to a reasonable use if used under condit allowed by the official controls." In the opinion of staff this criterion is not met. ions “The plight of the landowner is due to circumstances unique to his prooertv not created by the landowner." ^ ^ In the opinion of staff this criterion is not met 3."The variance, if granted, will not alter the essential character of the locality' In the opinion ofstaff this criterion is met. 4."Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." The applicant has not indicated that economic considerations are an issue with this project. I- #02-2930 August 14, 2003 Page 5 of 6 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 1 16J.06, Subd. 2, when in harmony with this Chapter." N/A 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." N/A 7. “The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." N/A 8."The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." In the opinion of staff this criterion is not met. 9.“The conditions do not apply generally to other land or structures in the district in which said land is located." In the opinion of staff this criterion is not met. lO. “The granting of the application is necessary for the preser\'ation and enjoyment of a substantial property right of the applicant" In the opinion of staff this criterion is not met. 11 . “The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrar>' to the intent of the Zoning Code.' In the opinion of staff this criterion is met. 12. “The granting of such variance w ill not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." In the opinion of staff this criterion is not met. Issues for Consideration 1 . Does the Planning Commission find that the existing non-conforming fence within the 0-75’ zone be removed? 2. Docs the Planning Commission agree that the property should be restored to the levels previously approved in 1995? 3. Are tliere any other issues or concerns with this application? % . "iff .L i02-2930 August14,2003 p«g«6or6 Staff Recommendation Planning Department Staff recommends an approval of the hardcover variances per the following: 1 . The fabric and/or plastic under landscaping beds be removed as well as additional hardcover added since the 1995 variance approval which results in a total of 314 8«f« in the 0*75 ’ zone. Currently there is 378 s.f. of hardcover within the 0-75 zone where hardcover is normally not allowed. Hardcover in this zone consists of landscaping and a portion of paved patio, stairs and landing for the 2nd story deck. 2. The 3,774 s.f. within the 75*-250 ’ zone be removed to bring the total hardcover in the 75 ’»250* zone to 6,979 s.f. (39^o). Plastic and/or fabric has been added to the landscaping beds since the 1995 variance where the fabric and/or plastic was required to be removed. Additionally, since that time paver walkways, deck and home bump- outs have ^en added causing the hardcover to increase beyond the 1995 approved levels. This 3,774 s.f. to be removed should include 3,331 s.f. of plastic and/or fabric from landscape beds and 443 s.f. of deck, pavers and etc. ' ■ ¥ ^f«e- tr A- CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S250.00 (SSO.OO per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 * Afler-the-Fact Fees (Double application fee) AppUcatton # Date Received Amount Paid 2.SO , oo PROPERTY INFORMATION Site Address------------- 5 i Property Identification Number (P.LD^ 71 Attach legal description to application if not included on required survey \ _____________(momh/yei)I (do) (^ nol)/also own the adjacent parcels of land. Present use of property; •^residential Zoning District:_____________other (specify) APPLICANT^ ^ ^ PhQjjg (home) 4 ^Vg.Qg^rfTfeg.______ Phone (work) ^ Address:. tfiglZ fn,Af>/£rS7^kii)HLVA Zip. OW'NER (if different than applicant) ILAocrf’ Name trfTcC Address:__’im$' ^esAn City; Phone (home) 7^'Z. - V?/ - Phone (work)_________________ Zip: J DESCRIPTION OF REQUEST Estimated ConstrucUon Cost S > Describe request in detail: J^€e- ATTa^^£J\ ----- (attach additional sheets if necessary) VARI.ANCES REQUIRED Lot Area Setback: ___Lot Width 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 reouirements: ________ (attach additional sheets if necessary) 1 1 i I REQUIRED SUBMITTALS 1. 2. 3. Completed Application Form Certified Property Own obtain this list, labels ai_ Govt Center, 348-5910). pplication Form wiiWn ISO’, labels and plat map (you must 348 591^ ^‘’“”‘3' Department of Fin^ice, A-603, reprodSn " ^ ““ W 'W * H" for ' r f■’r'r.^’T «-.ir(&"r, ■ '' Additional Items as may be requested by City staff. d-e./>/el/r fiM 5. 6. 7. 8. APPLICANT'S SIGNATURE rd'miS:“: ” .~0 by the Zoning consultant expenses incurred in review of this aDDl'-atior^^'^’ supplied is true and correct to th^st of his/her fafowledgc. information Applicant’s Signature Date OWNER'S SIGNATURE entiy onto the propeltj”by'cl^ suV^onsu'te S«n» "Si!!Sds^" authorizes reasonable members for purposes of investigation and 'jrificat’ion of this r^es! Ou-ner's Signature Date oy Applicant must have all submittals into the Citv offices k r 'iu ^ • Meeting. Planning Commission Meetings «e Md on Se S'm' d r® ‘^“^‘”7 Applicants must be present at all scheduled revieiv meerin« of aach month. Council. If an applicant is unable to attend a scheduled meetta» ^-!l° °f have an authorized agent attend in your nlace and tn od • ot^arrangements to change prior to the iLeting. ^ & Zoning Office of this ^r^iO .*,/ I; ;j . /' ^ \ a- * ^ V *P?i •. ! • csa:.!.- •-*•• - I su.--. *.. *4»in a../' oj i . ia^ . .. .M, 3 % z 2 B 2 8 I c. 2i 90 C> rM ev M tS •Nl vn z 2 na 5 2 1^ Phone 952.449.9443 11 STREHm If;. ASSOCIATES, INC Description of Request 7-22-03 To whom it may Concern; We are requesting a variance for the property at 2775 Shadywood Road, for the puipose of an attached 2-stall garage to the rear of the house. The proposed addition is 22 ’-0" X 24 ’-0” and is place directly in front of the existing tuck under garage. See enclosed architectural plans. Respectfully Submitted by; A ' Jeff Ripley 7T ^ CJ O iJ s s Archiuctural Design Custom Homes Renovation .if I1 ,-1 i 1 II s % Z 2 eDus i i 'JSCs-r -‘4 K 1-^ i/>»/> z 3>» m J 2 i (T»4 Phone 952.449.9448 0CH1B»T 5 Str ff A- - ASSOCIATES, INC. HEU'dship/Description 7-22-03 To whom it may concern; We are asking for a variance for the purpose of adding a elevator and garage to our home. Because our home has a tuck under garage and a number of steps to get to the main liWng area, it has become very difficult for our handicapped family member to get into the home. The only location for this elevator is in the existing garage, which is directly below our laundry room. We will be sacrificing most of our laundry room and part of the garage to do this, thus the need for the new garage. The new garage is directly in front of the existing one. We are not adding to the hardcover of the property since this area is already a paved driveway, but aaer talking to the city planner it was determined that we need to go through this variance procedure. Respectfully Submitted by; Jeff Ripley 'V- 1 \ \ 1 ArchJuctural Daign Custom Homis • *; •* Renovacton •:vi i County of Hennepin. CERTinCATlON: L^"So^?om^‘'diy‘ucen«ru^^ S? v^ntr Ihi State of Minnesota. Originol signature; July 18. 2003. Dote of survey. July 17. 2003. by.^ “* Doniel G. Nickols Minnesoto License No. 19839 BKILN OUrvr CONCRETE SURFACE SCALE DENOTE FOUNCI ais, INC. 1 ] I i ' ■ ."V** NOTES: 1. The orienlolion ot ''J'® oVumed to hove o Te^^M « ;n.hu.es 23 seconds eost. f for the orepo^otion of this survey "• ve'fy'i'e »isUnce ot ony eosements or encu,nbronces. 3 The tolol oreo ot the properly described hereon is 30.556 squore teet or 0.7015 ocres. \ • 7.0 EXCEPTION ^ MOmHEASltltiy uw ^ y...SOUTHWESTERLY LINE OF THE NORTHEASTERLY--' 7 FEET OF TRACT G D * C T ‘^UTILITY SHED ON CONC.-, (195 SO. FT.) ' H^pnrnv/FR CALCULATIONS bituminous surface = 3,802 BUILDINGS CONCRETE surface LANDING 250 ta»t- 2.774 RCI » 155 landscape paver surface WALL _____ 3,645 > 624 / / i / «v 9 t / hardcover area = 11,395 property area = 30,556 percent of hardcover = 37.3% / / / V; • % house CONCRET^' • » garden area —-. L—75-toirrr:. ^,-1.0 WALL >eSr^. s'nao 5T0HC 5(0. n.i *.V - = 3,802 irih ^ poA- » 2,774 2,(r.SO = 351 = 155 o> J ^ / » 3,645 J V BV f » 624 1 1 • • "■•wi 'V>. ' •• SfW V > 1 f 7<.' ••• ' ' <'j'\ I.*' •. :■ ji'^' • • ■ . • t. ,'j«; Paira ♦ •* • »0<nn«» ___ lop o( curt) A »: • -r ' i:''-l> • • . . .• • r . ■ I *; . . •• :i., ■ •• * ‘ • .V.-r<4 • • •'* •'^ r ifi.mimiinr * vm V t* • * -u\ •' \ • >’ .i* 'l ■‘X* * ‘“""•*.-■'1,1 ••■<;<•..• ,1. Vv" . I ^ • ••;. V *' 1 •? tdzri • # • . •* • • n- 1 .. \ ./•0 . ,* iV ‘A 4 DA 1 4T yj •t* ^ •;• ■ • *0 • : % ■ » 1 •( • « «• •' 0 « 1 •Ow .t V 4-•/1I•••s •\ V. .- .i ♦ I 'ir, ss= rl* f i t/4»s1'-0" • s * . • PARTIAL WEST ELEVATION • • %<‘l74-=?iW [ ELEVATION 6<CH(&rr 02- HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) C0«7S!) 75-250* 250-500* 500-1000* EXISTING HARDCOVER IN ZONE A. House ____ ______ Ungtti B. Cerase C. Drivewty O. Sidewalk (FAVEK) E. Patio/Deck 7. Landscape Ifodcrlain By Plastic C. Other TOTAI- HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A .32^_______ A ____ PROPOSED HARDCOVER IN ZONE A. House_____________ B. Garage C. Driveway D. Sidewalk E. Patjc/Dcck F. Landscape Underlain By Plastic X X X X X X X X X X X X ^ B B X X X X X X X X X X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERri- AREA IN ZONE B wwth 8 m 5IM 25 "749® *1 X JOO » xIOO = •4.91 Wl4th S mx m xlQO • SJ. S.F. S.F. S.F. S.F. S.F. S.F. S.F. SJ. SJ. SJ. SJ. S.F. SJ. S.F. S.F. A S.F. B % S.F. 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. S.F. S.F. A S.F. B % > % . r Mi. HARDCOVER CALCULATION WORKSHEET____ SETBACK ZONE: (aRCLEONE) 0-75* ^HTE»rr 250-500’ 500-)000< EXISTING HARDCOVER IN ZONE A. House X B ^•S“9 S-F. Lai^ X S.F. X CS S.F. X B S.F. B. Cerate X e S.F. C. Driveway X a 5.133 S.F.fw«cc3 ^X C3 1*? S.F. 0. Sidewalk f X Sou S.F. X B S-F. E. Patio/Decic X B S.F. X B S.R F. Landscape X 8 B • . • 3^331 S.F. Underlain X SS S.F. By Plastic X 8 S.F. C. Other X _585 S.F. TOTAI. HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A lO.lifB ^ B npsio X100 » . lO.*753.0 S.F. A S.F. Buo.s •/, A B xIOO =Va PROPOSED HARDCOVER IN ZONE A House X 8 S.F.Lenc^'i X Wi4ih S.F. X 8 S.F. X S.r. B. Carete X S.F. C. Driveway X S.F. X 8 S.F. D. Sidewalk X S.F. X 8 S.F. t E. Patio/Deck X S.F. X c S.F. P. Landscape X e S.F.Underlain X B S.F.By Plastic X a S.F. G. Other X B SI. TOTAL hardcover IN ZONE TOTAL PROPERTY AREA IN ZONE m S.F. A B m S.F. BAxIOO «% • % vtV. U ttc C .7#.. • . L HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75’ 7M50' iTEb SOO-1000* EXISTING HARDCOVER IN ZONE A. House _____________ U»i^ X X X B. Garage C. DriveMfay X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic X X X C. Other TOTAI. HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ZC.H_______ A ♦ B ♦ B PROPOSED HARDCOVER IN ZONE A. House ______ X X X B. Caroge C. Drivcwcy X X D. Sidewalk X X E. PaUo/Dsck X X F. Landscape Underlain By Plastic X X X G. Othe TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A * B T>ick. Litu E. gbyii l*IS do9 xIOO _________ XlOO S./49 91 «3 C X100 - ifi diaik S.F. S.F. SJ. S.F. S.F. S.F. S.F. S.F. S.F. S.F. ._ST., S.F. S.F. S.F. ST. S.F. A S.F. B % S.F. S.F. S.F. S.F. S.F. ST. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. A ST. B % r* kUNUAunmm 38 2111723130023 PROP ADDR 2100 SIIAOYWOOD RD OWNERNAME KSEVERINSON/EFSEVERINSON TAXPAYER KENNETII4 EILEEN F SEVERINSON NAME/AOOR 2800 SHAOYWOOD RO EXCELSIOR MN 55331 38 2111723240040 PROP ADDR 2760 SHAOYWOOD RD OWNERNAME CSUNDUYAJ DLINDLEY TAXPAYER CSUNDLEYJUDUNDLEY NAME/AOOR 2760 SIL\DYWOOO RD EXCELSIOR MN 55331 38 211I72374(1">9 PROP ADDR 2771 SHAOYWOOD RO OWNERNAME RGftMJOOLE TAXPAYER RiCHARDG A MARLYS J OGLE NAME/AOOR 2771 SHADYWOOD RD EXCELSIORMN 55331 ii m HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 2111723240009 PROP ADDR 2775 SliADYWOOD RD OWNERNAME R L LITTLE & D A LITTLE TAXPAYER RICHARD LUTTIE NAME/ADDR 2775 SHADYWOOD RD EXCELSIORMN 55331 38 21 1 1723240035 PROP ADDR 38 ADDRESS UNASSIGNED OWNERNAME SR&PADECK TAXPAYER STEVEN R & PEGGY A DECK NAME/ADDR 2795 SliADYWOOD KD EXCELSIORMN 55331 38 21117232400* 1 PROP ADDR 2780 SHADYWOOD RD OWNFRNAME W R WITTMERASK WITTMER TAXPAYER W R WITTMER ASK WITTMER NAME/ADDR 2780 SI lADYWOOD RD EXCELSIORMN 55331 38 2111723240054 PROP ADDR 2785 SliADYWOOD RD OWNERNAME T J CASEY A S D CASEY TAXPAYER TliOMASJ CASEY NAME/ADDR 2785 SHADY WOOD RD EXCELSIORMN 55331 38 21in23240060 PROP ADDR 2765 SHADYWOOD RD OWNER NAME T M RAMDGAARD/M J BARRETT TR TAXPAYER THOMAS M RANDGAARD NAME/ADDR 1730 KENWOOD PKWY MINNEAPOUSMN 55405 38 2111723310002 PROP ADDR 2795 SHADYWOOD RD OWNERNAME SRAPADECK TAXPAYER STEVEN R A PEGGY A DECK NAME/ADDR 2795 SHADYWOOD RD EXCELSIORMN 55331 1 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 UEUEF. ^ DATE BY Q % I •J ■ 4 #■ -’m ?}/■ ^Ou% . (64) ^<^'^o£' 7^<? .*.•»• ».36 (28)y❖ L * /^ f/iJ^VJ4/; j^7 I___ <:^4«fe '“/// —«> •x CO 358 '\ 6?..L-..’ ° ,<s*SeBNC\^C2tANOneCORDPLAT K»iDei\LOPAURLi • B (C4) f^/Ui 'OfA, /^X ^^ v5/■^‘V AoTr ^"“4? ^ \ -O o Q,,®. . ;• %Parcel Information • * * *’*4 ■* * t^‘ ' arcel ID 2111723240009 . I- House Number 2775 • /,'' Street Name 8HADYW00D RD " This is not* hgsOy ncotdsd vsz. Itrspnssnts • conation ofMbnmalton snd dsts from City, County, luv, Ststn rood authoritiss snd olhsrsourcos):v- H" City of OROrVO :§CfTYV' nESOLUTION OF THE CITY COUNCIL NO.2115 W ITEH m BEEN MICROFIIMED A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTIONS 10.22» SUBDIVISION 1*2 AND 10.55, SUBDIVISION 8 PILE #1060 WHEREAS, J. F. Pleischhacker (hereinafter "the applicant") is the owner of the property located at 2775 Shadywood Road within the City of Orono (hereinafter "City") and legally deLribed as follows; Tracts E and F and Tract G except the Northeasterly 7 feet Survey No. 358, Files of Registrar of and^^** County, Minnesota (hereinafter "the property"); variance trSVafton-ff/ ‘c'cae%e^Vic“„'’!o\\t ‘a”a ! “airway Within th'e construction o? I a‘?^irvL“i“''^L ‘o ’'-}s”-raKe‘.rrf'“rra^:n1;e To" VtV;r<rt‘u?e fnaTTracoJ^^ allowed. 2one in excess of the 25% hardcover normally Minnesota ;NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1060 B^slJeTtiTlToTliig^Si.TrTcT'' Commission reviewed this application on varianna** f1986, and recommended approval of variances, finding that; • r .k Paae I of 4 i p-v-3i'. CITY City of OROINO B RESOLUTION OF THE CITY COUNCIL NO. 2115 u\% MICROHIMID B) The concreLe paLio exisLin9 under the deck and stairway area Is proposed to be removed except for a walkway. The applicant proposes to use very narrow spacing between the deck boards for safety purposes. The deck and stairway are at a second-story level. The deck and stairway should be considered as hardcover. C) The deck and stairway will be partially screened from the lake by existing shrubbery. 4. The City Council reviewed the application on November 10# 1986 and tabled the application requesting applicant to reduce the extent of variances needed. 5. The applicant subsequ^^ntly submitted the proposal attached as Exhibit A to this resolution. The Council finds that the variances requested in order to construct the deck and stairway Exhibit A are justified per the findings of the Planning Commission as noted herein. 6. The City Council he® idered this application Including the findings and recommendations of the Planning Commission# reports by City staff# comments by the applicant and the effect of the proposed variance on the health# safety and welfare of the community. 7. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance v.'ould 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 the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.22, Subdivision 1 and 2 and Section 10.55, Subdivision 8 to permit the construction of a deck and stairway constituting 0.16% hardcover in the 0-75* lakeshore setback zone# constituting 37.6% hardcover in the 25-250* lakeshore setback zone# constituting a 3* structural encroach­ ment into the 0-75* lakeshore setback requirement# subject to the following conditions: Page 2 of 4 r Kw« mmm WiCITV.^' Ir City of ORO|VO,^^j ^ RESOLUTION O. THE C,TV NO. __2115 lW> follows/'"'*"' hardcover on the property shall be as 0-75* Setback Zone: 12 s.f. (0.16%) (consisting of deck and stairway) 75-250* Setback Zone: 6.177 s.f. (37.6%) consisting of the following: House 2,080 s.f. Sidewalk 120 s.f. Blacktop Driveway 2,797 s!f! Rock Beds w/Plastic 758 s.f. Deck and Stairway 422 s.f. 6,177 s.f. The applicant is advised that any further proposals resultina in an Increase of hardcover will not be ap%oved7and mig^? be resultina concurrent removals of existing hardcoverresulting in no net increase in hardcover on the property. 2. The maximum allowed encroachment toward the lake is 3.0 feet as proposed per Exhibit A attached. not granted by this variance run with the property not with the applicant, but are permissive only and must be the'^dite‘^o*f^r^^^^f?*^^°" * building permit within one year of Febr cond^Aont^of \hf« °.f «ce with any of the terms andconditions of this variance shall constitute a violation of the here!? 'Jnd'sh^ll terminate any authority grantednereln, and shall be punishable as a misdemeanor. agrees\o*l^V^t:lrmc^ f has read, understood and hereby h?R hf/c resolution and on behalf of himself, of thi/r4solu?to®°^® assigns, hereby agrees to the recording of this resolution in the chain of title of the property. ^ary, ^987.^**^ Orono City Council on this 9th day of ATT 1 2ST: f 11 Zj >r-r/fe^thr^a^irii;; ^^^k Jam^s R. GrabelT, H£yor ^-7 Property *J24 ^ Page 3 of 4 I r’y > V *’ l'-*p JpiJ. p • i^criY , r '. /■; - §i^yfgI City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. 2115 .......it s££H iSROFILMED STATE OF MINNESOTA ) ) 6S. COUNTY OF HENNEPIN ) On this day of h^hruCLr u within and ^or saio. 198? before me a Notary Public within and for sain, county, personally appeared i-y,n\- f^leiseAha.ctter^ AnShdttcf ^ id/J^knovn to roe to be the person(8) described In and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. IE HENNEPIN COUNTYiMSI NOTARY PUBLIC MY COMMISSION EXPIRES STATE OP MINNESOTA ) )S8. COUNTY OP HENNEPIN ) On this _ _ __ _ _ _ _ day of _ _ _ _ _ _ _ _ _ _ _ _, 198 , before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 4 of 4 • ** -- - -- Is * ¥ V .• STATE OP NINNESOTA COUNTY OF HENNEPIN CITY OF ORONO ) ) ) ) ) THIS ITEM ms BEEN laiCHOFIlMEB CountJ.*^ ^ctrtlty hVvrtoVpa"rVd"*t^ pr.c..d,„,. ,r „^lty C.»„cu « . - - - - -9- - - - - - - - - , ^9,87 and that the same is a truer' ■ ■■■ ■* • o t , «nu vnav Lne sama is a ?"2n:?I'‘:r»nS‘'.:etl*n “ -■<>Pt.d by ..Id Clt, In^KUn... Wb.r.of^I ..t .y h..d .„d ...1 tbl. ni • (SEAL) r i . Vv ■• r •• ‘.i Kt.- . ..1 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 B 1 0_____ A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 AND 10.56, SUBDIMSION 16 (L) FILE i?2044 WHEREAS, George Olson and Bonnie Olson (hereinafter "the applicants ) are owners of the property located at 2775 Shadywood Road within the City of Orono (hereinafter "City") and legally described as follows: S‘,5.r:'r&iriiirss:' S: ss: property"); and \MIEREAS, the applicants have applied to the City for a variance to Municipal 7nninv Code Sections 10.22. Subdivision 2 and 10.56, Subdivision 16 (L) to pemut the rnncfrac'ion of a two story addition to the existing residence, such addition constituting hardcover in the 75-250’ lakeshore setback zone in excess of the 25% hardcover nonna y allowed. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono. FINDINGS 1.This application was reviewed as Zoning File #2044. The property is located in the LR-IB. Single Family Lakeshore Residential Zoning District. j. The OroDO Planning Commission reviewed ihis application on September 18 W5 Xecomme'nded approval of the proposed variance based upon the following findings: Page 1 of 6 f ' . . * H * •• * ; .Mid CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 ? 0 4. 5. A.Existing hardcover in the 0-75' zone is 306 s.f. or 4.1%. Existing hardcover in the 75-250’ zone is 8,011 s.f. or 44 5e. Applicants propose to remove all landscape beds lined with plastic or fabric on the property, resulting in 0-75’ hardcover of 12 s.f. or 0.2% where no hardcover is allowed, and 5,777 s.f. or 31.7% in the 75-250’ zone where only 25% hardcover is normally allowed. B.Planning Commission fmds that the removal of landscape bed hardcover is a significant reduction and brings the property closer to conformity with the City codes. C.The proposed addition meets the required side and lakeshore setbacks and does not encroach past the average lakeshore setback. D.Proposed lot coverage by structures will be 11.1%, significantly less than the 15% structural coverage allowed by the zoning code. E.An enclosed screen porch constructed over the existing deck without a permit should be subject to an after-the-fact building permit and review of the construction by the inspection department to ensure code compliance. The City Council'has considered this application including the findings and recommendations of the Planning Commission, reports by Cit>' staff, comments by the applicants and the effect of the proposed variance on the health, safet>’ and welfare of the community. The City Council finds that the conditions existing on this propert>’ are peculiar to it and do not apply generally to other propert>* in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring propert)'; would not merely serv'e as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficult>'; is necessary to preserve a substantial propert)' risht of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the Cit)'. Page 2 of 6 • • 1 CITYof ORONO IdisUm RESOLUTION OF THE CITY COUNCIL NO. 1 0 -*__ CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Sections 10.22. Subdivision 2 and 10.56, Subdivision 16 (L) to permit the construction of a wo story addition constitutmg ad i hardcover in the 75-250 ’ zone in excess of the 25% hardcover nonnally aUowed, subject to the following conditions: 1. 2. 3. 4. 5. Prior to footing inspection for the addition, applicants shaU remove landscape bed hardcover as shown on the sketch and list attached to this resolution as Exhibit A Hardcover in the 0-75 ’ zone shall be limited to 12 s.f. or 0.2%. and m ^e 75-250 ’ zone shall be limited to 5.770 s.f. or 31.7%. Applicants are advised that any future proposals to add hardcover on the propert>' will require a variance application and might be approved only in conjunction with removal of equivalent amouuts of pre-exisiing hardcover. The applicant shaU obtain an after-the-fact building permit for the screen porch, and a construction inspection shall be conducted by the inspection department. permit within one year of the date of Council approval, or this vanance will expire on that date (October 9, 1996). Tne undersigned applicants have read, understood and hereby agree to the terms o" this resolution and on behalf of themselves, their heirs, successors and assigm. hereby agree to the recording of this resolution m me cham of title of the property. Page 3 of 6 • ** * • • • ‘.i. L CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 610 Adopted by the Orono City CouncU on this 9th day of October, 1995. Edward J. Caiman,Mayor^^ STATE OF MINNESOTA ) ) county of HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 9th day of October, 1995, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono. a Minnesota municipal corporation and said instrument ’was executed on behalf of the City. ______HENNtPlMCOONtlf NoSr J. Notary Public Page 4 of 6 J CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. .tt 6 1 0____ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of (3c^ her'_______, 199^ before me a Notary^blic within and for said county, personallyappeared K>^JLur> 4- ir-()J.&c-n known to me to be the person(s) described in and who executed the foregoing instrument.and acknowledged that he (they) executed the same as his (their) free act and deed. Tn6u **®®®*®*®®®***LIN0AS^^***** Mv Commission Jin. 31.2C00 I P i77p I ■ I M f Ppp?T NOTT^Y PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On tliis day of , 199 before me a Notarj' Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC « Page 5 of 6 IV MUIBI i NORTH APPROVED HARDCOVER 0-75' Zone: (Zone area ■ 1500 s.f.) 12 s.r. deck & itair 12^500 - 0.2% 75-250* Zone: (Zone area - 18.210 s.f.) snoni AS loCAiio Auc ti. (KAIIII CtlyAMON » 929 Si rUT) 929 i CONtOUO---^ S’*p n> O Xr 5 M0‘ ,01 ’ON0 j-Uitbco\;6»t.To Be (2.ouw>vec> D ; ^ 2S22-30 mama north FO IRON approved hardcover 0-75 ’ Zone: (Zone area - 7500 s.f.) 12 s.f. deck & stair '' .ItOAO kAS ' 1RACT r no. 4772 12/7500 * p.2% 75-250 ’ Zone: (Zone area = 18.210 s.f.) 2030 s.f. Existing House 213 s.f. Apron/stcps/stoop/walk/wall 2316 s.f. Driveway 598 s.f. Patio/Dcck/Slair 425 s.f. Addition 195 s.f. Shed Sm's.f. Tot»l 5771/18.210 =31.7* 250-500' Zone: (Zone area = 2881 s.f.) 0 s.f. 0% \\ 0 u ^ ^ --------------------\_________________________________________ A'/6>. scTTaAc-jc. 'Oe;r. Qt GAROtN AhtA- ^ ''(no HAno*',covtn)'N I V ^('S'uc “ito''-“77-5i coHioun-. ilffi mjs J~l F^AA LAf^ * mk .4 ------ ri -^ L' ^ ^ , '5. ' » • W r-«'V « V^ •- ^.. HJ ' * # ^ "j ' V '•-w * j' . - . \ > *^4 '. ;Jrcr"*^ ?»• 7.5f. 1,- <-sh... -. •'I .' • r-v ■■ -V I ■ ^ ■ ■ f r m ite ’ ■ psr.P -'rc -x^ •.- ^ >' <> ; •I f- t. ' . ^-‘f ’ f Z- y V ' - *''»f; -------------- .S^ • :w^ *•--;«• u fen'^lUliMl • U'*S^. « «f < 'Siw " *,‘o - i-Vv* -^\. ;&.. -I.W • -f,j^4^'"»v '♦■i. ■ 'V-^-^' BcHi&ir J2. P4M J Date Applkatioii Received: 4-23-03 Date Application Considered as Complete: 7-11-03 60-Day Review Period Expires: 9-9-03 AUG 2 5 2003 REQUEST FOR COUNCIL ACTION ^ Date: August 22,2003 Item No.: Department Approval: Name: Janice Waataja](if^ Title: City Planner Administrator Approval:Agenda Section: Zoning Item Description: #03-2931, Timothy & Kristi Osterberg, 1045 Loma Linda Avenue, - Variance - Resolution Zoning District: Lot Area: LR - 1 B, One Family Lakeshore Residential District (1 acre minimum) .446 acres (19,429 s.f.) List of Exhibits A - Resolution per Planning Commission Recommendation B - PC Action Notice 8-20-03 C - PC Memo and Exhibits of 8-13-03 Application Summary: Applicant requests the following variances to replace an existing attached garage in approximately the current location: 1 . Front yard setback variance to allow a front yard setback of 28’ when 35 ’ is required. Planning Commission Recommendation Approval consistent with staffs recommendation. Staff recommended: 1 . Approval of the front yard setback variance due to limited alternative locations due to the configuration and topographical constraints of the lot. Staff Recommendation Approval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt the attached Resolution granting a front yard setback for 1045 Loma Linda Avenue, A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24 SUBDIVISION 5 (b) FILE NO. 03-2931 WHEREAS, Timothy & Kristi Osterberg (husband & wife), (hereinafter “the applicants”) are the owners of the property located at 1045 Loma Linda Avenue within the City of Orono (hereinafter the “City ”) and legally described as follows: Lots 26,27, & 28 Loma Linda, Hennepin County, Minnesota (hereinafter the “property”); and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 10.24 Subdivision 5 (b) to allow replacement of an existing garage 28 ’ from the front lot line where a setback of 28 ’ is normally required. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota; FINDINGS 1. 0 This application was reviewed as Zoning File #03-2931. The property is located in the LR - IB zoning district, which requires a minimum lot area of 1 acre and a front yard setback of 35*. 3.The Planning Commission reviewed this application at a public hearing held on August 18, 2003 and recommended approval of the front yard setback variance based on the following findings: a. The property is .466 (19.429 s.f.) in size when 1 acre is required. b. The existing garage has a front yard setback of 28 ’ and is proposed to be replaced at a setback of 28 ’. Page 1 of 5 c. Ihere are limited alternative locations for the attached garage replacement due to the configuration and topographical constraints of the lot. 4.The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5.The City Council finds that the conditions e.xisting on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring 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 w ith the spirit and intent of the Zoning Code and Comprehensive Plan of the Citv. 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 10.24 Subdivision 5 (b) to allow the replacement of an existing garage to be located 28 feet from the front property line when 35 feet is normally required, subject to the following conditions; 1 Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2.Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (August 25,2004). 3.Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 2 of 5 - J The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of the applicants and the applicant’s heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 25*** day of August, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) % f ■ Page 3 of S 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 n 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 ol the City. Notary Public fr Page 4 of 5 1 * < m j STATE OF MINNESOTA COUNTY OF HENNEPIN On this_day of appeared before me, , 2003,personally who is personally known to me whose identity 1 proved on the basis of whose identity I proved on the oath/affirmation of 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 appeared before me. , 2003,personally who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/afllrmation of a credible witness and who executed the foregoing instrument, and acknowledged that hc/she/they executed the .same as his^er/their free act and deed. Notary Public f * k Page 5 of 5 ^me>rf A FOR: CERTIFICATE OF SURVEY KRISTI OSTERBERG LEGAL DESCRIPTION: Lota 26. 27 Ac 28 LOUA UNnA u . ^. •if at ao LOMA UNDA, Hantiepin Coun^. UinnesoU. LOMA UNDA AVE. 130.0 Plat lat n» LT''? V 'V existing i I MOUSE Bitumlnoy$ Ofivt 19,952 SF I T- t.V^ /S I r\'r L.Ky ! I Z*/’*2?‘ J40.0 Plat I39.gs Srf6A6|c o#rto(«»Cdl 0«no(ef ^ound moni/men^ DEMARS- GABRIEL \UND SURVEYORS, INC. 3030 Horbor Lone No. Plymouth, MN 55447 Phone:(763) 559-090B ^/bc»«f ffowi# fny tfrtcl'suptrvuloVond'lh^ cm''o*d •*"* Lo«f of th« Stole of Mirmosoto Rtgioltrod Lond Swvoyor under the Oovid C. Crooit -i> /.g Reg. No. C\Ce\00AW\l7;69 0«. File No. 12169 Book-Poge 416/27 Scoic r-30’ •) CITY OF ORONO 2750 KcUcy Parkway P.O. Box 66 Ciystal Bay» MN 55323 (952) 249-4600 ZONING FILE: 003-2931 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: August 21.2003 TO: Timothy & Kristi Osterberg 1045 Loma Linda Avenue Orono, MN 55364 COPIES: TYPE OF APPLIOYTIONj^____ DATE OF MEETING: August 18,2003 Planning Commission recommended as follows: Approval of the front yard setback variance to allow a front yard setback of 28 ’ when 35’ is required. VOTE:FOR AGAtNST Applicant’s next scheduled meeting is confirmed as: City Council - Monday, August 25,2003; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission or Council minutes, they are available from the City Recorder after review and approval by the Planning Commission or Council. If you have questions, please call City Planner Janice Waataja at 952-249-4623. i N03-29JI Avgust 11,2003 Page I of 5 Date Application Received: 7-22-03 Date Application Considered as Complete: 7-22-03 60-Day Review Period Espires: 9-20-03 To:Chair Smith and Planning Commission Members Ron Moorse, City Administrator From:Janice Waataja, City Planner^ Date:August 13,2003 Subject:#03-2931, Timothy & Kristi Osterberg, 1045 Loma Linda Avenue - Variances - Public Hearing Zoning District: Lot Area: LR - 1B, One Family Lakeshore Residential District (1 acre min.) .446 acres (19,429 s.f.) Application Summary: Applicant requests the following variances to replace an existing attached garage in approximately the current location: 1. Front yard setback variance to allow a front yard setback of 28’ when 35’ is required. Staff Recommendation: Staff recommendations: 1. Approval of the front yard setback variance due to limited alternative locations due to the configmation and topographical constraints of the lot. Pertinent Zoning Ordinance Sections Section 10.24, Subdivision 5 (b): Lots. “The following minimum requirements shall be observed...[front yard setback of 35’].” List of Exhibits A - Application B - Survey C - Existing & Proposed Survey/Site Plan D - Proposed Plans E - Topography Map F - Submitted Hardcover Calculations G - Photographs H - List of Property Owners I - Plat Map Background 1 he house was constructed in 1940, prior to the City’s current requirements, with a forward facing garage setback 28.2 feet from the front property line. The house sits elevated on the lot with the interior side yard sloping downward. .% • # #03-2931 August 11,2003 Page 2 of S LOT ANALYSIS WORSHEET Lot ArcaAVidth; LR-IB Lot Area Lot Width Required 53,560 s.f. (1 acre)140’ Actual 19,429 s.f. (.446 acres)132’ Setbacks: LR-IB Required Existing Proposed Front 35’28.2’28.2’ Rear 30 ’62 ’62 ’ Left Side 10 ’58.3 ’58.3 ’ Right Side 35’29.1 ’ (house) 51 ’ (garage) 29.1 ’ (house) 47’ (garage) Structural Coveraee: Total Lot Area Total Structural Coverage 19,429 s.f (.446 acres)Allowed: 2,914.35 s.f (15%) Proposed : 1,921 s. f (9.9%) Hardcover Calculations: Hardcover Zone Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover 250 - 500 A A A 1 • 19,429 s.f t • a . • 5.828.7 s.f (30%) 3.001 s.f* (15.4%) 3,132 s.f (16.1%) Front Yard Setback Variance The applicants wish to replace their existing, dilapidating two-car garage. They will be essentially rebuilding it in the same location, although two feet further to the south to accommodate an existing tree. The two foot shift of the garage doesn’t affect the side yard setbacks, as there is substantial space between the garage and side property lines. The existing garage is 22 ’ x 24’ and the applicant has proposed a garage size of24’ x 24’ % .* M3-293I Auguil 11,2003 Page 3 of 5 (standard two-car). The added two feet of width will not put the garage closer to the street as the current front yard setback, 28.2 feet, will be maintained. Hardship Statement Applicant has provided a brief hardship statement in Exhibit A, and should be asked for additional testimony regarding the application. Hardship Analysis _________________________________ In considering appilealions/or variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property In the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provblons of the Zoning Code In Instances where their strict enforcement would cause undue hardship because of circumstances unique to the Individual property under consideration, and shall recommend approval only when It Is demonstrated that such actions will be In keeping with the spirit and Intent of the Orono Zoning Code. Staff finds that the front yard setback variance request is reasonable because of the topographical constraints of the property. If the garage were placed in the side yard adjacent to the street the side yard setback could not be met. Another possible alternate location could be in the rear yard although the drawback would be that it's detached and would have to be served by a long drive and would be in close proximity to the house. Also, an attached garage could be placed on the south side of the home, although the property slopes downward significantly and fill would have to be bought in so the garage could be at the same elevation as the existing home, drastically changing the character of the lot. Therefore, staff finds that the current 28.2 ’ front yard setback is the most feasible. 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 applicants have stated that the current garage is rotted and falling down. Short of the owners not rebuilding a garage, a variance would be required for the property to have a garage. 2. “The plight of the landowner is due to circumstances unique to his property not created by the landowner." The topographical constraints of the property are unique and not created by the landowner. 3. “The variance, if granted, w ill not alter the essential character of the locality." Should a variance be granted or not the property will exist as it exists today ' % 4. 5. 6. 7. 8. 9. 11. gammi W3-293I August 11,3003 Page 4 ofS because the proposed changes are very minor. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter.' Not applicable "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall ^ granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." Not applicable "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." The proposed use is a use allowed in the LR - IB zoning district. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." Not applicable “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." There are topographic constraints to the property which are peculiar to the land in question. Also, the orientation of the house creates a hardship. “The conditions do not apply generally to other land or structures in the district in which said land is located." The orientation and topographical characteristics of this lot is unique. “ The granting ot the application is necessary for the preseivation and enjoyment of a substantial property right of the applicant." Other than to severely limit the location of a garage, a variance is necessary for the applicants to replace the existing garage. “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." M3-3MI AttgNstIl.2003 Page 5 of5 The proposal is not contrary to the intent of the Zoning Ordinance. The property will exist in the manner that it exists today. 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." The granting of the variance will alleviate hardships inherent to the property. Issues for Consideration 1. Should the garage be moved to a location that meets ordinance even thought that location isn’t the most feasible and would change the character of the lot? 2. Does the shifting of the garage two feet to the south create any problems? 3. Arc there any other issues or concerns with this application? Staff Recommendation Approval of the front yard setback variance to allow a front yard setback of 28.2 ’ when 35’ is normally required due to the topographical and setback constraints inherent to the property. »•, A.*.’ * s r'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 structmes $250.00 After-the-Fact Fees (Double application fee) Application # Date Received 7-3 ^-03> Amount Paid SSO«° PROPERTY INFORMATION Site Address L Property Identification Number (P.I.D.) O'k- W~1 Attach legal description to application if not included on required survey. Date Property Acquired______^________________________________(month/year) I (do) (^bjio^ also own the adjacent parcels of land. Present use of property: V residential ___pother (specify). Zoning District:______\ 1^_____________________________ APPLICANT . . Address: L/y»wv- Lu/\clfi Phone (home) _____ Phone (work) City: 0\/<3v\o Zip: OW'NER (if different than applicant) Name _________________ Phone (home). Phone (work)_ Address:City:.Zip:. DESCRIPTION OF REQUEST Describe request in detail: dgywnl \J ^ VR. f Estimated Construction Cost $ 3D^fypp> (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area _____Lot Width X_ Setback: Front ___Side Other (specify)___________________ Hardcover Rear Lot Coverage Average Lakeshore HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing I2E (attach additional sheets if necessaiy) J4. C} d rwritVi A*'cM . • ••1 ft, 'V 0 . y)•*. *. • • •• • // -■'^xi>*cc?^ •• • required submittals .PPlN,l.n d..d„ne H... .. Completed ADoHcatinn Pm™1. 2. 3. ^ Completed Application Fom Certified Property Oxvners List of owners within 1 sn* i,k i ^ . obtain this list, labels and map fi-om Hennenin rmmtJ n ^ Govt Center, 348-5910). ^ «ennepm County Department of Finance, A-603, 4. calculations as requhed^.^'^^^ additfon ‘"^lude hardcover 5. 6. -e£roduct|o^^ -------- -- copy 8/r x 11« for xTr'forT ‘ d"r^Sketches or plans of floor & elevation view. fL.Z.J' J?'' 7. 8. a property. This would include name(s) of Sca^tf^r®"' /m As an addendum to this application pleJe attLh a r owner(s). you wish notified of this application*^ ^ separate list of any other persons ^ Additiona, itents as ntay be'^e,nested by City staff. WU APPLICANT'<5 istinVATriDr/APPLICANT'S SIGNATURE Admirdstrator, agrees^to^^y IdditiSfeM^(]taf by the Zoning consultant expenses incurred in review ofShirinolica ^ supplied is true and correct to the best of Ws^J^^o^ information Applicant's Signature OWTS’ER’S SIGNATURE /” / change prior to the meeting. B“«<lmg & Zoning Office of this ' .7.«•. a ■•/ »I?1 ^ • *I & FOR: CERTIFICATE OF SURVEY KRISTI OSTERBERG l£GAL PESCRIPTtON: Lots SO, S7 Oc SO LOUA LINDA, Hennepin County, Uinnesote. LOMA LINDA AVE. Of tttum/fioua food Oenotes Iron monu/noni Denotes found monument vO-V I I )• I ri C;\EJ»\WWw\»2l«J W; DEMARS-GABRIEL AND SURVEYORS, INC, 3030 Harbor Lone No. Plymouth. MN 55447 Phone:(763) 559-*090d __________________________________________________ Dovid C. Crook o«»-IBrwi. Rog. No. ■5“•1 22414 =iF File No. 12169 Book-Poge 416/27 Scole r-30’ ••V. wf o FOR: CERTIFICATE OF SURVEY KRISTI OSTERBERG LEGAL DESCRIPTION: Lots 20, 27 ie 20 IOKF a ttMnA ti i r,cf ee aa lqma UNDA, Hennepin County. UtnnesoU. LOMA LINDA AVE, •^9 of tiiumtnooa DEMARS-GABRIEL LAND SURVEYORS, JNC. 3030 Horbor Lone No. Plymouth. MN 55447 Phone:(763) 559-0908 row^o*'lh ’.“S‘o'f C:\CF\0RAW\12:63 Cw. File No. 12169 Dovid E. Crook Oolt: - \P Reg. No. Book-Poge 416/27 ‘ ^ 'V rv'Co>^V I----.„•_________v' /£>yr ic^ i;. .•‘ *5. ^eftnti^tep CBPiTSeS <KtJ ^qciSil Setufeef/ O&f (ji{U u/w^ m <5^ 9 V / ’ ——^"'1 liiiiitlriiMiit-'"*^*"***^ /:r^%, ^ jf^ S,o / 34W o(r tttjc ^ '’/• ♦• • ^ • ••. •.* J4rl>^I 2S5^*.( />wa O/K.'Bi<*^ C*/«6 f<// " /:Jfeb,r . Ijjefi^i 'isixsmi'i fWfWV I HARDCOVER CALCULATION WORKSHEET. SETBACK ^NE: (aRCLEONE)0-75' EXISTING HARDCOVER IN ZONE A. House- IA\ AX A3 Ungih _1£l X X X B. Garage C Driveway X X D. Sidewalk X X E. Patio/Deck 61 X X F. Landscape Underlain By Plastic Or Fabric X X X G. Other PROPOSED HARDCOVER IN ZONE A. House 33- vT;; Hi AX H3 Length % X X X B. Garage C. Driveway f s V.yi;5i). Sidewalk X X \]\ V -iE. Patio/Deck ^ ei X X X X Landscape Underlain By Plastic Or Fabric X X X G. Other ariVeutY 75-250' a7 WUih -122- Alk TOTAL HARDCOVER IN ZONE - ror/4L PROPERTY AREA IN ZONE Wubh <^4 TOTAL HARDCOVER IN ZONE - rOWL «?0/»£K7r.4Afi4 IN ZONE A + B J3L3&^ RCril&lt ]p ^^50-5oqy soo-iooo’ + B x/OO m \,c^^S.F. m SF. m LPi SF. =7»;x SF. SF. (fiti SF. *»SF. B SF. e •SF. ■B 4*0 SF. B <ofn SF. SF. ■»SF. «SF. ^cA SF. *^.C01 S.F.yl iTi SF. •»\5.o % -S.F. S.F. m t.F>S.F. a S.F. rt S.F. ________S.F. B S.F. B S.F. B S.F. B fe3 S.F. B l^C?S.F. kar S.F. B S.F. B S.F. ??o<4 S.F. “‘5.F.A S.F. -___L15J_% • 4 . B B finSTtM FOR: CERTIFICATE OF SURVEY KRISTI OSTBRBERG LEGAL DESCRIPTION: Lota 20, 27 Sc 28 lOMA UNDA, Uennepia County, Minnesota. i * 'li) o "^1 LOMA LINDA AVE. _9dgo of bituminous rood o Denotes • Denotes iron monument found monument __£ux:.c, _________ File No. 12169 Book-Pcge 416/27Oovid E. Crook —Cr Minn. R«9. No. 22414 Scale r-30 ’ DEMARS-GABRIEL AND SURVEYORS, INC. 3030 Harbor Lone No. Plymouth, MN 55447 Phone:(763) 559-0908 169 CMC vl ’ llvii " ***^ 7^^ f V It <'y UV -4 VA ^ !.'■ ‘ mI'-v i: - .i u f ‘ iCA. li\(\ Acl :\s< v5:i a »-*."r K V <v V-V >-r. *’'•: i-: L-'* ■„.-.2^' iL* ^ <;''-<^ ,‘•v•‘A^^ '--N A* •• ^ vji^ * ^ sk :'^Kig-'rdNs J yjfe •. ;I \- • ' >■ - >''• •_ ,•.•'■ *" y** ' ........ -■csai ii ■»^*fw^rs^: mi .vfej: i V--T __ .....Mi ^3 cs \ mm. p>i vlvf ;"^s,M,)fe?»«i> ■' 4\ f i il I :1I m:t«53» •• :x<. ^’^4 9 ♦ ♦.W. V } >t ' J,> *-..^i II n' -i4 * «s|jp3f§^'y*r^- % . '/ ... ■Ntt'-^,.;;..'^’'- . » * '.A.tji • i '’■iif.,»flP5S '-4r i-'..'V '; **' ^^■'■'•^^41^ • •>#> •.x » «;. i i; . V. v/. . > -v^. >«X»< .V- * ^ • .4- r .!lil!rv•«^ ’’■ i"*.ir V 4 > vy^'. - ^ ‘ \,Jvl Mite P^ll.- .A - i -1 if.-,-.’,m»ii v."' ";-l <■ . ; V, ^56 __ ■ V>-- : < ^^V--. .^.<X "0W&^ ♦S» ;, ''■ "::Ci..;Wy.^. -.-i''■■‘'r "csr^ - V :* ’ 4?' ; .. . . . »^ack :.! '>■, ^ •■' 'V% x>;:x «?■\tii >a«v ::^4C ..ir ^. K.Iri ^WV mm ■ .■*'.^' .‘T. v*^ «s^ J A-*. • ’ ♦ , i’iSTX-a,, ! .'•." '- v*^'* V^‘ . fi W€T. ■•,w ---------▼* ' wm l|M - «V ..w • >?.4'4' « mm 'j • A • jA •u.k X N V ' •' /( M*? m r“ .1 / . . • .T " j. L - ' V V > V "• IC.C/V 552S • • 4V • •’ f- ■'' ■ Vi » ' •'rt^lsll Sfclg Vjs fj> I ; If;r III I ' \ '/ ’'• '■' i” **•v’.'.. /, . 1* * t ** ms^ ■ ■ - .:..i.-«^ai^^ I'V •.- •M • ' • V ;».*»• • >..•-fw .'J .• '.A r.:r*1 ■ f' iMW I ‘•• • •' *'•' ^ ' ■ • * ' i • '*• \ •■ , ' . . •• ‘ • ' * < - • \ » ' • ‘ ;: ' * S. .. ‘I..4 . * C’.vTi#- RUNDAIt://'"''*] 38 0811723230006 PROl* ADDR 1058 LOMA UNDA AVE OWNER NAME TM AM LSCHAIDLE TAXPAYER TODD M A MICI lELLE L SCHAIDLE NAME/ADDR 1058 LOMA UNDA AVE MOUND MN 55364 38 0811723230009 PROP ADDR 1082 LOMA UNDA AVE OWNER NAME D R JOHNSON A L M X3HNSON TAXPAYER DEAN RA USA M JOHNSON NAME/ADDR 1082 LOMA UNDA AVE MOUND MN 55364 38 0811723230019 PROP ADDR 1135 LOMA UNDA AVE OWNER NAME MCTllURLOAOSTllURLO TAXPAYER MARK TllURLO A DEORA THURLO NAME/ADDR 1135 IjOMA UNDA AVE MOUND MN 55364 38 0811723230022 PROP ADDR 1045 LOMA UNDA AVE OWNER NAME T G OSTERBERG/K J OSTERBERO TAXPAYER TIMOTHY G/KRJSTIJ OSTERBERG NAME/ADDR 1045 LOMA UNDA AVE MOUND MN 55364 38 0811723230028 PROP ADDR 1040 LOMA UNDA AVE OWNER NAME LAPELUnTASHPELLETT TA3CPAYER NAME/ADDR LOREN PELLETT 1040 LOMA UNDA AVE MOUND MN 55364 HENNEPIN COUNTY PROP'' INFORMATION SYSTEM PROI*EI;rYO tSLIST PAGE: I 38 0811723230007 PROP ADDR 1066 LOMA UNDA AVE OWNER NAME CAROL MRADUNZ TAXPAYER CAROL MRADUNZ NAME/ADDR 5505 RIVER BLUl’l' CIR BLOOMINGTON MN 55437 38 0811723230008 PROP ADDR 1074 LOMA UNDA AVE OWNER NAME MARGARET E MATTSON TAXPAYER MARGARET E MATTSON NAME/ADDR 1074 LOMA UNDA AVE MOUND MN 55364 38 0811723230010 PROP ADDR 1090 LOMA UNDA AVE OWNER NAME T W PETERSON A T A PETERSON TAXPAYER TROY W & TRACT A PETERSON NAME/ADDR 1090 LOMA UNDA AVE MOUND MN 55364 38 081172323001I PROP ADDR 1098 LOMA UNDA AVE OWNER NAME DENEEN SCHOENKE TAXPAYER DENEEN SCHOENKE NAME/ADDR 1098 LOMA UNDA AVE fc.tXJNDMN 55364 38 0811723230020 PROP ADDR 1127 LOMA UNDA AVE OWNER NAME DALE FROTH TAXPAYER DALE FROTH NAME/ADDR 1127 LOMA UNDA AVE MOUND MN 55364 38 0811723230021 PROP ADDR 1119 LOMA UNDA AVE OWNER NAME WILLIAM JPOLURDETALTRST TAXPAYER WILLIAM J POLLARD NAME/ADDR MARGARET M GAGNON-POLLARO 1119 LOMA UNDA AVE MOUND MN 55364 V/*Vvuv'/#i 38 0811723230023 PROP ADDR 1035 LOMA UNDA AVE OWNER NAME R C BROWN & M A BROWN TAXPAYER ROSS C&MEUNDA A BROWN NAMIi/ADDR 1035 LOMA UNDA AVE MOUND MN 55364 38 0811723230024 PROP ADDR 1038 LOMA UNDA AVE OWNER NAME R B ANDERSONA J A ANDERSON TAXPAYER R BA J A ANDERSON NAME/ADDR 1038 LOMA UNDA AVE MOUND MN 55364 tO W 38 0811723230029 PROP ADDR 1056 LOMA UNDA AVE OWNER NAME K R TRITZ A S TRITZ TAXPAYER KEVINASUELLYNTRITZ NAME/ADDR 1056 LOMA UNDA AVE MOUND MN 55364 I CERTIFY THATTIIE FACTS REPRESEWTED 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 1a T- m Hennepin • * #. » ; u/Xi>V Hennepin County..- v Taxpayer Services Depai^tt^lliiii 40 »o ^ 31 %• 60 30 (23) 60 «2 «o •• •• 60 0 60 30 to 60 m 37 5 (22] SO •o 26 ft 40____• • ; 60 a • 0% >' 60 •»’ ig‘(k V % ##• • • to m IT t20 21 32 5 »§*>23$•> \(24) 40 b 60 40 Si 0 ^SO8 508 ft7 S raj 8 8(9) “ / * y^o;* «/ '^^^C(11)l/ 2f0 (12) 40 60 60 0 • • • 5,p ' R 17-ns,r26; 40 60 «/ W UBS 2IB U 9 7B0M o) r'^ =7’^" /' .1 .- .•t-’ .*) Parcel Information '7»arcel ID 0811723230022 House Number 1048 Street Name LOMA LINDA AVE • 'vt; ;• This is not a legatty reco/dad map. It reprasants a compilation of infomnation' anddataffom City, County, andStala roadauthoritias andotharaourcaa. Date Appikation Received: 07*29^)3 Date Appikation Considered as Complete: 08-0543 60-Day Revkw Period Expires: 10-08-03 W 2 5 2003 r ur- ORONO REQUEST FOR COUNCIL ACTION Date: August 20,2003 Item No 03-2932 // Department Approval:Administrator Approval: Name: Melanie Foth f//m Title: City Planner Agenda Section: Zoning Item Description: i^03-2932 - Michael Hayes Homes on behalf of Albert Trapanese, 3220 Bohn’s Point Lane - Variance - CUP - Resolution Zoning District: Lot Area: Lot Width: LR-IB, Single Family Lakeshore Residential, I acre/140* width 1.44 acres (62,835 s.f.) 183.5 Lbt of Exhibits: A - Resolution per Planning Commission Recommendation B - PC Action Notice 08-20-03 C - PC Memo & Exhibits as of 08-18-03 Application Summary': 1 he applicant is requesting a Conditional Use Permit to place a detached accessory structure on a through lot, and also a variance in order to place that detached accessory structure 20’ from a street side lot line where a 35’ setback is required. Planning Commission Recommendation On August 18,2003, Planning Commission voted 5-0 to recommend approval of the variance and conditional use permit. Staff Recommendation Approval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. i A RESOLUTION GRANTING A CONDITIONAL USE PERMT PER PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 10 AND VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5(B) FILE NO. 03-2932 WHEREAS, Albert & Cher>l Trapanesc, husband and wife, (hereinafter "the applicants") are the owners of the property located at 3220 Bohn ’s Point Lane within the City of Orono (hereinafter the "City") and legally described as follows: Lot 1, Block I, Bohn's Point Addition, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 10.24, Subdivision 5(B) to place a 25’x 35' detached garage 20' from a street side lot line where a 35’ setback is required. Additionally, the applicants have requested a conditional use permit in order to construct a detached accessory structure on a property which is considered a “through lot" by City Ordinance. Minnesota: NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #03-2932. 2. The property is located in the LR-1B Zoning District, which requires minimum lot area of 1 acre and minimum lot width of 140'. Ihe area of the property is 1.44 acres (62,835 s.f.) and defined lot width is 183.51’. 3. 1 he Planning Commission reviewed this application at a public hearing held on August 18.2003 and recommended approval of the side street setback variance as well as approval of the conditional use permit, based on the following findings: 1 A i a) The property has frontages in the front and rear of the property making it a through lot. b) The detached garage is considered an accessory structure, and c) The variance of 15’ is supported by the hardships of the location of the existing driveway, the proximity to the house, the densely wooded rear yard, and the fact that the lot is a comer lot. d) The location of the proposed detached garage will be setback so as to meet a 20’ street side yard setback. c) The proposal will not have a negative impact on light, air or open space in the neighborhood. f) Vegetative screen and privacy fence along Bohn’s Point Road should be maintained to avoid future visual impacts as viewed from Bohn’s Point Road. g) Densit) of the vegetation on the lot should be kept such that the visual impact from County Rd S1 is minimized. h) No access to Bohn’s Point Road should be allowed for proposed garage. 4. The City Council has considered this application including the fmdings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variances on the health, safety and welfare of the community. 5.The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district: that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely ser\ e as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Sections 10.24, Subdivision 10 to allow a 20’ setback where a 35 ’ setback is required, and a conditional use permit for the construction of a detached garage/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. Any amendments to the site plan which are not in conformity w ith City codes will require further Planning Commission and City Council review. 2. V’egetative screen and privacy fence along Bohn’s Point Road are to be maintained to avoid future visual impacts as viewed from Bohn’s Point Road. 3. Density of the vegetation on the lot shall be kept such that the visual impact from_ County Rd 51 is minimized. 4. No access to Bohn’s Point Road shall be allowed for proposed garage. 5. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or tlie variance and conditional use permit will expire on that date (August 25, 2004). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. 1 lie 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 25th day of August 2003. 1 4 1 ‘.1 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. 3 r- .1 STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of ,2003, personally appeared before me, ____ who is personally known to me ____whose identity 1 proved on the basis of whose identity I proved on the oath/afllrmation 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 I ' and who executed the foregoing instrument, and acknowledged that he/she/the> executed the same as his/her/lheir free act and deed. Notary Public % f ' 0 Established in 1962 LOT SURVEYS COMPANY, INC. LAND SURVEYORS REGISTERED UNDER THE LAWS OP STATE OP MINNESOTA 7001 7Sr4 North 703-000-3003 HlBOMpoUi. MIbboooU 60410 No. 000-3030 66285•>IVOICE NO. 853-/2 r - 40*SCALE: ______ O OmIoo Iron liowiMfil (msJ Dmloo «oo0 140 Sot for oscovolion orif ^ururijors (Srrltftrntr MOOifU Oifioloo Ciiollnf Dowollon ^ Oonotoo NPO0OOO0 Dovollon « Oonotoo Sirfoco Proinofi M/KE HAYES Proporly locotod In SocUon 0. Townihlp 117. Ranfo ?3 Honnopin County. Mlnnooola RISlOINCt No 3030 B0V\N' o <oon a CL Xo CD Lot 1. Block 1. BOHN' S /OMT ADDITION >7' u c:» /c Tho oooomonli thoon oro from pioU of rocorO or Miformotion proviOoO by cio . «o hvob* cortify ttiot INi it O truo on4 cerroct roproionlotion of o oirvoy of Ibo boundoriot of Ibo Obovo OoocrOod lonO ond Iho location of «i buMbift ond iiiHi oncroocbmontt, »f ony. from or on ••d land Wvoyod by no INo—of — ■■■ Mha hod jr «. No.3mj or ROf No 04002 H » BlUlBirA MdMihiUiiaaAai r trfMi I • CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Ciystal Bay, MN 55323 (952) 249-4600 ZONING FILE 03-2932 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: August 20,2003 TO; Albert Trapanese 3165 North Shore Dr Orono, MN 55391 COPIES: Michael Hayes Michael Hayes Homes 6998 Kenmare Dr Bloomington, MN 55438 PROPERTY: 3220 Bohn*s Point Lane TYPE OF APPLICATION: CUP (Accessory Structure on a Through Lot) & Street Side Setback Variance DATE OF MEETING: August 18,2003 Planning Commission recommended as follows: Approval of variance and conditional use permit as submitted with the following conditions; 1. Vegetative screen and privacy fence along Bohn’s Point Rd are to be maintained. 2. Density of the vegetation on the lot be kept such that the visual impact from County Rd 51 be minimized. 3. No access to Bohn’s Point Rd for proposed garage. VOTE:5 FOR 0 AGAINST Applicant’s next scheduled meeting is confumed as; City Council • Monday, AugusI, 25,2003; 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 City Planner, Melanie Foth at 952-249-4627. F ' tv i i03<2932 August 14.2003 Page 1 of 5 Date Application Received: 07-29-03 Date Application Considered as Complete: 08-05-03 60-Dav Review Period Expires: 10-08-03 To: From: Date: Chair Smith and Planning Commission Members Ron Moorse, City Administrator Melanie Foth, City Planner ||\/U^ CONSENT AGENDA August 14,2003 Subject:#03-2932, Michael Hayes on behalf of Albert Trapanese, 3220 Bohn ’s Point Rd - CUP & Variance - public hearing Zoning District: LR-1B, Single Family Lakeshore Residential, 1-acre Lot Area:1.44 acre (62,835 s.f.) Application Summary: Applicant requests a conditional use permit to construct a detached accessory structiue on a through lot, and a side setback variance to place a 25’x35* garage 20* from a street side yard setback where 35 ’ is required. An accessory building on a thn igh lot requires a conditional u.se permit. The purpose of the conditional use permit in this instance is to assure minimal visual impact on neighboring properties and views from the road. 1. The proposed accessory structure would meet all other standards for this district. Staff Recommendation: Staff recommendation: Planning Department Staff recommends approval of the requested variance and conditional use permit provided the following conditions are met: 1. Vegetative screen and privacy fence along Bohn ’s Point Rd are to be maintained. 2. Density of the vegetation on the lot be kept such that the visual impact from County Rd 51 be minimized. 3. No access to Bohn ’s Point Rd for proposed garage.______________________ Pertinent Zoning Ordinance Sections y 10.03.10 Conditional Use Pernriji Rcqw^'red. All accessory buildings on through lots located in "R” Districts .»haU require a conditional use permit, v' 10.03.9(D) Accessor)’Building Location: No detached garage or accessory building shr.il be located nearer the front or street lot line than tlic principal structure. ^ 10.03.9(E) Accessor}' Building Setbacks: Accessor}’ structures in e.xcess of 750 s.f. footprint area shall be located at least 15 ’ from any lot line. 10.03.12 Crowding Principal Building: No accessory structure may be located within 10’ of the principal building ^ 10.09.6(.A)(3) Granting of a CUP: Vr^r proposed conditional use will comply with each of the applicable provisions of the Zoning Chapter. ^ 10.24.5(B) Lot Requirements: Side yard setback adjacent to street shaH be 35*. a , • A. •03-2932 August 14, 2003 Pag« 2 of 5 List of Exhibits A. Application B. Hardship Statement C. Existing & Proposed Surv'cy/Site Plan D. Plat Map E. Submitted Hardcover Calculations F. Photos O. Property Owners List Background In 2000, the applicants remodeled the interior of the home. Upon applying for a building permit for their attached garage in 2003, the applicants were notified by City staff that a conditional use permit and variance were required in order to construct their garage as proposed. Applications were then provided to the homeouiter to begin the CUP and variance process. Conditional Use Permit Analysis The subject property is a comer through lot. A conditional use permit is required to construct any accessory structure on a through lot. The intent of the Zoning Ordinance is to ensure that the project is reviewed to protect sight-lines from roadways and neighboring properties. The subject lot is heavily wooded. It was chosen by the owners for its wooded character. Care was taken with the initial construction of the home to preserve as many trees as possible. The proposed garage would utilize the existing driveway with a minimal 200 s.f. addition. A privacy fence runs along the eastern property line along Bohn’s Point Road and is heavily vegetated. The visual impact of the garage from Bohn’s Point Road is non-existent. Additionally, the location of the proposed garage is set back 180 ’ from V-ounty Road 51 when 35’ would normally be required. The distance and the vegetation minimize the visual impact of the garage from the road or from properties to the North. LOT ANALYSIS WORSHEET Detached Garage Setbacks; The placement vi the proposed garage was determined by the heavily wooded lot. The proposed location w ould require no additional removal of trees and will require minimal additions to the existing driveway, thus keeping the hardcover for the property well below the allowed 35% percent at 16%. LR Required Proposed Front 35’114 ’ Rear 35’180 ’ East Side 35’moCNRight Side 10 ’155 ’ » . i I J #03-2932 August 14,2003 Page 3 of 5 Structural Coverage; Total Lot Area Total Structural Coverage 62,835 s.f. (1.44 acre)Allowed: 9425.25 s.f. (15%) Existing: 3508 s.f. (5.5%) Proposed: 4343 s.f. (7%) Hardcover Calculations; This property is within the 500 ’-1000 ’ of Lake Minnetonka. The proposed hardcover will be below the maximum coverage percent by 20%. Hardcover Zone Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover 500- 1000 62,835 s.f.21,992.25 s.f. (35%) 9198 s.f.* (15%) 10,233 s.f. (16%) After exclusion of fabric or plastic-lined landscape beds Side Yard Setback Variance This property is a corner, through lot, which requires a 35 ’ setback on 3 sides of the property. A 15 ’ separation is proposed between the existing home and the proposed garage, where only a 10 ’ setback from the principal structure is required (10.03.12). Even in meeting the setback from the principal structure, the side setback would not be met. However, the vegetation and privacy fence screen the proposed building from Bohn’s Point Road on the east, and the building would meet the rest of the setbacks and requirements for the District. Additionally, this detached garage meets the 15 ’ setback required in 10.03.9(E). Hardship Statement Applicant has provided a hardship statement in Exhibit B, and should be asked for additional testimony regarding the application. Hardship ‘.nalysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause uncue 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. ____ To es aluate the visual impact of the proposed garage an on-site inspection was conducted by staff which revealed unique circumstance of dense tree and vegetation coverage. Staff finds that the maintenance of large trees and additional vegetation on site, the natural location for the proposed garage, along with the homeowner’s desire to minimize hardcover by utilizing the existing driveway would constitute a hardship in this'tase. At 15 ’ from the principal structure the proposed garage meets the 10 ’ setback required by M3-2932 August 14,2003 Page 4 Of 5 code. If the structure were moved S’ closer to the principal structure a side street variance would still be required. Staff would make the following recommendations in regards to the criteria for “undue hardship’’ pertinent to this application: 1. 2. 3. 4. 5. 6. 7. 8. “The property in question cannot be put to a reasonable use if used under conditions allowed by the o ’’ icial controls." In the opinion of staff this .riterion is not met. “The plight of the landowner is due to circumstances unique to his property not created by the landowner." In the opinion ofstaff this criterion is met. "The variance, if granted, will not alter the essential character of the locality.' In the opinion ofstaff this criterion is met. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." The applicant has not indicated economic consideration as a hardship. In the opinion ofstaff this criterion is met. "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 constr::r*''n as defined in Minnesota Statutes, Section 115 J.06, Subd. 2, when in harmony with this Chapter." h'/A “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." In the opinion of staff this criterion is met. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." N/A “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The property is a through lot, which also happens to be a corner lot, thus has 3 side yards which are adjacent to streets. The side yard street setback is more restrictive than a side yard adjacent to another lot. This property has sufficient area and screening to allow for minimal impact from each of the adjacent streets. In the opinion of staff this criterion is met. 1 r #0:^2932 August 14. 2003 Pags 5 of 5 9.‘‘The conditions do not apply generally to other land or structures in the district in which said land is located." /4 corner through lot is not a common situation in any district. In the opinion of staff this criterion is met. 10.‘‘The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." In the opinion of staff this criterion is not met. 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." In the opinion of staff this criterion is met. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficuity.” In the opinion ofstaff this criterion is met. Issues for Consideration 1. Are the vegetative screen and the fence significant enough to minimize the impact of the reduced setback? 2. Would granting the setback variance contradict the conditional use permit requirement that the accessory structure on the through lot meet all code requirements? 3. Are there any other issues or concerns with this application? Staff Recommendation Planning Department Staff recommend approval of the requested variance and conditional use permit contingent on the following; 1. Vegetative screen and privacy fence must be maintained along Bohn ’s Point Road. 2. Sufficient vegetation and trees must be maintained to provide screening from County Rd 51. 3. No access to Bohn ’s Point Road to the proposed garage. *• * I i • Application #02 ^293^ Date Received *7 —2^^ d>3 CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S2S0.00 (SSO.OO per each additional variance) Renewal Variance Fee SI50.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) Amount Paid PROPERTY INFORMATION Site Address________33aiO Qn 1%w/ S Piilzwir Property Identification Number (P.I.D.) OX- //y- Vy- QOQC__________ Attach legal description to application if not included on required survey. Date Property Acquired_____________________________(month/vearl I (do) (do not) also own the adjacent parcels of land. Present use of propertvy X residential ___^other (specify). Zoning District:______1/3 ____________________________ APPLICANT Name Address:if kf City:. Phone (home ) Phone (work)__________________ Zip: Y •? y 0^'’NER (if different than applicant) Name ’^lAprtM'sc Phone (home) __Phone (work)_ Address:City:.Zip:. Estimated Construction Cost SDESCRIPTION OF REQUEST ___________ Describe request in detail: cUav/^.-: siJr ! 1=:^. (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width Setback:Front Side Hardcover Rear Lot Coverage Average Lakeshore X_ Other (specify) C uaj HARL IIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difliculty or unusual property conditions preventing compliance with Zoning Code requirements:________________ ________________ fj, \L 77^ 5 / _ # __________ (attach additional sheets if necessary) •JX o Q O O it /W O' p. /w 1 } • • »! • • required submittals All folipwine informattop mu«t hi. suhmtt»i>rf k., #1,- annllratlnn -1 * , Lor VPMr application to hP ronsidergd ^—afipHcafiop 4wdHne daty |n ordej 1. 2. 3. 4. 5. 6. 7. 8. Completed Application Form 2sssT'^rr,srt;ss':'ff;tr --r ••Ske,ch.. P1.J.S of floor & o,ev..i„„ ,^ivX4 0.1. (1^0^11^- "l in r “7? “ - wkf* “P>«'= W« ofa.n.11 perron. Additional items as may be requested by City staff. ‘ ^rrprtMion'’rpyepmXt.7tx:Hng:rr^ ■y*' ^ ATPLICANT'S SIGNATURE Administrator, agrees^to ^y additionalfees^cItaT/^^^^ Zoning consultant expenses incurred in review of this anni.ra,' ongmal fee payment) and'or supplied i, m.e ,„d correct to the best of his^ir^owleltel: Applicant’s Signature Date OWER’S SIGNATURE entQ, onto the propert/by'cl ” «aff!^^uham“ agemrCoiS^is^'"'" "“o"*’' members for paqroses of investigation and verificat’ion of this r^lsl ” ’ Owner’s Signature Date Applicant must have all submittals into the City offices 25 riav« ,u ». • Meeting. Planning Commission Meetings Ixt held on th^ ^J^ng Co^ission Applicants must be present at all scheduled review meetinM «f a Council. If an applicant is unabie to attend a scheduled mSitn ***1*^'*“" Commission and have an authorized agent attend in your place and to^advise change prior to the meeting Bmldmg & Zoning Office of this eff i \ • • » I 1 A FROM I FfiX NO. : TKumtii Oct. 31 2002 05:l3Pri P2 T-S!2 ^.D92/||91 ^}So A4|iceot Prep*ny Owacn' Aekaewlcdsemcat Form X (we) — LJge..llJpb(^ __of 3J»^ BnhiS Pf /,p [print addreis]uviot nime(s)] haw xovtewid the plant to the pn>posed impioveznent or ptopoiad use of the Kopeny m f^u.. Mfchlio leftned to u Land Use AioOicatum No. n?VD Q Jt. I (sm) muteftand tori to aeajtog tWi actaw^ Mare approval or dis^ipraval of the pippcrQr or uie hut aoerely to eonffam to the City Couaeu that X (we) am (are) aware of the intprovemem pleas and fiat the piopoied aetobbor^s peqjeet or bsa re^ei Conceil approval • . Fropcriy Owner Date Ptopeity Owner Date I (we) (print name(s)](print address) have reviewed the plans to to proposed totprovemeot or propped use of to piropeity at - — alio tetored to as Land Ute Application No.______ ! (we) undentand tot to eneeating this acknowledgemaat. I (we) am (are) not to deelaxe aPIU0'’sl diaapprova! of to property or use hut reerely to confinn to the City Couaefl (to 1 (we) am (are) aware of to improvement plaas and to to proposed neighbor's project or tise roquiraa Council appro\nl. PreperQr Owner Date ftepe:^ Owner Date If you have arty toformatioo tot nuy asrist to City to to review of this Land Usa Application, plaasa lubnut your cotnmanto to to Building & Ofllca at least 10 days prior to to sdiadulad aeetiog date. > A FROM :FPK NO. :Oct. 25 2002 04:32AH P2 Zoning AppUcation #03-2932 3220 Bohn’s Point Road Detailed Hardship Statement The proposed garage location is reQueated for the following reasons: 1) To miidnaae the inyact oFhardcover 2) On the M back to Bohn's Point Road there is a d foot high fence with Bm^on it. Thus decreaaiqg the set back for the garage will be barefy 3) The only wqr to avoid decreasiqg the set back would be to place the pressed garage fiirther back on the lot. However, there are two large trees that would have to be removed to accommodate this. 4) The propos^ plAcement Icives ft IS scpftffttion froxn house to proposed gftfftfie. The ininimum s^aradon by code is 10 ’, but even if wc moved it within 10* it still would not be within the Bohn ’s Pdm Road setback.. The proposed 15 ’ separation would improve the appearance of the property. In lummary, aince the varia^ that we are reqeating would not negatively impact the appearance fom Bohn t Point Road due to the existing fence, and since the proposed placement will save 2 large trees, minimi jc the impact of hardcover, and provide an attractive appearance to the property, we feel that it would be a hardship to deny this requested set back variance. A'.'. f •' mm 0 iiU l OUKVEiliJ * » LAND SURVEYORS registered under the LANS OF STATE 7601 73rd Arenue North ^ Minneapolis. Minnesota 66428 Surufijors (Jfrltftrntf SCALE: r =_1S;----- • Denotes Iron Monument feovJ CJ Denotes Wood tt* Set for •Kcovolion only xOOO.O Denotes Csistlno devotion Denotee Propoeed Osvotloo Denotes Surfoee Orolnooe If IKE HAYES Property located In Section 8, Township 117. Range 23 Hennepin County, Minnesota oO . •43.0*®|s. ’’i la- 22:2:20.0 G2.5 RESIDENCE No.3230 30.4 J r^jvom'fvoos e<W« B0V\^' U- O Mtikt <T^ rSCALE: 1" =_101 D«nolM ^«n Uonumint (moJ Cl D«nolM Wood Sot for OKCovolion only t000.0 Ooflotoi Eidoling Oovollon ^0^ Oonotoo Propoood DovoUoo Donotoo Surfoco OrolnaQO 20.0 - ^ii ty:" • Property located in Section 8, Township 117, Range 23 Hennepin County. Minnesota oO oposto i8. q 22-b; 6^ 20.0 3.0 3220 o»] 2^ oi\2. 23ji 37^ 02.5 I. RESIDENCB No.3230 30.4 \0^ e<jq« biu»r^'OOOS bov\^^’ Lot 1, Block 1. B0HN'S/>0INT ADDITION M Q C) Q 9 57 <Li-' p ,D Av 4 The only eosemenis shown ore from plots of record or informotion provided by client. We hereby certify thot Ihis is o true ond correct representolion of o survey of the boundories of the obove described lend ond the locotion of oil buildings ond visible encroachments, if ony, from or on soid lend. Signed, Surveyed by us this 8TH doy of JULY 20Jli Ctwries tyMdtnon, Wnn. Refl. No217M or Gregory R. Proscfib Mbwi Reg No. 24992 -/I bay (12) » (11)1 '-'7 ;» c: a t- tn 1^' (12)(6) K z^. / ^-«aV V m So A LA tP > rnj 9 (22) - i ^rs; f2o; htriTw at ■>*3iB«a dUx :i iTt. fi B< fy<w /•••* tatrt NiT^ffwm$r I wia :i< 4J0 2tf 1 > (6) / (7) / SETBACK ZONE: (CIRCLE ONE) 0-75 EXISTING HARDCOVER IN ZONE e>c«+iE>»r E- HARDCOVER CALCULATION WORKSHEET 75-250' A. House Length 250-500' S.F. Width X X X B. Garage C. Driveway prc?!>frtA >0\t.X X X QlHO O D. Sidewalk X X E. Patio/Deck X X cco F. Landscape Underlain By Plastic X X X G. Other A A TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE _____________ + B ____ _________ + B X 100 X 100 PROPOSED HARDCOVER IN ZONE A. House _____________ X Length Width X X X B. Garage C. Driveway X X D. Sidewalk X X E. Patio<Deck X X F. Landscape Underlain By Plastic X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE __ _ _ _ _ _ + B X 100 - •• ■ .BaA_ S.F. S.F. SJ. SJ. SJ. SJ. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. C09.'i^ SF. % S.F. ST. S.F. S.F. S.F. S.F. S.F. S.F. S.F. SJ. S.F. S.F S.F. S.F. S.F. A B #. *. f ^I. V > ^ 4:I t,'Vf S.F. S.F. % A B 3 ‘ < • *‘W bVi *. ■ . .... ,., ■ ■■ L^ -«Jr, :.-.,(l|-.^:'- t ■ • .r W-^-^ -i|^,v.-/;riA ^f,.. :i;\ B.; ) : y.- !^f V V '-. ,Ufc;'-.V-- s' t . V 1 r' • • i? > ’' f » “' « ‘ • r : -" / * ;•■ • i » -'^. •» I* ]''•'fi' -i >r- * • 41*.' ' >:f ^ ■'* ■ .Vv' _ '!• • rV- *!H' •« .“Tw_ P ^-g ' - i '-i ■ ^~--i ■ --'ja^-^ ^Hisir pi » k • * i4w^ii' I iKiiiitilArtliidirtfWiilil dUdMllte.a> .^A'-^-' ■ "-^- ' "'V q X-'i;;' ^ ;...v^^'' r-' 'ii --v'. :4 j-' -'' ■• I f W:<x ::4. r^--> A ' I I \.r ,*«*-. . Mhi^iiifl i' .i' ?.., i. ,, >‘,1* :^ • %. . c, ' ^ A L ».ij ' wi4 I*. •%W;. . ■ \ ‘•i^# vj J^ <U Sfc. BcHiTAT P2- % / • * ___ ilf iil'iit ililllilhMiii ♦ 1 j .’f;-:-T;. ■ • fT'y^ ^ y'^ w V y : -*•/ ,-'. v ^ fi , ‘ >‘a;f ' -^iffi-.- ,.■; .'. y.W.'-V'',v ft’ ' ' •*?•' ■ S': ’ . -.i -^' ^i -'•/ Sj V .' ■ ■ •'. ' ;• ' ‘.V : ■ r.':¥ ^ ^ ^ ^ I V'.' :v- ^ y:-. ^ ' -7^ - .. . ; *•..■ X ■Bm.^: -* VJKLm “S ir* s'S' . -'* s^.-5 •- . ,-ii ^IJlil ^'<- ^ ~ * ■': *■' •• , W-:4 tr /nt€J»- Aiotjc, eif^veu^ P«.v?p^try UM? CBPtWS VoitJrr •k . dui iiiiift RUNUATt:?. 38 08tt7234t000l PROP ADDK 3200 NORTII SHORl: DR OWNIiR NAME SHIRLEY J III-NDRICKSON ET AL TAXPAYER SI lIRLEY J I lUNDRICKSON NAME/ADDR RICK A WINDENUURG 3200 NORTI I SI (ORE DR WAYZATAMN 55391 38 0811723410005 PROP ADDR 3240 NORTH SHORE DR OWNER NAME NORTH SHORE MARINA INC TAXPAYER NORTH SHORE MARINA INC NAME/ADDR 3722 NORTH SHORE DR WAYZATAMN 55391 >3 0811723440006 PROP ADDR 3220 DOI INS l*OIN*! LA OWNER NAME A C TRAPANESE/f; A TRAPANESE TAXPAYER ALOERTC/CIIER rL A TRAPANESE NAME/ADDR 2220 BOHNS l»OINT LA WAYZATAMN 55391 38 0911723320011 PROP ADDR 3188 NORTH SHORE DR OWNER NAME JAADLROSATI TAXPAYER JAMES A A DEBRA L ROSATI NAME/ADDR 3 188 NORTI I SI lORE DR WAYZ j\TAMN 55391 38 09II72333CW4 PROP ADDR 1480 BOHNS POINT RD OWNER NAME ClILOE HELD MORAN TAXPAYER Cl ILOE HELD MORAN NAME/ADDR M80 BOHNS POINT RD WAYZATAMN 55391 HLr'NCPlN COUNTY PROP» INEORMAIION SYSTEM PROl*ERT*YO\V.,i:RS LIST PAGE: I 38 0811723410003 PROP ADDR 3202 NORTH SHORE DR OWNER NAME R.';BERT G A JANET L LABATT TAXPAYER ROBERT A JANET LABA1T NAME/ADDR 3202 NORTH SHORE DR WAYZATAMN 55391 38 0811723410004 PROP ADDR 3224 NORTI I SI lORE DR OWNER NAME NORTI I SHORE MARINA INC TAXPAYER NORTI I SI lORE MARINA INC NAME/ADDR 3222 NORTI I SI lORE DR WAYZATAMN 55391 38 081I7234I00(X> PROP ADDR 3250 NORTH SI lORE DR OWNER NAME NORTJI SHORE MARINA INC TAXPAYER NORTH SHORE MARINA INC NAM1:/ADDR 3222 NORTH SHORE DR WAYZATAMN 55391 38 0811723440001 PROP ADDR 3264 NORTH SHORE DR OWNER NAME RUSSELL A NORUM TAXPA /ER RUSSELL A NORUM NAME/ADDR 3264 NORTH SHORE DR WAYZATAMN 5539* 9 Z. 38 0811723440007 PROP ADDR 3230 BOI INS POINT LA OWNER NAME L L WEBER & W E WEBER TAXPAYER U:E L A WARREN E WEBER NAMI7ADDR 3230 BOHNS POINT LA WAYZATAMN 55391 38 0811723440010 PROP ADDR 3225 BOHNS POINT LA OWNER NAME H A V SWEATT TAXPAYER henry L SWEATT NAME/ADDR C/0 LOWRY HILL 90 7TII STS#5300 MPLSMN 55402 (• 38 0911723320012 PROP ADDR 3190 NORTH SHORE DR OWNER NAME C A A A C TRAPANESE TAXPAYER CHERYL A AUIERT TRAPANESE NAME/ADDR 3165 NORTH SHORE DR WAYZATAMN 55391 38 0911723330003 PROP ADDR 1470 BOI INS POINT RD OWNER NAME M A V WAGENER TAXPAYER MAURICE J WAGENER NAME/ADDR M20 BOHNS POINT RD WAYZATAMN 55391 f . , CQ 38 0911723330015 PROP ADDR 1406 BOHNS POINT RD OWNER NAME CWAEPCHAPMAN TAXPAYER CHRISTOPHER A EMILY CHAPMAN NAME/ADDR 1406 BOHNS POINT RD WAYZATAMN 55391 ^ li* -I I CERTIFY THATTHE FACTS REPRESENTTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARSTl IIS DATE ON THE RECORDS OFTHE HENNEPIN COUNTY TAXPAYER SERVICES DEPARTME.' OF MY KNOWLEDGE AND BEUEF. TAXPAYER SERVICES DePARTMLNTTtO THE BEST DATE Dale Application Received: 4-23*03 Date Application Considered as Complete: 7-11-03 60-Day Review Period Expires: 9-9-03 REQUEST FOR COUNCIL ACTION ..-.—••MG AUG 2 5 2003 Cl I r ohono Date: August 22,2003 Item No.: / ^ Department Approval: Name: Janice Waataj a Title: Citv Planner AdministraCar Approval:Agenda Section: Zoning Item Description: #03-2933, Robert & Brenda MacDonald, 2480 Old Beach Road, Conditional Use Permits - Variances - Resolution Zoning District: LR - 1B, One I'amily Lakeshore Residential District (1 acre min.) Lot Area: 2.356 acre (102,6?4 s.f.) List of Exhibits A - Resolution per Planning Commission Recommendation B - PC Action Notice 8-20-03 C - Removal Plan Submitted by Applicant D - PC Memo and Exhibits of 8-14-03 Application Summary: Applicant requests the following to allow the construction a three car accessory building with attached entertainment and toilet rooms and to remodel the existing guest suite above the existing attached garage: 1. A conriitinnal nprmW f.-. nllo\«- «l•••'■>»>:••«2 >n an building for the new detached garage'entertainment room. 2. A conditional use permit to allow a non-rental guest apartment above the e.';isting attached garage. 3. A variance to allow a separate water meter for the new plumbing in the new detached garage/entertainment room and the new plumbing above the existing attached garage. 4. lIa»'dcovcr wariance lo allow 35% hardcover in the 75-250 ” zone to continue with the additional hardcover beinu added in the 250-500 ” zone. _____ Planning Commission Recommendation Approval consistent with staffs recommendation, on a vote of 4-1. The dissenting commissioner (Fritzier) was skeptical that the hardcover after removal would remain removed. The applicant shall submit to staff a plan for removals prior to City Council review. Staff recommended: 1. Approval of the conditional use permit to allow plumbing in an accessory building for a toilet r room in the new detached garage/entertainment room. 2. Approval of the conditional use permit to allow a non-rentai g'uest apartment above the existing garage. 3. Approval of a variance to allow a separate water meter because the conditions of the existing water services would require the house to be tom douit to be able to add the proposed plumbing using the existing meter. 4. Approval of a hardcover variance for the 75-250’ zone subsequent to hardcover removals which amount to the area of hardcover being added (either in the 250-500’ zone or the 75-250’ zone or a combination thereof)- Staff Rccomsicndatioii Approval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt the attached Resolution granting two Conditional Use Permits and variances. ; I V '- ’ .v . r, • '■» iirnMiiiAi A RESOLUTION GRANTING CONDITIONAL USE PERMITS PER MUNICIPAL ZONING CODE SECTION 10.20 SUBDIVISION 3 (G & Q) AND VARIANCES PER MUNICIPAL ZONING CODE SECTION i0.20 SUBDIVISION 3 (G), SECTION 10.22 SUBDIVISION 2 AND SECTION 10.56 SUBDIVSION 16 (L) FILE NO. 03-29t3 WHEREAS, Gary Nccc on behalf of Robert and Brenda MacDonald (husband & wife), (hereinafter “the applicants") are the owners of the property ?oca»ed at 2480 Old Bead'. Road within the City of Orono (hereinafter the “City") and legally described as follows: Lot 3 and all that part of Lot 2. “SHORE HILLS" lying southerly of a line mnning from a point in the westerly line of said lot. distant 24 feet northerly ol the southwesterly comer thereof to a point in the southeasterly line of said lot, distant 263.4 feet northeasterly of the southwesterly comer thereof, according to the plat thereof. (hereinafter the “property"); and WHEREAS, the applicants have made applicatior to the City of Orono for conditional use permits per Orono Municipal Zoning Code Section 10.20. Subdivision 3 (g & q) to allow a non--ental guest apartment and plumbing in an accessory building and variances to Orono Municipal Zoning Cod.* Section 10.20 Subdivision 3 (g). Section 10.22. Subdivision 2. and Section 10.56 Subdivtsion 16 (1) to allow the new plumbing for the non-rental guest apartment to be run off a separate water meter and hardcover to remain exceeding the minimum amounts allowed by Ordinance in the 75-250* zone for the constmetion of a 3-car detached garage'entertainment room and associated patio in the 250-500' zone. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: Page 1 of 6 J FINDINGS 1. This application was reviewed as Zoning File #03-2933. 2. The property is located in the LR - IB which requires a minimum lot area of 1 acre where the subject property is 2.356 acres. 3. The Planning Commission reviewed this application at a public hearing held on August 18, 2003 and recommended approval of the conditional use permits and variances based on the following findings: a. The conditional use permit for the non-rental guest apartment meets all requirements outlined in the Zoning Ordinance except having a separate water meter for which a variance is applied. b. I he conditional use permit fer plumbing in an accessory building meets all requirements outlined in the Zoning Ordinance. c.The need for the separate water meter arises from the utility design on the property where the existing home would have to be tom down for the plumbing to run on the same meter as the house, creating a hardship. d. All new work associated with the new garage and patio is being conducted in the 250-500* <one. However, hardcover oii lb-‘ properly in the 75-250 zone is currently over. Therefore, 1:1 removals arc required for all added hardcover either in the 75-250* or 250-300’ zone or a combination thereof due to a lack of a viable hardship allowing the hardcover to remain. The City Council Itas considered this application including the findings and recommendation cf the Planning Commission, reports by City staff, comments by the applicants and the public, and the effects of the proposed conditional u«c permits and variances on the health, safety and welfare of the communitv. 0 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 conditional use pemiits and variances would not Page 2 of 6 ad%ersely 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 preser\e a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants conditional use permits and variances to Orono Municipal Zoning Code Section 10.20, Subdivision 3 (g & q) to allow a non-rental guest apartment and plumbing in an accessory building and variances to Orono Municipal Zoning Code Section 10.20 Subdivision 3 (g). Section 10.22, Subdivision 2, and Section 10.56 Subdivision 16 (1) to allow the new plumbing for the non-rental guest apartment to be run off a separate meter and hardcover to remain exceeding the minimum amounts allowed by Ordinance in the 75-250* 7onc for the construction of a 3-car Hf*tachcd garage/entertninment room and associated patio in the 250-500 ’ zone subject to the following conditions: 1.Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Hxhibit A. Any amendments to the site plan which are not in conformity with City codes will require furtlter Planning Commission and City Council review. Approval is based on the hardcover amounts listed in the planning report. This consists of 0% hardcover in the 0-75 ’ zone, 34% hardcover in the 75-250 ’ zone and 27.4% hardcover in the 250-500 ’ zone. 3.Hardcover in the 0-75 ’ zone sliall not increase above the 0%. Hardcover in the 75-250* zone shall be limited to 13.255 s.f or 34% per the prop.)sed plan and hardcover allowance summary as depicted on Exhibit A. Hardco\er in the 250- 500 ’ zone shall not exceed 30%. Applicant is advised that any future requests to increase hardcover or change the nature of cxisting/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing liar Jeover. 2.Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council-approval. Page 3 of 6 or the conditional use permits and variances will expire on that date (August 25, 2004). 3.Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4.The undersigned applicants have read undeistood and hereby agree to the terms of this resolution and on behalf of the applicants and the applicant's heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 25*** day of August, 2003 ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owncr(s) Pa^4of6 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 1 proved on the basis of whose identity I proved on the oath/alTirmation 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 1 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 6 of 6 % f * * r R(lrid^6 1* 0-f tenSyXi L^e >« f*VS£TC*^ ®r j? IS 'B NO'£5 uo?jaen • ^••A£*C« #-A.. 1^* *^t »C* •»C£*-f •Jf i ^. •- «». •••*•««»»« »«>*MKC« •? I •-••O »-»-*o• *r *• *•• t* c>«**«u:»o*w9Cik*0« 6i-e ^AN <fr NO^f5 0AWIAC »'«%'. W/tfHer-teinmtrt rMrh-6Uf> -to. AllW ■WfK'Mttf|t|f<;i= ak/Stf I’nj driv'tWAy. .4.) 10 c«v »4C*0> »*.TN»»;v« S« .« « • «r *«■ c-^^»cx M*«M« *«« • t* •*••» «i«»AC4» 0 ■r"*cv« atwocAiv ta«*«o *«rt« o, M. * ^v^'i mc-cm ^ CCN«i«X M%M«i •«■ »Ar<0 lUVACa 4P« ccHc.ma*t At mooL 0 ••-0.11 *tc*0. C» t«trr«A MU. •« t»*|i« a»»M «Mi »o WA«o« «0 tmtVHM •k.lvA-O* WO [T^^c.r I « ««• » y %.'»m$ Arm wtnoomLD gs 3 rrwi -----i¥l • • jr SfTEPLAN nEVGBD HAROCOVB) LAYOUT #2 tr\AlO-R-2 > . ^ ' V CITY OF ORONO 2750 Kelley Parkway P.O. Box M Crystal Bay, MN 55323 (952) 249-4600 TO: Gary Nece 14105 36'^Ave.N Plymouth, MN 55447 ZONING FILE: /W)3-2933 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: August 21.2003 COPIES:Dan Duffy 1 i Daniel Duffy Architects n i \ V 1 17900 Susan Lane, Suite 100 ?•- Minnetonka, MN 55345 9 Robert & Brenda MacDonald ! 2480 Old Beach Road •j Orono, MN 55391 ■ TYPE OF APPLICATION: Conditional Use Permits (non-rental guest apartment and plumbing in an accessory building, Variances (water meter, hardcover) DATE OF MEETING: August 18,2003 Planning Commission recommended as follows: Approval consistent with staff s recommendation per the August 14*** memo. This includes removal of 860 s.f. of hardcover in either the 75-250’ zone or the 250-500’ zone or a combination thereof. VOTE:FOR I AGAINST Applicant ’s next scheduled meeting is tentatively set for: City Council - Monday, August 25,2003; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission or Council minutes, they are available from the City Recorder after review and approval by the Planning Commission or Council. If you have questions, please call City Planner Janice Waataja at 952-249-4623. —I w'v r -■^U’ '• O''•<.’•'*■'> '■ •‘v, N^l LMCB n«^TOMCA O*^'- — ■ («) Mc*«9i e* Mi««« «r V t»^«Ot lLa««nM sia:v^2^-’ ---------IMBH t ~i ^ IM I *»•«•«• « I«a«w *a c«< • .f «• snnr •% an & »»iTTir 80EPLANnevaeo HAROOOVER LAYon^ta A1.0-R-2 W03.293J August 11,2003 Page 1 of 9 Date Application Received: 7-23-03 Date Application Considered as Complete: 8-1-03 60-Day Review Period Expires: 9-30-03 To:Chair Smith and Planning Commission Members Ron Moorse, City Administrator From: Date: Janice Waataja, City Planner^ August 14,2003 Subject:#03-2933, Gary Nece on behalf of Robert & Brenda MacDonald, 2480 Old Beach Road - Conditional Use Permits, Variances - Public Hearing Zoning District: Lot Area: LR - IB, One Family Lakeshore Residential District (1 acre min.) 2.356 acre (102,624 s.f.) Application Summary: Applicant requests ihc following to allow the construction a three car accessory' building with attached entertainment and toilet rooms and to remodel the existing guest suite abo\ e the existing attached garage: 1. \ conditional use permit to allow plumbing in an accessory building for the new detached garage/entertainment room. 2. A conditional use permit to allow a non-rental guest apartment above the existing attached garage. 3. A variance to allow a separate water meter for the new plumbing in the new detached garage/entertainment room and the new plumbing above the existing attached garage. 4. Hardcover variance to allow 35% hardcover in the 75-250’ zone to continue with the additional hardcover being added in the 250-500’ zone. Staff Recommendation: Staff recommendations: 1. Approval of the conditional use permit to allow plumbing in an accessory building for a toilet room in the new detached garage/entertainment room. 2. Approval of the conditional use permit to allow a non-rental guest apartment above the existing garage. 3. Approval of a \ ariance to allow a separate water meter because the eonditions of the existing water ser\ ices would require the house to be torn down to be able to add the proposed plumbing using the existing meter. 4. Approval of a hardcover variance for the 75-250’ zone subsequent to hardcover removals wliieh amount to the area of hardcover being added (either in the 250-500’ zone or the 75-250’ zone or a eombination thereoO- Pertinent Zoning Ordinance Sections Section 10.20, Subdivision 3.G.2: Non-Rental Guest Apartments. Section 10.20, Subdivision 3.Q: Plumbing in Accessory Building II I M3-293J August 11,2003 Page 2 of9 Section 10.22, Subdivision 2: Lakeshore Hardcover and Land Alteration Regulations. Section 10.56, Subdivision 16(1): Hardcover Limitations. List of Exhibits A - Application B - Hardship Statements C - Sur\cy Depicting Existing Conditions D - Sur\*ey Depicting Proposed Improvements E - Proposed Elevations and Floor Plans for Detached Garage/Entertainment Room F — Elevations and Floor Plans for Improvements on Attached Garage G - Site Plan Showing Reductions in Hardcover 1 1 - Hardcover Calculations 1 — Potential Removals — Looped Driveway J - Photographs K - Property Owners List L - Plat Map Background 1 he applicant has submitted application to construct an accessory garage/entertainment room in the 250-500’ zone, a conditional use permit to allow plumbing in an accessory building, tmd a variance to the conditional use permit to allow separate utility meters for the plumbing being added to the accessory garage/entertainment room and the non-rental guest apartment above the existing garage. .After further review of the application it was determined by staff that a conditional use permit would also be required for the non-rental guest apartment above the existing attached garage. This is because the improvements include separate bathroom and kitchen facilities. Further review revealed that the property is currently over in hardcover in the 75-250’ zone. 1 he proposal only adds hardcover to the 250-500’ zone within the limits allowed by the Zoning Ordinance. Because hardcover is being added to the property, the whole property comes into pla> for hardcover review. LOT ANALYSIS WORSHEET Lot AreaAVIdth: LR-IB Lot Area Lot Width Required 43,560 s.f. (1 acre)140' Actual 102.624 s.f. (2.356 acres)190 ’ (shoreline) 210 ’ (75’ setback) . * * • I mm /W3-2933 August 11.2003 Page 3 of 9 Setbacks; LR- IB Required Existing Proposed Front 35 ’n/a n/a Rear 30 ’ 162’(house) 121’ (detached garage) 60’ (pool) 162’(house) 109’ (proposed garage) 60’ (pool) Left Side 10’59.5 ’59.5 ’ Right Side 10’ 46.7 ’ (house) 8.4 ’ (detached garage) 46.7 (house) 15 ’ (garage) Lakeshore 75 ’132 ’132 ’ Average Lakeshore 87 ’132 ’132 ’ Structural Coverage; This lot is not subject to the 15% structural coverage requirements because it is in excess ofl.99 acres. Hardcover Calculations; Hardcover Zone Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover 0-75 26,023 s.f.0s.f (0%) 0 s.f.* (0%) Os.f (0%) 75 - 250 38.982 s.f.9,745.5 s.f. (25%) 13.255 s.f* (34%) 13,255 s.f (34%) 250-500 37,619 s.f.11,285.7 s.f. (30%) 9,439 s.f* (25%) 10,301 s.f (27.4%) ♦ After exclusion of fabric or plastic-lined landscape beds Conditional Cse Permits The applicants arc proposing to construct a detached three car garage with an attached entertainment room. Toilet rooms arc proposed for this structure. This requires a conditional use permit for plumbing in an accessor)' building so it can be reviewed against the following conditions listed in the Zoning Ordinance: 1. The Council finds that the proposed use of the accessory structure with plumbing will not be detrimental to the residential character of the neighborhood. » » • * M3-2933 Augatt 11,2003 Page 4 of9 The primary use of the plumbing and entertainment facility will be in conjunction with t/sp of the pool. The characteristics of the neighborhood will not change by albwir-^ pWmbing in the applicant ‘s proposed garage/entertainment room because many of the homes on Old Beach Road currently have pools. 2. The Council finds that the plumbing flxtures proposed are in keeping with the intended use of the accessory building. The only fixtures proposed are toilet rooms to be used in conjunction with the pool. One of the intended uses of plumbing in an accessory building is for pool houses which is what the applicant's are essentially proposing. 3. The property is 2.0 acres in area or larger. The applicant's property is 2.356 acres, in e.xcess of Zoning Ordinance requirements. 4. The accessory building is conforming in location, size and height. The accessory building will conform to all location, size and height requirements. The accessory building will be setback 15 'from the side property line and 107 ’ frwn the roar/street side when 10 'feet is required. The building will be approximately 990 s.f in size, wed within the 1,200 s.f maximum, and the building will be approximately 17' in height. 5.The property owner agrees to the filing of a covenant in the title of the property providing that: a. The accessory building will not be used for a home occupation unless specifically approved by the City or if allowed by City Code. b. The accessory building will not be used as a dwelling unless a guest house CUP is obtained. c. The accessory building will not be rented. leased or otherwise provided for use as a duelling under any circumstances. The applicant has indicated that they will not use the building for a home occupation or guest house and that it will not be rented, leased or otherw ise used as a dwelling but merely for use in conjunction with the pool The proposal meets all of the above requirements; therefore staff is recommending approval of a conditional use permit to allow plumbing in the proposed detached garage/entertainment room. The applicant is also proposing to remodel the existing guest suite above the existing: attached garage. This includes adding a toilet room, closets, and kitchen facilities. This also requires a conditional use permit for a non-rental guest apartment due to its ability to be used as a full time apartment. The Zoning Ordinance requires the following S yiiMiiiliiailiM* ^^03-2933 August 11,2003 PagcSof9 conditions to be met: 1. The apartment is for the sole use of the occupants of the principal residence, including their domestic employees or non-paying guests. The applicant has indicated that only family and non-paying guests Mill ttse the apartment during overnight or extended stays. 2. There is one access door to the apartment from within the principal structure and such door shall be the primary access to the apartment. The primary and only access door to the apartment is through the mudroom of the primary residence. Direct access cannot be gained through the outside of the home. 3. Concerns of parking, sewage treatment, entry"way, and interior access methods shall rll be disclosed. As shown on the survey. 5,250 s.f of driveway exists in the 75-250' zone and 5,477 s.f. of driveway exists in the 250-500' zone, therefore providing adequate par king for the non-rental apartment. The applicants have spoken to City staff and have addressed sewage treatment for the non-rental apartment. However, city staff directed the applicants to provide the utilities for the apartment without going outside the boundaries of the property lin's The only feasible uo>’ to do this is by having separate meters, contrary to what the Ordinance normally requires. This issue will be discussed in the Variance section of the report. The entryyvay has been disclosed and discussed above and meets the CUP requirements. 4. Such apartment shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. The applicants are requesting a variance to this condition per City staff direction. This will be discussed in O' Variance section of this report. The applicants meet all conditions set forth by the Ordinance for non-rental apartments, with the exception of the variance needed for #4 which staff will recommend approval for. Therefore, staff is recommending approval of this conditional use permit to allow a non-rental guest apartmi n to be constructed above the e.xisting attached garage. Water Meter Variance In conjunction with ti e above mentioned conditional use permits, a variance is required because one of the conditions listed under the CUP in the Zoning Ordinance cannot be met. The Ordinance requires that utilities for non-rental guest apartments not be metered separately which is what the applicant is proposing. Howevei city staff directed the applicants to design the utilities where they would be contained w ithin the property a » ^ a • jMAiai #03-2933 August 11,2003 Page 6 of9 boundaries. To do this, without tearing the entire house down, a separate meter must be installed. 1 he intent of this condition is to not have a separate address paying for the separate meter. The applicants have indicated they will not be using the apartment as a means for income but rather for convenience for their guests and therefore meet the intent of the condition set forth in the conditional use permit requirements. Hardcover Variance The applicants are proposing a larger accessory building than the two car garage that currently exists. Therefore, hardcover is ultimately being added to the property. The new building will be located in the 250-500 ’ zone and will meet the 30% hardcover for this zone. However, the 75-250 ’ zone is currently over on hardcover and because additional hardcover is being added to the property, this extra hardcover is up for discussion. All work is being conducted in the 250-500 ’ zone. The applicants are adding a larger garage and a new patio connecting the pool and entertainment room. In addition, they are proposing a net loss in driveway (combination of new pavement in the 250-500 ’ zone and reducing pavement in the 75-250 ’ zone by 239 s.f.). This brings the total added hardcover in the 250-500 ’ zone to 860 s f. Potential removals at a 1:1 ratio of added hardcover would be consistent with what has been approved previously. This would amount to a reduction of 860 s.f. hardcover within either the 75-250 ’ or 250-500 ’ zones or combination thereof Hardship Statement .Applicant has provided a brief hardship statement in Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis In considering applications for variance, the Planning Commisuon shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Piannbtg Commission shall consider recommending approval for variances fro u the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of circuntstances uni»iue to the individual property under consideration, and shall reconmetid approval only when it is demonstrated that such actions h til be in keep in it ith the spirit u,*d intent of me Orono Zoning Code. S?afTfinds that a hardship exists to allow a variance for the separate water meter. Further, the City advised the applicants that they needed to keep utilities within the property boundaries creating their hardship. 1 herefore. because they applicants will not be billing the w ater meters separately and conform to all other conditions of the CUP, staff recommends approval of this \ ariance request. Staff does not find a hardship that w ould constitute adding hardcover to a propertv that is currently over. Staft w ould favor a “trading ” of hardcover from zone to zone where the net hardcover would not increase, however the applicants have not agreed to do this. Hardcover is over in the 75-250 ’ zone by 9% which amounts to 1,193 s.f Hardcover in «K)3-2933 August 11,2003 Page 7 of 9 ihe 250-500 ’ zone is under by 2.6% or 268 s.f. If you “trade” the square footage of hardcover that is under to the square footage that is over you still get a net overage of 925 s.f. These numbers include the 860 s.f. of hardcover proposed with the new building (refer to Exhibit G and 1 for clarification). The Planning Commission should discuss whether the applicant should be required to remove amounts of hardcover equal to what is being proposed, 860 s.f, or if the applicant should remove the amount of hardcover that would be necessary for the property to be in compliance, 925 s.f, (assuming trading from the 75-250’ and 250-500 ’ zones is allowed). Staff would make the follow ing recommendations in regards to the criteria for “undue hardship” pertinent to this application: 1. 2. 4. “The property in question cannot be pul to a reasonable use if used under conditions allowed by the official controls." The property could exist in Ihe numner it exists today if the variances were denied. “The plight of the landowner is due to circumstances unique to his property not created bv the landowner." In regards to the variance for the water meter, the circumstance is unique to the property. Staff directed them to keep utilities within the property boundaries, and due to desit^n con.straints. a separate water meter is the only option. In regards to hardcover, the plight of the landowner is due to circumstances of which were created by the landowner. The property is large enough in area to be held to the hardcover requirements: however, improvements have been made to the property causing an overage of hardcover. 3. “The variance, if granted, w ill not alter the essential character of the locality." Should a variance to allow the separate water meter be approved, the essential character of the locality will not change because the apartment would be non­ rental and not occupied as separate living quarters. Hardcover variances will alter the essential character of the neighborhood because these are large houses on large lots. One s hardcover is limited by the size of your lot. A 2.356 acre lot is adequate area to accommodate reasonable amounts of hardcover. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." Hot applicable \ * • k Jl 5. 6. 7. 8. 9. M3-2933 August II, 2003 Pages of9 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." Not applicable “The Board of Appe^ts 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." The uses proposed are allowed uses in the LR — IB zoning district. “The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." Not applicable “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The circumstance which requires a separate water meter is pecidiar to the property. The design of the utilities would require the house to be torn down to maintain one meter. There are not special conditions applying to the land or structures that are peculiar to such property o>- immediately joining property. All lots on Old Beach Road are large lots which accommodate large homes There has to be a hardcover limit ot some point or another. “The conditions do not apply generally to other land or structures in the district in which said land is located." The water meter variance Is unique in and of itself All of the lots on Old Peach Road are reasonably sized to accommodate reasonable amounts of hardcover. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The Ordinance allows plumbing in accessory buildings and non-rental apartments and therefore the applicants should be able to utilize these itses. The variance for the separate water meter is necessary for the applicants to use their property in a manner allowed by ordinance. t. N03-2933 August 11,2003 Pagc9of9 The overage of hardcover goes beyond a substantial right. 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 a variance for the separate water meter will stay within the intent of the Zoning Code. Consistently when hardcover is being proposed on a lot that is over, a 1:1 add to remove ratio has been enforced. Should this not be enforced the intent of the Code would not be met. 12.“The granting of such variance will not merely ser\ e as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." The variance to allow a separate water meter is necessary to alleviate the hardship which would otherwise require the house to be torn down. Allowing hardcover beyond a 1:1 trade would serve as a convenience to the applicant because no hardship has been presented, other than economic reasons which are not valid. Issues for Consideration 1 . Because hardcover is only being added to the 250-500' zone and within the limits allowed by Zoning Ordinance, should the 75-250 ’ zone be subject to removals? 2. Have the applicants demonstrated a valid hardship to not require a 1 :1 removal for added hardcover? 3. Should the applicant be required to remove hardcover equal to what is being proposed, 860 s.f., or should the applicant be required to remove amounts of hardcover necessary to bring the property into compliance, 925 s.f? 3. Is the intent of the hardcover ordinances to not only regulate hardcover in specified zones, but also on the property as a whole? 4. Are there any other issues or concerns with this application? Staff Recommendation Approval of both conditional use permits to allow a non-rental guest apartment above the existing attached garage and plumbing in the proposed accessory building. Approval of a Variance to allow the utilities for the non-rental guest apartment and the plumbing in the accessory building to be metered separately. Approval to allow hardcover to be added to the property, which doesn’t meet hardcover requirements of the 75-250 ’ zone, subject to equal amounts of removal either in the 75- 250 ’ zone or 250-500 ’ zone, or a combination thereof This would consist of 860 s.f removal of hardcover. » % * \ . J EXftl&lTA T / Application # 03- Date Received *7-3^3-03 Amount Paid CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address Type of Application to be Filed______ ____________________________ Property Identification Number (P.l.D.) 'ffj^ ^ APPLICANT A/6^.r___ ___________ Address / 34> A> City ^ >*/77o i/TV/ Zip Phone (home ) 7^“^ Phone (work) yC* 3 ^ 7" ^ 3'yy ,j^^^O\\'N£R(if^^^^Spp^i5‘^ //, Phone (home ) »■>>/- •y Name jd^^K.j3C>Aj4lJr Phone (work)_________________ Address O Date Property Acquired______J^AAc// ^ I (do) (do not) also oiMi the adjacent parcels of land. Zip __(month/year) FEES - CONDI nONAL USE PERMITS - S 75.00 For each variance request with CUP application $250.00 Residential Accessory Use _____$250.00 Institutional (church, school, etc.) _____$250.00 Guest House/Guest Apartments _____$250.00 Duplex Credit/Bldg _____$325.00 Commercial/Industrial Use _____$250.00 Land Alteration ____ Grading and filling - designated wetland or floodplain ____ Grading a.'-.d filling - 501 cu. yd. or more ____ Grading, seawall, retaining walls within 75' of lakeshore rRD/PDD - see Fee Schedule $150.00 Renewal Fee (no change from original application) After-tae-Fact Fee - Double Current Application Fee OTHER APPLICATIONS _____$275.00 Conmiercial 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) _____ S375.00 Comprehensive Plan Amendment _____$100.00 Appeals ■ ^ Other - see Fee Schedule o > / i i-Ca • ' # V* . ,**• >e^'. • j ^ j) Li T n : • 4. . r,: * ‘ * / ■ required submittals 1’ Completed Application Form. _iZ_ Describe renn^ct in2. 3. 4. Describe request in detail. musl oblamXs‘*IisurbeTs and map‘’ftorH™'“” ^ • A-603, Government Center, 348-327^1). bounty Department of Finance, __ Certificate of Snrvev u.. _ .. A «ni and map f A-603, Government Center, 348-3271). -*—• —x^cpanmeni or Finance, ~ ‘“^'yoO - refer to handout for surr ey «• r: on required survey. / changes in elevation (grades). ropose contours) if land alterations involve -----List of the legal names (include marital status^ of di property. This would include name(s) of applicantfsfif ’"?"* • Constniction plan, if applicable (see staff current owner(s) As an. addendum to Is ap^lSot^'o^ 7. 8. 9. ^12: As an. add^ f" re,uirements). persons you wish notified of fhisapplication “' *■ "P""* »« »f any other ^ ^ • • . -- ..uuiicu 01 inis application. — ““'ci OR^Shl^LE^®'^ DOCUhffiNTS OR COPY submitted.)^- .o scale drawings of all Tofumt^!: p^t^^ «f applieal," tSt^Z^ remember that your S”fciel?S‘ APP'ica.ion is complete ■------------------------Date APPLICANT’S SIGNATURE Admintoor! a^«s tfpay IddS'feil Har«me" nT"'“ " *’>' ^omns and/or unusual e.xpenses incurred in review of thifU^ ?° fee pa>-ment) supplied IS tme and correct t^e best of his/her knoNWedgr"’ information Applicant's signature 7"Date 7-^J?. o 3 OWNER’S SIGJVATURE ------- SeTf "" °'y 'Mcmf To.^^—"““"able members for putposes o^esligation and verification of this”e^est°" aignature Comnassioa M„tu„. a On scomnj on.ee of thu change prior lo the meeting. * “ 7®“ pWee and .dvise the 6 V.):0 1 Aug. 14.2003 To: Janice Waataja Orono City Planner 2750 Kelley Parkway Orono, Mn. 55356 Regarding: Conditional Use Permit/Land Use Application for Bob & Brenda MacDonald Residence 2480 Old Beach Road Orono, Mn. 55391 Subject: Residence Hardship The MacDonald’s have worked hard to cooperate with the city of Orono, and have already made concessions in their original proposal. TTie hard cover in zone 2 from the lake was there when they bought the property. The MacDonald’s try to keep they property in good condition, with landscaping, hedges, flowers, lawns. The driveways, sidewalks, etc. are the minimal to met the needs of a property of this value. To make changes in hardcover would impact the landscape design th.it was developed for this property, causing an undo hardship to the use and look of the property and the MacDonald family. It would also cause a loss in value of the property, Uie hardcover was a part of what the MacDonald’s paid for, when they bought the propert)'. Sincerely, y Gary Nece ‘ ; aii OanWICDulty Aichftects, Inc. 17900 Sustm Ltne, Suite iOO Minnelonle. MN SS345 tel 9SZ 541 788S /ex 952 541 6014 MEMO To:Janice Waataja Orono City Planner 2750 Kelley Parkway Orono. NfN 55356 Ph: Fax: 952/2494623 952/249-4616 From: Date: Daniel Duffy ’ August 12. 2003 Re:Conditional Use Pcrmit/Land Use Application for Bob St Brenda MacDonald Residence 2480 Old Beach Road Orono, MN 55391 Hardcover Variance Revision setback zone by approximately 792 SF. as shown on the *nn. k reduced the proposed hardcover surface in the 250’-500’ iS. V*’ *'‘'**“« hardcover in the 75’-250’ zone by anow!w ‘ r"' *hat ti.e existing hardcover in the 75’-250’ zone is over the • r ■ ^ “"‘I'^'and that we are not proposing any new hardcover surfa.es m this zone, but rather some slight reductions. See anached copies of SrJe'dS^ 'T* ‘ deck would result in another 627SF reduction smee it is open underneath with little to no hardcover. Currently it is included m the total hardcover calculations for the 75’-250’ setback zone.) Please note that we are requesting a variance from the city to allow the existing ’•'*250' zone to remain as is with the exception of the reductions in hardcover as described above. we'me! anTS* ^ Ph“« "hen Please continue to advise us on any additionjl information required. Thanks Dan cc:Gary Nece Brian Vitek (Schoell St Madson) I *. •• SCHOELL & MAOSON. INC |«CACf»^ • tUKC«0»% • VM. U%IMC • |tlVWOMM(*llA4 tOMO Mufv*«e %Uitt <mmttomM «<• %%Jo% mi) >a-MOi fAt itwi W*M»S r •<9___54 T !▼C4 . •#!<.» 1 L f«r•r CCRTtriCATiO^ ' Mr«»f ««•!•** m«l ««t • »MI • ««•*••« i«M4 IM >••1 t IM iUU •« Moooac 0 AIM*** k««*M «• I root Ul*ll Robert MacDonald 2480 Old Beach Rood Orono. MN. 55391 SUI PftOJtCT NO 64005-001 L i. (J t • /Ov ril- Io» r i- .0 i?9^ Q PgTAgUgp GL^l/^W • tigftT gLgVATtON Q y «^P QA^Aag,- E46^ ELE^ATW gCK*»y^*'C>N N»0*£»KEtgP ^TE5 I .• fc.••^•^-^.••*^►^••••1•«> -« «« •* <»• »-».'••«•■«•• • « _____ i*«v. >4* M<«*s«k*** . *t ^ •J*« r ♦»*•••■#*WW*«^*» IN PROGRESS 7/23/03 / \ l •—^ •■ / ^ •* /l •«•• TSTJSSSSZ. IMCOOPUtO li Wi EXTEnOR B^ATKMS A5.1 ( * S V i --•• C ,A I ( I¥ j r kV.'.* -"p ■- ^ j-.- n 'ft.':.>:JL i :S<J'.-jMS’-=■'i; --f, % -A.K T,.„ S »<«»■— I vsagas.^ ,y»^ WwT 1 btj w^ kM 0m <m Mm / \J M M •»• <•■• ' ^ M>M M M>« •» !9S* «MM •• •MB %■• >—VCjM^n^office vCQU.ieei' IN PROGRESS 7/23/03 MACOONALO «*• It iSi BJLDHd SECTX>fi A6.1 n iitffiiiiUiitfiiiiliiAiiiirii i ^ o- /1^ 72Z2Z7ZZZ2i^^ A / ? mm •*ar “ I-----------------,,— —,,------------------, .'' .0 I I I I I I I I I I I I I r <• construction NQTgfl • ** —«■-— tfm »mt < m »mm m « **i <£r NOTgS Sr^------ IUALJL-Ilf*£ft AND gyrwieATiON SttipolS •• IX»< W W 4MI1IVM**** *♦ *»tiim LlQi4T»ia 4NP CONTROL STTieOLS Hi )f^sr4£-ea-a4^-»ai. teai^ li.tl ». o<»«IN PROGRESS 7/23/03 17^—-“■a r ^ »•« iM «i 3s M*C0CI«aP •/•'.r.4r OMUQ6 FLOOR FLANS A2.2 r- r MW- ul * . iiy%T gLgVAT»^ giyNaTwje^’CH nct «» JS^T a:aursr:u**»•>•<««••* •^«t« • ** MM* <»««•*•• ••» •••««»«• Kl»rgp NOTf5 ran - — q^a;£|c-sq^^\Brf6t ~ t^-LEVAT»QN gLgVAT^gX 0 IN PROGRESS 7/23/05 li BCTEnOR ELEVATniO A5.0 » t *n‘; \ I . * ' t ) -n ■ \ ,4'-*r , .• ;“;Ajf/y:>^?»^. if']^ .;^« -jiiZ.... ^5 7'^\ ■y. •■■•.• * . V '' r-r ■ . V <;,' . 4-:>* Or' -■:.. ■ < ''ki' i- j' t. . T^S^zjt lf.1 Jt •• iiCAir«’iL«’A‘A'A'«‘j|iV^4 rf:V/' fr. • ?•": AM n. •Pt * • • l»f • ■ T^- ■' ■' ©^V?:Rs*M.Vi£eir eULOMQaecnoNS IN PROGRESS 7/23/03 A6.0 'mm > r f 'k .....}h o irrv4r-;i^i:L A45-as-L gs^-L&/g^ *u 1 n CONST^tiqn H0»E», »*>■<««*»* »>*.» *«••>«»••« mu^•**• <^» >»••»•>»♦*%»< »*o4«> I awM » o»» «« •• «4 *»— »^4 «W ■^pi'H «■»# -»•■• •'•t«fc» «W •• MlM«% <pr NOTC$ 1=«M «l^ ••«*•• «i%4 «pi < ««**•• MM POUjgQ .i>o COrrw«CATtcN ftrHBOLS t t ^ Mflk* V •»«••••«*%•• LIOw’’ N6 and CONTHOi. Sv>»BOLft 6 ■ 4 -m IN PROGRESS 7/23/03 "7^ «t«t W4M |M/V\ —^ - ww/ Y ***'**** **** **** r 1.1^ !••«»« MM «, IMIl »M ( !••« *M MM » M<cpc|yu> SMS— li W “•5*1 ATTACHED QARAQE FLOOR PLANS A2.1 j •fiiOKdb. r L. LMni>#croMCA NOTES I c»fm^*am Aimm. *<*•»» Mca« «0n« <u. *o o »a. *r •«•?«* JMO I «b ^S0»* €0V OF EXISt/AJC|* —“ ^tV\Jo<Te flan key notes l«nr kJ^ bOCAtO« ^PIUPOSEP tt) O ^ ^ 0tn9 *m ****** ??t*— 0 ar««« «kOCA*t *«t» 0 i««**ir^ococfli«f »«noM»4Cf —« C0»*«C% MIWIW •«« ttfh»«c«c*c*a*t A* ^ook 0 wr^cNt we»o» a» f *»»—«»*—a *o t»N«o ^ — • W»i 0 i«v*efli»iwix —ic*«o* i|— # /Msnrijr ^ IMI tM »• «l •••II tM |iiJ|tM»««i STTEPLAN neVBED LAYOUT AlO-REV Flom u<N «61.1SSF of orf^i^onAl hftvdcovtr yhcya^oo t( - pfivtwAy' Mtv a<mAst of ntSF •^PoOl/rA^O* of 5S1 5f x^ i&liiil fe'/1 ^ HARDCOVER calculation WORKSHEET 0IHW\X 1 SETBACK ZONE: (CIRCLE ONE) 0-75'75-290'500-1000* EXISTING HARDCOVER IN ZONE A. Houm _____________ Un|ih Wi40i X X X B. Owtgt ^ 4* C. Drivtway _____ :20^ X X D. Skkwilk X X E. Patio/Deck ^>qcL. X X F. Landscapa UoderUia By Plaitic X X X O. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE X too PROPOSED HARDCOVER IN ZONE A. House _____________ X Unfth Width X X X B. Garage C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic X X X <4-7-7 O. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE /o*Vc.t - B rVlfcii /O'boi X lOO - * a . S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. SF. S.F. S.F. S.F. S.F. S.F. S.F. S.F. % A B i fNV wi:>jt o x^l! u / f HARDCOVER CALCULATION WORKSHEET SETBACK ZOtNE: (CIRCLE ONE) 0-75* /<7W5oO ‘ 250-500' SOO-1000' EXISTING HARDCOVER IN A. H oum _____________ X Lcn|ih Width S.F. X X X B. 0«rtg« C Diivfwwy X X D. Sidewilk X X E. Patio/Dcck X X F. Ltiubcxpc Uoderlain By Plutic X X SF. SF. S.F. S.F. S.F. S.F. S.F. S.F. S.F. __________SF. 0. Other S.F. S.F. S.F. TOTAL HARDCOVER IN ZONE total PROPERTY AREA IN ZONE J'bZ*?P----- * B 72>S.F. X 100 EBQPQSED HARDCQV fr iv 7^vp A. House Unfth Width X X X B. Oange C Driveway X X D. Sidewalk X X E. Pacio/Deck X X F. Landscape Underlain By Plaiiic X X ^•Z6V SF S.F SF. SF S.F. S.F. S.F. S.F. S.F S.F S.F. SF S.F. C. Other SF. SF S.F. total hardcover in zone TOTAL PROPERTY AREA IN ZONE - - - --- - " ® -- - - - -- X 100 S.F. S.F S.F % A B A B %a . \ i HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) ( 0-7^75-250' 250-500'500-1000' EXISTING HARDCOVER iN ZONE A. House Lengih Width X X X B. Oenge C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. LandKape Underlain By Plastic X X X O. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ^ ^ B ys/z3 O X 100 PROPOSED HARDCOVER IN ZONE A. House _____________ X Length Width X X X B. Oarage C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic X X X O. Other TOTAL HARDCOVER IN ZONE TOTAL^OPERTY AREA IN ZONE B /2X 100 • • I . 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. SJ. SJ. S.F. A S.F. B ^ % SJ. SJr. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F.- S.F. S.F. S.F. SE. A B ____ EKIsrifJfi DfMVE i^NSTiTur/tJ^ «Ap.P6(VgR. <4wi«K 4;S'-?as ' . - •. */i a ; x :.;.-.'. • EXISTII BITUMINOUS DRIVE V^\ [STEPS Wiv NEOI BITUMINOUS OAl ACCM$c-:mr butld : M£. •mr [ . * • % ^ * ■;?5i'»r)*a ‘•'.'I-/' ‘TV-' "Wl V; f •V#iF^^-.;l EXISTING ITUMINOUS DRIVE 3MlC i"=»2C concrete retaining UiALLS / BE.AC RC^AL EXIST MOUS !l.4 (^2,‘/s.-r. «.-• I AC k I- lEDUCE EXIST IS BY. (I APPROX a EXI: mM r:' - .4 .X. • V Hi-i.' itSSsSa i«itdii!^V - <1^ . riJ d [i • \ -as :5 ^ S *.••• X*%**• y'V ^j^Sk «•■>; vr' I ^/ki»’. V. -^SB IT IT - “ .;*% rii-^o :!M^,.m '■ '■•Nil**--.'** •*-^ "''^’ ,4, ■' - j 'V' ■;<mgmS^K-i ^^xSSS^'- < '% »jSBW k UWBH ^ ' * ' ^ SHI oCK ik I*'^ .-.Jiff K.V <5'^xSVfiS I—»»■ V ?•,■ -rShe jmm m ^ 'TT^ • ..rr^ V.-X ^1 , ^‘4^ . :v • - vA -4* . --i ■"••'’•:■«, .=> ^5r. >1 \. - ^ T k. >r.-" i - ; • ^ Ss.ii ■y:=‘j^. >wy?y.vj.- .if ■ • ‘.y-'^ imm m.P« sxv.x ■ '^\v» flHi V . ^i^ i^sl a c_ Mil \*. — .,'■ - L ’■'■■"I '■'^« m f V iL- r';;;''V.'"-'•••■ ■■ ;,. '. ■ V.'J • t? *■'' il*^i-rr ”8^4 .0^1 ^ft-I ^ f . 'V - r- ^ 1.; V» * , ^ „s# • • V* o l^l^: T'<i jr/; ^ •.’ •• y - aa •f. 5 ' r ,' A •. i .. M.; -i§H - .-t s •■• f . • >• *•. * • . •^ ?r- -i : PWfc* . / ., £ -A ,, f'^A?f.k»rV.^ .■ ■ • -f • . S' i)05 • ^ ^ '*40 kUNUAIi::?' ’»J 38 2111723210004 PROPAODR 2663 MAI’U-KIDGP. LA OWNER NAME CII SMOOT III AC A SMOOT TAXPAYER CEClUAArilAUIJ SP SMOOT III NAME/ADOR 2665 MAPI CUlIXii: LA EXCELSIOR MN 55331 38 2111723220004 PROP ADDR 2480 OLD UEAQi RD OWNER NAME ROBERT W MACDONALD TAXPAYER ROBERT W MACDONALD NAME/AODR 2480 OLD BEACH RO WAYZATAMN 35391 38 2111723220009 PROP AODR 2540 OLD BEACH RD OWNER NAME DM SCHNEIDER AM II LEAP TA3CPAYER D M SCHNEIDER A MII LEAF NAME/ADDR 2540 OLD BEACH RD WAYZATAMN 53391 38 2111723220017 PROP AODR 2455 OLD BEACH RD OWNER NAME LlUNDQUISTA D LUNDQUIST taxpayer URRY a donna MAE LUNDQUIST NAME/AODR 2455 OLD BEACH RD WAYZATAMN 55391 38 2111723220020 PROP ADDR 2585 OLD BEAGI RD OWNER NAME ALISTAIR D JACQUES TAXPAYER ALISTAIR D JACQUES NAME/ADDR 2585 OLD BEACH RO WAYZATAMN 55391 1IENNE1'1»N| COUN1V PROP PROPERTY O ' INFORMATION SYSTEM RS LIST 38 2111723220002 PROP ADDR 2420 OLD BEACH RD OWNER NAME W&DROHMANN TAXPAYER WALTER A & UETIT T KOI IM ANN NAME/ADOR 2420 OLD BEACH ROAD WAYZATAMN 55391 38 2111773220003 PROP ADDR 2440 OLD BEACH RO OWNER NAME L A BAROETTA A J K BARBETTA TAXPAYER LAWRENCE A BAKBCITA NAME/ADUR 2440 OLD BEACH RD WAYZATAMN 55391 38 2111723220005 PROP ADDR 2490 OLD BEACH RO OWNER NAME R A LUZAICH A C L LUZAICH TAXPAYER RICHARD A A GAIL LLUZAICH NAME/ADUR 2490 OLD BEACH RO WAYZATAMN 55391 38 2111723220006 PROP ADDR 2496 OLD BEACII RD OWNER NAME 0 K CARLSON A O M CARLSON TAXPAYER GERALD K A DIANE CARLSON NAME/ADDR 2496 OLD BEACH RO WAYZATAMN 55391 38 2111723220010 PROP ADDR 2560 OLD BEACH RD OWNER NAME JAMES RKREY TAXPAYER JAMES R XREY NAME/ADDR 2560 01.0 BEACH RD WAYZATAMN 55391 38 2111723220016 PROP ADDR 2425 OLD BEACH RD OWNERNAME ECWALCHERASEWALCHER TAXPAYER ERIC C WALCHER NAME/ADDR 2425 OLD BEACH RO WAYZATAMN 55391 38 2111723220018 PROP AODR 2505 OLD BEACH RO OWNERNAME KDSIIERMANAJDSHERMAN TAXPAYER KIRK D/JACQUEIINE D SI lEKMAN NAME/ADDR 2505 OLD BE.ACI I RO WAYZATAMN 55391 38 2111723220019 PROP ADDR 2535 OLD BEACH RD OWNERNAME TMAAACODUTE TAXPAYER THOMAS M A ALICIA A COOUTE NAME/ADDR 2535 OLD BEACH RD WAYZATAMN 55391 I CERTIFY THATTHE FACTS REPRESEWTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ONTHE RECORDS OPTHE HENNEPIN COUNTY TAXPAYER SERVICES DEPARTMENT. TO THE BEST OF MY KNOWLEDGE AND DEUEF. DATE 7-/0BY N PAGE: 1 - • . ■< > I* • » '•..I* 4 '\ M A ‘ I. <. -a 1 7^ •.VKil la mm-y. • .I V' :--« Hennepin Hennepin County Taxnaver Sen/icAS nAnaif^mAihf ''■■■' j) 53^rcel ID 21117232200044 . * . House Number 2480 . ■ Street Name OLD BEACH RD Ihii Is not a legally ncoft/edmsp. It represents a compOation ofMofmaOon;. and data from City, County, and State road authorltiaa artd other aourcas.• • is ......________ Dale Application Received: 4-234)3 Date Application Considered as Complete: 7-11-03 60-Day Review Period Expires: 9-9-03 AUG 2 5 2003 CHYUI- OHONO REQUEST FOR COUNCIL ACTION Date: August 22,2003 Item No.: ) 3 Department Approval:Administrator Approval: Name: Janice Waataja||^ Title: City Planner Agenda Section: Zoning Item Description: #03-2936, Bruce Meese & Maureen Murphy, 3135 Casco Circle, - Variances - Resolution Zoning District: Lot Area: Lot Area: LR - 1C, One Family Lakeshore Residential District ('A acre min.) .49 acres (21,392 s.f.) 60 feet List of Exhibits A - Resolution per Planning Commission Recommendation D - PC Action Notice 8-20-03 C - PC Memo and Exhibits of 8-13-03 Application Summary- Applicant requests the following variances to construct a new home: 1. Lot area variance to allow reconstruction of a home on a .49 acre lot when .5 acres is required. 2. Lot w idth variance to allow reconstruction of a home where the width at the shoreline and 75’ setback is 60’ when 100* is normally required. 3. Hardcover variance to allow 6% hardcover in the 0-75’ zone when 0% is allowed and to allow 37% hardcover in the 250-500’ zone when 30% is allowed. Planning Commission Recommendation Approval consistent with staff s recommendation on a vote of 4-1. The dissenting commissioner (Hawn) would have allowed the deck to remain in place. Staff recommended: 1. Approval of the lot area variance to allow reconstruction of a home. 2. Approval of the lot width variance to allow reconstruction of a home. 3. Denial of the hardcover variance to allow 6% hardcover in the 0-75 foot zone when 0% is required to be consistent with what has been approved on rebuild lots. 4. Approval of the hardcover variance to allow 37% hardcover in the 250-500’ zone when 30% is required due to the minimal area allotted in this zone and sight visibility triangles whiph result in a ...i /TjKtl larger driveway. In addition, the applicants are allowed a 32 square foot landing, as outlined in the Zoning Ordinance, in place of the existing lakeside deck. Also, if the applicants choose, the 20 square foot lock box allowance can be used towards square footage of the landing but not in addition to a lock box. Staff Recommendation Approval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt the attached Resolution granting a lot area and lot width and hardcover variances for 3135 Casco Circle. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25 SUBDIVISION 6 (b), SECTION 10.22 SUBDIVISION 2, AND SECTION 10.56 SUBDIVISION 16 (I) FILE NO. #03-2936 'i WHEREAS, Bruce Mcese & Maureen Murphy (husband & wife), (hereinafter “the applicants”) are the owners of the property located at 3135 Casco Circle within the City of Orono (hereinafter the “City”) and legally described as follows: Lot 41, that part of Lot 64, that part of vacated Lake Shore Avenue, and that part of the tract of land between said avenue and the shore of Lake Minnetonka, all described as beginning at the Northwest corner of Lot 41, which point is marked by a Judicial Landmark set pursuant to Torrens Case Number 16333; thence South along the West line of Lot 41 and its extension, a distance of 219.07 feet, which point is marked by a Judicial Landmark set pursuant to I'orrcns Case Number 16333; thence continuing South along said extension to the shore of Lake Minnetonka; thence Easterly along said shore to its intersection with the southerly extension of the East line of Lot 41; thence North to the Northeast comer of Lot 41; thence Northeasterly to a point on the Northeasterly line of Lot 64 distant 30.0 feet Northwesterly from the most Easterly comer of Lot 64, thence Northwesterly along said Northwesterly line to its intersection with a line drawn paiallel witli and 24.00 feet Southeasterly, measured at right angles from the Northwesterly line of Lot 64 and its extension, w hich a point is marked by a Judicial Landmark set pursuant to Torrens Case Number 16333; thence Southerly a distance of 51.35 feet, more or less, to the point of beginning; all in SPRING PARK, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said County. (hereinafter the “property”); and WHEREAS, the applicant has made application to the City of Orono for variances to Orono Municipal Zoning Code Section 10.25 Subdivision 6 (b), Section 10.22 Subdivision 2, and Section 10.56 Subdivision 16 (I) to rebuild a home on the existing lot. Page 1 of 6 NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: 2. 3. 5. FINDINGS This application was reviewed as Zoning File #03*2936. The property is located in the LR - 1C zoning district, which requires a minimum lot area of '/i acre and a minimum lot width of 100 feet. The applicant's property is .49 acres and has a width of 60 feet. The Planning Commission reviewed this up "'ication at a public hearing held on August 18, 2003 and recommended approval of the lot area, lot width and hardcover variances based on the following findings: a. The property is .49 acres in size when .50 acres is required. b. The property has a lot width of 60 feet at the shoreline and 75’ setback when 100’ is required. c. Because the lot is being reviewed as a rebuild, the lot must conform to current Zoning Ordinance standards or a hardship shall be presented. No convincing hardship was presented to allow the lakeside deck to remain. d. Due to the configuration of the lot, minimal area exists in the 250-500' zone, hence a variance to allow e.xcess hardcover for the proposed detached garage is not reasonable. e. Because of sight visibility problems on Casco Circle, a turnaround is necessary to safely exit the drive. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property arc peculiar to it and do not apply generally to other property in this zoning Page 2 of 6 J T’ district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessaiy to preser\'e a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 10.25 Subdivision 6 (b). Section 10.22 Subdivision 2, and Section 10.56 Subdivision 16 (1) to allow a house to be rebuilt on an existing lot, subject to the following conditions; 1.Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. Approval is based on the hardcover amounts listed in the planning report. This allows 0% hardcover in the 0-75’ zone with the exception of retaining walls that may be needed for bank stabilization and a stairway. 22.4% hardcover is allowed in the 75-250 ’ zone and 37% hardcover is allowed in the 250-500 ’ zone. Hardcover in the 0-75’ zone shall not increase above the XX%. 3.Hardcover in the 75-250 ’ zone shall be limited to 0 s.f. or 0% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicant is adxiscd that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 4.Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (August 25,2004), Page 3 of 6 1 5.Violation of or non-compliance with any of the terms and conditions of this resv !ution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6.fhe undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of the applicants and the applicant's heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 25 “* day of August. 2003. ATTEST: « Linda S. Vcc, City Cler!:Barbara A. Peterson, Maj or Property Owner(s) Page 4 of 6 1i 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 J 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/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 STATE OF MINNESOTA COUNTY OF HENNEPIN On this_day of , 2003, appeared before me, ____who is personally known to me ____whose identity 1 proved on the basis of personally whose identity I proved on the oath/afflrmation 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 6 of 6 . 1-.- r fttKo -f» bc rwf AllwM, IViviw«y host dv OQIM or LOT M i/«'OI ■jti'i- r-^ A O '/ 1 IMiW //. >P5C/^i/sr \ i ?^CR£: f'^ \ '•—*V-»ZT. yi* \0 \ /» r*\ ■^u ic/c’& LEGEND (UMin WAUkj'r'All#vW!^' V«*a»o, •«)b6 fcimev-eA-. ^2s<f. ur 4i^ rQ, otNorairnuTYFOii OHC 0tW0TW0WWl«A0ftIC1 cy Q OtMOntTUFNONCiOX o OfHOTlSafT*«NllOiMr • OOiOTfS FOUND ilONMO»< 0 OlNOIllJUOCMtLAlCM^ x» OONOTtS t0Ui09 NfTNN CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Ciystal Bay, MN 55323 (952) 249.4600 ZONING FILE: #03-2936 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: August 21,2003 TO: Bruce Meese 8c, Maureen Murphy 3135 Casco Circle Orono, MN 55391 COPIES: Stonehouse Designs Carrigan Curtis 420 East Rice Street Wayzata, MN 55391 TYra OP APPLJCjVn^ _____area/width, hardcover) DATE OF MEETING: August 18,2003 Planning Commusion recommended as follows: Approval subject to staffs reconunendation per the August 13'*' memo. The existing deck has to be removed, however the applicants can utilize a maximum of a 52 s.f. landing (32 s.f. uliich is allowed by Ordinance plus the 20 s.f. of lock box). A lock box cannot be utilized in addition to the 20 s.f being applied toward the landing. VOTE:FOR AGAINST Applicant's next scheduled meeting is confirmed as: City Council - Monday, August 25,2003; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission or Council minutes, they are available from Ae City Recorder after review and approval by the Planning Commission or Council. If you have questions, please call City Planner Janice Waataja at yDZ-Z4y-4623. M3-2936 August 18,2003 Page 1 of8 Date Application Received: 7-23*03 Date Application Considered as Complete: 8^03 60-Day Review Period Expires: 10-3-03 To;Chair Smith and Planning Commission Members Ron Moorse, City Administrator From: Date: Subject: Janice Waataja, City Planner^ August 13,2003 #03-2936, Bruce Meese & Maureen Murphy, 3135 Casco Circle - Variances (lot area, lot width, hardcover in 0-75’ and 250-500’ zones) - Public Hearing Zoning District: Lot Area: LR - 1C, One Family Lakeshore Residential District ('/j acre min.) .49 acres (21,392 s.f.) Application Summary: Applicant requests the following variances to construct a new home: 1. Lot area variance to allow reconstruction of a home on a .49 acre lot when .5 acres is required. 2. Lot width variance to allow reconstruction of a home where the width at the shoreline and 75 ’ setback is 60’ when 100' is normally required. 3. Hardcover variance to allow 6% hardcover in the 0-75’ zone when 0% is allowed and to allow 37% hardcover in the 250-500' zone when 30% is allowed.________________ Staff Recommendation: Staff recommendations: 1. Approval of the lot area variance to allow reconstruction of a home. 2. Approval of the lot width variance to allow reconstruction of a home. 3. Denial of the hardcover variance to allow 6% hardcover in the 0-75 foot zone when 0% is required to be consistent with what has been approved on rebuild lots. 4. Approval of the hardcover variance to allow 37% hardcover in the 250-500’ zone when 30% is required due to the minimal area allotted in this zone and sight visibility iriancles which result in a larger driveway. ____________________ Pertinent Zoning Ordinance Sections Section 10.25. Subdivision 6 (b): "Lot. The following minimum requirements shall be observed...(Lot Area = Vi acre. Lot Width = 100 feet]”. Section 10.22, Subdivision 2: Lakeshore Hardcover and Land Alteration Regulations. Section 10.56, Subdivision 16 (1): Hardcover Limitations. List of Exhibits A - Application B - Adjacent Property Owners Acknowledgment Form C - Hardship Statement * * * y I2> J «H)3-2936 August 18,2003 Page 2 of8 D - Existing Survey E - Proposed Survey F - Proposed Elevations and Floor Plans G - Submitted Hardcover Calculations H - Letter dated August 12,2003 from City Engineer, Tom Kellogg 1 - Photographs J - Property 0\M.>*rs List K - Plat Map Background The applicant originally applied for a variance to remodel the existing home and allow an existing, non-conforming 8’ setback in the southwestern comer of the home to remain to try and save an existing larf' maple tree. After reviewing the plans and conversations with the architect it became apparent that the majority of the existing home was to be demolished to accommodate the renovations, and if the true intention was to save the tree the home should be shifted north. Because of this staff directed the applicant that the project would be reviewed as a rebuild and that the home should be shifted to meet the 10 ’ setback requirement. The applicant agreed to this and submitted new plans applying for a lot area and lot width variance. Upon further examination of the plans it was discovered that the new home would meet the hardcover requirements in the 75-250 ’ zone but the 0-75 ’and 250-500 ’ zones, as they currently exist, are over on hardcover. Due to the rebuild, the whole lot is reviewed for hardcover compliance and has required the applicant to now apply for hardcover variances. LOT ANALYSIS WORSHEET Lot AreaAVidth; LR-IC Lot Area Lot Width Required 21,780 s.f. ('/i acre)100’ Actual 21,392 s.f. (.49 acres)60 ’ 1 ............. —i Setbacks: LR-IC Required Existing Proposed Front 30 ’n/a n/a ^ J ' 1 Rear 30 ’51’ (garage) 120 ’(house) 31’(garage) 94 ’(house) fiuriii J W03-2936 August 18» 2003 Page 3 of 8 Left Side 10’8’10’ Right Side 10’14.5 ’10’ Lakeshore 75 ’139 ’138 ’ Average Lakeshore 136.5 ’139 ’138 ’ Structural Coverage; Total Lot Area Total Structural Coverage 21,392 s.f. (.49 acres)Allowed: 3,208.8 s.f (15%) Proposed: 2,861 s.f (13.3%) HftrHgftvtr Calculations; Hardcover Zone Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover 0-75 4,514 s.f Os.f (0%) 634.25 s.f* (14%) 279.25 s.f (6.0%) 75-250 10,573 s.f 2,643.25 s.f (25%) 2,233 s.f* (21.1%) 2,369 s.f (22.4%) 250-500 6,305 s.f _ ^ ^ A • 1,891.5 s.f (30%) » • • • • € 2,194.5 s.f* (34.8%) 2,332.5 s.f (37%) Lot Arca/Lot Width Variance The property dates back to 1955, prior to our current Zoning Ordinance requirements and thus creates a hardship. The lot is a legal lot of record and therefore is buildable. Because the house is being rebuilt and not renovated a lot area and lot width variance must be reviewed as a formality. The lot is appro.ximaicly 21,392 s.f. or .49 acres in area, just short of the 22.000 s.f (.50 acre) requirement. The prooeny measures 60 ’ in width at the shoreline as well as at the 75’ setback line, 40’ short of the 100’ width requirement. This is generally the characteristics of lots in this neighborhood. Hardcover Variance The applicants bought the property this past winter. In doing so, they’ve decided to rebuild. The new plans meet the hardcover requirements for the 75-250’ zone. Because the house is being rebuilt the entire lot is reviewed for hardcover compliance. Both the 0- 75’ and 250-500’ z-^nes are non-compliant as they currently exist. In the 0-75 ’zone there is approximately 14% of hardcover. This includes a circular concrete patio, fire-pit, stairway, boulder retaining walls, and deck. The applicants have agreed to remove the circular concrete patio and fire-pit which results in 355 s.f. or 7.4% « h WJ-2936 August 18,2003 Page 4 of 8 of the hardcover in the zone. There also are retaining walls consisting of 53 s.f. or 1.2% hardcover in the zone. The applicants have not mentioned removing these and the slope leading to the lake is steep and highly vegetated. Thus, the walls are probably being used to control drainage and protect the deck. There is also a 226.26 s.f. lakeside deck which results in 5.0% of the hardcover. The applicants did minor repairs to the deck and would like to keep it. Lastly, the stairway is an allowed use on the 0-75’ zone and was not counted in the 14% hardcover figure and can remain. To be consistent in reviewing rebuilds, staff would recommend that the lakeside deck be removed. This would limit the hardcover in the 0-75’ zone to retaining walls (53 s.f.) and the allowed stairway. If the deck were removed, hardcover in the 0-75’ zone would be 53 s.f. or 1.2% when 0% is normally required. In the 250-500 ’zone there is approximately 2,194.5 s.f. or 34.8% hardcover. This includes the existing garage which has non-conforming setbacks, a concrete patio, and a conservative driveway. The applicants would like to tear down the existing garage and rebuild a three car garage meeting setback requirements. The concrete patio would be removed. The driveway would remain conser\'ative and include a tum-around for safety purposes. The proposed hardcover, taking into account the new garage and revised driveway, would bring the hardcover to 2,332.5 s.f. or 37%. Staff has found that the new garage and revised driveway are reasonable and that attempts have been made to meet Zoning Ordinance requirements. Hardship Statement Applicant has provided a brief hardship statement in Exhibit A, and should be asked for additional testimony regarding the application. Hardship Analysis In considering applications for variance, the Planning Commission shali consider the effect of the proposed variance upon the health, safety and neifare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safely, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because ofcircums:jnces 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. In the 0-75' zone, hardcover will be going from 14% to 6%. a greater than 50®/'o reduction. However, staff finds that no hardship exists to allow the lakeside deck to remain. The Planning Commission should decide whether the applicants have made a good faith effort in removing existing hardcover (fire-pit and concrete patio). The Planning Commission should also decide whether a hardship exists in the fact that the applicants bought the house with the deck and since have made minor repairs to improve it. In spite of this, to be consistent with prior rebuild applications, staff would recommend that it be removed due to a lack of a convincing hardship. Should the Planning Commission decide to require removal of the deck, the retaining walls, accounting for 53 s.f., could also be removed as they are controlling drainage to protect M)3-2936 August 18,2003 PigcSofS the deck. Staff docs find a hardship in allowing 37% hardcover in the 250-500 ’ zone. The orientation of the property results in very little area in the zone (6,305 s.f.). Because of the narrowness of the lot, to meet the hardcover restrictions in the 75-250’ zone, the garage is forced to be towards the street end of the property. The applicants have made a good faith effort in trying to meet Zoning Ordinance requirements by moving the garage to meet setbacks. Also, a three car garage is not uncharacteristic with rebuilds. The proposed driveway, with tum-around, is not unreasonable due to safety concerns on Casco Circle. Therefore, staff would recommend approval of the hardcover variance in the 250-500 ’ zone allowing 37% hardcover when 30% is normally allowed due to the narrowness of the lot, limited area in the zone, and the sight visibility issues on Casco Circle requiring a tum-around. 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 property can remain in its current state should the variances be denied. Any rebuild or remodel which resulted in added hardcover would require hardcover variances because the lot is currently over in the 0-75’zone and the 250-500' zone. 2.“The plight of the landowner is due to circumstances unique to his property not created by the landowner." The lot area and width hardships and the hardcover hardship in the 250-500' zone result from the long and narrow orientation of the lot which is unique to the property, not circumstances created by the landowner. However, there are no unique circumstances within the 0-75 ’ zone, unique to the property, which create a hardship not created by the landowner. The Planning Commission should discuss whether a hardship exists in the fact that the current owners didn't construct the deck but inherited it with the property. 3. “The variance, if granted, will not alter the essential character of the locality." Should the lot area, lot width, and hardcover variances be granted, the essential character of the locality would not be compromised. Afany of the lots in the neighborhood have similar non-conformities. 4."Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the tenns of the Zoning Chapter." % f .• h .k rfiriliiiaiitA r 5. 6. 7. 8. 9. M3-2936 August 18,2003 Page Oof 8 Not applicable "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." Not applicable "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." The ttses proposed are allowed uses in the LR- IC district. “The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." Not applicable “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." Many of the properties along the lake in this general locality have long and narrow conditions providing hardships for lot area and lot width variances. However, because this is a rebuild there are not special conditions peculiar to this property which might lead to allowing the lakeside deck and/or possibly the three car garage. The Planning Commission should discuss whether the lakeside deck should be allowed because the property was purchased with the deck and the current property owner isn ’/ responsible for creating the non-conformity, and also whether the limited area in the 250-500 ’ zone provides special conditions which couldjustify' allowing three car garage. "The conditions do not apply generally to other land or structures in the district in which said land is located." The unique conditions resulting in lot area and lot width variances do not generally apply to the entire LR - IC district but rather to a handful of the surrounding neighborhood ’s lakeshore lots. 10. “The granting of the application is necessary for the preser\ ation and enjoyment of a substantial property right of the applicant." Granting of the lot area and width variances is necessary for the preservation and enjoyment of a substantial property right of the applicant. These variances are .1 1 r #03-2936 August 18,2003 Page 7 of 8 required to simply develop the lot. The hardcover variance requests should be reviewed individually to determine if the uses fall into a substantial right. Again, what is reasonable due to proven hardships found to be inherent to the property. 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." The granting of the lot area and lot width variances will not impair the intent of the Zoning Code because the property is a lot of record and is legally a buildable piece of property. The granting of the proposed hardcover variances may affect the intent of the Zoning Code especially in the 0-75' zone. This is due to the rebuild status of the property and what has consistently been approved and found to be reasonable. The Planning Commission should discuss whether the lakeside deck and three car garage are reasonable and whether they meet the intent of the Zoning Ordinance. 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." The lot area and lot width variances would be necessary to alleviate hardships inherent in rebuilding the lot. The PLnning Commission should discuss the lakeside deck and three car garage and whether allowing them would alleviate hardship or serve as a convenience. Stafffinds that approval of the lakeside deck would merely be a convenience and the three car garage alleviates the hardship of the limited area present to accommodate a reasonably sized garage and associated parking. Issues for Consideration 1. Have the applicants shown a good faith effort to reduce hardcover? 2. Is inheritance of a non-conformity a valid hardship for current property owners? 3. Would allowing the lakeside deck serve as a convenience or alleviate a hardship? 4. Does the limited area in the 250-500’ zone alone justify allowing a three car garage which has become the standard with rebuilds, even when a standard two car garage would still result in hardcover beyond what is allowed? 5. Are there any other issues or concerns with this application? Staff Recommendation Approval of the lot area and lot width variances which are formalities with all rebuilds on legal lots of record that were created prior to adoption of the current Zoning Code. Denial of the hardcover variance in the 0-75’ zone to allow a lakeside deck. Consistently staff has required full compliance in the 0-75’ zone w-ith rebuilds. No convincing * i f (IKI3-2936 Auguft 18,2003 PagtSofS hardship has been presented which constitutes variance approval. Approval of the hardcover variance in the 250-500* zone due to the limited area existing in Ae zone and the hardships which result from sight visibility problems on Casco Circle. The applicants have shown a good faith effort in meeting Zoning Ordinance standards by moving the garage to meet setback and what has been proposed is not unreasonable. In conjunction with building permit review and at the request of the City Engineer (see Exhibit G), the applicant must submit final plans which include existing and proposed contours extending at least 50’ beyond the subject property lot lines. The proposed grades should include drainage swales along the east and west lot lines. •<»I . 1 u gxweir A 1 CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee (SSO.OO per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures <S250.05j Application # Date Received Amount Paid After-the-Fact Fees (Double application fee) PROPERTY INFORMATJON Site Address IrC Or o$\ C CO 7/ Property Identification Number (P.I.D.) ^ o - - V3 — Attach legal description to application if not included on required survey. Date Property Acquired Ham _____________________^(month/year) I (do) ^[dCno^ also own the adjacenf parcels of land! Present use of property; residential __ Zoning District:___________________ other (specify) APPLICANT Phone (home) 9C3 - V'*7/- Name J3irttc-c^ /^«/y ^yPhone (work) /^/;3' '7<i^73</0 ar 73*'// Address: C.ttd^_________ City: Otohi-, Zip; OWNER (if different than applicant) Address: Phone (home) 7^:n/ni /pr?L Name l"jrnc<.j. Phone (work) Ci/D 799 V.?Vb ' City: i Zip: <rC39/ DESCRIPTION OF REQUEST Describe request in detail: __ Estimated Construction Cost $ f?eo, oe^ (attach additional sheets If necessar>’) VARIANCES REQUIRED , ____Lot Area Lot Width Setback:Front ^ Side Hardcover Rear Lot Coverage Average Lakeshore Other (specify) H.ARDSHIPDESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical diflicul^ or unusual pippcrtyv conditions preventing compliance with Zoning Code requirements: )_______________ k (attach additional sheets if necessary') '-u.-' I I • . I • i •i •;I • 1 4 • •• . . r : . : REQUIRED SUBMITTALS W ALI-fiOke follpwigg informatfop niu;^ submitted bv the imnliraHnn deadline date In nrH.. for your application to be considered enippiata. -----------*• 1. 2. 3. 4. 5. 6. 7. 8. Completed Application Form 150'. laws and plat map (you must obtain this list, labels Md map ftom Hennepin County Department of Finance, A-603, Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8/2" x 11" for reproduction. _ Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8/2" x 11" for reproduction. — Sketches or plans of floor & elevation views (provide one (1) copy 81^2" x 11' ) ^ List of the lepl naines (include marital status) of all persons with an interest in the ^ would include name(s) of applicant(s) if not current owner(s). - “ 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. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zonina Admin strator, agrees to pay additional fees (staff time not coveted by original fee payment) and/or consultant ejenses incurred m review of this application, and certifies that th^nformation supplied IS true and correct to^jJ^^est of hisflicr knowledge. Applicant’s Signature Date 'y— //- 0 ^ OWTVER’S SIGNATURE ^ The ov^^ler hereby acknowledges and agrees to this application and further authorizes reasonable —Owner's Signature Date ^ 3 Meeiir' Tlllfn'o r ■!'' Ciiy Offices 25 days before the Planning Commission CoJncr“lfT“a‘’'r'’rr ‘" bi r«1ew'l.™ngf.nhe pj'aunfng Comm^sloTa^d /A .1 .1 r , V" :■. -• I (wc) 4|v/ I rorint ns Adjacent Property Owners' Acknowledgement Form 0 ____of 5<MSr Casr,^ Ov [print address] lCi^\ [print name(s)]f have reviewed the pltms for the proposed improvement or proposed use of the property located at •^t^C 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. I (we) t of C c^cr.i O [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 (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 ~7 /ai /a 2 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. < gS (Oi a /W ■■ EXWbl'T C Maureen Murphy and Bruce Mees.*; 3135 Casco Circle Orono, MN 55391 August 11,2003 Janice Waataja City of Orono P.O. box 66 Crystal Bay, MN 55323-0066 Dear Janice, We are writing to you regarding our above-mentioned property and our zoning application #03-2936. In your letter to us dated July 29“*, you mention that if we were to rebuild our house within the 10’ setback, we would only be required to request a width variance. We wilt be rebuilding our house rather than remodeling due to your recommendations. However, we have since learned that we would also need a hardcover variance for the 0 ’ to 75’ zone and the 250’ to 500’ zone. Due to this new information, we have decided to rebuild our non-conforming garage as well. No new work will be performed in the 0 ’ to 75’ zone and to show a good faith effort in reducing our hardcover in that area, we will be removing the circular concrete pad and the fire pit in this zone. In the 250’ to 500’ zone, we will be tearing do\vn the existing garage, which is currently structurally unsound, and will be building a new garage within the required setbacks, without turning the front of the garage towards the street. In doing this, the 250’ to 500’ zone, however, will still be over the 30% hardcover requirement. It will be almost impossible to drop the size of the current dri\ .way without eliminating a turnaround on the property. 3135 Casco Circle is located on a blind and dangerous curv'e and without turning around on the property, drivers are required to “sneak” out into this cur\e when leaving, w ithout having a clear v iew of approaching traffic. We are requesting a hardcover variance for the 0 ’ to 75’ and 250’ to 500’ zones. We understand the City’s position regarding these issues, and believe we have made reasonable compromises and have worked hard to conform to the City of Orono’s requirements. Sincerely,'”^ Maureen Murphy and Bruce Meese f *• 0XKt)M« »»Vl£f ^ . *-^ iT\n LEGEND q;2> OfNonsuTUTVPOLe OHT OCNOTUOVCHNiAOarC oiQ ofNOTismmoNCioi O MM)TESKTMONMOM,% • OOlOTlS FOUND MON MU» 0 OtMOTlSJIMMLLMOM OBNOTlHOUiDlUWgTAM OCNOTIS tLOCK WTA—< MAP OCNOnt MAFIC TNCE I i ;nd fTKHieif t PROPOSED BUILDING NORTH detail SCALE 1 INCH = 20 FEET TILnvpoUE VL. >D ELECTRIC WIRE ELEPHONEBOX I hereby certify that this plan or specification was prepared by me or under my direct supervision and that I am a duty licensed land surveyor under the laws of the State of Minnesota. Dated this 5th day of August, 2003. SATHRE-BERGQUIST, INC. rriRON MONUMENT UNO IRON MONUMENT V . *. Mii 60irrH £LEVAri<PU V|^W :■ ^* . •" I V. ttkA ■4 - lion . »\ 1! ^!i ■■T^VTTTCMH '^URPHY '■■‘^ E£SE. PEHUPJ6& C>^^Ot MM STO USE •»i •to «!«•#••<• «M 4»»«ltl ^53 "T^ • ♦ • fa S I'» I -~r"i- ■ “•r—*— • 1 in« I zr -;“ ;rx ij. -rrrr—.-, “ .^Tr.*ET-dt:_ • »J. ETi , * '"• ^1 • * ' ~fa~ rrP*"****^"****^*— rVV^l • *t • * I » ' I tr •• r* -- ^ .1 t '.'. * ^ »* ■ • .I I . i;"7z;. M - JL. . - ' * i ».. - —- . «» ,m • •(• r * * 1 t?i r—-r-r -»“*r-*1- E^;~vs-. ,v.-, fT"“ ^-#- T *. - * '“I • -—l*r—. .-*•-Ma -t -r* •• ■ ^u,. , , ^ s'^I I Sfa5:M II Ui[»iiinl>i«.L ^mm ;l#dl WM: r\ >4ogrM E-uc,vatic>w©srgfegr view vr-tr I! t MURPHY ~:. -i nt-tet ’'-'; e&IPBJCE 9t3B£^££OC»ft. Cf‘<>iO, Mhi USE «*«nmi I* Ts \WESf tu^’JAria^© • ■- ■ MUKpHT tiEEte pe&oEWctcctU^<!>£AbCc>CXl. ^*OKIO,MW -^-x^ J fcVa USE «»«f| U<l • 4fc •A «M«M »M • WM M*M4 •to«*«niM« I—nw -1^ J e= *•• • • .. ‘ r ri4n--rir*TM>r' H7 y N^ ' rmM y 5™ r^- ■Xl^^^"■^iT.:^^r.'T:c^■ ELEVAT I:-’M to:" >ftr i*ti?l,MHI ,y \ I ucr^j •. I 0 V, • M v/' «• I M UPfti ) E,£se f^te.iDE:w6e^?-, •'i'^ 2i2l9^i*£^diC. MW ''m USE Ml «*>-mi *«••*•»» »••• ■■ M < imVjt . . TUlilfcifiiili hAauretv^ MuKpMj/j avui. Bmce hAteu Rcstcicuce *> *. f ■•. * •» 3135 Ca&to Circle Orovu>,MN • ‘.i Mflurcfin. Murphy Bruce Meese Restderice 31S5' Cdico Circle Orono, MN l/r “ I'O* >0k *iiffiii1t.|-|- - aluiA. 313S C asco Circle Orono, MN t/sr « r or • * *>. ttbiiii HARDCOVE SETBACK ZONE: (CIRCLE O^H) CVLATION WORKSHEET 75-250'250-5W 500-1000' EXISTINO HARi A. H<me~ R INTONE Lingih yndth X X X B. Garage ffeWlnvnj WA X X D. Sidewalk X X E. Pado/Didc X X F. Landscape Underlain By Plastic Or Fabric X X X u\ TOTAL HARDCOVER IN ZONE - TOTAL PROPERn AREA IN ZONE . A + B x'm PROPOSED HARDCOmR IN ZONE A. House _____________ ItHtih wm X X X B. Garage Driveway .TeJiuntm X X 15 D. Sidewalk X X E. £mi9fDeck X X F. Landscape Underlain By Plastic Or Fabric X X X G. Other TOTAL HARDCOVER IN ZONE - TOTAL PROPEFJnr AREA IN ZONE A V^\ Ub + B XIOO «ia-O 5.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. A S.F. lij % S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F, S.F. S.F. LIlo'L ’o S.F. S.F. S.F. S.F. S.F. i.F. A H,S(^___S.F. % B B ■ r 0^76* gw g Ubhcmt'pflol: I^S-f. \ \ »3/.7 27^:^ mm i lu <0 Rmvuitx: ©CtdC-' 9 iSop) o*^K r% J' ^ % V. ^\ V '■—■ '■ t^^^lLDltS ^c-rr. line '^^ACK- ^OPt !VaV‘ 73 _ 3^TBA6^ ^HMOVgp ^•> ® \ i f <CRr AV£. -i**'0 \ " \ \ w fo V. ^6«ovt !.f Vi-opo^ V«’o^ ^Ic- l"=ZO* P< ®JiO ’* ®<0.8 f^’ •'*»-3L,'®J5.i HTOH fO lake rnWrONKA • • • f HARDCOVER CALCtt SETBACK ZONE: (aRCLEONE) 0.7S*WORKSHEET , 250-S00‘ EXKTMa HARDCOVER IN ZONE A. Houst- ~ •_______ iMgih 500-tm eno X X X B. Garagi C. Driviwcy X X D. SUUwatk X X E. Patio/Dedt X X F. Landscape Underlet By Plastic Or Fabric X X X SsriW Uf C. ■ Other TOTAL HARDCOVER IN ZONE - TOTAL PROPERTT AREA IN ZONE . ~~ A ____________ + B /O^rrA xlOoi - 5.F. ST73 TJ./ PROPOSED HARDCOVER IN ZONK A. House ____________ Ldniih Width X X X ■9^ B. Garage C Driveway X X D. Sidewalk X X y/r" E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X C. Other mtu TOTAL HARDCOVER IN ZONE - TOTAL PROPERTT AREA IN ZONE A lE.MFt__ + B /0.r?'\xIOO » L ^S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. 5.F. S.F. S.F. S.F. 5.F. S.F. S.F, S.F. % S.F. S.F. r.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. SF. ____f.F. A S.F. B B t • /VEW HOViB FOOfPWMr AVERSE lAKESHORg SSTBACIc.o> CM •f- f/« /t Q —i Tdfoi fVeULDIwS; UNE '-'^TBACK. 'wATSC \ c\| •15/ovc. «5f.e .G \ \i/<S \f CONCRCIE •^ \I L SETBACK ZONE: (CIRCLE ONE) :r in zone HARDCOVER CALCULATION WORt^EET • (^250-500' ^0-75'75-250'500-1000' A. Houu •X s S.F. • ^ Ungth X Wbh ■i S.F. X K S.f X »S.I. B. Garage zo X .ts\ss S.F. C. Driveway X S.F. X 8 S.F. D. Sidewalk • X S.F. X ZB S.F. E. Patio/Dedt X t^h S.F. X 8 S.F. • F. Landscape X S.F. Underlain X 8 S.F. By Plastic X 8 S.F. Or Fabric • 0. OUu-X • 8 S.F. TOTAL HARDCOVER Of ZONE - ^ PROPERTY AREA IN ZONE - • L306 S.F.TOTAL PROPERTY AREA IN ZONE A _J2aA3Lilib_ + b ks3iQ5.xlOO % f^QPftfiKn HARDCOVER IN ZONE A, Hmue _____________ Length S.F. WiM X X X B. Garage C. Drivew^ 2.S S.F. S.F. S.F. 2-Z i2=.S.F. '"Ifs• 11 X X IS- 40 (^*52tSs.F. ^(a'L. S.F. D. Sidewalk to X X S.F. S.F. E. PadofDeck X X S.F. S.F. F. Landscape Underlain By Plastic Or Fabric X X X S.F. S.F. S.F. G. Other S.F. TOTAL HARDCOVER m ZONE - TOTAL PROPERTY AREA IN ZONE A * B (n^-Q^ xlOQ C > S.F. A S.F. - ------------------------------------% B B gXHI&lT fl Bonestroo Rosene Anderlik & Associates iantitroo, Jlostn«« And9rltk snd Aitocl«t«s. Inc. Is an Afflrmatlv* Acilon/Equal Opportunity Imploytr and Imployot Owned Engineers & Architects August 12, 2003 Principals: Olio G. donesiroo. PI • Marvin L. Sorvala. PI. • Gicnn It Cook. PI • Robtri G Schunichi PI • Jerry A Bourdon. PI. . Mark A Hanioa PJ Senior Consultants: Robert W Rosene. PI. • Joseph C Anderlik. PI • Richard I Ibrner. PI • Susan M Ibe i i. c PA. Associate Principals: Keith A Gordon. PI. • Robert k. Ffefferie. PI • Richard W Foster. PI • David O Lou ..:a Pf • Michael T. Rautmana PI. . Ted K. Field. PI • Kenrwih P. Anderson. PI • Mark R. Rolfs. PI. • David A Bonestroo MBA* Sidney P Williamson. PI. L S • Agnes U Ring. MBA • AUan Rick Schrwdt. PI • Thomas W Peterson. PI . James R Maiand. PI • Miles B Jensen. PI. • i Phillip Gravel ill. PI • Daniel J Idgerton. PI • Ismael Martir>ei. PI • Thomas A Syfko. PC • Sheldon J Johnson • Dale A Grove. PI • Thomas A Roushar. PC • Robert J Devery PI Offices: Sc Paul. St Cloud. Rochester and Wiiimar. MN • Milwaukee. Wl • Chicago, il Wbbslte: wwwbonestroo com Ms. Janice Waataja Planner City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re:31.'' Casco Circle File No. 139-03-000 Plat No. 03-2936 Dear Janice: We have reviewed the survey for the existing and proposed home construction at 3135 Casco Circle. The plans propose to remove the existing home and construct a new home that conforms to side yard setback requirements. We have the following comments with regards to engineering matters: The new home location will provide adequate room, particularly along the west side, to construct drainage swales to convey storm water southerly to the lake. The maple tree shown along the west side of the home may need to be removed to facilitate the swale construction. The existing grades shown suggest that the tree is currently helping to divert some storm water westerly onto the neighbor’s property. S'vale construction will help in containing the storm water on the subject property. If the property owners desire is to save the tree, the proposed home could be located further north so the swale could be constructed between the new home and the tree. Final plans should include existing and proposed contours extending at least 50-feet beyond the subject property lot lines. Proposed grades should include drainage swales along the east and west lot lines. Erosion control measures should be installed, inspected and approved by the city prior to any work on site. If you have any questions please call me at (651) 604-4863. Yours very truly. BONESTROO. ROSENT, ANDERLIK & ASSOCIATES. INC. Tom Kellogg Cc: Greg Gappa, City of Orono •*2335 West Highway 36 • St. Paul, MN 55)13 • 651-636*4600 ■ Fax; 651*636*1311 XJT. wmmm *■-*'■,'■ •■•Vi?, .fJ > -L.A .-Ur‘ ■/'•Hi; ’• • • . \ vC*''. ■.,• *jr>Ii/ .<^•.. • • < • r Hv • -r ,•^ l^-.. r-^- 'V;' fZi':Pi f''''m^'pL;>^' V rS,, ,• : I ■■•^ •' :! y-csf_LA V/m - w #'*!'> N J!: ' * ^ J.........h“ ■ ■, I I -it' - t_ i’W V •*T. V .. -tfc- «^S, •. # .*. uc:: - J .« i ‘ . ,>r./'•'I.tr I h uif ->■.> • ■ f iiii^ / . . • V".') .1.'/•> -< ■.• • • * .V* » ’ « .'»•**♦ . • • » t . . . •k ,. a . **,, 4 ’ I • • ♦ *V ■» \ • • ••-.*,■ %*X 'i ^ • Vc< ' •,*k .’.*»•■ *.»/\i '**»' 1 ’**' - \ * ■ V:;. ■ t.. ^- v.^o; • '.V, . *1 F . - • • N ^ ^0.' ' ^rag£y^-v' </ V. <4 '*'tf^- k . k.:' F«'-S.-.s' V M W-J- .V uV'i ■X"’- ||«V '.V ■.''«:*« ■■■# « -^ar' %r ^ - V*' m- -,"M- I; vf' >■ v'* **• I ^ >»a^-- / c \7-''-vvil :i "k— - -! * i(.'1 " 'T' • ? -xi I -?;'.’W -rtf jV^ ■.II ,M >.>? . L; . ^ / i: <• ► 4^ ^.?* • *y“V- V ..•V >-:•:■^ •* r.iS^ t • V ■ ■ ■'J.V'-’'i '■ ' - v«^ ■■ rr-’V*-Km «-■ --;ii •'7^ ■ . - . -'rA -• ‘•ii:-'!--'--.'.' -r‘^;»«<f'’^ -;- if <*» V ■3% '^.'-V ' ^-•>/ *• *.# ^ ^ V sr 'r? I-r».• s* , * » . '.>4*- »- r . ^ ^ .V • ^ . '. VI I . 'fi r A:: % 41 .0 .'.' ?- -•. \ w >• ■•* ■'^ •'■ ••■t -------------------------------- s* ■ .• 4 •, . .vW" 'll ! • V; -->^7 . ::s \*.’: < 1 •» ‘s i W ^ ' ■ - ^ -•Vr •• • r ' .> \ * vR<^ : o' K : iiP^^' i k\' 'Jti? Kv*5.^' ^';?r ^ t ^ y^-A-Ai ^pV kS' ^— K.' X.V > fr >vi O'' *K V n -------------- - - - - ' —................. ' '-— ♦ w , • • » • • •*• *. s • -^^lS^?^^^^‘i^^. *V A'W-J.-C •> ».»u » -i V r._' r>*' •• I > - w* '«• y.H • M.” ■• ^ .vi^ f ; ..• •' mm >. •‘•‘A 'C«i i%i r.2^y.: • , ’ ^ . vV * ] '•4A ^ KMWSHf-// 'H-'" mP’ iSljHals fmaiBin .^s^-k vr ““ ; d m 1 ^'i ss«l./l k',.! ,< V:- .r.;y' •.r \ e ‘ /'■i. i;-3^ :-y '"W :wmh---m ^ i'v>*''i ^ -.^- ^2^# r-f MS ^ ^K!^.' i\ ^ ‘v'^. v*V \^“Tw '*u* *«*vr vi ^ \. »: % •'% »i O'- A- qfy’ • - stfS’i •^T., . Tf \ ,;-;;?|!«-:'’ !r ' L^iJi LV- "-i »;•* . ’H:Miiit:;- & 4«oW.'W STTiMJT i -I? ri"*V:3- I y..^ • fP~Js )•-■:' V ^ •^JL -*7 .Vi ' i V. y 1^ x^t'fei 7'^-■ "^rr-.r^'*-'* ->y-v mihfeR xicir iL 1 1 IT9-^9 w,'- ^ >> RUNI)AIL:7/ 3* 2011721340007 PROPADOft 3131 CASCO cm OWNER NAME i K SUMNER & E K SUMNER TAXPAYER JOHN P SUMNER NAMU/AODR EILZADETll K SUMNER 3131 CASCO cm WAY/ATAMN 55391 3t 2011723430027 PROPADOR 3155 CASCO CIR OWNER NAME BENJAMIN F ROOERTACCK) ET AL TAXPAYER B F A M K ROBERTACCK3 NAME/ADOR 3155 CASCO CIR WAYZATAMN 55391 31 2011723430030 PROP ADDR 3133 CASCO CIR OWNER NAME C C BECKER/TIMARCI lESSAULT TAXPAYER O C BECKER/TI MARCHliSSAULT NAME/ADOR 3I3JCASCOCIR ORONOMN 55391 •««v HENNEPIN COUNTY PROPF INFORMATION SYSTEM PROPERTYOW. ..tSLIST PACE: I 38 2011723340008 PROP ADDR 3129 CASCO CIR OWNER NAME JOANNE D JONFuS TAXPAYER JOANNE D JONES NAMli/ADDR 5100 FRANCE AYES #104 EDINA MN 55410 38 2011723340022 PROP ADDR 3127 CASCO cm OWNER NAME K E AAKRE A J AAKRE TAXPAYER K E AAKRE A J AAKRE NAME/ADOR :»I27 CASCO CIR WAYZATAMN 55391 38 2011723430028 PROP ADDR 3145 CASCO cm OWNER NAME D C DOWNEY A B A DOWNEY TAXPAYER DC DOWNEY AD ADOWNEY NAMli/ADDR 3145 CASCO CIR WAYZATAMN 55391 38 2011723430029 PROPADOR 3135 CASCO CIR OWNER NAME DFMEESEAM EMURPHY TAXPAYER MAUREEN MURPHY NAME/ADDR 3I35CASCOCIR WAYZATAMN 55391 38 2011723430031 PROPADOR 38 ADDRESS UNASSIGNED OWNER NAME THE CASCO CO TAXPAYER CITY 01 ORONO PARKS NAME/ADOR P O DOX 66 CRYSTAL BAY MN 55323 I CERTIF>' TllATTHE FACTS RCPRESCNTTED ARE AN ACCURATE AND TRUE REIRESENTAnONOF INFORMATION AS IT APPEARSTHS DATEONTHE RECORDS OFTHE HENNEPIN COUNTY TAXPAYER SERVICES DEPARTMENTS TO THE DEST OF MY KNOWLEDGE AND DEUEF. ^ HE BEST ^ SaaZA^ cvo er CA O o'h- O ^^3(0 General Concept Plan Approval (Resointlon No. 4852): Angnst 26» 2002 General Dev. Flan Approval it FreL Flat Approval (Resolution No. 4915): January 27,2003 Final Flat Approval (Resolution No. 4955): April 28,2003 FUD No. 4 Agreement and Reioning Approved: May 12,2003 ••»• REQUEST FOR COUNCIL ACTION •—»iNG 4UG 2 5 200J Ci I r uh ORONO CONSENT AGENDA Date: August 2 1,2003 Item No.: Department Approval:Administrator Approval: Name:MichaeI P. Gaflfron Title: Planning Director Agenda Section: Zoning Item Description: #02-2789/02-2840 Dahlstrom Development, LLC, “2550" Wayzata Blvd. - Formal Approval of Private Road Names for “Stonebay ” List of Attachments A - Approved Site Plan with Road Names B - Phase 1 Address Assignments The final plat of “Stonebay ” was approved on April 28, and the PUD No. 4 Agreement and Rezoning Ordinance were approved on May 12. It has come to staffs attention that the City has not formally approved the proposed private road names, although we believe Council has seen the names on the site plan submitted earlier. The proposed private road names include “Stone Bay Drive”, “Bridgewater Drive”, “Cascade Lane”, “Cascade Circle”, “Boulder Drive”, “Sandstone Lane ”, and “Sandstone Circle”. Staff has reviewed these names with the Police Department and the names have been verified to not match road names within nearby municipalities. Addresses have been assigned by staff for Phase 1 of the development per Exhibit B, based on the City ’s standard street numbering grid. The road names are in keeping w ith the “Stonebay ” theme, and staff finds them acceptable. STAFF RECOMMENDATION Approval of the private road names for the plat of Stonebay as proposed. COUNCIL ACTION REQUESTED Motion to approve the names for private roads within the plat of Stonebay as presented. % . mil n’ **~f~f~"L 8 STONEBAY PHASE 1 ADDRESS ASSIGNMENTS MPG 8-19-03 1 Lot Number Address Assignment Unit Type PINS Number | Block 1: Lot 1 763 Boulder Drive Rambler TH 33-118-23 11 Lot 2 765 Boulder Drive Rambler TH 33-118-23 11 Lot 3 767 Boulder Drive Rambler TH 33-118-23 11 Lot 4 769 Boulder Drive Rambler TH 33-118-23 11 Lots 781 Boulder Drive Rambler TH 33-118-23 11 1 Lot 6 783 Boulder Drive Rambler TH 33-118-23 11 1 Lot?785 Boulder Drive Rambler 111 33-118-23 11 Lots 787 Boulder Drive Rambler TH 33-118-23 11 Lot 9 791 Boulder Drive Rambler TH 33-118-23 11 lot 10 793 Boulder Drive Rambler TH 33-118-23 11 Lot 11 754 Boulder Drive Rambler TH 33-118-23 11 Lot 12 752 Boulder Drive Rambler TH 33-118-23 11 Lot 13 2540 Sandstone Lane Rambler TH 33-118-23 11 Lot 14 2538 Sandstone Lane Rambler TH 33-118-23 11 Lot 15 2526 Sandstone Lane Rambler TH 33-118-23 11 Lot 16 2524 Sandstone Lane Rambler TH 33-118-23 11 Lot 17 2512 Sandstone Lane Rambler TH 33-118-23 11 Lot 18 2510 Sandstone Lane Rambler TH 33-118-23 11 Lot 19 2498 Sandstone Lane Rambler TH 33-118-23 11 Lot 20 2496 Sandstone Lane Rambler TH 33-118-23 11 Lot 21 2484 Sandstone Lane Rambler TH 33-118-23 11 Lot 22 2482 Sandstone Lane Rambler TH 33-118-23 11 1 Lot 23 2476 Sandstone Lane Rambler TH 33-118-23 11 Lot 24 2474 Sandstone Lane Rambler TH 33-118-23 11 Lot 25 2462 Sandstone Lane Rambler TH 33-118-23 11 Lot 26 2460 Sandstone L^e Rambler TH 33-118-23 11 Lot 27 651 Sandstone Circle 2-Story TH 33-118-23 11 Ut28 653 Sandstone Circle 2-Story TH 33-118-23 11 1 Lot 29 655 Sandstone Circle 2-Story TH 33-118-23 11 Lot 30 657 Sandstone Circle 2-Story TH 33-118-23 11 Lot 31 659 Sandstone Circle 2-Story TH 33-118-23 11 Lot 32 661 Sandstone Circle 2-Story TH 33-118-23 11 Ut 33 665 Sandstone Circle 2-Story TH 33-118-23 11 Lot 34 667 Sandstone Circle 2-Story TH 33-118-23 11 Lot 35 669 Sandstone Circle 2-Story TH 33-118-23 11 Lot 36 673 Sandstone Circle 2-Story TH 33-118-23 11 Lot 37 675 Sandstone Circle 2-Story TH 33-118-23 11 Lot 38 677 Sandstone Circle 2-Story TH 33-118-23 11 Lot 39 681 Sandstone Circle 2-Story TH 33-118-23 11 Lot 40 Lot 41 683 Sandstone Circle 2-Story TH 33-118-23 11 1 709 Sandstone Circle 2-Story T11 33-118-23 11 Lot 42 711 Sandstone Circle 2-Story TH 33-118-23 11 Lot 43 717 Sandstone Circle 2-Story TH 33-118-23 11 1 Lot 44 719 Sandstone Circle 2-Stoiy TH 33-118-23 11 Lot 45 721 Sandstone Circle 2-Story TH 33-118-23 11 Block 2: Lot 1 716 Sandstone Circle 2-Story TH 33-118-23 11 Lot 2 718 Sandstone Circle 2-Story TH 33-118-23 11 1 Lot 3 720 Sandstone Circle 2-Story TH 33-118-23 11 1 Lot 4 654 Sandstone Circle 2-Story TH 33-118-23 11 1 Lot 5 656 Sandstone Circle 2-Story TH 33-118-23 11 1 Lot 6 658 Sandstone Circle 2-Story TH 33-118-23 11 Lot 7 660 Sandstone Circle 2-Story TH 33-118-23 11 Ut8 662 Sandstone Circle 2-Storv TH 33-118-23 11 Lot 9 664 Sandstone Circle 2-Story TH 33-118-23 11 1 I STONEBAY -----tAAATCH Lie *A*---------- ------------ (see P€Ct 4 or 4)I M0a*S4 ‘«4*ir 46 CQ ana CI w’VTt |A5«*»N*t Cvta • c» UOT X 0 ^-5ilo7 / / i /. / OUTI jOT k *«> • V X'- - oimxjT I""'' 42'^ 46 •? MANACt A*0 UTtiTY tA»rt*4T OVtt Att ^ OUTLOTI--'^ ? i 'A •• N /.•> •# ♦# • 4, A# • 1 74.00 ? 7«00 ? 8^^ % ■** ff i ft jfeBCT ^ I ouhjotk >ir(tLAMP trnf pCA«4A4f Aa O UnjY'T »A9T«1>T OVtt AU itf rAOOT rw. ra^ JMOt M OA #i««l ?OI PM »%OOT «0«r OF WAt flM lAfMWO V-V 10 ^ eWAKAji A»C iTTJtt ***V> lASir^T 0wt4 AU *b% 0» tot o ^ .c/S ^ ify# C..-U64Y '/T?' 1\M 30 ikn^ 2MU ______ REQUEST FOR COUNCIL ACTION AUG 2 5 2003 DATE: Aug^y^y:2ySP'^0 ITEM NO.: l6 Departincnt Approvvl: Name Gregoiy A. Gappa Title Director of Public Services Adminbtrator Reviewed: Agenda Section: Public Services Director ’s Report im Item Description: Wayzata Sewer Agreement Old Long Lake Road We are in the process of obtaining Metropolitan Council approval for a proposed MUSA expansion for the Old Long Road area. The closest sanitary sewer to serve this area is for connection to an existing sewer that flows into Wayzata. There are six existing homes along Old Long l.ake Road that are served by a sewer that was installed in the 1970's which flows into a Wayzata lift station near the Wayzata Country Club. The only flow into this lift station is from the Orono homes and the Wayzata Country Club. There is an existing sewer agreement with the City of Wayzata for these six homes. Per the terms of the existing agreement, Orono pays the Metropolitan Council Environmental Services (MCES) sewer treatment charges, and there are no Wayzata charges for this flow. A new sewer agreement will need to be negotiated with the City of Wayzata for the addition of nine homes to the existing sewer that flows into Wayzata. We have met with Wayzata city staff to discuss the terms for a new sewer agreement. 1 he proposed agreement requires that the City of Orono pay the City of Wayzata the standard flat quarterly sewer rate of approximately $50.00 for each residence connected to this sewer line. This unit charge paid to the City of Wayzata includes the MCES sewer treatment charges. The terms of this agreement are reasonable as the Orono flow is about half of the flow into the Wayzata lift station. The City of Orono will bill our residents the standard Orono quarterly sewer charge, and Wayzata will invoice Orono on a quarterly basis for their sewer charges. Staff is recommending approval of this sewer agreement with the City of Wayzata. After approval of this sewer agreement by both Cities, the Metropolitan Council should approve the MUSA expansion request. COUNCIL ACTION REQUESTED: Motion to approve the sewer agreement with the City of Wayzata for sanitary sewer service for the Old Long Lake Road area. L. Sanitary Sewer Aarcemcnt WHEREAS, this Agreement is made between the City of Wayzata and the City of Orono, two contiguous incorporated municipalities located in the County of Hennepin, State of Miimesota, and WHEREAS, Wayzata owns and operates a sanitary sewer system for the use of its residents, and WHEREAS, Orono has no such sanitary sewer facilities available for its residents in an area of Orono near Wayzata described as follows and shown on Exhibit A. Lot Number Property Identification Number Address 1 36 118 23 32 0006 705 Old Long J^e Road 2 36 118 23 32 0007 685 Old Long Lake Road 3 3611823 32 0004 645 Old Long Lake Road 4 36118 23 32 0003 625 Old Long Lake Road 5 3611823 310010 220 Wakefield Road 6 36 118 23 32 0009 360 RuAtm Road 7 36 11823 320010 350 RuAnnRoad 8 .36 11823 32 0002 250 RuAnnRoad Outlot 36118 23 310007 Address Unassigned 9 36 118 23 34 0015 440 Old Long Lake Road 10 36118 23 34 0014 450 Old Long Lake Road 11 36 118 23 34 0013 460 Old Long Lake Road 12 36 118 23 34 0012 470 Old Long Lake Road 13 36 118 23 34 0011 480 Old Long Lake Road 14 36 118 23 34 00110 490 Old Long Lake Road Page 1 of 4 \ f • \ 1 WHEREAS, Orono seeks to contract with Wayzata for the use of the Wayzata sewer to serve that area in Orono, and by the construction of a pressure sanitary sewer system extension in Orono which will connect to an existing Orono gravity flow sewer located along Old Long Lake Road that flows to an existing Wayzata sanitary sewer lift station hereafter called the improvement. THE PARTIES AGREE AS FOLLOWS: 1. 2. 3. 4. 5. Preparation of and Approval of Plans. The City of Orono shall prepare the plans and specifications for the improvement. Before letting the construction contract, Orono shall submit the plans and specifications to Wayzata for its approval. Construction . The City of Orono will construct the improvement. The improvement will be located substantially as shown on Exhibit “A” attached hereto and will be used by the occupants of the land described above and no further use may be made without express written approval of Wayzata. Operation and Maintenance. Wayzata shall continually supply the sewer service contemplated by this Agreement. Maintenance of the improvement will be the responsibility of Orono. Flow Measurement. The properties in this service area do not have access to Orono municipal water. nor is municipal water service planned for this service area. Therefore, the use of water billing flows, for sanitary sewer billing purposes, is not feasible in this service area. Also, the use of sanitar)’ sewer flow metering is not practical or feasible based on the limited number of residences in this ser\ice area. Therefore, for sanitary sewer billing purposes, a City of Wayzata standard flat rate sanitary sewer charge shall be used. Service Charges. The City of Wayzata will invoice the City of Orono a standard City of Wayzata flat rate sanitary sewer charge for each property, which is connected to sewer, in the service area. Connection to this sanitaiy sewer is on a voluntary basis for each property and is not mandated by the City of Orono. The City of Orono will provide notification to the City of Wayzata on the number of properties that are actually cormected to this sewer. The service charge invoices from the City of Wayzata w ill correspond to the standard City of Wayzata sanitary sewer billing cycle. The City of Orono shall pay the invoice for these service charges within 30 days of receipt of the invoice. The service charges from the City of Wayzata will include the Metropolitan Council Environmental Serv ices sanitary sewer conveyance and treatment charges. Page 2 of 4 i. 1 an nJXjrvUtSi 6. 7. 8. 9. Dated: Attest: Regulation of Use. Orono agrees to regulate and control the use of the improvement within Orono so as to prevent the discharge of items into the Wayzata sewer system that is in violation of Wayzata ordinances. In case of any continuing violations of such ordinances after reasonable notice, Wayzata shall have the option to terminate this Agreement. Records. Each party will keep proper books and records to reflect all expenses and receipts applicable to the subject matter of this Agreement. Each party will have access to all relevant books and records of the oOier. Advisory Committee. Each municipality shall appoint two members of its council to an advisory committee which shall meet upon request of either City for the purpose of considering any disputes or problems relating to the implementation of this Agreement. Such committee shall determine the facts and report to the two Councils, with its recommendations. Termination. This Agreement may be terminated by the mutual agreement of the parties. However, Wayzata may not terminate this Agreement unless alternative services are available to Orono on a reasonable basis. Any dispute under this Agreement shall be determined by binding arbitration in accordance with the Rules of the American Arbitration Association and judgment upon the award may be entered in any Court having jurisdiction thereof. ., 2003. CITY OF ORONO Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Attest:CITY OF WAYZATA Allan Orson, City Manager Barry Petit, Mayor Page 3 of 4 - . h 0 k i Gd Long Lake Road MUSA Expansion Area Existing Orjono Gravity Sewer \ A / NewPressiure V V Sewer Main • • • A Iifiii I I Miartifaiiliilii REQUEST FOR COUNCIL ACTION G 5 3 Cl l Y Ul- ORONO DATE: August 25.2003 ITEM NO. Department Approval: Nanc Gregory A. Gappa Titk Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director's Reportm Item Description: Request for Final Payinent, TH 12/Willow Traffic Signal Improvements We have reviewed the information submitted by the City's engineering firm and recommend approval of this Request for Payment. COUNCIL ACTION REQUESTED: Motion to approve Request for Final Payment , TH 12/WiIlow Traffic Signal Improvemnts to Egan McKay Electrical Contractors Inc. in the amount of $12,550.00. I l/||Bonestroo ffgnuwif |\||Aisociates InfiiimtARMKti OMmer Citv of Orono. P. 0. Box 66. Orono, MN 553234)066 Date;July 24.2003 For Period;5/1/2003 to 7/24/2003 ReouestNo;1 AND FINAL Contractor Eoan McKay Electrical Contractors Inc.. 7100 Medicine Lake Rd.. New Mope, MN 55427 CONTRACTOR'S REQUEST FOR PAYMEN. WILLOW DRIVE/TH 12 LEFT TURN ARROW INSTALLATION BRA FILE NO. 139-02-122 SUMMARY 1 2 3 4 5 6 7 8 9 10 11 12 Original Contract Amount Change Order - Addition Change Order - Deduction Revised Contract Amount Value Completed to Date Material on Hand Amount Earned Less Retalnage 0% Subtotal Less Amount Paid Previously Liquidated damages • AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 12.550.00 S s 0.00 0.00 1 AND FINAL $. $. $. $, $ $. $ $ $ 12.550.00 12.550.00 0.00 12,550.00 0.00 12.550.00 0.00 0.00 12.550.00 Recommended for Approval by; BONESTROO, ROSENE. ANDERLIK S ASSOCIATES, INC. ) xy Approved by Contractcr: EGAN MCKAY ELECTRICAL CONTRACTORS INC Approved by Owner CITY OF ORONO Specified Contract Completion Date: July 16,2003 Date; No. 1 Parti* REVISED SIGNAL SYSTEM Total Pwti- Parti - - Bid Amount Total •$12,550.00 Contract UnH Cufiant Quantity Amount UnH Quantity Prico Quantity to Data to Data L8 1 12550.00 1 1 $12,550.00 $12,550.00 Total Parti- Total WorfcComplatad To Data $12.550.00 $12,550.00 0 • a A • Vi''A PROJECT PAYMENT STATUS OWNER CITY OF ORONO k'«S BRA FILE NO. 139^-122 CONTRACTOR EGAN MCKAY ELECTRICAL CONTRACTORS INC 4m CHANGE ORDERS No.Data Daacription Amount Total Chango Oidars PAYMENT SUMMARY No. From To ______Paymont 1 AND FINAL I 0SA)1/2003 I 07/24/03 I 12.550.00 \ Rotalnago Matarial on Hand Complatad I 12 550.00 ] Total Payment to Date $12,550.00 Original Contract $12,550.00 Retalnaoe Pay No. 1 AND FINAL Change Orders Total Amount Earned $12,550.00 Revised Contract $12,550.00 M ^ / • * « • ♦. r I 1 1 REQUEST FOR COUNat ACTION -------------- DATE: August^ ^ Cl IY Oh OflONO ITEM NO.: /7 Department Approval: Name Gregoiy A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director's Report Item Description: Request for Final Pay Heritage Drive Sanitary Sewer Extension Project We have reviewed the information submitted by the City's engineering firm and recommend approval of this Request for Payment. COUNCIL ACTION REQUESTED: Motion to approve Request for Final Payment , Heritage Drive Sanitary Sewer Extension Project to E. J. Mayers Inc. in the amount of $4,233.25. ma l/|lBoneitfoo sfiRosene HAnderl(& |\|| Associates lnflnm&ArcMttct] CONTRACTOR'S REQUEST FOR PAYMENT HERITAGE DRIVE SANITARY SEWER EXTENSION BRA FILE NO. 139^131 SUMMARY 1 2 3 4 5 8 7 8 9 10 11 12 Original Contract Amount Change Order • Addition Change Order • Deduction Revised Contract Amount Value Completed to Date Material on Hand Amount Earned Less Retalnage 0% Subtotal Less Amount Paid Previously Liquidated damages - AMOUNT DUE THIS REQUEST FOR PAYMENT NO. S $ 0.00 0.00 2 AND FINAL $. $. $. $. $. $. $. $. $ Recommended for Approval by: BONESTROO. ROSENE. ANDERUK S ASSOCIATES, INC. Approved by Contractor. E J MAYERS 4^ Approved by Owner. CITYOFORONO W\ Specified Contract Completion Date: June 30,2003 Date: *1 1 Owner City of Orono. P. 0. Box 66, Crystal Bay. MN 5S323 Date:July 16.2003 For Period:6/18/2003 to 7/16/2003 Request No:2 AND FINAL Contractor.E. J. Mayers. 21360 Lartdn Rd.. Corcoran. MN 55340 13.125.00 13,125.00 12.427.00 0.00 12.427.00 0.00 12.427.00 8.193.75 0.00 4^33.25 !; • .Contraet Unit Currant Quantity Amount No.Ham UnH Quantity Prioa Quantity to Data to Data North Long Late Samtaiy Sowar 1 M/r HOPEo SDR 11 DIRECTIONAL DRILLED LF 7S0 10.00 700 $7,000.00 2 M/4* HOPE. SERVICE PIPE SDR 11 DIRECTIONAL DRILLED LF 75 15.00 75 $1,125.00 3 MM* CURB STOP AND BOX EA 2 1200.00 2 2 $2,400.00 4 CONNECT TO EXISTING GRAVITY MANHOLE EA 1 500.00 1 $500.00 5 TERMINATION FLUSHING CONNECTION EA 1 1300.00 1 1 $1,300.00 6 CLEAR AND GRUB L8 1 0.00 $0.00 7 SILT FENCE. REGULAR LF 100 3.00 34 34 $102.00 8 SODDING. LAWN TYPE 8Y 500 0.00 $0.00 9 WOOD FIBER BLANKET 8Y 300 0.00 $0.00 Total North Long Late Sanitary Sawar $12,427.00 North Long Late Sanitaiy Sawar • Bid Amount Total • $13,125.00 Total North Long Late SanKaiy Sowar Total Wortt Complalad To Data $12,427.00 $12,427.00 1 naami i 1 PROJECT PAYMENT STATUS OWNER CITY OF ORONO BRA FILE NO. 139^131 CONTRACTOR E J MAYERS CHANGE ORDERS Total Changa Onters PAYMENT SUMMARY No.Frmn To Paymont Rotelnago Comploted 1 06/02A2003 06/17/03 8.193.75 431.25 8.625.00 2 AND FINAL 06/18/2003 07/16/03 4.233.25 12.427.00 Material on Hand Total Payment to Date $12,427.00 Original Contract $13,125.00 Retainage Pay No. 2 AND FINAL Change Orders Total Amount Earned $12,427.00 Revised Contract $13,125.00 > a . IMOSISlRfOinMl .......... REQUEST FOR COUNCIL ACTION ——'MG AU6 2 5 2003 on t \jr UHOrvO DATE: August 25,2005 ITEM NO.: iS Department Approval: Name Gregory A. Gappa Title Director of Public Services Admiabtrator Reviewed: Agenda Section: Public Services Director's Reportm Item Description: Change Order Number 1, North Long Lake East Sanitary Sewer Project This change order is for 250' of additional sewer pipe due to property owners requests for sewer aligtunent changes during construction. Project construction has been completed, and this project has already been paid for by the property owners. We are recommending approval of this change order. COUNCIL ACTION REQUESTED: Motion to approve Change Order Number 1, North Long Lake East Sanitary Sewer Project for E. J. Mayers Inc. in the amount of $2,000.00. Bonestroo Roscne Andertik& Associates tngInBtfi 4 ArchHtctt Owner Qty ofOreno. P. O. Box 66. Ovml B«v. MM snn Date July 16.2003 Coatiaclor E. JMayera. 21360 LmdnM..Coceo«n.MN 53340 BondCgiBpany: Old Republic, 1501 42 ik1 St 2 Cocpoftte Place. Wait Dei Mofaet.lA 30266 Nq; RCN0330377 CHANGE ORDER NO. 1 NORTH LONG LAKE SEWER EXTENSION BRA FILE NO. 139-03-125 DescriDtfon of Work TOs Cba]^ Order provides for additional service pipe and sewer main necessary due to property owners request to realign Contract Unit No.Item CHANGE ORDER NO. 1 Unit Quantity Price Total Amount 1 2 I 1/4* HDPE, SERVICE PIPE SDR 11 DIRECTIONAL LF DRILLED 2 ” HDPE. SDR 11 DIRECTIONAL DRILLED LP 200 50 S8.00 S8.00 Sl.600.00 $400.00 Total CHANCE ORDER NO. 1:S2.000J)0 ••• • • liMiiuaioi I vniiilrR REQUEST FOR COUNCIL ACTION ..—-*m0 AUG 2 5 2003 DATE: Augitol'25;'2«WONO ITEM NO. Department Approval: Nane Gregory A. Gappa Title Director of Public Services Adminbtrator Reviewed: Agenda Section: Public Services Director's Report 1A Item Description: Request for Final Payment, North Long Lake East Sanitaiy Sewer Project We have reviewed the information submitted by the City’s engineering firm and recommend approval of this Request for Final Payment. COUNCIL ACTION REQUESTED: Motion to approve Request for Final Payment, North Long Lake East Sanitary Sewer Project to E. J. Mayers Inc. in the amount of $4563.08 % f • a 1 I/U Bonestfoo sflRosene SAnderli(& |\|| Associates Cfl|inHn4ARMttdi Owrtar CityofOrono, P.O.Box 66. Crystal Bay. MN 55323 Date:July 18.2003 For Period:6/18/2003 to 7/18/2003 Request No:2 AND FINAL Contractor E. J. Mayers, 21360 Larkin Rd.. Corcoran. MN 55340 CONTRACTOR'S REQUEST FOR PAYMENT NORTH LONG LAKE SEWER EXTENSION BRA FILE NO. 139^)3-125 SUMMARY 1 2 3 4 5 6 7 8 9 10 11 12 Original Contract Amount Change Order - Addition Change Order - Deduction Revised Contract Amount Value Completed to Date Material on Hand Amount Earned Less Retalnage 0% Subtotal Less Amount Paid Previously Liquidated damages - AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 40.129.70 $ $ 2.000.00 0.00 2 AND FINAL 42,129.70 42.125.80 0.00 42,125 60 0.00 42.125.80 37.562 72 0.00 4.563.08 Recommended for Approval by: BONE8TROO, ROSENE, ANOERUK S ASSOCIATES, INC. Approved by E J MAYERS Approved by Owner CITYOFORONO 9 Specified Contract Compiebon Date: July 31.2003 Date: % . lj|dl12SRCQ2nnii Boncstreo /UMterMc6 Associates Ingmtift 4 AffUium Owner aty orOroon. P. 0. Box 66.C»slal Bay.MN 5S323 Date July 16.2003 Coolnclor: E J Mayen. 21360 LtrldnRd.. Corcoran. MN5S340 Bond Company: Old Republic. 1501 42nd St 2 Corporate Place. Wett Dei Moines. lA S0266 BondNo:RCNO530377 CHANGE ORDER NO. 1 NORTH LONG LAKE SEWER EXTENSION BRA FILE NO. 139-03-123 Dderiatioa of Work This Chsoge Order provides for additional service pipe and sewer main necessary due to property owners request to realip sewer mauL Contract Unit Tout No.Item Unit Qaaatity Price Amoaat CHANGE ORDER NO. 1 1 1 1/4- HDPE, SERVICE PIPE SDR 11 DIRECTIONAL DRILLED LF 200 S8.00 SU600.00 2 2'HDPE. SDR 11 DDtECnONAL DRILLED LF 50 SS.00 $400.00 ratal CHANGE ORDER NO. 1:S2.00S.M •* lnoiiiiOiDi ji^ p REQUEST FOR COUNCIL ACTION m C 5 2003 WII r ^^runoivQ DATE: August 25.2003 ITEM NO.: ^ DcpartmeDt Approval: N«nc Gregory A. Gappa Titk Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director's Reportm Item Description: Request for Final Payment, Navarre Fire Station Site Improvements We have reviewed the information submitted by the City's engineering firm and recommend approval of this Request for Payment. COUNCIL ACTION REQUESTED: Motion to approve Request for Final Payment. Navarre Fire Station Site Improvements Project to F. F. Jedlicki Inc. in the amount of $68,501.76 I . .vV l/||Bonestroo £5lk)Kne nAndef«(& |\||Assodales Cnginttn4AicMCtcts Owner: City of Orono. P. O. Box 66. Crystal Bay. MN 55323 Date;August 12.2003 For Period:6/17/2003 to 6/12/2003 Reouest No:3 AND FINAL Contractor F. F. Jedlicki Inc.. 14203 W. 62nd St.. Eden Prairie. MN 55346 CONTRACTOR'S REQUEST FOR PAYMENT NAVARRE FIRE STATION - STREET & UTILITY IMPROVEMENTS BRA FILE NO. 139-03-133 SUMMARY 1 2 3 4 5 6 7 8 9 10 11 12 Original Contract Amount Change Order - Addition Change Order - Deduction Revised Contract Amount Value Completed to Date Material on Hand Amount Earned Less Retainage 0% Subtotal Less Amount Paid Previously Liquidated damages - AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 304.719.50 $ S 17,250.00 000 3 AND FINAL 321.969.50 320.655.77 0.00 320.655.77 0.00 320,655.77 252.154.01 0.00 68.501 76 Recommended for Approval by: BONESTROO. ROSENE. ANDERLIK & ASSOCIATES. INC. '7o^ Approved by Contractor. F. F. JEDLICKl INC 2 Approved by Owner CITYOFORONO 8 ~/3-o 3 Speoiied Contract Completion Date: June 21.2003 Date; 13(031UMEQ3 j PART 4 • SANITARY: - Bid Amount Total • $13^55.00 UBaiwiQs Contract UnH Currant Quantity Amount No.Ham UnH Quantity Prica Quantity to Data toDat* PARTI-STREET: 1 COMMON EXCAVATION (P)CY 1674 5.00 1674 $8,370.00 2 COMMON BORROW (CV)CY 2342 9.00 -30 2312 $20,808.00 3 SELECT GRANULAR BORROW (CV)CY 2000 950 2000 $19,000.00 4 M/r MINUS CRUSHED ROCK TN 700 17.00 693.81 $11,794.77 5 TENSARGEOGRIO SY 950 2.00 950 $1,900.00 6 GEOTEXTILE FABRIC SY 1700 1.00 1700 $1,700.00 7 AGGREGATE BASE. CLASS 5 TN 1300 16.00 130 1139 $18,224.00 8 BITUMINOUS BASE. TYPE 31 TN 275 41.00 305 305 $12,505.00 9 BITUMINOUS STREET PATCH SY 45 25.00 $0.00 10 C.R. 15 STREET PATCH SF 400 3.00 80 $240.00 11 4* CONCRETE SIDEWALK SF 400 5.00 591 591 $2,955.00 12 PEDESTRIAN CURB RAMP EA 2 1500.00 2 2 $3,000.00 13 CONCRETE CURB & GUTTER LF 625 10.00 638 654 $6,540.00 14 COMMERCIAL DRIVEWAY APRON SF 892 8.00 1659 1659 $13,272.00 15 REMOVE EXISTING STORM SEWER PIPE LF 55 5.00 55 $275.00 16 REMOVE BITUMINOUS PAVEMENT SY 45 10.00 $0.00 17 REMOVE CONCRETE SIDEWALK SF 1050 0.75 •426 624 $468.00 18 REMOVE CONCRETE CURB & GUTTER LF 105 5.00 -11 94 $470.00 19 REMOVE CONCRETE PAVEMENT SF 400 3.00 $0.00 Total PART 1 - STREET:$121,521.77 PART 1 - STREET: • Bid Amount Total - $119.971.50 PART 2 - STORM SEWER: 20 15* RCP LF 133 27.00 149 $4.02300 21 15* RCP FES EA 3 400.00 3 $1,200.00 22 4* PERFORATED POLYETHYLENE PIPE LF 200 8.00 200 200 $1,600.00 23 CONNECT DRAIN TILE TO STRUCTURE EA 4 150.00 4 4 $600.00 24 CATCH BASIN EA 1 1500.00 1 $1,500.00 25 SUMPC8MH EA 3 2250.00 3 $6,750.00 26 RIP RAP. CLASS III CY 4 100 00 4 $400.00 Total PART 2 - STORM SEWER:$16,073.00 PART 2 - STORM SEWER: • Bid Amount Total - $15,641.00 PART 3-WATER MAIN: 27 DiR. BORE 18* CASING W;i2* CARRIER LF 225 123.00 225 $27,675.00 28 10* DIP LF 450 29.00 450 $13,050.00 29 8* DIP LF 25 28.00 25 $700.00 30 6-DIP LF 6 27.00 6 $162.00 31 2-TYPE K COPPER LF 25 25.00 25 $625.00 32 2-CORP.EA 1 200.00 1 $200.00 33 rCURB STOP EA 1 300.00 1 $30000 34 CONNECT TO EXIST. W.M.EA 2 950.00 2 $1,900.00 35 DIP FITTINGS LBS 3000 1.50 3000 $4,500.00 36 e-GV&BOX EA 1 600 00 1 $600.00 37 8" PIV EA 1 1500.00 1 $1,500.00 38 10* GV 8 BOX EA 1 1200 00 1 $1,200.00 39 HYDRANT EA 1 1900.00 1 $1,900.00 40 6* MEGALUG EA 4 25.00 4 $100.00 41 8* MEGALUG EA 1 40 00 1 $40.00 42 10* MEGALUG EA 9 50.00 9 $450.00 Total PART 3 • WATER MAIN:$54,902.00 PART 3 - WATER MAIN: • Bid Amount Total -SS4.902.00 PART 4 - SANITARY: • 43 8*PVC LF 193 27.00 193 $5,211.00 44 MANHOLE EA 2 1950.00 2 $3,900.00 45 MANHOLE OVERDEPTH LF 5 100 00 5 $500.00 46 8* X 6* WYE EA 2 35 00 2 $70.00 47 6* SERVICE PIPE LF 105 24.00 105 $2,520.00 48 CONNECT TO EXIST. MH EA 1 47500 1 $47500 49 IMPROVED PIPE FOUNDATION LF 100 200 $0.00 50 TELEVISE SANITARY SEWER LF 193 3.00 193 % 193 $579 00 Total ^ART 4 • SANITARY:$13,255.00 i Connect UnH Current Quantity Amount No.Item Unit Quantity Price Quantity to Date to Date PART 8 -SITE WORK: 51 SITE GRADING LS 1 70000.00 0.1 1 $70,000.00 52 CLEAR AND GRUB TREE 65 300.00 65 $19,500.00 53 SEEOINO. MNOOT MIX 15B AC 1 1600.00 1 1 $1,800.00 54 SEECMNO. MNOOT MIX 308 AC 1.5 1800.00 1.5 1.5 $2,700.00 55 800 SY 700 5.00 120 120 $600.00 56 FIBER BLANKET SY 500 2.00 402 402 $804.00 57 SILT FENCE LF 1500 1.50 1500 $2,250.00 Total PART 5 - SITE WORK:$97,654.00 Chang« Ord»r Numter 1 1 CLEAR AND GRUB Total Changt Order No. I TREE 69 250.00 69 Total PARTI. STREET: Total PART 2 * STORM SEWER: TotM PART 3. WATER MAIN: Total PART 4 - SANITARY: Total PART 5 > SITE WORK: Total Change Order No. 1 Total Work Completed To Date f ' A imisMTO 117^.00 SI 7^50.00 $121,521.77 $16,073.00 $54,902.00 $13,255.00 $97,654.00 $17.250.00 $320,655.77 PROJECT PAYMENT STATUS OWNER CITY OF ORONO BRA FILE NO. 139^3-133 CONTRACTOR F. F. JEDLICKI INC. CHANGE ORDERS 1 S/16/2003 This Change Order provides for additional work on this project See Change Order. $17,250.00 Total Chang* Orders $17,250.00 PAYMENT SUMMARY Mattfial on Hand 1»0)133n»» iMiiii 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 3 AND FINAL 06/17/2003 08/12/03 68.501.76 320.655.77 Total Payment to Date $320,655.77 Original Contract $304,719.50 Retainage Pay No. 3 AND FINAL Change Orders $17,250.00 Total Amount Earned $320,655.77 Revised Contract $321,969.50 .................—».KiQ AUG 2 5 2005 REQUEST FOR COUNCIL ACTION , r or uhono DATE: August 21,2003 ITEM NO: Zl Department Appi oval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: AppHcatio' ''nd Certificate for Payment No. 12-Long Lake Fire Station Rochon Corporation, the General Contractor, has submitted Application and Certificate for Payment No. 11 in the amount of $60,378.53. This application has been certified for payment by both the Architect and Project Manager, and a lien waiver related to the amount of this payment has been provided. COUNCIL ACTION REQUESTED: Motion to approve Application and Certificate for Payment No. 12 from Rochon Corporation in the amount of $60,378.53, to be funded from the Joint Fire Account. BKV CROUP imtHor Ottign CngInMrIfig 222Nar*MSMM HI mim^MNSS40I nMM4l2.)39-)7S2 riwil2-J3M2l2 Date: Amust 14.2003 Attandon: MichtMt Mow Addrass: Ciqr of Long Lake! 1964 ftrk Avenue P.O. Box 606 Long Lake. MN 55356 Ra: Long Lake Fire Station PraloctNo.: 1515.01 eHD¥r\ Wl ARE SENDING VOU: CD 5hop drawings O Printt Q Plan* d Samples Q Specifkationt Q Copy of lettar n Change order ^ Other □ Messengo' Q Fax □ OtherTRANSHITTED VIA:□ Mall i Of'lf s (>A T f NO >^ fiJLhCfUUTlON. ._______________________________________________________________ _______z__Li_____^ ■ —- -------- -- 2 AppRcadon and Certificate for ftyment No. 12-Revised THESE ARE TRANSMITTED as chocked below: □ For approval r~l For your u*e I I As requested r~l For review and comment □ FOR BIDS DUE______ Approved as subrnheed Approved as noted Returned for corrections Ocher n Resubmit r~l Submit_ □ Return copies for approval copies for discHbution corrected prints □ prints returned after loan to us REMARKS: Enclosed are two copies of Application and Certificate for Payment No. 12-Revised for work performed on the Long Lake Fire Station project This application has been certified in the amount of $60,378.53. Please proceu for pqrment to Rochon Corporation. Thank you. Nan Gustafson COPY TO: Bill Wokers. Constructive Ideas, 901 Jefferson Avenue. Suite 300. St. Paul. MN 55102 Jeff Wellman. Rochon Corporation,3650 Annapolit Lana North. Plymouth, MN 55447 ROUTE COPY TO: CASK. 1515.01 % r • owfif f^pRl2fGv.doc if •Aciotyrts trt aoias momi, kinJy no^ m m. onc«.Mitid:l/I4f03 JL li ........ WAIVER OF CONSTRUCTION LIEN, PAYMENT BOND AND LIEN FUNDS August 1,2003 For good and valuable consideration, the undersigned hereby iirevocably and unconditionally waives and releases any and all (a) rights and claims for a construction or other lien ou land and buildings being constructed, altered, erected or repaired and to the appurtenances thereunto, (b) rights and claims on any payment bond(s) furnished in conjunction with said construction, alteration, erection or repair, and (c) rights and claims for lien on money, bonds, or warrants due or to become due to the prime contractor therefor. The property covered by this waiver is owned by City of Long Lake (owner), is located at 340 Willow Drive, Long Lake, MN is described as Long Lake Fire Station and this waiver pertains to a portion of the work to be performed by Rochon Corporation (prime contractor). This waiver covers all labor, material and supplies for construction, alteration, erection, and repairs furnished by the undersigned under a contract with City of Long Lake through the date of this waiver in the amount of $IXT\' THOUSAND THREE HUNDRED SEVENTY EIGHT & 53/100 DOLLARS ($60,378.53). This lien waiver is not valid until the amount listed above has been received. i:r'>.f'"'";LEURGHARDT !| • • • •'-IC-lW,'N£S0M %.* *-■ Jaa St, 2005 • —.^>wv,vswwyv Company Nam^Rochon CorporationA Contractor Waiver Form Its \^c Resident k. .V: iaiiBiliiMii 1 i r •mm AmiCATION AWO CiRTIFICATf FOR FAYMtNT (SUBSTITUTt AIA POCUMtHT 0702)ONI OP 2 TO fOWMfU. Off 9» lt»§ Uk« 1M4 Wmt Av«nu« long l»ht. MN »S3M MIOJICT U«f Uk« tiMlwi 340 Wa»«« 0r«*« Long iPkf MN «S3Sft AmiCATKW MO: 12 TO: 31 JMOJ FROM iCONTfUCIOlU RochOA Corporation 3«M AnoopoM lano No*th Sw«t tOI Mvmowlh MNSS447 VIA (AACHiTf CTl; MV Croup 272 North 2nd SltMl Mowoapoio. MN 5S401 ARCMTICT S FMOJICTMO:151101 CONTRACT POR ConorN ConttfucPon MomAM CONTRACT OATI CONTRACTOR S APPLICATION FOR PAYMENT CHANGE ORDER SUMMARY Char^ C-«d#rt apo*c*»d #»AOOlTlONS MCXiCTiONS prtvwua month# p* Onnpi TOTAl 227 206 49 Apprpvpd lh« Month Numb#* Oai# Ape a«Pd totals 000 0 00 N#t Chang# by Chareg# >P#rt 227 206 4b Apphcation i« mpd« for Ppyrnont. ps stvoom OtioiM, m conntctton thp ContrAci. ConiirHiPtron SRfdt. SubiMutt AiA Oocum«ni G703 rt piiachtd lr»# <^Mor»igwQd CorHrpcior cori>t«« that to |ho boft of Iht C«n®iClor $ knoMiodfO ^tormoiior^ and toMt tn# iNork co»o«#d P» tiot AppicotMm IO« Rtvm«<«« hot boon compNitd occo'danct w4h lh« CorurKI Oocumonit that a* ampunit ha*# 0##o paA by th# Conuacter to* Work tor **K<h p«#*«uo Co»t*t<ai#t lor Fa»m#»H *#r# «ttu#d and payfhonia rocfrvtd horn mo 0«»no( and that curipna pavm#n« alumn hmw* it no» NiO CONTRACTOR R Oat# Augutl 1. 2003 Q k VMkAAAAAAAA4AA»A^^AAA^AA^AAAAA J r-'.L a'.-.CHARDT 1 0R»C«P«Ai CONTRACT SUM ......... ........... • 2 N»t Changt O* Chang# 0*d#*k ...................... • 3 contract sum to OATI Haw I • #-2l ............... • 4 TOTAi COMRUTCO S STORf 0 TO OATC I (Cohimn G on 07031 5 RfTAiNAGC a _1k el Comptptad Aoik iCobannO* Eon 07021 b pt Stor#d Maionai tComrnn F on 07031 Tptat Rotaaiagp Haw 5a « 5b or Toiat «> Cobrrrtn I ol 07031............................... I • total EARNCO LESS RCTAINAQI............................ • llnp 4 lota Law 5 Totall 2 LESS RNEVlOUSCCRTiPiCATES FOR PAYMENT iLaw 6 trpan prwr Ctrt<hcaipl......... I ■ CURRENT payment OUC ....... • • BALANCE TO FIMSN PIUS RETATNACi................. I __________ILaw 3 taaa law 6t Siata at MavwMta Cpwnly pt H#nr4p<n Subtcnbdd and t«#Prn w boMra nw iRw 1« dP# pi AufutI 1 MO.B70 00 237 20B4» 2 200 171 49 2.173 993 94 16.350 50 3.157.643 26 2 097 264 75 60 376 S3 50 535 21 2003 / r- wif:NE£0TA ^^^V/<AYVV^VA/.^AWVV^A(hAFYVV^AA^fW• . NPiary Pubic C C My CornmittiOn •>p<r#l 31 2005 ARCHITECT S CCRTIFICATI FOR PAYMENT m acco«dar*c# n »hp Conuaci Op<»a»w*»t» batad on on m# ebMr%aiwna ond ihp data tc *. k*ng tn# abo*# appKat<on inp A«ctwi#ci c#»ti»wa to ihp Onrwi that 10 Ih# boat o* ih# A«chil#<i k kno**lOdg« ailoimaipn anA bPk«l Ih# ^ork haa p«ogr#tk#d at nd<aitd ih# puaMy o» ihp Work It n accordance y*4h irw Cpn««aci Ooc«anpnti ar*d ih# Cor*i>acior It #niiiiid 10 ppyrnpni pt Iiw amount CfRTHRO AMOUNT CERTMMO lAitach «*pranaiwn a oaw^av cprtitwd datprt Irom thp onw«au appapd loa I Tiw AMOUNT CIRTVMO « ppyabNTfua Cprlii pnN 10 tt* Contractor nampd hprpai laauancp. paympru and accoptancp pi paYmJkl ar« npfwiit pripiAct 10 nghtt Pf PW Ownpr pr Conitaclor undar Pas Contract % / ' 4 r PAGE 2 OF 2 CONTINUATION SHEET Subtlilutf AIA Oocumtnl G703 LONG LAKE FIRE STATION AmiCATlOM MUMMA AmiCATION OATI: rcwoo r AOM lO CONTAACTOA S AAOJf CT HO: 12fAMlM« 1 AwfOl 1 M«r 0) 21JU0J OJO0 COM OlOOC o«»se 02200 02600 025U 0261* 02«ac 03300 C34IC 0470C C34H '5»0< 06AOC 0610C 0620C C640C 075X CM6C 0»SOC GttOC 0A301 0il6C JI30C cua :&26. 09300 0960t 096SC 0980C 0990C 103S0 I0I6<. ♦060C tOSOC • 02tX •C6?t lOlLX I044C i?49f *269C «3’0C 1MX 66(X *S4JC 630t eolX MSCArTKM GtNl AOMTS AO*lO f aathwoaa SiTI UTAlTifS ASAHAI r AAvWwO SiTI COHCAClIrStOfWA LAHOSCAA iHG COHCVH PAfCAST CONCAftt MASOWA> ARC m AAfCASt 5T|fi rAeMCATK>H sriii CAcctON CAAAfNTAV CAAPtNTnr MAI IS MlilWOAA AOOfiMG VSATlltPAOOf«MO CAiAAlMO MM OOOAS.HOWA ACCtSS OOOAS SfCT OVfAHlAO OOOA CQtohO DOOMS GiASSGCA/iNG n • Cl* J CIAAMtCK}UAAAV lAl ACOUSItCAl Cf AtNO T CAAAf T VH4YI lAl riooA PAIHTlMGi'VtNVl HAG KKCS TOHI1 AAATiTiOHS fOlUT ACCfSSOAlfS lOCAlAS lOU\tAS r *f f C mAIA'TACA DOAAOS •WNTifvi** Devices MiSCIHTiAl I0U.A V%tNOC%V 0itA(OS »lOOA MATS ViHiCll CUATA iN mmOj€C»«OH ScAUN AC ^lUMAiNC »iA| 6AOTICTION laCTAXA;, 6CNIDUIIO VAtUC SyfTOTAl ♦ u total •6S6O0 IS 607 00 197.3a9 04 117 233 00 IS 039 7S 19 1 29 20 SI S7400 9S 497 16 WJ t63 OC ns 911 00 S 977 00 74 999 7S 27 9S4 00 3S 966 SS 9 422 47 29 130 49 120077 70 S30 00 7 I6S0G 2S063 00 2S6 67 40 000 00 3 961 00 29 740 P7 14 290 00 SS OSO (X* 13 979 00 9 649 00 22 797 00 29 729 00 33 204 00 1 937 SO 2 766 00 2 9S3 00 21 67SOO 1 09S00 694 12 1 11200 3 6SS 90 1 4IS 39 2 092 0C 2 3*6 00 269S 66 191 06 130 7S0 00 1 77 327 29 30S20 60 If* 760 30 2 109 26S 9S 99 91264 2 r.9 1 79 49 MVVMTUt AmCATOI 96 S6B 30 IS 007 00 197 399 04 117 23300 SI 910 22 11 699 60 2 7 739 00 9S 497 16 173 663 CO 11s 911 00 S 977 00 74 999 7S 27 9S4 00 36 966 SS 9 422 47 29 130 48 120 077 /O S30 00 7 16S00 2S063 00 2S667 40 000 00 3B6SOO 29.74C C7 14 290 00 bS 66G C: 14 0 79 00 9649 00 22 787 00 29 729 00 33 204 00 1 937 SO 2 76AOO 2 9S3 00 21 67SOO 1 OtS X 468 00 1 1I20C 3 966 90 1 62S 2C 2 092 00 2 31S OC 2 69S 66 111 06 130 7SCX 1 77 327 29 30 S26 60 191 760 X 2 0S3 196 41 97 296 12 2 ISO 441 S3 1M4 AmCATON 000 000 000 000 000 000 23 136 00 000 OOC 000 000 000 000 0 00 000 000 000 000 000 000 000 000 000 oco 000 000 1200 001 oco 000 000 000 000 000 000 000 000 126 12 000 000 • 20991 000 000 000 000 000 000 000 000 23 SS2 31 000 23 S62 31 •lOAtO MATINMi 000 000 000 000 000 000 000 000 0 00 000 000 000 000 C 00 OOC 000 OOC OX ox ox ox ox ox 0 cc ox t X ox OX ox 0 X ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox lOfAi TO DAT! 96.669 X 1SX7X 197.399 04 117 233X M 9I0 22 II 999X SI S74X iS 497 16 173663X 11s 911 X S 677 X 74 889 76 27 964 X 36 966 SS 9 422 47 29 1M 48 120 077 70 sxx 7 16SX 26 X?X 2S6 67 *000000 3 666 X 29 740 07 14 2XX SS 660 X 13 979 X 9649X 22.797 X 29 729 X 33 204 X 1 937 SO 2 766X 2 963 X 21 676X 1 X6X 694 12 1 11IX 3 ess X 1 4IS 39 2 C92 X 2 31s X 2 696 66 191 06 130 760 X 177 327 29 y> 626 X 191 7MX 2 076 707 72 97 2M 12 2 173 993 84 IX IX IX IX 69 66 IX IX id : IX IX IX IX IX IX IX IX IX IX IX IX IX IX 1^ IX u, IX IX IX IX IX IX IX IX IX IX IX IX IX ID- IX IX IX IX IX IX IX IX 9ALANCI TOTNHM ox ox ox ox 26 129 S3 6 4 29X ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox 0 X ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox 32 669 13 1.926 62 34 164 66 AHAMACf 2.164 20 ox 3.M7 69 OX 2.94611 664 99 2.S79 70 2.137 41 OX OX OX ox ox ox ox ox ox ox ox ox ox ox ox ox ox mm* ox 000 000 000 ox ox ox ox ox ox ox ox cx ox ox ox ox ox ox ox ox ox 13 919 41 2.432 16 16 360 66 b . iiiiifiiifiiiiifliiniiaiftiltoi j - r Ir-n - Tl-Wi— V 1 ----------- REQUEST FOR COUNCIL ACTION 2 5 2003 Cl I y OH OHO,w > I «^r uhONO DATE: August 21,2003 ITEM NO: 22- Department Approval: Name Ron Moorsc Title City Adminisliaior Administrator Reviewed:Agenda Section: Cit> Administrator’s Report Item Description: Long Lake Fire Stafion Drainage Solution The Long Lake Fire Station Building Committee, along with die Project Manager and the Civil Engineer, has reviewed a number ol options for resolving the stormwater drainage issues at the Long Lake Fire Station. A plan showing the recommended drainage solution is attached. Because the plan mainly reflects reconstruction and regrading in accordance with the original construction plans, the cost ol the vast majority of the work will be borne by the General Contractor and the relevant sub-contractors. The elements of the solution are as follows: North Side of Building Remove the e.xisting driveway pavement and base, curbing, and sidewalks, and replace them at grades and slopes that enable positive drainage away from the building. Install drain tile along the north side of the building to provide a secondary way to move water that could drain more slowly from the grassed area along the building. West Side of Building Remo\ e several sidewalk panels, and replace them with panels at a grade and slope that enables positive drainage away from the building. Regrade the central portion of the lawn area to enable drainage from the flagpole area to flow to Willow Drive. East Side of Building Replace two sidewalk panels to enable positive drainage away from the building. Costs Not Borne bv General Contr.actor The cost of the drain tile on the north side of the building will not be borne by the General Contractor. I he cost related to this portion ol the solution will be provided at the council meeting. Because the work described above will be accomplished in a time frame that is out of sync with the completion of the building, it is important to clarify that the warranty period for this work will begin upon acceptance of the completed work by the Cities. r> • Cri I. ^ iknui COUNCIL ACTION REQUESTED: Motion to approve the plan to resolve the drainage issues at the Long Lake Fire Station, with the condition that the warranty period for the approved work will not begin until the acceptance of the completed work by the Cities. rIf V ' -V mn ENOC AO REMOVAL 8TA2^2S.47 TOP OF SOUTH CURB VERTICAL ALIGNMENT POINT ID STATION ELEVATION CURVE DATA GRADE Distancelengthm VALUE BOP 003 00 1007.13 -5 67%nr 00 VPI 04-7b 00 1004 75 80 00 0 52 -0 50%151.47 eop 2426 47 1004.00 \_ miOVE2NDAND3Ra PANEL FROM DOOR LLCUQ BKV GROUP ArcNtmck»9 MvlordMan Group he. 2S Nvffi Swono SlrvM MhnMpoft.MNSS40l Tiliphmc 41I339Jm fOcMK 4l2J9i3l2 wwwlAvgroup.com totot tw C*c« m SA3«J-fi00 iONGUa K(*y Notes REMOVE CURB EQUnSi <|> REMOVE CONCRETE «VMX REMOVE BITUMBI0U8 PAVEMENT <;^ MSTAUPEDRMIP Q0 REMOVE AREINSTMLPra RAMP REQUEST FOR COUNCIL ACTION .................—-iMG AUG 2 5 2003 Oi I r ur UHONU DATE: August 21.2003 ITEM NO: ^3 Department Approval: Name Tom Kuehn Title Finance Director Administrator Reviewed: Agenda Section: City Administrator's Report0 Item Description: Disposal of Excess Public Works Vehicle - Hennepin County Auction The Public Works Department has a 1994 truck used in the water and sewer utilities, which is no longer needed, as it has been replaced. The truck, identified as number 712, is now surplus property and should be sold. The City generally disposes of such surplus property by participating in auctions sponsored by Hennepin County. The auctions, open to the pubic, are for the sale of items owned by Hennepin County and the members of its Cooperative Purchasing Group, all governmental units. The auctions, usually three each year, are held on Saturday mornings at the I lennepin County Department of Public Works, located at 1600 Prairie Drive. Medina. The next auction is September 20, 2003. COITNCIL ACTION REQUEST r*fN. Motion to declare public works vehicle #712, a 1994 Chevrolet one-ton truck, as excess city property and to authorize its sale by participation in the Hennepin County auction to be held at 10:30 a.m.. on Saturday, September 20,2003, at Hennepin County Department of Public Works, 1600 Prairie Drive, Medina. Word Comiol-Artioi \200Jv H«wCoA nc IM J mpi i t I I 1 ^3 a *ue s CiTy Resolution Recognizing the Organizers of the Casco Point Neighborhood Night Out Event Be It Resolved, Bv the Citv Council of the Citv of Orono, That wc heartil> .hank Laura Dotzcnroth and Mar>' Tucker for the very wonderful and well organized Casco Point Neighborhood Night Out c\ ent, held on Tuesday August 5.2003;and That w e recognize that through their elTorts and the efforts of approximately 10 volunteers. 130 families participated in the event, contributing food, cash donations, and volunteer serv ices: and That we express our appreciation to the Westonka Lions, who provided brats and hotdogs, and to Tropical Breeze, who supplied the music; and That the event w as veiy w ell done with very good food; and That these individuals who took their time to contribute to the spirit of Neighborhood Night Out arc to be congratulated and recognized. And Be It Further Resolved. That this resolution be entered upon the journal of the Council and a copy of it be sent to the press for publication. Adopted by the City Council of Uic City of Orono, Minnesota at a regular meeting held on August 25,2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mavor REQUEST FOR COUNCIL ACTION ..................—— AUG 2 5 2003 CU Y OHONU DATE: August 21,2003 ITEM NO: 2>\ Department Approval: Nune Lin Vee Administrator Reviewed:Agenda Section: Licenses Tide City CleA Item Description: List of Licenses for Oimncil Approval CLUB FIREARM USE PERMIT 1.Annual Permit for Trap Shooting: Park Gun Club 3660 Sixth Avenue North COUNCIL ACTION REQUESTED: Motion to approve/deny the above listed licenses.ii' \\ - • < V ■ ■. ' r i \\ o 0> ii CITY of ORONO Municipal Offices StTMt UdrtSS: 2750 Kelley Parkwey Orono, MN 55356 Mailing AMrttS: P 0. Box 66 Crystal Bay, MN 55323 0066 LIMITED FIREARMS USE PERMIT $10.00 OCCASIONAL PERMIT NUMBER: 2003-001 $25.00 ANNUAL XX(CLUB)PERMIT EXPIRES: AUGUST 31,2004 $25.00 CAME ANIMALS (l=m>tted Use) REPRESENTATIVE:Ruby Gcschwind 4939 Vera Cruz Crystal, MN 55429 763-537-8253 THIS PERMIT AUTHORIZES: PARK GUN CLUB to discharge SHOT GUNS ONLY TRAP SHOOTING 3660 SIXTH AVENUE NORTH from September 1, 2003 to August 31, 2004 RESTRICTIONS: 1 his permit is issued for the above purpose. The holder must obey all of the laws and ordinances of the United States, State of Minnesota, County of Hennepin, and CityofOrono in the use of this permit. The permit may be revoked at any time by the City of Orono by notifying the holder in accordance with the ordinance granting the permit. Hunting of game animals or game birds is proiiibited in the City unless specifically stated in this permit. Date issued: August 26, 2003 (SEAL) City Administrator 1Uc|4i9|ie (952) 249-4600 • Fu (952) 249-4616 wwwxLoroiMJnii.iis I MMillMlMHliiatt APPLICATION FOR FIREARM USE PERMIT CITT OP OROMO DATE: ^3_ _ _ _ ._ _ _ _ APPLICANT'S NAME; _ _ _ _ 4886.1(34) kt\ 513^6' RECElVuD 1 4 . Cl»t Or OrtOiMO APPLICANT'S ADDRESS; ^^39 VjiU^ street ci w zipci^ PROPERTY OWNER'S NAME: ^'l-ZZ CMu^ PROPERTY OWNER'S ADDRESS: 3& (oO • ,^2*J ^ DESCRIPTION OF PROPERTY; TYPE OF PERMIT: $25.00 ANNUAL $10.00 OeeitSTONAL (Club Only)(15 to 120 Days) $25.00 fififIK (Limited Use) DATE STARTING PURPOSE; • / *2^/) 3 DATE ENDING; 3 L0.60 9 RESTRICTIONS;f I agree that this permit dccrr.'t allow the hunting of game birds or game animals in the City of Orono unless specifically stated in this permit and agree to abide by all applicable federalp state and local laws. Fee Paid: Date: Signature of applicant RECOMMENDED; YES NO Check: Cash:PubTP?t Safety Director Initials: APPROVED;YES NO City Administrator REMARKS; CITY OF ORONO 08/21/03 4 56 PM Page 1 *Check Detail Register® AUGUST 2003 Chsck Amt Invoice Comment .......—-.mg AUG 2 5 2003 Cl I r ufiONo 10100 PrimeryCeth PaidChk# 0765^ '^8/25/2003 ACTION RADIO & COMMUNICATIONS E 10M2110-402 Repairs/Maint-Auto Equip $75 00 2590 Total ACTION RADIO S COMMUNICATIONS $75.00 Siren Control #152 Paid Chk# 076565 8/25/2003' ADAMSON INDUSTRIES CORP E 10M21 10-402 Repairs/Maint-Auto Equip $67,95 33035 Total ADAMSON INDUSTRIES CORP $67 95 Wheel Covers Paid Chk# 076566 8/25/2003 ANDERSON. BRUCE E 101-42110-489 Other Miscellaneous Charges Total ANDERSON. BRUCE $11 05 8/10A)3 %U.0S Rolls - Corn Days Paid Chk# 076567 8 25/2003 APACHE GROUP E 101-41900-489 Other Miscellaneous Charges Total APACHE GROUP $367 43 78106 $367.43 C-Fold Towels Paid Chk# 076568 8/25/2003 AUGIES MOBILE CHEF E 613-49900-093 Concessions For Resale-Txbl Total AUGIES MOBILE CHEF 20350 $36 84 Hot Dog. Cheeseburger Paid Chk# 076569 8/25/2003 BATTERIES PLUS E 101-43000-221 Equipment Parts & Accessorijs Total BATTERIES PLUS $22_16 18-70826 $22 16 3 6v Ion Battery Paid Chk# 076570 8/25/2003 BFI OF MINNESOTA. INC E 101-45200-404 Repairs/Maint-6»ugs/orounas E 101-45200-404 Repairs/Maint-BldgS'Grounds E 101-41900-469 Other Miscellaneous Charges E 613-49830-489 Other Miscellaneous C^arges Tot Jl BFI OF MINNESOTA. INC $157 bu toot i15 $131 50 1307214 $502 34 1307420 $144 66 1307461 $936 30 Waste Service - Bideneood Waste Service - Summit Waste Serv - CH Waste Service - GC Paid Chk# 076571 8/25/2003 BIFFS INC. E 101-45200-415 Other Equipment Rentals E 101-45200-415 Other Equipment Rentals E 10 1 -45200-4 15 Other Equipment Rentals E 613-49830-415 Other Equipment Rentals E 101-45200-415 Other Equipment Rentals E 101-45200-415 Other Equipment Rentals Total BIFFS INC. $177 82 $121 82 $121 82 $60.91 $60 91 $256 91 $800 19 W198195 W198196 W198197 W198198 W198199 W198200 Portable - Biderwood Portable - Summit Beach Portable - Hackberry Portable • GC Portable • Crystal Bay Portable - Navarre ! Paid Chk/r 0T6572 8'2'7003 BONESTROO ROSENE & ASSOC. E 101-43170-304 Engineering-Consultir 3 $499 07 99602 Survey Bus Shelter CRISAKelley E 101-43170-304 Engineering-Consultir 1 $37 00 99602 LL Shoreline Stabilization Pla E 101-43170-304 Engineering-Consulting $74 00 99602 Street Index Map Print E 101-43170-304 Engineering-Consulting $96 00 99602 Willow Dr & CR6 Study E 10I-43170-3C4 Engineering-Consulting $261.00 99602 Convert Utilities data for CIS E 101-43230-304 Engineering-Consulting $1,408 62 99602 Applications 4/2003 E 101-43170-303 Engineering-Retainer $100 00 99602 Council Mtgs June 2003 G 602-16500 Fixed Asset-Const in progress $2,463 20 99603 SCADA E402-4803:-234 Engineering-Consulting $96 00 99604 Co Rd 19 Sidewalk E 651-49910-304 E ngineering-Consuttmg $2 15295 99605 Stubbs Bay Rd Erosion Imp G 602-16500 Kixed AsMt-Const in progreu $78559 99606 NLL Swr Ext-John Makay G 602-16500 Fixed Asset-Conet in progress $44981 99607 CR15 Forcemain Imp-Spates G 602-16500 Fixed Asset-Const, iti progress $94592 09608 Heritage Dr Swr Addn E 406-48736-304 Engineering-Consulting $1.420 20 90609 Femdale Rd Bridge Replace CITY OF ORONO *Check Detail Register© 08/21/03 4 56 PM Page 2 AUGUST 2003 Check Amt Invoice Comment E 425-48945-304 Engineering-Consulting E 425-48945-304 Engineering-Consultmg G 601-16500 Fixed Asset-Const in progress E 402-48037-304 Engineering-Consulting E 425-48945-304 Engineering-Consulting Total BONESTROO ROSENE A ASSOC. $7.654 04 99610 $2.887 16 99611 $1.198 00 99612 $1.578 20 99613 $2.092 08 99614 $26.198 84 Nav Fire St & Util Imp Nav Fire St & Util Imp Industrial PK Wtr Main Imp Fox St Bridge Replace Nav Fire Site Imp Paid Chk# 076573 8/25/2003 BUDGET PRINTING E 601 -49400-489 Other Miscellaneous Charges Total BUDGET PRINTING $7 86 8/6/03 $7 86 Shipping Charges Paid Chk# 076574 8/25/2003 CARDIAC SCIENCE E 101-41110-101 Full-Time Employees Regular Total CARDIAC SCIENCE $8368 833833 $8368 Electroids Paid Chk# 076575 8/25/2003 CARGILL SALT E 601 -49400-216 Chemicals and Chem Products Total CARGILL SALT $2.231 20 802217 $2,231 20 Solar Salt Paid Chk# 076576 8/25/2003 CITY OF ORONO PETTY CASH E 101 -43000-221 Equipment Parts & Accessories E 101-41900-322 Postage E 101-41300-439 Meeting Expenses E 101-42110-441 Licenses & Taxes E 101-42400-439 Meeting Expenses E 101-42400-331 Travel Expenses E 101-43000-212 Motor Fuels & Lubricants Total CITY OF ORONO PETTY CASH $7 68 $11.10 $29.46 $3 00 $3084 $8 50 $18 00 $108 58 8/2003 8/2003 8/2003 8/2003 8/2003 8/2003 8/2003 . fitly Cash Reimbursement Petty Cash Reimbursement Petty Cash Reimbursement Petty Cash Reimbursement Petty Cash Reimbursement Petty Cash Reimbursement Petty Cash Reimbursement Paid Chk# 076577 8/25/2003 CRYSTEEL G 602-16500 Fixed Asset-Const in progress Total CRYSTEEL $19.953 84 FI6508 $19.953 84 Box & Accessories #712 Paid Chk# 076578 8/25/2003 CULLIGAN E 613-49830-403 Repairs/Maint-Misc Equip Total CULLIGAN $M 00 101-09083676-Softener Service $1400 PaidChK# 076579 8/25/2003 DAHLKE TREE SERVICE E 101-43000-408 Contracted Street Mamt $1.312 50 8/5/03 Total DAHLKE TREE SERVICE $1312 50 Tree & Stump Removal Paid Chk# 076580 875/2003 DCA - WIRE ONLY G 101-21719 DCA/Spending Accounts Total DCA-WIRE ONLY $771 48 8/20/03 $771 48 Spending Accounts 8/20/03 Paid Chk# 076581 8/25/2003 DELTA DENTAL p G 101-21709 Dental Insurance G 101-15998 Non-Employee Health Ins Tout DELTA DENTAL $1.51330 37220072 $129.65 37220072 $L642 95 DenUI 9/2003 Dental 9/2003 Paid Chk# 0/6582 8/25/2003 DICKS AUTO DETAILING E 101-42110-402 Repairs/Maint-Auto Equip $150 00 23952 Clean a 192 ToUl DICKS AUTO DETAIUNG SIMOO Paid Chk« 076583 8/25/2003 OUTER COOLING A HEATING E 101-43290-800 Special ProjecU, Contingency $4,350.00 30270 Air Ventilation Imp f ' E 101-42110-404 Repaln/Maint-BMgi/Qrounda $802.00 39276 AifFiHef-PO a L • "'•fJ'J'Tl CITY OF ORONO 08/21/03 4 56 PM Page 3 *Check Detail Register® AUGUST 200D Check Amt Invoice Comment E 101 -42110-404 Repairs/Maint-Bldgs/Grounds Tout OUTER COOLING & HEATING $4.35000 39276 $9,502 00 " Air Ventilation Imp PatdChk# 076584 6/25/2003 DOBO'S E 101*41110-439 Meeting Expenses Tout DOBO S $134 37 5257 $134 37 Food • Work Sessions Paid ChK» 076585 8/25/2003 E J MAYERS INC G 602-16500 Fixed Asset-Const in progress G 602-20600 Contracts Payable G 602-16500 Fixed Asset-Const in progress G 602-20600 Contracts Payable Tout EJ MAYERS INC $2,586.10 RFP#2/F $1.976 98 RFP#2T^ $3,802 00 RFP2/F $431 25 RFP2/F $8.79633 RFP«2/F NLL Swr Ext RFP#2/F NLL Swr Ext RFP#2/F Heritage Swr Ext RFP#2/F Hentage Swr Ext Paid Chk» 076586 8/25/2003 E-Z RECYCLING E 101-43270-316 Contract Recycling Pickup ToUl E<Z RECYCLING $6.4M.20 5478 $6,409 20 Recycling 8/2003 Paid Chk» 076587 6/25/2003 EARL F. ANDERSON A ASSOC. E 101-43000-224 Street Maint Materiats/Supply E 101-43000*224 Street Mamt Matenals^Supp!/ E 101-43000-224 Street Mamt Matenals/Supply ToUl EARL F. ANDERSON A ASSOC. $1,688 88 55292 $59 86 553GG $197.97 55314 $2,14671 Street Signs Bolts Brite Side Posts Paid ChkJ 076588 6/25/2003 EAST SIDE BEVERAGE E 613-49900-091 Beer For Resale Total EAST SIDE BEVERAGE $122 40 433630 $122 40 Beer for Re^al* Paid Chk# 076589 8/25/2003 EASTMAN KODAK CO E 101-41900-401 Repairs'Mamt-Office Equip ToUl EASTMAN KODAK CO $457 00 259180097 $457 00 Mamt Contract 10/1-9/30/04 Paid Chk# 076590 8/25/2003 EGAN MCKAY ELECTRICAL CONTRCTR E 101-43000-408 Contracted Street Maint $183 75 JC3011329 Total EGAN MCKAY ELECTRICAL CuNTRCTR $163 75 Signal-TH12/CR6 Paid Chk# 076591 8 25/2003 EGAN MCKAY ELECTRICAL XCONTRAC E 402-48036-590 Street Construction S12.55C00 RFP1F Total EGAN MCKAY ELECTRICAL XCONTRAC $12,550 00 RFP1/F Wilk>w/TH12 Turn Arrow Paid Cnk# 076 52 8/25/2003 ELECTRIC RESOURCE CONTRACTORS E 101-43000-403 Repairs'Mamt-Mfsc Equ'p $3 000 00 32426-1 E 602-49450-4C6 RepairsrMami-Swr Imes/lifts $200 00 32426-2 E 101-41900-4G4 Repairs. Mamt-Bldgs'Grounds $185 53 32725 E 1C1-42110-404 Repairs/Maint-Bldgs/Grounds $185 54 32725 ToUl ELECTRIC RESOURCE CONTRACTORS $3,571.07 Auto Transfer Swich Disconnect GS #6 Outlet - Vemnar System Outlet - Venmar System Paid Chk# 076593 6/25/2003 ESS BROTHERS & SONS E 602-49450-227 Utility System Maint. Supplies E 602-49450-2;7 Utility System Mamt S'ipplies E 602-49150-227 Utility System Mamt Supplies ToUl ESS BROTHERS A SONS $45 80 FF3371 $89 46 FF3380 $498 42 FF3605 $633 68 Adi Rings Adj Rings Adj Rir>gs. lids Paid Chk# 076594 a‘25/2003 F F JEDLICKI INC E 425-48945*530 Other Improvements G 425-20600 Contracts Piyable E 425-48945-591 Sewer/Water Utility Const $52,451 LJ RFP3/F $13.271 26 RFP3/F $579 00 RFP3/F RFP3/F N«v Fire-SVSiU Work RFP3/F Nav Fire - ReUinage RFP3/F Nav Fire-San Swr * i CITY OF ORONO Check Detail Register® 08/21/03 4 56 PM Page 4 t AUGUST 2003 Check Amt Invoice Comment E 425-48945-592 Storm Sewer Utility Const Total F F JEDLICKI INC $2,200^ RFP2.T S68.M1 76 RFP3/F Nav Fire-Strm Swr Paid Chk» 076595 FORD CONSTRUCTION E 602-49450^06 Repairs/Maint-Swr lines/lifts Total FORD CONSTRUCTION $2.244 68 1 546 $2,244 68 Repairs • GS #6 Paid Chk# 076596 8/25/2003 G A K SERVICES E 601 •49400-226Clothing & personal equipme***$12 17 006-638700 Unifoims E 101-43000-221Equipment Parts & Accessories $54 64 006-638700 Shop Towels E 602-49450-226 Clothing & personal equipment $36 51 006-638700 Unifoms E 613-49830-226Clothing & personal equipment $5.76 006-638700 Uniforms E 101-43000-226Clothing & personal equipment $7296 006-638700 Uniforms E 602-49450-226 Clothing & personal equipment $34 86 006-645406 Uniforms E 601-49400-226Clothing & personal equipment $11 62 006-645406 Uniforms E 101-43000-226Clothing & personal equipment $69 70 006-6454C3 Uniforms E 613-49830-226Clothing & personal equipment $5.76 006-645406 Uniforms E 601-49400-226Clothing & personal equipment $12.18 C06-652055 Uniforms E 101-43000-221Equipment Parts & Accessories $55.60 006-652055 Uniforms E 613-49630-226Clothing & personal equipment $5.76 006-652055 Uniforms E 101-43000-226Clothing & personal equipment $7301 006-652055 Uniforms E 602-494S0-226Clothing & personal equipment $36 54 006-652055 Uniforms E 101-42110-404Repairs/Maint-Bldgs/Grounds $10611 006-658612 Mat Service • PD E 101-41900-404Repairs/Maint-Bldgs Grounds $54 90 006-658613 Mat Service - CH E 101-41900-404Repairs/Maint-Bldgs/Grounds ____$6207 006-658614 Mat Sen/ice - CC Tout GSKSERVICES $710.15 Paid Chk« 076597 8/25/2003 GAME TIME E 101-45200-223Bldg/Grounds Mainl Supplies $458 23 691216 Playground Digger Total GAME TIME $45823 Patd Chk« 076598 b/25/2003 GENUINE PARTS CO. E 101-43000-221Equipment Parts & Accessories $2070 743891 Air riltc; Tout GENUINE PARTS CO.$2070 Paid Chk# 076599 8/25/2003 GERRING'S CAR WASH E 101-12110-402Repairs/Maint-Auto Equip $8 00 6/11/03 Car Wash E 101-42110-402Repairs/Malnt-Auio Equip $1100 6/12A)3 Car Wash E 101 42110-402Repairs'Maint-Auto Equip $8 00 6/14/03 Car E 101-42110-402Repairs Maint-Auto Equip $9 00 6/28/03 Car Wash E 101-42110-402Repairs/Maint-Auto Equip $8 00 6/9/03 Car Wash E 101-42110-402Repairs/Maint-Auto Equip $9 00 7/19/03 Car Wash E 101-42110-402Repairs/Mamt-Auto Equip $8 00 7/26A)3 Car Wash E 101-42110-402Repairs/Mamt-Auto Equip $11 00 7/5A)3 Car Wash E 101-42110-402Repairs/Maint-Auto Equip $9 00 8/3/03 Car Wash E 101-42110-402Repairs/Mamt-Auto Equp $11 00 8/9/03 Car Wash Tout GERRING S CAR WASH $92 00 Paid Chk# 076600 8/25/2003 GOLF CAR MIDWEST E 613-49830-415Olker Equipment Rente!*$1 600 00 9904 Cart Lease 7/2003 ToUl GOLF CAR MIDWEST $1.600 00 Paid Chkt« 076601 8/25/2003 GOPHER STATE ONE-CALL E 601-49400-439Other Miscellaneous Charges $68 20 3070624 July 2003 Locates a E 602-49450^1 ^9 Other Miscellaneous Charges $68 20 3070624 July 2003 Locates f ToUl GOPHER STATE ONE-CALL $136 40 CITY OF ORONO *Check Detail Register® 08/21/03 4 56 PM Page 5 AUGUST 2003 Check Amt Invoice Comment Paid ChkO 076602 8/25/2003 GRAINGER E 602-49450«221Equipment Parts & Accessories $55 59 495-284208-8Socket Set. Hex key Total GRAINGER $5559 Paid Chk« 076603 8/25/2003 HANCE UTILITY SERVICES. INC E 101-41900-489Other Miscellaneous Charges $6500 7093 Locate Total HANCE UTILITY SERVICES. INC $6500 Paid Chk» 076604 8/25/2003 HENNEPIN COUNTY INFOR TECH DPT E 101-41900-329Other Communications $8811 23077183 Data Base Access Totol HENNEPIN COUNTY INFOR TECH DPT $88.11 Paid Chk# 076605 8/25/2003 HENNEPIN COUNTY TREAS - TRANS E 402-48030-441Licenses & Taxes $50 00 Permit County Rd 19 Sidewalk Tout HENNCPIN COUNTY TREAS - TRANS $50 00 Paid Chk« 076606 6/25/2003 HERMAN, JOHN E 101-42110-201Office supplies $63 22 8/15A)3 Photo Paper Total HERMAN. JOHN $63 22 Paid ChkA 076607 8/25/2003 HINSHAW & CULBERTSON E 101 43280-307 Legal-Consuiting $7000 10320603 Site Lease AT & T June 2003 E 101-43280-307 Legal-Consulting $2240010320603 Meyer Lot Line June 2003 E 10:-43280-307 Legal-^aOnsutting $1.428 00 10320603 Boyer/Mintaka June 2003 E 101-43230-307 Legal Consulting $3,805 40 10320603 Stonebay Applic June 2003 E 101 43280-307 Legal-Consulting $41 00 10320603 Metro Legal-Applic 02-2795 E 601-49400-307Legal-Consultirg $1 242 50 IU«>«.w3U4 Water Tower Lease AT&T E 101-41600-307Legal-Consulting $715 00 10320604 Cable Prop Zoning Violation E 101-41600-307Legal-Consulting $7488 10320604 Bottenberg Matter E 101-41600-307Legal-Consulting $97.00 10320604 Tit!e Check Hcnn Co Prop E 101-43280-307 Legal-Consulting $78 00 1C320604 AnoliC E 101-41600-307Legal-Consulting $31 76 10320604 Misc Gen Legal June 2003 E 101-41600-307Legal-Consulting $520 00 10320604 Barrett-Land Use Staff Mtg E 101-41600-307Legal-Consulting $112 00 10320604 Langdon Park Declaration E 101-4^600-305Legal-Retainer $1,300 00 10320605 Council Mtgs June 2003 E 101-4.U00-307Legal-Consuttirg $390 00 10320607 Spec Council Mtg-Roberts Rules E 101-41600-307Legal-Consulting $637 00 10320607 Nygard Resignation E 601-49400-307Legai-Consultmg $195 00 10320607 Review AT&T Tower Lease E 425-48945-304Engineering-Consulting $32 00 10320608 Nav Fire • Doc Delivery Total HINSHAW a CULBERTSON S10.993 54 ‘SidChk# 076608 8/25/2003 HUEBSCH RENTAL SERVICE E 613-49830-404 Repairs/Mamt-Bldgs/Grounds $25 66 860980 Mat Service • GC Total HUEBSCH RENTAL SERVICE $25 66 ‘Paid Chk» 076609 8/25/2003 LABOR RELATIONS ASSOC E 101-42110-319Other Professional St yices $189 00 8/1/03 LELS Grievance Issues Total LABOR RELATIONS ASSOC $189 00 'Paid'Chki '076610 " 8725/2003 LAKE BUSINESS SUPPLY E 613-49330-201 Office supplies $144 81 8/9/03 Register Rolls Total LAKE BUSINESS SUPPLY $14481 'Paid Chk> 076611 6/2572003 LUE S OIL COMPANY s E 101-43000-212Motor Fuels & Lubricants 31450 Oil Filler Disposal Total LOE S OIL COMPANY ... $65 00 * CITY OF ORONO Check Detail Register© 08/21/03 4 56 PM Page 6 AUGUST 2003 Check Amt Invoice Comment Paid Chk# 076612 8/25/2003 LUBE TECH E 101-43000-212 Motor Fuels & Lubricants Tout LUBE TECH $376 M 983868 S37854 Oil. Grease PaidChk# 076613 8/25/2003 MEDtCA G 101-15998 Non-Employee Health Ins G 101-21706 Hospitalization/Medical Ins G 101-21706 Hospitalization/Medical Ins G 101-15998 Non-Employee Health Ins G 101-21706 HospftalizaUon/Medical Ins Total MEDICA $374 60 103244102552 Medica High-9/2003 $9.937 20 103244102552 Medica High-9/2003 $2,191.74 103244122585 Medica Low - 9/2003 $1,894 79 103244125488 Medica Elect - 9/2003 $9,036 25 103244125488 Medica Elect • 9/2003 $23434 58 PaidChk# 076614 8/25/2003 MET COUNCIL ENVIRONMENTAL SVCS E 602-49450-383 K^CC-Current Charges $22.568 00 760392 Total MET COUNCIL ENVIRONMENTAL SVCS $22 568 00 Wastewater 9/2003 Paid Chk# 076615 8/25/2003 MIDWEST ASPHALT E 101-43000-224 Street Maint Matehals/Supply E 101-43000-224 Street Maint Materials/Supply Total MIDWEST ASPHALT $165 75 71343MB $1.02473 71377MB $1,190 48 Hand Patch Hand Patch Paid Chk# 076616 8/25/2003 MIDWEST COCA COLA BOTTUNG CO E 613-49900-092 Soft Drinks For Resale 62474082 Tout MIDWEST COCA COLA BOTTLING CO $107 30 Soda for Resale Paid'Chk# 076617 825/2003 MINNEAPOLIS OXYGEN COMPANY E 101-43000-221 Equipment Parts Accessories $61.36 7031283 Cylinder Rental Total MINNEAPOLIS OXYGEN COMPANY $61 36 Paid Chk# 076618 8/25/2003 MN DEPT OF REVENUE G 613-20806 Due to Govts-State Sates Tax G 601-20806 Due to Govts-State Sales Tax R 1 Cl-34210 General Taxable Sales/Service ToUl MN DEPT OF REVENUE $2.488 00 7/2003 $375 00 7/2003 $15 00 7/2003 •2.878 00 Sales Tax 7/2003 Sales Tax 7/2003 Sales Tax 7/2003 pJidCfhk# 076619 8/25/2003 MN DEPT OF TRANSPORTATION E 101-43000-433 Memberships & Subscriptions $55 (^5152 Total MN DEPT OF TRANSPORTATION $55 00 uOT Manuals PaIcrC.‘;kTF76620 8/25/2003 MN GOVT FIN. OFFICER S ASSN E 101-4:300-137 Training 8 Development $200 00 Kuehn E 101-41500-437 Training & Development $4.00 00 Olson Tout MN GOVT FIN. OFFICER'S ASSN $400 00 2003 Confererence-Kuehn 2003 Confererence-OIson Paid'ChKi 076621 8/25/2003 MN HIGHWAY SAFETY CENTER E 101 -42110-437 Training & Oevelopmenl Tout MN HIGHWAY SAFETY CENTER $271.00 7/30/03 $271 00 LE Driving • Russeth Paid Chk# 076622 8/25/2003 MORRIES FORD E 101 -42110-402 Repairs/Maint-Auto Equip ToUl MORRIES FORD $19 62 388641 $19.62 Ford Emblem E 613-49630-404 Repairs/Maint-Bldgs/Grounds E 613-49830-403 Repairs/Maint-Misc Equip E 613-49830-223 Bidg/Grounds Maint Supplies $125 00 356219-00 $1.467 74 3565434)0 $105 97 362201-00 Irrigation Work » Trans Pump -Rough Mower Putting Cup, Turf Repairer ^ J CITY OF ORONO 08/21/03 4 56 PM Page 7 *Check Detail Register® AUGUST 2003 -----------Check Amt Invoice Comment Total MTIDISTCO.$1.698 71 Paid Chk# 076624 8/26/2003 MUNICIPAL CODE CORPORATION E 101-41900-311 Data Processing Communication $30000 55594 Annual Internet Code Fee Tout MUNICIPAL CODE CORPORATION $30000 Paid Chk# 076625 6/25/2003 NAVARRE HARDWARE E 601-49400-221 Equipment Parts & Accessories $6 84 119743 Misc Galvanized E 601-49400-227 Utility System Maint Supplies $340 121301 Muriatic Aod E 602-49450-227 Utility System Maml. Supplies $594 121745 Galv Cap - GS #6 E 601-49400-221 Equipment Parts & Accessories $12 76 122362 Marking Paint E 101-41900-223 Bldg/Grounds Maint. Supplies $1596 122364 Ext Cord E 101-43000-221 Equipment Parts & Accessories $8 30 122473 Staple. Wi*^ E 101-45200 223 Bldq/Grounds Maint Supplies $6686 122733 Grass Seed E 101-41900-223 Bldg/Grounds Maint Supplies $9 24 122743 Mortar Patch-PO ToUl NAVARRE HARDWARE $U'9.30 Paid Chk# 076626 8/25/2003 OFFICE DEPOT E 101-41900-2C1 Office supplies $3*907 212682068 Office Supplies E 101-42110-201 Office supplies $261 06 212682068 Office Supplies Total OFFICE DEPOT $580.13 Paid Chk# 076627 8/25/2003 OMAN.IYLE E 101-42400-331 travel Expenses $31.39 6/17/03 Milage Reimbursement E10" .2400-331 i.\ #elExpenses $32 43 6/23A33 Milage Reimbursement 101-42400-331 1 ^avel Expenses $20 80 7/16/C3 Milage Reimbursement E 1C* 4210^ '31 Travel C: r?nses $26 64 7/29/C3 Milage Reimbursement E 101-42400-331 Travel Expenses $24 09 7/31/C3 Milage Reimbursement E 101-42400-331 Travel Expenses $24 09 8/05/C3 Milage Reimbursement F. 101-42100-331 Travel Expenses $8 76 8A)7/a3 M4age Reimbursement E 101-42400 331 Travel Expenses $30 66 8/1/0:M:'uge Reimbursement Total OMAN. LYLE $198.86 Paid Chk# 076628 8/25/2003 OWENS COMPANIES. INC E601-4940CM03 Repairs/Maint-Misc Equip $702 96 69287 E 601 •49400-404 Repairs/Maint-Bldgs/Grou.ids $1.700 00 69373 Total OWENS COMPANIES. INC $2.402 96 Dehumidifier - Well 3 Air Drier • Nav Wtr Plant Paid Chk# 076629 8/25/2003 PIRTEK E 101-43000-403 Repairs/Maint-Misc Equip Tout PIRTEK $3318 21913 $33 18 Note 8/25/2003 PLUNKETTSPaid Chk# 076630 E 101-41900-404 Repairs/Maint-Bldgs/Grounds ToUl PLUNKETTS $79 88 $-72609 $79 88 Ye»o*vJ«J;fils-PO Ik# 076631 8/25/2003 PRUDENTIAL LIFE INSURANCE G 101-21710 Life Insurance $85 80 8/20C3 Life Insuiance G 101-21710 Life Insurance $656 25 8/2CC3 Life Insurance G 101-15998 Non-Cmptoyee Health Ins $28 65 8/2CC3 Life Insurance G 101-21710 Life Insurance $83 85 July 2003 Life insurance Premium G 101-15998 Non-Employee Health Ins $2885 July 2003 Life Insurance Premium G 101-21710 Life Insurance $656 25 Ju»y 2003 Life Insurance Premium G 101-21710 Life Insurance $8385 June 2003 Life Insurance ^ G 101-15998 Non-Employee Health Ins $2885 June 2003 Life Insurance * G 101-21710 Life Insunince $65625 June 2003 Li^ Insurance • »■_J CITY OF ORONO *Check Detail Register© 08/21/03 4 PM Paged AUGUST 2003 Checli Amt Invoice Comment Tout PRUDENTIAL LIFE INSURANCE $2 308 80 PatdChkd 076632 8/25/2003 QUARTERLY ADVERTISING. INC E613-49830-340 General Advertis j $325.^1881 ToUl QUARTERLY ADVERTISING. INC $3'’5 00 Display Adv • GC Paid Chk# 076633 8/25/2003 QW*EST E 601-49400-321 Telephone ToUl QWEST $103 00 S103-00 612e440016 Phone Service Paid Chk# 076634 8/25/2003 RICKS SUPERVALUE E 101-42110-221 Equipment Parts A Accessories $9 83 8A)8/03 Bottled Water • Corn Days E 613-49830-201 Office supplies $12 55 8/18/03 Plants. Trash Bags ToUl RICKS SUPERVALUE $22 38 Paid Chk# 076635 8/25/2003 SAFETY SIGNS E 101-43000-415 Other Equipment Rentals $172 14 30360 Barricades E 602-49450-406 Repalrs/Moint-Swr lines/lifts $690 80 31026 Traffic Cntrt • Cty 15 Break E 651-49910-227 Utility System Maint Supplies $528 70 31228 Traffic Signs-Willow Culvert E 101-43000-415 Other Equipment Rentals $181 58 31229 Barricades E 651-49910-227 Utility System Maint Su.oplies $W 95 31319 Traffic Signs-Wiliow Culvert Tout SAFETY SIGNS $1.W0.17~ Paid Chk# 076636 8/25/2003 SAMARITAN TIRE CO INC C 101-42110-402 Repairs/Mamt-Auto Equip Total SAr%:ARITANTIRECOINC $148 69 136595 $148 69 Tires - #195 Paid 076637 P/25/2003 SEC PAGING E 602-4945J-321 Telephone E 601-49-* 00-32 1 Teiepnone Toui SBC PAGING $34 11 48300508032 PW Pagers $34 12 4830050803? PW Pagers $68 23 PaldChk# 076638 8/25/2003 SHERWtl^WILLIAMS E 101-42110-221 Equipment Parts & A xessories ToUl SHERWIN-WILLIAMS $4 79 $479 7835-8 Paint Cans PaidChK# 076639 8/25/2003 STREiCHERS E 101-42110-221 Equipment Parts & Accessories E 1 C1 -42110-226 Clothing & personal equipment E 101-42110-226 Clothing & personal equipment Total STREICHERS $37 17 $127 69 $1906 $183 92 369983 1 370785 1 375391.1 Gun Lock Flash Ught/Holder-Russeth Disposable Cuffs Pad Chk« 076640 &25/2003 SUBURBAN RATE AUTHORITY E 101-41110-433 Memberships & Subscriptions $300 00 2r>;: half 03 2003 Membership Tout SUBURBAN RATE AUTHORITY $300 00 Paid Chk# 076641 8/25/2003 THORPE DIST CO. E 613-49900-091 Beer For Resale Total THORPE DIST CO. $139 00 $139 00 307098 Beer for Resale Paid Chk# 076642 8/25/2003 TOLL GAS A WELDING SUPPLY E 101-43000-221 Equ pment Parts & Accessories $69 97 E 101-43000-415 Other Equipment Rentals $6 05 Tout TOLL GAS A WELDING SUPPLY $76 02 262217 425235 Welding Supplies Cyiinde Rental Paid Cr.k# 076643 8/25/2003 UNIFORMS UNLIMITRO E 101-42110-226 Clothing A personal equipme it $143 62 183318 Badges t ' h j 'WWW CITY OF ORONO *Check Detail Register® 08/21/03 4 56 PM Page 9 AUGUST 2003 Check Amt Invoice Comment E 101-42110-226 Clothing & personal equipment Total UNIFORMS UNLIMITED ___$213 00 183541 $356A2~ Badge Shield - Herman l>aid ChM 076644 8/25/2003 US BANK • CM 9703 E 313-47000-620 Fiscal Agents Fees Total US BANK-CM 9703 $201 25 1233638 $201.25 Fiscal Agent Fees Paid Chk« 076645 8/25/2003 VESSCO INC. E 601-494C0-227 Utility System Maint Supplies ToUl VESSCO INC. $624 29 29450 $624 29 Chlorine Repair kits Paid Chk# 076646 8/25/2003 VOGT HEATING A AIR E 101-41900-404 Repairs/Maint-Bldgs/Grounds Total VOGT HEATING A AIR $1.75500 10753 $1,755.00 Condensing Unit - LR AC Paid Chki 076647 8/25/2003 WESTONKA GLASS SERVICE E 613-49830-404 Repairs/Maint-Bldgs/Grounds Total WESTONKA GLASS SERVICE $67.74 652464 $67.74 Window Repair Paid Chk# 076648 8/25/2003 WESTSIDE EQUIPMENT E 101-41900-403 Repairs/Maint-Misc Equip E 101-41900-403 Repairs/Maint-Misc Equip ToUl WESTSIDE EQUIPMENT $29 75 21500 $15600 21566 $185 75 Steel hose Fuel Pump Repair jPaid Chk# 076&49 6/25/2003 WIDMERINC E 601-49400-405 Repairs/Maint-Watermains/plant ToUl WIDMERINC $1.225 00 6169 $1.225 00 Carmen Street Main Break Paid Chk# 076650 8/25/2003 WILD RIVER CONTRACTING R 101-32510 Building Permits ToUl WILD RIVER CONTRACTING $321 25 P05352 $321 2*i Permit Issued in Error Paid Chk# 076651 6/25/2003 WINTERNHEIMER. AUSSA E 101-41300-319 Other Professional Services Tout WINTERNHEIMER. ALISSA $j^40 00 $140 00 Coyr>ert Mmytts 8/11 Fund Summary 10100 Primary Cash $251.786 01 10100 PrimaryCash 101 GENERAL FUND $75 200 16 313 I&99 IMPROVEMENT BCND $201 25 402 MUNICIPAL ST AID ST CONSTUCT $14.27420 406 PERMANENT IMPROVEMENT REVOLVE $1,420 20 425 NAVARRE FIRE STATION PROJ FUND $81.167 04 601 WATER OPERATING FUND $9,766 10 602 SEWER OPERATING FUND $60.003 60 613 GOLF COURSE $7.004 86 651 STORM WATER UTIUTY OP FUND $2 748 50 $251,786 01 CITY OF ORONO 080003 9:38 AM Pagal check register ChecK Nuiiioer Empli^yeti Name 053;32 053:33 053234 053:35 053236 053227 053238 053239 053240 053241 053242 053243 053244 053245 053246 053247 053248 053249 053250 053251 053252 053;.03 C53254 053255 053256 053257 053258 053259 0532o0 0532^1 053202 c53.^3 053264 053265 053266 053267 C522:8 053220 C53271 053: 053.23 053:~4 0532 :-5 053.26 053227 053228 053.29 001C24 001025 001C.6 00U27 001C28 001029 COU 3 coi; 1 coic:2 C01v^53 C01054 DODGE RACHEL M. LESK NEN. DENISE M SILUS BARBARA G ANDEr.SON BRUCE L ARNESON JOSHUA A. BOBZIEN. SUE A BORIS SCOTT W BUDIG STACIE M CARLSON MICHAEL B DEMDOUSKI. JAY C ERICKSON KURT R FARNiOK CORREYL FISCHENICH DANT MADSON. ADRIENNE M MCNICHOLS. DAVID L MOROWCZYNSKI. JAMES PERSELL. WILLIAM R REINKE. DRIEANA M. RUSSETH. KYLEM SCHUMACHER. MOLLY J. TOMCHECK LAWRENCE F. TOMcZ>i\, MAKK W WiTTr.E ANTHONY A HERMAN JOHNR GAFFRON MICHAEL P. MABLSTH JEANNE A. MEYLR WILLIAM C OMAN LYLE E VANG BRUCE L BRINt HAUS JOHN F GREGORY JAMESD iiANo-i^ STEVEN OBRIFN RANDY L PALK. .R GREGORY A RAThiJUN BARRY J SKRE2N DALES aqr ; amson fredw . r i.i/tr\3HALI J JENSLN RODNEYW MARCELLA DANG MClNit'KE WiLLIAME OAS JANIELO PElCKERf GARYJ POLLPY MIKE A ROSb JOHN A SMYIH KATHERINE R STEfr ENHAGEN. RONALD STOKr. JOhiN T MOOKSE RONALD J VEE. liNDAS KUEHN THOMAS M OLSON RONA.DJ PETTIT. SANDRA K ANDERSON BRUCEL BOBZ EN SUE A BORIS SCOTTW BUDIG STACIE M CORNICK JAMES L FISCHER CHRISTOPHER K. Pay PeiicKi 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 Check Amount $1,031 08 $864 60 $469 94 $479 62 $833 19 $783 18 $1,449 30 $637 60 $407 08 $2,064 10 $1,623 33 $1.844 28 $1,635 27 $431 41 $635 95 $1,697 80 $312 79 $55 41 $1,174 86 $55 41 $392 78 $1,469 55 $1.415 51 $870 48 $1.419 39 $348 85 $^58 90 $16? 55 $1.37343 $1.386 0? $1.034 06 $517 V.2 $473 12 $741 01 $1,104 X $1,065 C5 $149 69 t« $17053 $279 96 $239 50 $151 32 $385 13 $83 57 $122 19 $197 45 $1.377 35 $234 4C $2,235 92 $1,243 61 $1,337 77 $1,163 82 $1,092 77 $1,135 00 $110 00 $20 X $40 X $1.687 56 $1,508 61 Check Date Check Statue 8/20/03 Outstanding a'20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20A)3 OuUtanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/C3 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/2a03 Outstanding 8/20/03 Outstanding . 4LU.U4 outstanding 8/20/03 Outstanding 8/20/03 Outstanding &20/03 Outstanding 8/20/03 Outstanding 8^^20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstand g 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstand ng 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 6/20/03 Outstanding 6/20/03 OutstareSng 6/20/03 Outstsindaig &20/03 Outsunding L._ CITY OF ORONO Checic Number Employee Name Pay Period C01C35 001036 001037 001038 001039 001040 001041 001042 001U43 001044 001045 001046 001047 001048 001049 001050 001051 001052 GOOD STEPHANYR JOHNSON JEFFREY MCNICHOLS DAVID L SCHOENHOFF JOHNS TOMCHECK. LAWRENCE F. LEE -OSEPHP BOLTLRMAN MATTHEW A. FOTH MELANIE C GAFF RON MICHAEL P. GAPPA. GREGORY A OMAN LYLE E WAATAJA JANICE J, DEBAERE DONALDL HANSEN STEVEN OBERAIGNER SCOTT G OBRII N RANDY L PALMER. GREGORY A RATFidUN BARRY J 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 06^2(V03 9:30AM Page 2 check register Check Amount $1,941.39 $1,508 59 $87500 $1 659 $900 00 $297 09 $1,098 45 $1.123 81 $125 00 $1.81096 $1.400 00 $1,25837 $1.029 22 $77500 $915 23 $500 00 $350 00 $200 CO $65.74958 Check Date Check Statue 8/20/03 Outttanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding ...... information ITEMS COUNCIL MEETING :AUG 2 5 2003 OF CIIYUrUHONO •i J » « B 1 'S't • I I N 6 I • e FAMILIES T 0 6 E T E I iL fm % July 29,2003 Ron Mcorse and the Orono City Council 2750 Kei:ey Parkway Crystal Bay, MN 55323-0066 Dear Ron and the Orono City Council, c,ry V.-,„ \ On behalf of the clients. Board of Directors, and staff of TEENS ALONE, I want to thank the Qty of Orono for your $800 contribution for fiscal year 2003. Teens Alone has been serving Orono young people and their parents since 1999. As you know, our crisis and counseling services are free and confidential. Staff is typically able to respond to a request for service within 24 hours, often the same day. Another unique aspect of the Teens Alone program is that counseling staff will go to clients rather than requiring them to meet at a specific location. Many families tell us they felt much more comfortable talking about family issues sitting aroimd their own dining room table than in a more "clinical" or even a school environment. Although we most often counsel young people at home and at school, a Teens Alone counselor provides walk-in office hours at the Discovery Center. Working out of the Center has been another wonderful way to reach out to the community. We appreciate Orono’s continued support as we work together to meet the needs of youtti and families. Thank you for your support. Sincerely,smcereiy, Lydia Kihm Executive Director / Hi ■AIMIIIIll ■•Mill ■■ lilli ■•■II fit ••• «••• HI f|| til's r«| 911 HI $111 Mediaram Theresa Sunde Government Relations Coordinator August 1,2003 ' 0 r.iji) ■■ Dear Community Leaders, We are improving our programming choices for our Digital Programming Customers! Effective on or around September 12,2003, Mediacom will be expanding the service in your community by providing the additional exciting programming on our Digital Service Tiers. Mediacom has created the Digital Special Interest and the Digital Variety Pad Mediacom is notifying our customers of the new channel lineup by mail. A copy of the notice is attached. We realize that our customers have a choice of how to spend their entertainment dollar and we are working hard to deliver the best product possible with outstanding service. Mediacom is pleased to be your cable television provider. If you have any questions, please feel free to contact me at the number listed below. Sincerely, Theresa Sunde Mediacom Communications Corporation 1504 2*^ Street SE • Waseca. MN 56093 • 507-835-2356 • Fax 507-835-4*567 Ik i Dlgi^l CableIs about to get I ,v . 1 MocUacom a adding more new channels V * to OUT Diotel pac kaoes - bclnatna mora cool programs that youl love to ____ I r r>y -seller racKages! ■ 't More cltan neis wll give youpettor cho SIdw. ' and morefcjtibro. FrorilttiCbaelcs of More channela wll give youMtter Choi ^ mora^itibro. FroriltiiVba^ of OlgiW AAa to ttw mega package of ' Total [MgA Mediacom canheip you ^ A' expand world. TtiMi best d^ in tamily Intw^nment Is about to mI better. With m|re channels and moiV||hoicea. Med&m greater value every single Iw of the year. Inment Is channels kV-.' fleeter veiiie!rtw* StwItaMd for More informatioii on Iho Now & Improved Packages oa Meital Cable from Modlacoml Media^n^ I • 5^;*ry/:- » . ITJ O I Q i f A L •• ML » ffmfSJTWwW^ . V: r- ■ ' JTvf ■:c'- < ndbif^gjjj r>-:. l^Tv • 1^. :‘-5 v;v’' »••>'d f-... • ..•>. /'■ ■T3 -Mtm OMUiMadvrsiMONsaa aivd 9(M19(MSn nvnssmtswid oaiMOWMd SONUSMIVJBNmMSMaMum^i i--'" •I , t »• i'' • • * ■ -4 I. St 09KilfM3d vrsiNmsaQaivd iCMltOdSn rmnfXHWH r' • -I*; iuo3e|pa||tf yr .' - ' V ■ <> NCV» 7/22/03 ll40 PM Pa«« 1 IMed bdow an tlie MtttM SpecM Mcrast aiM VmMt Pk chMMls mlaMa In your am. Of Ineupstandstmtlon 10 Mef sene our aai<mrs.somt Channels »it lie mmg to 3 new locaOon. Changes are on or 3roundS/iy200X DMtiUiiolil raoioc*oiwo(ioro*ictalWoWi«><MtMoicto<w. OMtonwMrUo ranwtwHi Ml DtowwKidi 2(0 tHo The V^nety Pec is ewieblt to (X0til cusiomm foe oei oddhionol S5 95 per month QnciuM mth Jotol gjW.__________ 203 DiicownrHtiWl ^ 250 Bweiotiy Channel » 204 DbcowrvHomtALnaiw ^ 251 Histoiy imemnkwjt » 205 DtowiyTimn ♦ 252 Inteinational Channel ♦ 206 GiooomUtm * 253BETonlaa 207 HMUhNcIwfc ^ 2S4 fuM ♦ 208 Nitkwal G<oino<>ic ^ 255 Tno 209 G4 210 TichTV 211 T1i€ Goil Owwil 212 RttSooftsWodd Vii-M xCMiwol 214 MHO 215(iaodWi1V ^ 256 6loomfao«WffB * 257 Outdoor Uto 4* 258 Gomt Show WtOtort * 216 WMdom 217 Ow 216B8CMigica ml Film Chtnnd 220 [MemUomHotooik _ ^ fntkstosinewmoicHoemolomibbletntkmilPoc^ *i<c«tm>iori»«a»io)amwiop>wiOigtMSoicii<loOwwii>OlatiMO(i>fr^ OOSftMto r 8-44-<9% '1 J -I t 7