Loading...
HomeMy WebLinkAbout09-22-2003 Council PacketAGENDA FOR COUNCIL MEETING SET fOR MONDAY, SEPTEMBER 22,2003,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet - located on the counter near the- sign in sheet. ROLL CALL CONSENT AGENDA 1. Approve/Amend S6P 2 2 2003 CITY Of OfiONO APPROVAL OF MINUTES * 2. Regular Council Meeting of September 8,2003 * 3. Special Council Meeting of September 11,2003 PRESENTATION 4. Judy Shields - Donation from Dog Days of Navarre Committee PARK COMMISSION COMMENTS - Paul Pesek, Representative PLANNING COMMISSION COMMENTS - Cynthia Bremer, Representative HRE SERVICE REPORT PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT * 5. #03-2905 Heidi B. Nagel, 995 Wildhurst Trail - Variance - Resolution 6. #03-2936 Bruce Meese and Maureen Murphy, 3135 Casco Circle - Variance 7. #03-2937 Rob Morlock, 980 North Shore Drive West - Preliminary Subdivision - Resolution 8. #03-2938 Sandra S. Larson, 540 Orono Orchard Road South - Variances - Resolution * 9. #03-2939 Pete and Maxine Thorkelson, 440 Big Island - Conditional Use Permit - Resolution * 10. #03-2940 Scot and Lissa Harvey, 1199 Elmwood Avenue - Variances - Resolution * II. #03-2941 Paul Cady, 465 Tumham Road - Conditional Use Permit - Resolution * 12. #03-2942 George and Marilyn Mileusnic, 3243 Casco Circle-Conditional Use Permit- Resolution 13. #03-2943 Robert and Janet Labalt, 3202 North Shore Drive - Variance * 14. #03-2944 Jonathan Menth, 2930 Casco Point Road - Variances - Resolution * 15. #03-2946 Cliflbrd L. Otten, 2350 West Wayzata Boulevard - Conditional Use Permit- Agreement * 16. #03-2949 Doug Olson and Barb Bow ers, 2601 West Lafayette Road - Variance - Resolution MA\’OR/COUNCIL REPORT AGENDA FOR COUNCIL MEETING SET FOR MONDAY, SEPTEMBER 22,2003,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA PUBLIC SERVICE DIRECTOR'S REPORT 17. Watertown Road House Moving 18. Regrading and Landscaping at City Hall kevMcd 19. Interim Appointment of Public Works Supervisor 20. Recognition - Jack Brinkhaus, Public Works Superintendent - Resolution 21. Long Lake/Orono Water System Intercormections Newittm 2la. Accept Quotation - Old Long Lake Road Sanitary Sewer Extension New Item 21b. Accept Quotation - Phillips Sanitary Sewer Extension CITY ADMINISTRATOR'S REPORT 22. Application and Certificate for Payment #3 - Navarre Fire Station 23. Purchase of Equipment for Navarre Firefightr 24. Access Drive on Big Island 25. Health Care Savings Account Program - Resolutiu > CITY ATTORNEY ’S REPORT * 26. LICENSES Gambling - Resolution Special Event * 27. BILLS UPCOMING ISSUES AND EVENTS 2m 09/22 - Council Meeting, 7:00 p.m. 10/01 - Planning Commission Work Session, 5:30 p.m. 10/06 - Park Commission Meeting, 7:15 p.m. 10/13 - Council Meeting, /:00 p.m. 10/20 - Planning Commission Meeting, 6:00 p.m. 10/27 - Council Meeting, 7:00 p.m. 11/03 11/10 I I/ll 11/17 11/24 11/27 11/28 Park Commission, 7:15 p.m. Council Meeting, 7:00 p.m. HOLIDAY, Observance of Veterans Day Planning Commission, 6:00 p.m. Council Meeting, 7:00 p.m. HOLIDAY, Observance of Thanksgiving Day HOLIDAY, Observance of Thanksgiving Day Public Attendance Meeting D ate ^'Z2~0 5 JB^C ouncil ■ □ Planning C ommission □ Park C ommission □ Other NAME (please print) 5.. 6.. 7.. 8.. 9. 10.. 11.. 12.. 13.. 14.. 15. H :\Aimkkmkunti%9 % npparrcfanii^^HMh Please filloutthe information requested BELOW FOR OUR CITY RECORDS. ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER ORONO CITY COUNCIL MEETING cq, .. MONDAY, SEPTEMBER 8,2003 ________________________________SFP 9 0 ROLL city Or The Council rnet 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 Gafiron, City Attorney Tom Barrett, City Engineer lorn Kellogg. Public Services Direcloi Gieg Guppa, and Recorder Alissa Winlemheimer. Mayor Peterson called the meeting to order at 7:00 p.m. CONSENT AGENDA 1. Approve/Amend Items 5,6, 7,8,9,10,12,13,14,15,16,17, 18,19,20,21,22,24, and 25 were added to the Consent Agenda. Sansevere moved, and Murphy seconded, to approve the consent agenda as amended. Vote: Ayes 4, Nays 0. APPROVAI. OF MINUTES *2. Minutes of the Regular Council Meeting of August 25,2003 Sansevere moved, and Murphy seconded, to approve the Minutes of the Regular Council Meeting of July 28,2003. Vote; Ayes 4, Nays 0. PARK COMMISSION COMMENTS—DEBORA HALVORSON, REPRESENTATIVE Halvorson stated that the Parks Tour was held on September 2"^ with all Parks Commission members and one Planning Commission member in attendance. They visited Seven Nations Park, and would like to award Barb Wohl the Friend of the Parks Award for her role in Seven Nations' development and beautification. They visited Hackberry Park and felt it was the Orono model park. She stated they appreciated ail the help they received in developing the park. They also visited the Navarre Fire Station and Casco Point Skate Rink. They discussed e.xpanding the skate rink into the parking lot area. I of II .......... ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 8,2003 (PARK COMMISSION COMMENTS, Continued) White stated the rink should not be expanded there because the parking lot gets use as overflow parking whenever events are held on the point. He stated use of the rink as a touch-football field in the fall is informal and that expansion is not necessary for that purpose. Halvnrsnn stated she would take his comments back to the Commission. Halvorson stated they also visited the North Arm trail. There was concern over a neighbor clearing City property along the trail off North Arm Road. The trail runs through his land and he offered to put a rest area on his property with a picnic table for people using the trail. Gappa stated that the trail does run on City property, but the land offered for the rest area did belong to the resident. The last stop on the Planning Commission tour was Bederwood field, and they noted how dry it was. PLANNING COMMISSION COMMENTS —STEPHANIE ZUGSCHWERT, REPRESENTATIVE None. LMCD REPORT —LILI MCMILLAN, REPRESENTATIVE McMillan stated that buoys would be added around Big Island, creating a horizontal channel about 200' off the shoreline. People would still have room to access the island and anchor in shallow water, but the channel would be kept clear for the water patrol. They planned to try the channel system for one year, and then revise it if necessary. Hennepin County would determine the exact placement of the buoys. They also decided to add a fourth perpendicular chaimel and to extend those channels all the way to the shore. Sansevere suggested having the sheriff s department in the lane reminding them to keep the emergency lanes clear once the new lanes are added. Murphy asked how many boats on the lake were kept there in slips, and how many were brought in on trailers. McMillan stated she wasn't sure, but had heard that 60% of Minnetonka boats belong to shoreline residents. McMillan stated the LMCD was asking all the lake cities to pass a resolution asking Hennepin County to support the water patrol on Lake Minnetonka. Mayor Peterson stated that Orono definitely supported the water patrol effort. Murphy stated ^e cities had to let the sheriff s office know they prioritized the water patrol. McMillan stated the lake gets used by a lot of Heimepin County residents, besides the lake city residents. 2ofll 1 i ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 8, T003 (LMCD REPORT, Continued) Moorse stated that the resolution supporting the water patrol program on Lake Minnetonka had already been passed on the Consent Agenda. McMillan stated the LMCD would continue to work with Hennepin County and would let the Council know how it goes. PUBLIC COMMENTS None. ZONING ADMINISTRATOR’S REPORT 3. #03-2919 Kevin & Deborah Thompson, 90 Myrtlewood Road—^Variances— Resolution No. 5035 Gaffron stated that the applicant was requesting: 1. A setback variance to construct a 996 s.f. detached garage/pool house/storage building 23. r from the side street lot line where a 50’ 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 size of 2009 s.f where no accessory building larger than 1000 s.f is allowed on a lot of 0*1.99 acres in area; 3. Setback variance to construct a 20 ’ x 45 ’ (900 s.f) swimming pool 10’ from the side street lot line where a 50’ setback is required; 4. CUP for plumbing in an accessory building. Gaffron stated that the Planning Commission recommended approval of the setback variance (#I), denial of the OAS, greenhouse (#2) because it would create an accessory structure over 2000 s.f in size on a lot under 2-acres, approval of a variance to locate the pool 15’ (not the proposed 10’) from the side street lot line because it is over 750 s.f but less than 1000 (#3), and approval of a CUP to allow plumbing in the accessory building (#4) subject to City code. They recommended requiring the applicant to establish and maintain year-round vegetative screening along the south boundary to reduce the visual impact of the proposed pool and building. Staff wondered whether the 2-acre standard was appropriate. Over the last five - six years, they’ve received one application per year for plumbing in an accessory building, about half for lots under 2-acres, and half over. The building inspections department thought they should possibly discuss the importance of having a 2-acre requirement in the code. Staff recommended approval of the application with the exception of the 3ofll j ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 8,2003 (3. #03*2919 Kevin & Deborah Thompson, 90 Myrtlewood Road, Continued) greenhouse attachment. Perhaps the greenhouse could go elsewhere on the property, but the existing garage and new pool house must remain 10 ’ apart from each other. Deborah Thompson was present to answer questions. Mayor Peterson surveyed Council on the setback variance: Council approved of it. Murphy stated that future applicants could point out the present application as a precedent for less than a 50 ’ setback, but stated he did not have a problem with the setback. On the accessory structure: Mayor Peterson stated that the applicant was asking for 2009 s.f. where 1000 s.f. was allowed. Gaffron stated that the Plarming Commission was concerned with the visual impact of the building, and that it would look massive with a 70’ long facade that sits at the entrance to Orono. He stated they w anted screening along the pool and building. Murphy asked how the applicant would feel about moving the greenhouse. Mrs. Thompson stated they would be fine without the greenhouse structure. Their intent was to connect the buildings for aesthetic reasons. She added that they calculated the total building at 2000 s.f, and she did not know where the extra 9’ came from. Mayor Peterson stated that the connected building would not pass Council and the structures would have to be built as two separate buildings. On the variance for the pool to be located 15 ’ from the side road setback: Council approved of a 15 ’ setback. On the vegetation screening: Gaffion stated that Planning Commission wanted the view along the south boundary to be softened with year round vegetation, like a half-dozen pine trees. He stated staff could work with the applicants. Mrs. Thompson stated that they had already put screening along the south boundary and would be willing to add more. Mayor Peterson asked if the applicant would fence in the pool. Gaffron stated a fence would be an option, but the City did not ha\ e a code requiring it. They typically direct people to their insurance carrier. Sansevere suggested they some day visit the issue of fencing pools. On the plumbing of an accessory structure: Gaffron stated that the plumbing would be connected to an e.xisting septic system. Designs are based on the number of bedrooms'people on a property, not the number of fixtures in the buildings. Council approved of the plumbing. Saosevere moved, and White seconded, to adopt Resolution No. S035 granting a variance to Orono Municipal Zoning Code Section 10.28 Subdivision 5(B) to allow 4 of 11 it I M ORONO CITY COUNCIL MEETING MONDAY, SEPTE^ffiER 8,2003 (3. #03*2919 Kevin & Deborah Thompson, 90 Myrtlewood Road, Continued) constniction of a 996 s.f. detached garage/pool honse/storage building, 23.1* from the side street iot iine where a 50* setback is required; Section 10.28 Subdivision 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* setback is required; a CUP per Section 10.20 Subdivision 3(Q) for plumbing in an accessoiy building as proposed; but denies a variance to Section 10.03 Subdivision 9(CK2) to allow the new building to be attached to the existing 848 s.f. detached garage. Vote: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Mayor Peterson stated that she and Mr. White attended a groundbreaking ceremony the previous Friday. She thanked the Stonebay Organization for inviting them and beginning a very nice addition to the City ofOrono. They e.xpressed appreciation for the City ’s help in the development process, and Mayor Peterson thanked them for their cooperation with the City. 4. Appointment of New Council .Member—Resolution No. 5036 Mayor Peterson stated that Jay Nygard resigned his seat in early June. The City had eight qualified applicants step forward to offer their service to the City. She stated she hoped the individuals would be open to serving the City in other capacities. The Council's selection criteria included decision making ability and independent thinking, commitment to the best interests of the City, commitment to the overall philosophy of the Comprehensive Plan, a team play er, previous involvement in community organizations or City committees that provided positive effort on behalf of the City and its residents. Mayor Peterson moved, and White seconded, to adopt Resolution No. 5036 appointing Lili McMillan to fill the vacancy on the City Council through December 31,2004. Vote: Ayes 4, Nays 0. Wliite stated that each applicant oiTered a skill that impressed the Council and they struggled over the decision. Council had to choose based on the issues facing them at the moment, but it was difficult to pass over some applicants. He reminded applicants that they could run for Council during the ne.xt election. He also stated they could pursue appointments to other City offices to build e.xperience. Sansevere stated that he would ha\ e been comfortable with the appointment of any of the 5om I iiMfii'mtf ritfiiiiif ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 8,2003 (4. Appointment of New Council Member, Continued) applicants who came forward and hopes the others will get involved with the City in other ways. Mayor Peterson stated that this was the highest quality applicant pool she had seen step forward to All a vacancy. She thanked them for applying. Murphy stated that he was sure with McMillan’s background on the Parks Commission, Planning Commission, and LMCD, she would be a great addition to Council. McMillan thanked Council for their support and stated she is looking forward to working with the Council and serving Orono ’s citizens. It was determined McMillan would be sworn in at the October 13'*' Council meeting. John Hollander thanked Council for their consideration and congratulated McMillan. Moorse stated a letter would be sent to the other applicants. Sansevere suggested they start discussing names for the coming LMCD opening. Murphy stated he and Moorse attended a meeting with Mn/DOT. They reestablished the monthly meetings with Tom O’Keefe, the Mn/DOT Area Manager. They will be having monthly meetings to keep on top of progress, and anyone is welcome to attend. PUBLIC SERVICE DIRECTOR’S REPORT *5. Adopt Assessment Roll for Heritage Drive Sanitary Sewer Extension- Resolution No. 5037 Sansevere moved, and Murphy seconded, to adopt Resolution No. 5037 adopting tbe assessment roll for the Heritage Drive Sanitary Sewer Extension Project. Vote; Ayes 4, Nays 0. *6. Adopt Revised Assessment for North Arm Lane Paving Project—Resolution No. 5038 Sansevere moved, and Murphy seconded, to adopt Resolution No. 5038 adopting tbe North Arm Paving Improvements Assessment RolL Vote: Ayes 4, Nays 0. 6ofll ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 8,2003 *7. Order Feasibility Study for West Farm Sewer —Resolution No. 5039 Sansevere moved, and Murphy seconded, to^idupt Resolution No. 5039 ordering preparation of a Teasibility report for W’est Farm Sanitaiy' Sewer. Vote: Ayes 4, Nays 0. *8. Approve Mn/DOT Payment for Old Crystal Bay Road Pavement Project Sansevere moved, and Murphy seconded, to approve payment to Nln/DOT In the amount of $759,147.71 for the Old Crystal Bay Road TH12 to Foi Street Pavement Project to be funded with Municipal State Aid Funds with a budget adjustment to the year 2003 Municipal State Aid Fund Budget to reflect this expenditure. Vote: Ayes 4, Nays 0. *9. Accept Quotation for Stubbs Bay Road Erosion Project Sansevere moved, and Murphy seconded, to accept quotation in the amount of $10389.00 from Minnesota Native LandKapes, Inc., Foley, .Minnesota for completion of the Stubbs Bay Road erosion control project to be funded from the Stormwater Utility Fund with a budget adjustment to reflect the expenditure. V->te: Ayes, 4, Nays 0. *10. Approve Mn/DOT Payment —^TH12 Signals at Brown Road and Old Crystal Bay Road Sansevere moved, and Murphy seconded, to approve payment to Nln/DOT In the amount of $43300.00 for the City ’s share of costs for traffic signal improvements at the TH12/Brown Road and Old Crystal Bay Road intersections to be funded from the Municipal State Aid Funds with a budget adjustment to the year 2003 Municipal State Aid Fund Budget to reflect the expenditure. Vote: Ayes, 4, Nays 0. 11. Stonebay Development —Kelley Parkway Streetlights Gappa presented a picture of the style of light fixtures recommended by staff. The lights would have a metal dome and shine down. He stated a white band at the top of the dome could be translucent. Mayor Peterson and White stated they did not want the translucent band at the top. Sansevere stated he approved of the Columbu&Domus style lights as they were presented. Moorse stated that the character of the Stonebay development had been modified so that it would look more appropriate for a take community with a natural stone front. He stated 7 of II am L iLikke ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 8,2003 (11. StoDebay Development—Kelley Parkway Streetlights, Continued) the development may choose to put an S on their lamps inside the development, but the City street lamps would be plain. Mayor Peterson moved, and Murphy seconded, to approve the Columbus pole and Domus lamp for the Kelley Parkway streetlights and the interior streetlights in the Stonebay Development Vote: Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT *12. Request for Payment No. 7—Navarre Fire Station Sansevcre moved, and Murphy seconded, to approve the requests for payment to Constructive Ideas in the amount of $3,240.00, and to BKV Group is ihe amounts of $2,432.04, and to STS Consultants in the amounts of $990.35 and $1,^22.45, to be funded from the Navarre Fire Station Construction Fund. Vote: Ayes 4, Nays 0. *13. Application and Certificate for Payment No. 2—Navarre Fire Station Sansevere moved, and White seconded, to approve the Application and Certificate for Payment No. 2, in the amount of $198,399.00, to be paid from the Navarre Fire Station Construction Fund. Vote: Ayes 4, Nays 0. *14. Request for Payment—Long Lake Fire Station Sansevere moved, and Murphy seconded, to approve the requests for payment to Mid-Minnesota Wire in the amount of $263.75, and General Office Products in the amount of $209.48, to be funded from the Joint Fire Account. Vote: Ayes 4, Nays 0. * 15. Disposal of Surplus Police Vehicles Sansevere moved, and Murphy seconded, to authorize th' police department to sell through Soderholm Auction Company one 1998 and two 2000 Ford Crown Victoria squad can and approve the Soderholm fee structure for their serv ice. Vole: Ayes 4, Nays 0. 8 of II MthrtliniiiAnk ^ii', li ifiiiiatith ■i j ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 8,2003 *16. Disposal of Surplus Property—Police Department—Resolution No. 5040 Sansevere moved, and Murphy seconded, to adopt Resolution No. 5040 declaring certain property to be abandoned and authorizing the police department to dispose of said property. Vote: Ayes 4, Nays 0. *17. Adopt Preliminary 2004 Tax Levy and Budget—Resolutions No. 5041 and 5042 Sansevere moved, and Murphy seconded, to adopt Resolution No. 5041 adopting the proposed 2003 Tax Levy collectible in 2004. Vote: Ayes, 4, Nays 0. Sansevere moved, and Murphy seconded, to adopt Resolution No. 5042 adopting the proposed 2004 General Fund Budget Vote: Ayes, 4, Nays 0. *18. Selection of Dates for Truth in Taxation Hearings Sansevere moved, and Murphy seconded, to set the Truth in Taxation Initial Hearing for 5:30 p.m., Monday, December 1, and the Continuation or Subsequent hearing for 7:00 p.m., Monday, December 8, with both hearings to be held in the Council Chambers. Vote: Ayes, 4, Nays 0. *19. Approve Condemnation Attorney—Corione Thomson of Kennedy and Graven Sansevere moved, and Murphy seconded, to approve the Retainer Agreement for Legal Services with the firm of Kennedy & Graven, with Coriane Thomson being the principal attorney, and to authorize the City Administrator to sign the agreement. Vote: Ayes, 4, Nays 0. *20. Adopt New Code for the City of Orono—Ordinance No. 1, Third Series Sansevere moved, and Murphy seconded, to adopt Ordinance No. 1, Third Series adopting and enacting a new code for the City of Orono, Minnesota; providing for the repeal of certain ordinances not included therein; providing a penalty for the violation thereof; providing for the manner of amending such code; and providing when such code and this ordinance shall become effective. Vote: Ayes, 4, Nays 0. 9oftl I i i i ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 8,2003 *21. Appraiser for Saga Hill Park Parcels Saasevi*>re moved, aad Morphy secooded, to accept the proposal from BRIO^' for the appralsef of two parcels for the Saga Hill Park laod exchaoge, at a cost of $4^00.00 to be fhod<»4r from the Park Fond, aad to approve a bodget adjustment to reflect the expendltoifr. Vote: Ayes, 4, Nays 0. *22. Letters of Support for WAFT A Fuudiog Sausevere moved, and Murphy secooded, to authorize the Mayor to sign letters regarding the efforts of our congressional delegation regarding funding for the WAFTA site clean up. Vote: Ayes, 4, Nays 0. 23. Citizen Complaint Regarding Drainage and City*s Righl-of-Way Lane on Ivy Place Moorse stated that the resident was not present and the item was for Council’s information only. No action. *24. Continuing Full Funding for Additional Water Patrol Deputies —Resolution No. 5043 Sausevere moved, and Murphy seconded, to adopt Resolution No. 5043 requesting continuing full funding for additional water patrol deputies. Vote: Ayes, 4, Nays 0. *25. Accept the Resignatiou of Jack Brinkhaus from hte position as Public Works Superintendent Sausevere moved, and Murphy seconded, to accept the resignation for retirement of Jack Brinkhaus from his position as Public Works Superintendent effective September 30,2003. Vote: Ayes, 4, Nays 0. CITY ATTORNEY’S REPORT None. lOofll I anauiiMii 1 ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 8,2003 *26, LICENSES Special Events 1. Applicant: Event: Location: Date: Time: Tony Lund, Stonewood Design Build Fall 2003 Panule of Homes 4535 North Shore Drive September 6 - October 5,2003 Noon-6:00 p.m., Thursdays through Sundays Sansevere OMved, and Murphy seconded, to approve all licenses. Vote: Ayes 4, Nays 0. Mayor Peterson stated that she was not in favor of approving special event permits after the fact, although she left it on the Consent Agenda. Gaffton stated that there was a notice of permit requirement on the builder’s application, but it had been ignored. Moorse stated that there was no reason to not approve the permit as the event had gone very well over the previous weekend. Sansevere stated he had attended and they handled the crowds well, and even had a woman directing traffic. *27. BILLS Sansevere moved, and Murphy seconded, to approve payment of the All Funds Account. Vote: Ayes 4, Nays 0. ADJOURNMENT The meeting was adjourned at 8:15 p.m. ATTEST: Linda S. Vce, City Clerk Barbara Peterson, Mayor llofll L.^ I i! . r li 11 i MINUTES OF THE SPECIAL MEETING -------------- OF THE ORONO CITY COUNCIL <,cn o o onnz Thunday, September 11,2603 ^ ^ 4:00 o*clock p.m. Cl l y ur o«uwo ROLL The Council met in a special meeting on the above mentioned date with the following members present: Mayor Barbara Peterson; Council Members Jim Murphy, Jim White, and Bob Sansevere; Representing staff was City Administrator Ron Moorse Mayor Peterson called the meeting to order at S: 11 P.M. 1.Resebioa of Prdlmiaary 2004 Tax Lcv7 and Budget Resolutions, and Adoption of Revised Tax Levy and Budget - Resolutions No. 5044 and 5044 Moorse reported that, due to a misunderstanding*, regarding how the loss of State Market Value Credit Aid was to be calculated into the City’s tax levy, the tax levy reflected in the resolutions adopted at the September 8. 2003 meeting did not correctly reflect the necessary tax levy amount. The levy amount needs to include the amount of Market Value Credit Aid, even though the State is not going to pay the Aid to the City. Moorse provided revised resolutions that both rescinded the initial resolutions and adopted the new budget and levy amounts. Morphy moved, Sansevere seconded, the approval of the Resolution No. 5044 adopting the proposed 2003 Tax Levy collectible la 2004. VOTE: Ayes 4, Nays 0. Murphy moved, Sansevere seconded, the approval of Resolution No. 5045 to adopt the propos^ 2004 General Fund Budget. VOTE: Ayes 4, Nays 0. ADJOLILVMENT Mnrphy moved, Sansevere seconded, to adjourn the Orono City Council Meeting of September II, 2003 at 5:27 P3I. VOTE; Ayes 4, Nays 0. ATTEST: Linda S. \ ee. City Clerk Barbara Peterson. Mayor PAGEl MuttUMOaeuianiihiiAiiiyifimMiiiaimmmiaaeaMiMiu C^^^***^«* • **“*^* REQUEST FOR COUNCIL ACTION SEP 2 2 20Uj CITY Or onvyi\i^ DATE: Sept 17,2003 ITEM NO: ^ Department Approval: Nanc Ron Moorse Title City Administrator Administrator Reviewed: Item Description: Presentation-Judy Shiei Agenda Section: City Administrator's Report nation from Dog Days of Navarre Committee Judy Shields, who is an active member of the Dog Days of Navarre Organizing Committee, has requested an opportunity to present a donation of the proceeds from the Dog Days of Navarre events to the City, to be used to provide plantings along County Road 15 in the Navarre commercial area. COUNCIL ACTION REQUESTED: Motion regarding the acceptance of a donation from the Dog Days of Navarre Committee. r Is AGENDA FOR COUNCIL MEETING SET FOR MONDAY, SEFTEMBER 22,2003,7:00 F.SL ORONO COUNCIL OIAMBERS, 2710 KELLEY PARKWAY, ORONO, MINNESOTA I (•) Ailcrisk ilctni are considered to be routine items to be enacted jpon by one inmioo by the Ci:> 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. Approved Amend APPROVAL OF MINUTES • 2, Regul V Council Meeting of September 8,2003 • 3. Special Council Meeting of September 11,2003 • A SEP ? 2 200i C\Tt tjr UHOivO PRESENTATION 4. Judy Shields - Donation from Dog Days of Navarre Committee PARK COMMISSION COMMENTS - Paul Pesck, Representative PLANNING COMMISSION COMMENTS - Cynthia Bremer. Rcprescnlitivc HRE SERVICE REPORT PUBLIC COMMENTS - (LImH 5 Mlnules Per Person) ZONING ADMINISTRATOR’S REPORT * 5. #03-2905 Heidi B. Nagel, 995 WiJdhurst Trail - Variance - Resolution t. #03-2936 Bruce Meese and Maureen Murphy. 3135 Casco Circle-Variance 7. #03-2937 Rob Morlock. 980 North Shore Drive - Preliminary Subdivision - Resolutios 8. #03-2938 Sandra S. Larson. 540 Orono Orchard Road South - Variances - Resolution * 9. #03-2939 Pete and Maxine Tlioikclson, 440 Big Island - Cuiulitionul Use Pcniiit - Rewlutiun * 10. #03-2940 Scot and Litu Harvey, 1199 Elmwood Avenue-Variances-Resolution * 11. #03-2941 Paul Cady. 465 Tumham Road - Conditional Use Permit - Resolution * 12. #03-2942 George and Marilyn Mileusnic. 3243 Casco Circle - Conditional Use Permi: - Resolution 13. #03-2943 Robert and Janet Labalt. 3202 North Shore Drive - Variance - Resolution * 14. #03-2944 ioiuthan Menth. 2930 Casco Point Road - Variance* - Resolution * 15. #03-2946 ClifTord L Otlcn, 2350 West Wjy/ata Boulevard - CuiiJitiuiul Use I'crmit - Agreement ^ 16. #03-2949 Doug Olson and Barb Bowers, 2601 West Lafayette Road-Variance-Resoli^on hUYOR/COUNCIL REPORT PUBUC SERVICE DIRECTOR’S REPORT 17. Watertown Road House Moving 18. Regrading and LandKaping at City Hall 19. Interim Appointment of Public Works Supervisor 20. Recognition - Jack Brinkhaus. Public Works Superintendent - ResoluUon 21. Long Lake^Orono Water System Interconnections vJ CITY ADMINISTRATOR’S REPORT 22. Application and Certificate for Payment #3 - Navane Fire Station 23. Purchase of Equipment for Navarre Firefighters 24. Acceu Driv*e on Big Island 25. Health Care Savings Account Program - Resolution I CITY ATTORNEY’S REPORT • 26. LICENSES • 27. BILLS tPCOMING ISSUES AND E\XNTS m 09/22 - Council MMUnf, 7:00 p.m. IIVOl - PtMUiing Commiuion Wotfc SoMon, 5:30 p.m. KPD6 - Pvk Commiftioa Meeting. 7:15 pjn. 1IVI3 -Council Meeting. 7:00 p.m. 1(V20 - Pl«ming Coauniiiioo Meeting, 6:00 p m. 10/27 - Council Meeting. 7:00 p.m. 11 ipt pwlr f'nmmit.inn 7 11 n r. F Date Application Received: 5-21*03 60-Day Review Period Eipiree: 7-22-03 Review Period Eilended to: 11-19-03 SEP 2 ? 200j REQUEST FOR COUNCIL ACTION CONSENT AGENDA ITEM CH Y Or onVi/HO Dale: September 17,2003 Item No.: S Department Approval:Administrator Approval: Name: Michael P. Gaffiron Title: Planning Director Agenda Section: Zoning Item Description: #03-2905 Heidi & Scott Nagel, 995 Wildhurst Trail - Variances - Resolution Zoning District: Lot Area: LR-IB Single Family Lakeshore Residential, 1-acre min. 0.53 acre (23,210 s.f.) List of Exhibits A - Resolution B - Notice of Planning Commission Action 9-17-03 C - Memo and Exhibits of 9-11-03 and 8-13-03 Application Summary: Applicants propose to enclose a portion of the existing second story deck as living space, and construct an enclosed entryway at the front door. The variances include: 1. Average setback encroachment by new living space. 2. While hardcover is not increasing with this proposal, it is noted that the 75-250' zone remains out of compliance with the 1995 hardcover approvals for this property. Per Planning Commission recommendation, applicant proposes to remove certain areas of existii.g hardcover to meet the 1995 approved level. Planning Commission Recommendation The Planning Commission reviewed this item on September 15 and on a vote of 6-1 recommended approval per the staff recommendation as noted below. Commissioner Fritzler, the dissenting vote, noting that applicant appears to have no desire to remove the hardcover and it might reappear later. Staff Recommendation 1. 7 3. Staff recommends approval of the average setback variance to allow enclosure of a portion of the existing deck as living space as proposed. Staff recommends approval of the extension of roof to cover the portion of the front porch per the revised plan. Staff recommends that in addition to the approximately 244 s.f. of hardcover removals proposed, that an additional 84 s.fof hardcover be removed from the driveway to reduce the site to the 4,910 s.f limit of the 1995 approval. Applicants have now agreed to remove the necessary portions of driveway to meet ^is limit. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-281 (B) AND 78-1279.6 - FILE NO. 03-2905 WHEREAS, Scott J. Nagel and Heidi B. Nagel, husband and wife, (hereinafter "the applicants") are the owners of the property located at 995 Wildhurst Trail within the City of Orono (hereinafter the "City") and legally described as follows: The East 111.00 feet of the Southeast Quarter of the Northeast Quarter of the Northwest Quarter of Section 7, Township 117, Range 23; Hennepin County, Minnesota: subject to a permanent easement for street, utility and drainage purposes over and across the south 8.00 feet of the above described property; (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Sections 78-281(b) and 78-1279.6 to allow construction of a residence addition encroaching 6* into the average lakeshore setback where no encroachment is normally allowed. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono. Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File #03-2905. 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*. 3.The Planning Commission initially reviewed this application at a public hearing held on June 16,2003 and tabled the application for revisions, specifically to eliminate the then proposed garage addition which would have resulted in structural lot coverage exceeding 15% and to show how hardcover could be reduced to the levels approved via Resolution No. 3578 in 1995. 4.The Planning Commission reviewed applicants ’ revised plan at a public hearing held on August 18,2003 at which time the applicant requested tabling for further minor plan revisions. Page 1 of 5 ' i U 5. The Planning Commission reviewed the Tinal revised plan at a public hearing held on September 15,2003 and on a vote of 6-1 recommended approval of the revised proposal based on the following findings or conditions: a) The proposed partial enclosure of the existing upper level deck to create living space will not create additional hardcover and will not have any impacts on views of the lake enjoyed by neighboring property owners, hence the average setback variance should be granted. b) The proposed partial enclosure of the front entryway, and other primarily cosmetic revisions to the house, will not create additional hardcover and require no variances. c) The property is out of compliance with the hardcover limits established for this property in 1995 via Resolution No. 3578, apparently because the prior owner did not remove portions of driveway that were to be removed. The current property owner as a result of the currently requested improvements should be required to return the property to the 1995 approved hardcover level of 4,910 s.f. in the 75-250' zone. d) The applicants have depicted on a site plan the areas of hardcover they would remove in order to comply with the 1995 limitation. 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. 7. 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 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 2 of 5 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 78-281 (b) and 78-1279.6 to allow construction of a residence addition encroaching 6' into the average lakeshore setback where no encroachment is normally allowed, subject to the following conditions: 1 . Council tqiproval is based on the site plan submitted by the applicant and annotated by Cit>’ 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. Hardcover removals as noted on Exhibit A shall be completed prior to the footing inspection for the deck room enclosure. Hardcover in the 75-250' zone shall not henceforth exceed 4,910 s.f. as indicated on Exhibit A. Applicants are advised that any future proposals for additional hardcover on the property will likely not be approved, but might be approved only in conjunction with concurrent hardcover removals to result in no net hardcover increase on the property. 3. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the ne%v construction within one year of the date of Council approval, or the variance w ill expire on that date (September 22,2004). 4. 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. 5. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the sqjplicant and the applicant ’s heirs, successors and assi^, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 Adopted by the Orono City Council on this 22nd day of September, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this__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 5 L # 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/afHrmation of. a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/hcr/their free act and deed. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of .2003, personally appeared before me, ____who is personally known to me ____ whose identity I proved on the basis of whose identity I proved on the oath/affirmation of, a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Page 5 of S "> •/. *V. T / >^ V-. ^ \•*^# 4r- I / I >A}/ • O' \ I \ ier-7 t4%or ». • « K^yx--'-' gXSI^Mfi DECK SItefi WscCOecKqg • '*♦''VA ^ \- i- *\ • \ V \ * »• • #• \ \ S3f.fi* ^/iSTifj& 7^'2i:o* M^AAt^c^sted.5,2x3ft s^. i-MfOs-fi. leeiHov^LS 5*9i ^ ipL CofiCecre fM^o ® 20 <f APAdM ftg/+/Nfc» cSA^AiC-^ ^e*tTkJClsM fd^T (^nA>i Acf^^ ItvejM^T ^it>e«AJAi.v< Afi^a^y^> //^ r^t^cT7et>i (iJ£t<Aj>\je ^O^oAJS ^^uau Mc » 8M s:C. - 3«>+Et>‘*-f 1^« 3^& *iT?»*.^. (S)i^<i> wf oA ^ouir^ 0U.T ir^^T T^T^t. ZOZ S^. CITY OF ORONO 27S0 Kelley Parkway P.O. Box M Crystal Bay, MN 55323 (952) 249-4600 ZONING HLE #03-2905 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: September 17, 2003 TO;Heidi Nagel 995 Wildhurst Trail Mound. MN 5S364 COPIES: TYPE OF APPLICATION: Variance DATE OF MEETING: September IS, 2003 Planaiag Commiulon recomneaded as follows: Approval of average setback variance for deck enclosure and front entry enclosure per the most recently submitted plans, subject to hardcover removals as proposd as well as removal of additional driveway hardcover (approx. 75 s.f.) to result in 4,910 s.f. hardcover in the 75-250 ’ zone. VOTE: 6 FOR 1 AGAINST Applicant's next scheduled meeting is confirmed as: City Council - Monday, September 22, 2003; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call Planning Director Mike Gaffron at 952-249-4600. 8 I« 4 i (L Date Application Received: 5>21*03 Date Application Coniidercd as Complelc: S>23*03 6d>Day Review Period Eipires: 7<22-t3 Review Period Eitended on 6-24-03 to: 9-20413 To:Chair Smith and Planning Commissioners Ron Moorse, City Admuiistrator From: Date: Sobjcct: Mike Gaflron, Planning Director September 11,2003 #03-2905 Heidi Nagel, 995 Wildhurst Trail - Variances - Public Hearing This item was tilled at the applicant ’s request at your August meeting. Slightly revised plans have been submitted and are attached. However, the memo of August 13 still is applicable to the revisions, and is attached in its entirety. Exhibitt: A - Revised Elevation Views B - Existing Main Level Plan C - Propos^ Main Level Plan D - Memo and Exhibits of August 13,2003 (SEE MEMO OF AUGUST 13) 'i I ? 1 it IL RECEIVED CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING HLE #03-2905 AUG 2 9 2005 cnv OF ORONO NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: August 25. 2003 TO:Heidi Nagel 995 Wildhurst Trail Mound. MN 55364 COPIES: TYPE OF APPLICATION: Variance DATE OF MEETING: August 18, 2003 Planning Commission recommended as follows: Table at request of applicant to allow for further plan revisions. VOTE: 5 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as: Planning Commission - Monday, September 15, 2003; meeting starts at 6:00 p.m. Additional Review Period Extension Required. State law provides that Cities shall make decisions on zoning requests within 60 da\s from the date of application, and that this review period may be extended an additional 60 days by notification to the applicant. Your application was deemed complete on May 23, 2003. The initial 60-day review period was extended an additional 60 days on June 24, 2003 to September 20, 2003. However, because your application has been tabled by the Plaruiing Commission to the September 15 meeting, the earliest potential date of final Council action falls after the authorized review period ends. Therefore, in order to avoid Council action to deny the application, you must formally agree to a further extension of the review periud. Please sign the authorization below and return It to the City by September 3, 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. To the Orono Planning Commission: 1 hereby authorize the review period for zoning application #03-2905 to be extended an additional 60 days to November 19, 2003. Heidif Nagel Date Vi/ CC') l4«»t>^^ 1^ r^I • —ZL 1 •H < Rear Elevation View Scale 1/8" = 1 ’-CT 1 \ iJetl V (jdU wM 1^1 A A./ •‘>v 1 ^4 *2;i: H; r*#m ■ •IBI Ss'=a1i V? /-V a-wpiB? ii ..W-. c.;-# H ^ ^ j 4' i i- V^. 5 1 '^.□ Date Application Received: 5*21-03 Date Application Considered as Complete: 5-23-03 60-Day Review Period Eipires: 7-22-03 Review Period Eitended on 6-24-03 to: 9-20-03 To; From: Date: Subject: Chair Smith and Planning Commissioners Ron Moorse, City Administrator Mike Gafiron, Planning Director August 13,2003 #03-2905 Heidi Nagel, 995 Wildhursi Trail - Variances - Public Hearing Zoniug District: Lot Area: LR-IB Single Family Lakeshore Residential, I-acre min. 0.53 acre (23^10 s.f.) Application Summary: Applicant has down-scaled her requests for variances to exclude the garage addition and the lakeside deck bumpout, and to now'just enclose a slightly smaller portion of an existing second story deck as screen porch, and construct an enclosed entryway at the front door. The variances include: 1. Average setback encroachment by decks and screen porch. 2. White hardcover is not increasing with this proposal, it is noted that the 75-250' zone remains out of compliance with the 1995 hardcover approvals for this property. Applicant proposes to remove certain areas of existing hardcover to approach the 1995 approved level. Staff Recommendation: Staff recommends: 1. Staff recommends approval of the enclosure of the screen porch per the revised plan over a portion of existing 1 ° story deck. 2. Staff recommends approval of the extension of roof to cover the portion of the front porch per the revised plan. 3. Staff recommends that in addition to the 225 s.f. of hardcover removals proposed, that an additional 103 s.f of hardcover be removed to reduce the site to the 4,910 s.f. limit of the 1995 approval. List of Exhibits A - Revised plan view of proposed additions B - Staff interpretation of proposed removals C - PC Minutes of June 16,2003 D - Notice of PC Action 6-24-03 E - Memo and Exhibits of 6-13-03 Staff met with the applicant on July 31 to review the issues, including the potential for removals to reduce 75-250' hardcover to the 4,910 s.f. maximum imposed by the prior owner’s 1995 variance approval resolution. Applicant has now dropped the proposed garage addition, which would have exceeded the 15% structural coverage limit; and has reduced the sizes of both the proposed screen porch addition and the front entry addition; and has eliminated the deck bumpout at the northwest comer. I m3'2905 August 13,2003 Patc2 Proposed hardcover removals total approximately 225 s.f. per applicant ’s communication and include the following (this is staffs interpretation subject to applicant ’s confirmation - see Exhibit B): - Removal of the rear garage apron (3* x 10') - 30 s.f. - Removal of excess deck and concrete patio areas not under the new screen porch = 50 s.f. - Removal of concrete apron between front porch and driveway - 2.5' x 12* = 30 s.f. - Reconfiguration of front paver walk • reduction from 23Qt s.f. to 1 15+ s.f. = 115 s.f. This would reduce the hardcover from the existing 5.238 s.f down to 5,013 s.f., or 103 s.f. above the 1995 approved level. The approved level could be reached by taking 2' off of one side of the driveway. REVISED LOT ANALYSIS WORKSHEET S^SasSai LR-IB Required Existing Proposed Average Lakeshore (No Encroachment Allowed)6'7 structural Coverage : Total Lot Area Total Structural Coverage 23,210 s f (0.53 ac.)Allowed: 3,482 s.f (15%) Existing: 3,254 s.f (14.02%) Revised proposal: No change Hardcover Calculations: Hardcover Zone Total Area in Zone Allowed Hardcover Existing Hardcover 1995 Approval Revised Proposed Hardcover 0-75 ’9,375 s.f Os.f (0 %) 0s.f (0 %) Os.f (0%) 75-250'13,835 s.f 3,459 s.f (25 %) 5,238 s.f (37.9 5i) 4,910 s.f (35.5%) 5,013 s.f (36.2 %) J «03-290S Angiiit 13,2003 Pate3 Hirdthip Statement Applicants provided a brief hardship statement in Exhibit A of the June 13 memo, and should be asked for their additional testimony regarding the application. Hardship Analysto (See June 13 memo) Issues for Consideration 1. 2. With the revised proposal, does Planning Commission have any problem with the average setback encroachment? It was determined that neither neighbor will suffer view impacts. Do the proposed hardcover removals suffice, or should applicant be required to remove an additional^3 s.fofdriveway or other hardcover to meet die 1995 iqrproval level? Staff still recommends that the hardcover be reduced to the 1995 approved levels before issuance of permits for new construction on this property. 3. Does Plaiming Commission have any other issues or concerns with this plication? Staff Reconunendatioa 1.Staff recommends approval of the enclosure of the screen porch per the revised plan over a portion of existing 1" story deck. 2.Staff reconunends approval of the front entry addition over the portion of the front porch per the revised plan. 3.Staff recommends that in addition to the 225 s.f. of hardcover removals proposed, that an additional 103 s.f of hardcover be removed to reduce the site to the 4,910 s.f. limit of the 1995 approval. > j>T-- ?AA<^ ^ 4^ V v A a >0 Q>U/u ^ Uc iXjcLlvVl <rw . o\T^ \iK'<^crjO<" VvU.Mt(2yS ' ^AW^fJic,^ ]\^ u i I EXaTMMM at«* /O MtTflO *iiti« iMNa ------------------j 2i I* ! ! iMkIVAM—X % 'r1111•% Mr__’ ' *1 • i 1 1 1 1 1 1 1 —. t '^TTZY/y 'Nll>«M«W«i ’CrTZPy'TZ^i^,WrZKAi'^'. PropoMd Plan - Main Level * j .|t^s 13MaM»^asntii : kmj LA MrfBS:8B £20? 0C ‘l^f SC£6 C» C9& : *01 -MKhA WSt&)l ii 1! A ii IIIt3*Ilui 1 u0 fl Ifll$i 1? data 7/90A3 : UOdd ‘ X <i6K ’:' v9 <To /(y»>//i" if.. ^fe^>t/sWf>- W-T I \ »*««. • • iW M'4*-r existing oec< 23ltefl WooCDed^ iW AD05TON EWSTfNG ■r-4fy R-^^T<4AiiG;'L r (^ S-TM^ //V 7n£^p(L^-’ r^.TI oNi^ A>-ti Pf^T7G /JOT (/t^l>exZ /^-'i^*^AJ /=b5^CH - <r^ rX ^ P^ur ptoiJT t-tTwe^ piANJV l/JAl^k* • v>! <;okV- ^ ai*^ 1 1I tn ■- -* MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, June 16,2003 6:00 o’clock p.m. (2 (#4 #03-2905 HEIDI B. NAGEL, Continued) Hawn moved. Chair Smith seconded, to table Application #03-2905, Heidi Nagel, 995 Wlldhurst Trail, for the purpose of review. VOTE: Ayes 6, Nays 0. (#5) #03-2906 RICHARD ROBERTS, 1937 EAGERNESS POINT ROAD, AFTER-THE- FACT VARIANCES, 7:22-7:49 PM. Richard Roberts, the applicant, was present. GafTron explained that the applicant was requesting after-the-fact approval for construction of a retaining wall and stairway system in the 0-75' setback zone, constituting hardcover and structure where none is normally allowed. Staff recommends partial approval only, to allow for a 4’ wide stairway but deny the retaining walls on the lake side of the road; and denial or request further design detail for a retaining wall within the property on the north (house) side of the road. The current owner was granted a variance in 1991 to construct a new home on the property to replace an old cabin. That approval required that a cribbed sand volleyball court imderlain by plastic sheeting on the lake side of the road be made non-hardcover. The sand area was eventually removed but the cribbing remained in place for a time. This spring applicant was found to be constructing new retaining walls in the 0-75' zone between the road and the lake, and the job was stopped by the building inspector (see tetter of 4-15-03). Gaffron noted that the applicant indicated he intended to make the access to the dock safer by adding a stairway. This area where walls are proposed had a slope of approximately 1:6 or 17% for a 10-15' distance, easily maintainable and not requiring retaining walls for support. This area was not hardcover in 1991 and has never been approved for hardcover. Parking boats or vehicles on it would create hardcover by default. It is stafTs conclusion that applicant is attempting to create a new flat storage or parking area in the 0-75' zone, as evident from the current storage of a boat trailer noted on 6-11-03. Gaffron continued, stating that staff has also advised applicant about apparent illegal boat slip rental at the site, as 2 of 3 boats stored at his dock are not registered to this property. In addition, Gaffron stated that along the house side of the street, applicant states he wishes to replace an old retaining wall that is now gone, to hold up the bank and make this area easier to maintain. Replacement of that wall in the right-of-way is not something staff would support. If it is replaced within the property boundaries, this will potentially create a parking area along the street. This is a narrow street, and applicant’s driveway already has capacity for storing at least 4 vehicles. If this wall is allowed to be replaced, staff would recommend that the area outside of the 3' gravel shoulder be maintained in grass rather than be graveled or paved for parking area. After reviewing 5 issues for consideration, Gaffron restated the staff recommendation that the retaining wall system on the lake side of the road be denied, and the applicant directed to remove Page 9 of 22 i • • MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, June 16,2003 6;00 o’clock p.m. (#4 #03-2905 HEIDI B. NAGEL, Continued) There were no public comments. While the total lot area indicales the Nagel's have 23,210 s.f„ Ms. Nagel pointed out that, in whi th% cl'Su'S S gSSSSBSSSS- Nagel asked if they could back the garage up 1 1/2’ to alleviate the street setback variance. ^ hardcover variance requirements were different. She stated that Ae applicants would need to hold to the 15% structural coverage limitation; however, by sliding back the garage the hardcover variance request would be eliminated. left!^r proposed bump-out would be acceptable if the garage addition was Zugschwert, Rahn, and Bremer aU concurifd with staffs recommendation. m^filatbM recommendations with a few more Mabusth indicated that she could support approving all but the garage addition. Since It would be staffs recommendation to get back to the 1999 approvals, Gaffron indicated Aat blacktop would need to be removed and, since 1% is equal to 232 s.f, virtually, the enUre garage addition would need to be wiped out. ^ Na^l ayecd ^JaWe the application in order to work with staff on specific goals of the plan. She asked whether the Commission or Siaff felt the wetland survey should be pursued. Gaffron could not comment whether the City Council or Commission would wish to use wetland or sepstfated land as part of lot ^ea calculations. Since the entire code would need to be reconsidered, which staff would not support, he didn’t believe it was worth pursuing. P«ge 8 of 22 mm 1J • t MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, June 16,2003 6:00 o ’clock p.m. Gaffron pointed out that the applicant has requested a number of v^ances to enclose a^rtion of a second story deck, expand a deck, extend roof over existing front porch, and construct an no increase or a slight decrease. 2. Average setback encroachment by decks and screen porch. Street setback variance of 1 .5' for attached garage. • ________—frnm 14.02 % to 16.79 3. Street setback vanance oi i.j lor mui^ncu 5oia5v. 4. Lot coverage variance to increase from 14.02 % to 16.79 %. As proposed, Gaffron noted that the applicant proposes 3 additions to the existing residence: 1) Enclose a screen porch over a portion of the existmg 1 st story deck, requinng average setback variance. 2) Add a 68 s.f. portion of deck requiring an average lakeshore setback and hardcover variance. 3) Add an attached 24'x24’ 2-stall garage requiring a street setback variance of 1.5 which results in a lot coverage excess. 4) Extend roof to cover entire front porch. recent hardcover approval allowed 4,910 s.t mine/3-zDU zone. 5238 s.f i.e. an excess of 328 s.f. It is apparent by comparing the 1995 approval and the current survey that this is almost entirely due to overages in the driveway and front walkway. Gaffron shared 5 issues for consideration and indicated that: 1 Staff recommends approval of the enclosure of the screen porch as proposed over the nftrtion of existing 1 “ story deck. 2. 3. portion of existing 1 “ story deck. Staff recommends approval of the extension of roof to cover the entire front porch. Staff recommends that the applicants determine where hardcover will be removed to bring the property into conformance with the 4,910 s.f. limit imposed by Resolution No. primmiccion sViould considcF whclhcF fuTthcf h^dcovcf rcitiovHls bring the property into conformance with me 4,v lu s.i. iimu impo^cu u/ 3578. Then Planning Commission should consider whether further hardcover remova s can be completed to offset the proposed new deck hardcover addition. 4.Staff recommends denial of the lot coverage and setback variances for the attached garage, finding that neither is supported by hardship. As such Gaffron noted that the Planning Commission could either send this forw ard to Council with conditions; or table for applicant to revise plans (provide clear direction to applicant as to which projects arc feasible and which should not be pursued). Page 7 of 22 f-; -r MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, June 16,2003 6:00 o'clock p.m. (#3 #03-2904 RICHARD S. BROWN, Continued) Hawn further suggested they consider removals including the gravel on the other side of the house, blacktop, and pavers. She believed there were many areas to make further reductions and encouraged Brown to work with the planning department to uncover them. GafIron pointed out that, typically, the planmng department would have worked with the applicant to determine the removals prior to this phase. Mabusth questioned whether the Commission would allow the encroachment into the unimproved right of way and wetland setback, and suggested the applicant work with staff to make things work. Rahn felt there were many areas for removals and expressed his desire to see the home get closer to what was approved originally. The Commission agreed that the wetland delineation would need to be performed in order to ensure the applicant meets the 26’ setback; however, the Commission could accept the applicants not necessarily bemg 5 from the property line. Brown questioned if the walls were too high as noted on the inspection. Gaffron stated that the engineer would need to grant approval if the walls were to exceed 4 ’ hi^. Brown stated that he now felt better about working with staff to determine the changes needed. Cooper reiterated his question as to why it took three years to recognize the various issues. Chair Smith stated that tlie construction itself exceeded three years and the City did not have the opportumty to catch the changes. Mabusth moved, Hawn seconded, to table Application #03-2904, Richard Brown, 1300 Shoreline Drive, for the purpose of hardcover removals adding that the Commission recommends wall height be subject to Engineer approval, and the retaining waU be moved out of the right-of-way and meet the wetland setback requirements. VOTE; Ayes 6, Nays u« (#4) TO3-2905 HEIDI a NAGEL. 995 WILDHURST TRAIL, VARIANCES 7:03-7:22 P.lVl. Heidi Nagel, the applicant, was present. Page 6 of 22 !4 I CITY OF ORONO 2750 Kelley Parkv^ay P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING HLE #03-2905 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: June 24, 2003 TO:Heidi Nagel 995 Wildhurst Trail Mound, MN 55364 COPIES: TYPE OF APPLICATION: Variance DATE OF MEETING: June 16, 2003 Planning Commission recommended as follows: Table to allow applicant to work with sialT to determine areas of hardcover to be removed to get back to 1995 approved levels. VOTE: 6 FOR 0 AGAINST Although not part of the motion. Planning Commission indicated lot coverage by structures in excess of 15% would likely not be approved. Applicant's next scheduled meeting is confirmed as: Planning Commission - Monday, Juh 21, 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 extended by notification to the applicant. Your application was deemed complete on May 23, 2003 and the 60-day review period uould end on July 22, 2003. However, because your application was tabled by the Planning Commission to the July 21 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 September 20, 200^ 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 r• ! Date Application Received: S-21-03 Date Application Considered as Complete: 5-23^ 60-Day Review Period Espires: 7-22-03 F To;Chair Smith and Planning Commissioners Ron Moorse, City Administrator A-/^'02 From:Mike Gaffron, Planning Director Date:June 13,2003 Subject: #03-2905 Heidi Nagel, 995 Wildhurst Trail - Variances - Public Hearing Zoning District: Lot Area: LR-IB Single Family Lakeshore Residential, 1-acre min. 0.53 acre (23,210 s.f.) Appik ation Summary: Applicant requests a number of variances to enclose a portion of a second story deck, expand a deck, extend roof over existing front porch, and construct an attached 2-stall garage to the existing residence. The variances include: 1 . Additional 75-250' hardcover in excess of 25% with concurrent removals to result in no increase or a slight decrease. 2. Average setback encroachment by dccKs and screen porch. 3. Street setback variance of 1 .5' for attached garage. 4. Lot coverage variance to increase from 14.02 % to 16.79 %. Staff Reconuneudation: Staff recommends only partial approval subject to specific conditions. List of Exhibits A - Application B - Existing & Proposed Survey/Site Plan C - Proposed Plans & Elevations E - Resolution 3578 (7-10-95) ^ > F - Letters from Neighbors G - Property Owners List H -Plat map I - Site Photos Background Applicant proposes 3 additions to the existing residence: 1) Enclose a screen porch over a portion of the existing 1st story deck, requiring an average setback variance. 2) Add a 68 s.f. portion of deck requiring an average lakeshore setback and hardcover variance. 3) Add an attached 24'x24'2-stall garagerequiringastreetsetback variance of 1.5'which results in a lot coverage excess. 4) Extend roof to cover entire front porch. This property has been the subject of variance applications in the past to allow the decks on the lake side as well as the two-stall attached garage at the east end. The most recent hardcover approval allowed 4,910 s.f in the 75-250' zone. Existing hardcover in 2003 is 5238 s.f. i.e. an excess of 328 #03-2905 Juac 13,2003 Page 2 s.f. It is apparent by comparing the 1995 approval and the current survey that this is almost entirely due to overages in the driveway and front walkway. LOT ANALYSIS WORKSHEET Lot Area/Width; LR-IB Lot Area Lot Width Required 43,560 s.f. (1.0 acre)140' Actual 23,210 s.f (0.53 acre)126 ’ Structural Coverage; Hardcover Calculations; LR-Required Existing Proposed Rear (Street)30’51.9’28.5’ VAR Front NA NA NA Left Side 10’15'No change Right Side 10*5’Garage 15* Porch 20’ Lakeshore 75*76*76 ’ Average Lakeshore (No Encroachment Allowed)6 ’T Total Lot Area Total Structural Coverage 23,210 s.f (0.53 ac.)Allowed: 3,482 s.f (15%) Existing: 3,254 s.f (14.02%) Proposed: 3,898 s.f (16.79%) Hardcover Zone Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover 0-75 ’9.375 s.f Os.f Os.f 0 s.f (0 %)(0 %)(0 %) 75-250 ’13,835 s.f 3,459 s.f 5,238 s.f 5,306 s.f (25 %)(37.9 %)(38.4 %) i M03-2905 June 13,2003 Page 3 Hardship Statement Applicants have provided a brief hardship statement in Exhibit A, and should be asked for their additional testimony regarding the application. Hardship Analysis In considering appllcallons 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 fffect 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 die Orono Zoning Code. Staff would make the following recommendations in regards to the criteria for "undue hardship" pertinent to this application: 1.“The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls.’* The property’ as it exists is being pul to a reasonable xse. “The plight of the landowner is due to circumstances unique to his property not created by the landowner.” The plight of the landowner in regard to the average setback encroachments is a result of the locations of adjoining homes, which applicant cannot control. In regards to the lot coverage e.xcesses and setback for garage, these are a direct result of owner's desire for more home and space. 3.“The variance, if granted, will not alter the essential character of the locality.” The garage addition extending forward ofthe home may be somewhat out ofcharacter with the neughborhood: the deck and porch additions will not alter the characU < of the neighborhood. 4.“Economic considerations alone shall not constitute an undue hardship if reasonable use the property exists under the terms of the Zoning Chapter.” Economics ha\e not been discussed by applicant as a factor. 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.” Sot applicable. 6.“The Board of Appeals and Adjustments or the Council may not permit as a variance ar^y use that is not permitted under this Chapter for property in the zone where the affected person's land is located.” Sot applicable. S' ma-1905 June 13,2003 Page 4 7. “The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.” A’o/ Applicable 8. ‘The special conditions appl>ing to the structure or land in question are peculiar to such property or immediately adjoining property.” The conditions apply to all other lakeshore properties in the I acre zone. 9. “The conditions do not apply generally to other land or structures in the district in which said land is located.” The conditions apply to all other lakeshore lots in the LR-IB District. 10. ‘‘The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Variances are not necessary fur this applicant to continue the current enjoyment of properly rights by applicant. 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 a lot coverage variance will be contrary to the intent of the lot coverage ordinance by adding t excessive bulk and mass of structure in the neighborhood and add to visual density in the neighborhood. 12. ‘‘The granting of such variance will not merely serv e as a convenience to the applicant, but is necessarv to alleviate demonstrable hardship or difficulty.” iVo luirdship has been demonstrated that supports the excessive lot coverage by structures. The average setback variances are. however, supported by the fact that no neighbor's views of the lake will be decreasea by the proposed deck and screen porch. Issues for Consideration 1. The current excessive hardcov er must be resolved prior to issuance of any new permits for this property. 2. After the property is brought in to conformity with the prior approval, it will have to be determined whether hardcover associated with the proposed additional deck at the NW comer of the house can be mitigated by further removal of driveway or other pavement. 3. Is there an> justification to allow an increase in lot coverage above the 15% limit applicable to all lots of this size? Note that the screen porch over existing deck will not increase structural coverage. The extension of roof over the front porch and the new deck at hte NW comer will add about 130 s.f of lot coverage or bring it up to 14.6%. The new garage will bring it well over the limit. 4. The average setback variance should not cause any problems because neither adjacent neighbor's views will be impacted. 5. Does Planning Commission have any other issues or concerns with this application? MU-2905 Jnae 13,2003 Pages Staff Recommendation 1.Staff recommends approval of the enclosure of the screen porch as proposed over the portion of existing I" story deck. 2. 3. Staff recotiunends approval of the extension of roof to cover the entire front porch. Staff recommends that the applicants determine where hardcover will be removed to bring the property into conformaiKe with the 4,910 s.f limit imposed by Resolution No. 3578. Then Platming Commission should consider whether further hardcover removals can be completed to offset the proposed new deck hardcover addition. 4.Staff recommends denial of the lot coverage and setback variances for the attached garage, finding that neither is supported by hardship. Planning Commission could either send this forward to Council with conditions; or table for applicant to revise plans (provide clear direction to applicant as to which projects are feasible and which should not be pursued). mtoiii A CITV OF ORONO - VARIANCE APPLICATION Initial Application Fee S2S0.00 (SSO.OO per each additional variance) Renewal Variance Fee SI50.00 (no change fipom original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) Application # . Date Received Amount Paid ^ PROPERTY INFORMATION . , Site Address__Q3£__(l/lldV\aK-f Trdi I f)Ybr\n Property Identification Number (P.I.D.) t'7 Attach legal description to application if not included on reijuired survey. Date ProgertyAcquired_____v U j kig- I (do) Present use of prope Zoning District: also own the ^jacent parcels of land, rty: \^/retgJL^ .(month/year) residential other (specifyX APPLICANT Name I'felOl B. ItUiutvAddress: (jlJidiutvcVTV^TT Phone (home) ____ Phone (work) 6l2- "Zlo iaT'iy City:, 0%LX>^6 OWNER (if different dian applicant) Name Address:City: Phone (home). Phone (work)_ Zip:, DESCRIPTION OF REQUEST Estiifated Construction Cost $ lOO.ddt) Describe request in detail: m IWld iyXJL 4n fWA.4l ic -fa , * •I" (attach additional sheets if netessary) / VARIANCES 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 compljancq with Zoning Code requirements:ilin/i W 0!sca % tvwL raMruAT 'attachladditional sheets if necMsar^M.iii«uuuionai sneeis ii necessary) i { ^ Wv4,0^ . A. required SUB^UTTALS VI lug MQiipning iniormatiOD be lor_^QUr application to be con«Idgr>d eomplA^y; !•__Completed Application Form and plat map (you must OorCemer Ml j^OT ^ ScuSn^ (signed by a licensed surveyor) and include hardcover ?^rot"on. and proposed elevations) if any changes in existing grade ^e proposed In addition, provide one (1) copy 8*/a" x 11" for reproduction* Sketches or plans of floor & elevation views (provide one (I) copy 8'/i" x 11") Dronriiv^‘'™<f "T h"- in theproperty This would include name(s) of applicant(s) if not current owner(s) As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. ^ persons Additional items as may be requested by City staff. Lri.«Slc«l’’u'T?' TL '■*" that yo«rMHMW WBlUmUli b pot yomplftf if tm ah«vf Infor matl... h.. h... "— APPLICANTS SIGNATURE Ue applicant hereby agrees to provide all information required or requested by the Zonine supplied IS true and correctlto the best of his/her knowledge. information Applicant’s SignatuiCZ ----- Date OWNER’S SIGNATURit Jnt“ tt%VeS°?S^ “ members for oumbL of inv. "'^"'hers. and Council 2. 3. 4. 5. 6. 7. 8. members for purp jses of investigation Owner’s Signa verification of this request. Date 5-2-0 -O? Applicant must havle all su^ittal/^frto the Citv nffir<.c u c l «. . « Meeting. PlanninKtiSsion Meetings L held on fte S'm' ^ ‘r® cXrp“ Si„r “ “ ““ ^ J,/,0 -9^ 7^ /S3u5i^ viao.* •V>'' y4i^ ill 1 ';y^It-1 o E « s o in ||S si I M / / //,C S/zr/ey The East 111.00 feet of the Southeast Quarter of the Northeast Quarter of the Northwest Quarter of Section 7, Township 117, Range 23. The above property is in the na«e of Barbara Kosch as evidenced in Certificate of Title No. 688946. Subject to a peruanent easenent for street, utility and drainage purposes over and across the South 8.00 feet of the -above described property. NOTE ,,Jlie above described easement is not included in hardcover area computations. />^c4rs ar/cA!> ‘ 233 S^^Ct/op P/jVei^A»y • /SSZ 7^/a/5238 mapcovci catcuuTiom smmt A.c.0.t.r. Lakeshor* Setback Zona Lot Area In Zona Eslaclng Hardcovar In Zona Eclating Hardeovar Pareantana Pinal Propoaad All (■/A)al Hardeovar le rarcancaao (0/A)sl90 0 - 75* 75 - 250' 250 - 500* ^375 13^335 - - -af % X X * 0 X X X M PREPARED FOR r) V IS ■'- •■f " ' ; 'A-' n-^ i ■ ^ non t MCI 1 P»Ol (CL I 1CJ »J 99M h$9- a aai iiiiwn a nO( I iHCi I^CMOl O^S' & ^C l«X I Ml »9^9 mmu litciiina oi Propof«(l Plan • Main Lm f • j/ t<ru #05 r- ■v-f p^.l: -4 :- ^ K?-i. . 'V tr*‘ . i! tiii Iifil 03 FROM : BRUCE lUERSBN PHONE NO. : 7E3 323 9936 r (i i- Maw. 20 2003 ll:0GAn P2 C-\ iV Fran : BRUCE lUERSBN PHOrC NO. : 763 323 9936 V-;:; • • ■ " \ - . coJiownirATjoSLA* .•.* I • • •; •• . •... ;r’ •• • • * ; € ■ TV'.'' *• • * .. •* • • -1^1 1 Y “■^1----------------------------- ITORAGi 2t2ien rroKAae UN-tXCAVATEO USMt Uil^XeAVATlO .Jj IMNOAMCA IMM^ nau. 20 2003 U:07nn*P3 <r-2- I Existing Lower Level Plan »c«i#w-r-v # 9. C4 n'il e t ill|i diigS 2^ ^ I diSe i/20/03 rtvtiion CDo 01 rs ••o I sioac* NAGEL ADDITION 995 WId Hurst Drive Omo, MN 55364 pr^mngi lOklMrMii E. Jofftman aid! ftMCMr m lONc. 8p*ia i^nitt.M«9S«s TrifTw-ns-mi r«i*ia.mN(iM % I li- 1 . V' ( •• •} ( 4- ••*’ ■' -y {'' Cv .* •, C ■'' t \ J ■■ Ii 2! S|I •* • r\ I i V4 NAGEL ADDITION 99S WM Hufst Oriv«8.MW0II pwinwy E.Jomimn Nifin Omo.MN5Sa64 PKOrC NO. : 763 323 9936 my. 2B 2003 11:07ml P5 Proposed Plan • Main Leva $c«i« 1/r - r-o* nr //■•Cv *' 1-^ •5 V. // 1 j I t . . • CITY of ORONO liXtesHo^ RESOLUTION OF THE CITY COUNCIL NO. - 8 57 8 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 (B) AND 2 FILE NO. 2030 WHEREAS, Richard LaVere (hereinafter "the applicant") is the owner of the property located at 995 Wildhursl Trail within the City of Orono and legally described as follows: The east 11 r of the southeast quarter of the northeast quarter of the northwest quarter of Section 7, Township 117, Range 23 (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 (B) and 2 to permit construction of a laktside deck totaling approximately 523.6 s.f. of new structural hardcover where 4,991 s.f. or 36.1% exists and where 4,910 s.f. or 35.4% is proposed and where 25% is allowed; and an encroachment of the average lakeshoie setback of 6 ’ where no encroaclur.ent is allowed. Minnesota: NOW, 1 ilEREFORE, BE IT RESOLVED by the City Council of Orono. FINDINGS 1. 2. This application was reviewed as Zoning File #2030. The property is located in tlic LR-IB Lakcshorc Residential Zoning District requiring one acre in area. The property consists of 23,210 s.f. or .53 acres. 3.The Orono Planning Commis..ion reviewed this application on June 19, 1993 and recommended approval of the proposed variances based upon the following findings: A. In 1992, the City approved a hardcover variance within the 75-250’ setback'area at 5,082.58 s.f. or 36.7%. Page 1 of 5 I CITY of ORONO 4. 5. RESOLUTION OF THE CITY COUNCIL NO. & 87 P D.As a condition of the 1992 approvals, required hardcover improvements have been removed and hardcover is currently at 4,991 s.f. or 36.1%. C.Based on the curvature of the shoreline and the location of mature trees in the adjacent street yards, the proposed 6 ’ expansion of a deck beyond the average lakeshore setback line poses no visual impact on the adjacent properties. D.The proposed improvements will result in additional reductions in hardcovc- within the 75-250’ setback area. E. The lakeside deck would be consistent with adjacent lakeside decks on residences also designed with walkouts to lakeshore. F. 523.6 s.f. of new deck area shall be installed over 378 s.f. of patio and former paved walk area approved in 1992. 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 conclitiotis, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of Uie above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 (B) and 2 to permit the construction of a lakeside deck of approximately 523.6 s.f., subject to the following conditions; Page 2 of 5 I i • • CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. 8 57 8 1.Hardcover is approved at 4,910 s.f. or 35.4%. Both existing improvements to remain and proposed improvements are shown on Page 5 of this resolution. Applicant shall maintain improvements as designated on this plan. 2.Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (July 10, 1996). 5.Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be pumshable as a misdemeanor. 6.The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 10th day of July, 1995. Property Owner (s w Page 3 of 5 r'vv l' J r . f CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO 8 57 8 STATE OF MINNESOTA ) ) ss* COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 10th day of July, 1995 by Edward J. Callahan. Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. LINDA S.VEE mmnKUMmwmk HBMEPM COUNTY :onnl»ienbplm in 31.2000 Notdry ^blic STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of -sTlc/u___________ and for said county, personally appeared mo rneJ , 199^ before me a Notary Public within 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. y y y y y ^ y< y y y ><rm LINDA S.VEE NOTARY PUeuC-MINNtSOTA HENNEPIN COUNTY SSI)’' MyCoinni»knEi9b«$Jin.3t.2000 notary PUBLIC y y y ' y y y y STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of Jig /y , 199_£^ before me a Notary Public within and for said county, personally appeared iCtyJ^orA I a ^ ___________ 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. . UWUA5.VEE !«.«> ^NfWNCOONTV * ■^ConMHssloiiE»pl>BJmi.3oiB fi i.NOTARY PUBLIC Page 4 of 5 \ .)■ i- u I % « •.* I i t*•! I. •>' • N^*WV»’VV)«i water .CJJ^ (Jf, „ 22..Jj P^ST N.t'A•A I i’U ' J ?:?(D O--. I..,- ; ;j/t/9- \v I ■=. fillip f< jN. h I P.iu'.„ - ^ ^ > 6'/iL r. ' - <f " - •. ■ J I '/V-I.i 'A - r - - ' li A?»i . >S^~rTOtr-"7------- r/v./wge- ' . v .y<i/ i May 19,2003 City of Orono: In reference to the variance application made by Mr. & Mrs. Scott Nagel for the property located at 995 Wildhurst Trail pin number 071172321000003 we as their neighbors at 997 Wildhurst Trail have no objection to their application. This is no way will impact our property or line of sight. Sincerely, Charles E. Boehm \feyAhn C. Boehm •; n * »f .•***>w i • • •■•7 f A, -A... vl I ■ .1• s/zofdb F-2-r !.* li KouVt < l-kldA.' h^i^ \/(U^(Li,UJL. 0-^^ if'^ (A^uv a5f A-/c-CC/'S ^Aju^ i. \f(ji/uULiyU. ^ O) (-^ ■«r^ ? it fQ V \J o \i ^\ 0/' Adjacent Property Owners' Acknowledgement Form I (we) ('l\jmAt/^ of ih [print name(s)[print address] have reviewed the plans for the proposed improvement or proposed use of the prf^wty located at UJ>jikiivc4'*1V« 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. ftoperty Owner Date Property Owner Date I (we)vJ^ILAa.of ll 1(1<JI uaa;5^"1 vxj^ [print namyk)] [print address] reviewed the plans for the proposed improvement or proposed use of the property located at \HJiidUiLtS^’ ~ty~- also referred to as !^d Use Application No.________ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the propert>- or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor’s project or use requires Council approval. Property Owner Date Property Owner Date If you have any infonnation 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. #2l ( 4 V • • • •4 1 • ■ \ RUN DATE: 5/1/200) 31 0711723120002 FROPADDR 975 WIUNIURST TR OWNER NAME ANTHONY R SODERMAN TAXPAYER ANTHONY R SODERMAN NAME/ADDR 975 WtLOIIURST TR MOUND MN 53364 31 0711723130216 PROPAODR 995 WIUNRiRSTTR OWNERNAME RITA JANEZEBECK TAXPAYER RITA JANE ZEBECK NAME/ADDR 991WILDHURST TR MOUND MN 55364 31 0711723210004 PROPAODR 997 WILDHURST TR OWNERNAME CEBOEHM4MACBOEHM TAXPAYER CHARLES 4 MARY ANN BOEHM NAME/ADDR 997 WILDHURST TRAIL MOUND MN 55364 31 0711723210015 PROP ADDR 4455 WEST BRANCH RD OWNERNAME JANE EKUNE TAXPAYER JANE E KUNE NAME/ADDR 4455 WEST BRANCH RD MOUND MN 55364 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 31 0711723120003 PROPAODR 993 WILDHURST TR OWNERNAME JANETLGILLQUIST TAXPAYER JANET L OILLQUIST NAME/ADDR 993 WILDHURST TR MOUND MN 55364 38 0711723130217 PROPAODR 1000 WILDHURST TR OWNERNAME DAVIDATIMPAMIDIELLETIMP TAXPAYER DAVIDATIMP NAME/ADDR 1000 WILDHURST TR MOUND MN 55364 38 0711723210005 PROP ADDR 999 WILDHURSTTR OWNERNAME MW4NCNIMERFROH TAXPAYER MARTIN W 4 NAN C NIMERFROH NAMUADDR 999 WILDHURST TR MOUND MN 55364 38 0711723240045 PROPAODR 1006 WILDHURSTTR OWNER NAME F G JORGENSEN 4 R M ASHER TAXPAYER F G JORGENSEN 4 R M ASHER NAME/ADDR 1006 WILDHURST TR MOUND MN 55364 38 0711723120009 PROP ADDR 805 FOREST ARMS LA OWNERNAME ALGURALINIK4VGURALNIK TAXPAYER ALBERT 4 VALERIE GURALNIK NAME/ADDR 805 FOREST ARMS LA MOUND MN 55364 38 0711723210003 PROPAODR 995 WILDHURSTTR OWNER NAME S J NAGEL 4 H NAGEL TAXPAYER SCOTT J NAGHL NAME/ADDR 995 WILDHURST TR MOUND MN 55364 38 0711723210006 PROP ADDR 38 ADDRESS UNASSIGNEO OWNER NAME HARRIET J MO.To^HT TAXPAYER HARRJ l: ^ ^iu Kla RT NAMF7ADDR 1003 WIUWIURST T«* MOUND MN 55364 PAGE: I )0 i \ 6 V r-'’A • V/ I* *1 I CERTIFY THAT THE FACTS REPRESENTED ARB AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARSTHIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY TAXPAYER SERVICES DEPARTMENT. TO THE BEST OF MY KNOWLEDGE AND BEUEF. Hennepin County Taxpayer Services Department . pY UNO fSR0* ■A r • f 12 1Q 07- 23- /* ■k> r>•14 t 4 Od Parcel Information I iM 3Pare«l ID 071172321 H oum Number 098 OtrMt Hamm WILOHUROT TR This ts not • hg»Ky ncofdtd msp. h rsfifosonts a camfiasbon of kihnnseon and data from Cdy. County, and Stata road authormas and eOm sources. litiiii liM 4 mm / ffisii i ^i i “’k '’'■III niijnMlnSE ;- ‘t ^*3 I i . l 1 1 ; - 5 f • < i* •ij il N V \ .' ^ t '\ 1 f X ■MB IM ■ * ( ; :• - " >. ■■•’•< #- J •^v--V •> . :'iM It ' '♦ •* ^ V’ 'r • / ^ i> * 'C ' / i* ' ^ ■ ,'- • ’ f ■:•&,■ ■ .-s^lpi^SSPWillllB f.* - * \ ' '' ' r'.’' ' ■ ’, ■ ‘. '.n; • ;;^ •^.-'■> ■ . . ■.. -^'r- ■•■•.•'■': , ■ «* • ‘ V . • V *. 4^’r " * * ^ . .' ■'. •.■.'■•*• / ■.: ■'•/» ' .•. . . '-/i-' -♦'. .. ■ f , •^• v -. .• '*^»> ; .. *r'^. ■' ' ' I • \ .• \ . r • ' ■ • ••S’' * y , vl^’^ • » •.-»,*<* ^ *\ \ • ' • '. • ■r . ' . ' r • • )■ *>•..' V /••* - V.‘ 1' • ^ nI ' -\ ,‘y i ' <-V - * i. ■ <• *'* rv^'T'-W \ 4 . • V^ IS^’^\^!A r;:)S /_J 4 4. H:>'r<s' .41 .■ r ■> n ^1 <1'V - ^r, ' i/ i.i-1 • ^v r* ^'W ;A1 V' v.'y' ‘' %m ^ I \' * -T.5^ M - . '' ' u --ik ' . it ^ ■ ^ \ ^ ■•- '■■■• ;iK)ki2S^> ‘ 'JrM^^TTCSnffl '*3'* •■?• ••; ■■••’:'^-i 5,v- '■s / V4 t ‘f ’V-.^ ^ /t-. m■r.tl.-< rVw ‘ •- - »a=.'1- : OBSf. . . T'S v\ i mm^mk iiiir 1 niiiiliiiiiTi ff:?=ll' liiii aisfiMi»1 < « V \,W, •., t I ^ \ V Date Application Received: 7-23-03 Date Application Considered as Complete: 7-23-03 60-Day Review Period Pipires: 9-22-^3 and extended to 11-21-03 SEP 2 2 2003 Oil t Kjr REQUEST FOR COUNCIL ACTION Date: September 19,2003 Item No.: ^ Departmeot Approval: Name: Janice Waataja)^^^^ Administrator Approval:Agenda Section: Zoning Title: City Planner Item Description: #03-2936, Bruce Meesc & Maureen Murphy, 3135 Casco Circle. - Hardcover Variance Zoning District: Lot Area: Lot Area: LR - 1C. One Family l.akeshore Residential District (14 acre min.) .49 acres (21.392 s.f.) 60 feet List of Exhibits A - Survey Showing Location of Deck B - Survey of Entire Property C - Letter from BKBM Engineers dated 9-4-03 D - Letter from City Engineer dated 9-10-03 E - Council Action Notice from 8-25-03 City Council Meeting F - Council Memo from 8-25-03 City Council Meeting Application Summary: Applicant requests the following variance to allow an existing lakeside deck to remain: 1. Hardcover variance to allow 6% hardcover in the 0-75* zone when 0% is allowed and 14% currently exists. Additional Information Please rev iew the letter from BKBM Engineers and the comments of the City Engineer regarding the deck and its necessity to support the retaining wall. Planning Commission Recommendation Approval consistent with staff s recommendation on a vote of 4-1 at the August 18.2003 meeting. The dissenting commissioner (Hawn) would have allowed the deck to remain in place. Stall recommended: 1 . Denial of the hardcover variance to allow 6% hardcover in the 0-75 ’ zone when 0% is normally i allowed, to be consistent with what has been consistently approved for rebuild situations. In addition, the applicants were allowed a 32 square foot landing, as outlined in the Zoning Ordinance, in place of the e.xisting lakeside deck. if the applicsmts choose, the 20 ^uare foot lock box allowance could be used towards squijac ft>,>tav;'4 of the landing but not in addition to a lock box. The lakeshore stairway is allowed to remain in place for access to the shore. Staff Recommendation Approval consistent with Planning Commissions above recommendation. COUNCIL ACTION REQUESTED Council has to following options: I. Direct staff to draft a denial resolution denying a hardcover variance for the 0-75 ’ zone which would require the deck be removed. 2. Direct staff to draft a resolution approving the hardcover variance for the 0-75 ’ zone which would allow the deck to remain, or 3. Table the request to allow the applicants to conduct a further analysis of the deck and its necessity in supporting the retaining wall. ■ i; i. • V' " ■!i —riaammeiiii i ZON g ! IMs-f.n«^‘ •«?.7 99Zo m m <n <Urnau\ = ®pa^‘ Ub» ® gthurvu*w vJisJ !«•• 53s/#-'/. 9?^.^27J 75' _ ^TBACj: 5X^5^ %2a:sfc'M^ ^r-.; fVBUll.D/)Asr_;.,a1-'NE ""'<fraACK-^- 10 '"^ATEO ■*>- • */ J. '»S3:T'TO 0 ^EfAOV KE/AOVgp .tP It »yj suny^Yu^ ’><2*0POy --------- f)CAl<-’-r=zo' / ^/4*Crr,V lake Minnetonka -V US/Ui liv;41 f.U /bJ 944 U-I2i MKHN hMil.Nkbhb *4|UU1 1 BKBjg^9M0 Brooklyn Boul«vwd ninoMpolo. MN SS42B-2Sie (7B3) 843-0420 F«c (703) 843-0421 E*mofl: bUbm^bkbmxom Seplcn^rr 4,2003 Mr. k^! ')Mibaiy TIm Don.c'v Cofiq>iny 4410Shi)r^««wDriv« Spring WN 55314 Re: St^SCaaooCiRle O1MW.MN 55391 Zoiung Flic 803-2936 Dev Jeff: On WeiBOoday, Soptenbor 3. 2003, at your request, ytt performed a site visit at the referenced address to review the retaming waU nev the lake shoreline. The concieu wall appears to have been constnided to provide a level area near the water. It runs parallel to the water's edge and b braced on the ends by concrete letums. It retains approximately eight feet of earth At some time, the area was in-fiUed with a wooden deck. Therimofthedeefcis bolted directly to the fUD length ofthe wan and one on return The rim busing the waU fix support. Within the last fiew years, the entire wall has been covered with rou^-sawn fenehtg material that makes a conipicte review of the wall impouible. In several areas where the wall be*posed,th«e are ttgna of eraeking in the concrete. It b our opinion that the retaining wall wu not originaliy designed to require the supplemental brachqs of the deck. However, due to the preaent deterioration of the concrete in the wall, the deck may be providing some stability The opkdons in thb rcpoit are based on limited visual obseivalions xdy. No physical testing has been perfonnad and no calculations have bean made to determine the adequacy of the stnimural syatem or to determine its conq>liacce with accepted building code requirements. Sincerely, BAKKE KOPP BALLOU ft McFARLIN, INC. John B. Thiesie, P.K Principal Dkect Ltae; (763) 843-0451 z.\xi»masMrM.caeiB»j rcMMMamv SMBueNOtNeineAweguaosasnuNfyeiTisuif MiuaaitiB nUAi J/1 Bonestroo Rosene Andertik& Associates Engineers & Architects ■ofi«iirop. ffofPfi*. Andtrllli aod Assocl«tPt« Inc* if Arflrmpfivt Acfian/fey«l Oppoftimiljf b.^^loytr «mf Imploypp Ownptf Frlncipjlt: Olio G Bonestroo. FI. • Marvin L Sorvafa. FI. • Glenn B CocJi. FI • Pol>ert G Schunicht PC. • Jerry A Bourdon. FI • Mark A. Hanson. PI Scnloi Comultanit: Robert W Rosene. PI • Joseph C Arsderiik, PI • Richard I Furnef. Pf • Susan M Ibernn. C PA Aisociaie Principalt: Keith A Gordon PI • Robert R Pfellerie. PC • Richard NIP Foster. FI • Oav*d O loskota PI ■ Michael T Rautmarsn. PX • Ted K Field. PI • Kenneth P Arnlersoa FI • Marti R Rolfs. FI • Oavid A Bonestroo. MBA* Sidney P VP.if:afmon. PI. L V • Agrses M Rmg. MB A • Allan Rick Schrmdt. PI • Thomas W Feierior». FI. • James R Maiand. PI • Miles B Jensen. PI • L Phillip Gravel IM. Pc • Oarvel J Idgerton. PI • Ismael Martiriec. PI • Thomas A Syfko. PI • Sheldon J Johnson • Cale A Grove. PI • Thomas A Roushar. Pf • Robert i Oevery. PI. September 10,2003 orrices: St Paul. St Cloud. RocT«cster and WUlmar. MN • Mu«kraukee. Nirl • Chicago. H NBbbtlte: wvv^aibonestioocom Ms. Janice NVaataja Planner Citv of Orono Post Office Box 66 Cr>^tal Bay, MN 55323 “•'.a.Onrflir Re: 3135 Casco Circle File No. 139-03-000 Plat No. 03-2936 Dear Janice: We hav e reviewed the letter from BKBM Engineers dated September4,2003 regarding the retaining wall at 3135 Casco Circle. The letter is inconclusive as to whether the deck is necessary to support the existing retaining wall. We recommend that the structures be further analyzed to determine the interdependency of the wall on the deck. We ht>i.i the fellowing eernmniu M ilk ii inrdsm ■nginiirinQ miiik If you have any questions please call me at (651) 604-4863, Yours very truly. BONESTROO, ROSENE, ANDERUK & ASSOCIATES, INC, Cc: Greg Gappa, City of Orono 2i35 West Highway 36 • St. Paul. MN $Stl3 • 6Sf-636*4600 • Pax: 6SI'636'f3ll CITYOFORONO 2750 Kelley Pirieway P.O. Box 66 Qyslal Bay, MN 55323 (952) 2494600 ZONING FILE: ^03-2936 NOTICE OF COUNCIL ACTION DATE OF NOTICE: August 27,2003 TO: Bruce Mcesc & Maureen Murphy 3135 Casco Circle Orono, MN 55391 COPIES: Stonehouse Designs Carrigan Curtis 420 East Rice Street Wayzata, MN 55391 TYPE OF APPUCATION:Variances (lot area/width, hardcover) DATE OF MEETING: August 25,2003 VOTE: J FOR 0 AGAIJVST MOTION: Approval of the lot area and lot width variances and a hardcover variance for the 250- 500 ’ zone per the findings and conditions of the attached, revised resolution. Table the hardcover variance for the 0-75’ zone. The applicants were directed to have a certified engineer inspect the condition of the bank as to whether or not the deck is reinforcing the retaining wall. The applicants shall submit their engineer’s finding for review by the City’s engineer prior to placement on the next City Council agenda. A separate resolution will be drafted for this variance request following a decision by the City Council. Variance approval is limited to the extent shown on approved plan and as noted in the approval resolution. Changes in approved plans are subject to further review by the City. Variance approval expires one year after date of approval. A building permit must be obtained no later than August 25,2004. 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. i Iki i< Date Applkallon Received: 7<234)3 Date Application Considered as Complete: 7>23-03 60-Day Review Period Expires: 9-22-03 REQUEST FOR COUNCIL ACTION Date: August 22,2003 Item No. Department Approval:Administrator Approval:Agenda Section: Zoning Name: Janice Waataja Title: City Planner 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 Disu-ict ('/j acre min.) .49 acres (21,392 s.f.) 60 feet 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 Sun$mary: 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 w hen .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 v ariance 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 staffs 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 which result in a 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 RccoDmcDdation 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 Date Application Received: 7-23^3 Dale Application Considered as Complete: *-6-03 120-Day Review Period Eipires: 12-4-03 _________________________ SEP 2 2 2003 Cll Y or onv^tvo REQUEST FOR COUNCIL ACTION Date: September 19,2003 Item No.: *7 Department Approval: Name: Janice Waataja^ Title: Citv Planner Administrator Approval:Agenda Section: 21oning Item Description: ^03-2937, Robert Morlock, 980 North Shore Drive Preliminary Plat - Resolution Zoning Dbtrict: Lot Area: Lot Width: RR - 1B, One Family Rural Residential District (2 acre minimum) 4.067 acres 476 feet Lbt of Exhibits A - Letter from Hennepin County B - Letter from Septic Inspector Matt Bohemian C - Resolution per Planning Commission Recommendation D - PC Action Notice 8-21-03 E - PC Memo and Exhibits of 8-13-03 Application Summary: Applicant requests preliminary plat approval for a 2-Iot subdivision to be known as Englund Third Addition located at 980 North Shore Drive. Staff Recommendation: Staff recommends approval based on the following conditions; 1. Submission and approval of a final plat. 2. Implementation of the recommendations of Hennepin County. 3. Implementation of the recommendations of the City Engineer. 4. Subject to standard fees and easements. 5. The existing house and associated sheds be removed prior to issuance of building permits for either lot. Planning Commission Recommendation Planning Commission voted 7-0 at their August 18.2003 meeting to approve the two-lot subdivision subject to finalization of the drivewav' arrangement for Lot 1. conser%’ation easements, and final approval from Hennepin County. Staff Recommendation Approval per the attached Resolution. i COUNCIL ACTION REQUESTED Adopt the attached Resolution approving a preliminary plat for Robert Morlock at 980 North Shore Drive. r . meeiveD Hennepin H«nn«pin County Transportation Dapartmont AUC ;<« M05 1600 Prairie Drive Medina, MN 55340-5421 -----------GtnrOFOAOMO 763-745-7500, Phone 763-478-4000, FAX 763-478-4030,100 www.co.hennepin.mn.us August 26, 2003 Ms. Janice Waataja, Planner City ofOrono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 Re: Proposed Plat - ENGLUND 3"* ADDITION CSAH 19, Southeast of Red Oak Lane Section 7, Township 117, Range 23 Hennepin Coum>’ Plat No. 2765 Review and Recommendations Dear Ms. Waataja: Minnesota Statutes 505.02, 505.03, and 462.358, Plats and Surveys, require 30 days for county review of proposed plats abutting county roads. The Plat Resiew Committee resiewed the above plat at its regular meeting on August 12,2003. The following comments are presided for your consideration. The developer should dedicate a 7 foot wide trail easement beyond the 33 foot half right of way along CSAH 19. This action will help accommodate a future trail as identified on the County Bicycle System Plan and the Orono Open Space and Trail Plan. The attached typical section shows the necessary right- of-way limits. The access to Lot 2, Block I, may remain. Access to proposed Lot 1 must be located near the northwest plat comer to maximize the southerly sight distance. Due to its proximity to other driveways, the access to Lot 1 will not meet county access spacing guidelines. To minimize direct driveways and inqirove safety, the city is encouraged to examine sharing this entrance with the existing driveway immediately north of the plat. All proposed future construction within county right of way requires an approved Hennepin County permit prior to beginning construction. This includes, but is not limited to access, drainage, and utility construction, trail development, and landscaping. Contact our Permits Section at 763-745-7601 for the appropriate permit forms. Please direct any response to Dave Zetterstrom at 763-745-7643. Sincerely. James N. Grube, P.E. Director Transportation Department JNGcba/rqb cc; Plat Review Comminee-Abcnc/Bycn/Holtz/Johiuon/Lindgren/Snvcka. Zenentrom Rob Wied, Hetmepin County Sutvej^t Office An Equal Opportunity Emphytr Recycled Papef / // // I 'o o\ t t:\ 'll ClTYof ORONO MankiiMl Offices stmt kUnn. 2750 Kelley Parkway Orom, MN 5S3S6 Mafllag IMraei: P.O. Box 66 Crystal Bay, MN 55323^ TO;Janice Waataja FROM: Matt Bolterman, On-Site Systems Manager DATE:August 8,2003 SUBJECT: Revised Septic Review for Bob Morlock 2-lot Subdivision The property at 980 North Shore Dr \V. has two approved sites for mound septic systems on each of the two proposed lots. The scfi^ic design was done by Paul Otto on July 22,2003. The sites are for 5-bedroom septic systems These sites meet all Orono and State Septic Code requirements in regards to design. 1 recctViittend approval with the following condition: Lot 1 must meet a minimum 10 foot setback from alternate septic site to the trail easement. WtpliMt (952) 249-4MO • fks (952) 2#^lf •• A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A CLASS III SUBDIVISION FOR PROPERTY LOCATED AT 980 NORTH SHORE DRIVE FILE NO. 03-2937 WHEREAS, Robert Morlock (hereinafter the “subdivider ”) on July 23. 2003. filed a formal subdivision application with the City for approval of a two lot residential plat of property legally described as: Lot 2. Block 1, ENGLUND ADDITION, Hennepin County. Minnesota (hereinafter “the property ”); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono's Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing on August 18. 2003. at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on September 22. 2003. the Orono City Council considered the subdivision application of the subdivider noting the follow ing findings of fact: I. The property is located w ithin the RR - IB One Family Rural Residential Zoning District requiring a minimum of 2 acres of contiguous dry buildable land within each newly created lot. The property contains a total of appro.ximately 4.00 acres of land. There are no wetlands on the property. 3.The proposed plat consists of two residential lots each meeting the minimum lot standard requirements of the RR - 1 B. One Family Rural Residential Zoning District, each meeting the minimum 2 acre lot area requirements and each having over 200' in defined width at the street right-of-way. 4. Both lots will be served with septic systems and private wells. Page 1 of 5 J 5. 6. 7. 8. 9. 10. Lot 2 contains an existing house with attached garage and two sheds. Lot 1 contains an existing septic tank, and an existing drain field area exists on both Lots I and 2, all of which must be removed or abandoned prior to any sale of Lots I or 2 into separate ownership. Lot 2 will be serv ed off the existing drive access from CSAH 19 (North Shore Drive). Lot 1 will either have a shared driveway agreement with the property owner to the north or will obtain a permit from Hennepin County for a separate drive access to CSAH 19. Hennepin County has requested, and the City of Orono will require, dedication of a 7 foot wide trail easement beyond the 33 foot east half right of w ay along CSAH 19 (North Shore Drive) to accommodate a future trail as identified on the County Bicycle System Plan and the Orono Open Space and Trail Plan. Primary and alternate septic sites have been identified for proposed Lots 1 and 2. The primary and alternate septic sites for Lot 1 shall be shifted slightly to meet a minimum 10 foot setback to the dedicated trail easement. 20’ wide conservation easements shall be dedicated along the northern property boundaries of both Lots 1 and 2 to enhance water quality and slow stonn water runoff rates from the site. Should the applicant choose, an alternative plan can be submitted to achieve these goals in place of the conservation easement dedication for review and approval of the City Engineer for Lot 2. NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat application of Robert Morlock at 980 North Shore Drive per preliminary plat draw ings by Paul Otto of Otto Associates Engineers and Land Surv eyors. Inc., dated August 1.2003, subject to the following conditions: 1.A private driveway easement with the property owner to the north of Lot 1 be submitted or a permit from Hennepin County be obtained for driveway access for Lot 1, prior to final plat approval. Page 2 of 5 i r 1 3. 4. 5. 6. 8 20* wide conservation easements be dedicated along the northerly property boundaries of Lots 1 and 2 to enhance water quality and slow storm water runoffratcs from the site. Or, alternative plans achieving these same goals be submitted to the City for review and approval by the City Engineer. The alternate and primary septic sites maintain a 10 foot setback from dedicated 7 foot trail easement along CSAH 19 (North Shore Drive). The developer shall grant to the City 10 foot jx*rinicter drainage and utility easements. 1 he e.xisting house with attached garage, sheds, septic tank, and trench septic area be removed or abandoned prior to sale of Lots 1 and 2 into separate ownership. Pavment of standard Park Dedication Fee for Lot I, Block 1. 7. Payment of standard storm water and drainage trunk fee for the property. Subdivider is hereby advised that preliminarv subdivision approval will expire within one year of the date of City Council approval, September 22. 2004. Should the subdivider fail to complete the filing of the final plat application within the year deadline, it shall be necessary for the subdivider to file a new preliminary subdivision application with the City. Final Plat Submittals: The following list of final submittals must be submined to the Zoning Administrator two weeks prior to the regularly scheduled Cit> Council meeting on the second and fourth Mondavs of the month. These submittals are as follows: 1.Record plat draw ings in the form of tw o (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*. Drawir.es to include: a. Lot lines platted per preliminary survey b> Paul Otto of Otto Associates Engineers and Land Surveyors. Inc., dated August 1,2003. Page 3 of 5 b. Dedication of drainage and utility easements 10’ wide along the exterior boundaries of property and 5’ along the internal lot lines. c. The naming of plat. l.egal documents required; a. 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 bv such interest. b. 1 he applicant must provide certified copies of all recorded easements currently affecting the property. c. Signed and executed Developer’s Agreement and letter of credit for approved site improvements. d. Signed and executed Drainage Easements to be taken over drainage way and detention areas within plat. 3. Fees to be paid: Total due: $400.00 a. Final plat fee = $200.00 b. Legal review and filing fees for subdivison and associated documents = $200.00 c. * Park Dedication Fee: amount shall be determined as soon as City Assessor has placed a fair market value on the undeveloped land at the time of preliminary plat approval. The subdivided shall be advised as soon as Assessor’s report has been files with City. d. Storm Water and Drainage Trunk Fee = $ 10,800 (4.0 acres @ $2,700/acre) Adopted b\ the City Council of the City of Orono, Minnesota at a regular meeting held this 22"** day of September, 2003. Page 4 of 5 / ATTEST; Linda S. Vee, City Clerk Barbara Peterson, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 22"^ day of September. 2003, by Barbara Peterson & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary* Public Page 5 of S CITY OF ORONO 2750 Kelley Parkwiy P.O. Bos 66 Ciystal Bay, MN 55323 (952) 249-4600 ZONING FILE: «03-2937 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: August 21 .2003 TO:Bob Morlock 5020 Page Avenue St. Michaels, MN 55376 COPIES: TJi^E OF APPLICjYTIONPreliminaiy Plat DATE OF MEETING: August 18,2003 Planning Commission recommended as follows: Approval subject to staff s recommendations. The driveway (pending written approval from County) and conservation easements issue must be worked out prior to City Council consideration. VOTE:FOR AGAINST Applicant ’s next scheduled meeting is tentatively set for: City Council - Monday, September 8,2003; 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 Platming Commission or Council. If you have questions, please call City Planner Janice Waataja at 952-249-4623. % / * * a. bHI % » ^ • r- A«g«tt 18,2003 Pag* I of3 trict (2 acre minimum) oval for a 2-lot 10 North Shore Drive. te following conditions: ssuance of building Requirements. observed: Yard cent to Rear I Yard *t 50 feet ^lemorandum sList M3-2937 August 18,2003 Page 2 of 3 Introduction Bob Morlock is requesting preliminary plat approval for a two lot subdivision of his property located at 980 North Shore Drive (Co. Rd. 19) just north of Tonkaview Lane. The property is zoned RR-IB, One Family Rural Residential District which requires 2 acre minimum lot sizes. The property is a 4 acre parcel to be divided into 2, 2 acre lots. The existing home on the property will be removed (note that as proposed, the existing house would be too close to the side lot line). The proposed legal descriptions for the non-lakeshore lots are as follows: Lot 1, Block I, England Third Addition Lot 2, Block 1, England Third Addition Both lots consist of 2 acres of dry contiguous land. The property is not located within 1,000’ of lakeshore and is therefore not subject to hardcover requirements. Preliminaiy Plat Analysis The property meets all of th ? following minimum lot size and setback requirements: RR-IB Required Existing Proposed Lot 1 Proposed Lot 2 Lot Area 2 acres 4 acres 2 acres 2 acres Lot Width 200’476.25 ’238 ’238.25 ’ Front Yard Setback 50’194*247 ’153 ’ Side Yard Setback (north)30’260 ’36 ’125 ’ Side Yard Setback (south)30’ 146 ’ (house) 17’(shed) 44.4 ’(shed) 160’72 ’ Rear Yard Setback 50’ 69.5 ’ (house) 10.3’(shed) 45.2 ’(shed) 174’80 ’ All proposed setbacks are taken from proposed 40’ x 40’ house pads as shown on the preliminarv plat. The proposed lots have enough buildable area to accommodate a house much larger than the proposed 40’ x 40’ pads. Access: ITte property abuts County Road 19. Hennepin County has jurisdiction over access and has reviewed the preliminary plat and their comments w ill be forwarded the night of Plarming Commission consideration. The applicant has indicated that the existing drive access will be utilized for Lot 2 and that a new drive access from Co. Rd. 19 will be established for Lot 1. The City Engineer has recommended a shared driveway agreement to minimize curb cuts on Co. Rd. 19. The issue of a private drive or additional Co. Rd. 19 access should be discussed. Planning Department staff would recommend that INU-2937 AngMSt 18,2003 Page 2 of3 o lot subdivision of his lorth of Tonkaview Lane. District which requires 2 divided into 2, 2 acre lots, t as proposed, the existing legal descriptions for the erty is not located within requirements. 1 setback requirements: osed es Proposed Lot 2 2 acres 238.25' 153' 125’ 72’ 80' se pads as shown on the rea to accommodate a house inty has jurisdiction over ents will be forwarded the has indicated that the drive access from Co. Rd. nmended a shared driveway ' a private drive or additional staff would recommend that the City follow the recommendations o Storm Water, Drainage, and Erosion proposed around all perimeter property boundary in conformance with City req Private driveway easements shall be de< should a shared driveway be required, submitted showing how the private driv Most of the drainage flows north-north' recommends than some t>7)e of “no-gra tines of both tots due to steep grades. 1 easements. This would prevent future c therefore, slow storm water run-oft'rate Erosion control measures shall be insta development. The City will inspect the measures are installed. The entire 4 acres will be subject to the Septic Analysis: Copies of the propost preliminary plat. Septic inspector Matt septic plans and his comments can be ft 11,2003. He is recommending approvi Issues for Consideration 1. Should a “no-grading ” zone be requi 2. Should a shared driveway be establii 3. This proposal will be review b> the park dedication. 4. Are there any other issues or concen Staff Recommendation Approval of the preliminary plat is reco 1. Submission and approval of a final p 2. A conservation easement shall be si final plat approval. 3. Implementation of the recommendat 4. Implementation of the recommendat 5. Subject to standard fees and easemei 6. The existing house and associated sf permits for either lot. HMMSAL t 1 • 7 • rip.iwti WOilWll FuTOltimtJ WlWIiW •jwr THir •r«]ci4i&vu» •iMirtPi* w inoii iirnicMi WiiitWiiir-Ti]L'ff C. ^liimiWiTiTOTTr •j »j H • Llfl W1 (•¥«< il L»i^kaM[»)fionr;ngTTTaN WiFiTilil •J!HW11!W« I »*r« >• HMnV. ^ininriTr [•jtV'Yirt •J'JlWlllWVI fiWmSfS •iiMirw^ii uiiMMiTTrTTT^tn *r«IOFT« HUnTTjnTTlB'J • f MhrOiV. pin County Department of Finance A-603 iMish notified of this application. ■onttiroo. toicn and Imployaa Om Frincipalf: Otto G Jerry A Bourdon. Senior Coniullan Atioclaia ^rlncip Micnael T Rauimar Sidney P. WiUiamsoi Jamei R Maiand. P Thomas A Syfko. Officat: SI Paul. W%bilia: wwwboi Bonestroo Rosene Anderlik& Associates Engineers & Architects Jmy3l,2003 Janice Woataja Planner City of Orono Post Office Box 66 Crystal Bay. MN 55323 Re: Englund Third Addition File No 139-034X10 Plat No. 03-2937 Dear Janice: We have reviewed the preliminary plat for | proposes to subdivide the existing 4-acre lot i 19 in the northwest quarter of Section 7. We I The perimeter drainage and utility e: The existing driveway should remain No additional driveway cuts should The applicant should provide some t; storm water runoff rates from the siti Plans should be submitted to Hennej Erosion control measures should be ii site. If you have any questions please call me at (l rrsfnwifnri™ ridiTTlW BOr.TSTROO, ROSENT, ANDERLIK & A t ^ecrtfrit ^ \ M GITYor NO Muiidpal Offices Stmt IKwii. 2750 Mkf Partway Orono, MN 55356 P 0 Box 66 Crystal Bay, MN 553234)066 TO:Janice Waataja FROM:Matt Bolterman, On-Site Systems Manager DATE:August 11, 2003 SUBJECT: Septic Review for Bob Morlock 2-lot Subdivision The property at 980 North Shore Dr W. has two approved sites for mound septic systems on each of the two proposed lots. The septic design was done by Paul Otto on July 22.2003. The sites are for 5-bedroom septic systems. These sites meet all Orono and State Septic Code requirements. 1 recommend approval based on septic concerns. 1Wepbooc052)HimB • Vu (9S2) 24MiM ■'I ■' -Si K-y^ '-VV'• ••. .: ' •■• • :. , ■-.;.o,v RUNI»A11i:7/fl/2m.1 38 0711723220012 PROf ADDR 900 NOR-ni SHOKI- DR W OWNI-RNAME D A PRATT* PJ PR AIT TAXPAYER DAVID * PATRICIA PRATT NAMI-/ADDR 900 NORTH SIIORI: DR W MOUND MN SS3M 38 0711723230002 PROP ADDR 1068 NORTH SHORE DRW OWNER NAME D*K VON BANK TAXPAYER DUANE* KATHLEEN VON BANK NAME/AODR 1060 NORTH SHORE DR W MOUND MN 53364 38 0711723230024 PROP ADDR 980 NORTH SI lOKE OR W OWNER NAME ROBERT C SAUPANTE ETAL TRS TAXPAYER CATHERINE/ROBERT SAUPANTE NAME/ADDR I4SSS DURHAM RD MINNETONKA MN S534S 36 1211724140003 PROP ADDR IOSSCORDNOI9 OWNER NAME D W BAIUtY * C 3 BAILEY TAXPAYER DEAN W& CAROL 30 BAILEY HENNEPIN COUNTY PROPI-RTY INFORMATION SYSTEM PROPER I V OWNERS LIST 38 0711723220013 PROP ADDR 950 NORTH SHORE DR W OWNER NAME KATHLEEN POLITICK TAXPAYER KATHLEEN POLLOCK NAME/ADDR 950 NORTH SHORE DR W MOUND MN 55364 38 0711723230003 PROP ADDR 1070 NORTH SHORE OR W OWNER NAME THOMAS G WIENER ETAL TAXPAYER THOMAS G WIENER NAME/ADDR 1070 NORTH SHORE DRIVE W MOUND MN 55364 38 0711723230029 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME HENNEPIN FORFEITED LAND TAXPAYER CITY OF ORONO NAME/ADDR 2750 KELLEY PKWY POBOX66 CRYSTAL BAY MN 55323 36 1211724140004 PROP ADDR 1035 CO RO NO 19 OWNER NAME 30NMBLOMBERG TAXPAYER 30N M BLOMBEKU 38 0711723220017 PROP ADDR 4735 WEST BRANCH RD OWNER NAME B&VVANSLOUN TAXPAYER BRUCE P*VIRVEL VAN SLOUN NAME/ADDR 13809 FOREST MEADOW DR MINNETONKA MN 55305 38 0711723230004 PROP ADDR 1100 NORTH SHORE DR W OWNER NAME BRIAN E PETERSON TAXPAYER BRIAN & MARNIE PETERSON NAME/ADDR 1100 NORTH SHORE DR W MOUND MN 55364 36 1211724110004 PROP ADDR 855 RED OAK LA OWNER NAME GRANT R WENKSTERN TAXPAYER GRANT R WENKSTERN NAME/ADDR 710 NORTH SHORE DR W MOUND MN 55364 36 1211724140019 PROP ADDR 1105 CO RD NO 19 OWNER NAME F*SROYLE TAXPAYER FRED C A SHIRLEY 3 ROYLE r <r> ’ i '* 7 f ■ ") \; 1 ■i i i Dale Applkatioa Received: 08-0M)3 Dale Appikalloa Considered as Coapkle: 08-28*03 60-Day Revkw Period Expires: 10-28-03 ______________ SEP 2 2 2003 Cut or UnoiMU REQUEST FOR COUNCIL ACTION Date: September 18,2003 Item No ^ Department Approval: Administrator Approval: Name: Melanie Foth Title: City Planner r Agenda Section: Zoning Item Description: 03-2938 - Kent & Sandra Larson. 540 Orono Orchard Road - Street and side setback variances - Resolution Zoning District: RR-1B. Single Family Residential. 2 acre minimum Lot Area: 0.584 acre (25,432 s.f.) List of Exhibits: A - Resolution per Planning Commission Recommendation B - PC Action Notice 09-16-03 C - PC Memo & Exhibits as of 09-15-03 Application Summary: The applicants are requesting side yard and street setback variances in order to construct a 10' x 28' addition to the north side of their existing home. Planning Commission Recommendation On September 15,2003, Planning Commission voted 5-2 to recommend approval of the variances as proposed by the applicants. The dissenting voters questioned whether a hardship exists, but the majority concluded that the house configuration, existing screening and wide separation between homes supported the variance approval. Staff Recommendation Approval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. r A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-420(b) FILE NO. 03-2938 WHEREAS, Kent Larson and Sandra S Larson, husband and wife (hereinafter “the applicants") are the owners of the property located at 540 Orono Orchard Road within the City of Orono (hereinafter the “City") and legally described as follows: Lots 4,5,20 and 21, Block 13, Minnetonka Bluffs. 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 78-420(b) to allow an addition to encroach 8.5* into the north side yard setback and 33.5* into the rear street yard setback. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota; FINDINGS I. a This application was reviewed as Zoning I'ile #03-2938. The property is located in the RR-IB, Zoning District which requires a minimum side yard setback of 30* and a minimum street yard setback of 50*. 3.The Planning Commission reviewed this application at a public hearing held on September 15. 2003 and recommended approval of the side yard and rear street yard variances based on the follow ing findings; a. The proposed addition will be 21.5’ ftom the north side yard lot line, and 16.5’ from the rear street yard lot line. Page 1 of 5 4. 5. b. The location of the neighboring home to the north, and the existing vegetation screen make the encroachment ot the side yard setback less significant in terms of its impact on tlie neighboring property. c. The nature of the alley which splits the property in half and serves solely the applicants' address constitutes a hardship in keeping the 50 ’ street vard setback minimum. d. The configuration of the home would make a conforming addition inappropriate in the context of the site. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property 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 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 Flair 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 78*420(b) to allow a 10' x 28' addition to the north side of the home which encroaches 8.5 ’ into the side yard setback and 33.5’ into the street setback subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. Page 2 of 5 2. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (September 22,2004). 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, tmderstood 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 the ?2"‘*day of September 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson. Mayor Property OwTier(s) iPage 3 of wmmmm ifilfolllni rr* I( 1 i re me on this _ day of ity of Orono, a Minnesota rhalf of the Citv. EXHIBIT C CERTIFICATE OF SURVEY FOR KENT LARSON 3F LOTS 4, 5, 20. & 21. BLOCK 13. MINNTONKA BLUFFS HENNEPIN COUNTY. MINNESOTA S88*43* 00"E 127.85 “IS r ■ 1 1 !• 1 7s«p^b <: * kom *>« • M • f• -»ir *Si ^EXBTNC “ HOUSE ^ M____________..... IM 1 % % 1 «» 1 UMum w 0% ♦ • 0 « 1 S•!i S• •• N88*43‘ 00"W '•0 Bwwvn Block 13. MNNETONKA BLUTfS iscd upon on ottumed datum. show iht boundofits of the above described (ting house. 9oro9e. ond deck, ond the propossi locct'cn Iteron. It does not purport to show ony other improvt.-nenls CITY OF 2750 Kell POBoxS Crystal B 952J49.4 •GD >:d fO ms m H > mMo < o•m 8 zc•• 4•m li 1-2938 MISSION ACTION nnber16,2003 I’ X 28' addition to the .4’ where 30’ is back exists and SO’ is 7:00 pm ninutes, they are l^lanning Commission. i.249.4627. Dale AppUcalion Received: 08>06-03 Date Application Considered as Complete: 08> 60>Day Review Period Expires: 10*2^03 To: From: Date: Chair Smith and Planning Ron Moorse, City Admini Melanie Foth, City Planne September 9,2003 Subject: 03-2938, Kent & Sandra L - Variance - public hearing Zoning District: Lot Area: RR-IB, Single Fai 0.584 acre (25.432 Application Summary: Applicants requt to construct a 10' x 28' addition to the nc addition would not encroach further into however would make a conforming side Staff Recommendation: Planning Depai 1. Approval of the street setback var 2. Denial of the side yard setback va Hardship: Staff finds that a hardship exi yard due to platted right of way which sp find a hardship to support the side yard e conforming setback non-conforming. Pertinent Zoning Ordinance Sections 10.28.5(B) Yard Requirement: Minimi rear yard street setback is required. List of Exhibits A. Application B. Hardship Statement & Photos from tl C. Existing & Proposed Survey/Site Plai D. Proposed Plans and Elevations E. Property Owners List F. Plat Map Background The property is split down the middle by necessity for a rear yard setback in the ce right-of-way approximately 20' north of WBil injii rp mire ' ^«K«.rrtva-n> « FILE# 03-2938 September 10.2003 Page 1 of 5 FILE# 03-2938 September 10,2003 Page 2 of 5 to the south). The alley has historically served only the 540 and 500 Orono Orchard Road properties; however a recent home addition and garage reorientation at the 500 address has changed the use of the alley. In summary the alley now serves 540 Orono Orchard Road exclusively. Road acres ack variances in order ae. The proposed of the existing home, le following: <ielhack to the rear wevcr staff does not a currently L and minimum of 50’ which results in the ice exists on the alley 540 and 550 (property LOT ANALYSIS WORSHEET Lot .Area/Width; RR-IB Lot Area Lot Width Required 87,120 s.f. (2 acre)200’ Actual 25,432 s.f. (0.584 acre)100’ Setbacks: RR-IB ; Required Existing Proposed Front j 50'76.5 ’76.5 ’ No Change Rear (Alley) i 50’16.5’16.5’No Change North Side i 30 ’31.4 ’21.5’ South Side | 30 ’30.3 ’30.3 ’No Change Structural Coveraite: Total Lot Area Total Structural Coverage 25432 s.f. (0.584 acre)Allowed: 3814.8 s.f. (15%) Proposed: 2176.3 s.f. (8.5%) Side Yard Setback Variance The applicants are requesting a variance to encroach 8.5’ into the side yard setback, resulting in a 21.5’ setback where a 30'setback is normally required. The existing home currently meets the side yard setback requirement. Rear Yard Setback Variance The existing home cunently encroaches 33.5 ’ into the rear yard setback resulting in a 16.5* setback where 50* is required. Hardship Statement FILE# 03-2938 September 10,2003 Page 2 of 5 00 Orono Orchard Road Ion at the SOO address :s 540 Orono Orchard FILE# 03-2938 Septembtr 10.2003 Page 3 of 5 Applicant has provided a hardship statement in Exhibit B, and should be asked for additional testimony regarding the application. Width Proposed 76.5 ’ No Change 16.5 ’ No Change 21.5 ’ 30.3 ’ No Change .overage f. (15%) ■f. (8.5%) i side yard setback, red. The existing home letback resulting in a /« considering appiicationsfor variance, Ike Pianning Conanission shaii consider the effect of the proposed variance upon the heaith, safety and welfare of the conununliy, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on vaiues of property In the surrounding area. The Planning Commission shall consider recommending approvai for variances from the literal provisions of the Zoning Code In Instances where their strict enforcement would cause undue hardship because of circumstances unigue 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 a hardship exists to allow an encroachment into the rear yard setback due to the location of the existing residence and the alley which splits the property in 2 parts thus making the current rear yard setback for the home non-conforming. However, staff does not find that any hardship exists to allow the 9.5 ’ encroachment into the side yard setback. The house is currently at 31 .4 ’ meeting the 30 ’ setback. The proposed addition would encroach 10 ’ into the currently conforming side yard setback. There is ample area on the west side of the home to add 282 s.f of additional liv ing space. 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.” In the opinion of staff this criterion is not 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." The neighborhood consists of lots 1-acre or less yet is located in a 2-acre district. 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." Not applicable. 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." Not applicable. 6. “The Board of Appeals and Adjustments or the Council may not permit as a rinWTFYil ^iiM^'{i]iV3iRTiriikirii«fi\^ mmumi i;riFr?fE FILE# 03-2938 September 10. 2003 Page 4 of 5 ipler for property in the zone temporary use of a rnnwi:UJiTMUVMWrm TikWtWi and in question are peculiar ay runs the length of the issues regarding the rear this instance is primarily to apply a rear yard setback mim or structures in the district in ay runs the length of the issues regarding the rear this instance is primarily to apply a rear yard setback preservation and enjoyment WmIRj ny way impair health, sa’ety, to the intent of the Zoning lUhTiVi as a convenience to the hardship or difllculty.' Trairniiiri Frr»Tiiiwsi rttinit evvay serving only the from the requirement of exists to Justify making a ication? tt.iImtjitif iinii FILE# 03-2938 September 10.2003 Page 4 of 5 property in the zone ry use of a Liestion are peculiar 'he length of the egarding the rear ince is primarily • a rear yard setback lures in the district in the length of the egarding the rear mce is primarily > a rear yard setback ition and enjoyment mpair health, safety, tent of the Zoning nvcnience to the p or difficulty." rv ing only the c requirement of > justify making a r EXHIBIT B SANDRA S. LARSON S40 ORONO ORCHARD ROAD The existing house was constructed prior to the adoption of the zoning ordinance. We are proposing to enclose the existing walk way/ front entry with a 10 by 28.2ft addition. l>?re b no other reasonable way to add thb front entry without encroaching on the current street and side 3ratd set back regulations. The entire house is located within the SO ft setback regulation from the alley. With the 282 s.f. addition the entire house is still well below any structural coverage requirements for the entire property. Total lot area 23,668 s.f.~ Current struchiral coverage 1,895.5 s.f. (7.3%)—Proposed structural coverage 2177.5s.f r8.S%) * r ‘.t EXHIBIT B SANDRA AND KENT LARSON 540 ORONO ORCHARD RD. APPLICATION 0 03-2938 HARDSHIP STATEMENT The purpose of the proposed enclosure is to add both laundry room and bath to the first floor. This would ease several physical concerns of stair climbingfsignificant medical data if necessary) In evaluating the easement restrictions we discussed several alternatives to adding an addition to the West side of the house tvith two architectural firms. All involved found the following issues of great concern. 1. Loss of two and possibly three sixty to ei^ty year old pine trees that are critical to both the property and Orono. Exhibit 1 2. Due to the screen porch a west side addition would give us 60 sq.ft. Less space-a critical loss. Exhibit 2. 3.Entiy path to a front door on West side would be 80ft compared to ISft (direcdy across from garage)with North enclosure. Upkeep and snow removal is a major issue. 4.Total costs are considerably greater due to: porch removal and then add back plus tree removal. All access to house is from the driveway on the east side Exhibit 3. The proposed enclosure to our current front door on the North side removes no trees and merely extends the roof line 10 ft over an existing walkway. Exhibit 4. We purchased the house seven years ago and as your records and photos indicate we have significant improvements to this cottage. Exhibit S. This is our home and we are not in the business of “ fixing up and selling*' old bouses. We feel that with the proposed enclosure we can live out our lives here and Orono wilt not have another tear down but a restored cottage that adds great charm and value to the community. 1 A UmJUh J i 1 pL ■ ♦ • ■* I ■fc' ^ <tTr sv: \ V ^ • »« »ia:i ,*i4»‘''^ . '..f tvS '^m k K. >**<-3,^ ? 4 i r Wi mtm k * • •• * ' > % r *■ #♦ — ■* • *. "i_- • ^ -f k V-!* 'V '■ .-' '?-v V.^#• % » V T i> H >i'■ '"'^4 % 5^. - ' V t. - >-Tj '^*1 nvn s. ’ \ ^-‘f ^ v;- -V' •' - ■' » - • *.# • t • 1 1 1 1 L") 1 1# » 1 I 1 1 1 ■ i • 1 ■ i 1 : S S 1 ^ A A A .%f> 1 A ^ HM A A A A A ^ Li- 11^ 1 % e ALLEY 0“^ QD § Ldh— O 0 1 1 Lu* ft [“ O 2 127.85O lO X 1%. v> *> V# S88*43* 00**E 127.85 • : EXSTNC ! g CARAtX , i *'v. 4 < • •3 N88*43* 00**W 12834 »3 K) to ’I .1# mat # .• • -2 5 5 I • I l> o •.V I *.n• • • o , • •4 %.• i.n uT- l’> •jI- »/• <“1 Vi !• •r ■ariu rTTJL, r»*ijiwcLiitj sss nr HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 0211733310006 IP AODR 550 OKONO ORCHARD RD S NERNAME PAULETTE PICKARD STUURMANS :PAYER PAULETTE PICKARD STUURMANS pIE/ADDR SSOORONOORCIIARDRDS WAYZATAMN SS39I 38 O2II7233I0OII P ADDR 570 ORONO ORCHARD RD S MER NAME ROGER J HAWKINSON PAYER ROGER J HAWKINSON H-/ADDK S70 ORONO ORCHA k.) RD S WAY/ATAMN 55391 38 0211723310023 PADDR 540 BARRETT AYE lERNAME RTJAFFRAY&VHJAFFRAY PAYER R T * V H JAFFRAY lE/AODR 540 BARRETT AVE WAYZATAMN 55391 38 02II7233I005I »AI)I)K 500 HANLON AVE lERNAME PAAMMBENNE1T PAYI.R PAUL A A MEGAN M IIENNETI' IE7ADDK 500 HAN1X)N AVE WAYZATAMN 55391 I CERTIFY THATTHE FACTS REPRESEPiTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OFTHE HENNEPIN CaiNTY TAXPAYER SERVICES DEPARTMENT. TO THE BEST OF MY KNOWLEDGE AND BEUEF. _ , /7 date Z-j^-^^ by H9.4S (51) 1 S m / f 2 (14)s \\ 3 s 4 s 5 '• (15)1 Si 1 6 8 • %7 8 •e (16)8 9 (17)8 %• > 1 %10 8 % t • 11 (18)8 1 12 129 25 8 r«T«i X11 • KHMll 1} nilTTiT^ 9HmmmEl^^H IKBwMmmmmm Miniw : KliJ iTil ■ fra winnmi RliniVMi :«ir«mra ^TTfiT .rxirnii II iiHirinrrr ijiiiiiT-iinR mr wmira TOFTYT rtiKTomfra fy r b. Due to limited space on the parcel where the home is situated and in order to ser\c the property with private sewer the drainfield must be located on the inland property. 4.The City Council has considere<* this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed conditional use permit on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Orono .Municipal Zoning Code Section 78-567 to allow construction of a private sewer line through platted public right-of-way. subject to the following conditions: 1.Council approval is based on the plan submitted by the applicant and annotated by City stafl'. attached to this Resolution as E.xhibits A and B. Any amendments to the plan which are not in conformity with City codes will require further Planning Commission and Citv Council review. 2. 1 he applicant acknow ledges that placement of septic sys’em connection pipr s within the right-of-way is at their own risk. The system should be constructed so as to minimize the possibility of damage by vehicular traffic on the right-of-w ay. 3. Applicant shall, prior to placement of impiovements within the right-of-way. e.xecute a hold harmless agreement which releases, indemnifies and holds harmless the City and the public from any and all claims or causes of action arising out of the use or alteration of the platted right-of-w?y by applicant or their invitees. 4. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be e.xercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the conditional use permit will expire on that date (September 22,2004). Page 2 of 4 mmm 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 temiinate any authority granted herein, and shall be puni.shable as a misdemeanor. 6. The undersigned applicant ha.s read, understood and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant's heirs, successors and a.ssigns. hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 22*” day of September, 2003. AfTEST: Linda S. Vee. Citv Clerk Barbara A. Peterson. Mavor Property Owner! s) S'l ATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ da\ of , 2003 by Barbara A. Peterson. Ma>or of the City of Orono. a Minnesota municipal corporation and said instrument w as e.xecuted on behalf of the City. Nolar\ Public Page 3 of 4 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 State of Minnesota ) )ss. Count) tsi'vie?;r;. pin ) This instrument ^^as acknowledged before me this__day of____ by ______________, husband of_____________. husband and w ife. 2003 NotaiA' Public Slate of Minnesota ) )ss. County c f I lennepin ) by This instrument was acknow ledged before me this__day of _ , wife of . husband and wife. ,2003 Notar> Public Page 4 of 4 RIBAR 0 34 Lott of true corr^er N 66 t-->ao 0-- V 1 IJ-S?o» - < 1 o 1 z ' 0i rouNO clisting RCBAR Set 9235 copped 1/2” eon plot d'Stcnce nC of eon to Sw ond on lir»e for four^d eon to HI Found 5/S’ eon 0 38 N£ of Ime ound 1/2* fron 013 of \ N round 3/4* iron u) wO •! Jf -Tf JCB r 5 EXHIBIT B ■\.f X SqnONK. < > X X «0 NJ vO s L.... j i CITY OF ORONO 2750 Kelley Parkway POB0X66 Ciyxtal Bay\ MN 55323 952.249.4000 ZONING FILE 03-2939 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: September 16.2003 TO: Peter & Maxine Thorkelson 7600 Golden Valley Rd #209 Golden Valley, MN 55427 PROPERTY: 440 Big Island COPIES: TYPE OF REQl'EST: Conditional use permit to run a private sewer line through platted public right-of-way DATE OF MEETING: September 15,2003 Plaaning Commission recommended as follows: Approval of the proposal as submitted w ith the follow ing conditions: 1. The applicant acknow ledges that placement of septic system connection pipes within the right-of-way is at their own risk. The system should be constructed so as to minimize the possibility of damage by vehicular traffic on the right-of-way. 2. Applicant shall, prior to placement of improvements wiihin the right-of-way, execute a hold harmless agreement which releases, indemnifies and holds harmless the City and the public from any and all claims or causes of action arising out of the use or alteration of the platted right-of-w ay by applicant or their invitees. VOTE:7 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as: City Council - Monday. September 22,2003; Meeting starts at 7;00 pm If you desire certified copies of the otTicial Planning Commission minutes, they arc 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. •03-2939 September 11,2003 Page 1 of 2 Date Application Received: 08-12-03 Dale Application Considered as Complete: 08-284)3 60-Dav Review Period F.tpires: 10-28-03 To: From: Date: Chair Smith and Planning Commission Members Ron Moorse. City Administrator Melanie Foth. City Planner CONSENT AGENDA September 9.2003 Subject: #03-2939, Pete & Maxine Thorkelson, 440 Big Island -CUP - public hearing Zoning District: Lot Area: RS, Seasonal Recreation District, 5 Acre 1.024 acres (44,612 s.f.) Application Summary: Applicant requests a conditional use permit to allow septic system improvements in street right of way. An> work within the public right-of-way requires a conditional use permit._______________________________________ Staff Recommendation: Staff recommendation; Planning Department Staff recommends approval of the requested conditional use permit provided the following conditions arc met: 1. The applicant acknou ledges that placement of septic system connection pipes within the right-of-way is at their own risk. The system should be constructed so as to minimize the pv^ssibility of damage by vehicular traffic on the right-of-way. 2. Applicant shall, prior to placement of improvements within the right-of-way, execute a hold hamiless agreement which releases, indemnifies and holds harmless the City and the public from an> and all claims or causes of action arising out of the use or alteration of the platted right-of-w ay by applicant or their _____invitees._______________________________________________________ Pertinent Zoning Ordinance Sections ^ 10.31.5(D) Encroachments Prohibited No private property, buildings, structures, fences, boats, vehicles, dock parts, junk or debris shall be build, stored, parked or kept at any time within any platted right-of-way...e.\cept as specifically authorized by a permit issued under this Subdivision. ^ 10.31.5(E) Permit Exceptions: Persons whose record lot established by Subdivision 6 consists of tax parcels div ided by platted, unopened public right-of- way may incorporate and use such right-of-way as part of their yard w ithout a permit, provided no permanent structures are erected or maintained within the right-of-way. ^ 10.31.5(G) Permit Limitations: A permit issued under this Subdivision shall not grant or vest any property rights to use of the public right-of-way or other public property, or in any improvements made thereto. V’ 10.31.5(H) Hold Harmless: As a condition of issuance of any permit, the f03-2939 S«|>Mmb*r 11,2003 Pag* 2 of 2 applicant shall in writing release, indemnify and hold harmless the City from any and ail claims or causes of action arising out of the use or alteration of the platted right-of-way by applicant or his invitees. ^ 10.31.5(1) Permit Hearing A Notice: The Planning Commission or the Council shall hold a public hearing or hearings on each application for a permit. Lut of Eihibits A. Application B. Existing & Proposed Survey/Site C. Septic System Plan D. Property Owners List E. Plat Map Background The property is located on Big Island and zoned Seasonal Recreation District (RS) with a minimum lot size of 5 acres. The lot is a legal lot of record and is a combination of two non-contiguous parcels totaling 1 .024 acres. The applicant, in updating the private septic system, was notified by City staff that a conditional use permit would be required in order to run a private sewer line teneath the platted public right-of-way for the purpose of connecting the drain field (located on the interior parcel) to the lakeshore parcel where the home is located. Conditional Use Permit Analysis City zoning code requires a conditional use pemiit for installation of private sewer lines within the public right-of-way per Section 10.31 Subdivision 5. Issues for Consideration 1 . Are there any other issues or concerns with this application? Staff Recommendation Planning Department Staff recommend approval of the requested conditional use permit contingent on the following: 1 . The applicant acknowledges that placement of septic system connection pipes within the right-of-way is at their own risk. The system should be constructed so os to minimize the possibility of damage by vehicular traffic on the right-of-way. 2. Applicant shall, prior to placement of improvements within the right-of-w ay, execute a hold harmless agreement which releases, indemnifies and holds harmless the City and the public from any and all claims or causes of action arising out of the use or alteration of the platted right-of-way by applicant or their invitees. I J laMB* 1 v t CITYof <HIONO Muiiklpal Oflkcs i /-StrattlMms: 2750 Keltty Parkway Orono, MN 55350 Mattlag MAf ts: P.O. Box 60 CrysUI Bay. MN 55323 0066 Pete Thorkelson P.O. Box 242 Excelsior MN 55331 May22,2003 Dear Mr. Thorkelson: I am sending you the application you need to get approval to cross the public right-of-way. You «^LJSJet a Residential Accessory Use Conditional Use Permit (CUP). The fee for this is $250M)and must be taken to Planning Commission and City Council. Please get this abiJncation in to us by June 18,2003 to get on the July 21,2003 Planning Commission Meeting. If you have any questions please give me a call at 952-249-4600. As for suggestions for piping everyone thought if you put it in deep that you should not have any problems with PVC pipe. 1 have seem people put a 2 inch PVC pipe inside a 4 inch PVC in order to give it some added protection. Sincerely,/a..tjLXV—■ Matt Bolterman Septic Manager 4 /• IkMooe (t52) 249-4400 • Fa> (9S2) 249-4414 • . exhibit a ApplicatioD # Date Received Amount Paid ^ CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION^ ^ . Site Address a. d Tvoe of Application to be^l^iled Property Identification Number (P.I.D.) APPLICAN iffliKXine^horkcLjo/i Phone SSI Address hUO City Or^t\Ci_______ Zip \SIS\?Z3 O^^TVER (if different than applicant) Name ____________ Phone (home). Phone (work)_ Address City Zip. D^iCLProperty AcquiredDjieF (do not) also own the adjacent parcels of land. ^^CCCi S ^ (month/year) FEES - CONDITIONAL USE PERMITS - _____S 75.00 For each variance request with CUP application X S250.00 Residential Accessory Use _____S250.00 Institutional (church, school, etc.) _____S250.00 Guest House/Guest Apartments _____S250.00 Duplex Credit/Bldg _____$325.00 Commercial/Industrial Use _____$250.00 Land Alteration ____ Grading and filling - designated wetland or floodplain ____ Grading and filling - 501 cu. yd. or more Grading, seawall, retaining walls within 75’ of lakeshore PRD.^ID - see Fee Schedule $150.00 Renewal Fee (no change from original application) After-thc-Fact Fee - Double Current Application Fee OTHER APPLICATIONS _____$275.00 Commercial Site Plan Review (+ consultant fees) _____$300.00 Vacation _____$250.00 Easement Vacation _____$100.00 Easement Vacation With Subdivision _____$350.00 Rezoning (PUD - refer to fee schedule) _____$375.00 Comprehensive Plan Amendment _____$100.00 Appeals „ Other - see Fee Schedule 1 r 2. required submittals !• Completed Application Form. _____. . 4. V Describe request in detail. ----PV"v!? and plat map (you “ot« cl«» “'P"™'"' of 5. 6. 7. --------y WMIVI IIIO^ 4J ^ - A-603, Government Center, 348-3271) ' ’ ^ hfo™”!'’' ‘ ■ «f« <0 O-dou. for survey \L. Attach legal description to application if not included on required survey - StelevariS: ““ 8. 9. ^ *.n ingc5 in elevation (grades). — ----- V— List of the legal names (include marital status) of all nersons uith an • .u y property. This would include name(s) of applicant(s) if not current owner(s) * Constructmn plan, if applicable (see staff for requirements). ^ As an addendiOT to this application, please attach a separate list of anv other persons you wish notified of this application. ^ fuZlT" ^ -0 ZTT. The Applicant and Property Owner must sign this application Pleace rpm*f«K« *u » appheanon ts not complete if the above infomStion has L been includS ---------—_______________Date APPLICANT'S SIGNATURE ■^e applicant hereby agrees to provide all infotmation required or requested bv the 7oni„. Admmistrator, agrees to pav additional fetter #• . . oy the Zomng and/or unusual expenses incLed in review o/this anXaho payment) supplied is true and cot^to the besTThilr ““ ‘““'> /X n Syjc^ jt^Applicant's signature Date !l -D. OWNER'S SIG.NATURE Jnt™ I’hTpreptTat^Tta^^^^^^^^^ reasonable members for purposes of investigation and veriBcati’on of ftis'J^e«.'°" Council Owner's signature^^£UAil -iS Applicant must have all submittals into the Citv ^ m Planning Conanission Meetings are held on the third Monday of I *e Planning Commusion Meetiiig. scheduled review n:eetings of the Plannmg “ •“ scheduled meeting, please make arrangements to^ an autho^^d “,**^** “» »««««* * Building 4 Zoning Office of this change pnor to the meedqg. ^ *“ ^ # 2 ^r% -T.; d mmamm ^■-V;:;^;::\^V.;--:'r ...;;;k .[: ■'r.y::"i *4. r.'~: ■; k.: ; •; . /.. .; Vif • •...:.k rcaaiam!' CP tCPS U sitoRiit^tl ON Apiiu ;;iM »099 lAKi IlfVAliON 9?9 06 i rcxiNO existing REBAR S«t 9235 capped 1/2* won plot d'Slonct nE Ol tfon to SW ond on Un« for found •'on to NE Ound 1/2* iron 0 13 NC of itfit H round 3/4* ifdh FOUND EXISTING REBAR S«t 9235 copped 1/2 Iron plot dlstonce NE o! kron to ond on lirte for found Iron to NE. 23.72 O 35 ITT------ f IJ_ 32,143 SO. FT. r BUILDING 22 FT. 9235 cop •er plot found to 33 feel S 5/8 ” oNorth. -1 O Sel 1/2" iron. 9235 cop on line 3-3 feel NE of SE line Mossosoll Ave., established os described hereon ond on line 33 feet East of line between found irons on West line Mossosolt Ave. Found 1/2** iron, 1.04 / \ NE of true corner, set v y J 9235 capped 1/2" iron 33 feet NE of SW line of Mossosolt Ave. established os described hereon and ^ 45 feet per plot NW of found 1/2" iron. y i 5: nO' r V Vo / / X X > Found 5/8" Iron 0 38 NE of line lU^fpl^ Sel 9235 capped 1/2 iron plot distance NE of iron to SW and on line for found iron to NE. •Found 1/2** Iron 0.13 NE of line O'. X X X tr 3. /X Found 3/4" iron ADVANCi 3300 Hi^mny 101 Aug;ust 11,2003 Mr. Peter Thoriu RE: Crossing ol Dear Pete; We have attache on your Big Isia and the styrofoa for you in 1999 for you. *rhe E This is to ceitiQ licensed Profissi Sincerely, advance SU JamsH.Pafke exhibit c ADVANCE SURVEYING & ENGINEERING CO. 3300 HifUwty 101 Mtawtoiiki, MN 55345 Phone (952) 474 7964 F« (952)4741267 August 11,2003 Mr. Peter Tbofkelson RE: Crossing ofstieet with sewer line on Big Isli Dear Pete: We have a Detail “A” specifying how to protect your proposed c^ing of tte roadway on your Big Island property. The ductile iron pipe will protect Ac sewer line fiom being crushed and the styrofoam insulation wUl protect it from fieezing. We had done asurv^ of the property for you in 1999 and Eco Systems Engineering has designed an on site sewage treatment system for you. The Eco Systems Engineering drawing shows (he location of the mposed crossuig. This is to certify that Ais plan was prqrared by me or under my direct si^iervision and that I am a licensed Profesaonal under the laws of Ae State of Mirmesota. Sincerely, 1 'O / ; .* / DETAIL 99 . 99 ROADWAY SURFACE 3 INCHES OF RIDGID STYROFOAM INSULATION BOARD 6 INCH DUCTILE IRON PIPE 2.0* 2.0’ COMPACTEDna 4 INCH P.V.C. GRAVITY SEWER LINE •% f — RUN DATE :8/lV2(D3 39 2311723320059 PROP ADOR 290 DIG ISl^ND OWNER NAME WAG FINK TAXPAYER WILUAM A GLORIA FINK NAM17ADDR 6512 VALLEYVIEW RD HAMEL MN 55340 38 2311723320063 PROP ADOR 420 BIG ISLAND OWNER NAME M B FRUEN R R H FRUEN TAXPAYER GREGORY D OCONNOR NAME/ADDR 1549 LIVINGSTON AVE8I07 WEST ST PAUL MN 55118 38 2311723320070 PROP ADDR 450 BIG ISLAND OWNER NAME GABRIEL E MBBOUR TAXPAYER W OF MINNETONKA INC NjM^E/ADDR 21 UNIVERSITY AVE N E MPLSMN 55413 o fc flQ i HENNEPIN COUNTY PROPERTY INFORMATION SYST I-M PROi^EKTY OWNERS LIST 38 2311723320060 PROP ADDR 360 DIG ISl^ND OWNER NAME T P EGAN & C A EGAN TAXPAYER THOMAS P EOANA'IIEKYL A EGAN NAME/ADDR 1408IIOLDRIDGE HR WAYZATAMN 55391 PROPADDR OWNER NAME TAXPA>ER NAME/ADDR 38 2311723320061 320 DIG ISLAND BARBARA DOORMAN TRUSTEE JOHNS DEAN 837 N63RDST WAUWATOSA W1 53213 38 2311723320065 PROP ADDR 410 BIG ISLAND OWNER NAME RICHARD W FRUEN ET AL TAXPAYER GREGORY D OrONNOR NAME/ADDR 1549 UVINGSTON AVE STE 107 SAINT PAUL MN 55118 38 2311723320067 PROP ADDR 430 BIG ISLAND OWNER NAME ELIZABETH ANN BRENNAN TAXPAYER TIMOTHY C LOVETT NAME/ADDR 12400 MARION LN W 83306 MINNETONKA MN 55305 38 2311723320071 PROP ADDR 440 BIG ISLAND OWNER NAME PETER A TIIORKELSON TAXPAYER PETER A TIIORKELSON NAME/ADDR CA3 MAXINE B THORKEUSON 7600 GOLDEN VAU.EY RD 8209 GOLDEN VALLEY MN 55427 38 2311723320072 PROP Al )DR 470 BIG ISLAND OWNER NAME CHRISTOPHER JOHNSON BOLUS TAXPAYER CHRISTOPHER JOHNSON BOLUS NAME/ADDR 220 STUBBS BAY RD ORONOMN 55356 I CERTIFY THATTHE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OFTHE HENNEPIN COUNTY TAXPAYER SERVICES DEPARTMENT, TO THE BES F OF MY KNOWLEDGE AND BEUEF. DATE UY ■; < -,r Jgm * * * ii I iitiiiii'iir idtlH PAGE ; 2 Q 0-. i A ^ ( ■ ^ i •"// () i-}' 3 w KUNl)All::l/a/2ttU 38 2211723410002 PROP ADDR 470 BIG ISLAND OWNER NAME CHRISTOPIIER JOHNSON DOLUS TAXPAYER CHRISTOPHER JOHNSON IK)UJS NAMI7ADOK 220 STUIIIIS HAY KD OKONOMN 553511 38 2311723320002 PROP AOOR 460 BIO ISLAND OWNER NAME L FARNES TAXPAYER NANCY L FARNES NAME/ADDR li^GATE DR Minn I lONKAMN 55305 38 2311723320012 PROP AOOR 460 BIG ISLAND OWNER NAME NANCY L FARNES TAXPAYER NANCY L FARNES NAMlf/ADDR 27101OXGATE DR MINNETONKA MN 55305 38 2311723320039 PROP ADDR 350 DIG ISLAND OWNER NAME G W CRASWELL A C D CRASWELL TAXPAYER GARY W A CYNTHIA D CRASWELL NAME/ADDR 3451 CALLE QUATRO W GREEN VALLEY AZ 85614 38 2311723320047 PROP ADDR 310 BlGlSij%ND OWNER NAME NANCY LEE FARNES TAXPAYER NANCY LEE FARNES NAME/ADDR 2710 FOXGATE DR MINNETONKA MN 5530S 38 2311723320055 PROP ADDR 400 DIG ISLAND OWNER NAME NANCY L ORANRUD ETAL TAXPAYER ROBERT E GRANRUD NAME/ADDR * COLVIN AVE ST PAUL MN 55116 IIENNtnN COUNTY I’ROIM-RTY INFORMATION SYSTFM I'ROI'liRTYOWNtRS LIST i’AGC: I 38 22II7234I0OU3 PROP ADDR 460 UIG ISLAND OWNER NAME NANCY L FARNES TAXPAYER NANCY L FARNES NAMIVADDK 27101OXGATl; DR MINNI- lONKA MN 33305 38 2311723320010 PROP ADDR 460 BIG ISLAND OWNER NAME NANCY L FARNES TAXPAYER NANCY L FARNES NAME/ADDR 2710 FOXGATE DR MINNIilONKAMN 33303 38 2311723320023 PROP ADDR 280 BIO ISI AND OWNER NAME RICIIARO W PARSONS TAXPAYER RICHARD W PARSONS NAMli/AODR 4424 82ND ST W IU.UOMINOTON MN 33437 38 2311723320044 PROP ADDR 38 ADDRESS UNASSIGNEO OWNER NAME CHRISTINA BRW4TJEN TAXPAYER CHRISTINA HRUNTJEN NAME/ADDR 16631 FIVE HAWKS AVE »I03 PRIOR LAKE MN 33372 38 2311723320048 PROP ADDR 310 BKj ISLAND OWNER NAME NANCY LEE I ARNES TAXPAYER NANCY LEE FARNES NAME/ADDR 2710 FOXGATE DR MINNETONKA MN 33303 38 2311723320037 PROP ADDR 390 BIG ISLAND OWNER NAME ROBERT W BAILEY ETAL TAXPAYER SUSAN BAILEY NAME/ADDR 2700 HILLDALE AVE NE ST ANTHONY MN S34I8 PROP ADDR OWNER NAME TAXPA3 I R NAMI7ADDR 38 23II723320U0I 38 ADDRESf. ASSKiNED HAROLD E FARNES NANCY L FARNES 27IOIOX(iATl:i>R MINNI. LONKA MN 55305 38 2311723320011 PROP ADDR 460 BIG ISLAND OWNER NAME NANCY L FARNES TAXPAYER NANCY L FARNES NAME/ADDR 2710 FOXGATE DR MINNinONKAMN 55303 38 2311723320037 PROP AIM3R 370 BIG ISLAND OWNER NAME GWENDOLYN S LARSON ETAL TAXPAYER GWENDOLYN S LARSON NAME/ADDR 11431 CHtSHOIM CIR N E UNI T U BLAINE MN 55449 CO CO 38 2311723320046 PROP ADDR 310 BIG ISLAND OWNER NAME NANCY LEE FARNES TAXPAYER NANCY LEE FARNES N/LME/AOOR 2710 FOXGATE DR MINNETONKA MN 35305 (.0 CO 38 2311723320049 PROP ADDR 310 BIG ISLAND OWNER NAME NANCY LEE FARNES TAXPAYER NANCY LEE FARNES NAME/ADDR 2710 FOXGATE OR MINNETONKA MN 55305 •tS. 38 2311723320058 PROP ADDR 310 BIG ISLAND OWNER NAME KATHERINE SCRIVER ETAL TAXPA Y ER JEANNETTE S BURCH NAME/ADDR BOX I CANNON FALLS MN 55009 r Henm*()in *.•Henn n C<Mnty ices iH^rtment iaSSl"' EXMpfITE..S%: *#• ^ ^ 0^ .Q>rce//rt^«on % V •I ID 231172332Cii>/1 •• Nimdw 440 _. lCT»t Nani«BIO ISLAND is not oloi^neoftMmtp. ihpi9Mnts • eomfiLnon ofMotmaUon eetf tfete from <^, County, end SMenMtfeutfiorfftee e^oMerMurcM. ; •> L„ Dale Application Received: 8* 19-03 Date Application Considered as Complete: 8-19-03 60-Day Review Period Expires: 10-19-03 SEP 2 2 2003 Cl I Y Ur UtiUl\(j REQUEST FOR COUNCIL ACTION Date: September 19,2003 Item No.: ^ 0 Department Approval: Name: Janice Waalaja)J)^ Administrator Approval:Agenda Section: Zoning Title: City Planner Item Description: »03-2940, Scot & Lissa Harvey, 1199 Elmwood Ave. - Variance - Resolution Zoning District: Lot Area: Lot Width: LR - 1B. One Family Lakeshore Residential District (1 acre minimum) 0.387 acres (16,877 s.f.) 100.5 feet List of Exhibits A - Resolution per Planning Commission Recommendation B - PC Action Notice 9-16-03 C - PC Memo and E.xhibits of 9-11-03 Application Summary: Applicant requests the following variances to reconstruct a deck on the lakeside of the home: 1. Hardcover variance for the 0-75* zone to allow 4.56% hardcover when 0% is normally allowed and 4.56% currently e.xists. 2. Hardcover variance for the 75-250* zone to allow 38.6% hardcover when 25®/b is normally allowed and 38.2®/o currently exists. 3. Lake setback variance to allow the south west corner of the deck to encroach 3* into the 75* setback. Staff Recommendation: Staff recommendations: 1 . Denial of the hardcover variance for the 0-75 ’ zone to allow 15 square feet of the deck to encroach into the 0-75* zone. 2. Approval of the hardcover variance for the 75-250* zone allowing 38.6% hardcover when 38.2®/b currently e.xists and 25®/o is normally allowed. This includes approval to allow the deck to increase in size in the north west comer by 33 square feet which consists of enclosing the comer where the stairway currently exists and moving the stairway to the front. 3. Denial of the lake setback variance to allow the south west comer of the deck to continue to encroach 3’ into the 75 ’ setback. ( 1 I i # Planning Commiuion Recommendation Approval subject to the new deck being of the same size as the existing deck and that it may be shifted to the north a few feet to accomplish a safer exit to the staircase. This approval consists of the following variance approvals: I. Approval of the hardcover variance for the 0-75 ’ zone to allow 1 5 square feet of deck to encroach into the 0-75 ’ zone. 2. Approval of a hardcover variance for the 75-250 ’ zone allow ing 38.2% hardcover when 25% is normally allowed and 38.2% currently exists. 3.Approval of a lake setback variance to allow the south west comer of the deck to encroach 3’ into the 75' setback. Staff Recommendation Approval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt the attached Resolution granting hardcover variances for the 0-75 ’ and 75-250 ’ zone and a lake setback variance for 1199 Elmwood Avenue. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-282 AND SECTION 78-1288 (B) FILE NO. 03-2940 WHEREAS, John Scot Harvey and Elisabeth Ann Harvey, husband and wife, (hereinafter “the applicants") are the owners of the propertv located at 1199 Elmwood Avenue within the City of Orono (hereinafter the “City”) and legally described as follows: Lots 12 and 13. Skarp& Lindquists Fernhill Lake Minnetonka. Hennepin County. Minnesota (hereinafter the "propertv"); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-282 and Section 78-1288 (b) to allow to reconstruction of an existing deteriorated deck located partially within the 0- 75’ lakeshore setback zone where no structure is normally allowed, and partially within the 75-250 ’ lakeshore setback zone contributing to excessive hardcover where only 25% hardcover is normally allowed. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #03-2940. 2.The property is located in the LR - B, One Family Lakeshore Residential District which requires a minimum lot area of 1 acre and where the actual lot area is 0.387 acres. 3.The Planning Commission reviewed this application at a public hearing held on September 15, 2003 and recommended approval of the hardcover and lake setback variances based on the following findings: Page 1 of 5 4. 5. a.The existing property currenil\ exceeds the allowable hardcover limits. Certain existing landscape areas lined with fabric or plastic can and should be made non-hardcover as a condition of variance approval. c. A deck currently exists partially within the 0-75 ’ zone and partially within the 75-250 ’ zone. This deck has deteriorated and needs to be replaced. d. The existing deck currently encroaches 3’ into the required 75 ’ lake setback. e. The replacement deck is proposed to be of the same size as the existing deck. 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 are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely alTect 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 alle\ iate a demonstrable hardship or difficulty; is necessary to preseiAe 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 78-282 and Section 78-1288 (b) to allow an existing deteriorated deck to be replaced, subject to the following conditions: Page 2 of 5 I. 3. 4. 5. 6. 7. 8 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 confomiity with City codes will require further Planning Commission and City Council review. The new deck shall be of the same size as the existing deck and may be shifted to the north a few feet to accomplish a safer exit to the stair case. Hardcover in the 0-75* zone shall not increase above the 4.56%. Hardcover in the 75-250* zone shall be limited to 3,558 s.f. or 38.2% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicant is advised that any future requests to increase hardco\ er or change the nature of existing'approved hardcover shall require City approval, and increases in hardcover will not likely be approved w ithout concurrent reduction in existing hardcover. The applicant is advised that the existing shed along the northern property line is non-conforming in location as it should be setback 10* from all property lines and other structures, and any future replacement of that shed w ill be required to be in a conforming location. 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. 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 (September 22. 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, 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 :o the recording of this resolution in the chain of title of the property. Page 3 of 5 Adopted by the Orono City Council on the 22"^ day of September, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of _, 2003 by Barbara A. Peterson, Ma>or of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notarx 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. Notarx Public Page 4 of5 x;- r faiSBsn 1 State of Minnesota ) )ss. County of Hennepin ) This instrument was acknowledged before me this __day of by Scot Harvey, husband of Lissa Harvey, husband and wife. ,2003 Notary Public State of Minnesota ) )ss. County of Hennepin ) This instrument was acknowledged before me this by Lissa Harvey, wife of Scot Harvey, husband and wife. day of ,2003 Notary Public Page 5 of 5 EXHIBIT A #2-940 IhcJuKiMl HOT memitjn OnKi «iTMi Sht¥in AS IS 1^ MMied I9^sf) CM A tMraist.ihi cuK rmy a^eyai^dt. Ur !L 4 13, ShCAfifl UNO UtJOQvLUTi Fckh H ilL f 1^9 ELnnwooC^ AU. 0/ZonJCf\ >7Ii*a/a-< ,5T3^- SM* ’» WCCO STAKE PiACED SEAfllNOS CN assumed OATL'M « DRAINAGE 0 = IRON MON. SET 3RGPOSEO INFORMATION _________1ST FLOOR ELE/. _________^BASEMENT ELEV. 000.0 > EXIST. ELEV. s iRCN MON. INPLACS _________^GARAGE FLOOR ELS'/. __________rcP SLCCX ELEV, ESP (COO.O) n PROPOSED ELEV. 000.0 • OOST. A PROP ELT/ I iMraey enfy aw OMs opreflcM of stNvay ww piRMfM by nw or ufiMr my oiract aupwvmon ano Uiat I «m a duty Rogntarad land Mr UirMim of tha df Minnaaaa. 14700 £03^ BOOK-PAGE ^7-73 _ SCALE / ”=30' CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE: 03-2940 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: September 16.2003 TO:Scot & Lissa Harvey 1199 Elmwood Avenue Mound, MN 55364 COPIES: TYPE OF APPLICATION:Hardcover Variance. Lake Setback Variance DATE OF MEETING: September 15.2003 Planning Commission recommended as follows: Approval to replace a deck of the exact size as the current, rotted deck which results in hvdeover in the 0-75 ’ and 75-250' zone over allowable limits and a lake setback variance stipulating the deck not get closer to the lake than its current configuration (72'). The applicants were also given the choice of shifting the deck if feasible. VOTE:FOR AGAINST Applicant's next scheduled meeting is confirmed as; City Council - Monday, September 22,2003; meeting starts at 7:00 p.m. It 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 Piaiuier Janice Waataja at 952-249-4623. ------------- «f03-2940 Sepftinbcr IS, 2003 Page 1 of6 Date Application Received: 8-19-03 Date Application Considered as Complete: 8-19-03 60-Day Review Period Expires: 10-19-03 To:Chair Smith and Planning Commission Members Ron Moorse, City Administrator From: Date: Subject: Janice Waataja, City Planner ^ September 11,2003 03-2940, Scot & Lissa Harvey, 1199 Elmwood Avenue • Hardcover Variance - Public Hearing Zoning District: Lot Area: Lot Width: LR - IB, One Family Lakeshore Residential District (1 acre min.) 0.387 acres (16,877 s.f.) 100.5 feet Application Summary: Applicant requests the following variances to reconstruct a deck on the lakeside of the home: 1 . Hardcover variance for the 0-75’ zone to allow 4.56% hardcover when 0% is normally allowed and 4.56% currently exists. 2. Hardcover variance for the 75-250’ zone to allow 38.6% hardcover when 25% is normally allowed and 38.2% currently e.xists. 3. Lake setback variance to allow the south w est comer of the deck to encroach 3’ into the 75 ’ setback. Staff Recommendation: Staff recommendations: 1 . Denial of the hardcover variance for the 0-75’ zone to allow 15 square feet of the deck to encroach into the 0-75’ zone. 2. Approval of the hardcover variance for the 75-250’ zone allowing 38.6*? o hardcover when 38.2% currently exists and 25% is normally allowed. This includes approval to allow the deck to increase in size in the north west comer by 33 square feet which consists of enclosing the comer where the stairway currently exists and moving the stairway to the front. 3. Denial of the lake setback variance to allow the south w est comer of the deck to continue to encroach 3’ into the 75* setback. Pertinent Zoning Ordinance Sections Section 10.22, Subdivision I: Lakeshore Set Back Regulations. Section 10.22, Subdivision 2: Lakeshore Hardcover and Land Alteration Regulations. Section 10.56, Subdivision 16 (L): Hardcover Limitations. 2. IT U.. w. . . September 1S« 2003 PAgelofO List of Exhibits A - Application B - Adjacent Property Owners’ Acknowledgement Form C - Haitlship Statement D - Existing & Proposed Survey E - Submitted Hardcover Calculations F - Aerial Photograph G - Removal Plan H - Photographs I - Property Owners List J - Plat Map Background The applicants have submitted plans to reconstruct a deck that is currently roned. However, the configuration of the proposed deck is slightly different than the deck that currently exists. Currently, the staircase for the deck extends towards the lake off the end of the deck. The applicant ’s have stated that this creates safety problems when exiting the house onto the deck. Therefore, the applicants are proposing to construct decking in this comer to fill in where the stairs cunently exist so there is more space on the deck when exiting the home. Further, the staircase would have to be relocated at the front of the deck facing south so as not to encroach into the 75* setback. This results in a 33 square foot increase in hardcover in the 75-250’ zone. LOT ANALYSIS WORSHEET Lot Area/Width; LR-IB Lot Area Lot Width Required 43,560 s.f (1 acre)140 ’ Actual 16,877 s.f (0.387 acres)100.5 ’ Setbacks: LR-IB Required Existing Proposed Front 35 ’n/a n/a Rear/Street 30 ’40 ’40 ’ Uft Side 10 ’26 ’26 ’ Right Side 10 ’13 ’13 ’ r M03-2940 S«pU«b«r IS, 2003 fageJofO Lakeshore 75’72’ (deck) 81 ’ (house) 72*(deck) 81* (house) Average Lakeshore n/a - only one adjacent house to north, ROW to south n/a n/a - deck will not obstruct neighbor to north views Structural Coverage; Total Lot Area 16,877 s.f. (0.387 acres) Total Structural Coverage Allowed: 2,532 s.f. (15%) Proposed: 2,398.5s.f (14%) Hardcover Calculations; Hardcover Zone Total Area in Zone Aliowed Hardcover Existing Hardcover Proposed Hai^cover 0-75 7,500 s.f 0s.f (0%) 342 s.f • (4.56%) 342 s.f (4.56%) 75 - 250 9,300 s.f ^ ^ m • m • 2,325 s.f (25%) 3,557.6 s.f • (38.2%) 3,590.6 s.f (38.6%) Hardcover Variances (0-75* zone & 75-250* zone) The applicant's property is currently over on hardcover in both the 0-75’ zone and the 75- 250* zone at 4.56% and 38.2% respectively. The applicants are requesting to replace an existing deck and make slight alterations which increase it’s square footage by 33 square feet. Also, the current deck and the proposed deck include 15 square feet in the 0-75’ zone (south west comer of deck). Lake Setback Variance The applicants are proposing the keep the 15 square feet of deck that encroaches in the 0- 75’ zone. This results in a lake setback variance because the deck is setback 72’ from the lake when 75* is required. Hardship Statement Applicant has provided a brief hardship statement in Exhibit D, and should be asked for additional testimony regarding the application. Hardship Analysis tn considering applications for variance, the Plattnlng Commission shall consider the effect the proposed variance upon the heabh, safety and weffare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the puUlc safety, and die effect on values of property In the surrounding area. The Planning Commission shaU consider recommending approval for variances from the Uterat provisions of the Zoning Code hi hutances where their strict enforcement would cause undue hardsh^ because of circnmttnnces unique to the Individual property under consideration, and shall recommend approval onty when It is demonstrated that such actions will be In keeping wUt the spirit and bilent of the Orono Zoning Code. J #03-2940 September 15,2003 Paft 4 of 0 Staff finds that there is not unique hardship which would allow^ the applicants to increase the deck’s size by 33 square feet, including the 3’ encroachment into the lake setback. However, staff feels there is an opportunity to eliminate the portion of the deck that is within the 0-75 ’ zone. Typically, deck replacements are allowed when non-conformities exist however they are only allowed to be replaced in the exact same manner as the rotted deck. Because the proposed deck is slightly larger than the current deck staff has reviewed the proposal in a different manner than a replacement. In this case, staff sees an opportunity for the existing non-conforming south west comer of the deck in the 0-75 ’ zone to be eliminated. The 15 square feet of deck could be attributed to the 33 square feet the applicants have proposed thus only increasing the decks overall size by 17 square feet. Although, hardcover amounts in the 75-250 ’ zone would remain at 38.6%, hardcover in the 0-75 ’ zone would be decreased to 4.36%. Staff also does not find a unique hardship to allow the 3’ encroachment into the lake setback to remain when a deck will be built larger than its current state. Staff feels that if this portion is removed, and the square footage be attributed to the applicant ’s proposed deck expansion (33 sq. a.), an additional 17 square feet of deck is a suitable trade in eliminating an existing non-conformity. Staff would make the following recommendations in regards to tlie 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 could not replace the existing deck without variances. 2.“The plight of the landowner is due to circumstances unique to his property not created by the landowner.” A hardship exists whereby the existing deck is in a non-conforming location and causing excess hardcover amounts. However, no hardship exists to allow an expansion of the deck while maintaining a conformity that could be eliminated 3.“The variance, if granted, will not alter the essential character of the localitv. A deck currently exists so the character of the locality will not change. 4.“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 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." \ 6. 7. 8 9. 10. II. 12. (W3-2940 September 15,2003 Page 5 of 0 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.” A deck is a permitted i4se in residential zoning districts. "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 applving to the structure or land in question are peculiar to such property or immediately adjoining property.” The special condition is that the deck exists in a non-conforming location "The conditions do not apply generally to other land or structures in the district in which said land is located.” Several existing decks are non-conforming and it has been City policy that they can be replaced if only in the exact same manner as they existed previously. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” The applicant's have a right to continue to enjoy their deck, however a variance must be granted to rebuild it because it has deteriorated. "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.” Allowing a deck to remain will not be detrimental in any way. "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 granting of a variance is necessary to alleviate the demonstrable hardship of the existing deck being non-conforming. Issues for Consideration 1. Should the non-conforming shed (See Exhibit G, last photograph) along the northern property line be addressed? Is there an alternative location? 2. Should the applicants be allowed to increase the size of their deck by 33 square feet? 3. Should the portion of the deck within the 75* lake setback be required to be eliminated? 4. Is it appropriate to allow the deck to increase in size by 17 square feet as a trade for eliminating a non-conformity? 5. Are there any other issues or concerns with this application? 1 ( MS-2M0 Scpttabtr 15.2003 fagtOcfO Staff Rccommciidation 1. Denial of the hardcover variance for the 0-7S* zone and denial of the lake setback variance to allow IS square feet of deck to be replaced TV from the lake. 2. Approval of the hardcover variance for the 7S-250 ’ zone to allow the deck to be replaced with an additional 33 square feet. •i EXHIBIT A Applicatloii # Date Received Amount Paid CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S2S0.00 (SSO.OO per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address______// 9j Property Identification Number (P.IJ).) dV ~'//‘7 - Attach legal description to application if not included on required survey. Date Property Acquired I (do) idon^ also own the ^jacent parcels of land. PresentTEeof property: v residential ___oth< Zoning District:_______________________ .(month^car) other (specify). APPLICANT Name NT , . ./ Address: //99 ^ Phone (horned 9<H -J/7^ ____ Phone (woric) City: Zip: 0\\*NER (if different than applicant) Name __________________ Phone (home). Phone (work)_ Address:City..Zip:. DESCRIPTION OF REQUEST ^Estimated Construction Cost S Describe request in detail:. /^/r^ y'S (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area _ X Setback: ___Lot Width Front Side X Hardcover Rear Lot Coverage Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusiml property conditions oreventing compliance with Zoning Code requirements: • N\ (atta^additional sheets if neces __________J required submittals ■d8tt iq ord#r 1. 2. 3. 4. 5. 6. 7. 8. Completed Application Fonn obWn calculations as required. In addition “** *™l«>ver . rcproductioa.^ * •'" *>r - chfelcs in existing grade Sketches or plans of flrrere«,irv& ‘<C * "" _ List of the legal names (include marital static .mV” ‘T * "”>• property. This would include name(s) of amLtLr 1^^°“ ---- As an addendum to this application, nl^ao »c^t(s) if not cunrent ow er(s). ^ you wish notified of this application*^ * separate list of any other persons i/ Additional items as may be requested by City staff. ' The Applicant and Property Owner muef cJcm APPLICANT’S SIGNATURE The applicant hereby agrees to orovid^ aii :.er Admimstrator. agrees to pay additiLl fees (staff " .^'flMacd by the Zoning consultant expenses incuiied in review of this original fee payment) and/or auppli«i is true and correct to the iJTof hi^sV^twIe^"’ Applicant's Signature-tljS^U.^, . OWNER’S SIGNATURE The owner hereby acknowledges and aeree«;"r^ti,- .• • entry onto the property by City...5taff^nsultanf*/ and further authorizes reasonable members for purpose^^^^^J^^^ verificabon oTtliis r^«f Council Date ^ Owner's Signature ___ • * Applicant Meeting. Date change prior to the meeting. advise the Building & Zoning Office of this • •4 •.0 r .«# EXHDITB Adjaccot Property Owners* Acknowledgement Form I (we) of //79 [print address][print name(8)] **** ****?? ***® proposed improvement or proposed use of the property located at //Y7 ^i»»7<*/<ygg^also referred to as Land Use Application No.________ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date Property Ovmer Date [print naloi(s)] of ^ XvQ c^Ur^c errd [print address] the. plans for the proposed improvement or proposed use of the property located at A referred tc 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 requires Council approval.or use -iSLjLsjQiShL (fro^rty Owner (j AUJLV- 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. ^ // c ■>< EXIflBITC To whom it may concern. August 16,2003 We are requesting the variances needed to replace our existing, twenty-five year old deck. It is starting to rot ,become dangerous, and must be replaced. We plan to rebuild the deck "as is" as much as possible so as not to disturb the existing shrubs and landscaping under the deck and add any uimecessary, extra costs. However, we have found over the years that the placement of the sliding glass door that comes from our kitchen, onto the north end of the deck, was both poorly designed and is unsafe, due to the fiict that it is difficult to gate off the stairs from small children. Therefore we want to extend this end of the deck by two feet, having it end just beyond the «l«Hin£ glass door. Then we would either have the stairs rebuilt on that same end of the deck or ideally, if given the variance firom the city, we would run the stairs parallel off the front of the deck at that same end. Placing the stairs there would make for an easier, shorter walk up the hill from the lake, whi< j has become especially difficult for our senior parents. In conclusion, we are asking the city for the variances we were told we needed to rebuild our existing deck, extending it two feet on the north end, and moving the stairs to make it both safer and more user friendly. Thank-you, Lissa and ^t Harvey ^ Ji / .• \. i r EXHIBIT D #29^-0 \ 7 ' » 1 '—^ — »7 w jr ■ jf.r ni «>c /}.1 Zl.t 7J fit/0 Ut /Z 4 13, A^D L/ktDQvLisTr FtAriNiLL i» I 1 joDPt^fcr /!^9 ELmwoo^ M 0/2.OAJP* t7tlAjA>t^Tf3i SM“ 3* WCCO STAKE PIACSO SEARINGS ON ASSUMED DATUM O 3 IRON MON. SET PROPOSED INFORMATION _________1ST FLOOR ELEV. #s )RCN MON. INPLACS _________GARAGE FLOOR ELS*/. _________TCP 9LOCX ELS'/ _________^BASEMENT ELEV. ORAtNAOE 000.0 ■ EXIST. ELEV._________tC00.0I * PROPOSED ELEV. SEP 000.0 •IT A PROP SUV. uilSCHOBORG yeYiMQ MC. eAM.I3tS I harwy cvofy mai tn» csRiflem of twwy or unoor my oifoa Mponwon oM Uwi I by mo Ml BOOR-PAGE SCALE Nol tOTCO / "^30' • • EXHIBIT E HARDCO SETBACK ZONE: (CIRCLE ONE) CVLATION WORKSHEET TS-TSO* 250^00'500-H HAmnctwKm m ZONE A. Hoasa X m S.F. Lmgth X WUk S.F. X m S.F. X m S.F. B. Garaga X S.F. C. Drbrorm X i S.F. X wa S.F. D. SidtmlkW^^ *3 0 X .A S.F. LflMOtN^ 14 ...X 10 s /40 S.F. 73 x/^£. Patio/Dadc —X r 3T /S’S.F. X a S.F. F. Landscaoa X S.F. Undartain X a S.F. Av Plastic X a •S.F. Or Ferric • G. Othar X a S.F. TOTAL HARDCOVER IN ZOSE - TOTAL PROPERTY AREA IN ZONE - A + B /^OU xJOO S.F. PROPOSED HARDCOVER IN ZONE A. Housa________ Ltnph X X X B. Conga C. Drivaway *^D. SUUwalk X X X X E. Patio/Dadc X X F. Landscapa Undartain By Plastic Or Fabric X X X G. Othar TOTAL HARDCOVER tti ZONE • TOTAL PROPERTY AREA IN ZONE ^ - A B S.F. B % 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. slCB - 7 41___IS.F. A S.F. % CVi =tfe 1 B i SETBACK ZONE: (aRCLEONE)0-75’ 5 HARDCOVSRMIONE A. House vmttNtoi 22JL 2*77 B. X X X C Drivewav D. Sidewalk E. Pado/Ded: F. lAudseape Underlain By Plastic Or Fabric /4 Z2. 7T.6 X X X X X X X X X C. Othir mOPOSED HARDCOVER IN ZONE A. House __________ Unffr. B. Garage C. Driveway D. Sidewalk X X X E. i f I IfJif F. Landscape_____________ Vnderkdn_____________ By Plastic ________ . Or Fabric X X X X X X X X X G* Other ^ B CVLApBN' 3^* WORKSHEET y 2SO-500‘SOO-IOOO' / A37.^ S.F. wu* 7. d SR. 2 ^4 S.F. S.F. ye S.F. 10 / 5.F. L70 d(^ 2_£_r/5 “ •2. _S.F. _5.r. _S.F. - 5.F. 7,7rZ S.F. 2^3 S.F. S.F. 5.F. 5.F. TOTAL HARDCOVER IS ZONE - TOTAL PROPERTY AREA IN ZONE ^ A - B xKX 3SS7Us.f .h ‘f?00 S.F. ZZZJEH.^ S.F. Wiem 5.F. S.F. S.F. S.F. S.F. S.F. SJ". 5.F. S.F. S.F. S.F. S.F. S.F. 5^. TOTAL HARDCOVER tN ZONE • TOTAL PROPERTY/^ IN ZONE A Ih iioo xJOO 3 9^0JlotE.r A 3Sai— % f f -V) si B ,. ■ - -. .tc—.V-ter »■ ’ \r > • r >‘ o.v/''.\ •■•>'.•...•*'*.• .:*•• .. w* • 4 - ■ Ji;.y.' -V ^ • * 9 * F • * ^ • i • ' >y • • . • T'*^" ■ ' ■.t .» •, . • « • • • % I • '. •I • . : /* .• V . * V'^ C • •• •’ '■ .» *» *^ J ^ * V * ‘ » , \ .1 4 » ♦ '♦ W*»» V ■,•■ ■*■ •. • -■• - '*-?V ■ •* ^ ► .^• % f* ; . »»■ ■r »» ». • * '^.'*A V* c . t • . t •••r • I K' isaa iif.tiy !- > c •• ‘I • lopcfty ' ^Vi^'^V« \ i J X 1 \ I t I i‘“'•;^i \t * .<'"n'W^i. . %' ;.Tv- >#• I *' •* ^ t .*•- ' •*• • • • cn,V ; ■. . 1/-—.-c. . J.1* ' JV-v kvv.-,-v. -tW .'.-..{ *> v-v** - - •* .. >'<■'* i i -ii; =.tS* ■ .W/y* I•. • • s. ft v'-l^ Hr *•» »I %. . *.k/ ■.% .4 i- '•' rvp*.- » ■Ji;, ...^ EWfi u/.JX > /-J r<> 0. '■ • ;< p EXHIBIT G •£c ‘r"> ft f'.t-'i 40 .. ••___^•' I ,!ioprtrMrvi<- loc^'dn. . I ok AJOAi-^nrfthnW'^ Ur !L 4 !3, SiCAtiP ^VD LjhJDOiLiiTr AOOfifCr /f^9 ELmwoojo /3(/i 0/2.0/va* WIia /a^,5T3^- Fc/iNH'tLL 3M- = WCOO STAKE PLACED SEARINGS CN ASSUMED DATUM O xiRCNMON. SET PROPOSED INFORMATCN _________1ST FLOOR SL&/. _________SASEMENTsLE'/ #a IRON MON. iNPLACS __________^GARAGE FLOOR 6LE/ _______TCP 9LCCK ELEV. a DRAINAGE 000.0 s EXIST. ELEV.(CC0.01« PROPOSED ELEV. 000.0 • BUST A PPQP ELS'/ SCHOaORG I rraraeyewafyoraimiscvQfemef turwfwaa by m« a« OMLi^ of ItM an Cf UkMMMtt. OaMc Na 14700 £03^JOB* .PAGE SCALE / "=30' 'f■' ^3 7iT; & - I * ' VX-1 • '‘4 s »'f. r>,•'5 •» < '“:fW 6 /. •- %'K- pm I I . . t -» ^ Xv fjrV'- % ^ ,4.*- 9 • .- . >*• . . V r' ■ yi's- -'•./• • *. *4 ^’. .*i -i • / ,-r'' »• k • • V^- . . ♦ I / -v;.- r . r ✓ i /• Ji' » «r t •* • • ♦ <« ••'- •• • • P '' < \1SS ’ itfi ^ 9 - ••1-♦ «i - ' • .. * . * I « m * • 1, ___. r. v"v\> ^A- j. ^ <, '" >^ - '- ’• . <V^. •• i n., ^ ' ' ' . i .•>'•' -»r - •- c«>■:•'■ IT «, r/-»- *N •s- ] hta • - e > /• >39- . >/ v'^ v; T ’h ^v^?s . V * -^ y * . . « *I m* ' '.i' !^‘ >•:.! v-:>v '■..'■■rsqa s.\ \ \ ------ IP i ‘l\ b-, N N » ♦ .*. ».• * * \ ^ . ;r ■‘■'V* •• t • vi:!i %..' t- • » V \ t 'U. \ '' 1 •,rA •' . • • r ' > * »• . ’ *•• \ « . I • '* * * * • * ‘ * » ’i* I. » • , ' I ^ V ‘ '*• \ ^ ■ . ■>;,« '■v^- ' ' \ • . L - V • M* 1“^-. ■y' v; fv^v tW •1 -% • nn-!| .-, S p^iSW:r </»/A'*. I •\/ f .1 • sip I • - • •*»' r*f-Ui Itv VM' i i ■ '■ »S! k i >/■' * • • • ■ •;'^.;fc-i.:-^.H. : ^'i • .*. • „viiV ■.• -x' 'Vv.. i V*., y' ■'. ■a:-e ■?&l: . ’‘-li 1/1P1>>.A- . -.i&g I S' I"’* f|\ ‘ •! .•( -«-«iy • r # •w,f- I ^1 ■ p >; •• » • I tf T • ^ 9 1 .Ml.' ill <• •I I I .i': ■ I ’ • rriif:l’®S *a»S?ir ¥n rV. -'i' ^- ■• ^-v L'l A'- . 'jb-' . i ' ■’ V ‘T,’*''■ I i- tr/*“" *.*^ \ ■ L f \ • - ^ > V N i »w ,M: ■r% ' I f y 4 I ”fl^. t ■ :H'l ^^ .#» .'t>.^. t- 4i RUN DATE ;S/y20QJ lll-NNEIMN COIINTY rROrr.RTY INI-ORMATION SYSTEM PROI’LR I Y OWNERS LIST PAC.I:: I 31 07II723I302I5 ADDR 38 ADDRESS UNASSK jNED HR NAME HENNEPIN lORTEITED lAND PAYER CmrOFORONO E/ADDR POIK3X66 W CRYSTAL HAY MN 55323 PROPADDR OWNER NAME TAXPAYER NAME/ADDR 38 0711723140016 38 ADDRIiSS UNASSKINED HENNEPIN lOKI Ell ED lAND crnroi-oRONo PODOX66 CRYSTAL UAYMN 55323 38 0711723140030 PROPADDR 1179 ELMWOODAVB OWNERNAME DEOARlJOCKARKGARLOCK TAXPAYER IIKIXTUJARMMX NAMEMDDR H79 EIMW(X)I) AVE MOUND MN 553M 38 0711723140033 PROPADDR 1180 ELMWOOD AVE OWNERNAME JENNIFER ANNE WEISH TAXPAYER Jl NNIII H ANNE WELSH NAMryADDIl 1180 EIAIW(K)I) AVE MOUND MN 553M 38 0711723140036 PROP ADOR 38 ADDRESS UNASSIONED OWNERNAME DEARKGARLOCK TAXPAYER BRUCE OARLOCK N AMiyADDR 1179 ELMWOOD AV MOUND MN 55364 38 0711723140059 PROPADDR 1199 ELMWOOD AVE OWNERNAME JAEIIARVEY TAXPAYER J SCOT HARVEY NAMIi/ADDK 1199 ELMWOOD MOUND MN 55364 38 0711723140069 PROP ADOR 1153 ELMWOOD AVE OWNERNAME RICHARDJAMF.S MEIT TAXPAYER RICHARD JAMES IIEIT NAME/ADDR 1153 EIAIWOOD AVE MOUND MN 55364 PROPADDR OWNER NAME TAXPAYER NAMiyADDR 38 O71I7234I0OI3 1205 NORTH ARM DR PAULRSKAGIRIIERG PAULRSKAGIRBERG 1205 NORNIARM DR MOUND MN * 5364 38 0711723410016 PROPADDR 1205 ELMWOOD AVE OWNERNAME TJkJREGNIER TAXPAYER NAME/ADDR THOMAS D A JANE REGNIER 1205 ELM WOOD AVE MOUND MN 55364 38 0711723410017 PROP ADDR 1265 ELM WOC ID AVE OWNER NAME JOHN A PI RKINS JR ETAL TAXPAYER K)MN PERKINS NAM&ADDR 1265 ELMWOOD AV MOUND MN 55364 /^\ 38 0711723140029 PROPADDR 1161 ELMW(X)DAVE OWNERNAME IIE A R K GARLOCK TAXPAYER BRUCE E OARLOCK NAME/ADDR 1179 ELMWOOD AV MOUND MN 55364 38 0711723140034 PROP ADDR 38 ADDRESS UNASSIGNEO OWNER NAME HENNEPIN EOREEITEDI AND TAXPAYER i*l IY Ol ORON( I NAMEMDDR P 0110X06 CRYSIAUIAVMN 55323 38 0711723140060 PROP ADDR 1169 NORTH ARM DR OWNER NAME JOI IN O KINNARD JR TAXPAYER JOHN G KINNARD JR NAMEMDDR 1169 NORTH ARM DR MOUND MN 55364 y * 38 0711723410014 PROP ADDR 1245 NORTl I ARM DR OWNER NAME ROBERT G HOVLAND TAXPAYER ROBERT HOVLAND NAM IM DDR P O BOX 41413 PLYMOUTHMN 55441 38 0711723410018 PROPADDR 1295 ELMWOOD AVE OWNERNAME J J THEISEN A LKTHEISEN TAXPAYER J J THEISEN A L K THr ^rN NAME/ADDR 1295 ElAIWOOO AVE MOUND MN 55364 I A l.. ^1i mSfi^ kunoate.i^; 'eil^ m »v HENNEPIN COUNTY PROPI- NFORMATION SYSTEM PI'OI^ERI Y LISr PAGE; 2 I CERTIFY THATTHE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENT ATTONOF INFORMATION AS IT APPEARSTHS DATEONTHE RECORDS OFTHE HEWEPIN COUNTY TAXPAYER SERWCES DEPARTMEhO; TO^TNE BEST OSfOS 03.DATE .. > • < . ' i /■ ^ #■ r '^-r* V . * ip < o4 .'r. A '■* .‘ i '■ ^ '■■V' M BAMUite jj’ /•; *:.-.' * / /; «•mm•••••'. * •* ■' .• •*-T •- ••••••*••immmmmmmm /. - T ! V'. .... lo > -OP #294C *^W • » J/v •• . • '•. .(oils) '-.. - s I- V;: •: ? m ^f % 9U 196 (69)• .•• 189 115 182 10 (m. .V • •( * \u\12 (59) f9(JX rSl (52) \ND Vfi t55 • o\ * ..» ELMWOOD ^250i (54) 39 155 07-JI7-'2a-/V/ Date Application Received: ft-19-03 Date Application Considered as Complete: ft-19-03 60-Day Review Period Eipires: 10-19-03 SEP 2 2 2003 CIU or REQUEST FOR COUNCIL ACTION Date: September 19.2003 Item No.: (( Department Approval: Name: Janice Waataja)|\.^ Title: Citv Planner Administrator Approval:Agenda Section: Zoning Item Description: /t03-2941, Paul Cady. 465 Tumham Road Conditional Use Permit - Resolution Zoning District: Lot Area: Lot Width: RR - 1 A. One Family Rural Residential District (5 acre minimum) 5.948 acres (259.111 s.f.) 424.18 feet List of Exhibits A - Resolution per Planning Commission Recommendation B - PC Action Notice 9-16-03 C - PC Memo and Exhibits of 9-11 -03 Application Summary: Applicant requests a conditional use permit to construct a pool on a “through ” lot. Staff Recommendation: Staff recommendations: 1. Approval subject to the pool location indicated on the submitted plans. Planning Commission Recommendation Approval consistent with stafl's recommendation. Staff Recommendation Approval per the attached Resolution COUNCIL ACTION REQUESTED Adopt the attached Resolution granting a conditional use permit for 465 Tumham Road for the construction of a pool. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 78-1431 FILE NO. 03-2941 WHEREAS, Paul David Cady and Judith Lynn Cady, husband anu wife (hereinafter “the applicants") are the owners of the property located at 465 Tumham Road within the City of Orono (hereinafter the “City") and legally described as follows: Lot 1. Block 3. Tumham Toll Addition, Hennepin County, Minnesota (hereinafter the “property ”); and WHEREAS the applicants have made application to the City of Orono for a conditional use pciaiit to Orono Municipal Zoning Code Section 78-1431 to allow construction of a pool c n a through lot. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono. Minnesota: FINDINGS I. 'y This application was reviewed as Zoning File #03-2941. The property is located in the RR - I A. One Family Ruml Residential District which requires a minimum lot area of 5 acres where the applicant's property is 5.948 acres. 3.The Planning Commission reviewed this application at a public htari.,g held on September 15,2003 and recommended approval of the conditional use permit based on the following findings: a. The pool is constructed in the location indicated on the submitted plans will meet all principal structure setbacks, will not be visible from surrounding roadways, and will have no negative impacts to neighboring properties. Page 1 of 5 £ 4. 5. 1 he 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 conditional use permit on the health, safety and welfare of the community. The City Cou.icil 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 permit would no' adversely affect traffic conditions, light, air nor pose a fire hazard r > 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 ak>ve findings, the Orono City Council hereby grants a conditional use permit to Orono Municipal Zoning Code Section 78-1431 to allow construction of a pool on a through 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 confomiity with City codes will require further Planning Commission and City Council rev iew 5.Authorities granted by this resolution run with the property not with the applicants, but are pennissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approv al, or the conditional use permit will expire on that date (September 15,2004). 6.Violation of or non-compliance with any of the temis 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. k Page 2 of 5 f i 7.The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants’ heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 22"** day of September, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) \ 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 Mirmesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instiiunent 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 State of Minnesota ) )ss. County of Hennepin ) This instrument was acknowledged before me this __day of___ . husband of_ _ _ _ _ _ _ _, husband and wife. .2003 Notary Public State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this __day of _ by _____________, wife of_____________, husband and wife. .2003 Notary Public Page 5 of 5 ' K ^ . • EXHIBIT A ___________ ■sM [I iii^ jKSF Afproxlmt<t S(y, Shxf6 AM4- io(4^'0r\ of ^o( IOMO« -. Oi N* CN| * r- >*^ . .! CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE: 03-2941 NOTICE OF PLANTSING COMMISSION ACTION DATE OF NOTICE: September 16,2003 TO:Paul Cady 465 Tumham Road Orono, MN 55364 COPIES: TYPE OF APPLICATION:Conditional Use Permit DATE OF MEETING: September 15,2003 Planning Commission recommended as follows: 1. Approv al of the conditional use permit to place a pool on a through lot subject to the pool being constructed in the location shown on the submitted plans. 2.Table approval of the bam until the October 20'*' Planning Commission meeting due to the lateness of the bam plans submitted to the City and to allow' proper legal notice. VOTE:FOR AGAINST Applicant's next scheduled meeting is confirmed as: City Council - Monday, September 22,2003; 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. li j #03-2941 Scptembtr IS. 2003 Page I of3 Date Application Received: 8-19-03 Date Application Considered as Complete: 8-19-03 60-Day Review Period Eipires: 10-19-03 To;Chair Smith and Planning Commission Members Ron Moorse, City Administrator From: Date: Janice Waataja, City Planner^ September 11,2003 Subject:03-294i, Paul Cady, 465 Tumham Road - Conditional Use Permit - Public Hearing Zoning District: Lot Area: Lot Width: RR - 1 A, One Family Rural Residential District (5-acre minimum) 5.948 acres (259,111 s.f.) 424.18 feet Application Summary: Applicant requests a conditional use permit to construct a pool on a “through ” lot. Stqff Recommendation: Staff recommendations: 1. Approval subject to the pool location indicated on the submitted plans. Pertinent Zoning Ordinance Sections Section 10.03, Subdivision 10: Conditional Use Permit Required. All accessory buildings on through lots located in “R” Districts shall require a conditional use permit. List of Exhibits A - Application B - Existing Survey C - Proposed Sui^ ey/Site Plan D - Proposed Plans E - Photographs F - Property Owners List G - Plat Map Background The applicant submitted plans showing a proposed pool and bam lo be located on his property which is considered a “through lot". At this time planning department staff informed the applicant that the plans submitted for the bam do not meet the 75 foot setback required by Zoning Ordinance. At that time the applicant stated that he will be suemitting plans at a later date showing a revised location for the bam which w ill similarly require a “through lot” CUP application. Therefore, this application is for AM-‘A r W3-2941 September IS, 2003 Page 2 of3 consideration of a conditional use permit for the pool only. LOT ANALYSIS WORSHEET Lot Area/Widlh; RR-IA Lot Area Lot Width Required 217.800 s.f. (5 acres)300 ’ Actual 259,111 s.f. (5.948 acres)424.18* Setbacks: RR-IA Required Existing Proposed llou.se / Pool Front 100’100’100’/165 ’ Rear 100’#•r i 552’ /525’ Left Side 50’98.25’98.25’/155’ Right Side 100’227’227’/165 ’ Structural Coverage: This property is not subject to structural coverage requirements because it is in excess of 1.99 acres. Hardcover Calculations: This property is not subject to hardcover requirements because it is not within 1000’ feet of anv water bodv. Conditional Use Permit Analysis The Zoning Ordinance states that any accessory structure placed on a “through” lot must obtain a conditional use permit. The intent of this ordinance is to confirm that the accessory structure conforms to the principal building setback requirements. The pool is considered an accessory structure and is therefore subject to these requirements. As shown on the survey/site plan the pool will meet all principal building setbacks, being setback approximately 165* from Watertown Road, 525 ’ from McCullcy Road, and 155 ’ from the interior side lot line. The pool will be located behind the home and not be visible fro.m any of the adjacent streets. Photographs have been included in the exhibits to illustrate the topography of the property and that the pool w ill be substantially hidden. Therefore, this proposal meets all conditional use permit standards. \i ib fittrr i ll ifiTiiliiytiiiiyi M3-294I Stptenbcr 19.2903 Htt3vt3 I mucs for CoBsIdcration 1. Should additional screening be required? 2. Are there any other issues or concerns with this application? Staff Recommendation Approval of the conditional use permit to allow a pool to be constructed on a through lot subject to the plans submitted. * . A • ' e-' ^ . .r rftil jr, J ' J •V'*’ ; tH .fi: ■': hV 'M J I Application # D I DateReceived^?c- Amount Paid CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATKW Site Address_____ Type of Application to be Filed Property Identification Number (P.I.D.) *31 ~ 116> ~~M COl^ APPLICANT ^ Name Phone (home)_______ Phone (work ) ^^*2^ 'Z^—f*S> Pv >4<u^ TZAf2jQV;VT(VK\ City OfiOyNjQ Zip___________ OW'NER (if different than applicant) Name _____________ Phone (home). Phone (work). Address City Zip. Date Property Acq uired _____________________ I (do) ^o noy also own the adjacent parcels of land. (month/year) FEES - CONDITIONAL USE PERMITS - _____$ 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 and filling - 501 cu. yd. or more ____ Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see Fee Schedule $150.00 Renewal Fee (no change from original application) After-thc-Fact Fee - Double Current Application Fee OTHER APPLICATIONS _____$275.00 Commercial Site Plan Review (+ consultant fees) _____$300.00 Vacation _____$250.00 Easement Vacation _____$100.00 Easement Vacation With Subdivision _____$350.00 Rezoning (PUD - refer to fee schedule) _____$375.00 Comprehensive Plan Amendment _____$100.00 Appeals Other • see Fee Schedule V #2941 i li i nr '■IVi Uli uni~T nt i 2. 3. 4. 5. 6. 7. 8. 9. required submittals 1* _ Completed Application Form. _ Describe request in detail - u wu ■ - Aor) . refer „ handou. for survey : «" survey, changes in elevation (grades) ™Pose contours) if land alterations involve ■ p“opc^^wfto"uTJS^^^ « i".~es. in the persons you'^rnotififdV^uSs^^^^^^^^ other fob m«o?UCTfoN™n.^'J?'V.* M”sFi?r. DOCirail.NFS OR copy225... 00,«srT f. The Applicant and Property Owner must siem fh.‘c i- application is not complete if the above informaion Ls^beeTincludS' SSf ClJ^^a?stm is complete. . —------------------------Date________________ APPLICi^T’S SIGNATURE Administrator, agreed to^^pay ldditiona1*fe« (s[a™f squired or requested by the Zoning and'or unusual e.,penses incLd in retU^f Ws “'T'* f« P« supplied is true and correct to the best of hisier faiSeS”"’ information Applicant’s signature_______ OWTVER'S SIGNATURE The owner hereby acknowledges and aerees to thie o„ r • entry onto the property by. City staff, consultant/^rr,.l?**°" authorized reasonable members P“nPoses of u^e^ga,ya„a veriS Date j]u f> schedu cd review meetings of the Planning Commission .nH / ^ Applicants must be present at all Mdu.^ Zosu,, om« of ftis change prior b the meeS, *““* “ your place Bid advise the •* *■ ' i Date If f,; 5>-, "l <•»•'' ;■■ ■^ A««K' > • A*' ■> •;•■ ■<• ,• " r*^S' .V. •'•'7- •'■A'.'■•«. -i:;.. •- ’ *■■*. *' . •• i*,.vv ‘r ■_ J Cadv Property: Site Plan 1”-^* fWPEprf 60i >AR\t9 1,001CIVVV lMHtr«>WlN IMfJil: •■ L J * * *9 ^ i*l>'i^mm # •r .•• • . 1 * * •- .^1 ? * • ♦ *.» • ' * • • . . . •• , •• #•% . i 'j'iV •^4 r 3a^i^,o?iij;r., ^f~;- vsewar s \ ,.l'^ r rr -, ^ f* r^ _ riUik lowavf M6(/wn€v VkJ111 SSt.'l-.i.'SJ',m>;l: ^ ■?■<■; x‘: ■. '• ' ^'.Ji'.•• V I'o'JE*:.V''', ' ■ i \ f-;‘r j'*~ -rr IV'i. r -0 RUN HATE :l/U4/0iJ n JII1R23I30002 PROP ADOR 420 TUKNIIAM RO OWNERNAME LEDEROAKMDERG TAXPAYER LEONARD A KATl lUiEN M UliKQ NAMEMDDR 420 TURNIIAM RD MAPLE PLAIN MN 55339 31 31 1 1123240003 PROPAOOR 425 TURNHAMRO OWNERNAME T WOTTEN A A M OITBN TAXPAYER TIMOTHY W A ANNA M OTTEN NAMI7ADDR 425 TURNIIAM Kl> MAPLE. PI AIN MN 55359 3i 3IIII232400I2 PROPAOOR 325 MCCULLEY RO OWNERNAME STEPHAN HOMECONSTRUTfON INC TAXPAYER STEPHAN HOME CONSTRUTION INC NAMIi/AI>l>R 3775 CO RO 92 MAPLE PLAIN MN 55359 3S 3IIII233I0006 PROP AOOR 315 TURNIIAM RO OWNERNAME C E PHELPS A J C PHELPS TAXPAYER CHARLES E/iENNIEER C PHELPS NAME/ADOR 315 TURNIIAM RD ORONOMN 55359 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST PAGE: I 3S 3IIU23I30003 PROP ADOR 4345 WATERTOWN RD OWNER NAME DONALD K PEARSON A WIFE TAXPAYER DONALD K PEARSON NAME/ADDR 4345 WATERTOWN ROAD MAPLE PLAIN MN 55359 3S 3IIIS23I300I3 PROP ADOR 4300 WATERTOWN RD OWNERNAME JAMF^ JAY JOHNSON A WIFE TAXPAYER MMES JAY JOHNSON NAME/ADDR 4300 WATERTOWN RD MAPLE PLAIN MN 55359 38 31 1 1823240004 PROP AOOR 4545 WATERTOWN RO OWNER NAME J L A M R DROLL TAXPAYER JEFF DROLL NAME/ADDR 4545 WATERTOWN RD ORONOMN 55359 38 31 1 1823240007 PROP ADOR 415 DEBORAH DR OWNERNAME T A IIALLQUIST/W AHALLQUIST TAXPAYER tom A HALLQUIST NAME/ADDR 41 5 Dl.DORAI I DR MAPIJ.PIAINMN 55359 0 i. K 38 31 1 1823240013 PROP ADDR 465 TURNIIAM RD OWNERNAME PAUL CADY TAXPAYER PAUL CADY NAMEMDDR 2900 THOMAS AVI S«24I2 MPLSMN 55410 38 31 1 1823310005 PROP ADDR 4550 WOLVERTON PL OWNERNAME J L HARSTAD A J R HARSTAO TAXPAYER JAMES L MARS TAD NAMEMDDR 4550 WOLVERION PL ORONOMN 55359 1 'j: r v:'.*?- • J I 38 31 1 1823420008 PROP ADDR 380 TURNI lAM RD OWNERNAME DEADFMER/ TAXPAYER DOUGIAS E A DIANE E MERZ NAME/ADDR 380 TURNIIAM RD MAPLE PUVINMN 55359 • .J.' I OiRTIFY TJIATTIUi FACTS KtU’RESl-hn'l-D ARC AN ACCURATU AND TRUb REPRESENTATION OF INFORMATION AS IT APPEARSTIIIS DATE ON THE RECORDS OFTIIE HENNEPIN CaJNTV 1 AXI'AYER SlJtVICES DEPARlMlIhfT. 1011 IE UliT OF MY KNOWLEDGE AND UEUEF. , DaTE«:!^3^ UY "^:yZLU. f . 1 n t*< !• »:• . 'i • • ^ L. Date Application Received: 08*I9>03 Date Application Considered as Complete: 09-10-03 60-Day Review PeriwI Expires: 11-10-03 •• • A •• • SEP 2 2 2003 REQUEST FOR COUNCIL ACTION t or uriuixO Date: September 18.2003 Item No ) ^ Department Approval: Name: Melanie Foth Title: City Planner_______ Administrator Approval:Agenda Section: Zoning Item Description: 03-2942 - George & Marilyn Mileusnic, 3243 Casco Circle - Conditional Use Permit - Resolution Zoning District: LR-IC, Single Family Lakeshore Residential.'/: acre minimum Lot Area: 0.361 acre (15,741 s.f.) List of Exhibits: A - Resolution per Planning Commission Recommendation B - PC Action Notice 09-16-03 C - PC Memo & Exhibits as of 09-15-03 Application Summary: The applicants are requesting a conditional use permit to construct a 4’ boulder retaining wall within the 0-75' setback zone. The proposed 4' wall will replace a failed 8* wall and be situated approximately 4' - 10 ’ closer to the OHWL than that of the failed wall in order to maintain a 2:1 slope. _________________ Planning Commission Recommendation On September 15,2003, Planning Commission voted 7-0 to recommend approval of the conditional use permit, stipulating that one additional tree be planted on the bottom of the slope. Staff Recommendation Approval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached Resolution. ' A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTIONS 78-1286(b) and 78-966 FILE NO. 03-2942 WHEREAS, George E and Marilyn K Mileusnic. husband and wife (hereinafter “the applicants") are the owners of the property located at 3243 Casco Circle wthin the City of Orono (hereinafter the "City") and legally described as follows: Lot 15. Spring Park, also all tLe land, including the vacated highway, lying between the front or easterly line of said lot and the shore of Lake Minnetonka, and between the northerly and southerly lines of said Lot 1 5 extended to said lake shore, and being part of Government Lot 6. Section 20, Townsitip 117, Range 23. and also indicated on the plat of said Spring Park, according to the recorded plat thereof, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicant has made application to the City of Orono for a conditional use permit per Orono Municipal Zoning Code Section 78-1286(b) and 78-966 to allow construction of a 4’ retaining wall and the import of fill in order to stabilize a 2:1 slope w ithin 75’ of the OHWL of Lake Minnetonka. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File #03-2942. The property is located in the LR-IC, Single Family Lakeshore Residential. 3.The Planning Commission reviewed this application at a public hearing held on September 15,2003 and recommend^ approval of the conditional use permit based on the following findings: Page 1 of 5 4. 5. a. The existing 8'high retaining wall failed and caused a landslide on the lakcyard slope within 75 ’ of the shoreline. b. The reconstruction of a wall 4’ or less in height and maintenance of a slope no greater than 2:1 is supported by the City's Engineer, and is necessary to stabilize the slope and protect the slope from further damase. c. The applicants ha\ e provided a restoration plan meeting the goals and intent of the Zoninc Code and the Orono Community Management Plan. d. The Plaiming Commission finds that the plan should be amended to include two new trees within the lake yard to soften the view of the restored slope. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property 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 o'her danger to nei^boring property: would not merely ser\e as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to prcseixe a substantial property right of the applicant; and would be in keeping w ith the spirit and intent of the Zoning Code and Comprehensive Plan of the Citv. CONCLl'SIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Orono Municipal Zoning Code Section 78-1286(b) and 78-966 to for a conditional use permit per Orono Municipal Zoning Code Section 78- 1286(b) and 78-966 to allow construction of a 4’ retaining wall and the import of fill in Page 2 of S naai order to stabilize a 2; I slope within 75* of the OHWL of Lake Minnetonka, subject to the following conditions: I. Council approval is based on the restoration site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibits A, B & C. Any amendments to the plari which are not in conformity with City codes will require further Planning Commission and City Council re\ iew. 2. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (September 22.2004). 3. Violation of or non-compliance w ith any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of 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 the 22"' day of September, 2003. ATfEST: Linda S. Vee. City Clerk Barbara A. Peterson. Ma\or Property Owner(s) Page 3 of 5 Jk 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 4 of S State of Minnesota ) )ss. r- County of Hennepin ) This instrument was acknowledged before me this__day of___ ___________, husband of_____________, husband and wife. . 2003 Notary Public State of Minnesota ) )ss. County of Hennepin ) This instrument was acknowledged before me this__day of _ ___________, wife of_____________, husband and wife. .2003 Notary Public Page 5 ofS d k "I-— ’I* *« ’■>■ nytr < £ ^9 I lui l5.S|wtrnfc.ait«tlli>tlia4iwrMiiifct¥tcn4lMt>i»y. lyiatbtOMcaiiM *MiiorMii»ly liM«#Mi4kHMdiht •liQtt of LiU MMMiMkA. aarf kMn iH BMifeirly Mii Mn*8f ly Itan of mi4 l4M 15 michM 10 Mid Itto slwf*. tad bMii poll of Oovumai Lot i« Sociioo 20, Towoifeip 117, Roofo 23, alio oidkaicd oo iha plai of loid Spnog Faik, aceotdoif to O \ \ lit0iSrfa £o^ ? R&7ni$^t^fWMa, mjQcmwJS^ iLfV \ CUCV Md •( 11____ i */r*i *4Tdi :7r IgUlg ExfHE>rrB» 60.2 <D S 1 A iimiiriii n iir exhibit c Mileusnic 3243 Casco Cr, Orono Boulder Retainage Side Section ShrMdad Mglch Dogwoods P-3Q0 RM#cifQ«iwf« V«ertal Coferol e ■ ■ readed Mulch Oriinagt Rock Drain TV* Erosion Control Fabric CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4600 ZONING FILE 03-2942 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: September 16,2003 TO: Jim Smith Co «ccpt Landscaping 3153 Priest Lane Mound, MN 55364 COPIES:George & Marilyn Mileusnic 3243 Casco Circle Orono, MN 55391 TYPE OF REQUEST: Conditional use permit to c onstruct a 4' retaining wall which will be situated between 6' to 12' from the OHWL, within the 0-75’ zone. The applicant is also proposing to repair a landslide where a failed 8' retaining wall existed approximately 16' to 20' from the OHWL and to stabilize a 2:1 slope with an erosion control blanket and plant material. DATE OF MEETING: September 15,2003 PlaDoing Commission recommended as follows; Approval of the proposal as submitted w ith the follow ing conditions: 1. Retaining wall must not exceed 4' in height, and the hillside must be maintained at a slope no greater than 2:1. 2. Plant material must be installed lakeward of the retaining wall to screen views of the wall from the lake. 3. One tree, in addition to the maple indicated on the landscape plan, is to be added to the lake yard. (Total of 2 trees in lake yard.) VOTE:7 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as: City Cottncil - Monday, September 22,2003; Meeting starts at 7:00 pm If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Melanie Foth at 952.249.4627. it FlLEi03-2942 September it, 2003 Page 1 of 2 Date Application Received: 08-19-03 Date Application Considered as Complete: 09-10-03 60-Day Revien Period Eipires: 11-10-03 To:Chair Smith and Planning Commission Members Ron Moorse, City Administrator From: Date: Melanie Foth, City Planner ^ September 1 1 ,2003 Subject:03-2942, 3243 Casco Circle Jim Smith with Concept Landscaping on behalfof George & Marilyn Mileusnic, -CUP - public hearing Zoning District: Lot Area: LR-IC, Single Family Lakeshore Residential, '/i Acre 0.361 acre (15,741 s.f.) Application Summary: Applicant requests a conditional use permit to construct a 4' retaining wall which will be situated ^tween 6 ’ to 12’ from the OHWL, within the 0-75’ zone. The applicant is also proposing to repair a landslide where a failed 8 ’ retaining wall existed approximately 16 ’ to 20’ from the OHWL and to stabilize a 2:1 slope with an erosion control blanket and plant material.______________________________ Staff Recommendation: Planning Department Stafl'recommends approval of the conditional use permit with the following conditions: 1 . Retaining wall must not to exceed 4' in height, and the hillside must be maintained at a slope no greater than 2:1. 2. Plant material must be installed lakeward of the retaining wall to screen views of the wall from the lake. _____ Pertinent Zoning Ordinanee Seetions 10.03.19 Land Alteration; Prohibited: It is unlawful for any person to build, alter or repair any seawall, retaining wall or otherwise change the grade or shore of lakeshore property without a conditional use permit issued by the Council. List of Exhibits A. Application B. Existing & Proposed Survey/Site Plan C. Proposed Plans and Elevations D. City Engineer Recommendation E. Product Specifications for Erosion Control Blanket F. Photos G. Property Owners List & Plat Map 1 J FILEM3-2942 Stptamb«ri V 2003 Par,«2of2 Background The applicant has applied for a conditional use permit in order to continue with their plan to repair a lakeshore hillside and failed retaining wall. Upon removing an existing rotten wooden stair system a hillside landslide was uncovered beneath overgrown grapevines. The existing 8' retaining wall had partially collapsed and the applicant has proposed to construct a retaining wall 4’ in height and import approximately 25 cubic yards of fill to maintain a 2:1 (horizontal : vertical) slope. The applicant proposes to stabilize the slope with an erosion control blanket, mulch and dogwood plantings. The proposed wall will be constructed further lakeward than the failed 8' wall. .A permit from the Minnehaha Creek Watershed District has been obtained for the installation of 60* of rip>rap and a 6’ X 10* sand blanket. City Engineer. Tom Kellogg, has reviewed the site and has provided staff with a recommendation (the letter is attached as Exhibit D). The following is a summat7 of Kellogg’s comments: • The landscape plans should show a proposed slope not to exceed 2:1. • The proposed wall should not exceed 4 ’ in height. • Installation and maintenance of a silt fence throughout the duration of the project and vegetation he established. Issues for Consideration 1. Is the Planning Commission satisfied with the 2:1 slope and the 4* wall as proposed? 2. Does the Planning Commission agree with staff opinion that the proposed plantings and erosion control blanket are sufficient for slope stabilization? 3. Should trees be planted in the lake yard to break up the open view of the hill from the lake? 4. Is the Platming Commission satisfied with the singular plant species on the slope? 5. Are there any other issues or concerns with this application? Staff Rccomnicndation Planning Staff recommends approval of the conditional use permit with the following recommendations: 1. Retaining wall must not exceed 4* in height, and the slope must be maintained at a ratio no greater than 2:1. 2. Plantings must be installed lakeward of the retaining wall to screen views from the lake. 2 t ' 1 exhibit a Application# Date Received g»l9^03 Amount Paid CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address Type of Application to be Filed vA\v.v. ^Ro*»»or> Cc<OT*<^ot- Property Identification Number (P.I.D.) in A?^ oolo______ APPLICANT Name COtSTEPT LAND8CAP1NQ 3153 PRIEST UNE MOU IO, MN 65334 Phonerhomc) 4S»> Phone (work) _____________ Address City Zip. OWNER (if different than applicant) Phone (home) «i- Namenikcuarlie____ Phone (work) ______________ Address CLAs<-o cR.________City ________Zip sS-bii Date Property Acquired n - •‘b (month/ycar) I (do) ^ noD also own the adjacent parcels of land. FEES - CONDITIONAL USE PERNHTS - _____S 75.00 For each variance request with CUP application _____S250.00 Residential Accessory Use _____S250.00 Institutional (church, school, etc.) _____S250.00 Guest House/Guest Apartments _____S250.00 Duple.x Credit/Bldg _____$325.00 Commercial/Industrial Use _____$250.00 Land Alteration ____ Grading and filling - designated wetland or floodplain ____ Grading and filling - 501 cu. yd. or more Grading, seawall, retaining walls within 75’ of lakeshore PRD/PID - see Fee Schedule $150.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS _____$275.00 Commercial Site Plan Review (+ consultant fees) _____$300.00 Vacation _____$250.00 Easement Vacation _____$100.00 Easement Vacation With Subdivision _____$350.00 Rezoning (PUD - refer to fee schedule) _____$375.00 Comprehensive Plan Amendment _____$100.00 Appeals Other - see Fee Schedule •V fr —-L d REQUIRED SUBMITTALS Completed Application Form. 2. ✓ Describe request in detail. 3. 4. 5. 6. 7. 8. 9. ~ mn*i nM PT7 "^d plat map (you A 603 Jabels and map from Hennepin County Department of Finale A-603, Government Center, ■■■*). iSS-SDo ----iitaation'*^ ^*'^'** sun.eyor) - refer to handout for survey Attach legal description to application if not included on required survey St'elS (S* ”™'« •“ P*"®"* «'*' "> in the roS.-T*PP''®“'W if not cuirent owners). Construction plan, if applicable (see staff for requirements) As an addendum to this application, please attach a separate list of anv other persons you wish notified of this application. ^ ✓ futeiS) ^ «'®®“n>«>ts, plans, etc. to be :s,s?rJK,?=..r>irLr£;..!:s- - »■■ *-------------------——_____________Date APPLICANT'S SIGNATURE Xiss. Applicant's signature - a/ Z Date ^ -ig » Q-^ OWTMER'S SIGNATURE em'ry°™.o 1 members for puiposes onnvestigalion and veVSon*X^ members, and Council Owner's signature Date ^//r/o:< Applicant must have all subminals into the Citv oflicM 5S <i..» i. r ^ . Planning Commission Meetings are held on the tWrd Mondaf T“"* scheduled review meetings of the Planning Commission wd Co^n jf.„ .™“* « •” scheduled meeting, please make arranaements to liav^ ^ applicant is unable lo attend a Building A Zoning Office of this change prior to the meeting. ^ ^ #2'-'“'V • I - a- V ; / i ikc.r.c r :piJL. i Concept Landscaping 3153 Priest Lane, Monnd, MN 55354 City of Orono attention Bruce or Lyle 95^•47^4118 Subject: George St Marilyn Milcusnic 3243 Casco Circle Orono, MN 55391 Project Scope: Remove ezbting stair system to lake: Stair system b rotten wood and dangerous. Non eibtent handraH. Stair system b out of compliance, no landings. Install new Diamond stair system with landinp and handrail. Configure so as to hide the system ftom view of the lake with vegetation. Repair hilbide landslide: Approiimately 10 cu yd slide. The entire hUbide b covered with grapevines which have smothered all of the plantings neccssaiy to maintain the hUbide from erosion, tondslide and washout We are going to remove all vines and replant the hilbide with Dogwoods and mnkh. C^emove approaimaieiy so h or concrete retainina waB.^ believe more b under t^ lanjblide. Replace the dirt from the hack on the hi ^ppro«hnntgiy |io «4| ft of iMditone retainaae with [nstal 10 cubic yards of soil on the right side to get rM of the concrete and still maintain the eibting soils. See attached photo*s: Sincerely Jim Smith ( V # 2 S 42 exhibit b Nik. alio all iha la nH, Ih« vacaiad highway, lying between the front or caaierly line of aaid lot and (ho and between (be noithetly and southeriy linn of Mid Lot IS eatended to laid lake ahoie, and being mm Lot 6, 20. Townahip 117. Range 23. and also indicated on the plat of laid Spring Paik, accoiding to M frMrinf Hennepin County. Minnetoia o woexi STANS PLACED SSARMOSON ASSUMB DATUM 0 a IRON MCN. 3ST PROPOaSO INPORMAT1CN ________^tST PLOOR B jBV. ________^9A8SMe«rSLEV. iRCN MCN. NPLACS 3ARAGE FLOOR EL?/. ________’CP 9LCCK ajEV 2cJ - onnirinff_____ 000.0 ■ exisr. slsv icoaoi • propossd elsv 300.0 » cnwt a prop slt/ By mo Ibmk C 7^3 NO. tareo .;can aooK.pacs SB - 17 r-. I"" 4 rXfiliii I II unis. S^iitPMfc,alMiHiMlHi4lKlMii^*ivictfi4lri|jliwiy.lyii«telwMiMiMlatcaiittlyiteoriM4toltM*t ilMit of UU MiMHAa, kctiM iw Mftety Mi iMiMy ItM aTitU IS ttlMM !• lyts ilmf^ biiii poilofOoiM—lUli,gorliM2<KTMOMiip ll7,iUm23,Mialioioikiliiooii>plolofiiiiSyriotridfc,irpjniiitto i \ \ ^^iBiT c JL^ 60.2 i/ o>s Ii Sep 11 eoo3 Sisepn bonestroo rosene rnderlxk esisasiaii R-2 .f .* . i* ;■ Bonestroo Rdsene Anclerllfc& Astobates 0 4 Architect* SopCBOlte I0riOO3 «ee fmplcsrBe #wftte m% AjMtfMM. iw. re an Amoaiive'oppiFMani gupfayir a»>niee»o Om fk tanMirM^ FI • Menrtn i..i«rvais, • Oltnn t. Caea. ni. • leewi C Miinkm Jtey A. iaw^aee. nt • Marli A hipia#% Bl. Mar ceesMitam« aeterf VK KsiaPi. fiB • jaiaan c AneaiBk. aa. • aiciMra I. IWntr. DC • fvTtr m Mroe ctA T.yR?&ssr.T;iw«ty»! Wliuamtmn. Kl..v>.. Afnn M (I'n^ MJkAi • Mm lilviiMi. U • lhamarW fwlrUa’lST^*'"*** *** ^ JMlMt.MMMira • Mtttl.JanMn.W< t*Nlla«n»* N.M• OVMIJ.MnriM). W• MMW n«*ai. A. Cynai W. • W»»<M .'. j«MnMn • M* A. 9imm M • TIiMiat K ■hmmv W • ■«>»>» j. Kf. OfniMI R A«Ul. R (IMA iMImtir m4 VNIMMr, MN * MMVWkW, Wl • CMCt|a. IL >Mt« ww >4«n. Mil Mtliiiit Foih .. ' nmotr City of Orooe . PoAOno«B«x6S CiyURi Bay. MN SSaU Rk ' EXHIBIT D • 3243 CaiceCir^'. FIlB No. I3»4I3>000 Ptot No. 03«2942 . ‘ ■ _ ••."■; • PaifMalanir. .1 *<'• •:• /i'.V-,-•>V••.■ :• :j.- • W* «ilM Id woBiiaa mi Iw^fw stvkw of. iho pcepetty locaad at 3243 Cateo Chela. Tlw pcopoaad fam^aineBia iseludD nmbval of i eaacna muopiy retalfliiif waU lad nptaBBiiMat wtt a booMe lottiaias «*«U. AddUigaai ifli^Moya^cnts aijpwii 04 llfB pUaa in^bide vadiag Md laaMradoo along Sm top aide of dw wall. Wa have cob ^^ Jj? Mtjnfrini PiltKi; 1, » I' .-'V:'•y • •* ^ r* ' •»',■>'.• ,•■ *!*■ •* yi '*-**. -f*...* > :•*. Thi lasbcaipo'tdao irtkiwaa 4*fod| i«ia|B^^ T'M!^^**?** *** **"»«*» *^****<2*^ • ,• lTBf,lffltF* "f '*** »***” lanjiba^ filiiiM abott^ hicloda a propi ' (hofiaeaial*. yarteal).A2:l alopawillBatclitha«laiiiititafaWaya4ia«emtodMfcopoaadwall, a TbaprepoMd Will «hoiildae«>eaad 4-Oat Id haii^Xtapponiliveen^ nan to n»voibo was towaida tlw lalw if tlw aity daahaau Th» woiUd ciduM ^ wall taaigb( 1^ Oiiiiaiiia Uw alope OB the backildt of tha wiU. '• ■■• •.. • ThaiaadaciyepUnaaboitliiiacludaaoA'onpaof^cgctBtailacgBaeLBgaloaf jialMtaiililaaftiiawaBte SBktelAiB# vlMil taspBCti. ' - SBt taiea ahriW ba iaatallad touBadiatei^ Bieof dia lakaaluiri fiootago .to.piMaa inl^^ of / '. • : diiDiiba>lag>laao >halato.TtoaUtOBcaatouldbaag8etivalymaintatoadoadlUiap«B>actlicoMpljtfii '> apd aaptahwl l> aaiabHihed.p Tbaauivayaboilldlbaiavliadio allow lhacQiiacipropoaadloeaiioo»d4im«rio«a of eamablag wb1)« • If fbbrtf ■** ^ iMtoihd aadM tha mBleh bahiiwl the wall a aampla aad mwificatloM ahoold ba ; provided to j^,ely ilbtw»lawa»4appwvai • . -a ^ • • V.yoo have aayquMiio^ pleiaaeillaia at (631)6044163. •* a • ■ Yeoia voiy anily, BONISTROO. ROSBNB. ANDIRLSt 4 AllOCUTlS. INC, a^« TomKdloti Ce; Ofag Oappa. Qty of Ob 2ISf Waal Highway J« a St. Ftiil; MN SSfli • 4il*4S6-4«60 a Paa: Mh634-tSfl • * a ^ ■ I '■ • I • , lOWMIMI exhibit e •- .V ‘-K r-. tv:,. [ P300 The P300 Erosion Conirol/Tuff Reinforcement Mat features a 100% UV stabilized po^propylsne fiber matrix erx^sed m an extra heavy- duty. UV stabilized top net and a heavy. UV stabilized bottom net Thettankelis sewn together on 1 5 inch centers with black polypropytene thread to ensure ioog-lasting durability and performance 3r The P300 provides permanent erosion I control and ve getal reinlofcement on Vsevere stopes.f high disdwge channels, and shorelines with wave action. P300 IS designe d for use wtiere natural vegetation will not withstand design flow conditions. The P300 is ideal for use m the 3 Phase Ranforced Turf Design System. Consult North Amencar' Green software for specific desigr reconmendations Maleriiil Composition 1. Top Net ^j»ti a uv b* p ; ropyfene 5 tOOO so ft ai»wj* wt 2. UV Stabilized Poly Fiber C r bs bg >'J (0 3H kij sg mj 3. Bottom Net JV stabikze'i potyp^' i 3 lbs tOOO SQ It apf/OK At Thread wV $Tar»li**e<l r>o»vpiooyi«*i^ P o I y 1$ r a §B y le n v Roll Specifications Widm 6 5 feet Langth ai 5 teei *25 -im Weight ^2 lbs tiO «(i9 i kg< Area 60 sq yos iSOm • ^ . '^ * ' ■ - IT-^’■^Ts?'*'— " ^ ■'^ V ^ :t^..j^:‘.AV:,‘;'!i'V- ■■w •. ' V .1 ' i’. ‘i ^v- ,/ ■^Ivr ■'“ rT''>. •';N‘. aL - t k> }■ , \ - ■ • 'V^ ;• r>^ r :• *'-v- VX. ' ' *''l'" “ 1 ■~ .:„:f oS -n ~Z'-^ ' *- V ^ ^ * • / r »4 '•*;;':'':mm, 0^ V ■ ■ ■ • W- ' : ^ /A- a M '•'■cr P- '4<r5S-' ) ', V,* .,0 ■ '1 r» ♦ 4 > > ^ /^ ■' /- ■ T. ^'if * X / ;.'>*# ' 'SSPitSfei'S^ ®s W;'.'V'-191^-^-M w:•# P X 7’.' •j.' ♦w''" •j#i' I (J l7w»../i. - rr^t' m ■; -‘I ii.;. X ____/ m^wcra^*- -^ ' ^V, ^Vv* *•— • Pi RUN DATE ;l/lV2a>J 31 20II72J43003I PKOPAOOR 34S6IVYPL OWNER NAME OSAKJOWEN TAXPAYER DAVID S* KAY J OWEN NAME/ADDR 34R6IVYPL WAYZATAMN )339l 31 2011723430008 PROPADDR 3249 CASCO CIR OWNER NAME RGLUESSEETAL TAXPAYER ROBERT LUESSB NAME/ADDR 3249 CASCO CIR WAYZATAMN 55391 38 2011723430013 PROPADDR 3237 CASCO CIR OWNER NAME JULIAN HOOK A PECX3Y R HOOK TAXPAYER JULIAN HOOK* PEGGY RHOOK NAME/ADDR 3237 CASCO CIR WAYZATAMN 55391 38 2011723430016 PROPADDR 3231 CASCOCUt OWNER NAME JUDITH E COOPER TAXPAYER JECOOPERAJE COOPER NAME/ADDR 3231 CASCO CIR WAYZATAMN 55391 38 2011723430053 PROPADDR 3271 CASCO CIR OWNER NAME RAND FINANCIAL SERVICES INC TAXPAYER RAND FINANCIAL SERVICES INC NAME/ADDR 1433 UTICA AVE S F265 ST LOUIS PARK MN 55416 IIP.NNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST PAGE;I 38 20)1723430006 PKOPAOOR 3466 IVY PL OWNER NAME J GARY TUCKER TAXPAYER J GARY TUCKER NAME/AOOR 3466 IVY PL WAYZATAMN 55391 38 2011723430007 PKOPAOOR 3251 CASCO CIR OWNER NAME PATRICIA M OIEGRE ET AL TAXPAYER PATRICIA M.A. OIEGRE NAME/AOOR 3S65 WEST BOX R ST TUCSON AZ 85713 38 2011723430009 PKOPAOOR 3247 CASCO CIR OWNER NAME KURTCARLSON A WIFE TAXPAYER KURT A LUCILLE CARLSON NAME/AOOR 3247 CASCO CIR WAYZATAMN 55391 38 2011723430010 PKOPAOOR 3243 CASCO CIR OWNER NAME GEORGE E/MARILYN K MILEUSNIC TAXPAYER GEORGE E MILEUSNIC NAME/AOOR 3243 CASCO CIRCLE WAYZATAMN 55391 38 2011723430014 PKOPAOOR 3235 CASCO CIR OWNER NAME S O SILUS A E C SILUS TAXPAYER STEPHEN SILUS A ELAINE SILUS NAMl:/AOOR 3235 CASCO CIR WAYZATAMN 55391 38 2011723430015 PKOPAOOR 3233 CASCO CIR OWNER NAME O M SPILSETH A P O SPILSETII TAXPAYER OAVIO M SPILSITTII NAME/AOOR 3233 CASCO CIRCLE WAYZATAMN 55391 03 38 2011723430031 PKOPAOOR 38 AOOKESSUNASSIGNEO OWNER NAME THE CASCO CO TAXPAYER CITY OF ORONO PARKS NAMli/AOOK P O BOX 66 CRYSTAL BAY MN 55323 38 2011723430050 PROPADDR 3241 CASCO CIR OWNER NAME KTAPAKENNEFICK TAXPAYER KEVINT/PATRICIAAKENNEFICK NAME/AOOR 3241 CASCO CIR WAYZATAMN 55391 1^4:1 O) 38 2011723430054 PROP AODR 3509 IVY PL OWNER NAME GRUNOHOFER CONST CO INC TAXPAYER JERRY GRUNOHOFER NAME/AOOR 12005 I65TH STN MAIUNEONSTCROOCMN 55047 % I CERTIFY THATTHE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARSTHIS DATE ONTHE RECORDS OFTHE HEhtJEPIN COUNTY TAXPAYER SERVICES DEPARTMENT. TD THE BEST OP MY KNOWLEDGE AND BEUEF. ^ f----^ . /) DATE BY ^ JL . T. 7 ^ 7 Hennepin •sr. ■•TeW .f.♦v- < MHennepin County Taxp^er Services Department ./ •**•?*.' I *•./ £i 4/ ..V # t V,.. •. . • ^ f^ttellnfonnation no »• / :■ ID 2011723431 Numii«r 3243 ^ Nam« CASCO CIR Is not a leg^ ftieofOtd map. Hnpi9»$nt$aconifi»alioncfMon nalbon .« :ind<tatatromaiy,C6unfy.andStat0ro$dmjthorili9$9ndoOmtouit9k v' /-^.l .■ t-f'i n Dale Application Received: 4-23-03 Dale Application Considered as Complete: 7>l 1-03 60-Day Rev iew Period Eipircs: 9-9-03 SEP 9 2 2003 Ui 1 I ‘-'r VtiUNO REQUEST FOR COUNCIL ACTION Date: September 22,2003 Item No.: /3 Department Approval: Name: Janice Waataja||^ Title: City Planner Administrator Approval:Agenda Section: Zoning Item Description: #03-2943, Robert & Janet Labalt, 3202 North Shore Dr. - Variance - Resolution Zoning District: Lot Area: Lot Width: LR - IB, One Family Lakeshore Residential District (1 acre minimum) 0.223 acres (9,715 s.f.) 62.37 feet List of Exhibits A - PC Action Notice 9-16-03 B - PC Memo and Exhibits of 9-12-03 Application Summary: Applicant requests the following variance to construct an addition, approximately S2S s.f., to the existing home. 1. Hardcover variance for the 75-250’ zone to allow 37.6% hardcover when 25% is normally allowed and 50.5% currently exists. 2. Hardcover variance for the 250-500 ’ zone to allow 42.7% hardcover when 30% is normally allowed and 55% currently exists. 3. Side yard setback variance to allow a setback of 2.8 feet when 10’ is required and 2.8 ’ currently exists. 4. Structural coverage variance to allow 19.4% when 15% is required.______________ Staff Recommendation: Staff recommendations: 1. Denial of the proposal due to the increases in structural coverage beyond w hat is allowed by Ordinance. No unique hardship has been presented which would justify expanding the current home’s footprint, given alternatives for an addition exist. Planning Commission Recommendation Denial of the request consistent with staff s recommendation, on a unanimous vote of 7-0. Staff Recommendation Deny the request consistent with Planning Commission ’s recommendation. COUNCIL ACTION REQUESTED Direct staff to draft a denial resolution for adoption at the October 13,2003 City Council meeting. CITYOFORONO ZONING FILE: 03-2943 2750 Kelley Parkway P.O. Bo* 66 NOTICE OF PLANNING COMMISSION ACTION Crystal Bay, MN 55323 (952) 249-4600 DATE OF NOTICE: September 16,2003 TO: Robert & Janet Labalt COPIES: 3202 North Shore Drive Wayzata, MN 55391 TYPE OF APPLICATION: Hardcover Variances, Side Yard Setback, Structural Coverage Yankee______________________ DATE OF MEETING: September 15,2003 Planning Commission recommended as follows: Denial of all requests consistent with staff recommendation. VOTE: 7 FOR 0 AGAINST Applicant’s next scheduled meeting is confirmed as: City Council - Monday, September 22,2003; 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. ii'l I 1 I .itTMr ma I m -fcl I ^ N03-2943 September 15.2003 Pjge I of0 Dale Applkatioa Received: 8-19^3 Dale ApplicatioB Considered as Complete: 8-19-03 60-Day Review Period Expires: 10-19-03 To;Chair Smith and Planning Commission Members Ron Moorse, City Administrator From: Date: Subject: Janice Waataja. City Planner^ September 12,2003 03-2943, Robert & Janet Labalt, 3202 North Shore Drive - Setback. Hardcover, and Structural Coverage Variances • Public Hearing Zoning District: Lot Area: Lot Width: LR - IB, One Family Lakeshore Residential District (1-acre min.) 0.223 acres (9,715 s.f.) 62.37 feet Application Summary: Applicant requests the following variance to construct an addition, approximately 515 s.f., to the existing home. 1. Hardcover variance for the 75-250' zone to allow 37.6% hardcover when 25% is normally allowed and 50.5% currently exists. 2. Hardcover variance for the 250-500* zone to allow 42.7% hardcover when 30% is normally allowed and 55% currently exists. 3. Side yard setback variance to allow a setback of 2.8 feet when 10* is required and 2.8’ currently exists. 4. Structural coverage variance to allow 19.4% when 15°1) is required. ___________ Staff Recommendation: Staff recommendations: I. Denial of the proposal due to the increases in structural coverage beyond what is allowed by Ordinance. No unique hardship has been presented w hich would justify expanding the current home’s footprint, given alternatives for an addition exist. Pertinent Zoning Ordinance Sections Section 10.22, Subdivision 2: Lakeshore Hardcover and Land Alteration Regulations. Section 10.56, Subdivision 16 (L): Hardcover Limitations. Section 10.24, Subdivision 5 (B): Lot Standards Section 10.03, Subdivision 14 (C): Lot Coverage List of Exhibits A - Application B - Survey C - Revised Survey Showing Removals D - Hardcover Calculations (revised by stafO £ - Building Plans & Elevations J M3-2943 Scptcmlicr 15,2003 PagtlofO F - Alternative Plan (Staff Concept) G - Photographs H - Property Owner's List I - Plat Map Background The applicant is proposing to build an addition to the existing home over existing driveway hardcover and to add a two-story deck adjoining the proposed addition to the existing home. An existing deck, 9x19, will be removed. The majority of the 525 square foot living addition and a portion of the deck are being placed over existing driveway. The applicant is proposing an additional 15 square feet of hardcover for the living addition and an additional 81 square feet for the deck with significant driveway removals. The nature of this lot requires a shared driveway for the iakeshore lot to the north. Currently, the applicant is not using the shared driveway and is accessing the property from the adjacent marina. This lot is currently substandard with respect to hardcover and side yard setback. LOT ANALYSIS WORSHEET Lot AreaAVidth; LR-IB Lot Area Lot Width Required 43,560 s.f. (1 acre)140’ Actual 9,715 s.f. (0.223 acres)62.37’ Setbacks: LR-IB Required Existing Proposed Front 35’30.5’30.5’ Rear 30’13.9’13.9’ (detached garage) Left Side 10’2.8 ’2.8* (new deck) 10’ (addition) Right Side 10’21.9’24’ Lakeshore n/a n/a n/a Average Lakeshore n/a n/a n/a «03-2943 Scplcmbcr 15,2003 PaCc3of6 Structural Coverage; Total Lot Area 9,715 s.f. (0.223 acres) Total Structural Coverage Allowed: 1,457 s.f. (15 %) Proposed: 1.883 s.f. (19.4%) Hardcover Calculations: When calculating hardcover percentages for the 75-250 ’ zone the area within the shared driveway easement (490 s.f.) was taken out of the lot area so as not to either help or hinder the hardcover percentages. This is because this portion of the shared drive does not benefit the applicant. W’hen calculating hardcover percentages for the 250-500 ’ zone the area within the shared driveway easement was kept added into the lot area due to the fact that the applicant benefits from this portion of the shared driveway. Hardcover Zone 75 - 250 250 - 500 Total Area in Zone 3.200 s.f. 6,025 s.f Allowed Hardcover 800 s.f (25%) 1,807.5 s.f (30%) Existing Hardcover 1,618 s.f* (50.5 %) 3,324 s.f * (55 %) Proposed Hardcover 1,205 s.f (37.6 %) 2,570 s.f (42.7 %) After exclusion of fabric or plastic-lined landscape beds Hardcover Variance The applicant is proposing to add the addition over existing hardcover with the exception of 15 square feet. The dramatic decreases in hardcover amounts for the proposal are the results of the applicant eliminating the drive access through the marina and utilizing the existing shared drive. This includes a net decrease of approximately 413 square feet of hardcover or 13% in the 75-250* zone. In the 250-500' zone there would be a decrease of approximately 754 square feet or 12%. Although Planning Department staff is encouraged by the proposed decreases in hardco\ er and the existing drive through the marina being eliminated, the overall proposal doesn't fit w ithin requirements of the Zoning Ordinance. Structural Coverage Variance The applicant is proposing a living space addition of approximately 525 square feet and a deck of approximately 81 square feet. This results in an increase of structural coverage of 606 square feet bringing the current structural coverage percentage (14.9%) over the allowable amounts to 19.4%. Side Setback Variance The applicant is proposing a second story deck, approximately 81 square feet in size connecting the existing house to the proposed addition. This deck would be located on i{ . ---- #03-2943 September IS, 2003 the western side of the home facing the marina. The current side yard setback in this location is 2.8’. The applicant isn ’t proposing to get closer to the property line. The deck would extend diagonally from the 2.8' setback to an 11 ’ setback where it attaches to the proposed addition. Hardship Statement Applicant has provided a brief hardship statement in Exhibit A. and should be asked for additional testimony regarding the application. Hardship Analysis________________________ /if 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 anticipoted trqfflc conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property hi the surrounding area. The Planning Commission shall consider recommending approve 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 there are hardships which may justify hardcov er amounts beyond what is allowed by Zoning Ordinance. Those hardships consist of the man-made lagoon at the marina bringing the property closer to the lake and the shared driveway arrangement for the lot to the north. Staff is also very agreeable to eliminating the drive access through the marina in an attempt to eliminate hardcover. From a zoning perspective, gaining access from the marina is inappropriate. However, stafU does not find a hardship which would allow the applicant to increase their structural coverage from a percentage which meets Zoning Ordinance to a percentage which would become non-conforming. 14.9 to 19.4 percent. Allowing this increase in structural coverage would also not fall within what has consistently been approved by the Planning Commission as structural cov erage requirements are strictly followed. The applicant also has alternatives for adding living additions to the house without adding to structural coverage. This would consist of having an attached garage instead of a detached which would allow living space above and turning the existing deck (which is 6 ’ or higher above grade and therefore counting towards structural cov erage) into living space. Therefore, staff cannot support the proposal in its entirety. Staff w ould 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 could exist in its current manner. 2. “The plight of the landowner is due to circumstances unique to his property not created by the landowner." M5-2943 September IS, 2003 Pages of6 The applicant has seems to have outgrown a small house. There is no unique circumstance to the property that would justify an increase in structural coverage because there are alternatives to adding living space. 3. “The variance, if granted, will not alter the essential character of the locality," The character of this lot and a few lots to the east are smaller lot, smaller house situations. Allowing a dramatic increase in structural coverage would change the character of this. Most of the other lots and house in the area meet the requirements of their zoning district. 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 economics are an issue. 5. "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." Not applicable 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." The uses proposed are allowed in the LR - IB zoning district. 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." Not applicable 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The shared driveway arrangement may be a condition which is peculiar to the property and would justify hardcover variances. However, there are no special conditions applying to the structure or land which would allow increases in structural coverage. 9. 10. “The conditions do not apply generally to other land or structures in the district m which said land is located." .Most of the properties immediately surrounding the applicant's property, except the marina, fall within allowable structural amoimts. “The granting of the application is necessary for the preservation and enjoyment, of a substantial property right of the applicant.” There are alternatives for adding a living space addition therefore not hindering the applicant's right to enjoy their property. II. 12. ma-2943 StpteMb«rlS.3003 Pifticfi “The granting of the proposed variance will not in any way impair health, safety, gjjfort. morals, or in any other respect be contrary to the intent of the Zoning Should a structural coverage variance be granted it would be contrary to the intent of the Zoning Code. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." Granting a hardcover variance may alleviate demonstrable hardships however granting of a structural coverage variance may serve as a convenience to the applicant for not requiring a redesign. Issues for Consideration 1 . Should the applicants be limited to the 15% structural coverage requirement? 2. Are the applicant s headed in the right direction towards reducing hardcover? 3. Are the hardships which would justify granting a structural coverage variance? 4. Are there any other issues or concerns with this application? Staff Recommendation Denial of hardcover variances for the 75-250’ and 250-500 ’ zones, denial of the structural coverage variance, and denial of the side setback variance to allow a 525 square foot living space addition and subsequent 80 square foot deck. The applicants should be directed to redesign whereby not increasing structural coverage on the property. The applicants should also be directed that the proposed decreases in hardcover are reasonable. r.. [BIT A CITY OF ORONO - VARIANCE APPUCATION Initial Application Fee S2S0.00 (SSO.OO per each additional variance) Renev^’al Variance Fee SI50.00 (no change from original application) Variance for non-conforming structures S250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address K) ♦ . Application Date Received Amount Paid iaii>3 i . eo Property Identification Number (?JD.) A.ttach legal description to application if not included on required survey. Date Property Acquire d NO\.Q\.g______________________________^(month/year) I (do) (do not) also own the adjacent parcels of land. Pi^nt use of property: y residentid ___^other (specify)_____________;_______ Zoning District:, Address: Citv:v Zio: APPLI Name m OWSER (if different than applicant) Name____________________ Address: ___ Phone (home). Phone (work)_ City:,Zip:, DESCRIPTION OF RE(}UEST Estimated Construction Cost $ ^T) Describe request in detail: vJ!>rv<g'vCorsrt*. Ctsc V>ox»«\ 0 (anach additional sheets if necessary) VARIANCES REQUIRED Lot Aea Setback: ___Lot Width Front Side y Hardcover Rear Lot Coverage Average Lakeshore Other (specify) 0 cc HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difilcultv or unusual property conditions preventing * compliance with Zoning Code requirements: r>^N(.^%Ar <AjrVvv<^v onvN. ^<x\— V nsvc P Y !.tiA ifviA WiVV/^a A :<> mnLO af^9rQv: (attach additional sheets if necessary) O v*x>o>A\ac, ^ ^ I required SUBiVnXTALS ^^wfQT Sn!!d!lr>y]!ff appliMtion ftfafllinf ditr in 1. 3. 4. 5. 6. ---- Completed Application Form Certified Property Owners List of owners within 1j • must obtain this list, labels and mPT from ® “®P . Finance. A-603, Govt Center, 348-5910) Department of reproduction. O 'W »'/«" x IP for - rscsLrs’.i^"’,sr" “Sketches or plans of floor & elevation viem fLvM. r.V 7. 8. Sketches or plans of floor & elevation v?"' ^ reproduction. List of flte l?gal _ As an addendum to this application, n LIAs an addendum to this applicatir^ olL- ^ ^ owner(s). perso^ you wish notified of this appliLion. ^ s«Parate list of any other Additional items as may be requested by City staff. The Applicant and Property Owner^must sign this aonlieafmn di miMce appl icMion i, no, cmplelr If ,he A VmY A m.T'viaM ___________APPLICANT'S SIGNATURE I^d'ntSS. '^c^ ,T^; “j r““‘‘ and/or consultant expenses incurred in “vi^v o rhlf^ ^ information supplied is tn^and correct toj^best of histo CvledgT (■ ? ^ J Applicant's Signature Date r-s *• •% OWNER'S SIGNATURE entry onto the prope^^by C?” suff^^uha^' Sent?'coi^1s^" euthotizes reasonable members for purposes rji^vesUgatio^d verifiiatfon of A^Ts" ^ •V v-y ■ * Owner's Signature Date <P- /f- O ? \ \ / ' * '>.1 Applicant must have all submittals into the Cit>- officf*^ u r . Ccnm-ssion Meeting. Planning Commission Mewitigs ue held on Ae^th '^Xf ^ month. Applicants must be present at all schaHnias!! * * Monday of each Commission and CouncU. IfL applicant is unable to InelT ‘*** Planning make arrangements to have an authorized agent attend in voi^ nil ^ meeting, please & Zoning Office of this change prior to the meeting ^ Building .> •naAa..AaXiiLMv.i* EXHIBIT B EAST 57.30 CERTIFICATE OF SURVEY FOR BOB LABATT IN GOV'T LOT 1, SEC. 8-117-23 HENNEPIN COUNTY, MINNESOTA I I I EASTCBIY 19€ or COV* T LOT I. ...... S£C. 8-117-23 .......... m legal DESCRiPTiON OF PREMISES : Thot port of the West 57.3 feet of the Eost 115.05 feet of Government Lot 1, Section 8. Township 117 North, Ronge 23 West of the 5th Principol Meridion, lying North of County Rood No 5l ond lying southerly of o line running West ot right ongles from o point in the Eost line of said 57.3 feet distont 165 feet north of the North line of soid rood. o: denotes iron marker set denotes iron marker found Bearings shown ore bosed upon on osstmed dotim. This 5urv«*y inf»»n«li to show the bcundoricr. of the nhovn rfi'orrihed property, the locotion of on existing house end goroge, the lucotion of oil visible "hordcover*• and the proposed locotion of o proposed oddition thereon. It does not purport to show ony other improvennents or encroochments. GROKBEEG k ASSOaiTESl DK. mfkmmm ukucasbi BM7J-4141 I arU| M is irwf hi inpeN at • «Sv fir Srict ifs- xBiS ed MI ei i ilf nftlmU CM Ch^mv sS is«d edv IS; Im «l is StolA il linittois ri liwitMio IXHM IIMr 12T5S'iM 1 Gr SCAlC i--2cr DATC 6-1S-03 JB8" 05-24tA CO • ^ —' *• ' ; 0J-749A r EXHIBIT C eASTcm.v uc v cov t lot 1. ••• ac. CERTIFICATE OF SURVEY FOR BOB LABATT IN GOV'T LOT 1, SEC. 8-117-23 HENNEPIN COUNTY. MINNESOTA ✓ I LEGAL DESCRIPTION OF PREMISES That port of the West 57.3 feel of the East 115.05 feet of Government Lot 1, Section 8, Township 117 North, Ronge 23 West of the 5th Principol Meridian, lying North of County Road No. 5l and lying southerly of a I ine running West ot right angles fromo point in the Eost line of said 57.3 feet distent 165 feet north of the North line of said rood. o: stent denotes ironmarker set #: denotes ironrrerker foune Bearings shown ore bosed upon on ossimed dctim. This survey intends to show the boundaries of the above described property, the locotion of on existing house end garage, the location of oil visible "hardcover** and the proposed location of o proposed oddition thereon. It does not purport to show any other improvements or encroachments GHONBERG ft ASSOCUTES. INC mAMimm lacucmaai fi^47MI4t I feeWf orlly M is wntf m pipeid ly <at or iidv Hf w«t i ed M I PI • rt^fi CM DgpHi md lad Smtye 12755 SCALE 1--20* 09-24iA f 03-749A * :• EXHIBIT D HARDCOVER CALCULAJ3QHJV0RKSHEET SETBACK ZONE: (aRCLEONB) BIS* 2S0-S00*500-1000' ATiQiiW ^75-250^ EXisrma habdcover in zone ta^CfYKCnJ -iCLkfn oui O'f ttt , A. Hwuf ' •________ X _____________ • r r CalU/O^fi Ltntth MdM X X X B. Garage S.F. S.F. S.F. vlM C. Driveway X X iw ^^F. YOY. ~~ S.F. D. Sidewalk X X S.F. S.F. E. Patio/Deck X X S.F. S.F. F. Landscape VnderU^ By Plastic Or Fabric X X X S.F. S.F. S.F. a. oh.r 5.F. TOTAL HARDCOVER IN ZONE - TOTAL PROPERTY AREA IN ZONE A Mo IS + B XJOO '^ZOO l.UlS S.F. A 5.F. B % PROPOSED HARDCOVER IN ZONE A. House Ltntth WuXh S.F. X X X S.F. S.F. SF. B. Garage C. Driveway X X /o ,f\ ^' z-W D. Sidewalk X X \SO >,y.\5.F.-l^c^f OJOC^C _________S.F. S.F. E. Patio/Deck X X S.F. S.F. F. Landsc^e Underlain By Plastic Or Fabric X X X S.F. S.F. SF. G. Other S.F. TOTAL HARDCOVER IN ZONE - TOTAL PROPERTY AREA IN ZONE A IZOM.^ + B xioo .lOiijp a ^00 SF. —Ti * SETBACK ZONE: (CIRCLE ONE) 0-75 HARDCOVER CALCULATION WORKS, BXISTtNG HA A. Roust- RINXnNK Lttuth -§g- Tt-lSV VbA 500-im^ X X X width w»"7 '1‘bO 5.F. B. (jaragt C. Driveway _ 5.F. DOrzfn. S.F. X X 55b D. Sidewalk X X priv«/ E. Patio/Dedt X X n\ S F ■5:^C/JK(jirOC S.F. S.F. F, Landsaqte UnderUdn By Piastie Or Fabric X X X S.F. S.F. S,F. G. (Mur S.F. TOTAL HARDCOVER IN ZONE - mAL PROP^^^^iREA IN ZONE ■h'hX'l B (aOZ^ XJCO ___S.F. A (oOZ^ S.F. % B 55 PROPOSED HARDCOVER IN ZONE A. House Le/tith wm I'bO S.F. X X X 35 S.F. B. Garage C. Driveway \'b\h S.F. 4 - X 12S 10%1 "7b S.F. S.F. i.m<r D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlet 8y Plastic Or Fabric ,S.F. 4- i d.nf . * dCSh/* S.F. dr/*- X X X 5Jf S,F.---------------- S.F. G. Other S.F. TOTAL HARDCOVER IN ZONE . TOTAL PROPERTY AREA IN ZONE ^ ____ + B tiOih XIOO ^10 If.A S.F. B % r ^ f- • k/ 1 u g u i,. ■ 1 4 •t! - *> *: -■■ ■' ■/■. v<-M ,t'Vw ,» V ‘ - ’»• * *,' ’ ‘ ' .■' 'j ►'■ ,- ', *“ *' f.-- ' ’.t' /.■ ■ ■, ' i,. - '' • ’ * >V ’ ‘ ^ ■ / '. V;^ ■ ■'-• ',/r' - ; • i r- .■ <T. J •-■■ EAST ELEVAnOM 9Catil/4^-|* -r.: if^-V,i'. • ;• -- .•'i ■*.mw t: : “> •r1^ . ' •*.•■»= ,r J EXI5r. LAP VO?THV\^$r eLEVAT1C?N icSrTTT^^r « ■iT*Mrti ^rsrr^n^jri#jfc<--r». fr—■•tb-laAfTfcrf r**- ^ «WV-kA^ -^.2rTWiA.«n>^'wii«ii w~.»^'nn<.ibd'‘K<Cv I -W44’iv^ -%*, *1 ililKl puur^iN^ 5ecric?N^ mJILtP\NC ^ t ^ fl»M * 4Br^iim>»Tr*.l. k..l^ krtK.rTk«Mi--«l^k-... .4 I n fw«tr\i-w«*w/m Uf Jittrir n—au« i-j r rig^ t-Mi in 4 EXHIBIT F EAST 57.30 .SsronT iM or cov- r LOt 1. see 8-117-23 CERTIFICATE OF SURVEY FOR BOB LABATT IN GOV'T LOT 1, SEC. 8-117-23 HENNEPIN COUNTY, MINNESOTA I Tor ACUSSiic iVC Driv£.4NrW4|]^ MAririA- he ^vcf-UlU(tJr vii4H livingQboVt^ m legal description of PREM:SES : That port of the West 5"^ 3 fee: of the Eost 115.05 feet of Government Lot 1. Section 8. To«<ns‘- o 117 North. Ronge 23 West of the 5th Pr incipol Meridion, lying North o' County Rood No. 5l and lying southerly of 0 line running West ot ric"t orgies from o point In the f.o-it I inn of sold 57.3 feet distant i£5 feet north of the North line of sold rood. o: denotes ironmorker set • : denotes iron marker found Bearings shown are basec upon cn ossimed dotim. This survey intends to s-cw tre boundaries of the obove described property, the location of on eicist rg hcuse and garage, the location of all visible **har dcovor ** ciiul lh»* pfO|'^«icd iccotion of a proposccl mMilion thereon. It does not purport to she* any other improvements or encroochments. GROHBERG ft ASSOCUTES, INC 44Sl«ifllflM laCUHtflSBI PTOT ’ My celiy M to arey m prapeitf hf» * eev ey Wirt tfe* ■■a; Vi Mlei • IW rafMiiCniCngm vilvl Wwyor vie M bn af M SWi «f UmnolA UMX i--»y DATE 03-24tA r IXHIriTC. 1 I “ 1 ■k; ' ■ ♦ —-i'i /It *• /■. kmm ■ ' W4 \ »v'; '. j. 1Va. \a :! i^i7Si Vit «: 1' ®1 '@. sSTn' .>*..., -;.?--^-A-.'F3SEL_ ■*“•' ^ •*’ J■“'■■ ‘ ''■ *■ Zi'?-* -^t ~:^-( ■" *i^-1^' \ «c I / I -• ' 5.x Id •^m < <v . • .. m X*. i£, “* SbS^^':-- "‘iEiiy*? « ^ %- <>>: V ^ •• •:<i.^^:. V rs?:'--^'r^:; v;.0.'- -"X \'^T<-Jf., ‘v ^ ^ V*if yj&i •V'C>*^ >r . •' I- V-LTv^: o> ; .V.' -<■ ,. ■ -• f-•* *v. "X- ?s 1 . . ■■- 7v» r---;Vi-i . :\- V- - • "x '<**. 'afei-4f.« tSt^ :f ■*'7^y2 ‘ ;X' i i«. tf!i « «♦•' * *• r ’•' •ossJ’'-’ •■'•*;♦? .tW®. *iJ' ■ U-^Tat^"- fS i.. ;.'• »■ s t *’ ,• . < f - ■k ^ V *» y . •1 i \ ^ V ri' ■ ' 'Vi. >-^'\;T/ »:• . ' •» Tw,m u' '' ‘/'k v ’'ir^ Vi I »kW1^« ig. - ' ^.f '•>■•• ^St P* liiK ^1 r-3a**- . «r»»rr!?r.'j-^^*^.. y I .^ . . -Kn >TOi4>f>C AVv*.^,lr . V. I i>« ^ <>«ii tf . • 4' mm^-lif* * * *, *• «■• •, -, • *• - * • I »•» .« ■ ■ -^ . ., ‘ •■ •••.,..•.'•• ;..;,iv. i • •:’ •••'■• -vK;.v- •» *9» , , ^ • . . * . HuiM . *V.'- • . • • «.r • •• ••'•■4 • * . >^ • % • i % • /♦» •• . I . !-u4'/v# . •^■•.sr^ ■. ->".■• •• ♦..••• ••' • |. • V " * • • ■■ ■*••••- • ■i.- *. ' ' •“ • • • •. ' L% • V4 ^ • .^ 4 ^4, vv; W.' •V5 ’ « f r A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-282 AND SECTION 78-1288 (b) FILE NO. 03-2944 WHEREAS, Jonathan A. Menth Oiid Carol Jean Menih. husband and wife, and Esther E. Menth. life estate holder (hereinafler “the applicants ”) are the owners of the property located at 2930 Casco Point Road within the City of Orono (hereinafter the “City”) and legally described as follows: Tract N, Registered Land Sur\ey No. 0461, 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 78-282 and Section 78-1288 (b) to allow reconstruction of a deteriorated deck constituting excess hardcover in the 75- 250' lakeshore setback zone. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota; FINDINGS I.This application was reviewed as Zoning File #03-2944. The property is located i. the LR - IC, One Family Lakeshore Residential District, which requires a minimum lot area of 0.5 acres where the subject property is 0.348 acres. 3.The Planning Commission reviewed this application at a pulvc hearing held on September 15. 2003 and recommended approval of the hardcover variance based on the following findings: a. The deck has existed for a minimum of 20 years on a lot which is non< conforming to the City’s hardcover requirements. Page 1 of 5 .. .A.-- .r IT tw-**" fM-rtii-JUfliru 4. 5. b. Hardcover in the 0-75* zone is 0%, meeting Zoning Ordinance standards. c. Hardcover in the 75-250’ zone is 48.5% where only 25% is allowed. The property contains a patio which can be reduced in size to partially alleviate the existing hardcover excesses. d. The applicants have recently removed approximately 500 s.f of non- conforming boathouse hardcover in the 0-75* zone. 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 are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affe''t traffic conditions, light, air nor pose a fire hazard or other danger to neighboring pioperty; 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 Citv. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Oruno Municipal Zoning Code Section 78-282 and Section 10-1288 (b) to allow reconstruction of a deteriorated second story deck, subject to the follow ing 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. Hardcover in the 0-75’ zone shall not increase above the 0% level. Hardcover in the 75-250* zone shall be limited to 3,838 s.f or 46.4% per the proposed plan and Page 2 of 5 \ 3. 4. 5. 6. 7. hardcover allowance summary as depicted on Exhibit A, except that removal of the patio shall not be required if the applicant confirms to the satisfaction of the Building Ofilcial that removal of any existing patio perimeter foundation will compromise the stability and integrity of the remaining patio. The applicants are 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 reductions in existing hardcover. The applicants shall remove all plastic or fabric liner material from any decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. Required removals of hardcover shall be completed by footing inspection. 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 w ithin one year of the date of Council approval, or the variance will expire on that date (September 22,2003). 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, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 22"“* day of September. 2003. Page 3 of S ^ XXL- - i ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owncr(s) Life Estate Holder STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this dav of 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota 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 jjAr-vv, V ' ^ 'MB'mh’, . ■'} ^ J.A , EXHIBIT A CSX/ZFJOtTjF OF SORVEF - mimOSO fVft Mr. Jon A Month N legal Mascnptioo 7>act M, Registered Land Survey Ab 461 . J tmUKS-OSMOL um suRfwroRs. me. 90H ««r*#r Uma Na. itN 55447 Ptamai7*3^ 555-0505 fMT ins) 555-0475 • Ornoies fouatf iron monument ® /denotes set iron monument eCOexo denotes emsUng e/er ^ ••rfOy <5«l C5f« earaag plan ar rapari maa praparaS 5/ ma y an4 I5ac 1 am a 4ulp Maglatarae Un4Suraapar mmdaa tha taaa at tha 5UI« at MinmaaaU Aa aaraapae kp ma %kia f tO 4ap at tuna, 5005. &UK.c^ Fla Ma. IIKiO (W) Back “Faga 410-55 4i0-5 Paai4 t. CaaaA pumm Hag Ha. 554J4 Scala l*«50* . ................I iiA<1P>iift»iniii< I I III I -.l<—* ■!... rii <r ilMiliniiiMiiiiiflliiiiliti CITY OF ORONO 2750 Kelley Parkway P.O. Box M Crystal Bay, MN 55323 (952) 249-4600 ZONING RLE: 03-2944 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: September 16. 2003 TO: Jon A. Menth 2930 Casco Point Road Wayzata, MN 55391 COPIES: TYPE OF APPLICATION:Hardcover Variance DATE OF MEETING: September 15.2003 Planning Commission recommended as follows: Approval to ■‘eplace a 10 ’ x 26’ deck consistent wiui staff s recommendation. This stipulates that uiiy patio existing beyond the footprint of the deck be removed, however, if upon attempts to remove the patio it becomes apparent that the patio in its entirety is needed to uphold the integrity of the remaining patio the entire patio can remain. VOTE:FOR AGAINST Applicant’s next scheduled meeting is confirmed as: City Council - Monday, September 22,2003; 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 Citv Planner Janice Waataja at 952-249-4623. f .. • •. , • ■ ■ MO-2944 Stptcmbcr IS. 20(0 Page 1 ofS Date Applicatioo Received: 8-19-03 Date Application Considered as Complete: 8-19-03 00-Day Review Period Expires: 10-19-03 To:Chair Smith and Planning Commission Members Ron Moorse, City Administrator From: Date: Janice Waataja. City Planner V.O V» September 11,2003 Subject:03-2944, Jonathan Menth, 2930 Casco Point Road - Hardcover Variance • Public Hearing Zoning District: Lot Area: Lot Width: LR - 1C, One Family Lakeshore Residential District ('A acre min.) 0.348 acre (15,156 s.f.) 90 feet Application Sitmmary: Applicant requests the following \ ariance to reconstruct a 26 x 10’ deck on a property that is currently over the allowable hardco\ er amounts. I. Hardcover variance to allow 48% hardco\ er in the 75-250’ zone when 25% is normally required and 48.5% currently e.xists. Sta^Recommendation: Staff recommendatious: 1. Approval based on the condition that the deck is replac.ed in the exact location of the previous deck (26’ x 10’), with the exception that the staircase be moved within the footprint of the deck and not extend towards the southwestern property boundary and the patio existing beyond the footprint of the deck be removed. Pertinent Zoning Ordinance Sections Section 10.22, Subdivision 2: Lakeshore Hardcover and Land Alteration Regulations. Section 10.56, Subdivision 16 (L): Hardcover Limitations. List of Exhibits A - Application B - Adjacent Property Owners’ Acknowledgement Form C - Existing & Proposed Survey/Site Plan D - Submitted Hardcover Calculations E - Removal Plan F - Proposed Plans and Elevations G - Photograph H - Assessor’s Record 1 - Property Owners List J - Plat Map ScpCcmbcr IS, 2003 Page 2 ofS Background The applicant submitted plans to rebuild an existing deck. Prior to submitting plans for a variance the e.xisting deck was removed. There was no building permit for this deck and therefore staff is unable to confirm the decks size. The survey submitted shows a proposed 26 x 10 foot deck. The applicant has stated that he will be replacing the deck that was tom down and the new deck will be of the exact size and shape as the old deck with the exception of a staircase that will be moved within the footprint of the deck to reduce hardcover. Staff has no way of confirming the size of the deck prior to it being tom down. The latest assessor’s records show a 26 x 6 foot deck. Because the deck is being replaced over existing patio staff will assume the applicant is merely replacing the 26 X 10 foot deck, not anything larger. LOT A.NALYSIS WORSHEET Lot AreaAVidth; LR-IC Lot Area Lot Width Required 21,780 s.f. ('/: acre)100’ .Actual 15,156 s.f. (0.348 acres)90.08 ’ Setbacks: Structural Coverage: LR-IC Required Existing Proposed Front 30’n/a n/'a Rear 30’30.6’ (street)30.6’ Left Side 10’15.6’15.6’ Right Side 10’14.5’14.5’ Lakeshore 75’90 ’83.5 ’ Average Lakeshore I 80 ’101.5’91.5’ Total Lot Area Total Structural Coverage 15,156s.f. (0.348 acres)Allowed: 2.273 s.f. (15%) Proposed: 2,218 s.f. (14.6%) 'i3 I M03-2944 Scptcmlxr 15,2003 Pag*3 of5 Hardcover Calculations; Hardcover Zone Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover 0-75 6,898 s.f Os.f 0 s.f.*0 s.f. (0%)( O^o)( 0«/o) 75 - 250 8,258 s.f.2,065 s.f.4,008 s.f.*3,968.45 s.f. (25%)(48.5%)(48%) After exclusion of fabric or plastic-lined landscape beds Hardcover Variance The applicants are required to apply for a hardcover variance because the existing property is over on hardcover. A patio currently exists under where the deck is proposed and therefore hardcover amounts will not change on the property. The deck that was there prior to demolition included a staircase that extended towards the side property line. The new plans for the deck /eplacement show the stairs moved within the footprint of the deck. Because the previous staircase was not over the patio, hardcover is being reduced by 40 square feet w ith the relocation of this staircase. 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 appiications for variance th^ Planning Commission shall consider the effect of the proposed variance upon the health, s-jcty and . elfate of the community, existing and anticipated traffic conditions fight and air, dang '# of fire, rL k to the public safety, and the effect on values of property hi the surrounding area. The Planning Commission shall consider recommending approval for vft iances 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 considetotion, and shall recommend approval only when It Is demonstrated that such actions will be in keeping with the spirit and Intern of the Orono Zoning Code. Staff finds that a hardship exists in that the property is over on hardcover wiuh or without the replacement of ihe deck due to an 859 square foot patio. The applicants are merely replacing a deck that was rotted and unsafe and hardcover amounts will not increase. The Planning Comnussion should discuss whether the applicant has the right to replace a deck which has already been tom down and no evidence exists to confirm its size. The planning C‘^*''’;iiisjion should a! ',o discuss whether this is even important due to the existing patii and that the lot isn’t over on stmctural coverage. Because the 75-250 ’ hardcover exceeds ih • 7'% limit, staff would recommend that the existing patio be reduced in an attempt to reduce hardcover on the property should a variance be granted allowing the deck to be replaced at 26 x 10 foot size. » #03-2944 September IS, 2003 Page 4 ofS Suff would make the following recommendations in regards to the criteria for “undue hardship” pertinent to this application; 1. 2. 3. 5. 6. 7. 8 9. “The property in question cannot be put to a reasonable use if used under conditions allowed by the otTicial controls." The property could exist in its current state. “The plight of tht landowner is due to circumstances unique to his property not created by the landowner." The unique circumstance is that the property had a deck which was non- conforming due tc the level of hardcover on the property. “The variance, if granted, will not alter the essential character of the locality.' Both adjacent houses have lakeside decks. 4. “Economic considerations alone shall not constitute an undue hardship if reasonable use for the property e.\ists under the terms of the Zoning Chapter. Not applicable “Undue hardship also induces, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted fo- 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 permined under this Chapter for property in the zone where the affected person's land is located." Decks are permitted uses in residential zoning districts. “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 appbing to the structure or land in question are peculiar to such property or immediately adjoining property." At some point a deck was bund and has been a part of the existing home for some lime. During this time, circumstances which happened on the property have brought it into non-compliance. This creates a special condition applying to the structure. "The conditions do not apply generally to other land or structures in the district in which said land is located." Some decks are built and at some point come into non-compliance unbeknownst to the property ow ner due to other changes which have occurred on the property, however this does not apply generally to the district. M3-2944 Scptcnbtr 15,2M3 PaptSafS 10."The granting of the application is necessary for the preser\ ation and enjoyment of a substantial property right of the applicant." A substantial property right of the applicant is to continue to have use of a structure which has persisted on the property for some time. Replacing the deck due to unsafe conditions becomes necessary for the preservation and enjoyment of the applicant. 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 proposed variance will not be detrimental in any way. 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 the hardship of having a rotted, unsafe and therefore unusable deck Issues for Consideration 1. Because the deck was tom down prior to applying for a variance, and there is no record of a building permit, should the applicant be allowed to replace the deck 26’ x 10 ’ or 26’X 6’? 2. Should the applicant be required to remove any patio in an anempt to reduce hardcover? 3. Are there any other issues or concerns with this application? Staff Recommendation Approval of a hardcover variance for the 75-250’ zone allowing a 26 x 10 foot deck to be replaced subject to removal of a portion of the patio outside the footprint of the deck (see Exhibit E). kmdiimi EXHIBIT A CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S2SO.OO ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 Afrer-the-Fact Fees (Double application fee) Application # Date Received Amount Paid PROPERTY INFORMATION Site Address ^ ^« • Property Identification Number (P.I.D.) /7Z 33/ OOS*y Attach legal description to application if not included on required survey. Date Prauftitv Acquired /99 / A • * A * «I (do)/do n^'also own the adjacent parcels of land. PresentTBCw property: residential ___^oiher (specify) Zoning District: (month/year) Phon. ____ ■ _____ _________ Phone (workK C-fZ. 7^ Z.C ^ Address: Co re. a Cir.-: Zio: ^"19/ APPLICANT - , OWNER (if different than applicant) Name ______________ Phone (fvomeX Phone (woric) Address:Cio.t Zip:. DESCRIPTION OF REQUEST Es^nated Construction Cost $ _____ Describe request in detail: 'y (attach additional sheets if necessarvi VARIANCES REQUIRED Lot Area Lot Width Hardcover Lot Coverage Setback:Front Side Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY' CONDITIONS Describe undue hardship or practical difficulty or unusual properly conditions preventing compliance with Zoning Code requirements: _______________________________ (attach additional sheeu if necessary) » % V 1(W* ^ • y m • i i Q) 1 1 i p,p- REQUIRED SUB^flTTALS «nPl lr.«on 1. 2. / Completed Application Fonn I 3. 4. 5. 6. _Z. Certified Property Owners List of owners within i srv j • obtain this list, labels and map from ** y Govt Center, 348-5910). ^ ^^^rtmcnt of Finance, A-603, ~ iSi“^dmo„';";^aeTno 7. 8.Additional items as may be requested by City staff. APPLIC^T’S SIGNATURE Administrator, agrees^to ^y Lditio^rfe^^L^J^^^^^ reqwsted by the Zoning consultant expenses incurred in review of thi^ ;»nnr r j ^ ^Sinal fee payment) and/or supplied i, Je „d correct torbrof -he mfo""aUo„ Applicant's Signature_Date OWIVER'S signature entry onto the proprm by'cl” MlX^onsulUb’ ajenB'coi^I!?!,*^" authorizes reasotuble members for purp,g^^^^"'^ J p “t* Co»oi' Owner’s Signature \_y ^ ^'/f '•O 7 -----------------—____________________Date Applicant must have all submittals into the Ciiv nfnr^e •?< .4, u e Meeting. Planning Commission Meetings ue held on ftW*]!?' h “"‘e* Commission Applicants must be present at all scheduled! r.cu ^ ^ Monday of each month. CouncU. If an applicant is unable to anend a schldUed m!ef ^ the Planning Commission and have an authorized agent attend in \our olace and ‘ ** arrangements to change prior to the meeting. ^ *‘*''‘*® * ^omns Office of this - ^ ..n r . • •V.^ s ^4 .^*4*. r.,*. Tt *-—~~ -natr irtii A r. exhibit b Adjacent Property Owners' Acknowledgement Form I (we) 3a>rr U/^a / of 2fh [pnnt name(s)}[print address] proposed improvement or proposed use of the property located at pyo QpCg «i<fz /gn^lso 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 ("^®) (®*"®) aware of the improvement plans and that the proposed neighbor ’s project or use requiaes Council approval. rKerty Owner / ^3 Property Owner Date ~—' I (we) ./m^a^ C jsco [print name(s)] [print address] proposed improvement or proposed use cf the property located at Ogaa> 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) i^aEc)-aware^fthc improvement plans and that the proposed neighbor ’s project or use requires Council auprovah\ Property Owner Date tofrertyOwner / 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. 8 rr •r* _rv U b S9 - ".•! ^rJ' ‘JV <r43l^ # aamnc4ir or svkvet - pw^juied /vr Mr. Jon A Month N Legal Description Jrict N, grgi.\leiT>i LtuJ Sunrj- Ai> 4Gl £kisiing H^Mccrpr ^0’-Z5‘J C ^rc€i A tdd (w BoneJ • €,698^ f sgt A Sotting Mtrdccmtr f?S^^50'J: fkHiSR • 1958 4 jy A JVmrAt»Y* • 8/8 7 ft c\*nr/^tR • 5*V 8 .rj ft • 8/08 7 sx/ ftMs/ 9s res/ Arss (in sens/ * 8.P578 jy ft f/sfgecmr • OJ7 (376SJ Ibis/ 9srcs/ Arts • /X/58 Sg Ptspnssd Abrdcsntr (75'^950/ /fnu.tp • / 958 4 sg A OscS m Mi9g wg ft 8/scMtop • 8/8 7 sg ft Cbocrsts • 9/96 sg ft fbts/ • 80/83 sg A forest Ares (in moos/ " 89578 sg A fivpnssg Msnfcsprr » 0365 (365-^ KAHtAtS UMAta^-CAMBOL UMD svtmnms. me $S9S flvtor tsms Urn StfmsmiM. 88 $§447 nmsiTSSf U§ 9SS§ fM i7tS) $SS-$47§ / O eiXVO Denctss fbund /ton monument Osnotes set iron monument Osnotes ejosUng s/ee f $474$7 94rWf U«l Ul» MTV*/ f^M •f TTfsei w§ frpftr>< $f me 47 mUee my Slretl amperHsiett 4s4 that t am a Smiy HaglHaftS ismS Siaraafae mmdet the favt at CA« State at iUmmeeeta Sa amrmyeS $y ma UUe StS Sep at tame. SSS3 £X0(-^- ne Mm IIKIf (Sf Soek-Pete 4i0-t$ 4iS~S Scale r«jo*Sens f. Crmek ne§ 8e. U4I4 *v . nHonssA HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 250-500 EXHIBIT D 500-1000' EXISTING HARDCOVER IN ZONE A. House- LtntA mm S.F. X X X 5.F. S.F. S.F. B. Garage C. Driveway S.F. X X b/%n S.F. S.F. D. Sidewalk X X S.F. S.F. E. Patio/Deck X X 53/- e vf r.1+0 F. Landscepe Undent By Plastic Or Fabric X X X _ S.F. nut'*' 75 —Trr* fo.r -) S.F. S.F. S.F. G. Other S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A B i,7 ^7. ^ xioo S.F. A KZ57. if S.F. % B PROPOSED HARDCOVER IN ZONE A. House Ltngth 1,‘fSi ‘f S.F. mm X X X S.F. S.F. S.F. B. Garage C. Driveway S.F. X X Oltl S.F. S.F. D. Sidewalk X X E. Pat io/Deck X X F. Laridscape Underlain By Plastic Or Fabric X X X G. Other S.F. TOTAL HARDCOVER IN ZONE - TOTAL PROPERTY AREA IN ZONE A * B atbl.% xlOO i.F. A Itb'l.'t S.F. B • % iL il .. u H -A . j axnncdir or suRvrr - nuFArso /v» Mr. Jon A. Month N LegaJ JloscripUoa JYact M Hegtsiered land Survftjr Na £nM^ Haidccfar OX Patraf 4raa On aona) • 0,0900 ft SJastmg Mardcomrr f7^0‘'-030’/ Jjhm ^ 19304 S4 ft Oinckiop * OIOT sg ft Cbnerata * 3Jl O sq ft fbisi • JtJOOr sg ft Pateai Oran fin woaaj • 09570 sg ft HnrOeoffar • 0JTfJ76XJ rau/ ParcaJ Aran • iOIOO Sg Ft fivpoaad Hnrdcovar f73‘^930/ Hnuna • 19904 sg ft Pack • 9190 sg ft ffiscktcp "■ OiO T sg ft Cancraia ^ 919 0 sg ft % rri'iiy Jbtst Farce/ Ares On sane/ * XO/OJ sg. ft 0,9570 sg ft FropasaO MarOcatmr » 0J05 (30 SX/ r/aaon um sutmnroK, me. MJf flkrtor Umo He. ai/mmta, m aa44? ftMiYW ••• aa a a au djast aaa^fa / o rOOOO Panatas founO tron manumant Penates set iron manument Panatas estsOno a/aa f awhf teaatf U«C tMi» MTV*/ ^iMi «r ropmrt mm me •r mm4m mf atrmtt maomafrn mm4 IlUC 1 mm m amij amgiatmrme Um4 amrmfma mm4ar CA« l«vt mi CA« Juu mi tUmmmmim. Am mmrmmfm4 */ mm IAi« flA 4m/ mi tumm, IMS. aim Mm llmt§ (§) ammk-amim 4t0-a$ 4l§-4 Semtm i’maa*ammiS E Crmmk mmm. am$. Urn. aa$l4 •• ..•• •.* ‘ • » tai b c 't '•'?>- ■\ r^^oop.p/'»l-6 ** HI li di ■. :) II l| t* r II \\ il • .i >':{ • ,r.. I* ’■ ! 1 i I Mli iii n1 i-.;!1 > ... • • •• ir m mm if- mcy:*t:v pV <I* V -<• 11|*1^ i/< ‘1 ('• - ‘i • '3 t I &.i<-,i-lr sioi^ 4' ,. ‘A ,.C' ^Idi i-11 7 ». 4 r’/'i^ 1 L'\Z 1'Kr.V fl" D H.t •rmA^: o |^.\- UcrjrD f * /. r >1 f .’-m. fc "'a s»v / .1- !'• fr'/r: *!J ^!/,•!!<l^'^-•-^ I/-. »!a«! ri'r* -!j:. llO'j;V" Kxi^f c- HOiJsr^- '*^. iollH'Jli')' ■.---= i • A — Z* 2>*0 p i.Vrr<:v .] ^ Clil --------------- .1 ’*• 41 I'i Ni ^t (^. '.’' - p 'tZ' Jxlc«i * _(SX, li}' £ 0 i - .. .... II * \lM >* i' i'^n t/IV / a-e> -•® a « 0 ,! I P Sf I j! ‘0 li’lH a *5^a*a • I • •« • > — I »^4•o v'- I 6 b) I 4 >r • • ‘ • • • •♦ %• ^ *# • /---------------------JC> -O ^ I !,'* I • ... I I • Kx i6 o'JSI • ' ^ A ••«»*• • ♦«• * ..........r ■ • - >r--------------------------------------- .......................... — —— • — ............................................. ------------ • m , 9m0 0m •• 2.6-0 .« ' , 4-0 1 m St ’ ff. m- 'i y> v/^ ■kjS^ilk PmU I ITV i '±L C4 (4 i4 U I p I n ■ j.Q-U 7 •. -^1 'Cu')"! Annul V*/. V(. j-^c 83 fc • ! I I I •i !It* • « 4 t . I : • I • 1 XX mm t>v>1 <»i X:Mci > I • i . i i • I I':Ilf I I I •:I t« 11 k . RENTALS • SALES DATE CONSIDERATION RENTS BUILDING PERMIIS It 11 III iilMl >o TYPE PORCHES ii _0ii __xiL Att 2a I • _McX7_ \3k DECKS ARAGES aa OTHER BUILDINGS iiia/ DAT I NUMIH H lYI’l AMOUNt COMMENTS DA IE RUN DATE :I/IW2<ID) 3t 20ll72]}i002l ADOR 2910 CASCO POINT RO IBRNAME PHHiJPADeTnrNICCUM »AYER PIIILUPiNICCUM NAME/ADOR 2910 CASCO PT RO WAYZATAMN 33)91 31 2011723310034 PROP ADOR 29)0 CASCO POINT RO OWNER NAME JONATHAN A MENTIISUUJAJ! TAXPAYER JONATHAN A MI-NTH NAME/ADOR 2S*40SUNNYVAU-lANI- I-XCI-I^IUR MN 333)1 38 201172)310047 PROPADOR 2941 CASCOPOINTRD OWNERNAME COMIDTHUNAKAMIDTIIUN TAXPAYER CURTIS * KATHIJ l-N MIDI I lUN NAME/ADOR 2941 CASCO POINT Rl) WAYZATAMN 33391 38 201172331007) PROP ADOR 2918 CASCO POINT RO OWNERNAME TH MATTHEWS A M T MATTHEWS TAXPAYER TRACI IIA MICHAEL T MATTHEWS NAME/ADOR 2918 CASCO POINT RD WAYZATAMN 33)91 1 • •i •- \ . • ■ ,• / / z I V .V 0-*. r HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM pRoiM-xi yowni ;rs list PAOE. I 38 2011723310032 PROP ADOR 2916 CASCX) POINT KD OWNERNAME ROBERT II POWELL JR ETAL TAXPAYER ROBERT IIPOWEU JR NAME/ADOR 2916 CASCO POINT ROAD WAYZATAMN 33391 38 201172)3100)3 PROP ADOR 2920 CASCO POINT RO OWNERNAME PRAFDPICHELMAN TAXPAYER FRANK D PICHELMAN NAMEZADDR 2920 CASCO POINT RD WAYZATAMN 3339. 38 20II7233I003S PROP ADOR 2940 CASCO POINT RO OWNERNAME SC A LM HANSON TAXPAYER SCOTT C A I.VNimT. M HANSON NAMI7ADI )R 2940 CASCO l-OINT RD WAYZATAMN 33391 38 2011723310036 PROP AINJR 2948 CASCO POINT RO OWNERNAME PAULFJOlINCOX TAXPAYER PAIJI.FJOHNCOX NAMli/AUDR 2948 CASCO IVINT RO WAYZATAMN 33391 38 20II7233IU048 PROPADOR 2933 CASCOPOINTRD OWNERNAME AUDREY AGAIJJSTEL TAXPAYER AUDREY OAU JSTEL NAME/ADOR 2933 CASCO POINT RD WAYZATAMN 33391 38 2011723310072 PROPADOR 2912 CASCOPOINTRD OWNFJINAME MOnARRETTADMIlARRinT TAXPAYER MICHAEL D BARRETT NAMI/ADDR 2912 CASCX) POINT RD WAYZATAMN 33391 38 2011723420006 PROP ADOR 38 ADDRESS UNASSK jNEO OWNER NAME HENNEPIN FORFEITEO LAND TAXPAYER HENNEPIN FORFEITED LAND NAME/ADOR NOTFORSAIF/UNDER WATER IN I'XEMTKA I CERTIFY THATTHB FACTS REPRESEFTTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARSTHIS DATE ON THE RECORDS OFTHE HENNEPIN COUNTY TAXPAYER SERVICES DEPARTMENT. TO THE BEST OF MY KNOWLEDGE AND DEUEF. « ja .,-z. DATE BY 1 ivitni , lu mu PCD I /’I .till Hennepin ; 7 I Hennepineounty yss.; ^ payer Servi^i Department - ‘ -; iim im •M: “i" -I • *'^. ■ /.•’••r** . *.*V -.7 V e ^ 0 ^ <S»v^7 xT ^ ^ , <•. \\ ■«» »* .V 1115 /•<* / Q ■>.-X^ R JMJ **csr »»»>/^ i \ "■ '>'23)/' ^22; yx '" *yvse-:.r)^ f#/ - ■^ *• le* / ^•* (53) y .y<t-/'•• J$l ^.o.«/^y>C ^34;:. ;S '\ .// S' ^'70 ^35J T'>'oi»-^\ /?\“ '»•*■-•» C’ '.' *■■ ' > > Parcel Information 'P 20117^10034 •A^^ynous* Number 2^0 Stmt Hmmm CAS^O POINT RD Thkb^'altgtttyncofdtdmsp. n npns^ k comfiiMon of intonnatton anddUrtom City. County, and Stato mad autfiotliias and othor oourcos. • U. I 4 Application Date: 8-2IMI3 60-Day Review Period Endi: 10-19-03 4^* * ’ REQUEST FOR COUNCIL ACTION SEP 2 2 2003 • 6 On I v>r 0 Date: September 18,2003 CONSENT AGENDA ITEM Item No.: / 5 Depariment Approval:Administrator Approval: Name: Michael P. Gaflron Title: Planning Director Agenda Section: Zoning Item Description: #03-2946 Otten Brothers Nursery, 23S0 W. Wayzata Boulevard - Amend Commercial Site Plan (PUD-1) Zoning Dbtrict: Lot Area: B-6 (PUD-1), Highway Commercial District, Planned Unit Development West (primary) parcel - 6.45 acres East (accessory) parcel - 3.65 acres List of Eihibits A - Amendment No. 2 to PUD-1 Agreement for East Willow Woods (for adoption) B - Notice of PC Action 9-18-03 C- Memo and Exhibits of 9-12-03 AppUcMiom Summary: Request for an amendment to PUD-1 commercial site plan approval to allow construction of a greenhouse roof system over a small portion of the property l^tween the existing principal structure and the greenhouse roof system approved in 1998. Planning Commission Recommendation The Planning Commission reviewed this item at their September 15 meeting and on a vote of 7-0 recommended approval as presented. Staff Recommendation Staff reconunends approval of the request per the Planning Commission recommendation. Because this is a Planned Unit Development (PUD), the formal action document takes the form of an agreement rather than a resolution COUNCIL ACTION REQUESTED Adopt or direct staff to revise the attached No. 1 Agreement for East Willow Woods. iNumber 2 To Planned Unit Devel i CITY OF ORONO HENNEPIN COUNTS', MINNESOTA AMENDMENT NUMBER 2 TO PLANNED UNIT DE\TLOPMENT NO. 1 AGREEMENT FOR Eaat Willow Woodi Clifford L. Otten. Developer THIS AGREEMENT. Made and entered into this day of ,2003 by and between the City of Orono. a municipal corporation organized under the laws of the State of Minnesota (hereinafter called “City ”) and Clifford L. Otten, his heirs, successors and assigns (hereinafter called “Developer”). WITNESSETH: WHEREAS, the Developer entered into an agreement dated April 23, 1990 (hereinafter called “Agreement") to develop East Willow W'oods as a Planned Unit Development on all the terms and conditions set forth in that certain Agreement; and WHEREAS, the Developer and the City amended the Agreement via an amendment dated October 12,1998 (hereinafter called “Amendment No. 1") to allow for the construction of entrance monuments, a loading dock, and a greenhouse addition adjacent to the principal structure; and WHEREAS, the Developer has requested a further Amendment (hereinafter “Amendment No. 2") to allow for the construction of an additional greenhouse roof section adjacent to the principal building and the greenhouse; and WHEREAS, the City Council has granted approval for such Amendment No. 2, after a public hearing and consideration and recommendation by the Plaitning Commission. NOW, THEREFORE, in consideration of the premises, and of the the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1. Property description: Property description for Amendment No. 2 is the same as for the Agreement. 2. 2SDills: Property continues to be zoned as a Planned Unit Development under the Orono planned unit development ordinance with underlying B-6 zoning. Initials of Developer Initials of City Clerk, Page 1 of 4 ► 3. 4. 5. 6. 7. S. 9. 10. 11. 12. 13. 15. Permitted uses: Amendment No. 2 allows the greenhouse roof addition as shown on Exhibit A. In order to minimize lighting impacts outside the property, greenhouse shall not have production lighting. Site access: Site access remains unchanged from the Agreement. Building Design and Construction: Building design and construction of the greenhouse roof addition in Amendment No. 2 shall be constructed according to the plans on file with the City of Orono. Height : The height of the greenhouse roof addition shall match the height of the existing greenhouse roof system adjacent to the addition. Signs : The signs and signage shall not be changed from the requirements of the Agreement. Compliance: The obligations of compliance in the Agreement are extended to include this Amendment No. 2. Binding Effect: The binding effect of the Agreement is extended to include this Amendment No. 2. Notices: The notice provisions of the Agreement are extended to include this Amendment No. 2. Incorporation bv Reference: The plans, specifications and contracts for the improvements in the Agreement and for this Amendment No. 2 are made part of this Amendment No. 2. Disclaimer bv Citv: The Disclaimer in the Agreement is extended to this Amendment No. 2. Hold Harmless and Indemnification: The Hold Harmless and Indemnification of the Agreement is extended to this Amendment No. 2. Remedy for Default: The Remedy for Default in the Agreement is extended to this Amendment No. 2. Controlling Agr eement: The terms of this Amendment No. 2 will first control its reading, and it shall be read together with the terms of the Agreement and Amendment No. I. These three documents shall control to the extent that there is any difference or ambiguity between and among them and other agreements betw een the City and the Developer. Initials of Developer Initials of City Clerk, Page 2 of 4 IN WITNESS WHEREOF, the City and the Developer have caused this agreement to be duly executed and to become effective on the day and year first above written. In Presence of:CITY OF ORONO BY: (Mayor) BY: (City Clerk) DEVELOPER Clifford L. Otten Reviewed for Administration by:Dated: Initials of Developer Initials of City Clerk. Page 3 of 4 muftiMimamimrfr- 1 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this__day of ,2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal coiporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instnunent 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 STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of me, 2003, Clifford L. Otten personally appeared before 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 Initials of Developer. Initials of City Clerk. Page 4 of 4 s CITY OF ORONO 2750 KcUcy Parkway P.O. Boi 66 Crystal Bay, MN 55325 (952) 249-4600 ZONING nLE #03-2946 NOTICE OF PLAN'MNG COMNOSSION ACTION DATE OF NOTICE: September 18. 2003 TO:Clifford L. Otten Often Bros. Nursery 2350 West Wayzata Blvd. Long Lake, MN SS3S6 COPIES: TYPE OF APPLICATION: PUD Amendment for Greenhouse Roof Addition DATE OF MEETING: September 15, 2003 Plaaalag Commlssioa recommended as follows: Approval as proposed. VOTE: 7 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as: City Council - Monday, September 22, 2003; meeting starts at 7:00 p.m. i 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 • Application Date: t>204i3 60«Day Review Period Ends: 10*19<03 To:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator From: Date: Subject: Michael P. Gaffron, Planning Director September 12,2003 #2946 Otten Brothers Nursery, 2350 W. Wayzata Boulevard - Amend Commercial Site Plan (PUD-1) • Public Hearing Zoning District: Lot Area: B-6 (PUD-1), Highway Commercial District, Planned Unit Development West (primary) parcel - 6.45 acres East (accessory) parcel - 3.65 acres Application: Request for an amendment to PUD-1 commercial site plan approval to allow construction of a greenhouse roof system over a small portion of the property between the existing principal structure and the greenhouse roof system rqjproved in 1998. Staff Recommendation: Approval. List of Exhibits A - Application B - Updated Survey C - Proposed Site Plan Revision D - Construction Plans/Elevation Views E - Resolution No. 2692 (Sept. 1989) - Original Site Plan Concept Approval F - Resolution No. 2794 (April 1990) - East Willow Woods Plat Approval G - Amendment No. 1 to PUD-1 H - Original PUD Agreement & Attachments I - Photos J - Plat Map K - Property Owners List Summary of Request Plaimed Unit Development No. 1 (PUD No. 1) was approved in 1990 for Otten Brothers Nursery and Landscaping for a commercial development at this site and the property was subsequently so developed. In 1998 the City adopted Amendment No. 1 to PUD-1 to allow a greenhouse roof system to be constructed over a 19,000 s.f. area just east of the main building. This construction left a 20* X 92' (1840 s.f) open corridor between the greenhouse and the main building, which applicant now wishes to cover with greenhouse roofing in a similar maiuier. oiaatadH #2946 Often Bros. September 12,2003 Page 2 The new covered area will be used for virtually the same retail sales function as currently exists, but will provide for a more controlled environment and protect customers from the elements. No site grading is anticipated as part of the greenhouse project, and the existing w alkways will remain in place. PertineDt Code Requirements ^s property was created and the existing site plan approved via a Planned Unit Development (PUD) ^ocess, which involved a subdi\ision and rezoning to B-6 (PUD-1) and which w as subject to a PUD Agreement defining standards and conditions for how the property may be used This Agreement (Exhibit H) works in conjunction with the B-6 standards which govern the site Proposed Greenhouse Roof Design "IJe ^nhouse is essentially a steel frame stnicture of posts and trusses supporting a polycarbonate sheeting roof system, with side panels and roof vents that can be opened as needed The ‘fill-in* portion will be identical to the existing roof system on either side of the corridon.and the applicant wiH be able to describe the features which tic the rtvo buildings together architecturally. Building Official Lyle Oman has noted that the existing greenhouse has a fire sprinkler system which will be extended to include the new roof area. All buildings onthe site are on Lot 1. East Willow Woods. Lot 1 is approximately 6.5 acres in area, and the proposed roof addition will increase structural coverage of Lot 1 (including buildings and s-f- (23%) to about 68,000 of louts addition, the current proposal is completely over existing hardcover that existed in 1998 A stormwater drainage pond does exist at the northwest comer of the site. height and setback requirements of the main Sd!ng^* **'^^** significantly lower than the 32’6" peak height of the E------------------- #2946 OttCD Brot. Scpttmbcr 12,2063 Page 3 General Site Plan Review Permit activity since the original 1990-91development of this property has been minimal, including occasional interior remodeling of the commercial tenant spaces, signage, landscape sprinkler systems, a thatched-roof gazebo, and the 1998 greenhouse enclosure and loading dock construction. A thorough site plan review was conducted in 1998. The current use of the site has not changed appreciably in the interim! Due to the access location for the StoneBay project west of Willow Drive, Mr. Otten has been advised to consider a future relocation of his Willow Drive access point to a location further north and directly across from Kelley Parkway. It is anticipated that the increase in southbound traffic stacking north of the 12/Willow intersection as time goes by, may ultimately make Otten Bros, customer exiting more difficult, and a relocation of the Otten (Mveway will help that situation. This can be dealt with at some future date as the need arises. Issues for Consideration 1. Does Planning Commission have any specific concerns with the proposed minor greenhouse roof addition? 2. Are there any specific site plan concerns regarding current use or activity at this site? Staff Recompiendation Staff recommends approval of an amendment to the PUD-1 Agreement to allow construction of the greenhouse roof addition as proposed. ii'nnininii»aiim i A Application #03 Date Received Amount Paid WO/ob .CO CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address J3^o U). ^ MAjl) i>- Type of Application to be Filed______________________________________ Property Identiflcation Number (P.I.D.)_______ APPLICANT ^one (home)__________________ Name a r=r/r a) Ev JL (work) Addressa;?^^ig; /jJ. 7./)T^ ^J. VO City Zip OWTifER (if different than applicant) Name JS ^7"r£A/ Address jO. i) , J^ox ..JVC_____ Phone (home) _____ Phone (woric ) City jLQj)^ Zip Dali^roperty Acquired (do))(do not) also own the adjacent parcels cf land. (month/year) FEES - CONDITIONAL USE PERMITS - _____$ 75.00 For each variance request with CUP application _____S250.00 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 and filling - 501 cu. yd. or more _____ Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see Fee Schedule $150.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Cuaent Application Fee OTHER APPLICATIONS _____ 5275.00 Commercial Site Plan Review (+ consultant fees) _____$300.00 Vacation _____$250.00 Easement Vacation ______S 100.00 Easement Vacation With Subdivision ______S350.00 Rezoning (PUD - refer to fee schedule) ______$375.00 Comprehensive Plan Amendment ______$100.00 Appeals Other • see Fee Schedule >1 3. require ^ UBMITTALS 1‘ -------^p>mpletcd Application Form. Describe request in detail. _ Certified Property Owners List of owners within .i . must obtain this list, labels and map from HennJIin r * A-603, Government Center, 348-3271) ^ * ounty Department of Finance, '■>' * ““■»«' .0 h,r.d,„, for ,„„ e, A A A _ ^ 1^ l___i m • • 4. 5. 6. 7. ■ application if not included on required survev _ Topographic survey (existing and proposed contours! if • changes in elevation (grades). ' ” alterations mvolve 8. 9. ^^anges in elevation (grades). —■ List of the legal names (include marital ?fahic\ «r — • .ppiL,(s)‘ As an addendum to this application pleLe aTach a ' persons you wish notified of this applicaUon. separate list of any other FOR REP^DUCTIO^^ DOCUMENTS OR COPY S103MITTED. (Staff wil/rU^^scaS^aw^ DOCUMENTSsubmitted.) arawings of all documents, plans, etc. to be The Applicant and Property Owner mu«t cion *v.'» i* Wlicalion is no. complele if U,e above infonn«ion has'Srj^^' faoS wSc.e*a?stff'-------------------------------------Date__________ APPLICANT’S SIGNATURE Applicant’s signature OX^’NER’S SIGNATURE members for pumoses of^es.igatiop and verif.^^^^J^^”'®*'' Council OvvTier’s signature 7^sfnji Applicant must have all subnets into »h* r-.,. «• „ • 7 on the lWrd°MonW Pinning Commission MeetLra scheduled meeting, please make arrangements to have an auAoJ!^^’ •F?Jcan* is unable to attend a Building & Zoning Office of this change prior to the meeting ^ ^ ^ ' J»JSO.OO - E*. .'••‘Mo*00 •■-•♦.•a !««••••••••*< ItACKTO^ lUtfACI • EX5TMC • BlUINC tmTmCANOPY • lACAfOP suiirACC f----^0 • as? »•« existing BUILDING DOSTMG GREENHOUSE ,■ SWorACt i I 1 ^ « ?; i I---------------------------------->i*— ........ ...• — — ......................................................-........................... i. ' I N 86*39*08'* W 542J1 U. S. HIGHWAY NO. 12 * \ !C' -- ................... L-403.«t USM. CESCHiMiW V P«KiS£S ; Owt'Att A. c. nM 0. twt «i l(9» esS9^d«< ; o 1^# p*ot intfAPf OA filt or of rteord In Iho Qffict of tho Rod«»tfOf of Titlt* in ond for ooid Count>. Ai.S0 - _ . - . _ _ __ _ _^ f_ TmiaaI0?i 1 ond 2. tioek I. loot WHIoolMt. occord.nd to th€ plot IMfiof on filt or of rteord in tKt 0ff*«t of tM Rtolotror of Tititt In ond for told County O : iti^ltt iron fOtrUtr •ooriuft tuoMi oro ^oood upon on ofIMi idlii*' ...ST a ssrr-*u;us s:;^.*^i^52.’a*;:ur.rirsxii/s.s:sa.‘;;'^tood'np RMlUUSHr- u BLACKTOP SURFACE o C 12041 8 EXISTING sBUILDING 1200 \ DOCK I ‘4o ‘S«- EXISTING CANOPY O' BLACKTOP SURFACE /I I , *------------- / ) u >.EXISTING CANOPY 201J / EXISTING n 1---------- EXISTING CANOPY 144.0 fCMMieb : BUILDING EXISTING ■ GREENHOUSE i HZO EXtSTMC CANOPY iiao !S 21 BLACKTOP SURFACE EXISTING SHED I ^-^v^RICMT-Of-WAY OF TRUNK MGHWAY NO. 12 PER MNDOT RKHT-OF-WAY PLAT NO. 27-57\ -r—KfjM'Ai------------------------------------------ I i#»,i - - - * - - • N 88*39* 08" W 542.81 ilA I I ® @ • M MMt* • -B IMI I 1 ,T— 1 1 1 l-rn—J 1 S- • » ____1 --------------1 ------- 1 J____ I >N I —Sf ’fmi u«M mm' 1 ---- ifttjira I f!l S) 1 1 1 1 1 « ) « -------------------ir^ ' ■ ■ . ? 1 0 -IT- ®e»- m/m It* •€ (•)® ©00©©®O©®©(^©©©O©0©0® i® <t1i i ^} (> i » <> <» 1 ■m-r m mm m\ VATION CD (Ji.> ^yi^jiua M iMum-i BE-------------------------rtis—1 I KBGS*——ss-----11 iM IMt* MMS A-1 1 "SSL 1 mmm • < MMOliitiilBBi rJ I A to c (^? §25S^ mr .;V-M -»i-i.«irinraa»T^ City of ORONO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 2692NO. A RBSOLUTIOH APPROVING yse general concept stage of a pud rezoning application THAT INCLUDES A PRELIMINARY SUBDIVISION, vacation and COMMERCIAL SITE PLAN REVIEW PILE NO. 1428 WHEREAS, Clifford Otten of Otten Brothers Nursery and and drainage and utility easements within the ' and a commercial site plan review for commercial subdivision, of the properties legally Lots 1 and 2, Block 3, Ringerswood and Outlet A, Ringerswood, Hennepin County, Minnesota (hereinafter "the property ); and WHEREAS, after due published and mailed accordance with Minnesota Statues 462.2 58 et. seq. and the City cLmfsYion^hSld^a^publVc^hea^ing^on*^ 21, times all persons desiring to be heard concerning thi comprehensive application were given the opportunity to speaK thereon; and WHEREAS, at their regular meeting held on September 11, 1989 the Orono City Council considered the application for a Planned Unit Development rezoning consisting of a subdivision, vacation and commercial site plan review, noting the following findings of fact: 1, The property is located within an area adjacent to Highway 12 that would be permitted special land use considerations per the directives of Comprehensive Plan Amendment No. 2 and under Sections 10.52 and 10.53 of the Municipal Zoning Code. 2. Per Section 10.52 entitled "Special Requirements for Rezoning in the Highway 12 Corridor Study Area , the application has been found to satisfy the standards set forth as follows: A) The total area of the proposed commercial portion of the Planned Unit Development consists of approximately 13 acres. The rezoning standards would require a minimum of 5 acres for consideration. Page 1 of 7 City of OROrVO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. __2692 he proposed plan satisfies the objectives of the Transportation Plan of Comprehensive Plan Amendment No. 2 as applicant has provided dedication of access for Highway 12 and a road outlot to serve as an east/west frontage road. C) Municipal sanitary sewer and water has been ordered to serve the property. D) Applicant has provided detention areas on the site and will provide more detailed drainage plans upon approval of the general concept stage and as a requirement of the final development stage of the PUD rezonlng. E) The PUD zoning and format of development I'S preferred within the Highway 12 Corridor. F) The exterior of commercial building proposed for Lot 1 of the commercial subdivision shall be of a combination of tan and dark brown concrete blocks with split-face stone finish with trim of dark brown and green to match annodized aluminum with clear glazing used through area where plant materials are maintained. All accessory structures shall be of tho same exterior finish and exterior colors. G) Applicant shall enter into a Development Agreement with the City to specify timing of all Improvements associated with the development and developer's financial commitments related to those improvements. 3. The residential portion of the subdivision application involves a lot line rearrangement of existing residential lots. Each of the newly rearranged lots satisfies the area and lot width standards finding that each lot can continue to be used for residential use and future construction without the need of further variances. 4. The proposed vacation of Pine Ridge Lane is consistent with the directives of Comprehensive Plan Amendment No. 2 as the applicant has dedicated a road outlot through the commercial portion of the property for an east/west frontage road. Page 2 of 7 jn 1 City of OROINO CITY \ OF ORONO ■ h^.i A RESOLUTION OF THE CITY COUNCIL NO. 2692_ _ _ _ _ proposed Vacation of existing drainage and utility easements within existing Lots 1 and 2, Block 3, Ringerswood is acceptable as new drainage and utility easements will be dedicated along newly created lot lines of the residential lots. C/9T^ ^ 6. The commercial site plan for proposed Lot 1 of the commercial portion of the subdivision has been found to satisfy all pertinent standards of the underlying B-6 zoning district. Per the directives of Comprehensive Plan Amendment No. 2, B-6 zoning standards shall be applicable for all commercial development within the Highway 12 Corridor. NOW, THEREPORB BE IT RESOLVED, that based upon either one or more of the findings noted above# the City Council of the city of Orono hereby approves the general concept stage of the Comprehensive Planned Unit Development rezoning application for Clifford Otten of Otten Brothers Nursery and Landscaping per the survey entitled "Preliminary Plat", dated June 23, 1989 by McCombs Frank Roos Associates Inc., subject to the following conditions : 1. Outlet C shall be realigned along the southern border of Lot 1 to straighten out the curving of the roadway. ^ 2. Final adjustment of lot line rearrangement of Lots 1 and 2, Block 3, Ringerswood to be finalized subject to the approval of the zoning staff of the City of Orono. 3. The final plan must locate the eastern portion of east/west frontage road (Outlot D, Sugars Wood) to confirm alignment with Outlot C of current subdivision. 4. Submit new legal descriptions for commercial portion of property to be rezoned to PUD with underlying B-6 zoning and redefined southern boundary of RR-IB residential zoning district - subject to review and approval by Orono. 5. If temporary (ingress only) access is approved off of Highway 12, applicant is to submit written permit—fXfiSL MnDot. In addition, applicant's commercial site plan is to be~amended tq confirm location of curb cut approved by MnDot, Page 3 of 7 j City of OROINO CtTY •;^0F !6rono RESOLUTION OF THE CITY COUNCIL NO. 2692 approval by Minnehaha Creek Watershed District of all grading and drainage plans for the PUD development. Applicant shall prepare for formal application to the MCHD providing design storm sewer calculations for ponding areas# grading and drainage and soil erosion plans. Applicant shall provide all Information prepared for the MCWD to the City offices as soon as these plans and specifications are complete for the City's review. 7. Septic testing for residential lots is required as original test sites have been negated with the rearrangement of lot lines. Final approval of plat and development stage shall be delayecl until septic testing can confira there xs adequate area within the newly rearranged lots to satisfy septic code. — ‘ - —. . . 25' of Pine Ridge Lane that abutts north lot line of Lot 1# Block 3# Ringerswood shall not be approved for vacation by City# but shall remain as an access corridor to Lot 2# Block 3# Ringerswood via Dickey Lake Drive. All access to \ /MStr". residential lots via Highway 12 shall be dis^ntinued with \ the approval or tnis subdivision and pup rezonlnql * 9. The City to approve vacation of drainage easements within Outlot A# Ringerswood and to extinguish original Conservation and Flowage Easement over said wetland area. In exchange for the redesignation of drainage easements over newly defined detention areas within the commercial portion of the subdivision. The City to acquire drainage easements over said detention ponds and drainageways within the subdivision. Detention ponds are to be defined as drainage easements on the plat. The width of drainage easements shall be established by the City Engineer prior to final plat approval. I 10. The commercial site plan must reflect the following changes: A) All private driveways must be of a 30 width where lane also serves as a fire lane. -‘minimum ndscaping plan - loc _____, _________ plantings. * C) Detailed lighting plan - type and location.^ ^ Page 4 of 7 .JL_. City of OROINO CITY OF ORONO i ■: iVri RESOLUTION OF THE CITY COUNCIL NO. 2692 ________ Total signage plan. ^uJCdL loading berth - Conditions noted above and ^he following final submittals must be submitted as part of the final development stage of the PUD rezoning application and must be submitted to the Zoning Administrator 30 days prior to a Council meeting held on the second and fourth Mondays of each month: A. RECORD PLAT drawings in the form of two (2) mylar copies and one (1) copy reduced to l"-200'. Drawing to include: ? a) Lot lines platted per survey by McCombs Frank Roos Associates, Inc. and if amended revised plan must-be approved by City staff final to surveyor preparing final plan. b) Dedication of "drainage and utility easements" 10' wide along all perimeter property lines and 5' each side of internal property lines. c) Designation and dedication of drainage easements over all drainage ways and detention ponds within the d) Define open space/buffer area to residential property, east/west frontage road and property to be deeded to City to house municipal well as outlets. e) Show alignment with Outlet D of Sugar Woods along east side of plat. f) Dedicate additional right-of-ways for adjacent public roadways as follows: i. 7' additional right-of-way for Willow Drive; ii. 10' additional right-of-way for Highway 12. lame of subdivision. " B-auCt^ Page 5 of 7 j I i City of OROINO CITY OF ORONO £i-'' RESOLUTION OF THE CITY COUNCIL NO. 2692 DOCUMENTS required: a) 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. b) The applicant must provide certified copies of all recorded easements currently affecting the property. c) Signed and executed drainage easements over detention areas and drainageways within the plat (see sample enclosed). d) Executed road and utility easement over east/west frontage road, Outlot C (see easement enclosed). e) Executed Development Agreement by applicant an: City. Development Agreement shall identify timing of all of the required improvements associated with the development and developer's financial ccmmitment related to these improvements. A final development plan shall be attached to this agreement locating all structures, driveways, landscaping, define use of each area within proposed structure, areas devoted to open space defined in square footage, par)cing area, define area to be used within Lot 2 for temporary use by landscape operation. No signage shall be allowed on bot 2, only on Lot 1 where the principal use is defined. A Letter of Credit shall be submitted with the Developer's Agreement for all improvements not completed by final approval of the development stage of the PUD. The Letter of Credit shall be made out to the amount of 150% of the cost of the Improvements yet to be completed. C. DETAILED SITE PLAN suitable for recording showing the of easements, rights-of-way, utility lines ana facilities, lots, blocks, public and common open space, general landscaping plan, and structure. D. SOIL EROSION CONTROL PLAN as approved by the Minnehaha Creek Watershed District and the Orono City Engineer. ^ Page 6 of 7 Tiii 1 A \ I. i mM 1 • * V'^CITY V p.,' I ■ iVv.pOF-. City of ORONO V/j.y-i; TORONO RESOLUTION OF THE CITY COUNCIL NO.2692 TO BE PAID: Total Due $6.050.00 a) Park dedication fee per current schedu $500 per acre « $6,500.00 b) Final plat fee « $150.00 c) Legal review and filing fees of $300.00 (Trtal due $6,950.00 less overpayment of $900.00 paid with original application fees for road) Adopted by the City Council of the City of Orono. Minnesota at a regular meeting held this 11th day of September. 19B9. ATTEST: Jar.es\R. Grabek.^ayor •orothy MTfHallin. City Clerk STATE OP MINNESOTA ) ) COUNTY OF HENNEPIN ) 8S. The foregoing instrximent was acknowledged before me on tnis 11th day of September. 1989. by James R. Grabek 6 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. LAURIE n ICHEFFIER NOTAll RklK - MiNNiSOfA c vr f' KlNNtFlN CCXiNTY My Commission Expires Page 7 of 7 1 \ t . i-, V kvm City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2794 ________ A RESOLOTION APPROVING THE PLAT OP EAST WILLOW WOODS PILE MO. 1428 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 regulations for the orderly# economic and safe development of land within the City; and WHEREAS# the cxty Council has considered the application for a subdivision of a plat by Clifford L. Otten (hereinafter "the subdivider"); and WHEREAS# per Resolution #2692, the subdivider has submitted an executed Planned Unit Development Agreement for the City Council's consideration and final execution# said agreement sets forth the terms and conditions of the PUD rezoning (hereinafter referred to as "PUD-1")# said agreement shall govern if there is a conflict with other documents created with the implementation of Application #1428; and WHEREAS# per Resolution #2692, the subdivider has submitted an executed Developer's Agreement providing for the installation of certain improvements as a condition of commercial site plan approval for the comprehensive garden center use; and WHEREAS# the subdivider has submitted an executed Sewer and Water Agreement for the Council's consideration and final execution that sets forth the allotment of current and future sewer and water units to the subdivider and a schedule for their payment and agreement to sell Outlet B to the City of Orono for a future municipal well and pump house site; and WHEREAS# the subdivider has submitted an executed road and utility easement over Outlot C# the future east/west frontage road that limits construction of said road until either one or more of the four following conditions are realized: 1. Until such time as the developer# his heirs# successors or assigns# request same; or Page 1 of 5 City of ORONO cim .. . OFT ' fiQRONa RESOLUTION OF THE CITY COUNCIL NO. 2794 *uch Lime as an easL/west frontage road is constructed from Willow Drive through East Willow Woods and Sugar Woods to Brown Road with one southerly extension from Sugar Woods to Highway 12# and another southerly extension to Highway 12 to line up with Brimhall Lane; or 3. Upon the rezonlng of Lot 1 and/or Lot 2# Block 2# East Willow Woods# to a commercial zoning district; or 4. Upon the development of Lot 2# Block 1# East Willow Woods# separate from the ownership or uses of Lot 1# Block 1# East Willow Woods wherein access to Lot 2 shall be via Outlot c unless the City# in its sole discreation, determines that alternate access is adequate for said Lot 2. WHEREAS# the subdivider has completed all requirements of the platting regulations of the City# Including: platting requirements of Resolution V 2 o 9 2 • 2. Dedication on the plat of right-of-way for a public road shown as Willow Drive. 3. Dedication on the plat of Drainage and Utility Easements. 4.Creation of four outlots for the following purposes: Outlot A is designated as an open space area to serve as a drainage/detention area and as an area providing a landscape buffer to residential properties to north. The suMivider has granted separate drainage easements over this drainage area. Outlot B is designated for a municipal well site and pump house and to be owned by the City of Orono upon sale by subdivider. Outlot C is created as a future east/west frontage road. ^ Outlot D is set aside for additional right-of-way for Highway 12 for future acquisition by the Minnesota Department of Transportation. Page 2 of 5 ■; cit;yt- ; fO ' op - I QRQNaJ vv.'i- ./m City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2794________ >ncurrent with the creation of Outlet C# the future east/west road» the subdivider has dedicated to the City a road and utility easement granting to the City permanent accessf improvement and utility easements over said outlet. Other limitations specified with the granting of this easement have been noted above. 6. The Minnehaha Creek Watershed District (permit 189-192) granted approval of grading^ drainage and erosion control plans by McCombs Frank Roos and Associates on 11/14/89. 7. Approval of septic testing for residential Lots 1 and 2# Block 2, East Willow Woocsr confirming that the newly configured lots each have adequate area for on-site septic development as follows: Lot 1, Block 2 - tested sites for principal and alternate. Lot 2 - existing principal system is satisfactory. Alternate septic testing confirms adequate area for on ­ site sewage treatment system. 8. The Orono staff and consultants have reviewed the plans for this comprehensive application and hereby specify approval of each enclosed plan and indentify them as part of the official record for the East Willow Woods subdivision and PUD No. 1: A) Approval of commercial site plan with internal signage by Kilstofte Associates Inc. Architects dated 4/5/90. B) Approval of grading# drainage and soil erosion control plan by McCombs Frank Roos Assocates dated 11/15/89# printed 4/6/9C. C) Acceptance of elevations of mai.t building/accessory building by Kilstofte Associates Inc. Architects printed 1/4/90. D) Approval of landscape plans by Otten Brothers Nursery dated 6/23/89. E) Approval of signage plans by Kilstofte Associates Inc. Outlets printed 4/5/90. Page 3 of 5 City of ORONO I'i^ ,0P ; QKQNO RESOLUTION OF THE CITY COUNCIL NO. 2794 went to the City of a Park Dedication Fee in the amount of $6,500.00. 10. Payment to the City for the legal review and filing of the plat agreements, easements and covenants in the amount of $300.00. 11. Payment of the final plat fee in the amount of $150.00. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono hereby approves the plat of East Willow Woods, Hennepin County, Minnesota; subject to the following condition: 1. Upon the final approval and execution of the resolution approving the plat of East Willow Woods, the Council pf the City of Orono shall formally approve an ordinance amending the official zoning map of the City to now Include a Planned Unit Development (hereinafter referred to as "PUD-1") for the lands now referred to as Lots 1 and 2, Block 1 and Outlets A, B, C and D, East Willow Woods, Hennepin County, Minnesota. 2. Upon the execution of the final plat of East Willow Woods, the City Council of Orono shall direct its Mayor and Clerk to execute other documents required by this subdivision and PUD rezoning, included but not limited to the following: Planned Unit Development Agreement, Developer's Agreement and Sewer & Water Agreement. The Orono City staff shall determine which of these documents shall be filed against the chain of title of the appropriate properties. 3. The aforesaid plat shall be filed by the City of Orono with the Hennepin County Registrar of Title's Office on or before October 23, 1990 together with a certified original copy of this Resolution and executed copies of the agree­ ments, easements and covenants noted above. The approval granted by this Resolution shall expire if 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 4 of 5 w. • cirv" :• OP ^ORONO City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2794 ed this 23rd day of April# 1990 STATE OFMINNESOTA ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of April# 1990# by James R. Grabek & 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. m THISISA L. NAAS NSTamv rteue • MMmcsorA HENNEPIN COUNTY My wiwwliiHi Notary Public My Commission Expires Page 5 of 5 J !: CITY OF ORONO HENNEPIN COUNTY. MINNESOTA AMENDMENT NUMBER 1 TO PLANNED UNIT DEVELOPMENT NO. I AGREEMENT FOR Fast Willow Woods Clifford L. Ottcn. Daveloper THIS AGREEMENT, Made and entered in this day of ^ 1998. by and between the City of Orono, a municipal corporation organized under the laws of the State of Miimesota (hereinafter called ”Cit>") and Clifford Otten, his heirs, successors and assigns (hereinafter called "Developer"). WITNESSETH: WHEREAS, the Developer entered into an Agreement dated April 23,1990 (hereinafter called "Agreement") to develop East Willow Woods as a Planned Unit Development on all the terms and conditions set forth in that certain Agreement; and WHEREAS, the Developer has requested an Amendment to the Agreement (hereinafter "Amendment 1") to allow for construction of a greenhouse addition adjacent to the existing principal structure and has requested to move the existing canopy: and WHEREAS, the Developer has requested that such Amendment 1 further allow for construction of a loading dock within Outlot C, East Willow Woods; and WHEREAS, the Developer has requested that such Amendment 1 ftuther allow the entrance monuments constructed within Lots 1 and 2 East Willow W'oods at the site entrance from Highway 12 to remain as constructed; and WHEREAS, the City Council has granted approval for such Amendment 1, after a public hearing and consideration and recommendation by the Planning Commission. NOW. THEREFORE, in consideration of the premises, and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1.Property description: Property description tor Amendment 1 is the same as that for the Agreement. Initials of Developer Initials of City Clerk Page 1 o£ 5 2. 3. 4. 5. 6. 7. Zoning: Property continues to be zoned as a Planned Unit Development under the Orono plaimed unit development ordinance with underlying B-6 zoning. Permitted Us«: Amendment 1 allows the greenhouse addition, relocated canopy and entrance monuments as shown on attached Exhibit A. In order to lighttng impacts outside the property, greenhouse shall not have production lighting. Conditionally Pemitted Uae: Amendment l allows the loading dock in the location shown on attached Exhibit A to remain in place and used until such time as the City deteimines that the road easement on which it is situated shall be opened. If the City then requires that the loading dock be removed. Developer shall do so at Developer’s expense. Site Access: Site access remains unchanged from the Agreement Building Design and Consimctinn- Building design and construction of the greenhouse and relocated canopy in Amendment 1 shall be constructed according to the plans on file with the City of Orono. Height* The height of the greenhouse shall be 18 feet. The height of the canopy shall be___ feet 8. Signs: The signs and signage shall not be changed from the requirements cf the Agreement. 9. Compliance: The obligations of compliance in the Agreement are extended to include this Amendment 1. 10. Binding Effect: The binding effect of the Agreement is extended to include this Amendment 1. 11. Notices: The notice provisions of the Agreement are extended to include this Amendment 1. 12. Incorporation bv Reference: The plans, specifications and contracts for the improvements in the Agreement and for this Amendment 1 are made part of this Amendment 1. 13. Disclaimer by City; The Disclaimer in the Agreement is extended to this Amendment 1. Initials of Developer Initials of City Clerk Page 2 of 5 *4 14. Hold Harnilcaa and Indemnification: The Hold Haimless and Indemnificatioa of the Agreement is extended to this Amendment 1. IS. Remedy for Default: The Remedy for default in the Agreement is extended to this Amendment 1. 16.Contfolling Agreement! The terms ofthis Amendment 1 will first control its reading, and it shall be read together with the terms of the Agreement These two documents shal 1 control to the extent diat there is any difference or ambiguity between them and other agreements between the City and the Deyeloper. Initials of Developer Initials of City Cleric L4aj Page 3 of 5 IN WITNESS WHEREOF, the City and Developer have caused this agreement to be duly executed and to become effective on the day and year first above written. In Presence of:CITY OF ORONO 9 (City Cleric) DEVELOPER J Reviewed for Administration: Dated: STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ^ The foregoing instrument was acknowledged before me this ! 0 dav of (L£Zi4i3^. 1998, by Clifford L. Otten. ' ------ |WaryPublic Initials of Develope r Initials of City Clerk Lu) Page 4 of 5 j __ STATE OF MINNESOTA ) )ss COUNTY OF HENNEPIN ) , 1998 by Gabriel Jabbour, Mayor, and Linda S. Vee, City Clerk, of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation. ■ _«SSSS!S»»»e. Notplr Public i Initials of Develope r ^ Initials of City Clerk Page 5 of 5 Copy ^ city of Oror.o Document Fora Revised 10/37 CITY OP ORONO HENNEPIN COUNTY, MINNESOTA PLANNED UNIT DEVELOPMENT NO. I AGREEMENT FOR East Willow Woods (Name of Dovelopaent)NOV 1 9 IISO Clifford L. Ottan (Naae of Developer) THIS AGREEMENT, Made and entered into this 23rd day of April, 1990, by and between the City of Orono, a municipal corporation organized under the laws of the State of Minnesota (hereinafter called 'City*'), and Clifford Otten, his heirs, successors and assigns (hereinafter called 'Developer'). WITNESSETH: WHEREAS, the Developer has made application to the City Council for approval of a Planned Unit Development rezoning application (PUD) and resolution no. 2692 of the City that granted preliminary approval of PUD, subdivision and plat approval for East Willow Woods, and commercial site plan approval; and WHEREAS, the City Council has granted approval for such development on the condition that the Developer enter into this agreement to provide for conformance with the City's Planned Unit Development ordinance (PUD), all on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the premises, and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1.Property Description: Lots 1 and 2, Block 1, and Outlets A, B, C and D, all East Willow Woods, according to the plat thereof on file in the office of the Registrar of Titles, Hennepin County, Minnesota (sometimes herein referred to as the 'Property'). 2.Zoning: The Property is zoned as a Planned Unit Development under the Orono planned unit development ordinance with underlying B-6 zoning. The Property nay be hereinafter referred to as PUD-1. 3.Permitted Uses: The buildings and the signs shown on 'the site plan attached for which the Developer has requested Page 1 of 6 Initials of Developer Initials of City Clerkjggi^ 1 __ _ _ _ A 4. building permits are to be constructed only on Lot 1. The first floor of the nain building. Including its greenhouse portion, has approxiaately 24,644 square feet of space with the Developer initially proposing to use approxiaately 14,244 square feet for his business, leaving approxiaately 9,600 square feet of rental space. The second floor of the aain building has approxiaately 9,600 square feet of space, of which the developer will use approxiaately 5,040 for his own business, leaving approxiaately 4,560 of rental space. The Sitorage building, including covered storage, has approximately 7,200 square feet of space. The production greenhouses (approxiaately 4,920 square feet) are also shown on the site plan attached. The Developer's uses of Lot 1 specifically include sales, service and rental uses for a landscape and garden business, including yard and garden equipment, and supportive and related uses. The permitted uses of Lot 1 include the Developer's above described specific uses, the zoning district B>6 permitted uses, and the zoning district B>1 permitted uses except arts and school supplies stores, barber and beauty'shops, books, magazines, record shops, drugs, candy, ice cream, soft drinks, cosmetics and other usual drug store merchandise, dry cleaning and laundry pick-up stations including incidental pressing and repair, jewelry shops and repair, laundromats, music, newsstands, pipe and tobacco shops, retail foeds, tailor shop, and wearing apparel. Other uses may be allowed subject to an amendment of this PUD. Lot 2 cay be used for the storage of plant, garden and landscape related supplies and materials in conjunction with the Developer's use of Lot 1. Lot 2 may also be used for zoning district B-6 permitted uses. In conjunction with Lot 1 use and under same ownership. Lot 2 may be improved with structures subject to City issuance of a conditional use permit and commercial site plan approval so long as such structures are built of the same materials and of the same quality as the developer's structures on Lot 1 and so long as such structures are greenhouses which are auxiliary to the Developer's business on Lot 1. Such conditional use permit shall require appropriate screening of the structures from Highway 12. Users shall be obligated to conform to all applicable Orono ordinances and to the provisions of this PUD Agreement. The foregoing uses are permitted pursuant to this PUD Agreement. Site Access; The present access to Lot 1 is via Highway 12 and Willow Drive. For the purposes of this PUD Lot 2 may only be accessed through Lot 1 and the ingress only access via Highway 12 and only so long as Lot 2 is owned Page 2 of 6 Initials of Developer ^ Initials of City Clerk S. 6. 7. and used by the owner of Lot X as part of the landscape and garden business on Lot 1. For special assessment purposes relating to the construction of a road improvement on Outlot C, the Developer agrees that benefit to Lot 1 from the road will not take into account the presence of the existing Willow Drive access; the City agrees that the construction of the road on Outlot C will not require the Willow Drive access be closed. The present access from Highway 12 to Lots 1 and 2 is approved as part of the PUD for ingress only. In its sole discretion the Orono city council by a three member vote nay approve the right of egress but only upon the request of the owner of Lot 1. If Lot 2 ceases to be owned and used by the owner of Lot 1 in conjunction with the use of Lot 1 or is developed independently, then Lot 2 shall be obligated to develop access via Outlot C unless the City in its sole discretion determines that alternative access is adequate. Building Design and Construction; The improvements on said Lot 1 shall be constructed according to the plans on file with the City of Orono. The building plans show a main building with a partial second floor and an accessory building, and production greenhouses, all on said Lot 1. The exterior of the building shall be of a combination of tan and dark brown concrete blocks with split-face stone finish with trim of dark brown and green to match anodized aluminum with clear glazing used through area where plant materials are maintained. ^ accessory structures shall be of the sane exterior finish and exterior colors as shown on elevation plans attached to this agreement. To the extent Developer builds structures on Lot 2 for use in conjunction with his business on Lot 1, such structures on Lot 2 shall be constructed of the same materials and of the sane quality as those on Lot 1. Height; The portions of the flat roof are at a height of 30' or less. The two story portion of the building with the gabled roof is 32'6" to the peak, 21'8* to the eave, and 27' to the mid-point. The height of this building to the peak not to exceed 32'6* is permitted pursuant to this PUD Agreement. Signs; The signs and signage in said Lot 1 shall conform to the Sign Plans (4 pages) dated April 5, 1990 on file with the City and are permitted pursuant to this PUD Agreement. In consideration of the fact that the said sign plans permit Developer's pylon sign to be closer to Page 3 of 6 Initials of Developer Initials of City Clerk^^^^lT 8. 9. 10. 11. 12. ! Willow Road than is otharvisa panaittad by ordinanca* Developer agrees to relocate such sign at any tlae that either Willow Road is upgraded and such road upgrading in the opinion of the City nakes the said pylon sign location a hazard, or prevents normal and custonary road maintenance. Compliance; At any time and from time to time the Developer may request that the City provide the Developer a certificate certifying that the terms and provisions of this Agreement have been complied with and that this POD Agreement is in full force and effect with respect to the development for the purpose of facilitating sale, mortgage, insurance, or other matters. To the extent that there be any bona fide defaults in such compliance, the Developer shall be afforded a reasonable time to bring the development into conformance, and thereafter the City shall be obligated to provide such certificate. Binding Effect; The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto. References herein to Developer, if there be more than one, shall mean each and all of them. This agreement at the option of the City shall be placed of record so as to give notice hereof to subsequent purchasers and encumbrancers of all or any part of the property. Notices; Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States certified mail (return receipt requested) to the addresses set forth belov. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. Notice to City City of Orono Clerk/Administrator P. O. Box 66 Crystal Bay, MN 55323 Notice to Developer Clifford L. Otten P. 0. Box 249 Long Lake, MN 55356 Incorporation bv Reference; All plans, specifications and contracts for the improvements furnished and let pursuant to this agreement shall be and hereby are made a part of this agreement by reference as fully as if set out herein in full. Disclainier bv city; it is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer or Developer^s contractors. Page 4 of 6 Initials of Devc?.oper Initials of City Clerk __ V I M > iXK m • 13. 14. 15. subcontractors, natarialaen, laborers, or any other person, firm or corporation, for any oebt, claim, demand, damages, actions, or causes of action of any kind or character, arising out of or by reason of the execution of this agreement or the performance and completion of the improvements. Hold Harmless and Indemnification! The Developer shall indemnify and hold harmless the City, the City Council, and the agents and employees of the City from and against all claims, damages, losses or expenses, including attorney fees, which the City, City Council and agents and employees of the City may suffer or for which it may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of this agreement by the Developer, its employees, agents or subcontractors, whether or not caused in part by a party indemnified hereunder. Remedy for Default; Default by the Developer of any of the terms of this agreement shall automatically result in the suspension or withholding of all permits, licenses, occupancy certificates or other authorizations issued by the City in connection with the property included in this development. The remedies afforded to the City under this Section shall be in addition to any other remedies to which the City may be entitled by law or other agreement. Default by the City shall entitle the Developer to seek injunctive/mandatory relief through the courts, together with other relief as the law may provide. Controlling Agreement. To the extent that there is any difference or ambiguity between this Planned Unit Development Agreement and other agreements between the city and the developer, this Planned Unit Development Agreement shall control. IN WITNESS WHEREOF, the City and Developer have caused this agreement to be duly executed on the day and year first above written. In Presence of:CITY OF ORONO •: /• ....1 f Jo q.l' A / f •/’w * ^ I / *1 * * * / // I ^ »f i 'j: \ I / ^ ' * Bv: (.Kaior) '— • •• THERESA L NAAS NOTAflV ^UQUO • MJNNUOTA HENNEPIN COUNTY My r'l------------ ------ Page 5 of 6 e Initials of Developer Initials of City 11 f^ho/rti!//I. Revi«w«<r for Adninistration: Data : /Lj^. 0 ^ M 9f____By: ^ty Offici( THIS INSTRUMENT WAS DRAFTED BY gilY OP nigo^lr» Official) TSkoJlgt^ Aftyj Sr^-P (name and addrets) STATE OF MINNESOTA) ) 88 COUNTY OF HE2INEPIN) The foregoing inetrument was acknowledged before me this 23rd SANDRA K. ROOENZ NOTARV PUBLIC • MINNESOTA HENNEPIN COUNTY My OiUMlon CspIfM S»pt n. IHI a«ppppp*p»pww»pwippppp»*»<tf»pppp»»i i {7 STATE OF MINNESOTA) )S8 COUNTY OF H2WNEPIN) The foregoing instrument was acknowledged before me on this 23rd day of April, 1990 by James R. Grabek, Mayor, and Dorothy M. Hallin, City Clerk, of the City of Orono, a Minnesota municipal corporation, on behalf of the corporate Notary Pub “ Initials of Davalopsr Initials of City Clar)c JnWA Page 6 of 6 / 1 ORONO OITEN POD AGREOfEIlT 1. 2. 3. 4. Plat ot East Willow Woods B-6 soiling standards Plans: CoBBsrcial Sits Plan (with intamal signaga) datad 4/5/90 Grading, Drainaga 4 Soil Erosion Control Plan printad 4/6/90 Slopa Analysis printad 4/6>‘90 Landscapa Plans 6/23/89 Elavations of nain building/accassory building plans 1/4/90 Road and Utilities Easeaant over Outlot C 4 i nhi iurwiiiMidlttlrifiii -i --iy' ' ' V . ; yr> Vr * ;VV' i' ■■■• ■ ' r 1 .; i .0- ! W EAST' WILLOW WOODS &T.OOCNa. |M9« **** A-M •«•!« I. rntm %, $t m * ^ M • mM mm mmm^ rnmmrn m m ^ tiMM mmm »m mm i« mmufg mmrnm m» «.. * tMW k.immrnmm' % •*mtmrnm tmi ^•tmm mH- M» * M mumrn $ tM* to . «« Ito «. mm ms m kmm •I m"* ato.to M« %m %, rnmm %. mi m Ml* m m •m4 t*a*t m mm »■• M * —« (■* iMtt mm $mm.snrxrnmmr %• ____ kmST9, •m*3Cm “ *»«•*• m »m mmm m mmm mm »— ■ MtM» to* • M M MB (••• m ammm mm m>*m« mm rnmmmm mmm^» « MM*** »..• mss to ZmmmT^mrZm. ^fSnBTZT^ m mmmm rnmmmS tmS tM#MM to tow mS i mS •-••. *aM M«w«« »•*« WM w*_________. t«^ . .* • to <to« tomS mH» to l«W*«B«M »MIIM <;iii6iTSsr ^\z,sr^,j%r\ to*«« • M«to<«U mm m to»» t « *M •‘•mmmm mm .wM»•M *« •MM* IM # •'>»■ —* •■• mmmm*mmrn Wm to _ __ . It_. to » tow to •« *«mm «m.m*••• to to* «■ wto to*« ttoito •iWi to itot to toiww mm to « to! • • • • M • ». ^tszrrwm . ! 4 IMC^ mm toStOClATCt. I«c• «•• ••• •••*••••#•a:: ^ . • !r.V. ooc. no. ___________ 3 0 20.45 SBCT20N 10.45 l-€ BlCmi COWSBCXAL OISTMCT 5ubd. 1. Purpott. Tht purpoit of tht B-S Bigbwoy CosBtxclal District Is to provitft a coBatrcial district apteifically tailortd to acconplisb \bt cosscrcial dcvciopsant objactivas of tba Bigbvay 12 Corridor Study Saetion of tba Orono Coaprahanalaa Flan. Subd. 2. Application. All applicanta for a building parait in any *B-€* Bigbway Buainasa District shall ba raaiawad by tba Council and rafarrad to tba Planning Coanission for raviaw. Subd. 3. Paraittad Daas. Bitbin any *B-i* Bigbway Buainasa District, no atructura or land aball ba usad ascapt for ©na of tba following uaas or uaas daaaad siailar by tba Council. A. Officas (business and professional). B. Banks and financial institutions. C. Libraries. D. Motels, and hotels. B. Bestaurants (Class I). Subd. 4. Balationsbip with Chapter 10.53 Planned Unit Developaent. Other types of conaercial uses and aised use developacnts aay be applied for through the planned unit devclopaent process. Applications that include cc^ercial uses within the Bigbway 12 Corridor shall assuae the B-6 District as the underlying roning district. Conditional Use A. Vi thin any *B-€* Bigbway Business District, no structure or land shall be used for one of tba following uses except by conditional use perait: 1. Any business listed as a peraitted use in the tone that includes a drive-thru condition. Subd. S. Accessory Uses, within any *B-i* Bigbway 10.45 Busintss District, the following uses shsll be peraitted accessory uses: A. Any accessory use as regulated in the "B-l* Business District. Subd. «. Area, Height, lot Width, Setback Requireaents and Design Requireaents. The following ainiaua requireaents shall be obsereed subject to additional requireaents and esceptions contained in Section 10.52 of this Title. I L . A. lot Area two acres B. lot Width 100 ft. C. Setback - principal Structure Front Side interior Side Street Rear 30 (35) ft. • 10 (35) ft. 30 (35) ft. 30 (35) ft. D. Setback - Accessory Structure Front Side interior Side Street Rear 30 (35) ft. ♦ 10 (35) ft. 30 (35) ft. 30 (35) ft. E. Setback - Parking Front Side Interior Street Side Rear IS (20) 5 (10) 10 (15) 10 (10) ft. ft. ft. ft. Setbacks in parentheses apply adjacent to all residential districts. • 30 (35) feet or 1 1/2 tiaes the building height whichever is greater in deteraining front setbacks for principal and accessory structure only. r. Drainage. Ho land shall be developed and no use 351.2 I1 • • • i • • - 10.45 •hall be pernitted that resulta In vater runoff causing floods* •roalen, or deposits on adjacent properties. Site and drainage plans shall be auboitted by the applicant In such detail as required by the Council and those plana shall be reviseed by the City Engineer before aubmisaion to the Planning coaaission and Council for approval* Such runoff aay be required to be properly channeled into a natural water course* ponding area* atom drain or other public facilities. Any change in grade affecting water runoff whether onto adjacent property or otherwise auat be in coapliance with the Surface Water Nanageaent Plan and shall be conaiatent with other applicable regulations or City Code prowisiona and subject to the approwal of other agencies having jurisdiction over the area affected by the drainage. G. Height* Ro structure or building shall exceed 2-1/2 stories or thirty feet in height except as provided in Section 10.75. B* At least twenty five percent (25%) of the land area Shall be landscaped with grass* approved ground cover* shrubbery and trees* At least three percent (3%) of the land area within a parking area shall be landscaped. The following ainisuB sisea shall be required at the tia# of plantingi Overatory Deciduous Treat 2-1/2 inches in diaaatar Ornanental Trees 1-1/2 inches in diaaeter ConiferouB Trees < feet tall Kejot Shrub Plantings 5 qellons Z. All trash and trash handling equipsent ahall be stored within the principal structure* within an attached structure accessible froa within the principal structure* or totally screened froa eye-level view froa public atreeta and adjacent residential properties. Zf accessory atructurea are proposed* they ahall be constructed of the sane building material •a the principal structure end be reedlly served through swinging doors. J. Gatagaa* aeeeaaory atruetures* aetten valla and 10.45 CBpowd BS9SS ot '^•11* •k#l 1 b# ot iibll^r typs# qutlity *nd appcirancf •• tbt principal atructurt. P. Tbt ground levtl vitv of all stchanieal utilities ■boll be cosplettly seteentd free contigueua properties and adjacent atreetSf or designed to be coapatible with the arcbiteetural treatnent of the principal structure. b. External loading and aerelce areas aust be eoapletely screened rroa the ground level via* froa contiguous residential or coanercial properties snd adjacent atreeta# except at access points. M. The light froa autoaobile headlights and other aoureas shall be screened vhtneeer It asy be directed onto adjacent residential windows. i I» • r.rj:!S5r..T"* ^•* «>• »%.0m »«••• •**•• •• •• —• '*771—^ • • ' *• ■ei:g5.• %« : ••v*:f>1. -M |- jiKL tif.i I i\s,uy, I I fsJOttTM ncacf >1 •a-s. . I 4ftADlU4.MA|UA4i. i CROSIOM COUTVOl. (A*r wMwtjOW WOOi»*M mrcu MOA. It I —i<M ^ . i i I ,L 9! ' 'F mm' m-r\ V"' S'- •'W- II jtti^^mM ii- ’ ‘V* ■■*■//■' •. ' .■>■••'> 'ft,.'-' V Vj. ' ..: ,.^' i - ■• ■-• • : -r •* •< * “A • L: ^ .• .V ^ C-" ''•f.iV ^ !>rt ■ »4 !l • . •»• t *>"7 .r-\-'____ tf ■ * ■/f •T V,*i^- . f #. ' j I.* ^ »v •• :^- r •* ».••T-. > ’•-■.* . v»* • . VV'.•'*■ .* —^•'.- :V. •. *•■*•■• - I .,-*. *•*.*/ ■•- ’ •■' .“»'** •* 7 *" /•:_-:a • •' • ‘ •'* ! .*; • .•r.-• '• -Vi>.:■ ."■•'■•• .•; ■^•^.V'-^ lltl ■■ i • •’j- , - -.r. A, 7 •* *■ • w «* ■ « 7^' \iS/*:' : ->.r vh 4- *&.‘V; ' ■’‘■^^±2 ■ •• -t. %• ' : «-. .. • ..- .,,v. - •■ • • •♦ --5-st:..*L»- ■>S m W.4 1\VV c-y^ B Vi-.<r n ' ¥ h „ *'V. > '^f '‘'■^f ________ *->. jjt.'f :jmm r -. Sf?^ r'SS' '■St,' iMSrtfa rjJWLhm; ^ i - :••..*•, lttJC»’i.<:ai-..i}—t. Tr r, f>-f »yi»jat<rtlini »)to fci ji (fnii,'«^»;,»,.,^ (J •• »• 'f ; < ,, ».»,%^m^j ■i»-r*"^ 1;^ J.--} ii • k.' * • >•• •* ‘ ^ ■ _ iii . kW-^, r'l 5,1 1! v.-;^ ycrlk'^. iaeafe : -r-Q ^ •• •.. r.-’ S,';rS%v • «*!«:i •* i V- r f !*!■ ^mmV***' '■■.J!~:2;'• Vif'- >ir ■ ? ■<• -<. , _y:£¥*. 'ii# »•■>c P-':.1? )i}*^■§m T ^ • 'j «. T V t :cs3 .' » ,v r# H •*« r~-^ Li'J I; »V I'i't ’i: '■.<ir- ' JLI;?<&.4.,1.S' * i ?•» ' I —I M, ,5^ --.a '-?-k 4 rf -Vl^* «Hlrt- ^ •M*-• .^»’ ' •» Vx'.-'’' ‘ Vi !§^''v^W'■';’:V'^’'i{i ? >• < * 'Iv ■-v.;;: •i,l t 'f r-' raasS?s,.4 .*. >' ‘ •* V •fell - K >*,' i.<r.''*< .v.>,>-l'r.‘ ill «C'- >; T::aw« :«0t>< m t l'3'.T'A ''■' ■ V'*/' > «%W> M> «« L ’ >4: r% , I '■ # ' I • 4w " .*. 1 C ^ I'W^ i:iiL4!’W^ *i.4icr fl . • "■ -i-'i V- ^.7)iW 7r. # ^4 Sj-iilltiJit■.^aBt^ii Jig f: ! :.': 1 ; j Th-P. S 'fif-’ni*' -, • -A V_i_L rt'?‘ |>^-V?- ^ *■*»' r* ^ b \'i-4 ^ I* - J « :fes^ ' '•fi«i^’>'V' ‘V'fl _ < -V?7 yT 7*^': *v tr^; ^.-' r^t •fc. L* • •'.'T •V.*. ' i 4? ' ^ t% . .•;;' ^v^•'' C' ^'Sm .',‘ h'.: ' ' ‘ i, ■ * _• r T' I • ■',' ^ .* . i, t > -I . * ' •»/*., /y.^Y^V /r.'*i. '■‘* * ‘ **. or ‘ ■ r^.4/ 'i' ■ Nf ^ *> V wi "If i»iu OK?v <r. .T'T^^ ■iJ&.vJt vir-Yii ' »r r ■ , ‘ '■ ,S* ■; '^i:. '•'■>',>.■!- •■ .- ‘ i *',‘' ’ -- J, l-^' • -, A‘ * »• • i: ♦ w* »^. ^ * * •- * ’ •»“ ■-■^' •* . ' _» V * * Vi ^ >-*1 <• ^ • Ki-i- ’ 'If* ■-‘*.!«'.'*i' *w* »>‘ic '^Sv .• J -• ^ ^ C’^B!'‘~^0“* 1, ®8fe?«KiR *C’ • ' *‘'3 i J ^ ▼ ‘t *«• .#. < fk I W V!? •».; o-•j.^-:-'«>-i , • .'-•» ‘^ • >.- V i • • • •»’A.**‘it '• m <M a r;*, s );f ■;*r' \V 1.♦•V -k. .^Y li- At vai^' i.-.^v!’;l r^v «'-' VA- 1~ -rrr ^ 0-A.. ROTiPr' K V. ' r* •W ? I mmuPi:^4v '6^* • ^/ ' * '■ 1 •;>^-I;'!- fl’.Sr,11 t ' <' ’ rTLi Ji • •• • •9 %W l-y —--.COKey 1. ^ ^ Jj6£ ^ J A ' rr.sr- M;. :i -.-.A ji',* M V ^t^DR-i--^ ^ L*j]P ■sv- ir-7 3- RINGERSWOOD ifflgy iMM IfOffT ^ i C My #_ fc ^ mu ru f > • Wo>« w fSai T :J ovTtoro aa§ I 1 E l«0SM*>J ’<'f Mnrinif 9or.n J! 1 mV ^2 WIU^ I ' ^15 /2S» * ^ /J 5 >•41^ 8 CEN TER 1 =ST msr rn. 1 5 1 ^ •1 Mftf / 'iro MrtjirMf AAffCA ai t. —ar-s 340 %. •*. gum J|0* 09 5 05) i LOA/G (44i J tA 1hr ict f^ytyzAfA > * m / rsT) 8 NEXJSTRlAt -----r ^LVO-W unr M PARK f»fuff I • ADDN MTfJW IM ! f^t999 K1 mti V •* mu > ». 2 mr.79 ' il! 1ERCIAL PSI s »i« S r 59i - ____________4 (Hi ip * ^•0/ - Siv» MC; DANIELS mw 3J-K •JH-M fi 93 *' RUNllArEtlT 72 3411123230056 PROf ADDR 2265 WAYZATA OLVD W OWNER NAME JOHNS SHELDON TAXPAYER JOHNS SHELDON NAME/ADOR 2765 WA YZATA DLVD W LONG LAKE MN 55356 w:.I IILNNl:»iN twUN f V IMM .. I INI i iKMA 1 IwN SN i I l.M PROI'LRI YOV^. ^<SLI2>T 72 34II«2J2]00S7 PROP ADOR 2265 WA YZATA OLVD W OWNER NAME X)IIN S SMELOON TAXPAYER CLIFFORD L OITEN NAME/ADOR PO BOX 249 LONG LAKE MN 5S3S6 I CERTIFY THATTIIE FACTS REPROSIiNfTED 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 DEUEF. ^ ^ f*—\ DATE • I 9 y i ‘ ^ AO' ^ ■ ■ -?H jML PAUL: 2 * 1 -------- p' RUN DATE :Va^J 3t 3)II«23IIOOOJ PROf ADOR 31 ADDRESS UNASSIGNED OWNER NAME OAIILSTROM DEVEU3PMENT LLC TAXPAYER OAIILSTROMDEVEU3PMENTLLC NAME/ADDR 7745 POURIS U MAPLE DROVE MN 53311 31 34IIS2322000S PROP ADOR 701 DICKEY LAKE DR OWNER NAME PAICPUGII TAXPAYER PATRICK A KAREN PUGH NAME/ADOR 725 DICKEY LAKE OR LONGUKEMN 5535A HONNCriN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST PAGE: I 72 33IIS23I40025 PROP ADDR 2410 INDUSTRIAL DLVD W OWNER NAME SYSTEM CAPITAL REAL PROP CRT TAXPAYER MC DONALDS 22 0322 NAME/AODR POUOK 66207 AMFOilARE CIIICACOIL 60666 31 3411823220006 PROP ADDR 725 DK'KEYLAKEDR OWNER NAME PPPUCIIAKLIIAOELEE TAXPAYER P PATRICK A KAREN PUGH NAME/ADDR 725 DCKEY UKE DR P IjONGUKEMN 55356 72 3311823140026 PROP ADDR 2400 INDUSTRIAL IILVD W OWNER NAME SPEEDWAY SUPERAMERICA LLC TAXPAYER SPEEDWAY SUPERAMERICA LLC NAME/ADDR C/0 PROPERTY TAX RECORDS 539 MAIN STS liNDLAYOII 45840 38 3411823220007 PROP ADOR 735 DICKEY LAKE DR OWNER NAME P O SKOOG A S I. SKOOG TAXPAYER PAUL A SHERRY SKOOG NAME/ADDR 735 DICKEY UKE DR lONGUKEMN 35356 31 3411823220014 PROP ADOR 2330 WAYZATA OLVD W OWNER NAME CALOTTEN TAXPAYER CLIFFORD A LOUISE OTTEN NAME/ADDR 00X249 LONGUKEMN 55356 38 3411823320017 PROP ADDR 2251 PINE RIDGE U OWNERNAME CALOTTEN TAXPAYER CUFFORD A LOUISE OTTEN NAME/ADOR PODOX249 LONG LAKE MN 55356 PROPADOR OWNER NAME TAXPAYER NAME/ADOR 72 3411823230001 2399 WAYZATA IILVD W GEORGAYN C KRAMER GEORGAYN KRAMER 2l70SIIEVUNnR WAYZATA MN 55391 38 3411823220015 PROP ADDR 38 ADDRF^ UNASSIGNED OWNERNAME CALOITEN TAXPAYER CUFFORD A LOUISE OTTEN NAME/ADDR OOX 249 LONGUKEMN 55356 38 3411823220018 PROP ADDR 38 ADDRESS UNASSIGNED OWNERNAME CALOTTEN TAXPAYER CLIFFORD A LOI USE OTTEN NAME/ADDR BOX 249 LONGUKEMN 55356 72 3411823230002 PROP ADDR 2365 WAYZJVTA ULVI) W OWNERNAME REABMIIAUGENETAL TAXPAYER OSCAR SEYED AIIOURIIIAKIMI NAME/ADDR 5905 BERNARD PL EDINA MN 55436 PROPADDR OWNERNAME TAXPAYER NAME/AODR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 3411823220016 710 DICKEY UKE OR 3 G WALVATNE a O F WALVATNE X3EL A DIANE WALVATNE 710 DICKEY UKE DR ORONOMN 55356 38 3411823220020 38 ADDRESS UNASSIGNED CALOTTEN CLIFFORD A LOUISE OTTEN BOX 249 LONGUKEMN 55356 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR ) 72 3411823230003 2345 WAYZATA OLVD W REABMIIAUGENETAL OSCAR SEYED A HOURI HAKMt 5905 BERNARD PL EDINA MN 55436 I V 72 3411823230023 PRINUINW 2225 WAY/AIA IILVD W OWNERNAME PERR3TS VENTURES INC TAXPAvm FeRRrs ventures inc NAME/AODR SMS W WAYZATA OLVD lONGUKEMN 55356 72 141 IK2l?l(li»ll PROP ADDR 572 TAMARAC K AVE OWNERNAME RHEALt)MPANY TAXPAYER RIIBALXNRPANY NAME/ADOR 13725 MAIN ST ROGERS MN 55374 72 141182121(1043 PKOIUIHW 2325 WAYZATA DLVD W OWNERNAME RKTIARDRRUUDBTAL TAXPAYER BUTE AUTO H RICHARD RUDD NAME/ADDR 2325 W WAYZATA OLVD LONGUKEMN 55356 t Date Applkalion Received: 09^3-03 Dale Application Considered as Complete: 09-034)3 60-Day Review Period Eipires: 11-03-03 SEP 2 2 2005 REQUEST FOR COUNCIL ACTION Oi I f wr Date: September 18,2003 Item No !O' Department Approval: Name: Melanie Foth l^j(r Title: City Planner______ Administrator Approval:Agenda Section: Zoning Item Description: 03-2949 - Doug Olson & Barb Bowers. 2601 West Lafayette Road •> Average Lakeshore Setback Variance - Resolution ________ Zoning Disti'ict: LR-IB, Single Family Lakeshore Residential, Lot Area: !.9I acre (83.575 s.f.) List of Exhibits: A - Resolution per Planning Commission Recommendation B - PC Action Notice 09-16-03 C - PC Memo & Exhibits as of 09-15-03 Application Summary: The applicant is requesting a variance from the average lakeshore setback in order to construct a Hr story addition above existing living space. The property is a peninsula and the existing home is situated entirely within the average lakeshore setback. Planning Commission Recommendation On September 15, 2003, Planning Commission voted 7-0 to recommend approval of the average lakeshore setback variance. Staff Recommendation Approval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. ..... A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1279.6 and 78-281(b) FILE NO. 03-2949 WHEREAS, Doug Olson & Barbara Bowers, husband and wife, (hereinafter “the applicants") are the o\Miers of the property located at 2601 West Lafayette Road within the City of Orono (hereinafter the “City") and legally described as follows: Tract C and F, Registered Land Survey No. 131, 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 Sections 78-1279.6 and 78-281(b) to allow a 2"^ story addition to the existing home that is situated entirely within the average lakeshore setback on a property that is a peninsula. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File #03-2949. The property is located in the LR-IB Single Family Lakeshore Residential Zoning District. 3.The Planning Commission reviewed this application at a public hearing held on September 15, 2003 and recommended approval of the average lakeshore setback variance based on the following findings: 0. The average lakeshore setback variance is supported by the conclusion that the existing views of the lake enjoyed by neighboring properties will not be atTected by the proposed addition. Page I of S !■ 5. b. Lot coverage by structures on the property is currently 9.5%, and will remain as such with the proposed addition, meeting the standard 15% limitation. c. Although the lot size is conforming with an area of 1.91 acres, nearly half of the lot is in the 0-75 ’ setback zone and the entire house is within the average lakeshore setback zone. d. The shape of the lot and the curve of the shoreline, as well as the fact that the lake exists on both the north and east sides of the property are hardships that ore unique to the property. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the eflect of the proposed variance on the health, safety and welfare of the communitv. I hc City Council finis that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not ad\ersely affect traffic conditions, light, air nor po.se 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. CONCLUS10.NS« ORDER AND CONDITIO.NS Based upon one or more of the above findings, the Orono Cits' Council hereby grants a variance to Orono .Municipal Zoning Code Sections 78-1279.6 and 78-28 1(b) to allow encroachment into the average lakeshore setback for a 2"'’ story addition, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as E.xhibit .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 applicant, but are permissive only and must be exercised by obtaining a building permit for Page 2 of 5 the new construction within one year of the date of Council approval, or the variance will expire on that date (September 22,2004). 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 applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of die applicant and the applicant's heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 22"^ day of September, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) Page 3 of S mkm 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 4 of 5 State of Minnesota ) ) ss. Count) of Hennepin ) This instnunent was acknowledged before me this __day of___ ___________, husband of_____________, husband and wife. ,2003 Notary Public State of Minnesota ) )ss. Count) of Hennepin ) This instrument was acknowledged before me this __day of _ _ _ _ _ _ _, wife of_ _ _ _ _ _ _ _, husband and wife. ,2003 Notary Public Page S of S ■ L' - '- i '• mmm\ ■. il; ' • -■' 'i' 1 ‘V " ' '.-'ifSli . , ..-r-'I'i , ■ 5l.«-.l.n. Apf l CITY OF ORONO 2750 KcUcy Parkway POB0X66 Crystal Bay, MN 55323 952.249.4600 ZONING nLE 03-2949 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: September 16.2003 TO: Peter Jacobson 339 2"** Street Excelsior, MN 55331 COPIES: Doug Olson & Barb Bowers 2601 West Lafayette Road Orono.MN 55331 TYPE OF APPLICATION: Average Lakeshore Setback DATE OF MEETING: Monday. September, 15.2003 Planniag Commission recommended as follows: Approval of the proposal as submitted: Applicant requests an average lakeshore setback variance for construction of a 2"*^ story addition above existing living space on a home situated approximately 90' into the average lakeshore setback. VOTE:7 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as: City Council - Monday, September, 22,2003; Meeting starts at 7:00 pm If you desire certified copies of the official Plaiming Commission minutes, they are available from the City Recorder after review and approval by the Plaiming Commission. If you have questions, please call City Planner, Melanie Foth at 952.249.4627. f FILEi03>2949 S«ptefnb«r 10,2003 Page l of 5 Date AppUcaUon Received: OWW-W DateAppIkatioBCoosidercdasCoaiplele: 09-03-03 60-Day Review Period Eipircs: 11-03-03 To:Chair Smith and Planning Commission Members Ron Moorse, City Administrator From: Date: Melanie Foth, City Planner I (J/ September 10,2003 u CONSENT AGENDA Subject:03-2949. Peter Jacobson for Doug Olson & Barb Bowers 2601 West Lafayette Road - Variance • public hearing Zoning District: LR-IB, Single Family Lakeshore Residential Lot Area: 1.91 acre (83,575 s.f.) AppUcation Summary: Applicant requests an average lakeshore setback v^ance for construction of a 2"** story addition above existing living space on a home situated approximately 90’ into the average lakeshore setback, Staff Recommendation: Staff recommendations: 1 , Approval of the average lakeshore setback variance as requested. Hardship: Staff finds that the peninsula constitutes a hardship due to the fact that the existing home is entirely within the average lakeshore setback.__________________ Pertinent Zoning Ordinance Sections Section 10.22.1(B) & 10.56.16(CK6): Average Lakeshore: The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. List of Exhibits A. Application B. Hardship Statement C. Existing & Proposed Survey/Site Plan D. Proposed Plans and Elevations E. Submitted Hardcover Calculations F. Property Owners List & Plat Map G. Photos H. Average Lakeshore Setback Illustration Background The applicant has applied for an average lakeshore setback variance in order to construct a 2"^ story addition above existing living space on a home situated ^proximately 90* into the average lakeshore setback. This addition is the fourth phase in an ongoing remodeling project. The existing home is situated on a property that is a peninsula. FILEM3-2949 SeptemlMr 10.2003 Page2of5 Shoreline of Lake Minnetonka exists on both the north and east sides of the property. The residence is located entirely within the average lakeshore setback, but due to the nature of the property the lake views from the adjacent homes are not affected. In 1996 variances for average lakeshore setback, lake setback, and hardcover were granted for “Phase 11" of the remodeling project. In 2000, “Phase 111” of the remodeling project consisted of a 1500 s.f. 2"^ story addition above the eastern portion of the home. Variances were granted at that time for lake setback and average lakeshore setback. LOT ANALYSIS WORSHEET Lot Arca/Width; LR-IB Lot Area Required 43,560 s.f (1 acre) Actual (Gross s.f)83,575 s.f (1.91 acres) Calculated Net square footage (minus the shared driveway easement) 78,055 s.f (1.79 acres) Setbacks; The property is a peninsula which causes the average lakeshore setback to be located between 150 to 250 feet from the OHWL. The existing home extends beyond the average lakeshore setback up to 90 feet. The entire home is within the average lakeshore setback area. Structural Coverage; Total Lot Area Total Structural Coverage Gross = 83,575 s.f (1.91 acre) Net lot area (minus the square footage of the shared driveway easement) = 78,055 s.f (1.79 acre) Allowed: 11,708 s.f (15%) Proposed: 7,480 s.f (9.5%) No Change Average Lakeshore Setback Variance The property is situated on a peninsula, which places the existing residence entirely within the average lakeshore setback. Due to the nature of the property it is both implausible to meet the average lakeshore setback and to block the views of the lake from the adjacent properties. The applicant's are proposing a 2"*^ story addition above existing living space. Hardship Statement Applicant has provided a brief hardship statement in Exhibit B. Hardship Analysis ___________________________________________________ /if considering applications Jor 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. StalT finds that the applicant's proposal would not further restrict the views from the neighboring properties than that of the existing home, and a hardship exists due to the nature of the property being a peninsula. Staff would make the following recommendations in regards to the criteria for ‘'undue hardship" pertinent to this application: I. “The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls.” The property is located on a peninsula with almost half of the area within the 0-75 ’ zone. In the opinion of staff this criterion is met. FlLE«03-2949 September 10. 2003 Page 4 of 5 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.' The proposed addition will not affect the views of the lake enjoyed by adjacent properties. 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.” The applicant has not indicated economic considerations as a factor. In the opinion of staff this criterion is met. 5. “Undue hardship also includes, but is not limited to. inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes. Section 116J.06. Subd. 2, when in harmony with this Chapter." 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 atTected person's land is located." In the opinion of staff this criterion is met 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 pioperty." The property is situated on a peninsula with lake on the north and east sides, additionally almost half of the lot area is located within the 0-75 ’ setback zone. In the opinion of staff this criterion is met. 9. “The conditions do not apply generally to other land or structures in the district in which said land is located.” The nature of the property on the point of land is relatively unique to the surrounding area. In the opinion of staff this criterion is met. 10. “The granting of the application is necessary for the preserv ation and enjoyment of a substantial property right of the applicant.” The property is a peninsula and the existing home is entirely within the average lake shore setback, thus requiring a variance for any alterations. In the opinion of staff this criterion is met. wrjncrTTWTfrpp FILE#03-2949 S#f>l«fnto«r 10. 2003 Pag«5or5 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 ofstaff this criterion is met. 12. “The granting of such variance will not merely serve as a convenience to the iq>piicant, but is necessary to alleviate demonstrable hardship or difficulty." The nature of the property is such that a variance is requiredfor any alteration or addition to the home. In the opinion of staff this criterion is met. Issues for Consideration 1. The 2nd story addition will not increase the footprint of the existing residence and will not increase structural coverage or hardcover. 2. Will the views from the adjacent residences be affected by the proposed addition? 3. Does the shape of the property situated on a peninsula and the fact that most of the lot is located in the 0-75' zone constitute hardships that are unique to the property? 4. Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the average lakeshore setback variance as requested. i i EXHIBIT A Application # CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S2S0.00 (SSO.OO per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) Date Received Amount Paid 63 Wto7f3 Ti t^n PROPERTY INFORMATION Site Address Property Identification INFORMATION ----Uj.^rxTl. i- If fA j-€T7^ K ntification Number (P.l.D.) • Oi Attach legal description to application if not included on required survey. Date Property Acquired_____^ f y I (do) also own the adjacent parcels of land. Present use of property: ^ residential ___^other (specify) Zoning District: ^ ^ — i _____________ (month/year) APPLICANT Name^Tcp Address:.# ^City:. Phone (home ) C>U o Phone (work) 74f-7/^ f Zip:. SSSS / OWNER (if different than applicant) Nam«»yy.y > tS»to<A.A Phone (home)y>l«? V7/ Phone (woric ) Address:, U jjL City:, ^ ^ mu Zip: sTfMSl DESCRIPTION OF REQUEST Estimated Construction Cost $ MoA Describe request in detail: */l____________ £XaTift___ w /jiftnrh flrIHifinnfll flCCC(attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width Hardcover Lot Coverage Setback: __Front Side Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: ^0 » A________________' (attach additional sheets if necessary) 1 REQUIRED SUBMITTALS All of the foUowing information must be submitted by the appllcarion dgadllne date in for vour application to be considered complete! 1. 2. Vy^ ✓Completed Application Form \y Certified Property 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). 3. 4. )/ Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8'/j" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing 5. 6. ^ grade are proposed. In addition, provide one (1) copy 8'/j" x 11" for reproduction. _ Sketches or plans of floor & elevation views provide one (1) copy 8'/j" x 11"). 7. 8. List of tlie legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that vour variance application Is not complete If the above Information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of* this application, and certifies that the information supplied is true and correct to th^^bnt ^^his/her knowledge. Applicant’s Signature OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and fruther authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of j^estigq|^ot)r^^verification of this request Owner's Signature >f i^estiga|iotv^d,verif Date Applicant must have all submittals into the City offices 25 days before the Plarming Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. JjLiC% a i LAKE COUNTRY • u i I 0 I i $- ^ LAKE COUNTIY lUllOEIS, ITO. 3lf SICOiD STIIIT ilciisioi. mn ISSS1 TNI TNIIU IS lUlliING TWIN € I f I I t IIAINIII iAIiS AHA OtSf. 474 MSI 04SS. 474 TfS7 O MtcMafryAtilAtrt.cta f CITY OF ORONO - VARIANCE APPLICATION Doug Olson Sc. Barbara Bowers Residence 2601 West Lafayette Road, Orono, MN S5391 exhibit b DESCRIPTIOaN OF REQUEST History The applicant has obtained a variance on two previous occasions in regards to renovations to their home in different “Phases”. Phase 1-3 has been completed to date. Approval of their previous requests acknowledged the uniqueness of the property thi: sits on a peninsula on Lake Minnetonka. The entire house extends beyond the lakeshore regulatiori of the line of sight setback. Phase I &2 renovations included remodeling the Western portion of the home, adding an addition over the garage and remodeling interior spaces. Phase 3, the most recent project completed in 2001 included adding a second floor addition over the Eastern portion of the home. The owner modified the hardcover in conjunction with the previous variance request by removing significant portions of the enveway and replaced with green-scape. The current proposed project does not mcrease the footprjit, affect topographical or hard cover issues. Current Situation The applicant wishes to add an addition over the e.xisting kitchen / bedroom area on the western side of the home. The general scope of work includes remodeling existing interior spaces into a family / entertainment room and move the bedrooms and bath to 2 *durd level. In order to accon^lish “Phase 1V“ a variance from the avenge lakeshore setback (line of sight) to allow for the addition to be built over the existing structure is needed. The existing house is completely within this setback, as the house sits on the peinsula tract of the neighborhood. HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Unique to the land in question Upon quick review of the site, it is realized that it is nearly impossible to situate any structure on property without ignoring some aspect of the current zonirg ordinances. To maintain the line of sight setback on this property would require a new structure be built in the middle of their driveway. The intent of the line-of-sight ordinance is to prevent houses beuig built closer to the lake than their neighbors, thus cutting peripheral views from neighbonce houses dramatically. This ordinance works for straight shoreline areas, but in the guise of a peninsula. :is application isn’t practical. The current house, as it sits now, is not in any neighbor’s view of the lake. This would contmue to be the case, even with the addition. The addition is not changing the footprint of the e.\isting heuse. It is increasing living space but not increasing structural coverage or har^over. Unique Co the existing structure location Although the lot size is conforming with an area of approxjuately 1.5 acres, nearly half of the lot li in the 0-75* setback zone. The property sits on a peninsula. The shape of the lot and ie curv’e of the shoreline as w*ell as the fact that the lake exists on both north and east side of the property are hardships that are unique to the property. The views of the lake enjoyed by neighboring properties v,*l 1 not be encroached upon by the proposed addition. Unique to Che current conditions Hardcover in the 0-75’ zone will not change as a result of ±e addition. Hardcover in the 75 ’-250’ zone will not change as a resul: of the addition Lot coverage is currently 8.8% and will remain with the proposed addition. The addition will not create any new hardcover, and currei: hardcover levels will be maintained. No new hardcover will be added as part of this plaa APPLICANTS’ LEGAL NAMES Barbara J. Bowers wife Douglas J. Olson husband Sr-.. 9 • f. PRePAREO FOR: DR. DOUGLAS OLSON EXHIBIT C * J • I. * ‘ C —) > ' / • ' ■ SITE PLAN LCCENtf □ K2S»s. a 2-.^ '111 -------iiiiiiiiilntnii «*aiEibiliKUifi % ► >'Vi ■I*' ^ ii M s- t'”,.v>--- mw^ mm ! I ^—1 1 0^ ©UPPCT LEVEL FLOOn FLAN > DaBTINQ •CALC.i/4* m >4M&p ;i ::i mil mil mil i........... II I II A2 Mil'lmTCCfhlCrftinilAiifcli ■ ifiaiini t ir 1 rtYHi^ ■>. vi ■v, ^ . - • . V , • . I . % I : • !>i. A J \; •i nna a m \ Ihi I r\ !!>li) I /fiinr rti:7^!U>il'it it •§ II ill P!!ti'!:!trf, tuMiiiil)wi¥mK; e 90UTW gXTERI<?lt ELEVATION « EXiSTINC •CA1.C l/<* • >'-0* mTT Itl!I I 1 A3 Iit ’ ■ r?*^. M.fv'': '% V? ■w. J ■ ■ '■ I .**.^i , '■■■ ■ • If is^*, U jnon III m\ r I ^^tiliiMSii >%'■ 58SS'/' ‘!ikn;uhli> S8SS). f/M.'i iV/bs^/cM^itfflii^;;] wmmi SksMSiiiwi inril Vr4i*Uf. !!K!iH IMIlllllt ^mm 0! 8 ISil iS' ism<yid ii8i8/^:ss:!f/ii:;B»8 ^BH* e90UTM gXTCTIOH ELgVATlC?N - PROPOSED •CALC' 1/4* • r-0* jimi Liiim :iiim II I •IIH!l I A6 tttttiii -/.a!* U m'r. K .y ,r-- -•. - .'v MM ^ii ":7..'f,*^ ■ ■ I. /.-.';, *;r .';;^//*i ■ 225iJ^i^r■ PB ■•■ PBP'PPP 'MW MMM I »P4 • * • • I • I n !i iiiiiilnii \fi ;ii ii: illf liilil u'm^m^iSml i lantnnOfiaum.u !::i:I! iWiiSg ImiiilMiilaaiB ■8Kif//;/i •I;;*;!:?; :••!•?•!• ?^*! j5;;? -JS;::*. .;li i !•: ,;.5.;. j4;. • • •*»: •: i;*S i?J .;. i?.S's i;iii :i::i iv . . •i;.::•’ ©NoirrM exTCKiom gLEVAticN - easriNs ■CAUC !/<• - I'-O* •• • • • 1#^ t II li!liliil AA iil ‘1 ' f’"t ' i"!- - ' ■ '■- .,»?«•••■ ;*.cs /;. ' »- s '’r/;fi« )l■■■ ai]/*!,r i':Vj/ ■■ liaaB ■■ U, 11 I V X • I * •• • • ^ JhIiMm liT liii] ri\%t‘ii^^^^,IlMu!il ti;£l II III II am ,y iJ/.TV.vV M•I III 'I J i!W' ii7Jrk' ih I!ii LllI? U ; :;= = s* II HHHH II ■I ■■■■ II l#» IS 8888 ISnfiiwwf II •■■■ u mm% —~ --------------- SSi: Mm e NORTH exremioR elevation - pkoposep •CALCi 1/4* - l'>0* ijfe p 'Jlllll :iiiiii ::miii i II illIiiiil A7 ifltifairtftiitai irhiiihrririir ■I fiilftiif-i’itfiTiiliiliiiti EXHIBIT E hasbcover calculation SETBACK ZONE: (CIRCLE ONE) KSEEET ^5-250'ZSO^OO'500-1000' A. Kous* ft «ATOCOVEljt TN gni^. Ltngth X X X B. Cange C Drivewiy X X D. Sidewalk tr^X X E Pado/Deck s»' X X F. Landscape Underialn By Plastic X X X O. Odkr TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A A B B pttftPftSTO HARDCOVER IN ZONE A House Unfih X X X B. Cange C Driveway X X - • D. Sidewalk E. Pado/Dcck X X ;» X X F. Landscape Underlain ByPlasde 39 X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A Width /.s' X100 __________ XlOO Vndth A. W ♦ B 3LTf xIOO • 33^ S3a ?./o Jso y-T HI C-/6. yo SE. SE. SE. SE. SE. SE. SE. SE. « SE.^* SE.5- ! SE. SE. SE. SE. SE./g^; SE. A SE. B % .■s-F- SE. SE. SE. SE. SE. SE. SE. O f SS. ft& S.^ 3Sj SE. SE. SE. SE. SE. SE. O'/ r*3® okA-e-'l <7 i HAlU>COVER CALCULATION WQRKSWTTgT SETBACK ZONE: (CIRCLE ONE) 0-75' gXTSTlNG HARDCOVER IN lOKF A. House S"£^ x . ___________ Ltn|th _______________ X _______________ X _______________ X 250-500'500-1000' Width SJ. SJ. SJ. S-F. B. Gar^e /4>g. /»> C Driveway X _ X D. Sidewalk E. Patio/Deck F. Landscape - Underiain By Plastic O. Odier TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ^ PROPOSED HARDCOVXR IN ZONT! A. House Lnfih B. Oarage C. Driveu^y D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic 0. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ _ _ _ _ _ X X X X X X X B B X X X X X X X X X X X X 6 SJ. SJ. SJ. SJ. SJ. / .£2./CA SJ. S* %S. SJ. SJ. SJ. SJ. 5 7. J-J"/ xloo _________xlOO P r width xlOO . a SJ. A S^. B % _% ■SJ. S.F. SJ. S.F. ST. ST. ST. ST. ST. ST. ST. ST. ST. ST. ST. ^ -" if. RUN DATE ;S/l|/2a» 31 2111723210001 rROPAOM 2606 WmUFAYEm-RO OWNER NAME PRRLCEKHOLM TAXPAYER PAUL R EXHOLM NAME/AOOR 2606 WEST LAFAYETTE RO EXCELSK3RMN SS33I 38 2111723210007 PROPAOOR 2603 WEST LAFAYETTE RO OWNERNAME BLR DM BLANKENSHIP TAXPAYER BRADFORD * DEBRA BLANKENSHIP NAME/AOOR 2603 WEST liU-'AYETTE RO EXCELSIOR MN 3333 1 4 , ^ l.r H I HENNEPIN CX3UNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 2111723210002 PROPADDR 2000 WEST LAFAYETTE RO OWNERNAME PHILUP J SMITH ET AL TAXPAYER PHILUP J SMITH NAME/AOOR 2600 WEST LAFAYETTE RO EXCELSK)RMN 33331 38 2III7232I0003 PROPAOOR 2601 WEST LAFAYETTE RO OWNERNAME OJOLSONRBJBOWERS TAXPAYER DOUGLAS J OLSON NAME/AOOR 2601 WEST LAFAYETTE RO EXCELSIOR MN 33331 38 2111723240043 PROP ADOR 2610 WES I LAFAYETTE RO OWNERNAME CYNTHIANENOQUIST TAXPAYER CYNTHIA N ENCQUIST NAME/AOOR 2610 UFAYETTE RO W EXCELSIOR MN 33331 38 2111723240049 PROP AOOR 2613 WEST LAFAYETTE RO OWNER NAME J R GAGNE A V LGAGNB TAXPAYER JAMES R GAGNE NAME/AOOR 2613 WEST LAFAYETTE RO EXCELSK)RMN 33331 I CERTIFY THATTHE FACTS REPRESENTED ARE AN AOCURAIE AND niUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OFTHE HENNEPIN COUNTY TAXPAYER SERVICES DEPARTMENT, TO THE BEST . OF MY KNOWLEDGE AND DEUEF. _ . _ ----^ DATE ' . > V Cf .‘Li*; La. >•.' '.7 '.L-. ■»! V »rT5fiBS« III III ft hlRtlirRIiiii H J fcil- - -------1—T- Honnepm Hennepin County Taxpayer Services Department. ■ . ^ r-i .-u" . , .■294S Parcel Information • •.*< Jcml ID 2111723210003 Number 2601 StTMt Hmmm WIST LAFAYCTTE RO^ TNsl»notal9gafyt9Conitdm$ii.lU9pnmn i$»Gonifiaai ltonoflnhnMbon and data hom City. County. tndStm mad mMhorib$tmtdalhm N ' •?:'• .HM. 1 ^ -■ •“rw. dt '■!!. f tfil' ft-Lx-i J .vi' Av'V-'^ '•*;••■ • •*. •* Jlr ' >* ^ Af S •'• ••• ^ 3*^ • ^ L'^: ?''X* ■*:•> 0^^^mmmmwrn% 7 '■N l-lfe VV^sx- ^ \nniii (, o i T ^ r (. •■ • ^ ' I O/O FMIIIUT II V f ••• • - v^^|||S ■ •■•>* r ■ /'*■ - f' ■ ■ :■,; tM '^1 >-\< • >-Y ■ •■ •: -I'! W;• V /i'^' ? V y t ;■ ^y ^ ♦• .*• •• " ^'. . / if ^ C* . . tf K 5-* ^ U4./ 'v ;i 1^ L’ < ■” r ’. *• <•/) -^'v C* JC !l I£ O) O tt ^ O IB5*|3 > 4) ^ O)o (D -s ® (0 3 M s ^ «> C o> • . V < ■ 'i-l^‘ V i' '■; - -4 ii■ REQl EST FOR COUNCIL ACTION SEP 2 2 2003 Cl I y ur UHOfvy DATE: September 23,2003 ITEM NO.: 11 Department Approval: Name Oregoiy A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services Directors Report Item Description: Request for House Moving on Watertown Road Introduction The City has received a request from a property owner to move a house from the Old Crystal Bay Road/TH 12 area to the Butterfeld property located at 3725 Watertown Road. This is a house that was purchased by MNDOT for the TH12 project and has now been sold to the Watertown Road property owner. The house moving route w ill include Old Cry stal Bay and Watertown Roads. Tree trimming w ill be required along Watenown Road to complete the house move. The owner of the house has talked to the residents along Watertown Road regarding this house move, and has obtained signed permission slips for tree trimming from the nine residents along Watertown Road where tree trimming will be required. We have viewed the project area with the tree trimming company and it appears that most of the trimming will be of trees that are on the City Right of Way which e.xtends to 33' from the centerline of the road. However, the exact location of the Right of Way line may v ary if the road was not constructed in the center of the Right of Way. The trimming will include removal of several dead or leaning trees close to the edge of the road and branch trimming. Some of the trees that w ill be trimmed are located under the overhead utility lines and may be subject to future tree trimming by the utility companies. A review of the attached aeiial photos of the shows that most of the houses along Watertown Road have substantial setbacks from the street and have a wide butler of woods between the house and the road. The trimming of the branches along the edge of the woods should not adversely affect the screening for these properties. The wooded and tree lined appearance driv ing down Watertown Road will still be maintained after the trimming is completed. Concerns have been expressed by a property owner just east of Stubbs Bay Road about the trimming of a large Maple Tree adjacent to his driveway. This tree overhangs the road as is only about 12' above the road which is too low as large trucks and school buses can be 13' high. It appears branches have already been broken off of this tree by larger vehicles. This property has a substantial wooded bulTer and trimming of the trees along this property should not adversely impact the screening from the road. Page 1 of 2 i Public Comments and Recommendation The residents along Watertown Road have been sent a letter inviting them to present public comments at the Council meeting or they can also submit written or oral comments to City staff. Our recommendation is that the Council considers the public conunents received and then discuss this request. COUNCIL ACTION REQUESTED: Discuss request for permission to move a house along Old Crystal Bay and Watertown Roads and provide a recommendation for either approval or denial of this request. mmmm I Page 2 of 2 /S1U BBr lAy HP m ■' ^W 'X- w* A I jg't-1 #1^'^ f Avfc,-£' •Ok.1 iJ '«! 'j. Feet 0 PMOT« MUM BfB-* TTTTT w.ts TWfS fs riji>?d f’i*‘r»\\SfirM Formfior« snuiis MIL4AJ a •ir' ,r 4' / •<> OUtffkMf. fiL«pfb.Ty /JliikltlL S? ' ^ i »*- ‘k/T*.v W W- w <7 *s • ,.5^ , ?ai % ^ Jr^ %!>?■• •. »r 4 n •Feet • /•!>:, t 'V'" w>;^' \M3BLjl^, ■f . A^. ■ T <y %tJ ^7 ^ 4T•riew _j» ^, ♦■ LtKF sTMer ST Mt CONSUL Ct.nK.M»l m- ^-'.'fA »»■ • f J f ■ 4, Sr'i'-fe •ftfr i^fc* ‘ dX \ \ X 600 Feet ® ^ V t ■mi f. < Ml W C/klL LMJf v^f V ^ • ■ #*'*" f ‘ . I I Fwt VA/CAV-LMiex U/f AIL LAM£ 5 Old c (LvsiAi itfi . . Mas® ■■K^^-. If " ‘;>^’ W^!Wm ^ - «>r ic»tg^¥^*51%; 1 C ^ - mr ‘ \ L 2/. ‘ v .•,; :fA> »• fc‘- ,v- ^V-> ^;.-' •, 1 •->5./i' if' r^y ... _j; .S-' ^i^'j-^ ■■■ ■ ?•>' ' '^'.... mm m- “'W' 5' fTi .>• w Lt» «• » k«.-—— ^ . 'm-m •<*v > 3/11 -- >'.-..;f^ • ■-* » *.•3 -t >•• jrT ■ ^ ‘ y- '■ ' •«..* *4* V • ^. . A' _ > •%! '. » .1 ■ ^ H* . k- * - It A 4 V ^fts;- ' - y • T'*' > .ki, Y • '•’ ^ '’ i'' ?■ i* ■ ^ • u, ■ ^ m f -• . M-:^; • T<’ h' -T r/ *I'''- 7- ;';,■ T * , * Y-!T -r >< ' V- f ■*' -■;- A- ■■ -' •• * V »v *- ' : f r'=i pc>' *. r/' M .<? . • •m •'y^- '"¥S> A a.-*v \ Z-^ * * KjO •I r . . - ■* 49•» •>A ■ .V . J-- \ “ 11 m ‘.jL« .%*• u: • •fc. t- i‘ fi • •. 'h. i*A- •» n -1 • * »/ »c» iv- ./y 1 7/1*1 ^r.V »’«• •eT’ '>«K ^ ■ -- 'n *, • •v;|v. ■ ■ -■:.!■•■ ■--■-T ■ • 1^ . ^ - 8 ■ • i»ifc ^ ^r* . . ^.T ,>v. H . •» ryti\ - 1^ 4 V--' *• -^-\ V/ 9/iII tlFMcuf OE/^6 TWf :■ t r ' , - ■» , ^v-' --■ .'■ '■■ ■ >■'' /■■ . ,-,■; /. ' .y'I ? .- / ^r* H:. ) i aT./ \ % -.T Vi IL(ia0U£ , V *' m^h--'- if*" ■ .-'• .• ' .f . f 1*^ - !*'-,•• f .•^v’?^■ ■> ^ J 'i^ - •v-.'V'^’’' “ ^ *• ~*K ' / • \"A\'!t.'-' ■ ' i- v-v A »-<* • * ■ / . V-. ' '/* ,.y r " . • 1- rt - • *;. I •'<*■ V J , - . u. 1% ^ > ^ ’► •’j"/ .•^ ' . •? / • \ t--« • * . „• •K. , «#f.' ■ . « I * *;' , .• “C ..m^ \ V.' ' ’ ^'X -A;'. \' i . *. 4y-Xw. i' .. -' '. ' ■ IK’ ' V •• ••,> fcr, /; v;' - V -• .T,--': m^\ ‘ |.. X • • ; ; ,„.'V'^ - fe'-. f-i -'• :''rt. : r ;■ >»■<>) > • n • •’‘L*s -ym ^ !: Kr '< V r • . <• .'• » '■ • • m i> .r -’-' / ' ' r^ - / r: ✓ .*>* ^ - ^1: ■-• V - ' ^ < fc. .rr ^ -^v '. :? i^.. ‘ > '• L.i. >. ■VLx JtJt —^ ^ ■V '.M II '■ fi V *- ;*"n^, *V- '/ rr ^ 1 ' -i: k!i^'-'^ (.. f'^'l ,...S ' . > '^. ' v!^ > 'ii... -: v:-v-. •'4// # '•••-• ^ r '' rj .: •• • V 'ml • --------*r^.>r~ "•*>* SBT % Cflutei^tb PMiPfMV r:_k ’ r • • ^ ^ . - V . ^ ‘ ^ t' V i“ •' ' m .-V *X- \S ' r:> * - ’'•IT •- ■ y t ^ ^ •• ». <* ♦ - . 1 :• " r-'-l y*-'".>> PlLC^fWV .# J* • ^ -teS / r^.- K •* T . J <tr iV ' w ti* ' <'• 1 A * .'.ViiS r»- • - ^ 1 ■ "W' * m * vV. <*s .. '..fr>>; >• K- . ♦ •#*; ■'V' ‘^■51^Sfc* ' %N ^ •• V :# r •i •*..-, '^f‘r y p. - i-v v^- . . . V . 4(t4r..‘^ TX^ A*. .: 2r:3 V.: « j.-^^-/'^ gsj>i:w T'n 'ta> 5 1 0> kj 5 i ^r 11 ■C t(UM •-4J r iS • j| ' V M im-' T V i ♦ '- 4 :v£ ' •* -'^j . .< ST( *H£ v.,^i?-"jm •' > • 1* / .^. .;,)^ s’<Sf/' •% J4 I ' f . ^ ^ !»*» *\ "'f • l-‘ /i • • IALM6J ► ►Ol/fP. L J ■;/ : .r’Vl ?S ■ : *.. t ^ '''V^ . r W *• '■ W'V-:' . kf' ■'? ■%k"..!j.'.; ';• . -iw 4i S S "V '7/H ’A-;■ I '' ' • - *>.*,,■ ■*- ■ f _ rc >»a r' J-/ -' ry -m '^>j. a V t A > V h mm K /►r 4 ♦ ' V >.42 >S Sr-'- la 5 1 Nr' in 9-16^3 Lyle Oman CityofOrono Re; Butterfield House Move All affected homeowners have signed Permission to remove trees fi^om their property. The Schulemberg property is the only one that Has an issue with removing the tree that hangs over The road. 3Slo wmemoihi up Enclosed you will find all the homeowners signatures That are Elected by the move. There was verbal approval By all other homeowners. Butterfield iI itimde L 1/ '^(IWS 7 give permission to the Butterfieids to trim trees on their property for the purpose of moving in their home. // Lc*^o,/<- A-// CXei>r:_s Dated: 7- <2li ’^03 f I ta (Name) 3t (Address) give permission to the Butterfieids to trim trees on their property for the purpose of moving in their home. / Dated: (pl^ f4/ ] VV\j:k S“^ Ca!^t.is W- \ [ M ‘ ■ r * [ r;;i. •H L r * \ V ' ■Jf at lo^r uJ,.^/ /\j u(Address) give permission to the Butterfields to trim trees on their property for the purpose of moving in their home. Dated: ^l2floJ 1 ;1 ■ (Name) at uJji'hr 4p/'/jn (Address) give permission to the Butterfields to trim trees on their property for the purpose of moving in their home. Dated: fS ■I I i-.'- I, (Name) 3<f05 00^-h»^ fd i! (Address) give permission to the Butterfields to trim trees on their property for the purpose of moving in their home. hL Dated M I,(Name) (Address) give permission to the Butterfields to trim trees on their property for the purpose of moving in their home. Dated: "1 r I, ^ /d>tV^ 4r . (Name) . , _ at 7<^7r ^ >V(uu^>.6<^ >____________ (Address) give permission to the Butterfields to trim trees on their property for the purpose of moving in their home. : link I,(^6 /2U. (Name) at ^/7/P ^ (Address) give permission to the Butterfields to trim trees on their property for the purpose of moving in their home. / Dated : 2/^ ?/0 i C jL --2 //;. -6^5 /[ne-r'lC 4 /MsmaA / '(Name) at 37^0 V\la.{’CY^'h^^ ^OclA (Address) give permission to the Butterfieids to trim trees on their property for the purpose of moving in their home. s Dated: O -------I REQUEST FOR COUNCIL ACTION SEP 2 2 2003 Cl I Y '-'r UHONU Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: DATE: September 22. 2003 ITEM NO.: | ^ Agenda Section: Public Services Director's Report Item Description: Accept Quotation City Hall Drainage and Landscape Project Drainage and Landscaping Project Last year Norling’s Lake Minnetonka Landscaping completed a drainage and landscaping project at the Citv Hall. This project was necessary because when the building was constructed there were not sutTicient grades to drain the wuta away from the building resulting into \t ater e^age into t e building. This problem was temporarily corrected several times by adding topsoi fill against e building to obtain sufficient grade for positive drainage away from the building. Adding the top^i is only a temporary fix as the soil eventually settles resulting in inadequate drainage away from the building again. A permanent solution was needed to correct this drainage problem. The completed project vvas to e.xcavate the material adjacent to the building, waterproof the exterior wall w ith astihalt scaler and a plastic barrier, install a compactable material that will not settle, place a plastic barrier on top of this material to drain the water away from the building, and then install landscaping rock on top ol the plastic barrier. In the areas of concentrated roof drainage, boulder and splash rock spiUw a> s were installed. The remainder ofthe area was then graded to drain toward the sidewalk and then sod e . A sodded lawn will provide for better drainage away from the building, versus intensive landscaping planting and wood chips. Repairs to the area between the City and Police Department were completed last fall. This project is hr repair of the area between the City Hall and Council Chambers using the same technique used last year, as last year's project successfully eliminated water leakage into the building and the work completed by Norling's Landscaping was high quality The project consists of low level shrubs planted in the landscaping rock area adjacent to the buildmg. These smaller low level plants that will not block the windows and will be easier to original landscaping was planted too densely , was very aggressive, and so tall that it blocked the windows and is also costly to maintain because of the large number ot plants. Betore compleung last years project, w e talked to several landscaping companies about the proposed drainage problem solution and options for changes to the landscaping. The companies all agre^ that the ongina landscaping consisted of too many large and aggressive plants, and the vanety ot plants that did Page 1 of 3 I fit together very well. They thought the original landscaping was not aesthetically pleasing, very well balanced, or a practical landscaping scheme. The landscaping varies from very tall and dense plants in some areas to lower level junipers in other areas. There does not appear to be any consistent pattern in the type of plants installed. Generally, building area landscaping consists of a smaller number of lower height shrubs and small trees courtyard trees with green grass areas. The main consideration being to install smaller areas that can be easily maintained as the amount of maintenance required can quickly become o\erwhelming. Our recommendation is to accept the quotation from Norling ’s Landscaping for completion of this drainage and landscaping project. Irrigation System When the City Hall complex was originally constructed, an irrigation system was not installed, and with the dry weather this year it was very difficult to maintain the area in front of the building in a nice condition. We did do some sprinkling, but this is time consuming and it is also difficult to maintain a uniform appearance. Over the past several years, several new commercial developments such as office buildings, stores, and restaurants have been constructed in Orono, and these facilities all have irrigation systems. The new Long Lake City Hall has an irrigation system. Both the new dental office building and the Stonebay Development will have irrigation systems. The City’s expectation for any new commercial developments is that irrigation systems are installed and the sites are nicely maintained. The installation of irrigation systems is an industry standard today and our staff recommendation is the City Hall should have an irrigation system similar to all of the developments adj^-ent to the City facilities. The water supply for the irrigation system will have to be obtained from the main watermain into the complex located in the link between the administration and police departments. The irrigation supply line will be trenched in around the north side of the administration and Council Chambers Our recommendation is to install a large enough control box and supply line, so the entire complex area can be irrigated eventually. This phase will just consist of irrigating the areas in front of the building with enough capacity available to expand the system to also irrigate the area adjacent to Kelley Parkway. Our recommendation is to accept the quotation from Irrigation Management for the installation of a City Hall irrigation system. Norling's Landscaping utilizes this contractor to complete the irrigation systems on their landscw, ing projects. COUNCIL ACTION REQUESTED: Accept quotation in the amount of $20,878.75.00 from Norling ’s Lake Minnetonka Landscaping, Spring Park Miimesota, for completion of the City Hall drainage and landscape improvements project to be funded from the Permanent Improvement Revolving Fund with the appropriate budget adjustment approved to reflect this expenditure. Page 2 of 3 I 1 jyiintitii I .J ■■f Accept quotation in the amount of $7,400 from Irrigation Management Plymouth, Minnesota, for the installation of a City Hall irrigation system to be funded from the Permanent Improvement Revolving Fund with the appropriate budget adjustment approved to reflect this expenditure. r i' ' I 4 vf l^gcSof 3 ..'s' I r# »I xrw » *-r > »c a jr. • Iht nuM^Cv C^ sWnifcx ah4 |>lot^/ V»«f b«cn reduced 1* \om»c«>4Vm ta(U _ . .----------------------------------. . . ------------------------ REVISED jfp , , juuj REQUEST FOR COUNCIL ACTION CIT Y u^ unurto DATE: September 23.2003 ITEM NO.: \ ^ ili Department Approval: Name Gregory A. Gappa Title Director of Public Ser\ ices Administrator Reviewed: Agenda Section: Public Services Director's Report Item Description: Appointmentoflnterim Public Works Super\isors Jack Brinkhaus. the Public Works Superintendent, will be retiring on September 30"’. We are currently inter\ iewing candidates to fill this position, and are recommending that interim Public Works Supervisors be appointed until a new superintendent is hired. We are recommending that Don DeBaere be appointed as the interim Public Works Supervisor responsible for equipment, streets, and parks effective October 1 ”. We are recommending that Scott Oberaigner be appointed as the interim Public Works Superv isor responsible for sewer and water effectiv e October 1 ”, The current hourly wage rate for Step 1 of the Public Works Superintendent position is $26.70. and this position will be filled on an interim basis by two Public W’orks Superv isors. The current hourly wage rate for a Public Works Maintenance W'orker is $20.00 per hour. The hourly wage rate difference between the superintendent's position and the maintenance worker's position is $6.70 per hour. W'e are recommending that the hourly wage rate for the two interim superv isors be increased m ^ jm ^ A • .* t ^ * ti * l _ hour. W'e are recommending that the hourly wage rate lor the two interim superv isors he increased by $3.35 per hour. This wage rate increase was determined by using '/: of the hourly wage rate difference between the two positions because two interim supervisors will replace the superintendent. This results in a proposed wage rate of $23.35 per hour for the interim Public Works Superv isor position. COUNCIL ACTION REQUESTED: Motion to approve the appointment of Don DeBaere as the interim Public W’orks Superv isor responsible for equipment, streets, and parks effective October I". Motion to approve the appointment of Scott Oberaigner as the interim Public W’orks Superv isor responsible for sewer and water effective October 1 “, Motion to approve a wage rate of $23.35 per hour for the position of Interim Public Wforks Supervisor elTective October 1st. ------------------------ REQUEST FOR COUNCIL ACTION 2 2 2003 Cl 11 or UHOivg DATE: September 23,2003 ITEM NO.: Dcpartniciit Approval: Naaic Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director’s Report Item Description: Resolution of Appreciation to Jack Brinkhaus on his Retirement Jack Brinkhaus. the Public Works Superinterdent. will be retiring on September 30 ’’’ after 24 yearu with the City of Orono. We are recommending approval of the resolution of appreciation to Jack for his dedicated serv ice to Orono. COUNCIL ACTION REQUESTED: Motion to approve the Resolution of Appreciation to Jack Brinkhaus for Dedicated Service to the City of Orono. & A RESOLUTION OF APPRECIATION TO JACK BRINKHAUS FOR DEDICATED SERVICE TO THE CITY OF ORONO RESOLUTION NO. WHEREAS, Jack Brinkhaus has served the City of Orono as Public Works Supervisor and Superintendent for 24 years; and WHEREAS, his years with the City have been marked by a commitment to service and responsiveness to citizen needs; and WHEREAS, Jack has earned the respect of those in his field as well as the fiiendship of his co-workers; and WHEREAS, Jack is retiring from his position with the City. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono does hereby express its sincere appreciation to Jack Brinkhaus for his dedicated service to the City, and does highly commend him for the manner in which he has carried out his duties and responsibilities. BE IT FURTHER RESOLVED, that the City Council extends to Jack its best wishes for a long, healthy and happy retirement. Adopted by the City Council of Orono, Minnesota at a regular meeting held this 22nd day of September, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor --------i(^G REQUEST FOR COUNCIL ACTION SEP 2 2 2003 DATE: &ptemt)^'?2v3003 ITEM NO.: 2-1 Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director’s Report Item Description: Orono/Long Lake Water System Interconnections As part of the new Highway 12 project, major relocations of both the sanitary sewer and water systems are required in the City of Long Lake. In September 2000. SEH Engineers, completed a modeling study of both the Orono and Long Lake water systems to study future possibilities for the interconnection of the two systems. The Council previously authorized preparation of plans and specifications and obtaining construction costs for the installation of two new water system interconnections. Currently, there is an existing 8" connection at Highway 12 and Willow Drive between the two systems. This interconnection is normally closed and only opened for fire situations, or w hen needed for repair or maintenance on one of the systems. The two cities have an agreement inplace governing the operation of this interconnection Two additional interconnections are recommended to increase the fire flow capabilities of both sy stems. Interconnection of the two systems is needed to provide a reasonable fire flow as the Orono system has only one well and 400.000 gallons of elevated tank storage, and the Long Lake system has two wells and 250.000 gallons of elevated tank storage. Additional interconnections will also provide greater flexibility for other emergencies such as watermain breaks. With the additional interconnections, it will be possible to reduce service disruptions from watemiain breaks. I'he two new interconnections will be located at Brimhall and Virginia Avenues. The Drimhall Avenue connection w ill require jacking a pipe crossing under Highway 12. At the Virginia avenue crossing both Cities have watermains on the north side of the highway. There are currently two contractors working in the City of Long Lake on the Highway 12 utility relocation projects, and both contractors have provided costs for a change order to their utility construction contracts for the installation of the two w atermain interconnections. The use of a change order to one of these exiting contracts is recommended to allow for completion of the interconnection project this fall and to eliminate the costs associated with the preparation of a new construction contract and advertising for bids. Page 1 of 2 jL I Change order costs have been obtained from both Wiedema Construction Inc. and Barbarosa A Sons. Inc. for the construction of the two watermain interconnections, and the costs respectively are $ 142,824 and $ 149,054. With engineering design, construction serv ices and permits the total project cost will be $170,000. A 50/50 cost split for this project results in an $85,000 cost for each City. The preliminary cost estimate upon which conceptual approval vv^ granted by both Councils was $120,000. The preliminary cost estimate was based on existing contract unit prices and estimates for items without unit prices. Both contractors stated that the change order costs were higher based on the specialized nature of this work, small quantities, and work in congested areas adjacent to Highway 1 2. The contract unit prices are not completel}' applicable because these prices were based on large quantities of routine work in open areas. The additional costs for the preparation of new contracts and advertising for bids does not appear to offer any guarantee of lower project costs. Also, advertising for bids would delay construction of this project until next year We are recommending approval of the expenditure of $85,000 from the Water Fund for Orono's 50% share of the costs for a joint project with the City of Long Lake for the installation of additional water system interconnections at Virginia and Brimhall Avenues with approval of the appropriate budget adjustment to reflect this expenditure. Contingent upon approval of this project by the City of Orono. the Long Lake City Council is scheduled to approve the contract Change Order to Wiedema Construction ’s existing utility construction contract at their October y"* meeting. COUNCIL ACTION REQUESTED Motion to approve the expenditure of $85,000 from the Water Fund for Orono ’s 50% share of the costs for a joint project with the City of Long Lake for the installation of additional water system interconnections at Virginia and Brimhall Avenues with approval of the appropriate budget adjustment to reflect this expenditure. Page 2 of 2 ♦ • REQUEST FOR COUNCIL ACTION Co»«—... — SEP ^ ? 2003 DATE: September 22, 2003 ITEM NO.: 2-2- Department Approval: Name Gregory A. Gappa Title Director of PubI ic Serv ices Administrator Reviewed: Agenda Section: Public Ser\ ices Director's Report Item Description: Old Long Lake Road Sewer Extension Introduction The property owner at 625 Old Long Lake Road has requested a sanitary' sew er project because there are no suitable septic sites on the property to allow the construction of a new house on the property. The property had a house on it for many years, but has been vacant since the existing house was demolished several years ago. The Council previously approved submission of an application to the Metropolitan Council for a MUSA expansion in this area because of existing small substandard lots w ith limited options for septic sy stem replacements. Metropolitan Council approval of the MUSA expansion for this area is expected soon. sewer agreement with the City of Wayzata for the provision of sewer service to this area was recently approved by both cities. Project Quotations Plans and specifications have been completed, and we have sent a Request for Quotations to three directional boring contractors that have previously completed City projects. The estimated construction cost for this project is less than S50.000, so the solicitation of quotations is an acceptable method to select a contractor to complete this project. A tabulation of the quotations received is shown below . £J Mayers Inc., Corcoran, Minnesota Red Pederson Utilities, Hopkins Minnesota MinComm Utility Construction. Mora MiriT.esota 539,783.33 $41,655.00 $53,342.50 We are recommending acceptance of the quotation from EJ Mayers Inc. with acceptance of the quotation contingent upon payment of the project costs or the signing of an assessment w aiver by the property owner, and approval of the NIL SA expansion by the Metropolitan Council. There is an adequate cash balance in the Sew er Fund to pay for this project, and our recommendation is to fund this project from the sewer fund ar.d the project revenues then are put into the sewer f\md. Page 1 of 2 Project Assessments and Connection Fees There are eight properties in the MUSA expansion area that could potentially connect to the sewer system. The total project costs are estimated to be $52,000 which results in a connection fee of S6.SOO per property. The potential for the number of properties that may eventually connect to sewer is unknown at this time. We are recommending the property owner for 625 Old Long Lake be responsible for payment of the total project cost of $52,000 to the City before project construction is completed. When future property owners connect to the sewer they should be charged the current project connection fee, and any future connection fees received are rebated to the 625 Old Long Lake Road property owner. This is the same method that was recently used for the North Long Lake East sewer extension project. If the property owner requests to be asses.sed for the project costs, we are recommending the following assessment terms of 1 5-years at a 6.25% interest rate. These terms are similar to several other recent sewer projects. We are recommending that acceptance of the project quotation be contingent on payment of the project costs or the signing of an assessment waiver by the property owner. Acceptance of the quotation now will allow the contractor to begin work sooner to allow for a fall completion of this project. COUNCIL ACTION REQUESTED Motion to accept the quotation in the amount $39,783.33 from EJ Mayers Inc., Corcoran, Minnesota for completion of the Old Lake Road Sewer Extension project with project funding from the Sewer Fund and approval of the appropriate year 2003 budget adjustment to reflect this expenditure. Acceptance of the quotation is contingent upon payment of the project costs or the signing of rm assessment waiver by the property owner, and approval of the MUSA expansion by the Metropolitan Council. Motion to establish a $6,500 per property connection fee for the Old Long Lake Road sanitary sewer extension project with the provision that the property owners can request to be assessed for the project costs at a 6.25% interest rate for a 15-ycar time period. Page 2 of 2 J REQUEST FOR COUNCIL ACTION SEP 0 ;> 2005 CITY or Onc'.ij DATE: September 22, 2003 ITEM NO.: 2- 3 Department Approval: Nine Gregory A. Gappa Title Direaor of Public Services Administrator Reviewed: Agenda Section: Public Services Director’s Report Item Description: Phillips CR6 Sewer Extension Introduction The property owner of the Woodlands Group Home on County Road 6 has requested sanitary sewer because of continuing difllculties in operating and maintaining a septic system. This Area is currently within the MUSA. Project Quotation.* Plans and specifications have been completed, and we have sent a Request fur Quotations to three directional boring contractors that have previously completed City projects. T he estimated construction cost for this project is less than $50,000, so the solicitation of quotations is an acceptable method to select a contractor to complete this project. A tabulation of the quotations received is shown below. Red Pederson Utilities, Hopkins Minnesota EJ Mayers Inc., Corcoran, Minnesota MinComm Utility Construction, Mora Minnesota $25,985.00 $26,550.00 $38,175.00 We are recommending acceptance of the quotation from RED Pederson Utilities, Hopkins Minnesota w ith acceptance of the quotation contingent upon payment of the proic vsts or the signing of an assessment waiver by the property owner. 1 here is an adequate cash balance in the Sewer Fund to pay for this project, and our recommendation is to fund this project from the sewer fund and the project revenues then are put into the sewer fund. Project Assessments and Connection Fees 1 here are four properties in the area that could potentially connect to the sewer system. The total project costs are estimated to be $34,000 which results in a connection fee of $8,500 per property. The potential for the number of properties that may eventually connect to sewer is unknown at this Page 1 of 2 f time. We are recommending that the Woodlands Group Home property owner be responsible for payment of the total project cost of $34,000 to the City' before project construction is completed. When future property owners connect to the sewer they should be charged the current project connection fee, and any future connection fees received are rebated to the group home property owner. This is the same method that was recently used for the North Long Lake East sewer extension project. If the property owner requests to be assessed for the project costs, we are recommending the following assessment terms of IS-years at a 6.25% interest rate. These terms are similar to several other recent sewer projects. We are recommending that acceptance of the project quotation be contingent on payment of the project costs or the signing of an assessment waiver by the property owner. Acceptance of the quotation now will allow the contractor to begin work sooner to allow for a fall completion of this project. COUNCIL ACTION REQUESTED Motion to accept the quotation in the amount S25.985.00 from Red Pederson Utilities Hopkins, Minnesota for completion of the Phillips CR6 Sew er Extension project with project funding from the Sewer Fund and approval of the appropriate y ear 2003 budget adjustment to reflect this expenditure. Acceptance of the quotation is contingent upon payment of the project costs or the signing of an assessment waiver by the property owner. Motion to establish an $8,500 per property correction fee for the Phillips CR6 sewer extension project with the provision that the property owners can request to be assessed for the project costs at a 6.25% interest rate for a 15-year time period. Page 2 of 2 L. REQUEST FOR COUNCIL ACTION S£p 2 2 2003 ITEM NO: 2*2- Dcpartacat Approval: Naae Ron Moorse Title City Administrator Adminbtrator Reviewed:Agenda Section: City Administratof's Report Item Description: Navaire Fire Station Application and Ceitiflcate for Payment No. 3 The City has received Application and Certificate for Payment No. 3 from DEW, the General Contractor, in the amount of $143,794.00. Ttv application for payment has been reviewed and approved by the architect and project manager. COUNCIL ACTION REQUESTED: Motion to approve the Application and Certificate for Payment No. 3, in the amount of S143,794.00, to be paid from the Navarre Fire Station Construction Fund. k BKV C R O J »■ Oat« S«pt«mb«r 10.2003 AttMition: RonMoorsc Pre|*ctNo^ 1124.10 222 North 2nd ScTMt MlwnMpnIlt. MN 5S40I Phono«l2-339-37S2 Fw 6I2-339-42I2 Addrots: QcyofOrono 2750 Kdlcy Phrkway Orono. MN SS336 Rk NawTO Firt Station RceeiveD SEP 1 1 2005 CITYOFOflOMO WE ARC SiNOING YOU: ^ Shop drawatfi □ Prmu □pIw* Q Sarrp'M □ SpacUkatloot Ocopyoftatur n Change order Q O.ner: TRANSHITTCD VIA; Q Mai O Me«en|tr Q Cl = C( )Plf s f ' A U N« ) 2 Payment Application Na 3 THESE ARE TRANSMITTED fts chMkMl bolow: r~| For approval ^ Approved aa submitted For your use Cl Approved as noted As requested Q Returned for corrections For review and comment C] Other_________ cccc .' Resubmit Sul>mii_ r~- Return _ copies for approval copies for distribution corrected prints FOR BIDS DUE _! PRINTS RETURNED AFTER LOAN TO US REMARKS: Enclosed are two copies of hyment Application No. 3 for work performed on the Na -arre Fire Sutioa This appliotion has been reviewed and certffied in the amount of $143,794.00. Please remit payment against t»/' applicaiioa Regards. Nan Gustafson COPY TO: BA Wokers. ConstruOive Ideas. 901 Jeffanon Avenue. Suite 300. St. Pi-’. '-IN 55102 Bred Berke. DEW Corporation. 2125 Century Avenue. North Sc Paul. i 3M09 Fie qlM 24> IPewVtte OH mm»r ^ paidec yEwdosyft arc R«lii ocstf . • vi ttoUCib PrmmA WlOfOS - W PAYMENT APPLICATION rnoM City of Ofiifio 2750 Kelley Parkway Orono MN 55336 Alin Accounts Payable Dow Corporation 2125 Century Avenue North SI Paul. MN 55109 ntOJLCI NAME AND LOCATION FOR 03005 Navarre rIre Station 3770*3790 Shoreline Drive Orono. MN 55330 ARCHITIXT OKV Group. Inc 222 N 2nd St Minneapolis. MN 55401 APPLICATION • PERIOD THRU PROJECTas DATE OF contract 3 Distribution to: 08/26/2003 OWNER X'architect 07/01/2003 iX CONTRACTOR [ CONTRACTOR'S SUMMARY OF WORK Applcaiion is made for payment at shown below. (Line 1 ♦/. 2) Continuation Page is attached t CONTRACT AMOUNT 2 SUM OF ALL CHANGE ORDERS 3 CURRENT CONTRACT AMOUNT 4. TOTAL COMPLL TEO ANO STORED (Column G on Continuation Page) 5 RETAINAGE: a S (X)TS of Completed Woik (Columns D > E on Continuation Page) b 5 00% of Material Stored (Column F on Continuation Page) Total Retainage (Line 5a « 5b or Column I on Continuation Page) TOTAL COMPLETED AND STORED LESS RETAINAGE (Line 4 minus Line 5 Total) 7 LESS PREVIOUS PAYMENT APPLICATIONS (Line 6 from pnor Application) B PAYMENT DUE 9 BALANCE TO COMPLETION (Line 3 minus Lme 6) $771,494.72 SUMMARY OF CHANGE ORDERS Total changes approved in previous months Total approved this rnonm TOTALS NET CHANGES $1,138^^ (X) $0 00 ^138^00 $385,795 28 $19,29000 $0 00 $19,290 00 $366,505 28 Contractor's tignalure below it his assurance to Owner, concerning the payment herein applied for. that (1) the Work has been performed as required m the Contract Documents (2) all sums previously paid to Contractor under the Contract have been used to pay Conlricior's costs for labor materials and other obligalipiis under the ConlrajUetJAforti previously paid for. and (3) Contractor is cnliUed to this ^ ^ Robert S Dew, President State of: Minnesota County of Ramsey Subscribed and sworn to before 3rd day of September 2003 ^ Date 09/03/2003 Notary Pubic Tammy J Nelson TAMMY Jf^LSON NOTARY PUBUC • MMNESOTA My Commamn Eiipitt 3m. at. 2001 $222,711 28 •143,7M.6o ADDITIONS $0 00 $0M $000 $ooo‘ OEO^TIONS $0 00 $6 (» j wToo J PAYMENT APPLICATION Archil^ s Signature below is his assurance lo Owner concerning the payment herem appked for that (1) Architect has inspected the Work represented by this Appkcetion. (2) such Work has been cornpieted to the extent indicated in this Apphcalion. and the quaiMy of workmansfup and materials Contract Documents. (3) Ihrs Application for Payment accurately states the amount P«y">ent due therefor, and (4) Architect knows of no roeson why payment CERTIFIED AMOUNT.^../!(!^y..7f?..l^..f'‘!....„........................................... (If the certified amount isdjff^ent from the p^yrrmni due, you should attach an avptanation. IMal an the f*QusaaUhaninf&^mnaa^4^mah:h ffy cerfihed amount ) :hitect NeitbirlhM Application ni(r payment appked for herein is assignable Of negotiabt^PaynHant siw be rnade only to Contractor, and « w4ho«A prejudica to any lights of Owner or Contractor under the Contract Documenlt or otherwise -4i>6 /S7 I L I XQSS, INC OOCLW4ENT CONTINUATION PAGE Page 2 of 3 PaymenI AppMcalion containing Contractor's signature is attached 0300S Navarre Fire Station ITEM 1 2 3 4 5 6 7 8 9 to ’t 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 WORK nrnrniPTinN General Conditions Bonds Earthwork Site Utilities Asphalt Paving See Concrete Landscaping Concrete Masonry Precast Concrete Arch Precast Steel Fabrication Sleet Erection Rough Carpentry Milkiiioifc Waterproofing Roofing APPLICATION « date of application PERIOD THRU PROJECT #s 08r28/2003 08/28/2003 t: SCMEOULHD AMUUNI CauAing HM/Doors/Hardwate Overhead Doors Ai Clad Wood Windows Ai Glass & Glazing Ceramic Tile Acoustical Ceiling Tile ipoxy Flooring Carpet/Resibent Painting Toael Partitions oilet Accessories SUB TOTAI j $126 68/ 50 $9 994 00 $25,645 00 $11.900 00 $16.857 00 $4.950 00 $17.582 00 $41.200 00 $241.700 00 $9,283 00 $11.71500 $35 696 00 $8.700 00 $35.323 00 $13.102 00 $6,400 00 $48 840 00 $3 657 00 $9 345 00 $5 919 00 $9,952 00 $11.409 00 $7.130 00 $2,640 00 $11 500 00 $6 339 00 $11.178 00 $71100 I COMPLETED WORK AMOUNT PREVIOUS PERIODS $2.140 00 $747,494 50 $35 804 28 $9,994 00 $9,252 50 $11.900 00 $0 00 $0 00 $0 30 $11.900 00 $130.000 00 $0 00 $0 00 $0 00 $000 $0 00 $000 KOOOOO $000 $0 00 $1.082 50 $0 00 $0 00 $000 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $213.933 28 AMOUNT THIS PERIOD $17,433 50 $0 00 $5,723 50 $0 00 $0 00 $0 00 $0 00 $3 900 00 $48.000 00 $9 283 00 $11.71500 $9,585 00 $7.500 00 $0 00 I STORED materials (NOT IN D OR E $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $000 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $113.140 00 CONTINUATION PAGE FOR PAYMENT APPLICATION $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $000 $0 00 $000 $000 $0 00 $0 00 $0 00 t; TOTAL COMPLEU t) AND STORED (D*E»F) $53,237 78 $9,594 00 $14.976 00 $11.900 00 $0 00 $000 $0 00 $15.890 00 $178.000 00 $9,283 00 $11.71500 $9,585 00 $7.'00 00 $0 00 $0 00 $4.000 00 $000 $0 00 $1.082 50 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 PERCENT COMPLETE (G/C) 42% 100% 58% 100% 0% 0% 0% 38% 74% 100% 100% 27% 86% 0% 0% 63% 0% 0% t2% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 44% BALANCE TO COMPLETION (CG) $73,449 72 $0 00 $10.669 00 $0 00 $16,857 00 $4.950 00 $17.582 00 $25 400 00 $63,700 00 $0 00 $0 00 $26,111 00 $1.200 00 $35,323 00 I RCTAINAGC (IF VARIABLE $13.102 00 $2,400 00 $48,840 00 $3,657 00 $8 262 50 $5.919 00 $9,952 00 $11 409 00 $7.130 00 $2 640 00 $11.500 00 $6 339 00 $11.178 00 $71100 $2.140 00 $420,421 22 $2,662 00 $500 00 $749 00 $595 00 $0 00 $000 $000 $790 00 $8.900 00 $464 00 $586 00 $479 00 $375 00 $0 00 $000 $200 00 $0 00 $0 00 $54 00 $0 00 $0 00 $000 $000 $000 $0 00 $000 $0 00 $000 $0 00 $16,354 00 QSS, MC. document idiik .Jim. CONTINUATION PAGE PROJECT Payment AppUcitlon cotHaining Conlrador^t tignalure If altachnd 03005 Navarra Fire Station Page 3 of 3 APPLICATIONi DATE OF APPLICATION PERIOOTHRU 00/28/2003 00/20/2003 30 31 32 33 34 35 36 37 30 39 40 41 42 PROJECT WORK DESCRIPTION Lockeff Louvers Visual Display Boards Fire Extinguishers Misc Specialties Floor Mats Identifying Devices Residential Appliances Crane WMoer Blinds Mechanical Fire Protection Electrical totals SCHEDULED AMOUNT $7,280 00 $244 00 $81200 $350 00 $960 00 $1.91500 $7,554 00 $4.466 00 $6.709 50 $1.655 00 $236,000 00 $12.560 00 $110.000 00 COMPLETED WORK AMOUNT PREVIOUS PERIODS $0 00 $0 00 $0 00 $0 00 $000 $000 $0 00 $000 $0 00 $000 110.500 00 $0 00 $10.000 00 AMOUNT THIS PERIOD $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $3,375 00 $0 00 $27.71700 $2.130 00 $5.000 00 STORED MATERIALS (NOT IN D OR E) $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 TOTAL COMPLETED AND STORED (D ♦ E ♦ F) $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $3.375 00 $0 00 $38.217 00 $2.13000 $15.000 00 PERCENT COMPLETE (G/C) 0% 0% 0% 0% 0% 0% 0% 0% 50% 0% 16% 17% 14% BALANCE TO COMPLETION (C-G) $7.200 00 $244.00 $81200 $350 00 $960 00 $1.91500 $7,554 00 $4.466 00 $3.334 50 $1.655 00 $197 703 00 $10.430 00 $95.000 00 CONTINUATION PAGE FOR PAYMENT APPLICATION RETAINAGE (IF VARIABLE) $0 00 $000 $0 00 $0 00 $0 00 $0 00 $000 $000 $16900 $000 $1.91100 $107 00 $750 00 QSS. INC DOCUMENT r*; REQUEST FOR COUNCIL ACTION SEP 2 2 2003 DATE: ITEM NO: 23 Department Approval: Nenc Ron Moorse TUIe City Administrator Administrator Reviewed: #"7 Agenda Section: City Administrator's Report Item Description: Purchase of Personal Protective Equipment and SCBA Equipment for New Navarre Firefighters Attached is a letter from Mark DuCharme, Excelsior Fire Chief, regarding the purchase of personal protective equipment and self-contained breathing apparatus (SCBA) equipment to outfit the new firefighters at the Navarre Fire Station. The recommendation is to purchase S sets of turn-out gear, at a cost of $8,200; seven sets of SCBA equipment, at a cost of $21,114.94; and 17 SCBA face pieces, at a cost of $4,779.22. The total cost is S34.094.16. This expenditure is to be funded from the Navarre Fire Station Construction Fund. COUNCIL ACTION REQUESTED: Motion to approve the purchase of personal protective equipment and SCBA equipment to outfit the new firefighters at the Navarre Fire Station, at a cost of $34,094.16, to be funded from the Navarre Fire Station Construction Fund. Excelsior Fire District 339 Third street Excelsior, Minnesota 55331 Chitf Mark DuChann*Offlca Ma-aOIMOl Fax 9S2.474.«300 Date: To: From: RE: September 19, 2003 Ron Moorse, Orono Citv Administrator Fire Chief Mark DuCharme SCBA Purchase Opportunity Turn Out Gear Council Members, An opportunity to save several thousands dollars for the purchase of Self Contained Breathing Apparatus, (SCBA) has been offered to us. The St. Paul (Minnesota) Fire Department has placed a large order for SCB.A equipment that is similar in brand and model type of what is needed for the Orono Navarre Fire Station. The Vendor has offered this special pricing to Fire Departments that are ready to purchase SCBA. This opportunity would save the City of Orono at least twelve thousand dollars from an individual bid. Included with this memo is a break down of pricing. SCB.A equipment is MANDATORY in the operation of fire suppression services. I encourage City to take advantage of this pricing opportunity. The Long Fire Administration has reviewed the purchase plan and agrees that this equipment will fit in to long-range plans within their Fire Department. SCBA can usually be a planned replacement item eveiy 12 to 15 years. Personal Protective Equipment. (PPE). is govern by various national standards, guidelines and mandates. Firefighting turn out gear is a pan of PPE. The E.xcelsior Fire District, along with Long Lake Fire Department has set a goal of 12 to 15 responders, recruited and trained --ady for to respond to emergency calls by July 1,2004. Turn out gear equipment needs to be purchased for these individuals. Coats, pants, gloves, helmets, protective hoods, spanner belts, and boots are all part of this equipment. All PPE equipment will have a 5 to 10 year replacement. Long Lake Fire Department agrees that this PPE will be compatible with their operations. This equipment would be purchased on a need to order only basis, with a small inventory of glo\ es. hoods and boots. i REQUEST FOR COUNCIL ACTION ------.v»n SEP 2 2 200J ITEM NO: 2-4 Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Big Island Access and internal Circulation Wetland Delineation Regardin2 Access Drive At the September 1 1 work session, the Council authorized staff to obtain a proposal from BRA, the City's Consultant Engineer, for wetland delineation in the area of Big Island where the City has a public right-of-way lane on which an access drive could be constructed. The proposal from BRA is attached. The proposed cost is $1,490.00. Staff recommends approval of the proposal. Access Drive Construction The wetland delineation will provide information needed to prepare a feasibility report regarding the construction of an access drive. Because the access drive would run through a wetland area, it would require wetland filling and mitigation. The plan and cost related to the wetland issues will be included in the feasibility report. Internal Circulation The provision of an access dri\ e w ould address only one of the issues related to Big Island access. The other issues relate to internal circulation on the Island. These issues include the e.xter.t of vehicular use to be allowed on the Island, the use of public right-of-way lanes on the island, and the source of funding for any improvements to be made to public rights-of-way on the Island. With increased construction of homes on the Island, there is more use of vehicles on the Island. This vehicular use has led to propert> owners cutting trees on public right-of-w ay to create driving lanes. This could have a significant effect on the character of the Island. Staff is sending letters to the Big Island property owners advising them that it is illegal to cut trees on public rights-of-way. It is important that the issues related to vehicular access on Big Island are discussed in the near future, so that we can be proactive in addressing the issues before they grow into more difllcult issues. COUNCIL ACTION REQUESTED: Motion to approve the proposal from BRA for wetland delineation serv ices in the amount of $1,490, to be funded from the General Fund Contingency Account, and to place the Big Island access issues on an upcoming work session agenda.. .1__ Project Naim: Big Island Wetland Delineation Ctiant: CityofOrono To: Mr. Greg Gappa From: John Smyth Ro: Cost Estimate and Scope for Wetland Delineation FitoNo: 139^3^)00 Oafe; 9/19/03 Romorks: In order to establish an accurate area of wetland a jurisdictional wetland delineation will need to be completed. As per your request we have prepared a scope and cost estimate for this work. We have access to a boat so will be able to travel to Big inland located on Lake Minnetonka and will not need to rent a boat. Methodology Wetlands will be identified using standard delineation methodology described in the 1987 Army Corps of Engineers Wetland Delineation Manual as required by both the Minnesota Wetland Conservation Act and Section 404 of the Clean Water Act. To verify a site is wetland, three technical criteria will be examined and documented. A combination of the hydric soil, hydrophytic vegetation, and hydrology criteria defines wetlands as described in the National Food Security Act Manual (Soil Conservation Service, 1994) and the Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory, 1987). Therefore an area that meets the hydric soil criteria must also meet the hydrophytic vegetation and wetland hydrology criteria in order for it to be classified as a jurisdictional wetland. Task 1. Field Work Soils, vegetation, and hydrology will be documented at representative transect locaiion along the wetland edge. As required by the U.S. Army Corps of Engineers a plot will be placed in an area that meets the criteria to be a jurisdictional wetland. Subsequent plots will be placed upslope until jurisdictional wetland criteria is not met. At least one upland plot and one wetland plot will be documented on the Routine Wetland Delineation Data Form Oiled out for the transect. A wetland boundary will be staked in the field utilizing pink flagging that indicates Wetland Delineation Boundary. The boundary will be clearly marked so if necessary a survey crew will be able to locate the stakes. Tusk 2. Global Positioning System (GPS) Survey The flagging will be shot utilizing a GPS to allow mapping of the wetland boundary. Bonntroo, Aosene, AmhHIk and Auoel*t»$, Inc. 0 stawiiomM: 233S WMt Highway 3S SI Paul. MN SS113 Phona: SS1-63S-4S00 Facesi-ese-isti 0 MIIwmAm oniM: ISIS Waal Maquon Road Maquon. Wl S3092 Phono: 2S2-241.44M Fan: 262-241-4901 0 RociMMarOflico: 112 7*SlraolNE Rochaalar. MN SS906 Phono: 807-262-2100 Fao: 907-262-3100 0 VWIImarOfflc*: 209 Sih Strati SW WHtnar. MN 96201 Phono 320-214-9997 Faa: 320-214-9496 0 StCleudOfflM: 3721 23* Strati S SL Cloud. MN 96301 Phono 320-291-4993 Fax: 320-291-6292 r lw|fiwtiw 4 AfdiUftt Memo •<t-w JUA »‘^i.\Jdm I Task 3. Wetland Delineation Report A report will be prepared for the wetland delineation that includes: 1. 2. 3. 4. 5. 6. Introduction Report Summary Methodology Site Specific Methods and Results Figures: Project Location, National Wetland Inventory Map, Soils Map, Wetland Delineation Location Map Appendix: Data Forms - Routine Wetland Determination Cost Estimate We estimate the cost to complete the woric as presented in this memo as follows: Scope of Services Task Estimate Cost I. Field Work $ 440.00 2. GPS Survey Delineation Boundary $ 75.00 3. Wetland Delineation Report $ 600.00 4. Expenses - GPS Equipment S 75.00 5. Expenses - Travel S 150.00 6. Travel Time $ 150.00 TOTAL i 1,490.00 SoriMfroo, Amm#, AnderUk end AMoctelM, Inc. 2335WMHlQNirty36 St Paul, MNsail3 Phona: eSl-t3S-4600 Fai: e81-S3S-1311 ISIS WMlMaquon Road Maquon.WI530S2 Phona: 202-241-4468 FaR 262-241-4901 112 7*8lraalNE Pfiont 807-262-2100 FaR: 807-262-3100 206 96i8lrMlSW VM9W.MN 86201 Phana: 320-214-6687 FaR: 320-214-6486 372123*8lrM(S St. Ooud. MN 96301 Phona: 320-281-4883 FaR: 320-281-6282 —_____ REQUEST FOR COUNCIL ACTION SEP 2 2 2003 DATEVieptf ITEM NO: £5^ Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed: /I Agenda Section: City Administratoi's Report Item Description: Post*Employment Health Care Savings Plan A post-employment Health Care Savings Plan (HCSP) has been developed for the City’s non-union employee group. An HCSP is a program that enables employees to set aside money to pay medical costs and/or health insurance premiums after termination of employment with the City. The advantage of an HCSP is that the dollars are not considered ta.xable income when they are initially contributed into the account, and they are not considered taxable income when they are used to pay medical expenses or insurance premiums. This enables a significant savings on health care costs. Employees can contribute into the plan either by payroll deduction, or by the contribution of severance pay at the time of termination from employment. The ability to contribute severance pay into the plan on a pretax basis provides a substantial benefit, because the tax bite on a lump sum payout of severance pay is substantial. Plan Administration The plan is administered by a third-party provider. The only cost to the City is to set up the payroll deductions. StatT is in the process of selecting the plan administrator. Because it will take some time to put all necessary administrative procedures in place, the plan may be implemented in two phases. The first phase would be the severance pay contribution. The second phase would be the payroll deduction contribution. Plan Design Although all employees in the non-union employee group, or in a bargaining unit, must participate in the plan, some flexibility can be added to the design of the plan by creating subgroups within the plan. In the proposed plan, the non-union employee group was divided into subgroups based on years of service. Through an employee survey and an employee meeting, a consensus was reached regarding the design of the plan. The plan design includes two main elements: the contribution of severance pay into the plan, and the contribution into the plan by payroll deduction. The selected plan design is as follows: Severance Pav. Severance pay includes one third of accumulated sick leave to a maximum of 320 hours, and accumulated vacation leave to a maximum of 240 hours. 0-S years: 6-10 years: 11-1S years: 16-20 years: 21+years: zero contribution 100% contribution 100% contribution 100% contribution 100% contribution •JiUll*.ution bv Payroll Deduction The contribution by payroll deduction is a percentage of gross pay to be deducted in each pay period. 0-S years: 6-10 years: 11-15 years: 16-20 years; 21+years: zero contribution 1% contribution zero contribution 1% contribution 1% contribution To place this plan into effect requires the adoption of a resolution approving the plan and amending the City ’s personnel policy to include the plan. A resolution is attached for Council consideration. COUNCIL ACTION REQUESTED: Motion to adopt the attached resolution approving the proposed post-employment health care savings plan, and amending the City ’s personnel policy to include the HCSP. 1 A RESOLUTION APPROVING A POST-EMPLOYMENT HEALTH CARE SAVINGS PLAN AND AMENDING THE PERSONNEL POLICY TO REFLECT THE CHANGE WHEREAS, IRS rules allow cities to create Post-Employment Health Care Savings Plans (HCSPs) for their employees; and WHEREAS, an HCSP provides substantial tax savings in relation to the payment of health care costs; and WHEREAS, the City ’s non-union employees have agreed on the design of an HCSP. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orono, Minnesota: I. That the following Post-Emplo>ment Health Care Savings Plan be adopted: Employee Payroll Contribution Employees with 0-5 years of ser\ ice will contribute 0% of pay. Employees with 6-10 years of service will contribute 1% of pay. Employees with 11-15 years of serv'ice will contribute 0% of pay. Employees with 16-20 years of service will contribute 1% of pay. Employees with 21+ years of service will contribute 1% of pay. Severance Contribution Employees with 0-5 years of service will contribute 0% of pay. Employees with 6-10 years of serv ice will contribute 100% of pay. Employees with 11-15 years of service will contribute 100% of pay. Employees with 16-20 years of serv ice will contribute 100% of pay. Employees with 21+ years of serv ice will contribute 100% of pay. 2. 3. That the City ’s Personnel Policy be amended to reflect these changes. That the policy establishing the Health Care Savings Plan will be reviewed within two years. Page 1 of2 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 22nd day of September, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Page 2 of 2 F V V ^ , I REQUEST FOR COUNCIL ACTION .......................Mfi 5fP 2 2 2003 oi I r OP Onuivy DATE: September 18,2003 ITEM NO; 2^ Departmcot Approval: Name Lin Vee Title City Clerk Administrator Reviewed:Agenda Section: Licenses Item Description: List of Licenses for Council Approval GAMBLING PREMISES PERMIT RENEWAL - RESOLUTION 1.National Mukiple Sclerosis Society, Minnesota Chapter Narrows Saloon 3380 Shoreline Drive SPECIAL EVENT PERMIT 1. William G. Lawton (Wedding ditmer and dance) 425 Old Crystal Bay Road South COUNCIL ACTION REQUESTED: Motion to approve/deny the above listed licenses. I 1 ii : , a 4 c A RESOLUTION GRANTING RENEWAL OF GAMBLING PREMISES PERMIT FOR THE NARROWS SALOON LOCATED AT 3380 SHORELINE DRIVE BE IT RESOLVED, the City of Orono agrees to approve the renewal gambling permit application for the National Multiple Sclerosis Society, Minnesota Chapter to conduct lawful gambling at the Narrows Saloon, 3380 Shoreline Drive, Orono, Minnesota, for the renewal period of January 1 ,2004 through December 31,200S. Adoption of the foregoing resolution at the regular September 22, 2003 Council meeting was moved by ________________________________and duly seconded by__________________________________ The following Council Members voted in the affirmative: The following Council Members voted in the negative: Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 22"^ day of September, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor i i « ! ! ' I 8«|» 13 03 06:35a adalnistrator 0V12/3M9 t*:W 612335795®16 SOCIETY 7153923422 l**2 I! i' cXS AAcLirv\ UwM Gambling UcMisc Renewal Application 102M6 rrr^*^ CMIf UUiMm onitiir W#rUtavMM 5S37J N^iraSvMiM 4 a* a • 20012ttlAvcSr MhweopOfc^MM 5S415 (612)335-7 (952) 440-3160 6^1<V1958 477-76^015 SSrSiSSTuv »»47 (952)9344076 Ooteaftirtfi: W19S2 470-! NimnvsSatooo 3380 SiMMlne Otr Nwan«,MN 55392 IsUMOonri Oirtk oMhe UhB 7445 Shady wood M, Naoire.MN 55392 aowMIiiO Acff: 7433096 itui&Hfiaatngaiai 1-t Lin Vee - MuBjote Sderotii - Narrows Saloon Page From:Kurt Erickson To:Lin Vee Date:W18/03 1:38PM Sul^eet:Multiple Sclerosis - Narrows Saloon Un, We do not have any concerns about the Multiple Sclerosis Society renewing ifs permit at the Narrows Stfoon for charitable gambling. Kurt I l i* Lit'. .. fVj CITY OF ORONO SPECIAL EVENT PERMIT Date Itfucd: Dateof Eveat: Time: September 23,2003 Saturday, September 27,2003 1:00 p.m.-1:00 a.m. Name of Penon(s) And/or Organization Sponsoring this Event: William G. Lawton 425 Old Crystal Bay Road South Long Lake. MN S53S6 Phone:952-473-3516 Location of Event: 425 Old Crystal Bay Road South Type of Event:Wedding and dance with live music The following documents are required and on file at the City Administrative Offices: • Certificate of General Liability Insurance • Approval from Orono Police Department • Approval from Orono Building & Zoning Department The following conditions have been placed on this event: • This special event permit is subject to immediate revocation by the Orono Police Department upon violation of any City Ordinances or identification of hazards to safety of the public. • A noise exemption will be granted for live music which may be played until 12:00 a.m. Midnight. Notification of the event is to be provided to the neighbors. Parking on Old Crystal Bay Road South is to be limited to the west side of the road. If White Oak Circle is to be used for parking, permission from the Homeowners Association is required. Any directional signs are to be removed within 48 hours after the wedding party. Approved at City Council meeting on: September 22,2003 (City Seal) Ronald J. Moorse, City Administrator 27S0 Kelley Parkway. P.O. Box 66. Crystal Bay. NfN SS323 Phone: 9S2-249-4600 / Fax: 9S2-249-4616 / ww'w.ciorono.ion.us CITY OF ORONO *Check Detail Registei®______________-iMfi 09/iam 8:17 AM Page 1 Z7 SEPTEMBER 2003 Check Amt Invoice Comment SEP 2 2 2003 ciiruruHonu 10100 Primary Cash Paid Chk« 076693 9/8/03 HUDSON MAP CO E 101-42110*221 Equipment Parts & Accessories E 101-42110-201 Office supplies Total HUDSON MAP CO ($47.77) 2769 ($47.77) 2769 ($95 54) Void Check 76693 Void Check 76693 Paid Chk« 076738 9/22/03 AJ. OALLAQHER S CO OF MN. INC E 101-42110-370 Insurance Agent of Record E 601-49400-370 Insurance Agent of Record E 602-49450-370 Insurance Agent of Record E 101-41900-370 Insurance Agent of Record E 613-49830-343 Other Advertising Total A.J. GALLAGHER SCO OF MN, INC $91000 $80 00 $16500 $550 00 $75.00 $1.800 00 25582 25582 25582 25582 25582 4th agent fee 4th (Hr agent fee 4th Qtr agent fee 4th Qtr agent fee 4th Qtr agent fee Paid Chk# 076739 9/TZ03 ACCLAIM BENEFITS E 101 -41900-489 Other Miscellaneous Charges E 101 -41900-489 Other Miscellaneous Charges Tout ACCLAIM BENEFITS $77.00 337705 $137.75 337706 $21475 COBRA Adm-8/2003 FSAAdm-8/2003 Paid Chk# 076740 9/2Z03 ANCHOR BANK E 101-43290-489 Other Miscellaneous Charges Tout ANCHOR BANK $525 00 9/16A)3 $525 00 tnt Due 9/17/03 Equip Cert Paid Chk# 076741 9/2Z03 ANDERSON. KRISTI E 101 -42400-319 Other Professional Services Total ANDERSON, KRISTI $260 00 091503 $26000 planning minutes 9/15/03 Paid Chk# 076742 9/2Z03 BIFFS INC. E 101-45200-415 Other Equipment Rentals E 101-45200-415 Other Equipment Rentals E 101-45200-415 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 $141.82 $161 82 $6091 $6091 $256 91 $880 19 W201199 W201200 W201201 W201202 W201203 W201204 Portable Portable Portable Portable Portable Portable Bederwood Summit Beach Hackberry GC CB Playground Navarre Paid Chk# 076743 9/22/03 BONESTROO ROSENE 8 ASSOC. G 602-16500 Fixed Asset-Const in progress E 101-43170-303 Engineering-Retainer E 101-43280-304 Engineering-Consulting E 101-43170-304 Engineering-Consulting E 101-43280-304 Engineenng-Consulting E 101-43170-304 Engineenng-Consulting E 101-43170-304 Eng.neenng-Consulting E 101-43280-304 Engmeenng-Consulting E 101-43280-304 Engineering-Consulting E 101-43280-304 Engineering-Consulting E 101-43280-304 Engineering-Consulting G 602-16500 Fixed Asset-Const m progress E 402-48030-304 Engmeenng-Consulting E 402-48036-304 Engineering-Consulting E 651 -49910-304 Engineering-Consulting G 602-16500 Fixed Asset-Const in progress G 602-16500 Fixed Asset-Const in progress E 406-48736-304 Engineenng-Consulting E 425-48945-304 Engmeenng-Consulting $66500 $100 00 $411 08 $222 00 $26271 $557 50 $903 17 $1.030 96 $1,151 24 $96 00 $656 16 $261 00 $1.386 71 $187 50 $600 00 $306 00 $79278 $223 00 $3.224 34 100680 100680 100680 100680 100680 100680 100680 100680 100680 100680 100680 100681 100683 100684 100685 100686 100687 100689 100890 Phillips San Swr Ext CR6/N Brw Counal Mtgs July 2003 Kokesh Farms Plat 2663 Prpj Plan Bus Shelter CR15/Kel LL/Orono Fire Drainage Tie-Out Util at Bus Shelter CR Orono Zoning Map Prep Stonebay Plat 02-2789 Applications July 2003 Drainage Plan Revieias w/Oman UMtka Woods Plat 2263 SCADA 07/2003 CoRd 19 Sidewalk W1II0W/TH12 Left Turn Stubbs Bay Rd Erosion Imp NLL Swr Ext-John Makay CR15/Spates Force Main Imp Femdale Rd Bridge Replace Nav Fire St UbI Imp ___MMiki oT o CITY OF ORONO *Check Detail Register© SEFTEilBER 2003 Check Amt Invoice Comment G 60M6500 Fixed Asset-Const in progress E 402-48037-304 Engineering-Consulting E 425-48945-304 Engineering-Consulting E 402-48038-304 Engineering-Consulting G 602-16500 Fixed Asset-Const in progress ToUl BONESTROO ROSENE A ASSOC. $19200 100691 $245 00 100692 $427 99 100693 $5.330 68 100694 $77146 10682 $20.00428 Industrial Pk Wtr Main Imp Fox St Bridge Replace Nav Fire Site Imp CR6WU10W SCAOA RFP#2 Paid Chk« 076744 ^9/22A)3 BRINKHAUS. JACK E 101-43000-489 Other Miscellaneous Charges ToUl BRINKHAUS. JACK $^^9^ 9/9^3 $98 95 Mailbox Paid Chk# 076745 9/22/03 BROWNELLS. INC E 101-42110-228 Training Supplies Tout BROWNELLS. INC $225 95 2864821.00 $225 95 Training Supplies Paid Chk# 076746 9/22A)3 CEMSTONE E 601-49400-227 Utility System Maint Supplies E 601-49400-227 Utility System Maint Supplies ToUl CEMSTONE $31 15 367122 $555 83 75585 $5^86 98 Main Break - Livingston Livingston Ave Main Break raid Chk« 076747 9/22/03 CHUNKS LAKESHORE AUTO E 101-42110-402 Repairs/Maint-Auto Equip $6576 24248 Oil. Air Filter #195 E 101-42110-402 Repairs/Maint-Auto Equip $2845 24278 Mount Tires #195 E 101-42110-402 Repairs/Maint-Auto Equip $68 58 24284 Oil Chg. RotaU Trs #196 E 101-42110-402 Repairs/Maint-Auto Equip $30.13 24289 OU Chg 91 Olds E 101-42110-402 Repairs/Maint-Auto Equip $1.160 48 24292 Oil. Brakes. Tune #192 E 101-42110-402 Repairs/Maint-Auto Equip $87 07 24294 Oil. Wig Wag #193 E 101-42110-402 Repairs/Maint-Auto Equip $43587 24316 Oil. EGR. Belt #191 E 101-42110-402 Repairs/Maint-Auto Equip $55 08 24319 Oil. RoUU Tires #198 E 101-42110-402 Repairs/Maint-Auto Equip $47 88 24327 Oil. Spot Mount #197 ToUl CHUNKS LAKESHORE AUTO $1.979 30 Paid Chk» 076748 9/22/03 CITYVIEW PLUMBING A HEATING E 703-49960-378 Other Insurance Related Exp $323 25 23304 E 703-49960-378 Other Insurance Related Exp $593 05 23306 ToUl CITYVIEW PLUMBING A HEATING $916 30 City HaH Water Damage City HaU Water Damage Paid Chk# 076749 9/22/03 COMMISSIONER OF TRANSPORTATION E 402-48032-590 Street Construction $759.147 71 21300023558 MSATH12toFox ToUl COMMISSIONER OF TRANSPORTATION $759.147 71 9/22/03 DCA-W1RE ONLYPaid Chk# 076750 G 101-21719 DCA/Spending Accounts ToUl DCA-WIRE ONLY 09/18A)3 8 17 AM Page 2 $382 00 9/16/03 $382 00 Flex Spending Acct 9/16/03 Paid Chk# 076751 9/22/03 DEPT OF ADM - INTERTECH GROUP E 101-41900-321 Telephone $118 77 W03070598 E 101-42110-321 Telephone $50 91 W03070598 ToUl DEPT OF ADM - INTERTECH GROUP $169 68 Phone Service 7/2003 Phone Service 7/2003 Paid Chk# 076752 9/22/03 DEW CORPORATION E 425.46945.520 BuiMiODa and Structurea G 425-20600 Contracts Payablt Total OEW CORPORATION S1S1.362 00 RFPi3 (67.568 00) RFPf3 RFPf34tovarra Fire Station RFPiS-Navarm Fk* StaUon 1143.794 00 Paid Chk# 076753 9/22/03 E-2RECYCUN0 E 10M3270-316 Contract Racyding Pickup $6,409.20 5561 Racydlng 9/2003 dtliMaNliiiiaMliJ CITY OF ORONO 'Check Detail Register® 09/18/03 8 17 AM Page 3 SEPTEMBER 2003 Check Amt Invoice Comment I Tout E-Z RECYCLING 16.40920 Paid ChK# 076754 9/22/03 EGAN MCKAY ELECTRICAL CONTRCTR E 10M300(M08 Contracted Street Maint Total EGAN MCKAY ELECTRICAL CONTRCTR $222 £C $222 *: JC3C10751 BuIb-Hwy12/OCB Rd Paid Chk# 076755 9/22^03 ELECTRIC PUMP E 602-4945(M06 Repairs/Maint-Swr lines/lifts $1,761 56 24187 Repairs • LS #6 Tout ELECTRIC PUMP $1,761 S5 Paid Chk# 076756 9/22/03 FEDEX E 101-41900-322 PosUge $15 75 4-878-21538 express mail Total FEDEX $15 75 Paid Chk# 076757 9/22/03 FERGUSON ENTERPRISES. INC E 602-49450-227 Utility System Maint. Supplies $208 3 338890 Pipe - Lift Stations Tout FERGUSON ENTERPRISES. INC $20831 Paid Chk# 076758 9/22/03 G S K SERVICES E 101-43000-226Clothing & personal equipment $75 3c 006-^85114 Uniforms E 613-49830-226 Clothing & personal equipment $5 75 006-655114 Uniforms E 602-49450-226 Clothing & personal equipment $37 €5 006-685114 Uniforms E 101-41900-404Repairs/Maint-Bldgs/Grounds $94 006-685114 Mat Service • PW E 601-49400-226 Clothing & personal equipment $12 56 006-685114 Uniforms E 101-42110-404 Repairs/Maint-Bidgs/Grounds $106 1*C06-685115 Mat Service - PD E 101-41900-404Repairs/Maint-Bldgs/Grounds $54 9:006685116 Mat Service • Adm E 101-41900-404Repairs/Maint-Bldgsr^Grounds $62 C*006685117 Mat Service - CC Tout G&KSERV1CES $448 7: Paid Chk# 076759 9/22/03 GALL'S INC. E 101-42110-221 Equipment Parts & Accessories $173 55 565717260 Poitabla Recorders E 101-42110-226 Clothing & personal equipment $14 25 56639*00901 Gold Letters ToUl GALL'S INC.$187 94 Paid^Chk# 076760 9/22A)3 GENUINE PARTS CO. E 101-41900-223 Bldg/Grounds Maint Supplies $18 7:122732 Wasp Spray E 601-49400-227 Utility System Maint Supplies $3 5:122980 Paper Cups-Wtr Pint E 601-49400-227 Utility System Maint Supplies $1655 123C60 Gaiv Pipe E 601-49400-227 Utility System Maint Supplies $4 2:123C63 Teflon Paste E 601-49400-227Utility System Maint Supplies $12 5-:123C72 Gaiv Pipe E 101-43000-221 Equipment Parts & Accessories $6 71 123C87 Nuts/Bolts E 101-42110-221 Equipment Parts & Accessories $3 71 123C89 Key. Screws E 101-41900-223 Bldg/Grounds Maint Supplies $18^5 123194 Adhesive. Putty Knife E 101-41900-223 Bidg/Grounds Maint Supplies $9 55 123264 Roof Sealant - PO E 601-49400-223 Bldg/Grounds Maint Supplies $1 52 123322 CoupiirHis E 101-42110-201 Office supplies $14 65 123343 Phone Line E 613-49830-223 Bldg/Grounds Maint Supplies $6691 123391 Padlock. Misc Hardware E 101-45200-223 Bldg/Grounds Maint. Supplies $6 15 123663 Hose Repair Supplies E 10165200-223Bldg/Grounds Maint. Supplies $28 65 123682 Cham • Portables E 61369830-223Bldg/Orounds Maint Supplies $26 5:123692 Sprinkler. Soap E 10162110-221 Equipment Parts & Accessories $5 55 123736 Light Bulb E 60169400-223Bldg/Grounds Maint Supplies $3 13 123755 Adhesive E 61369830-201Office supplies $4C2 123762 Key. Hook 6 Eye E 10165200-223Bldg/Grounds Maint Supplies $313 123682 BasketbelNet E 10165200-223Bldg/Grounds Maint Supplies $5 .1 123912 Nutsmofts E 60169400605Repairs/Maint-Wetermains/ptant $4259 123945 Ptastic 211 CITY OP ORONO *Check Detail Register® 09/18/03 8 17 AM Page 4 SEPTEMBER 2003 Check Amt Invoice Comment £613-49830*221 E 613-49830-221 E 101-43000-221 E 101-42110-201 £601^9400-240 E 101-43000-221 E 613-49830-223 E 101-45200-221 E 101-43000-221 E 602-49450-227 E 613-49830-221 E 613-49830-221 E 613-49830-221 E 101-43000-221 E 613-49830-221 E 101-43000-221 E 101-45200-223 E 101-43000-221 E 101-43000-221 E 101-43000-221 E 613-49830-221 E 101-43000-221 Equipment Parts & Accessories Equipment Parts & Accessories Equipment Parts & Accessories Office supplies Small Tools and Minor Equip Equipment Parts & Accessories Bldg/Grounds Maint. Supplies Equipment Parts & Accessories Equipment Parts & Accessories Utility System Maint. Supplies Equipment Parts & Accessories Equipment Parts & Accessories Equipment Parts & Accessories Equipment Parts & Accessories Equipment Parts & Accessories Equipment Parts & Accessories Bldg/Grounds Maint Supplies Equipment Parts & Accessories Equipment Parts & Accessories Equipment Parts & Accessories Equipment Parts & Accessories Equipment Parts & Accessories Total GENUINE PARTS CO. $6968 123973 ($63 64) 124002 $8 41 124003 $29 78 124213 $1063 124236 $14 33 124312 $22 10 124324 $19 16 124582 $18 70 755907 $49 46 756233 $11 43 756301 $8 48 756325 $6 35 756487 $4 24 757452 $11 85 757911 $1370 757912 $4 41 758463 $14 72 758520 $9 77 758863 ($8 20) 759139 $0 75 759340 $9/47 759674 $656 29 ' Padlocks Return Pins Batteries Brush Misc Supplies Door Closer. Post Sprinkler Misc Supplies Oil • Lift Stations Fuse Lens Spark Plugs Wheel Sp Plug. Oil. Filter Plug. Cleaner Sprayer Misc Supplies Solenoid Ret Solenoid. Gojo Cap Misc Supplies Paid Chk# 076761 9/22/03 GERRING'S CAR WASH E 10142110403 Repairs/Maint-Misc Equip $8 00 9/4/03 Car Wash E 10142110403Repairs/Maint-Misc Equip $9 00 9/6/03 Car Wash E 10142110403Repairs/Maint-Misc Equip $1100 9/9/03 Car Wash Total GERRING*S CAR WASH $28 00 Paid Chk« 076762 9/22A)3 OOLF CAR MIDWEST E 613-49830.403 Repairs/Maint.Misc Equip $434 33 301837 Cart Damage E 613-49830.403 Repairs/Maint-Misc Equip $776 68 301845 Cart Damage E 613-49830-403 Repairs/Maint-Misc Equip $630 84 301855 Cart Damage E 613-49830-403 Repairs/Maint-Misc Equip $1.046 95 301856 Cart Damage £613-49830-415Other Equipment Rentals $1.600 00 8/31/03 Cart Lease Total GOLF CAR MIDWEST $4.488 80 Paid Chk# 076763 E 101 -419(X)-329 Other Communications E 10142110-414 EDP/Communications Equip Rent Tout HENNEPIN COUNTY INFOR TECH DPT $87 98 23087182 $1,541 89 23088023 $1,629 87 ~ Database Access Radio Lease 8/2003 Paid Chki 076764 9/22/03 HINSHAW A CULBERTSON E 10143280-307 Legal-Consulting E 10143280-307 Legal-Consulting E 10143280-307 Legal-Consulting E 10141600-307 Legal-Consulting E 10141600-307 Legal-Consulting E 10141600-307 Legal-Consulting E 60149400-307 Legal-Consulting E 10141600-307 Legal-Consulting E 10141600-305 Legal-Retainer Total HINSHAW A CULBERTSON $588 00 10329092 Stonebay Apptic duty 2003 $1.018 00 10329092 Boyer/Mintaka July 2003 $1.723 58 10329092 Applications July 2003 $260 00 10329093 Hollander Matter $542 50 10329093 Cable Prop Zoning Violation $715 00 10329093 Van Eckout Matter $360 00 10329093 Water Tomr Lease ATAT $153 78 10329093 Orono Prof Prop $1.300 00 10329094 Council Migs - July 2003 $6.660 86 Paid Chki 076765 9/22/03 HUDSON MAP CO CITY OF 0R0t40 09/18/03 8 17 AM Pages *Check Detail Register® SEPTEMBER 2003 Check Amt Invoice Comment E 101-42110-221 Equipment Parts & Accessories ToUl HUDSON MAP CO S47 77 2769 $4777 2004 Street Attes Paid Chk« 076766 9^22/03 HUEBSCH RENTAL SERVICE E 613-49830-404 Repairs/Maint-Bldgs/Grounds $25 66 874360 ToUl HUEBSCH RENTAL SERVICE $25 66 Mat Service - GC KELLY INNPaid Chk# 076767 9/22A)3 E 101-42110-437 Training & Development Total KELLY INN $91 84 445742 $91 84 Lodging 9/4/03 - Famiok Paid ChkS 076768 9/22A)3 KUSTOM SIGNALS INC E 101-42110-403 Repairs/Maint-Misc Equip $14707 171244 ToUl KUSTOM SIGNALS INC $147 07 Paid 6hki 076769 9^2/03 LAKESHORE WEEKLY NEWS E 613-49830-340 General Advertising $75 00 102403 Radar Repair i Pnnt Adv - GC ToUl LAKESHORE WEEKLY NEWS $75 00 Paid Chk« 076770 9/22A)3 LMCIT- DO BERKLEY - STREET AD E 703-49960-361 General Liability Ins $19.789 25 13922 ToUl LMCIT- C/0 BERKLEY - STREET AD $19,789 25 : comp munic cov pmt #4 Paid Chk# 076771 9/22A)3 LOGIS E 101-41900-311 Data Processing Communication E 703-49960-378 Other Insurance Related Exp E 101-41900-329 Other Communications E 101-42110-329 Other Communications E 101-42110-310 LOGIS-Applications Tout LOGIS $30 00 $1.357 50 $159 00 $159 00 $1.643 00 $3.348 50 23225 23225 23225 23225 23225 Henn Cty Connection City Hall Water Damage Internet 7/03 Internet 7/03 Police Records 7/03 Paid Chk# 076772 9/22/03 E 101-43000-226 Clothing & personal equipment ToUl LONG LAKE POWER EQUIPMENT LONG LAKE POWER EQUIPMENT $18 09 50197 $18.09 Safety Glasses Paid Chk# 076773 9/22/03 LONG LAKE. CITY OF R 231 -35610 Drug Forfeitures ToUl LONG LAKE. CITY OF $45000 Stattman $450 00 LL Share - SUttman Forfier Paid Chk# 076774 9/22A)3 MALLOY MONTAGUE KARNOWSKIS CO E 602-49450-301 Auditing and Acct g Services $150 00 11876 E 101-41900-301 Auditing and Acd'g Services ($150 00) 11876 E 101-41900-301 Auditing and Acct g Services $85 00 11876 Tout MALLOY MONTAGUE KARNOWSKI S CO $85 00 audit expense ad] audit exper^e adj prep publishing stmt 9/22/03 MAYRAND INCPaid Chk# 076775 E 613-49830-340 General Advertising Tout MAYRAND INC $319 90 30335 $319 90 Business Directory Paid Chk# 076776 9/22/03 MCLEOD USA • PHONE BILLS E 601-49400-321 Telephone E 602-49450-321 Telephone E 602-49450-321 Telephone E 601-49400-321 Telephone E 101-41900-321 Telephone E 101-42110-321 Telephone $23 29 604893 $39 45 604893 $54 33 604893 $47 40 604893 $48901 604893 $209 57 604893 Phone Service 8/2003 Phone Service 8/2003 Phorte Service 8/2003 Phone Service 8/2003 Phone Service 8/2003 Phone Service 8/2003 CITY OF ORONO Check Detail Register® 09/18/03 8:17 AM Pages SEPTEMBER 2003 Check Amt Involc# Comment Tout MCLEOD USA-PHONE BILLS $86305 Paid Chki 076777 9/22/03 MET COUNCIL ENVIRONMENTAL SVCS E 602-49450-383 MWCC-Current Charges $31.403 67 761915 Total MET COUNCIL ENVIRONMENTAL SVCS $31.403 67 Wastewater Chrgs -10/2003 Paid Chk# 076778 9/22A)3 MIDWEST ASPHALT E 101-43000-224 Street Main!. Matenals/Supply Total MIDWEST ASPHALT $1.690 76 71523MB $1.690 76 Asphalt Paid Chk# 076779 9/22/03 MIDWEST COCA COLA BOTTLING CO E 613-49900-092 Soft Dnnks For Resale $125 10 62492126 Total MIDWEST COCA COLA BOTTLING CO $12510 Soda for Resale Paid Chki 076780 9/22A)3 MINNEAPOUS OXYGEN COMPANY E 101-43000-415 Other Equipment Rentals $3169 RI08030893 E 101-42110-221 Equipment Parts & Accessories RI08030894 Total MINNEAPOLIS OXYGEN COMPANY $47.54 Acetylene. Oxygen Cylinders Medical Oxygen Cylinder Paid Chk# 076781 9/22/03 MINNESOTA DEPT. OF REVENUE G 101-20806 Due to Govts-State Sales Tax R 101-34210 General Taxable Sales/Servioe G 613-20806 Due to Govts-State Sales Tax R 601-39610 Miscellaneous Revenue Total MINNESOTA DEPT. OF REVENUE $76 00 8/2003 $12 00 8/2003 $2.383 00 8/2003 $2^ 8/2003 $2*473 00 Sales Tax 8/2003 Sales Tax 8/2003 Sales Tax 8/2003 Sales Tax 8/2003 Paid Chk# 076782 9/22/03 MOUND, CITY OF E 101-42110-437 Training & Development $4500 1017 Enenjlze Seminar E 101-41300-437 Training & Development $1500 1017 Energize Seminar E 101-41500-437 Tram.ng & Development $1500 1017 Energize Seminar E 101-42260-318 Fire Services $32^35 00 920 Fire Service • 4th Qtr 2003 Total MOUND. CITY OF $33.01000 Paid Chk# 076783 9/22/03 MTIDIST CO. E 613-49830-403 Repairs/Maint-Misc Equip E 613-49830-404 Repairs/Maint-Bldgs/Grounda E 613-49830-404 Repairs/Maint-Bldgs/Grounds E 613-49830-404 Repairs/Maint-Bldgs/Grounds Total MTI DIST CO. $34 99 3 6267 $170 00 378934-00 $605 24 3789504X) $219 70 3789954X) $1.029 93 Coupling irrigation Repairs Irrigation Repairs Irrigation Repairs Paid Chkf 076784 9/22/03 MUNICIPAL CODE CORPORATION E 101-43290-800 Special Projecta. Contingency $1.45266 55426 ToUl MUNICIPAL CODE CORPORATION $1,452 66 Supplement Pages 4 9/22/03 NEOPOSTPaid Chk# 0767ES E 101-41900-401 Repairs/Maint-Office Equip Total NEOPOST $402 60 41439908 $402 60'^ maint for postage meter Paid Chk# 076786 9/22/03 OFFICE DEPOT E 101-41900-201 Office supplies E 101-41900-201 Office supplies E 101 -42110-201 Office supplies Total OFFICEDEPOT ($3 41) 214717719 $251 87 214719763 $206 09 214719/63 Office Supplies Office Supplies Office Supplies $454 55 Paid Chk# 076787 9/22A)3 PETERSON. BARBARA E 101-41110-437 Training & Development $138 88 001703 LMCconforence j CITY OF ORONO *Check Detail Register® 0d/iaA)3 8 17 AM Page? SEPTEMBER 2003 Check Amt Invoice Comment ToUl PETERSON. BARBARA SI 38 88 Paid Chk# 076788 9/22A)3 PLUNKETTS E 101-45200-404 Repairs/Maint-Bldgs/Grounds ToUl PLUNKETTS $90 53 S-73298 $90 53 Hornets - Antone Park Paid Chk« 076769 9/22/03 POMP'S TIRE SERVICE E 101-43000-403 Repairs/Maint-Misc Equip $83969 383927 Tires # 428. Mnt Loader Tires Total POMFS TIRE SERVICE $83969 Paid dhk# 076790 9/22/03 PRAIRIE RESTORATIONS INC. E 101-45200-404 Repairs/Maint-Bldgs/Grounds $366 73 73236 Native Prairie Maint ToUl PRAIRIE RESTORATIONS INC.$366 73 Paid ChMI 076791 9/22/03 PRECISION TURF E 613-49830-223 Bldg/Grounds Maint Supplies $366 57 21895 GC Chemicals ToUl PRECISION TURF $366.57 Paid ChIdP 076792 9/22A)3 QWEST E 613-49830-321 Telephone $103 00 612E440016 Phone Service ToUl QWEST $10300 Paid 6hki 076793 9A22A)3 R.C. ELECTRIC. INC E 613-49830-404 Repairs/Maint-Bldgs/Giounds $1.000 00 8/27/03 Security Lights - GC ToUl R.C. ELECTRIC. INC $1,000.00 Paid Chk* 076794 9/22A)3 RETTINQER BROS OIL CO. E 101-41300-489 Other Miscellaneous Charges $25 50 8/27/03 Ice - Picnic E 101 -41300-489 Other Miscellaneous Charges $51 00 8/27/03 Ice - Picnic ToUl RETTINOERBROSOILCO.$76 50 Paid Chk# 076795 9/22/03 RICKS SUPERVALUE E 101-41300-489 Other Miscellaneous Charges $103 75 8/26/03 Employee Picnic E 101-41300-489 Other Miscellaneous Charges $161.40 8/27/03 Employee Picnic E 101-41300-489 Other Miscellaneous Charges $14 40 9/3A)3 Employee Picnic E 613-49830-201 Office supplies $27.55 9/4/03 Supplies - GC ToUl RICKS SUPERVALUE $307.10 Paid Chk# 0^6796 9/22/03 SAFETY SIGNS E 101-43000-415 Other Equipment Rentals $90 38 31419 Road Closed - Dog Days E 101-43000-408 Contracted Street Maint $2.254 61 31432 Spring Hilt Road Paving E 101-43000408 Contracted Street Maint $181 58 31557 Spnng Hill Road Paving ToUl SAFETY SIGNS $2,526 57 Paid dhki 076797 9/22/03 SBC PAGINO E 101-42110-321 Talaphona $30 58 20^61009037 Polioa Pagers E 602-49430-321 Telephone $36 81 48300509030 PW Pagers E 601-49400-321 Telephone $36 60 46300509030 PW Pagers ToUl SBC PAGING $10419 • Paid £hk« 07679(1 9/22/03 SENIOR COMMUNITY SERVICES E 101-45200331 Travel Expenses $90 00 9/4A)2 Bus • Park Tour Total SENIORCOMMUNITYSERVICES $90 00 5 C 101-42110-226 Clothing A personal equipmeni E 101-42110-221 Equipment Parts A Aooesaones 11.479 92 366661 $55 33 375582.1 Handguns. Magazines Linear Strobe I * CITY OF ORONO Check Detail Register® 09^18A)3 8:17 AM Pages SEPTEMBER 2003 Check Amt Invoice Comment E 101-42110>221 Equipment Parts & Accessohes ToUl STREICHERS 349.95 380554.1 $1.585 20 Misc Supplies Paid Chk« 076800 9/22/03 TALLEN AND BAERTSCHI E 101-41600-306 Legal-Prosecution ToUl TALLEN AND BAERTSCHI $149.75 9/2A)3 Review Bottenberg Case $149.75 Paid Chk» 076801 9/22/03 TECHNICAL RESTORATION SERVICES E 703-49960-378 Other Insurance Related Exp $937 25 794477 ToUl TECHNICAL RESTORATION SERVICES $937 25 City Hall Water Damage - PCs Paid Chk« 076802 9/22/03 THORPE OIST CO. E 613-49900-091 Beer For Resale ToUl THORPE DtST CO. $140 80 $140 80 309375 Beer for Resale Paid Chki 076803 9/22/03 THUNDER RESTORATIONS E 703-49960-378 Other insurance Related Exp K599 98 612211 ToUl THUNDER RESTORATIONS $4,599 M Clean Up- Water Leak Paid Chk# 076804 9/22/03 TOLL GAS S WELDING SUPPLY E 101-43000-415 Other Equipment Rentals $6.05 427507 Total TOLL GAS A WELDING SUPPLY $6 05 Cylinder Rental Paid Chk# 076805 9/22/03 UNIFORMS UNLIMITED E 101-42110-226 Clothing & personal equipment E 101-42110-226 Clothing A personal equipment Tout UNIFORMS UNLIMITED $97.98 $81 94 $17992 186482 187615 Badge Shield Sweaters-Bobzien Paid Chk# 076806 9/22/03 US BANK • CM9690 E 312-47000-620 Fiscal Agent's Fees E 313-47000-620 Fiscal Agent's Fees E 308-47000-620 Fiscal Agent s Fees Tout US BANK - CM9690 $750 00 $201.25 $2^00 $1 181 25 1243575 98 HRA borxl fae-current 1244016 99 Go Bond fee's-current 1244056 92Go Bond fees-current r^aid Chk# 076807 9/22/03 VESSCO INC. E 601-49400-223 BMg/Gtounds Maint SuppliM ToUl VESSCOINC. $2.233_31 29524 $2 233 31 Chlorine Regutators Paid Chk# 076808 9/22/03 VOGT HEATING A AIR E 101-41900-404 Repairs/Maint-Bldgs/Grounds Total VOGT HEATING A AIR $103 00 11634 $103 00 AC Check Paid Chk# 076809 9/22/03 WAYZATA, CITY OF E 101-42260-318 Fire Services Tout WAYZATA, CITY OF $7.29300 9/ZQ3 $7.293 00 Fire Service 2nd Qtr 2003 Paid Chk# 076810 9/22/03 WEST LAKE SALES E 101-42110-240 Small Tools and Minor Equip ToUl WEST LAKE SALES $452 75 7800 $45275 Comer Shetves-Srgts Office • Paid Chk# 076811 9/22/03 WINTERNHEIMER AUSSA E 101-41300-319 Other Professional Services ToUl WINTERNHEIMER. ALISSA $14000 45 $14000 CC Minutes 9/8/03 E 602-49450-381 Gas&Electnc E 613-49830-381 Gas A Electric $1.375 88 $1.21856 118059677724 Eli^rical SenrlOi 118059677724 EiecthCil SefVlQt CITY OF ORONO 09^18/03 8 17 AM Pag# 9 *Check Detail Register® SEPTEMBER 2003 Check Amt Invoke Comment E 601-49400-381 Gas 4 Electric E 101-41900-381 Get A Electric E 101-43000-386 Street Lighting E 101-42110-381 Gas 4 Electric E 101-43000-381 Gas 4 Electric E 101-42110-381 Gas 4 Electric E 101-49200-381 Gas 4 Electric Total XCEL ENERGY $4.89396 $1,645.02 $1,320.91 $752.67 $334 32 $942 $22 76 118099677724 Electrical Service 118059677724 Electrical Service 118059677724 Electrical Service 118059677724 Electrical Service 118059677724 Electrical Service 118059677724 Electrical Service 118059677724 Electrical Service I $11.S73S2 10100 Primary C«th $1,067.566 21 Fund Summary 101 GENERAL FUND 231 ORUG/FELONY FORFEITURE FUND 306 1992 IMRPROVEMENT BONOS FUND 312 1996 HRA REFUNDING BONO FUND 313 1999 IMPROVEMENT BONO 402 MUNICIPAL ST AID ST CONSTUCT 406 PERMANENT IMPROVEMENT REVOLVE 425 NAVARRE FIRE STATION PROJ FUND 601 WATER OPERATING FUND 602 SEWER OPERATING FUND 613 GOLF COURSE 651 STORM WATER UTILITY OP FUND 703 INSURANCE FUND 10100 Primary Cash $85.495 96 $450 00 $230 00 $750 00 $20125 $766.297 60 $22300 $147.446 33 $8 563 11 $38.098 79 $11.609 89 $60000 $27.60028 $1,067.566 21 i ‘-*** ‘* nlm CITY OF ORONO 08/18«3S:18AM Page 1 clMck ragittor critck Numbor Employe Namo 053379 053335 053336 053337 053336 053339 053340 053341 053342 053343 053344 053345 053346 053347 053348 053349 053350 053351 053352 053353 053354 053355 053356 053357 053358 053359 053360 053361 053362 053363 053364 053365 053366 053367 053368 053369 053370 053371 05337: 053373 053374 053375 053376 053377 053378 001082 001083 001084 001085 001086 001067 001088 001089 001090 001091 001092 001093 001094 001095 PEICKERT. GARY J. DODGE. RACHEL M. LESKINEN. DENISE M. SILUS. BARBARA G. ANDERSON. BRUCE L. ARNESON. JOSHUA A BOBZIEN. SUE A. BORIS. SCOTT W. BUDIG. STACIE M. CARLSON. MICHAEL B DEMBOUSKI. JAY C ERICKSON. KURT R FARNIOK. CORREY L FISCHENICH. DAN T MADSON. ADRIENNE M. MCNICHOLS. DAVID L. MOROWCZYNSKI. JAMES PERSELL. WILLIAM R RUSSETH. KYLE M TOMCHECK. LAWRENCE F. TOMCZYK. MARK W WITTKE. ANTHONY A. HERMAN. JOHN R GAFFRON. MICHAEL P. MEYER. WILLIAM C. OMAN. LYLE E. VANG. BRUCE L BRINKHAUS. JO»#4 F. GREGORY. JAMES D HANSEN. STEVEN OBRIEN. RANDY L PALMER. GREGORY A RATHBUN. BARRY J SKREEN. DALE S. ABRAHAMSON. FRED W. HAM6RO. MARSHALL J JENSEN RODNEY W MARSELLA. DAN G MCINTYRE. WILLIAM E. OAS. DANIEL O POLLEY.MIKEA. ROSS. JOHN A SMYTH. KATHERINE R. STEFFENHAGEN. RONALD STORK. JOHN T MOORSE. RONALD J VEE. LINDA S KUEHN. THOMAS M OLSON. RONALD J PETTIT. SANDRA K. ANDERSON. BRUCE L. BOBZIEN. SUE A. BORIS SCOTT W BUDIG STACIE M. CORNICK. JAMES L FISCHER. CHRISTOPHER K. GOOD. STEPHANY R. JOHNSON. JEFFREY MCNICHOLS. DAVID L Pay Pariod 19.1 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 Chtcli Amount $340 92 $1,031 08 $864 60 $464 96 $49941 $610 33 $783.18 $1.449 30 $637 60 $830 42 $1.694 48 $1.623 33 $1,601 05 $1,52147 $713 14 $778 10 $1.697 80 $394 34 $1.217 36 $460 26 $1,469 55 $1,477 42 $890 36 $1.419 39 $695 26 $60 38 $1.313 61 $1.246 30 $799 97 $357 79 $47312 $820 61 $1.302 98 $1,303 89 $44 90 $47.17 $24933 $177 79 $235 76 $167 38 $6351 $122.19 $179 07 $1.377 35 $261 95 $2,235 92 $1.243 61 $1.330 95 $1.163 82 $1.083 57 $1.135 00 $110 00 $20 00 $40 00 $1.803 44 $1.389 09 $1,941 39 $1.508 59 1875 00 Chacli Data Chtcli Statut 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 OuUtanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outs*andir*g 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17A)3 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outf^andmg 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9f’17/03 Outstanding 9/17/03 Outstantfng 9/17/03 Outstanding 9/17/03 Outetanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding CITY OF ORONO 09/iam8:l8AM Pagt 2 Clwcli Mumbtf Employ—Wnw Pay Ptdod 001096 001097 001098 001099 001100 001101 001102 001103 001104 001105 001106 001107 001108 001109 001110 SCHOENHOFF. X)HN B TOMCHECK. LAWRENCE F. LEE. JOSEPH P. BOLTERMAN. MATTHEW A FOTH. MELANIE C. QAFFRON.MICHAELP. QAPPA, GREGORY A OMAN. LYLEE. WAATAJA. JANICE J. DEBAERE. DONALD L HANSEN. STEVEN OBERAIGNER. SCOTT G. OBRIEN. RANDY L. PALMER. GREGORY A RATHBUN. BARRY J. 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 ch«ck ragittor awck Amount $1.58964 $900.00 $27465 $1.09845 $1.166 71 $12500 $1.61096 $1.400 00 $1.21245 $1.02922 $775 00 $874 43 $500.00 $35000 $20000 $64.765 05 Ch—k 9/17/03 Outstandkig 9/17/03 Outstanding 9/17/03 Outstanding 9/17A)3 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outstanding 9/17/03 Outetanding 9/17/03 Outstanding 9/1 7A)3 Outstanding r CITY OF ORONO *Check Detail Register® 0W16A)3 2 09PM Page l w SEPTEMBER 2003 Check Amt invoice Comment 10100 Prtmery Cash Paid Chk« 076729 9/17/03 FIRST NATIONAL BANK OF LAKES G 101-21701 Federal Withholding G 101-21703 FICA Tax Withholding G 101-21703 FICA Tax Withholding ToUl FIRST NATIONAL BANK OF LAKES $9,021.07 $4,626 87 $4.62^7 $18.2^481 Paid Chk# 076730 9M7/03 ICMA RETIREMENT TRUST • 457 G 101-21705 Other Retirement $56862 ToUl ICMA RETIREMENT TRUST-457 $56862 G 101 -21705 Other Retirement G 101-21705 Other Retirement ToUl NArONWlDE RETIREMENT SOLUTION $2.337 00 5117 54 $2,454 54 Paid Chk# 076734 9/17/03 ORCHARD TRUST CO. TRUSTEE/CUST G 101-21705 Other Retirement $2.979 66 ToUl ORCHARD TRUST CO. TRUSTEE/CUST $2,979 68 Paid ChkS 076735 9/17/03 PUBUC EMPLOYEES RETIREMENT G 101-21704 PERA $6,769.57 G 101-21704 PERA 35.279.78 ToUl PUBLIC EMPLOYEES RETIREMENT $12 049 35 Paid Chk* 076736 9/17/03 UNITED WAY G 101-21700 United Way ToUl UNITED WAY $65.00 $65 6l Paid Chk* 076737 9/17/03 WISCONSIN SCTP G 101-21712 Other Deductions ToUl WISCONSIN SCTF $18462 $1M62 10100 Primary Cash $41.17322 Fund Summary 101 GENERAL FUND 10100 PrimaryCash $41.1732^ $41.173 22 L. FEDERAL W/H FICA A MEDICARE W/H FICA A MEDCR CITY SHARE DEFERRED COMP Paid Chk* 076731 9/17/03 LAW ENFORCMENT LABOR SERVICE G 101-21707 Union Dues $61826 UNION DUES ToUl LAW ENFORCMENT LABOR SERVICE $61826 Paid Chk« 076732 9/17/03 MN DEPT OF REVENUE G 101-21702 State Wrthhoiding $3.978 34 STATE TAX W/H ToUl MN DEPT OF REVENUE $3.97834 USCM - ENTITY 2339 OBRA #2343 MN STATE RETIREMENT PERA CITY SHARE PERA EMPLOYEE W/H CHARITY DONATIONS JOHNSON 9 0002756898 9^ Check Number Employee Name 053286 053287 053288 053289 053290 053291 053292 053293 053294 053295 053296 053297 053298 053299 053300 053301 053302 053303 053304 053305 053306 053307 053308 053309 053310 053311 053312 053313 053314 053315 053316 053317 053318 053319 053320 05)321 05"322 053323 053324 053325 053326 053327 053328 053329 001053 001054 001055 001056 001057 001058 001059 001060 001061 001062 001063 001064 001065 001066 001087 DODGE RACHEL M. LESKINEN. DENISE M. SILUS BARBARA G ANDERSON. BRUCE L ARNESCN. JOSHUA A. BOBZiEN, SUE A. BORIS SCOTT W BUDIG STACIE M. CARLSON. MICHAEL B DEM60USKI. JAY C. ERICKSON. KURT R EARN OK. CORJ^EY L. FISD-ENICH.DANT. MACSON. ADRIENNE M MCNICHOLS. DAVID L MOROVVCZYNSKI. JAMES PERSEL.. WILLIAM R RUSSETH, KYLE M TOMCHECK. LAWRENCE F TOMCZYK. MARK W WITTKE ANTHONY A HERMAN. JOHN R. GAFFRCN. MICHAEL P. MEYER WILLIAM C OMAN LYLEE. VANG BRUCE L BRINKHAUS. JOHN F GREGORY. JAMES D. HANiEN STEVEN OBRIEN RANDY L PALMER GREGORY A RATHE JN. BARRY J SKREEN. DALE S ABRAriMSON. FREDW JENSEN RODNEYW MARSELLA. DANG MCINTYRE. WiaiAM E. OAS DANIEL O PEICKERT. GARY J POLLEV. MIKE A ROSS JOHN A. SMYTH KATHERINE R STEFFENHAGEN. RONALD STORK JOHNT. MOORSE RONALD J. VEE L'NDAS. KUEHN THOMAS M. OLSCN RONALD J PETTIT SANDRA K ANDERSON. BRUCE L. BOBZIEN. SUE A. BORIS SCOTT W. BUDIG STACIE M. CORN CK. JAI nc S L iToCHER CHRISTOPHER K GOOD STEPHANYR JOHNSON JEFFREY MCNICHOLS. DAVID L SCHCENHOFF. JOHN B Pay PeHod 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 Id 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 C»*^v OF ORONO check register ChKk Amount 18 SVD21 08 S364 60 S464 96 S628 08 $1 035 51 5783 18 $1 449.30 S837 60 $910 26 $1 616 36 5" 623 33 $: 222 99 $• 584 70 $51925 $680 63 SI 697 80 $557.44 SI 173 64 $582 57 SI ^59 55 S* ^Z2 91 SE98 36 S- 419 39 S2-3 53 S-62 55 SI 21361 SI 246 30 S^99 97 $257 79 $473 12 SI :-96i SI 104 00 51 055 05 S215 33 $174 16 $212 22 $2^37 $122 34 $353 55 S53 57 S-63 23 $246 45 $• 2-7 35 S-26 45 52 235 92 $1243 61 St 330 95 SI *63 82 SI 111 21 SI 135 00 S-1000 $20 00 $40 00 SI 621 17 St 389 09 S* $41 39 $1 538 59 $875 00 S^ 561 62 Check Date Check Stati» 9/3/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstandng 9/3/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/2/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/$t)3 Outstanding 9/3/C3 Outstanding 9/3^03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/V03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/3/0'l Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstand ng 9^3/03 Outstanding 9/3*03 Outstanding 9/3i03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/303 Outstanding 09/03/03 7 20 AM Page 1 •s CITY OF ORONO chtck rtgtotor 0W03A»7 20AM Pago 2 Chock Number Empfoyaa Name 00106S TOIi^;:..£CK. LAWRENCE F. 001069 LEE. JOSEPH P 001070 BOLTERMAN. MATTHEW A 001071 FOTH. MELANIE C 001072 GAFFRON. MICHAEL P. 001073 GAPPA.GREGORYA. 001074 OMAN. LYLE E. 001075 WAATAJA. JU ICE J. 001076 DEBAERE. DONALD L 001077 HANSEN. STEVEN 001076 OBERAIGNER. SCOTT G 001079 OBRIEN. RANDY L 001060 PALMER. GREGORY A 001061 RATHDUN. BARRY J. Pay Pariod Chack Amoufit $900 00 $268.93 $1,096.45 $1,166.71 $12500 $1,810.96 $1,400.00 $1,212.45 $1,266.06 $775.00 $67443 $500.00 $350 00 $20000 $66,073.40 • .*/ *; ,1* \ ' -rm - ^ ^ Check Dale Chack SMua 9/3/03 Outstanding 90A)3 Outstamkng 9/3/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/3A)3 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding 9/3/03 Outstanding Outstanding 4^. ^ ^W .-t.- ’■u. 1- CITY OF ORONO *Check Detail Register© 0W03A)3 7:15 AM Pao* 1 SEFTEMBER2003 Check Amt twvoics Comnent 10100 Primary Cash f Paid ChkO 076652 G 101-21701 G 101-21703 G 101-21703 Total 9T3A)3 FIRST NATIONAL BANK OF LAKES Federal Withholding S9.218 40 FICA Tax Withholding $4.4d3 01 FICA Tax Withholding $4,483 01 FIRST NATIONAL BANK OF LAKES $18 184 42 FEDERAL W/H FICA & MEDICARE W/H FICA & MEDCR CITY SHARE Paid Chk« 076653 9/3A)3 ICMA RETIREMENT TRUST • 457 G 101-21705 Other Retirement $568 62 DEFERRED COMP Total ICMA RETIREMENT TRUST. 457 $568 62 Paid ChM 076654 9/3/03 LAW ENFORCMENT LABOR SERVICE G 101-21707 Union Dues $0 00 UNION DUES Total LAW ENFORCMENT LABOR SERVICE $0 00 Paid Chkf 076655 9/3/03 MN DEPT OF REVENUE G 101-21702 ' r)te Withholding $4.092 02 STATE TAX W/H ToUl MN DEPT OF REVENUE $4 092.02 Paid ChKi 076656 9n/03 NATIONWIDE RETIREMENT SOLUTION G 101-21705 Other Retirement $2337 00 USCM • ENTITY 2339 G 101-2P05 Other Retirement $161 86 OBRA *2343 Total NATIONWIDE RETIREMENT SOLUTION $2.498 86 Paid Chk« 076657 9/3/03 ORCHARD TRUST CO. TRUSTEE/CUST G 101-21705 Other Retirement $2 849 68 MN STATE RETIREMENT Total ORCHARD TRUST CO. TRUSTEE/CUST $2 84968 Paid Chk« 076656 9/3/03 PUBLIC EMPLOYEES RETIREMENT G 101 21704 PERA $6.92380 PERA CITY SHARE G 101-21704 PERA $5 373 34 PERA EMPLOYEE W/H Total PUBUC EMPLOYEES RETIREMENT $12.297 14 Paid Chk# 076659 9/3/03 UNITED WAY G 101-21708 United Way $65 00 CHARITY DONATIONS Total UNITED WAY $65 00’ Paid Chk* 076660 9/3/03 WISCONSIN SCTF G 101-21712 Other Deductiona $184 62 JOHNSON #0002756898 ToUl WISCONSIN SCTF $184 62 10100 PrimaryCash $40.740 36 Fund Summary 101 GENERAL FUND 10100 PrimaryCash 140 J40 36 140.740 36 m CITY OF ORONO CKock Numbtr Employo# Namo 053232 053233 053234 053235 053236 053237 053238 053239 053240 053241 053242 053243 053244 053245 053246 053247 053248 053249 053250 053251 053252 053253 053254 053255 053256 053257 053258 053259 053260 053261 053262 053263 053264 053265 053266 053267 053268 053269 053270 053271 053272 053273 053274 053275 053276 053277 053278 053279 001024 001025 001026 001027 001028 001029 001030 001031 001032 001033 001034 DODGE. RACHEL M. LESKJNEN. DENISE M. SILUS. BARBARA G. ANDERSON. BRUCE L. ARNESON. JOSHUA A BOBZIEN. SUE A. BORIS. SCOTT W. BUDIG. STACIE M. CARLSON. MICHAEL B. DEMBOUSKI. JAY C. ERICKSON. KURT R FARNIOK. CORREY L. FISCHENICH. DAN T. MADSON. ADRIENNE M. MCNICHOLS. DAVID L. MORCWCZYNSKI, JAMES PERSELL. WILLIAM R REINKE. BRIEANAM. RUSSETH. KYLE M. SCHUMACHER. MOUY J TOMCHECK. LAWRENCE F. TOMCZYK. MARK W WITTKE. ANTHONY A. HERMAN. JOHN R GAFFRON. MICHAEL P. MABUSTH. JEANNE A MEYER. WILLIAM C. C;4AN. LYLE E. VANG.BRUCE L BRINKHAUS. JOHN F. GREGORY. JAMES D HANSEN. STEVEN OBRIEN. RANDY L PALMER. GREGORY A. RATHBUN. BARRY J SKREEN. DALE S ABRAHAMSON. FRED W. HAMBRO. MARSHALL J. JENSEN. RODNEY W MARSELLA. DAN G MCINTYRE. WILLIAM E OAS. DANIEL O PEICKERT. GARY J. POLLEY. MIKE A. ROSS. JOHN A SMYTH. KATHERINE R STEFFENHAGEN. RONALD STORK. JOHN T MOORSE. RONALD J. VEE. LINDA S KUEHN. THOMAS M. OLSON RONALD J. PETTIT. SANDRA K. ANDERSON. BRUCE L BOBZIEN. SUE A. BORIS. SCOTT W BUDIG. STACIE M CORNICK. JAMES L FISCHER. CHRISTOPHER K Pay Parlod 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 chock register Ch*ck Amount $1,031 08 $864.60 $46994 $47962 $833 19 $783.18 $1.449 30 $637.60 $407 08 $2,064 10 $1.623 33 $1,844 28 $1.63527 $431 41 $63595 $1 697 80 $312.79 $5541 $1.17486 $55 41 $39278 $1,469 55 $1.415 51 $87048 $1.41939 $348 85 $658 90 $162 55 $1.373 43 $1.386 03 $1.034 06 $517 02 $473.12 $741.01 $1.104 00 $1,065 05 $149 69 $47 1. $170 53 $279 96 $239 50 $151 82 $385 13 $8357 $122.19 $197 45 $1.377 35 $284 40 $2.235 92 $1.243 61 $1,337.77 $1.163 82 $1.092 77 $1.13500 $11000 $20 00 $40 00 $1,687.56 $1.50861 Chtek Data Chacic Status 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 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20^03 Outs'Tnding 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 OutsU riding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 OuUtanding 8/20/03 OutsUnding 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 8/20/03 Outstanding 8/20/03 Outstanding 8/20K» Outstanding 09A)3/03 7:17 AM Page 1 4 CITY OF ORONO Chtcit Number EmployM Nam« Pay PaHod 001035 001036 001037 001038 001039 001040 001041 001042 001043 001044 001045 001046 001047 001046 001049 001050 001051 001052 GOOD. STEPHANY R. JOHNSON. JEFFREY MCNICMOLS. DAVID L SCHOENHOFF. JOHN B TOMCHECK. LAWRENCE F. LEE. JOSEPH P BOLTERMAN. MATTHEW A. FOTH. MELANIE C QAFFRON. MICHAEL P. GAPPA. GREGORY A OMAN. LYLE E WAATAJA. JANICE J OEBAERE. DONALD L HANSEN. STEVEN 06ERAIGNER. SCOTT G OBRIEN. RANDY L PALMER. GREGORY A RATHBUN. BARRY J 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 09/03A)3 7:17 AM Pa9#2 ch«ck r»glstor ClMck Amount $1,941 39 $1.508 59 $87500 $1.659 72 $900 00 $297 09 $1.098 45 $1.12381 $12500 $1.810 96 $1.400 00 $1.258 37 $1.029 22 $77500 $91523 $500 00 $350 00 $200 00 $65,749.58 Chack Data Chack SMia 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 0/20/03 Outstanding 8/20/03 Outstanding 8/20/03 OutstancSng 8/20A)3 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outetanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding 8/20/03 Outstanding > 4.1 V * * I J • •.INFOBMATION items COUNCIL MEETING «» StP 2 2 2003 ■^nTTwrvTHUNU % % i____ •• . . Ht'MfK'jxn H«niMpin County’nrantportation Oopartmont ------ SEP P 9 pnn5 1600 Prairie Drive Medina, MN 55340-S421 «vo 763-478-4030, TOO www.co.hennepin.mn.us Sqitember 15,2003 Mr. Greg Gappa Director of FTiblic Services City of Orono 2750 Kelley Parkway Orono MN 55356 wiroF,«»0te Re: CSAH 6AVillow Drive Intersection Dear Mr. Ganpa: Thank you for the information you provided with your August 12,2003 letter regarding traffic conditions at the CSAH 6AVillow Drive intersection. Upon review of the information and conditions experienced at the intersection, it appears the preferred traffic control would be a traffic control signal. Unfortunately, the existing intersection geometry does not accommodate a traffic control signal and we lack funding to perform necessary improvements. Accordingly, it appears installation of stop signs on the CSAH 6 approaches seems to the logical alternative. Please be advised the Transportation Department will recommend development of an all-way stop condition at the CSAH 6/Willow Drive intersection to the appropriate county authority. 'Ihe recommendation will include introduction of a flasher to increase driver awareness of the stop condition. James N. Grube, P.E. Director, Transportation Deparhnent JNG/cu cc: Gary Erickson Greg Chock Tom Johnson AnBquolOppoffynityimphiftf Ikq^ckd^aptr J