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03-25-2002 Council Packet
MAR 2 5 2002 AGENDA FOR COUNCIL MEETING ^6r Ri[’<BftDAY, MARCH 25,2002,7:00 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 INTERVIEWS 2. Lake Minnetonka Communications Commission APPROVAL OF NUNUTES * 3. Regular Council Meeting of March 11 ,2002 PARK COMMISSION COMMENTS - Andrew McDermott, Representative PLANNING COMMISSION COMMENTS - Dan Kluth. Repiesentative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 4. #02-2745 Ilona and Kenneth Peterson, 1074 Wildhurst Trail - Variances - Resolution 5. #02-2746 Mark Finney, 3210 North Shore Drive - Variances - Resolution * 6. #02-2756 David and Jodi Dalvey, 1520 Bohns Point Road - Conditional Use Permit - Resolution 7. #02-2757 Terrance C. Johnson, 1045 Linden Lane - Renewal Variances - Resolution * 8. #02-2758 Robert D. Pieper, 3995 North Shore Drive - After-the-Fact Conditional Use Permit - Resolution ^ 9. #02-2759 John Collette, 2160 West Wayzata boulevard - Conditional Use Permit - Resolution * 10. #02-2760 James Cusack, 4140 Highwood Road - Variances - Resolution 1 1 . #02-2763 Clayt and Julie Ann Tabor, 9o0 North Brown Road - Sketch Plan Review * 12. #02-2765 David Carlson, 740 Willow Drive South - Variance Renewal - Resolution MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR'S REPORT 13. Revisions to 2002 Fee Schedule - Ordinance A. Municipal Water Rates, Non-Functioning Meter Service Charge B. 2002 Golf Course Charges 14. Seasonal Weight Limits - Resolution L— . ii ii J fM . AGENDA FOR COUNCIL MEETING SET FOR MONDAY, MARCH 25,2002,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ADMINISTRATOR'S REPORT S. Pay Request • Long Lake Fire Station 16. Planning Commission Appointment '^17. Planning Commission Re-Appointments *^18. Funding for Navarre Home Ownership Program. 19. Fire Station Parcel Agreement 20. Award of Bid - Fire Station Project. CITY ATTORNEY'S REPORT 21. LICENSES Liquor Set-Up Special Events y^22.BILLS UPCOMING ISSUES AND EVENTS 2m 03/25 - Council Work Session, 5:30 p.m. 03/25 - Council Meeting, 7:00 p.m. 04/01 - Park Commission Meeting, 7:15 p.m. 04/08 - Council Work Session, 5:30 p.m. 04/08 - Council Meeting, 7:00 p.m. 04/15 -Plaiuiing Commission, 6:30 p.m. 04/22 -Council Meeting, 7:00 p.m. 04/24 - Board of Review, Wednesday, 7:00 p.m. Public Attendance Meeting D ate 3- y ^ Council □ Planning Commission □ Park Commission Other____________ Please fill out the information requested BELOW FOR OUR CITY RECORDS. PRESENT FOR (from agenda) NAME (please print) ADDRESS NAME OR NUMBER 1.} <>Vv ’ $»-• • 2.^/'/o /^^(yf4i’'OOn jCP 3. pall *n ^ y jl{( 5..^ PcLdyH, 6. /t yV i&A'v? 7. J c. /. w'A ^r //•//') 8. _____ /yv^A HiK io._ 11.. 12.. 13.. 14.. . A f y>' I ^ ^iT' n i •/ *5^ T A jti /c' 7^ y 15.__________________________ li\D«a\A*il[rfMlft IfpiitUFonM • OM)\fORMSJ*VBLIC.ATr REQUEST FOR COUNCIL ACTION COh*>/^ii »»rpTlNQ DATE:March21,2002MAR 2 5 2002 ITEM NO: ^Cl) Y «jr unuiMU Dcpartmciit Approval: Naiac RonMoorse Title City Administrator Adminbtrator Reviewed: 7 Agenda SecHon: City Administrator ’s Report Item DescriptioB: Lake Minnetonka Communications Commission Inten'iews The Council has received applications from two candidates to fill one position on the Lake Minnetonka Communications Conunission (LMCC). The candidates are Robert Albertson and Keith Erickson. Both are able to attend the March 25 Council meeting to participate in the Council’s interview process. The candidate applications, as well a.s some suggested interview questions, are attached. The LMCC is a board of representatives of the cities that are provided with cable communications services through the cable conununications franchise agreement. The Commission is responsible for overseeing the administration of the franchise agreement. The Commission is staffed by a full time Cable Administrator. The Commission's responsibilities include ensuring the communications provider meets the requirements of the franchise agreement, particularly in regards to the quality and range of communications services provided. Also, as the types of communications services that can be provided through the cable network expands, (i.e. internet service) The Commission has an important role to play in ensuring the communications provider provides the most up-to-date communications services and technology. COUNCIL ACTION REQUESTED: There is no Council action requested at this time. The Council generally waits until the next Council meeting to make an appointment decision. li •. J LMCC Candidate Interview Questions -What most interests you about serving on the LMCC -Briefly describe your knowledge of cable communications franchises -What do you see as the key issues to be addressed, both now and in the near future, in relation to cable communications services? -How can the LMCC have an impact on the issues you have identified? Mrfyufli i TO •• 02/15/199+ 10529 FROM APPUCATION for Cm?EH ADVIijjpV 2<?94616 P.02 7^S750Mfiifk«« Cemmis^on Appljtfi’g Fe« °^ 3 Coimnun tyT«>*»«™<Hw^)ii2£^ po3toff««^apg<» 5»J ^"’ —y^/\J _ T.I.phone .H, («) iliiLZi-Jl:!# "? JT'Residen; o1 Orono. -»years. work topertenc: ^ ^ ^ ^ ^ y)f.s hit^c.e Eduoati)** Civic »nl Volunteer Ao**iet tpeet end ptMonfl: u/s. f|IU) • l?A3C4®®®i® 02/15/1994' 10:30 FROM h^1l*2t8t W:tt« 2494616 P.03 Pl^a 0tirt« your Muent foi wiwliing to •gyf on yg jgyar..«Laiii. •7 /itHcU fe*itf/»i;. Vdu n#y «/*» mttmm y« \ underitand this ippctatmatit may ba diaouattd«*«P«^*®*"**^ sinTE* Vok’nt99T coimiMon jl«««r JSh99Pmfiu}iSclnfoim^ r/jjf . m /■r Si. Paul A r k » flL ^ S \ m 4 > l■.■■ .^V‘ -vv:. 1 Albertson reaches out to former foe 1 tlcphonc maveiick hooks up with AT6vT B\ DALL KL RS( HM R B'-S.-;' Airxrtvt; «• knc«:-. i:i tf'*- ac;i;iv; \:: -u.-an i'-l'-pScnf jr.'! Tc!.- irii Ji C c t'.' ‘f " h sp;(! a :i\'rvu^ 1 h * ao a^T-vr: ont t ' U* tAtn-.rt* 1 tht' .. N!’f'<:’rt>'’1^b i'* rv.'f* thav AT^tl tii’ vi ' tar. • r%i.r. ssiuJ f ' r' triat buN ;mv pi- •' ‘ " s {): . ^ A*i.V:^r :r ('tniimuriv. * . L^:s : ''h ‘ b'»*.»k jp tin W'il ‘-V'.'rri i:. sap’. , a:* vi bi Ntra»»*c' ircrra'-c sah- tT pa* ph. :a- an \ s**!! inor** vr^*'to ba \T«ft 1 w iil b«’i.t*b. r»A-'voni '- rn»* i t tho \om f^ist r c* '' J . *;h'o..r UAf'l'i ’"' NV.‘:.‘ all'-v.ini h= boi foi April Tho phoni-buv.nr^ t bo lu^ i a t.w both [, r thf supplier' of the phcri^ anJ \vui. kiist jne^' carru-n Fa% phoi.cr :o. IW >? ,;"’s ■iv i ■ tww 02/15/199+ 10S33 FROM 2494616 P.03 C*'.. *4 t«ia) <714174 ^MiOt ni21<7i4MWX Robert V. Albertson > m •«••••< rbfice iac'i_''ss'’ . «• W W ^ W « Mnneepois, MNAlbertson Engineering 5Wt«' • Owne*j lool aPcJ die end model shop. . cesi^psc' and developed products for major manuftiCturefS. ' 960-“- c5c 2bel Products Inoorpofated linfiespolis, MN Vce President Sates Manaser. PaitOwner - increased saies from $0 million to $34 million. • Deveiooed and manufactured a wide variety of service station eq^pmert. » US v»as a major customer. • Subsecijemiy sow manufacturing and product rights to various oomponies. 1969-1 973 Albertson's Sales Inc. Minrteipoli, MN Equipment Distributor and Relal Store Oemer • Lames-outdoor power equipmwit dealer in five state area. • Soid snowmobiles, lawn tractors, motorcyctes, lawn mowers end ww Mowers. • Created a sa'es organization with sales of $10 minion through 4 stores. • Gas c'^jno’i mined marfcet—sold out. 1973 —1993 Albertson Industries, Inc. Minneapofo, MN Inventor and Marketing Entrepreneur • Developed nurrterous products and licensed to related manufectorers. • Hc’ds ove' *90 patents In the field of mechanical and eteclronlc prarkicts. • Ma.tor successes; •Fresh br»w coffee vending machine. •Ice making equipment •Plastic injection molding machine. •Cc-i- vento' and developer of cassette tape recottler. (Marketed by FOrd and GM). Original developer of the Pulsating Shower Massage. Original developer of Weed-Eater grass trimmer. •Emergency kill switch and sW shock absorbers used on all inowrroblej. •.Autcmotp/e parts cteaners. • Hydraulic testecuipment. . . oWe’cced and manufactured a car chassis dynornorneterwhich rtc ^A/c .A/te/tsan's Oyno Tune-up Centers as well as other aywowe seonoe :an:e-3. ®."cduct rights were subsequently sold to Haitzel Manwaenarg. ^ • Developed and manufactured an industrial waste oH fUmaca. Piwfcicl aoM heewfly fcr several years. Product rights were subsequently sold. . ^ • Developed and manufactored an automotive chemical Ineendoreed ey Race D-^e' Bobby Unser. Product rights were eoU to Vtodar Cuiperson. • All-Terrainer Raeteabonal, Inc. Mtoneepols. MN Inventor and Marketing Enttepisneur - Cc-inver>tor of Ihe AHeminer Trak-Tour ampNbious blMpOltor • v.inrer of Minnesota Inventors Congress 1996 Top Productteeaid. «: 02/15/199+ 10!32 FROM 2494616 P.02 VIA SAT*" j.frr lUSA TOD«r Money I : PAY PHOtCS:.-Aetia-M*;sag^ ••• • mm H i m • • Inventor t i:i] mi j I Bell firiii ani vvoa Alter Ihrse decades as v In^tor. Rcbcri V. Alben- SOD b seni£g veadlc; imdtfatt.TUiry yean age. tbe t!> herer w • I7>year4t4 cm- ploye of a Maacspeib macblae maker aad tee proud pesaeaor or Us Br£ patec’j an iced-drlsk dls* pOSfT. Vtlw *C 2^21 Ifi pr> tfiscsloCs Today, b a past cc t^e ibore ol Lake Miaaebnka. iMnw Albetoea's 70 ere- pleyea are tewabU? eaek* lag out vesdlaf nadilBes o*asottaraoft pay tdepbones His company, Tonk<a- F.‘one lr.c, bad 1983 sties ot $33 mUiflo. Now. be bas S$s mliilen north of orders on the books wUb and sdas are cjqwoBd 10 top ffO nUUoo by OCR saoBnar. ITS floiBitbat Aibarm b In ipoddontocatiilaeatbc bunecQiog private pqr ttie- ehone todusey. Be was the arst to go u the oat wtth a aeU campany over lb pay phone RWQopoly and wtat In 1979. while yuating a thriving service statioa equipment butioasa Albert- sen saned dakariag witb wesmta Bab Ttiifbwi Col salted cMpk| ON triranw the priaBotmlMtiMM gucsibaeirbnbid----- KatSFd »sSs 6 dlvnta to tia MtaMMa PUbUe Jmv rnmmlHWi wbkb taioaamadattai tttcompeBdoonfler] teted. .*• vm J 02/15x1994- 10:31 FROM 2494616 P.ei fencnlly mn purdi»cd nr !in'.Mri !>v i!ii owner of thcbuildinc *n whicJi *b»;y arc 1*>^ ^ ■ ■ -w ■ — — — — - — m ctted. It I up to tlie owner to a diftancccairia. Orin^tr '*« buving • litse of JrM^t»ilOj£ncv mrym fro® AT&T, ft cti?i vffer \vhrf> dbeounted price to * 5 pay-ph'^nf c»!.«too?. eis, who otherww would pay n«orc for. andfet lo0 profit from. .'it?ncc calk madcon thdr pay phifocs. The advantage tc cr^Tiinc u !:r:vatc rny phrnie b that the wrer c\w keep 'be »evi;. nue generated hy ?:ru. mlly b greater than the t>*picni 2 percent to 7 peicmt cotmiii«4on th:»t ownen receive wHe?: the>- Wy ti*v and acfvice from local lc!ephi?r.r con:pa- nies. Called Orange Fbonw. th*» phones ®ld by Orange Cnr.rT-:nicc^c-:.s rfK- Iowerloxig-difttrevT4tC5.forcr|c->. A: ihr fame tbne, owners of Orange ?hoi»eN rc;- oeive what Albi*rtyjf! tonu profit margini in On* |mv -phon-.* indu^t . The AT&T coitra»:< will mwi h 1/ more than ^20 nnKj***! iu JinnttuI tance «r>1ce for MCi Cc:i;r:a-::cu^:*r::- Inc., which now prHdrv tJu* **0I* Orange Phoncf with i^ng-di<taic<! .service. Aulc*long inv»:ntor .ind tw»lr*rr of than 60 patenu, Aibcf^.<nn. .Ti. marketing the rHtiv»'.\ firs! ::ri\atc pay telephone in 1982 i-‘. Twin C:t*c5 rjbvrb;. But hbcall fur profits w rPt una* isvvCfC'.l. In an effort to hn atne ncv.» hb jntf the company^ privatrl} i.*cld Oran*?e Commu nications four years a^ started -a c *rkjt:g a new design and ira^-kcUng vlratfgy h'r its payphones. •*Wc*vc conlln-icc to produc'.v*' ? *’ time, but sales wc-'l dn«- * a j-im: wv were just anodH?^ ielltnc plmiiai,** Alberts*?** -i-id. Tt sl‘keGilh*ttc. which Sells the raw>r handles b ’t -nakw its morc\-byselllngthcirblades. * The 1.5-cmplo>*cc Orange C*ir-v.’.rJca* tions discovered its «?wr. Cn!i**tr like? ap proach laitsuramcT. wbt*n it b*i4*‘n sc*5\*i»: its Orange Phone. The company txnigjtt icn*.:-t::st.: ncc m?.*- vice throu^ MCI. svhicb p.rwded Or ange Phone custoincTS the opportynfty tc m^e long-distarcc 'caJk my.' ho^ - he continental United States for 2i cents a ninute. Orange Phone owners kept the revenues '*udc from the phun®. but paid MCI about 18 cents for every minute of long* di^ance service. Orange Commtmtah final, in turn, rocelvt-ti about 5 cents of ee* ange GonunumcanBai whi m use nm os its Id be pflmSy Creeled et tbs pay-plweeliidiiotiy. v-y 18 ctnbscnt to MCI. Orange Phone pay phones typically viced by AT&T, which diargesare ;«jy-pbonc customers about 82 for the foit ntnute. and about AO cents each addi- 11< »nal minute. In a long-distance cuQ. The rate b high because the long«dis* •ance service b bdn;: provided to only one r.uiy phone or group of pay phones. Smaller volume b more«3ipen>ive tu sesviof. **AT&T b tarUted. 50 they can*t be very P-vaible with the ratc:^ they charge.** Al bertson •‘'^d. **But we can do It because were buying large volum® of time from them and sdling it t*^ Orange Phone cus- That, Albertson said, b the key to hb (/tmpany'sfuture. When Oraogc Ctommunications do* e ded to connect luw-cost long-distana ^;*vtce with ils OranfTc Phono, AT&T still w as restricted by the l*'edcral Communica- tiiioi CommUdon on the service rates it a'^ildoHer. In October 1989. however, the FCC permitted AT&T to offer a new volume- discount plan with lower prices than those allowed earlier in th<* year. Albertson said. As a result. Orange C^nununicatlons de cided to drop MCI and c » with AT&T be ginning in May. With AT&T s sc-vice. Orange Phone will be charged about 15 cciib a **inute for long-dbtance caUs. That gfres Orange Phone owners a profit of dbout 10 in*ntf a minute, or alxnit 40 peroent, on each call. Under the terms o( its commitment widi AT&T, OrangcCommimlcitionsagircesto hring in at least 160 million worth of long distance service for AT&T over the next f'^ir years. Albertsor said. Orange Communications already b re- >riling mure tl^ S20 million wrorth of *<ong-distance service annually — busiiies estabUshed since teaming up wKh MCI Ust summer. Officiab with AT&T in Minneapolb ;raid the reselling airangemcnt with Or- tioos alsopbos 80 rtnll mudi of it to bust* AlbertioosMd. 'Nobody else baa oormio^ Well be brai^ Pboom far dmlr emptoyui ip** bertson wdd. "Well put die pbooci lilt but wellalao try to obbdB their budnmibnes.*' Orange Communicatkms wffl offer busioem phone usen at least a 25 percent discount on AT&Ts diicet-dial loog^ tance rmtr, depending on the volume of I be said. For AlbvtMO, WevBiRf an ATkT dii. tributor, oiotDiaamd bttifaai partner is qaitaaswttch. Inrtieearlydayaotliitbwlnws, ATM*s Nortbwartara Bdl Tal^hooe Co. was pulling in an asHaanad 111 mfllioD in aa> nual pajr.phooa ravaaitas. As Albutsun’s pay pboDtsiarttdilMiwiagpp 01 oonipal. itor in Twin CMaa tartaufiU. ban and gasstatioai, NorthwprtamBellsuatcdcot- AlbaMB took teaMrtar to the Mlna^ jota Public UtiUtlas Comffltaioo. wfaidi to June 19S4 ordand Nbrthwartara Bdl to provide sarviea to privately owned pay pbooea. The daddOB Bade Minnewta the first state to aDow ooD^sfephoDC eoBpaay pay phones tobaseUandopentad. other iMnrrfdw nBh ATfcT “We weroKaunas who dwaydated the private pay pbuuilnuiiwaftiripiiiiiting $857,000 In nttenwy i Imb,** Albertson said. “I also wan one of the partiei hdpBdbaeaki9>anBsBSyateB SHD boastinn ahont his b)StiD bonsttaB aboot hb battia wiA ATM, Albaitteon said It's Umt to bury the hatchet, or wiiwcotteis, ai It may be. "We ware W» the United Steles and Runia, ready to try ond tdow each other off die map. Wore tfdap chanpd.** be said. “But we've abaady hod our war. One side won, and now It's time to look at working togrthcr.*’□ • * *4 application for citizen advisory cowiwission ClTYof ORONO Munldpil OfllcM Stmt Mdmi: 27W Kdlty fiulmj Orem. MN SS356 Hanni Mlnii; f.Q. let IS CiyttalBiir. MM SS323^I6 Commitflon Applying For: □ Parks Commission £3 Community Task Fores (Namt)_ O Planning Commission i/tcc __. Name P. Frirksnn. P.E. Address Post Office &Zip Cod ewavzaba# MN 55391 Telephone (H)IW1 nco 7>ic;_mnA Resident of Orono iQ plus years CATV subscriber for that length of time also. ‘college, I did sumter work in the broadcasting business in i^l Nebraska and jrorked part^ime at the flagship stu<?io of the Nebraska Educational Television Network (Channel 12), KUON-TV at the Univ. of Nebraska, 1967-1968. Education: Electrical Engineering, with distinction in 1968 from University of Nebraska -Lincoln Robbinsdale City Band-1992 to present. Tdtpkoat «U) 4erymt * fax 4T34»0 state your reatone for wanting to cerva on this Commission. {PJ»as9 b9 as ap9c/fto as posstbh. Usa additional ahaat tf naeasaary.l Provide engineering input based upon ny experience to the IWCC What Is your view of the role of the Commission? At the present time. I have a neutral view of the IMCC Other Comments; {Usa this spaca to ineluda any further Information you would like the City Council to consider, or that you fee! Is relevant to the appointment you are seeking. You may also attach other materials you would like the Counellto consider.) The majority of my work experience has been on the distribution level where interface of the electric utility and the CATV conpany was reouired. I understand this appointment may be discussed at a public meeting Slgfuturt •NOTE: Volunteer commission member's name, address and phone number will beoome pubtte Information. t40U«4 J . ^ Keith R. Erickson, P.E. 2040 North Shore Drive Wayzata, MN 55391-9345 Home Phone: 952-473-7051 Email: kognw@gte.net Experience: Manpower Professional-Bloomington, MN (Client: ABB, Inc. Ham Lake, MN) 1 l/2000*Present: Field Consultant Engineer—Provided engineering services on a part lime basis, from my residence. Projects consisted of: 1. Preparing a computer model of a large paper facility and performing fault studies and relay coordination using SKM’s Power Tools for Windows (PTW). 2. Serving as Project Engineer for a “design &build ” project for Xcel Energy near Denver, CO. Project consisted of the installation of two 45 MVAR, 115 kV capacitors SW of Denver and two 36 MVAR 115 kV capacitors at Greeley, CO. Installations utilized 145 kV IPO breakers. Both locations required modifications to existing facilities. Associated Consultants Engineers, Inc.(ACEI) Plymouth, MN 8/92-10/2(MM) Consulting Electrical Engineer— Provided consulting services to municipal electric power systems in Minnesota, Iowa, and Wisconsin. Specifically, prepared bid specifications for furnishing and installation of power transformers, switchgear, substations and other distribution equipment. Performed special studies for distribution planning, power flow, short circuit, and relay coordination using software such as EZ- Power, SKM’s PTW, and MilSoft's WindMil. Arrowhead Management Servkes-Golden Valley, MN 2/91-8/92 Attempted to market engineering services pertaining to Utility Mapping and Information Systems. Owatonna Public Utilities, Owatonna, MN 6/84-1/91 Distribution Superintendent (Gas and Electric) Facilitated major changes at the Utility including application of personal computers to engineering and drafting. During my tenure the Electric System load went from 30 MW to 50 MW. Served as Project Manager for a major substation project (East Owatonna Station) Nebnuta distrihntinn “^1!. *i. handli onss” ^4. ~«ss:;3;;SsM*. ri™,. ■- u. S. Army, Active Dmy, enlisted i‘,S:.itsrc~isfsc?rr' Unen^n: as.E.E. (with distinetion) University of Nebraska, Lincoln, Nebraska Professional; Regbtered Professional Eleetrleal Engineer States of Nebraska (I97«), Minnmta (1984). .< Other ‘ - nd Iowa (1997) Hobbies: lifetime holder of Fc/cwmid reLicense) telephone Operator Cirew up on a South Central Nebraska 320 acre farm ^ ^^7 ” "“hanical eSiTi S'unferrs «ty acUvities. I also enjoy dm ^^tem rak^JS.>stS'a “L -| cabin near Crosslake, Minnesota. •trrT\NQ ORONO CITY COUNCIL MEETING ».n ^ ^ MONDAY, MARCH II, 2002 2 5 2002 ------------------------------------------------------------------------Cl I y 3 ROLL The Council met on the above-mentioned date with the following members present: Mayor Barbara Peterson, CoutKil Members Jay Nygard, Jim White, and Bob Sansevere. Representing staff were City Administrator Ron Moorse, Plaruiing Director Mike Gaf&on, City Attorney Tom Barrett, Zoning Administrator Paul Weinberger, Zoning Administrator Wendy Bottenberg, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Alissa Wintemheimer. Council Member Richard Flint was absent. Mayor Peterson called the meeting to order at 7:00 p.m. CONSENT AGENDA 1. Approve/Amend Items 4, 7,8,10, and 12 were added to the Consent Agenda. Sansevere moved, and White seconded, to approve the consent agenda as amended. Vote: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. Regular Council Meeting of February 25,2002 Sansevere moved, and White seconded, to approve the Minutes of the Regular Council Meeting of February 25,2002. Vote: Ayes 4, Nays 0. PARK COMMISSION COMMENTS—DEBORAH HALVORSON, REPRESENTATIVE Halvorson stated that the Parks Commission had discussed the request to vacate Massasoit Avenue on Big Island at the last meeting. They unanimously recommend vacating the right of way, finding no public parks need for it. The drinking fountain for Navarre Park has been purchased and will be installed as soon as the weather permits. The Park Commission would like a survey done of the Sohns/Larson property to determine possible uses. They favor installing a hockey rink. She stated that youth PARK 1 ORONO CITY COUNaL MEETING MONDAY, MARCH 11,2002 COMMISSION COMMENTS—DEBORAHHALVORSOK REPRESENTATIVE — Continued hockey is expanding in Orono and there is great demand for a rink in the City. Gappa stated he would check on the cost of doing a survey before the work session. PLANNING COMMISSION COMMENTS—JEANNE MABUSTH, REPRESENTATIVE Mabusth stated that the Planning Commission was having a work session on Friday at 8:00 a.m. where they will discuss home occupations and structure massing, and invited the Council members to attend. Moorse stated that the local Rotary club was having a meeting at 7:15 a.m. on Friday at which Ted Mondale will be speaking. PUBLIC COMMENTS None. ZONING ADMINISTRATOR’S REPORT 3. Ml-2735 Zoning Code Amendment—Lot Coverage by Structures—Ordinance No. 215, Second Series GaHron stated that there was a change in the ordinance wording in the second sentence of item 4. The word “solely" was added so that the item states that bay windows “that act solely as a window” would not be considered lot coverage He passed out a new copy of the Ordinance. Nygard asked if they had discussed the overhang issue. Gaffron stated it was on a list of things to address in the near future. White moved, and Sanscvcre seconded, to adopt Ordinance No. 215, Second Series, amending Chapter 10 of the Orono Municipal Code by amending Section 10.03, Suhdivbion 14 regarding lot coverage by structures. Vote; Ayes 4, Nays 0. ORONO CITY COUNCIL MEETING MONDAY, MARCH 11,2002 *4. #02-2748 Richard Manao, 2795 Pheasant Road—^Variances—Resolution No. 4767 Sansevere moved, and White seconded, to adopt Resolution No. 4767 granting variances to Municipal Zoning Code Section 10.22, Subdivisions 1(B) and Section 10.56, Subdivision 16(EKF) to allow a 216 s.f. deck and lock box by the lakcshore where a deck of 32 s.f. in area is allowed. Vote: Ayes 4, Nays 0. *5. 02-2753 Wesley Byrne, 2817 Casco Point Road—^Variances—^Resolution No. 4768 Sansevere moved, and White seconded, to adopt Resolution No. 4768 granting a variance to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)2 to permit 3,564 s.f. (31.3%) hardcover in the 75 - 250* lakeshore setback where 4,155 s.f. (36.5%) exists and 2,873 s.f. (25%) is aliowed, to permit additions to the exbting house. Vote: Ayes 4, Nays 0. 6. #02-2755 Long Lake Fire Station—City of Orono, 340 Wiilow Drive North— Ciass III Subdivision, Variance and Conditional Use Permit— Resolutions No. 4769,4770,4771 Gaffron stated there were three separate resolutions on the memo, A: Preliminary Plat Approval, B: Variance Approval, and C: Denying the CUP. There was a blank left in Resolution A for the name of the new road. He stated the new road does not line up with any existing Long Lake or Orono road, hence a new road name is needed. White suggested Fire Service Road. Sansevere asked if there was a deceased resident who should be honored with a road named after him or her. Gaffron suggested Fire House Lane. Sansevere suggested Fire Fighter Lane. The Council decided to leave the blank so that they would have more time to consider names. Mayor Peterson moved, and White seconded, to adopt Resolution No. 4769 granting preliminary’ approval of a subdivision for property located at 340 Willow Drive North. Vote: Ayes 4, Nays 0. White asked if they had not waived the park dedication fee for the fire station, what would they be charging for fees. Gaffton replied that he had not calculated a figure. Since the fire fighters will not use the parks as a resident or commercial employee would, charging the fee was not viewed as appropriate—the fire fighters are not expected to impact the parks at all. 1 ORONO CITY COUNCIL MEETING MONDAY, MARCH 11,2002 6. M2-2755 Long IxUie Fire Station—City of Orono, 340 WiUow Drive North— Ctass HI Subdivision, Variance and Conditional Use PermU— Resolutions No. 4769,4770,4771 —Continued Mabusth asked if fees were collected at the time of subdivision for the other lot. Gaffron stated the second parcel was being platted as an outlet, not a lot, so fees would be collected in the future when the parcel is developed. White moved, and Sansevere seconded, to adopt Resolution No. 4770 granting a variance to Municipal Zoning Code Section 10.20, Subdivision 3 to permit the construction of the Long Lake Fire Station at a setback of 40* from the south line of Lot 1 rather than the 50* setback required. Vote: Ayes 3, Nays 1 (Nygard). Sansevere moved, and Nygard seconded, to adopt Resolution No. 4771 denying a conditional use permit per Municipal Zoning Code Section 10.75, Subdivision 1 to construct the hose tower at the Long Lake Fire Station at a height of 35* above grade. The tower may be constructed at a height not exceeding 30* above grade. Vote: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Mayor Peterson asked Moorse what had happened on Friday. He responded that nothing h^pened. Representative Workman did not bring the Dakota Rail issue onto the floor of the House. Mayor Peterson stated that the Governor does have line item veto and suggested they talk to his staff. Mayor Peterson stated she had met with Gabriel Jabbour. Janet Schaeffer, Mike Bash, Jim Murphy, and MnDOT over the Orono Oaks and Virginia Avenue properties. They also met with Commissioner Tinklenberg, Keith Slater, Tom O’Keefe, the new District Engineer Mr. Winter, and Senators Johnson and Olson. They discussed the main issues: the properties on Orono Oaks becoming full takes and the property on Virginia Avenue not going to condemnation, as well as the utilities—they discussed getting an easement from Burlington Northern. Sansevere stated he had talked to a former Orono resident who was very excited about moving back to Orono in the senior housing complex. He fell the senior housing was being well received and people seemed glad that they had given priority to Orono residents. Sansevere stated he had spoken to the owner of a local food store who had been contacted by the developer about the property on Willow. He would like to be involved in the development with a 20,000 s.f store. Sansevere stated he did not oppose the idea. ORONO CITY COUNCIL MEETING MONDAY, MARCH 11,2002 MAYOR/COUNCIL REPORT —ConHnued Moorse stated they would discuss that specific issue at the work session on April S'**. White stated they need to work together with Long Lake to develop properties that are adjacent to, or across from each other, though in the other city. Moorse agreed, and stated that the two cities could never support more than one grocery store. Nygard stated they do not want to bring in outside traffic. Moorse stated that was why they would never bring in a big box grocery store. Nygard stated he had talked to Greg Gappa regarding the weight restrictions for garbage trucks. He stated that Blackowiak parks its targe trucks on County Roads 15 and 19, while small trucks run to the houses. National garbage collection companies, like BFl, come in and ruin the roads by not following the restrictions. Gappa stated it is hard to enforce the restrictions. The best solution is to get everyone on a street to agree to using one service provider, and to not use a provider who disregards the City’s limits. He stated that BFI has large trucks and is one of the worst offenders. When he calls BFI, they don’t return his calls. The City is only able to ticket a small number of the violations. Nygard asked about allowing Blackowiak’s big trucks to park SO’ onto side roads so that they don’t have to park on the county roads while waiting for the small trucks to return with resident’s refUse. Moorse stated that Blackowiak needs to market and educate people about the difference between that company and the others. White suggested including information in the City’s next newsletter about what issues people should watch for when selecting a garbage collector. PUBLIC SERVICE DIRECTOR’S REPORT None. CITY ADMINISTRATOR’S REPORT *7. Pay Request—Long Lake Fire Station Sansevere moved, and White seconded, to approve the request for payment in the amount of $41,637.28 to BKV Group. Vote: Ayes 4, Nays 0. *8. Additional Water Patrol Deputies on Lake Minnetonka Sansevere moved, and White seconded, to approve the LMCD’s plan for providing two additional water patrol deputies on Lake Minnetonka in 2002, including authorizing the use of the unused portion of the City’s 2001 contribution, plus an L ORONO CITY COUNCIL MEETING MONDAY, MARCH 11,2002 *8. Additional Water Patrol Deputies on Lake Minnetonka—Continued additional contribution of $620.14 to fund the program for 2002. Vote: Ayes 4, Nays 0. 9. Bid Award—2002 Insurance Package—Resolution No. 4772 Mayor Peterson asked what they had budgeted for. Moorse stated that the budgeted amounts were right on, except for the worker ’s comp amount, but that the difference would not cause a problem. Mayor Peterson moved, and Sansevere seconded, to award the 2002 insurance package effective January 1,2002 to the League of Minnesota CiHes Insurance Trust for worker compensation coverage, $58,758; comprehensive municipal property and casualty package, $90,406; umbrella excess liability, $20,313; petrofund reimbursement, $246; open meeting law, $880; boiler and machinery, $1,652; surety bonds, $977; and golf course liquor liability, $563. Vote: Ayes 4, Nays 0. Mayor Peterson moved, and White seconded, to adopt Resolution No. 4772 to Not Waive the Statutory Tort Limits for Liability Insurance Purposes. Vote: Ayes 4, Nays 0. *10. 2001 Investment Report (Information Only) No action was taken. 11. Police Department Donation—Resolution No. 4773 Moorse stated that the family of Lawrence and Alice Brown had made a donation of $1,000 on Febniary 25“* with a note thanking Officer Carlson for saving Mrs. Brown in November of 2000 at Culvers. Sansevere asked if they had accepted the first Brown family donation in 2000 and recognized Officer Carlson at that time. Moorse stated he did not recall making it a resolution. White moved, and Nygard seconded, to adopt Resolution No. 4773 recognizing the lifesaving efforts of Officer Mike Carlson, and to accept the donation of $1,000 from the Brown family on behalf of the police department, and express the City*s appreciation and gratitude for the donation. Vote: Ayes 4, Nays 0. L ORONO CITY COUNCIL MEETING MONDAY, MARCH II, 2002 11 A. Interim Morntorinm on Telecommunication Towers —Ordinance No. 216, Second Scries Moorse stated that the moratorium on telecommunication towers would expire shortly and that they wanted to extend it. Mayor Peterson asked if they could extend the moratorium by another 120 da)rs. Barrett stated that they could, but Council should work diligently to complete its work regarding the regulations in a timely manner. Mayor Peterson moved, and Nygard seconded, to adopt Ordinance No. 216, Second Series extending an interim moratorium on the granting of building permits, land subdivisions, rczonlng applications, conditional or special use permits, variances or other authority relating to the siting of wireless telecommunications facilities and structures In all zoning districts in the City of Orono. Vote: Ayes 4, Nays 0. Moorse stated that at the last meeting the Council had authorized staff to spend up to $5,000 on hiring lobbyists to track Dakota Rail legislation. He stated that was money well spent. Last Thursday, one of the lobbyists found a bill coming before Representative Workman’s committee that otherwise would have been missed. Without the phone call from the lobbyist, they would have missed the hearing on the bill and it would have gone through without any input from them. Sansevere asked how much of the SS.OOO fees remained unspent. Moorse stated that the lobbyist’s payment was a lump some for the entire session. Mayor Peterson stated that she, the Mayors of Minnetrista, Mound, and Spring Paik, representatives of Hennepin and McCleod Counties and MnDOT, and Gabriel Jabbour, and Peter Johnson were all present to respond to the bill in session. She stated that Workman had stated in front of all of them that he would not be going through with the Dakota Rail bill. They plan to send a communication piece to all residents of Minnetonka Beach, asking them to attend a public meeting. CITY ATTORNEY’S REPORT Council went to an executive session after they adjourned. *12. LICENSES Special Event ORONO CITY COUNCIL MEETING MONDAY, MARCH 11,2002 *12, UCENSES—Continued 1.Applicant; Event: Race Route; Date: Time: Minnesota Distance Running Association Fred Kuiz Memorial 10 Mile Run Wayzata Middle School to Luce line—^approximately 4.5 miles out and back Saturday, April 13,2002 8:30 a.m. -11:30 a.m. Sansevcrc moved, and White seconded, to approve the above listed license. Vote: Ayes 4, Nays 0. *26. BILLS Sansevere moved, and White 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. Vee, City Clerk Barbara Peterson, Mayor 8 V. 0~4OOO~Q36^ p 2400 Q 2000 |^ 1600 j ^0 J 5oO SSo ^ AGENDA FOR COUNCIL MEETING SET FOR MONDAY, MARCH 25,2002,7:00 P.M. ORONO COUNCIL CHAMBERS, 27*0 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 neat the sign in sheet. ROLL CALL CONSENT AGENDA 1. Approvc/Amend INTERVIEWS 2. Lake Minnetonka Communications Commission APPROVAL OF MINUTES * 3. Regular Council Meeting ofMarch 11,2002 2 5 20(12 Cl 1 Y UK Onu/vu Orono, Minnesota ibering Index Map UTIsik',* b PARK COMMISSION COMMENTS - Andrew McDcmiott. Representative PLANNING COMMISSION COMMENTS • Dan Kluth, Representative PUBLIC COMMENTS • (Limit S Minutes Per Person) ZONING ADMINISTRATOR’S REPORT 4. «02-2745 Ilona and Kenneth Peterson. 1074 Wildhurst Trail - Variances - Resolution 5. H02-2746 Mark Fiiutey, 3210 North Shore Drive • Variances-Resolution • 6. #02-2756 David and Jodi Dalvey, 1520 Bohns Point Road - Conditional Use Permit - Resolution 7. #02-2757 Terrance C. Johnson, 1045 Linden Lane - Renewal Variances - Resolution • 8. #02-2758 Robert D. Pieper, 3995 North Shore Drive - After-the-Fact Conditional Use Permit - Resolution 9. #02-2759 John Collette, 2160 West Wayzata Boulevard - Conditional Use Permit - Resolution • 10. #02-2760 James Cusack. 4 140 Highwood Road-Variances-Resolution 11. #02-2763 Clayt and Julie Ann Tabor, 960 North Brown Road - Sketch Plan Review • 12. #02-2765 David Carlson, 740 Willow Drive South - Variance Renewal - Resolution MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR’S REPORT 13. Revisions to 2002 Fee Schedule - Ordinance A. Municipal Water Rates, Non-Functioning Meter Service Chante B. 2002 Golf Course Charges 14. Seasonal Weight Limits - Resolution AGENDA FOR COUNCIL MEETING SET FOR MONDAY, MARCH 25,2002,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARK3VAY, ORONO, MINNESOTA CITY ADMINISTRATOR'S REPORT 15. Pay Request - Long Lake Fire Station 16. Planning Commission Appointment 17. Planning Commission Re-Appointments 18. Funding for Navarre Home O^ership Program. 19. Fire Station Parcel Agreement 20. Award ofBid-Fire Station Project. CITY ATTORNEY’S REPORT 21. LICENSES Liquor Set-Up Special Events aatsK.1 'Brtfigr•msmm » a %■!•22. BILLS RfVIftS*UPCOMING ISSUES AND EVENTS fff» i,9M mjk tf|M4 ten.sm m,mm M. m,mm sm. 7, If to t. If ft Mi f.lffl 4m. liLitfl jm 03/25 -CouiKil Work .Session. 5:30 p.m, 03/25 -Council Meeting. 7:t)()p m. Complete Date: 2/14/02 60 Day Deadline: 4/16/02 Poi !»•/«.,I ticcTING MAR 2 5 2002 on t UP UPIUWO REQUEST FOR COUNCIL ACTION DATE: March 20. 2002 ITEM NO. Department Approval: Name Paul Weinberger Title Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description:#02-2745 Ilona and Kenneth Peterson 1074 Wildhurst Trail Variances LR-IB - Single Family Lakcshore Residential DistrictZoning District: List of Exhibits A Resolution B Survey/Site Plan C Planning Report Application The property owners plan to construct a residence on this \acant lot and have requested variances to permit land alteration and construction of a garage/enclosed walkway that encroaches 24’ into a required 26 ’ wetland buffer. The City’s Flood Plain and Wetlands Management ordinance (Section 10.55) does not permit filling, grading, excavation, hardcover, and structures within a protected wetland and within 26' of the edge of the wetland. A variance is also required to permit the garage to be located 17.76 ’ from the front propert> line, where a 35’ setback is required. fhe garage is a two level building with driveway access to each level. The two level garage requires less building mass on the property as a traditional one story-four stall garage Is difficult to fit on the site due to the wetland location. The property owners had done their original house design based on wetland information that was determined in 1991 before the Wetland Conservation Act rules for delineation were established. In 2002. determination of a wetland boundary must be completed by methods required by the Wetland Conservation Act. The new wetland boundary was determined to be significantly larger than was found in 1991 causing the house to be located within the new wetland setback. A variance to permit new construction on the property of less than I acre is now required, as the e.xpanded delineated wetland area has reduced the dry buildable area to less than one-acre. To accommodate for the lost buffer area the property owners have mitigated an area totaling 2,180 s.f as additional wetland and buffer area on the property. The total amount of buffer area being impacted by the project is approximately 1,500 s.f. #02-2745 Ilona and Kenneth Peterson 1074 Wildhurst Trail Pape 2 of 3____________________ Planning Commission Rccommcndatioa The applicant's first submittal was to permit the garage to be constructed into the protected wetland. The Planning Commission reviewed that request on February 19, 2002 and determined the garage should be shifted out of the wetland area, even if that meant an encroachment into the street setback. The garage has been shifted closer to the street and is now located completely outside the wetland. All grade changes for the garage are outside the wetland. The Planning Commission reviewed the revised site plan on March 18, 2002 and recommended bv a vote of 7 to 0 to approve variances. The following variances are required: 1. Section 10.24, Subdivision 5 fB). Variance to permit construction on a property with less than I acre diy-buildabiw area. The actual lot area is approximately 0.8 acre. Based on the previous wetland determination the lot was found to be I acre and was created under the plat of Wildhurst Estates in 1991. 2. Section 10.24, Subdivision 5 (B). Variance to permit construction of the house I7.V6 ’ from the front propertj' line where 35’ is required. The garage encroaches into the street property line to avoid encroachment into the protected wetland. 3. Section 10.55, Subdivision 8. Variance to permit land alteration and construction of a garage and walkway within the 26 ’ wetland buffer. Review o'l* Hardships 1. The property met all code requirements in 1991 and was considered a buildable lot at that lime. The new wetland boundary as determined by Aquatic EcoSolutions. Inc., Golden Valley, Minnesota, shows a larger wetland basin than what was thought to be located on the property. 2. The larger wetland basin causes two development issues for the property owners. First, the wetland basin's si/e has limited the building envelope to a small comer of the property. The area available to develop is then substantially reduced by the required 35' setback to the back property line and side yard setback. 3. The area of the wetland is larger than first believed, the actual area of the lot is reduced in size to less than one acre. The City of Orono did find in 1991 that the area of the property was I acre. The change to the wetland determination method has changed the defined lot area of the property. 4. The location of the sewer service 10' from the south property line shifts the building location an additional 10' to the north, which causes the wetland buffer impact. r- #02-2745 Ilona and Kenneth Peterson 1074 Wildhurst Trail Paye 3 of 3 ______________________ 5.The property owners have identified areas on the property to mitigate a total of 2,180 s.f. of wetland on the property to compensate for the wetlands lost to fill and structures. 6.The 17.76 ’ setback to the street property line is jusufled by the fact the wetland area restricts any development further north on the property. Stair RecommendatioB Staff recommends approval of the application based on the hardships noted. A recommendation of approval is conditioned on the following: I. 2. 3. 4. 5. 6. 7. The property owners shall mitigate a total of 2,180 s.f. of wetland on the property to compensate for the wetland buffer lost, as also required by the MCWD. Site will be graded to direct stormwater away from the wetlands and into the ditch along Wildhurst Trail. All silt fence should be installed prior to any clearing, filling or grading activity. Silt fence shall remain in place until all vegeution has been established. The City shall review the proposed driveway design and determine the appropriate access to the property. A public drainage, utility and access easement shall be granted over the south 20' of the property. No grading or heavy equipment should be allowed within the easement area. Final site grading and drainage plan shall be approved by the City Engineer and MCWD. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) AND SECTION 10.55, SUBDIVISION 8 HLE NO. 02-2745 WHEREAS, Ilona Peterson and Kenneth Peterson, (hereinafter "the applicants") are owners of the property located at 1074 Wildhurst Trail within the City of Orono (hereinafter "the City") and legally described as follows: Lot 4, Block 1, Wildhurst Estates, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied for variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit construction of an attached garage 17.76' to the street property line where 35’ is required, and to permit construction on a property less than one acre in size; and to Section 10.55, Subdivision 8 to permit land alteration and construction of a garage and enclosed walkway within the 26 ’ wetland buffer; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on February 19, 2002 and March 18. 2002, at which time all persons desiring to be heard concerning this application were given the oppt^rtunity to speak thereon. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #02-2745. 2. The property is located in the LR-1B, Single Family Lakeshore Residential Zoning District where 1 acre is the minimum lot size and 140 feet is the minimum lot width. Page i of 6 3.The Planning Commission reviewed the anplication for variances and recommended approval by a vote of 7 to 0 based on the following findings and hardships; A. The property met all code requirements in 1991 and was considered a buildable lot at that time. The new wetland boundary as determined by Aquatic EcoSolutions, Inc., Golden Valley. Minnesota, shows a larger wetland basin than what was thought to be located on the property. n. c. E. F. The larger wetland basin causes two development issues for the property owners. The wetland basin’s size has limited the building envelope to a small comer of the property. The area available to develop is then substantially reduced by the required 35 ’ setback to the back property line and side yard setback. The area of the w etland is larger than first believed, the actual area of the lot is reduced in size to less than one acre. The City of Orono did find in 1991 that the area of the property was 1 acre. The change to the wetland determination method has changed the defined lot area of the property, as has the ability to credit wetland as buildable area. The defined lot area is now approximately 0.8 acre. The location of the sewer service 10' from the south property line shifts the building location an additional 10' to the north, which causes the wetland buffer impact. The property owners have identified areas on the property to mitigate a total of 2,180 s.f. of wetland on the property to compensate for the wetlands lost to till and structures. The 17.76' setback to the street property line is justified by the fact the wetland area restricts any development further north and east on the property. 4. 1 he City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances will not adversely aftect traffic conditions, light, air, nor pose a fire hazard or other danger to neightoring 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. Page 2 of 6 5.The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit construction of an attached garage 1 7.76 ’ to the street property line where 35 ’ is required, and to permit construction on a property less than one acre in size; and to Section 10.55, Subdivision 8 to permit land alteration and construction of a garage and walkway within the 26’ wetland buffer subject to the follow ing conditions; 1. 2. 3. 4. 5. 7. The property owners shall mitigate a total of 2,1 80 s.f. of wetland on the property to compensate for the wetland buffer lost, as also required by the MCWD. Site will be graded to direct stormwater away from the wetlands and into the ditch along Wildhurst Trail. All silt fence shall be installed prior to any clearing, filling or grading activity. Silt fence shall remain in place until all vegetation has been established. The City shall review the proposed driveway design and determine the appropriate access to the property. A public drainage, utility and access easement shall be granted over the south 20' of the property. 6. No grading or heavy equipment should be allowed within the easement area. Final site grading and drainage plan shall be approved by the City Engineer and MCWD. 8. Site shall be developed in conformance with the site plan attached hereto as Exhibit A. Page 3 o£ 6 1-^^^ Iff‘I ~nii%-e^i~ifii>riii 9.Authorities granted by the variances run with the property not with the j^plicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (March 25,2003). 10.Violation of or non-compliance with any of the terms and conditions of the variances shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 11. The undersigned owners have read, understand and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 25th day of March, 2002. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Applicants STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 25th day of March, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN day ofThe foregoing instrument was acknowledged before me on this _______ ____________, 200 ____by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public SI ATE OF MINNESOTA COUNTY OF HENNEPIN On this day of .^20. personally appeared before me, who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation witness . a credible and who executed the foregoing instrument, and acknowledged that he/shc/they executed the same as his/her/their free act and deed. Notary’ Public STATE OF MINNESOTA COUN' Y OF HENNEPIN On this day of ..20. personally appeared before me, who is personally known to me whose identity I proved on the basis of whose identity 1 proved on the oath/affirmation witness a credible 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 s of £ WILDHURST TRAIL l>f«f Or»rrt|»fioit ttft 4. Bto,'k I. WlLDHt RST tyTAir^ * ^ Mi* 9^ M 9Ut ••• town#* If J|.#i «vU m4 M' Ifwa 9tUmm4 4/*« .ilifltilH- *>■■**■ IMlfC— 4fM ^ «!#• • p»r \ tori / \'n of Jl— / / Suffer* I mpoeV liiire MiooeConira / •••fV ,...i^0J99 n«as. 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KENNETH PETERSON • • • t 3 C Completion Date: 2/14/02 60 Day Deadline: 4/16/02 TO: FROM: DATE: SUBJECT: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator Paul Weinberger, Zoning Administrator/Planner March 14,2002 #02-2745 Ilona and Kenneth Peterson 1074 Wildhurst Trail Variances - Public Hearing Zoning District: Lot Area: List of Eihibits: LR-IB One Family Lakeshore Residential District (I acre) A B C D Draft Planning Commission Minutes (Februar> 19,2002) Revised Site Plan Wetland Buffer Impact Zone Map Planning Report (Fcbmary 1,2002) Initial Application: Property owners ha\e requested variances to permit construction of a new house and detached garage on the property. The variance is to permit land alteration and construction of the garage and a portion of the deck within a protected wetland area and w ithin the 26* bufler area around the wetland. The City ’s Flood Plain and Wetlands Management ordinance (Section 10.55) does not permit filling, grading, e.xcavation, hardcover, and structures within a protected wetland and w ithin 26* of the edge of the wetland. The property ow ners were aware of the wetland regulations and required setbacks, however the actual regulatory boundary of the wetland was revised when a new wetland delineation report was completed on the property in December, 2001. The property owners had done their original design based on wetland information that was determined in 1991 before the Wetland Conser\ ation Act rules for delineation were established when the plat of Wildhurst Estates was filed. In 2002, determination of a wetland boundaiy must be completed by methods required by the Wetland Conservation Act. Attached is a copy of the Plat of the Wildhurst Estates showing the edge of the wetland as defined in 1991. The edge of the wetland is shown on the plat as a Drainage and Utility Easement. When properties are platted it is standard procedure for the City to obtain a public drainage and utility easement over all protected wetlands, as was done in 1991. Planning Commission Review (February 19,2002) Planning Commission reviewed the proposed variance application and determined the garage should be shifted out of the wetland area. TTie Planning Commission commented it would be the preferred option to have the garage within the front yard setback rather than encroach into the wetland. A copy of the draft minutes are attached as Exhibit A. 1 Revised Plans (March 13,2002-Plan Set) The revised plan set has reduced the wetland impact by doing the following: 1.The garage has been shifted closer to the street and is now located completely outside the wetland. All grade changes for the garage are outside the wetland. The negative impact for the garage is it does require a variance to encroach into the front setback. The garage is proposed to be located 17.76 ’ feet from the property line. If the garage were a complete detached building from the house it would be permitted to be located 10’ <rom the property line. Because an enclosed walkway would be built between the garage and house it is considered part of the principal residence and therefore the entire building is required to meet the principal building setback. The garage is a two level building with driveway access to each level. The two level garage requires less building mass on the property as a traditional one story-four stall garage is difficult to fit on the site due to the wetland location. 2.The suggested setback to the sewer line on the south side of the property has been reduced from 15' to 10'. The house and garage was then able to be shifted S’ further away from the wetland. 3.The original site plan showed an encroachment into the 26' wetland buffer area for the house grading. The decks and steps also did slightly encroach into the buffer. The revised plans have moved the house and decks, including grading in front of the house outside the 26 ’ buffer. An additional change to the existing site plan is the new plan shows a single access rather than the dual property access. Any changes to the access would require approval of the Public Works Director. Required Variances The revised site plan still requires variances. 1 Front yard setback to permit the garage to be constructed 17.76 ’ to the property line. To permit land alteration and the garage to be within the 26 ’ wetland buffer [no variance is required to encroach into the actual wetland area]. Please refer to Exhibit C which illustrates the actual buffer impact. in r« II11 Review of Hardships 1 . The property met all code requirements in 1991 and was considered a buildable lot at that time. The new wetland boundary as determined by Aquatic EcoSoIutions, Inc., Golden Valley, Minnesota, shows a larger wetland basin than what was thought to be located on the property. 2. The larger wetland basin causes two development issues for the property owners. First, the wetland basin's size has limited the building envelope to a small comer of the property. The area available to develop is then substantially reduced by the required 30* setback to the back property line and side yard setback. 3. Because the area of the wetland is larger than first believed, the actual area of the lot is reduced in size to less than one acre. The City of Orono did find in 1991 that the area of the property was 1 acre. The change to the wetland determination method has changed the defined lot area of the property, as has the ability to credit wetland as buildable area. 4. The location of the sewer service I O' from the south property line shifts the building location an additional 10' to the north, which causes the wetland buffer impact. 5. The property owners have identified areas on the property to mitigate a total of 2,180 s.f of wetland on the property to compensate for the wetlands lost to fill and structures. 6. The 17.76 ’ setback to the street property line is justified by the fact the wetland area restricts any development further north on the property. Staff Recommendation Staff recommends approval of the application based on the hardships noted. A recommendation of approval is conditioned on the following: 1. The property owners will mitigate a total of 2,180 s.f. of wetland on the property to compensate for the wetlands lost to fill and structures, as also required by the MCWD. 2. Site will be graded to direct stormwater away from the wetlands and into the ditch along Wildhurst Trail. 3. All silt fence should be installed prior to any clearing, filling or grading activity. Silt fence shall remain in place until all vegetation has been established. 4. The City shall review the proposed driveway design and determine the appropriate access to the property, S A public drainage, utility and access easement shall be granted over the south 20' of the property. 6. No grading or heavy equipment should be allowed within the easement area. 7. Final site grading and drainage plan shall be approved by the City Engineer and MCWD prior to review of the plan by the City Council. Pfenning Commiasion Options for Action A. Approve B. Deny C. Table Other Action ii II .J i' i MINUTES OF THE ORONO PLANNING COMMISSION Tacsdayy Fcbniaiy 19,2002 6:30 o*dock pjn. (#01*2706 Richard and Jane Stark, Condnncd) The ^ipUcants have indicated they have decided not to constrict the addition on the east side of the resided and are instead proposing sli^tly larger decks and changing one of the decks into a screen porch. Both decks are located on the lakeside of the residence. Bottenberg stated the City Council did review this item last week and voted 3 to 0 to bring the application back to the Planning Commission for further review. The City Council stated they did not have any concerns with the changes but would like the Plaiming Commission to review the proposed changes and make the appropriate recommendation. Bottenberg stated the hardcover in the 0*75’ setback zone was approved at 15.3 percent, but the new proposal will reduce the hardcover to IS percent. The new propel also reduced the structural coverage by 148 square feet from what had previously been approved. Richard Stark stated he can add to Staffs report if the Plaiming Commission desires. Hawn stated the Planning Commission is familiar with this application. There were no comments from the public regarding this application. Kluth moved, Smith seconded, to recommend approval of Application #01*2706, Richard and Jane Stark, 815 Partenwood Road, granting of variances to hardcover., VOTE: Ayes6,NaysO. Hawn inquired whether there was any existing landscaping fabric on the property. Stark indicated if there is any still remaining on the property, it will be removed. NEW BUSINESS (#7) #02*2745 ILONA AND KENNETH PETERSON, 1074 WlLDHURST TRAIL, VARIANCES, 7:22 p.m. - 8:06 p.m. Kenneth Peterson, Applicant, and Jack Carter, Builder, were present. The Certificate of Mailing and Affidavit of Publication were noted. Weinberger stated the Applicants are requesting variances to permit construction of a new house and detached garage on the property. The variance is to permit land alteration and construction of the garage and a portion of the deck within a protected wetland area and within the 26 foot buffer area around the wetland. Weinberger stated the property is vacant and was originally part of the Wildhurst Estates subdivision in 1991 . In 1973, a sewer line was installed across the property, with the sewer line crossing through the present building site. Weinberger stated the sewer line was relocated a couple of years ago across the south property line. PAGE 8 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 19,2002 6:30 o’clock p.m. (#02-2745 Dona and Kenneth Peterson, Condnned) Weinberger stated a large portion of this lot consists of wetland or shoreline area for Lake Minnetonka, with the actual building pad consisting of a small area. The entire lot consists of approximately one acre in size. In 1991, the assumed wetland boundary went around the 930 contour and the entire area was protected with a drainage and utility easement. Since 1991, the methods of determining wetlands have changed, with the Wetland Conservation Act being enacted. It was determined at the time the owners applied for a building permit that the wetland boundary was much further back on the property than originally believed. Weinberger stated the entire building area is located in one comer of the site, and is further restricted by the 30 foot setback to the back property line and side yard setback. Weinberger stated at the time the house was designed on the property, it was detemrined that the garage area would be located within the wetland area as Vv ell as within a flo^plain. which has since been revised. The property met all code requirements in 1991, and was considered a buildable lot at that time. Weinberger stated some additional grading is being proposed to help raise the building pad in order to accommodate construction of the home and to raise the building pad above the floodplain. The Applicants are requesting a variance to lot area since the dry buildable area has now been determined to be less than one acre. In 1991, when it was originally platted, it was a one-acre lot and met the requirements, but the code no longer allows wetland credit for sewered lots. In addition, a variance to the wetland ordinance is being requested to permit land alteration and construction of a garage and a portion of the deck within a protected wetland area and within the 26 foot buffer area. Weinberger stated the Minnehaha Creek Watershed District has reviewed this application back in January, and approved a variance which allows the garage to be constructed within the actual protected wetland boundary and associated grading with the garage. Weinberger stated two areas are proposed on the property for mitigated wetland, which will create a total of 2,180 square feet of wetland on the property. Weinberger stated the property owners would execute a covenant, which would be recorded on the Chain of Title, which would insure the protection of the w etland buffers. The MCWD also recommended that the site be graded to direct storm water away from the wetlands towards Wildhurst Trail. Staff has discussed drainage towards Wildhurst with the MCWD. The City of Orono is not in favor of having water draining directly towards the street. The property is located at a low point where water can reach an elevation where it will cross the street. Wildhurst Trail also does not have storm water drains or curb and gutter. Weinberger stated a mutual agreement was reached with the MCWD that allows for only a minimum amount of runoff to get to the street, with the remainder of the runoff being directed to a ditch area along Wildhurst Trail and then off into the mitigated area of the wetlands. This will allow the water to cross over as much land as possible before impacting the existing wetlands and lake. The City Engineer is recommending that the foundation of the build*-\g be located IS feet from the actual sewer line, which creates a situation requiring the house to» • .jcated further to the north and caused a portion of the garage to be located into the wetland area. Staff recommends approval of the application based on the five hardships outlined in StafTs report PAGE 9 MINUTES OF THE ORONO PLANNING COMMISSION Toctday» Fcbnuuy 19,2002 0:30 o’clock pjn. Peterson stated he has nothing additional to add to Staff’s report There were no public comments relating to this application. Hawn inquired what thoughts the Planning Commission had regarding access from Wildhurst Kluth inquired why two curb cuts rather than one. Peterson stated two curb cuts make access to the property work the best. Peterson noted under Item #4 the City is going to review that item. Hawn inquired whether the Applicant would be okay with this application proceeding forward subject to that condition. Peterson stated that would be okay. Kluth stated it was his understanding a property owner was only allowed one curb cut Weinberger stated traditionally only one access is granted to a property, with each request being reviewed by the Public Works Director. Weinberger stated it has been the policy of the City in the past to only allow one curb cut, noting it might not be defined specifically in the code. Smith inquired whether the garage could be located closer to the house to eliminate the need to be within the wetland. Carter indicated they did discuss that with the MCWD, who had also suggested the garage be located closer to the house. Carter stated they originally located the garage 20 feet from the house and have since relocated it six feet closer. Carter stated the problem with coming any closer to the house with the garage is access into the garagr. Smith inquired whether the garage doors could be relocated. Carter stated it is a tuck-under garage, which limits which direction the garage can be accessed from. Kluth commented the hardships are very compelling in this case, but noted that there is nothing in the lay of the land that requires a two level garage. Kluth stated he is unsure what the hardship is for a two level garage. Peterson stated he did not want to construct a single level four car garage, which would add to the hardcover. Peterson stated the garage was stacked in an effort to limit the footprint. Rahn inquired whether this design was completed prior to the new zoning requirements being put into place. PAGE 10 MINITTESOFTHE ORONO PLANNING COMMISSION Ticsday, Fdmury 19,2002 6:30 •’dock p.m. Peterson stated he has nothing additional to add to Staff's report There were no public comments relating to this qiplication. Hawn inquired what thoughts the Planning Commission had regarding access from Wildhurst Kluth inquired why two curb cuts rather than one. Peterson su'>m1 two curb cuts make access to the prcqxrty work the best. Peterson noted under Item #4 the City is going to review that item. Hawn inquired whether the Applicant would be okay with this application proceeding forward subject to that condition. Peterson stated that would be okay. Kluth stated it was his understanding a property owner was only allowed one curb cut. Weinberger stated traditionally only one access is granted to a property, with each request being reviewed by the Public Works Director. Weinberger stated it has been the policy of the City in the past to only allow one curb cut, noting it might not be defined specifically in the code. Smith inquired whether the garage could be located closer to the house to eliminate the need to be within the wetland. Carter indicated they did discuss that with the MCWD, who had also suggested the ^rage be located closer to the house. Carter stated they originally located the garage 20 feet from the house and have since relocated it six feet closer. Carter stated the problem with coming any closer to the house with the garage is access into the garage. Smith inquired whether the garage doors could be relocated. Carter stated it is a tuck-under garage, which limits which direction the garage can be accessed from. Kluth coiiunented the hardships are very compelling in this case, but noted that there is nothing in the lay of the land that requires a two level garage. Kluth stated he is unsure what the hardship is for a two level garage. Peterson stated he did not want to construct a single level four car garage, which would add to the hardcover. Peterson stated the garage was stacked in an effort to limit the footprint Rahn inquired whether this design was completed prior to the new zoning requirements being put into place. PAGE 10 . ^ MINUTES OF THE ORONO PLANNING COMMISSION Tncsday, Fcbnuuy 19,2002 6:30 o*dock p.in. Peterson stated at the time they purchased the pnq)eity, diey understood there was a vcfy definite ^K>t for the house, and they designed the house to meet that q>ecific building pad. Peterson stated in Deceniber the wetland issue with the building pad came up, which reduc^ the size of the building pad by approximately one-third. Peterson stated they attenq>t^ to relocate the house, but die situation with the sanitary sewer did not allow them to relocate the house very fiur. Rahn stated in his view the garage could possibly be relocated out of the wetland area if the garage were redesigned and attached to the home. Peterson stated the garage was stacked to lessen the footprint. Peterson stated due to die elevations of the land, the garage was located slightly away from the house. Rahn stated in his view a four-car garage is not a necessity. Hawn stated the Applicants in her view have done a fairly good job at designing the house and garage given the fact that they were unaware of the wedand constraints. Kluth commented they were also faced with the laws being changed. Kluth noted they are doing wedand mitigation. Kluth stated he has a problem with constructing the driveway in its present location. Carter stated they will avoid constructing the driveway over the lift station. Mabusth noted the Planning Commission does not have a copy of the wedand delineation, and inquired what type of a wetland is on this property. Weinberger stated it is a Type 3. Mabusth commented it would be nice if the City could give a little leeway on the IS feet from die sewer line to the residence. Weinberger stated Staff can review that prior to this application going to Council. Fritzler slated in his view the garage should be located a little closer to the house, with only one curb cut being allowed. Kluth agreed with Fritzler. Rahn inquired how the garage would be sun>orted in the wedands. Peterson stated there would be pilings in the wetlands. Rahn commented he personally feels the land alteration on this site is excessive and that it was designed to the old standards. Mabusth inquired whether a preliminary grading plan has been conqileted. PAGE 11 . ) MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 19,2002 6:30 o*dock p.in. Weinberger stated the area where the fill will be placed will raise the building pad for the garage and a p<»tioo of the house by approximately two feet. Mabusth stated information relating to access, drainage and grading issues should be available prior to this aj^lication going to the Council. Mabusth stated the Applicant would need to work with Staff to insure that these issues are resolved prior to proceeding to the City Council. Kluth stated the Plarming Commission could approve this application subject to certain conditions. Smith inquired whether the Planning Conunission should review this application once those issues are resolved. Hawn stated in her view the Planning Commission does not have enough information to determine exactly how close the garage should be to the house. Kluth stated a lot of these limitations are self-imposed by the architectural style of the house rather than by the land. Rahn inquired where the Applicants were at on hardcover. Weinberger stated they are well below on the hardcover limits allowed on this property. Hawn inquired exactly what other information is still needed as far as drainage and grading. Weinberger stated the approval of the design is subject to the approval of the City Engineer. Weinberger stated the City Engineer only reviewed an architectural plan of the grading prior to this meeting, which showed the house and garage located closer to the wetland than the plan before the Planning Commission. Hawn stated she has gotten the impression from the other Planning Commission members that the garage should be located closer to the house. Mabusth stated she would like to hear from the City Engineer on how ht back the house can be moved, which may allow the garage to be relocated. Hawn inquired whether this application should be tabled or have the approval subject to a number of conditions. Hawn stated she personally does not have a problem with the application, and if the garage is relocated closer to the house, the Plarming Commission in her view should review it again. Kluth stated the idea behind relocating the garage is to get it out of the wetland area. Hawn noted even if the garage is attached to the house, a portion would still remain within the wetland buffer zone. PAGE 12 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, Febnuuy 19,2002 0:30 •*dock p.m. Peterson inquired whether die sewer line could be relocated back to where it was supposed to be. Weinberger stated the sewer line could probably be relocated, noting that it was placed in its present location because the previous property owners had requested it be relocated. Weinberger stated if the adjoining property owner agrees to give an easement, the sewer line could be relocated. Weinberger stated currently the City does not have an easement for the sewer line in the neighboring property. Hawn inquired udiether the Applicant would like to have this application tabled or proceed forward to the City Council. Peterson stated they would like to move ahead. Hawn commented it is likely the City Council would send it back to the Planning Commission since there are a number of unresolved issues. Peterson stated in terms of the drainage to the street, there is a draiiuge and utility easement that would handle the runoff from the street, with a ditch carrying water from the north side of the road across into the wetlands. Peterson stated they could construct a swale or ditch on their side of the road, which should address all of the drainage concerns. Peterson stated if the garage is relocated closer to the house, it will impact the front yard Mtback. Rahn stated he personally would like the garage to be closer to the front yard setback than where it is presently proposed. It was the consensus of the Planning Commission that they would rather see the garage closer to the front yard setback than in its present location. Hawn commented it appears to be the recommendation of the Planning Cotiunission that this item be tabled, with the idea that the Applicant look at revising his plans somewhat to relocate the garage out of the wetland area, depict access on the plan and the actual layout of the driveway. Hawn stated by that time the City should have the comments of the City Engineer concerning drainage and the Public Works Director on the access issue. Hawn stated the Plaiming Commission would like to see the garage relocated further away from the Type 3 wetland. Rahn suted he would be more receptive to granting a front yard setback than a wetland variance. Other Planning Commission members agreed. Peterson requested his application be tabled. Hawn moved. Smith seconded, to table Application I102-274S, Ilona and Kenneth Peterson, 1074 Wildburst Trail, to allow the Applicant time to revise his plans. VOTE: Ayes 6, Nays 0. PAGE 13 5 e8*06'36" C IM.97 WILDHURST TRAIL l^gal th‘mvni>Unt$ u>i I. I. i^nny. 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M • — ^ «Ml t '.-t Maff ptw*9V9m mr i»a ###^mnmjnr or svmrr tvsb a-» « *«.<M « i-t't ««*MV vW** •• • •» MR.KENNETH :#n:T>v' liyipAc*^ Arc •> A CompletioD Date: 60 Day Dcadliac: 2/14/02 4/16/02 TO:Chair Hawn and Orono Planning Commission Members Ron Moorsc, City Administrator FROM:Paul Weinberger, Zoning Administrator/Planner DATE:February I, 2002 SUBJECT:/^02-2745 Ilona and Kenneth Peterson 1074 Wildhurst Trail Variances - Public Hearing Zoning District: Lot Area: LR-IB One Family Lakeshore Residential District (1 acre) Lbt of Exhibits: A B C D E F G H I J Application Plat Map MCWD Permit Approval (January 25.2002 Letter) Site Plan Wetland Impact Map City Engineer Comments Copy of Plat of Wildhurst Estates Building Elevation Views Floor Pans Property Owners Notification List Application/Background: Property owners have requested variances to permit construction of a new house and detached garage on the property. The variance is to permit land alteration and construction of the garage and a portion of the deck within a protected wetland area and within the 26' buffer area around the wetland. The City's Flood Plain and Wetlands Management ordinance (Section 10.S5) does not permit filling, grading, excavation, hardcover, and structures within a protected wetland and within 26’ of the edge of the w etland. The property owners were aw are of the w etland regulations and required setbacks, however the actual regulatory boundary of the wetland was revised when a new wetland delineation report was completed on the property in December, 2001. The property owners had done their original design based on wetland information that was determined in 1991 before the Wetland Conservation Act rules for delineation were established when the plat of Wildhurst Estates was filed. In 2002, determination of a wetland boundary must be completed by methods required by the Wetland Conservation Act. Attached is a copy of the Plat of the Wildhurst Estates showing the edge of the wetland as defined in 1991. The edge of the wetland is show n on the plat as a Drainage and Utility Easement. When properties are platted it is standard procedure for the City to obtain a public drainage and utility easement over all protected wetlands, as was done in 1991. #02-2745 Dona and Kenneth Peterson 1074 Wildhurst Trail February 19.2002 Page 1 of4 7 The property met all code requirements in 1991 and was considered a buildable lot at that time. The new wetland boundary as determined by Aquatic EcoSolutions, Inc., Golden Valley, Minnesota, shows a larger wetland basin than what was thought to be located on the property. The larger wetland basin causes two development issues for the property owners. First, the wetland basin’s size has limited the building envelope to a small comer of the property. The area available to develop is then substantially reduced by the required 30' setback to the back property line and side yard setback. Secondly, because the area of the wetland is larger it then reduces the actual lot size. Properties in the LR-1B zoning district are required to have a minimum lot size of 1 acre. In 1991 the lot size of the property was 1 acre. Lot size is measured as the area of a property that does not include lakes, rivers, or areas of the property that is frequently under water or which sustains emergent aquatic growth (wetlands). Because the area of the wetland is larger than first believed the actual area of the lot is reduced to less than one acre. Additionally, in 1998 the City eliminated the use of wetland credit for sewered properties. A variance to lot area is required to permit construction on the property. Pertinent Ordinances Section 10.24. Subdivision 5 (B): A variance is required to lot area to allow construction on the property since the defined lot area is less than 1 acre. Section 10.55. Subdivision 8: Variance to permit land alteration and construction of a garage within a protected wetland and 26* wetland buffer. Wetland Impact The MC WD has stated the total wetland impact of the garage is 130 s.f. Total impacts to the buffer encompass 776.1 s.f. The MCWD reviewed the application and variances were approved by the MCWD on January 24,2002. There approval was subject to the property owners completing the following: 1.The property owners will mitigate a total of 2,180 s.f. of wetland on the property to compensate for the wetlands lost to fill and structures. Property owners will execute a declaration for the preservation of wetland buffers. j.Site will be graded to direct stormwater away from the wetlands and towards Wildhurst Trail. City staff has discussed the issue of water runoff being directed towards Wildhurst Trail. The City of Orono is not in favor of having water draining directly towards the street. The property is located at a low point where w*ater can reach elevation where it will cross the street. Wildhurst Trail also does not have stormwater drains, curb and gutter, etc. To protect the street and meet the intent of the MCWD approval the site drainage from the site will be managed by allowiug only a minimum amount of runoff that will get to the street. The remainder of the runoff would be directed to a ditch #02-2745 Ilona and Kenneth Peterson 1074 Wildhurst Trail February 19.2002 Pa|e2of4 area to be graded along Wildhurst Trail and will be directed to the new mitigated wetlands. This will allow the water to cross over as much land as possible before impacting the existing wetlands and lake. Sewer Location A sewer line has recently been relocated out of the building pad of the lot. The sewer line is now located about 10' north of the south property line. Because of the sewer location it is not possible to construct the proposed house to the 10* side yard setback. The City Engineer has recommended the house not be constructed within 15' of the sewer line. The result is a house that can not be built within 25 ’ of the side property line. If the proposed house was allowed to be built only 1 O' from the property line, it could be done to not encroach into the wetland, and only have a partial impact on the 26' wetland buffer. Since the line was relocated there is no record of a new utility and access easement being recorded on the property. Because of the man hole locations on thej^r^rty and sewer line the City may be required to access the property for routine maintenance,*^^!!^ an easement is necessary. City Engineer Comments City Engineer comments are attached as Exhibit F. Review of Hardships 1.The property met all code requirements in 1991 and was considered a buildable lot at that time. The new wetland boundary as determined by Aquatic EcoSolutions, Inc., Golden Valley, Minnesota, shows a larger wetland basin than what was thought to be located on the property. 2.The larger wetland basin causes two development issues for the property owners. First, the wetland basin ’s size has limited the building envelope to a small comer of the property. The area available to develop is then substantially reduced by the required 30' setback to the back property line and side yard setback. 3.Because the area of the wetland is larger than first believed, the actual area of the lot is reduced in size to less than one acre. The City of Orono did find in 1991 that the area of the property was 1 acre. The change to the wetland determination method has changed the defined lot area of the property, as has the ability to credit wetland as buildable area. 4.The location of the sewer service 10' from the south property line shifts the building location an additional IS' to the north, which causes the wetland impact. If a house could be constructed at the 10' setback the proposed development would not impact the wetland. 5.The property owners have identified areas on the property to mitigate a total of 2,180 s.f of wetland on the property to compensate for the wetlands lost to fill and structures. 002-2745 Dona and Kenneth Petenon 1074 Wildhurst Trail February 19.2002 Page3or4 Site Plan Issues The City of Orono only permits one curb cut to an individual property. The property owners have shown two access points on the property. It appears the primary purpose in having the two access points is to provide better access since the garage is a two story building. The two story design also contributes to some of the additional fill that is required. The additional fill is required for the driveway elevation to be raised to the 2"^ level garage stalls. The City Public Works Director did not approve the concept for two driveway access points to the property and has recommended the driveway access be reduced to one. It would be possible to construct a single story garage with 4 stalls, but doing so would require variances to permit the garage to impact the wetland buffer and would require setback variances for an oversized accessory building. Staff Recommendation Staff recommends approval of the application based on the hardships noted. A recommendation of approval is conditioned on the following: 1.The property owners will mitigate a total of 2,180 s.f. of wetland on the property to compensate for the wetlands lost to fill and structures, as also required by the MCWD. 2.Site will be graded to direct stormwater away from the wetlands and into the ditch along Wildhurst Trail. 3.All silt fence should be installed prior to any clearing, filling or grading activity. Silt fence shall remain in place until all vegetation has been established. 4.The City shall review the proposed driveway design and determine the appropriate access to the property. 5.A public drainage, utility and access easement shall be granted over the south 25' of the property. 6. No grading or heavy equipment should be allowed within the easement area, Planning Commission Options for Action A.Approve B.Deny C.Table D.Other Action i02-2745 Dona and Kenneth Peterson 1074 Wildhurst Trail Febniaryl9.2002 Page4of4 ' 1 iliiiiniin n iiii f J • % CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S2S0.00 (SSO.OO per each additional variance) Renewal Variance Fee SI50.00 (no change from original .«ppUcation) Variance for non-conforming structures $250.00 Afcer-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address [014 Property Identification Number (P.I.D.) on Application # Date Received"'^ Amount Paid ______ Attach legal description to application if not included on required survey. Date Property Acquired..(month/year) I (do) (do not) also own the adjacent parcels of land. Present use of property: residential y other (specify) S/acmp I'X Zoning District:____________________________________________ APPLICANT jAdK- CAfisieH. W/ Phone (home) ^^2 • 5*^-7 • Name doRiNi TRoMA^ Z.u4rtbAi| fioA4^. lNt> Phone(work)^fe. 4^\. Address: IIAI WAtiTATP^ ik 21ft City: tvAt/ZA-BV_______Zip: 1 OWNER (if different than applicant) Phone (home)_________________ Name :1LANA- * PgTOZfctfrsl Phone (woric) Giz• ^V1 • 6ZTZ- _ Address: l4f,±^ l?/tel pL. ISl^BtrTU City: 1PLf4fAayTi4 Zip: ^ .. DESCRIPTION OF REQUEST Estimated Constniction Cost $ Describe request in detail: '^t> 4 'RulW^ __ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area ___Lot Width Setback:Front Side Hardcover Rear Lot Coverage Average Lakeshore Other (specify) ^K/AtL^A/l HARDSHIP/DESCRIPTION of UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing ' ' " ‘ ---------------------- U2®U^ 1/A n O AflaA f L1M1$ ^rrtf-lrvl ftOtUDlAI/^ (attach additional sheets if necessary) >3 3 u REQUIRED SUB^aTTALS r.L.!l!."!L":!!!fi^'' »■■«d.., I, __ Completed Application Fonn ---- Certified Property Owners List of owners within 150', labels and nlat man must obtm this list, labels and map from Hennepin County olpaZen?^ of Finance, A-603, Govt Center. 348-5910). ^ department of ---- Certificate of Survey (signed by a licensed surveyor) and include hardcover _ To^graphic suivy (exisUng and proposed elevations) if «.y u, grade arc proposed. In addition, provide one (1) copy 814” x 1 r* for ^ - f• f“view/&* 1*,')'j" ---- List of the leg^ names (include marital status) of all persons with^an interest the Prope^- This would mclude name(s) of applicant(s) if not current ownerfs) _ As an addendum to this application, please atoch a s^ate lTof\^7oie; persons you wish notified of this application. ---- Additional items as may be requested by City staff. 1. 2. 3. 4. 5. 6. 7. 8. The Applicant and Property Owner must sign this appiication. Please remember that vmrr Yirignct gppImHtin » wot tomphie If the above Information h.« l■.et.■J«a APPLICANT'S SIGNATURE me appliemt hereby agrees to provide all information required or requested by the Zoruna Admtmstrator. agrees to pay additional fees (staff time not covered by original fee pa™«n an^or consultanl expenses meurred in review of this application, and cer^if" ST“e information supplied is true and comet to the best of hisdier knowledge. Applicant ’s Signature ________________ Date / /S.02. OWNER'S SIGNATU^ The owner hereby acknowledges and agrees to this application and further authorizes reasonable memb^Tfn ‘consultants, agents. Commission members. and^^^cU members for purposes of mvcstigati^and verification of this request. Owner's Signature <V •Date Applicant must have all submittals into the City offices 25 davs hefcirsw ti,« ou • mo^^ a" Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetines of the Plannino »f Y: JJ - •>-/ ' i'*-. ? A a/ •?jp ii* •.V • J 1 J w,".*, tv f^pinCoijntyTaiiii^Wl a 1*1—------!-■_ ,rB9-f^4CJif (2) •; "3» • : • ;. • ! •/- » inn • « .‘ a fe//fc Ai/e 2 •»» « • • f « ■ 1 t ’ ; • • • ((7fi 9 1 •,'•*•: 9 ' i •: 9 1 9 ■ f • ) t 9 t..* %9 9 * 1 • 9------'•; 9 k <m m1 a 1 ^ •\4 • ; V•A • ;'9 9\ V 9 9^^9 1, 5>mI;1 9; ; •i-r;M a! ** * *'(•> ; 9! 0 •i (3) ^c n• 1 •• •• ••• •••• •• f •• •«$$ K \ • ,5, * 1 \ \ m \ \(3H W ■ •*5 P^j i ■ \PfJ \ -----------------m. .Wfi \ * iJ5j " •r •• ri«^'t 'X^ I m iiiAsr sdSf 0^^ .' «»« i 1 HEATHERCROFT ■Ul.• ? \ r Parcel Inform "•r:tV 8 r r> t>w 4 lL9Ji ii' -t- - .5=v^ Parc«l ID 071172324004$ <. H oum Numter 1074 VX > StTMt Nam« WlUIHURtT - , ■ , > -? TNm it not 9 hg^ ncord0d nttfi. M/«f»r»s«nto« oofl^&)n'^ln/U^ anddtta fmm CHy. County, andStato roadauthoriddt andothirsotinot. -.'. t- JfVf-28-2002 12:11 MIMCHPHn CREEK URTERS^ED £124710662 P. 02/02 Hinelaka tMk irtenlei listrict ImfmAtgQMMU^tfWMter, Qusb^rfUfi L«# H«9i.1Stt9.N«wil IM ^8M^r<nodRaid GMW«MNSSS31-H7B RN m: (063)4714800 liK(9S2)4n<06» Bral: •MR0niMlHlaaMkoig WtabSte wwKmbvMhihicnekoiB BoifdoflllMgm PMMtaQ-Blit JamnCaUns ijnnRshcr MonkaOnu SoottThomH MafeotoiMd RobeitSehioader /aooaiy25.2002 KmP«tmoii 14820 13tbPlw« North Plymouth, MN 5S447 RE: MCWD Pennrt Applicition No. 01 *470 Deaf Sirs: Hie Mimi»lniKa Creek Wateohed District Board of Managers reviewed die above menliooed permit applicatian SI their Board meeting oa Jaouaiy 24,2001. It was die action of the Board to approve diis application with the following conditiODt: • Reimbufsementormafling costs in the amount of S96.40 • Payment of Rule J fees in die amount of $112 JO • SubnuUal of a declaration for the preservation of wetland bufTen which must be executed and recorded • A revised site plan must be submitted showing the tedireciioa of stofoiwaier from impervious surfaces away firom the wetland and mwards Wildhurst Trail Due to die size and conqilcxity of certain projects, the Board, by Rule J, requires that site inspections be conducted. In diete cases, the applicant is required to pay to the District, a fee equal to the actual costs of analysis of the project, field inipeetion, engineering services, legal services, and any lubsequcnt monitoring of the work. These costs are refomd to as Rnle J fees. Once the above mentioned fees have been paid and the other conditions have been met sufT will issue the peimit You are reminded that worii on the prqject cannot begin uadi the permit haa been issued. This permit expires one year from the date of diis letter. If final municipal approval ofdie project results u changes to the project you must submit revised plans to the MCWD for review. Please call me at 952-471 >0590 with any questions. Sincerely, Michael D. W^tt District Technieun c:Lisa Tllman, Wencic Associates Paul Wienb^er, City of Orono s r WILDBUEST TRAIL Ligal IhacrlpUoo 4, B!9ek I. miDBUMST R3T41TS. ^ t — • — wa<ta# M« ®****** 90ti»m4 0>*« •• M* w«*M* Dm vvliaMtf Ma««UMi Prm0»m*4 Um^rrn»9m»mtm tm A^ff^rr C«r«4« - itWi *f n. •»«>»\ywr< » iy$j M /I •• S#«pr M* •/ Mk«r«ui - r?i.j «« fL W0Qm»4 9l«/rrr iU«« t4,§l7St ■«. A. 4r#« 9140.3 «f. /i._ _______ ________ Tstsi Arms OtUum OHUmO TO 40X3 ft. « MM «Mp ■# fM^MU Ma mur—i •# MIM li MwiMK « • lUaoUi ino moauwatP*n»u$ «/f««c f0*iJ 000.9 Oootttes 09t»tlag «l#v. tOOO.Of O0t%0l09 prf0»4 mU*. »urHe0 4r0im9g9Dtaoltt •4iM A flbM (. M «MMM M **" Frt>poo0j iop of f0un49U9n «f«r« 0J9.J PrapfO g9rm§0 ftA^r •!«»« 043.3 RnpoBoO l«v««| n««r UO.J MM *•! Mm M* MMmM JM • mm iM « MM« tfLttmm «mM M Mu M MMfMi■»mM Mm MjilimA MmSTEm MfMM M — SI MM* MM MLM Mr MM« MMft M 4Mm«MMMMT Ma— MM» M <yII M IM IhM M« M mM M« « M« TOTU OaMCU AMCX- 111,140.3 m^. ft. ABiH LS iURDCOVU 20.XCS: RHOFOSBD IliMDCO^TM AREA ®* - W* «on« m 30.140 3 oq. fi.-- —-0 Bq. /I. W - 530* Mmmm • 47.4X.0 «t /L------------tUmm • 1030 4 ft. CsngB m OOX? oq. ft. Roiks k Onto m OtOi oq. fL Ootk • 017.3 90. n. Tot9l PnpmtBO HmrOcBwmr « 0l7?.i 9q. ft. Anm in in# •47.433 0 wq ft Ftrtent RsrOenTnr n 47.0*1 330* - 300* onnn m 37,373.4 oq. ft-------------0 oq. ft Z •OropnooO •fr«ay««« ptAUminmrj mn4 «ot imlpmdoO foe conBlrvetJnm. K*4 M •* « ooyuat-CBOOtoi UMO uo^tiom MT. m WV »•#•« w « M* nt§ mm Atemmm i /M Bo I *M-»J CMRimCAn OF SVMVBT FOR: • w 4-M# a«y «• hnCST ilfl?. KENNETH PETEBSON *• • W 4 /• 1 trmm r» 7JU %•«•(»«<*, '•*IU$,4 t^tUmtmmrf tt»i f*t fVrfliMlMa/* timt •»t mMlmmi JHi rnemUtm 9rUrnm4 4**« ruy niirW Arr* f " £ar«^A# 2 • Hoose* EJje • >/ I Lake Minnetonka neas. N 88*06'24" V ^w****^ nr^Mil hmprefrnmrmts tm Ihttfen tSf^e - tm.9 #f |W4«^f»»»tip - 1, /t TMal - ITai •«. /* Vr«uw JMkr jf»« IBjnrjH m$. IL < mtitmttern Mren fi«U? «f. It r^ml Mnm 9$th*m Ivlfeg^W SrlUW Ml4«Xl •«, /I. tor4i. r4i.*rai amca : in.HBi m n. —— —‘r*n^r.'C^ .Vt^nr r Bonestroo Rosene Anderlik& Associates Engineers A Architects February S. 2002 •ofWftfM. eof«n«. AntfgrUli snd Aiio<lat«t. Iiic. Ii an Arrirmatlvg Actlan/leua* Oppartmilty tin^oyaf and iinplay Owrwd frlfsclfall: Otto G ionesiroo. FE. • Marvin L. Sorvala. Pi. • Glenn ff. Cook. ft. • todert G. SchunkHt. Pi. • _ Jerry A. BourOon, Pi. Senia# CanMittanti: toOart W. foterte. P£. • Joseph C. AndeftHi. P£. • tichard L lUnef. P.E. • Susan M. Cbcrdn. CPA. Aiiaclata drlnclpafi: Kcuh A. Gordon. Pi. • doOert K. Ptellette. Pi. • Richard W. Foster. Pi. • David O. ioskota. PC • Mark A. Hanson. PC • Michael f. Rautmarsn. Pi. • Ikd K. Field. Pi. • Kenneth P. Andersoa Pi. • Mark R. Rolfs. PC • David A. tonestroo. MJA • Sidney P waiiamsoa PC.. LI • Agnes Ml Ring. MCA • AN^ Rick Sctwildl. PC. • Thomas W. Peterioa PC. • James R. Maiand. PC. • Miles ■. Jensert. PC. • L PhiNip Gravel M. PC. • Dvdel J. Cdgerton. PC. • Ismael Mmtnet. PL • Thomas A Syfko. PC. • Sheldon J Johnson • Dale A Grove. PL • Thomas A Rouihar. PC. • RoOert J Devery. PC. Offices: Sc. Paul. St. Cloud. Rochester snd wuimsr. MN • Milwaukee. W1 • Chicago. It KMibilce: wwwOonestroo com Paul Weinberger Zoning Administrator/Planner City of Orono Post Oflice Box 66 Crystal Bay. MN 55323 ' r-j IJ /*, VII I vrvn'jc.Q 1074 WilJhurst Trail File No. 139-02-000 Plat No. 02-2745 Dear Paul: We have reviewed the proposed site plan for the proposed home construction located at 1074 Wildhurst Trail. We have the following comments with regards to engineering matters; The proposed home location abuts the proposed sanitary sewer easement. It is critical that the home construction not encroach into the easement to protect the City’s future access to the sewer. We assume the home will be slab on grade so that no basement excavation is necessary. All silt fence should be installed prior to any clearing, filling or grading activity. Silt fence should remain in place until vegetation has been established. We have no problem with the proposed wetland fill and mitigation provided the Minnehaha Creek Watershed District (MCWD) concurs. It appears the proposed driveway will be constructed over the existing lift station. The City should review the proposed driveway design and determine whether this will create conflicts. A grading plan should be provided for review. No grading activity or heavy equipment should be allowed within the sanitary sewer easement. If you have any questions please call me at (651) 604-4863. Yours very truly. BONESTROO. ROSENE. ANDERUK A ASSOCIATES, INC. /cTyff Tom Kellogg Cc: Greg Gappa, City of Orono 233S West Highway 36 ■ St. Paul. MN 55113 • 651-636-4600 • Fax: 651-636-1311 ( ^4r3irfir tC • •; '■li li mrsr, :—*T"*g- I ^ 0fV4C. 1,0 • ^ I **V .jfo , I L,j£S^ ‘ IS 11-^IK F.I,fiC^ " hJ I* I Lf,. I.. fi /> l>^ I / 3 9, '' gardens ’l•.4 u)!UWs4 £'s4«^44£ ' ‘ •. N/» J * » r. • rRONT C.LC.VATI0N-ri!.TC.R50N KESIPC.NCC. -II- O •T^7/fe' ftess^ ±0 vm RUN DATE Ei/OT/OE lATCH 515 HENNiflN COUNTY PROPERTY INPORNATXON SYSTEH PROPERTY OWNERS LIST REPORT NO. PXAUAil PAGE 14 PROP ADDR OWNER NANE TAXPAYER NANE/ADDR SR §7-117-23 IS §217 ilttf WXLDNURST TR DAVXD A TXNP A NXCHELLE TXNP DAWXD A TXNP lift WXLDHURST TR HOUND NN 55344 SR RT-llT-ES 21 RRR2 045§5 WEST RRANCN RD HARRIET J NORGART HARRIET J HORGART lias WXLDHURST TR HOUND HN 55344 SR R7-117-2S 21 RRIS iliil WXLDNURST TR NANCY L PERRELL NANCY L FERRELL Ittl WXLDHURST TR HOUND HN 55344 PROP ADOR OWNER NAHE TAXPAYER NAHE/ADOR SR §7-117-23 21 §§14 §1§§3 WXLDHURST TR NARRXET J NORGART HARRXET J HORGART 1§§S WILOHURST TR HOUND HN 55344 SR §7-117-23 24 §§11 §1§R§ WXLDHURST TR RVC HONES XNC RVC HONES XNC 155§§ WAYZATA RLVO WAYZATA HN 55S41 SR §7-117-23 24 §§24 §1§R5 WXLDHURST TR H A SCHULTZ ETAL HARVEY A SCHULTZ 1§RS WXLDHURST TR HOUND HN 55344 10 PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR SR §7-117-23 24 §§S§ §1§45 WXLDNURST TR HXCHAEL V HCKENNEY NXCHAEL V NC KENNEY 1§45 WXLDHURST TRAXL HOUND HN 55344 3R §7-117-23 24 §§S1 §1§55 WXLDHURST TR CITY OF ORONO CITY OF ORONO P 0 ROX 44 CRYSTAL DAY NN 55323 SR §7-117-23 24 §§S2 §§§3R ADDRESS UNASSXGNED HICHAEL/CHRXSTXNE LXTTHANN HXCHAEL LXTTHANN 4172 UTICA AVE S RLOOHXNGTON HN 55437 PROP ADDR OWNER NAHE TAXPAYER NANE/ADDR SR §7-117-23 24 §§41 §1§4§ WXLDHURST TR J H PREW I K L PREW JOHN I KAREN PREW 1§4§ WXLDHURST TR HOUND HN 55344 SR §7-117-23 24 §§45 01§§4 WILDIfURST TR F G JORGENSEN I R H ASHER F G JORGENSEN I R H ASHER 1§§4 WXLDHURST TR HOUND HN 55344 SR §7-117-23 24 §§44 §1§74 WXLDHURST TR XLONA J PETERSON KENNETH C PETERSON 14R2§ ISTH PL N PLYHOUTH HN 55447 f,* ( PROP ADOR OWNER NAHE TAXPAYER NAHE/ADDR TOTAL RATCH 5§5 §§§12 REQUEST FOR COUNCIL ACTION noMk'^ii *«cpt\ng MAR 2 5 2002 Ct IY <jr DATE: March 22.2002 ITEM NO.: Department Approval: Name Paul Weinberger Title Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: Zoning District: List of Eihibits #02-2746 Mark Finney 3210 North Shore Drive Variances LR-IB - Single Family Lakeshore Re;>idcntial District A Resolution B Final Site Plan C City Council Minutes (February’ 25, 2002) Application Council conceptually approved variances to permit residential additions, including an attached garage, and lakeside deck and screen porch. Variances are required to the following sections of the zoning ordinance. 1. Section 10.22. Subdivision 2 and Section 10.56. Subdivision 16 (L) (2). 75-250 Lot Area = 10.355 s.f. Existing Hardcover = 5,85 1 s.f. (56.5%) Proposed Hardcover = 3,888 s.f. (37.5%) Allowed Hardcover = 2,589 s.f (25%) 2. Section 10.24. Subdivision 5 (B) To pernnt an 7.4’ side setback for the residential addition. The existing house is set back 7.4' f rom the property line. The required setback is 10*. Staff Recommendation Staff has reviewed the most revised site plan dated 3-19-02 and has approved the site plan. The screen porch has been reduced in size to result in the total lot coverage by structure to be within the 15% allowed within the code. Planning Commission Recommendation Planning Commission voted 6 to 0 to recommend approval of the application. The conditions set forth by the Planning Commission have been met w ith the revised site , Ian. COUNCIL ACTION REQUESTED Motion to adopt the attached resolution approving variances to 75-250* hardcover and side setback. A RESOLUTION RENEWING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 2; SECTION 10.56, SUBDIVISION 16 (L); SECTION 10.24, SUBDIVISION 5 (B) FILE NO. 02-2746 WHEREAS, Mark Finney, (hereinafter “the applicant”) is owner of the properly located at 3210 North Shore Drive within the City of Orono (hereinafter "the City") and legally described as follows: Exhibit “A” attached, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied for variances to Municipal Zoning Code Section 10.22. Subdivision 2 and Section 10.56, Subdivision 16 (L) to permit additions to the existing residence, such construction and driveway constituting hardcover of 3.888 s.f. (37.5%) in the 75-250 ’ lakeshore setback where 5,851 s.f. (56.6%) exists ana 25% is allowed, and to Section 10.24, Subdivision 5 (B) to permit a residential addition to be setback 8’ from the side property line where 10’ is required; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a puHic hearing on February 19. 2002, at which time all persons desiring to be heard concerning t'*' plication were given the opportunity to speak thereon. Nv , THEREFORE, BE IT RESOLVED by the City Council of Orono. Minnesota: FINDINGS I. 0 This application was reviewed as Zoning File #02-2746. The property is located in the LR-IB, Single Family Lakeshore Residential Zoning District where 1 acre is the minimum lot size and 140 feet is the minimum lot width. The actual lot area is 20,783 s.f. (0.48 acre) and a lot width of 63’. 3.The Planning Commission reviewed the application for variances and recommended Page i of 6 approval by a vote of 6 to 0 based on the following findings and hardships: A. The proposed site plan has reduced hardcover in the 75-250' setback. D. The reduction of hardcover is due to a second driveway being removed and large portion of the e.xisting parking area being reduced. C. The proposed garage addition will replace an existing detached garage on the property. A new detached garage is proposed to be constructed at the rear of the property approximately 210' from the house. D. The existing house meets the required 75’ lakeshore setback and average lakeshore setback. E, G. The current house was constructed prior to adoption of the current zoning standards The house was constructed 8’ from the property line at the comer vhere the property addition will meet the existing house. The house is constructed on the lot closer to the property line on the north side, towards the lake. The addition thus moves further from the side property line as the addition moves further from the lake. 1 he 2' variance allows the garage addition to continue the line of the existing house while maximizing usable yard space east of the addition. The property is one of only a few residential lots in the City of Orono that is located adjacent to a B-2 (Commercial - Marina) zoning district. The proposed house additions will help to screen the marina use next door and protect the small amount of yard area located on the cast side of the house. The lot is a “back lot ”. Another residential lot is located between North Shore Drive and the property. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances will not adversely affect traffic conditions, light, air, nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 6 5.The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the abov e findings, the Orono City Council hereby grants renewal variances to Municipal Zoning Code Section 10.22. Subdivision 2 and Section 10.5o. Subdivision 16 (L) to permit additions to the existing residence, such construction constituting hardcover of 3.888 s.f. (37.5%) in the 75-250’ lakeshore setback where 5,851 s.f. (56.6%) exists and 25% is allowed, and to Section 10.24, Subdivision 5 (B) to permit a residential addition to be setback 8’ from the side property line where 10 ’ is required subject to the following conditions; 1. 3. 4. 5. 6. 'fhe property shall be developed in conformance with the site plan dated 2-4-02, and most revised on 3-19-02. The property owner shall grant a utility easement along the south property line for the sewer. The final size of the screen porch shall not exceed 350 s.f. Authorities granted by the variances run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit w ithin one year of the date of Council approval, or these variances will expire on that date (March 25, 2003). Violation of or non-compliance with any of the terms and conditions of the variances shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdeme.mor. The undersigned owners have read, understand and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Page 3 of 6 Adopt ?d by the City Council of the City of Orono, Minnesota at a regular meeting held on the 25th day of utarch, 2002. ATTEST; Linda S. Vee. City Clerk Barbara A. Peterson, Mayor Applicant(s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 25th day ot March, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation ••nd 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 , 200____by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of .20. personally appeared before me, who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation witness ,a credible and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this ___day of .20. personally appeared before me, _ who is personally known to me _ whose identity I proved on the basis of _whose identity I proved on the oath/affirmation witness credible 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 s of 6 Exhibit A t / Property Description rnol port of the »«l 57.3 feet of the eael ''’.O/,'f' Lake^ Minnetonka. Together .Hh or, ooeer,,ontfor fhot port of the west 10 to. <;outh line of the above described Page 6 of € lakb ihm *1 ,a' «l /%m% tc* fn*0l fMii*r»won» k . II*- PCi Sic o • iV/ >4WCC y oo*oo*oo'’ IT vmfeosuf . i*uk •.• 5 ^x:sr^Nt: HOUSE *••4 •««<• !•».<« «•«}' «\ •rVltOl*OSkD OAHAl^ *: M « 7v ^N<(» fftoroSED LARAGE ^ VHopnsro PuMtl ^■§ '3 -5 i». ,a«. 57.3 I—I M3 03 9%LL nf - rfiroii^h the f l eJ*nfft‘^ Pnri“ S//3 X %s »*»>« \ » > \ •• jm y *.» •«i i« *S lAljtlNC HAfiOCOVtR 0-/5 /0W£ H oU5*>0 SO f7 Cftrjgt 0 50 rr 0n*e/*lrQ^ei 0 50. fT 0 SO rf Ti*fol Ar^4.500 50. ff. tcfcent c/ Co^ef^e OOT rMPMirtC HAQOCOVtP 75-/f*0 /CnC Mouse 9/0 $0 fT. 442 SO TT 0i»M*/u/o*e*4.4J9 50 fr FmI ii/ HnrJcoter 5.851 SO n Total Areo IO.J55 SO rr Percent 09 Cfyaeraqa 56 5% c/i jTiNC HARO* Over 250 SOO ZONE Mows**0 SO f t Ou'oye a so n 0f*vf/C'*t¥ei ' » £0 ft Total tta*Jcover 1.167 50 n Toljl Atea syzo jQ n ferment ol Covero^e 19 7X fwrouo 9iARocoi£R n./^ /ota M«,*u5t*0 S»j. ft 0 s»> n ('rtvr/uo^0 so rr f-'tOl M«J/JCw'¥f*^0 Sc* n ff(0l A/fO 4.508 so rr ^•"rnf at Ccvf'Oje 0 03f ff'CVOSfO hah OC k ACR /5-r5U 2v»f4C M. is^o/Carage ?.04ti* so n O^<:9/Ry0K h 615 ,0 rr Dr 1 ne/Cf kVOi ^!.:»•*•/ so rr Tf tat Mo'.Vo*#**.1 88.*i rr fv »u/ A/eo 1ro.J55 sc rr f■•t^,rr\t }t .I/s:? P/?»»P0;;4P HARiKOiTR /50-300 /OVf Hv'u<e 0 wcr rr • •04 jge ns so rr CVi»* /0»r.oro 50 rr f.//8 so rr r«»fo^ Aft»j S.9.V 50 rr I'-r. -nl ol Cov»*4^Jq^*0 0? 1 9JI A,^, 20tst^ 50 rr r* t.i# Mo» it o»e*r.04*. so Ft f(j ,ii *'t.;5 Onfv) f> •••if *•»'• 9% 7o 9^9 4 I To 9:»9 4 ( , P&*i*r» eti^riv^to W*!_ 1 ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 25,2002 *4. iVOl-2706 Richard Stark, 815 Partenwood Road—^Variance Review—Resolution No. 4758 Sansevere moved, and Flint seconded, to adopt Resolution No. 4758 granting variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 to allow the remodeling and expansion of the existing residence to include a four stall garage, construction of a screen porch 38* from the 929.4 OHWL mark by adding 57 s.f. to a lakeside deck, and adding 140 s.f. to a lakeside deck located 33* from the 929.4 OHWL where 75* is required; a hardcover variance of 4,233 s.f. (15.0%) where 5,815 s.f. (20%) is existing and none is allowed. Vote: Ayes 4, Nays 0. *5. 01-2709 Richard and Anne Shull, 2285 French Creek Road—Variance- Resolution No. 4759 Sansevere moved, and Flint seconded, to adopt Resolution No. 4759 granting a variance to Municipal Zoning Code Section 10.56, Subdivision 16(C)(1) to permit structure within 150* of a Natural Environment Lake, Section 10.56, Subdivision 16(L)(1) to permit 3,830.25 s.f. (23.5%) of hardcover in the 0 - 75* setback area, and Section 10.56, Subdivision 16(C)(6) to permit the encroachment of 50* and 75* into the average lakeshore setback for construction of a three stall garage to the east end of the residence, a new entryway over existing steps and a cantilevered bay window. Vote: Ayes 4, Nays 0. *6. #01-2730 Ace Properties, 3375 Crystal Bay Road—^Variances—Resolution No. 4760 Sansevere moved, and Flint seconded, to adopt Resolution No. 4760 granting variances to Municipal Zoning Code Section 10.25, Subdivision 6(B) to permit construction of a new residence on a property with a lot size of 6,690 s.f. (.15 acre) where 21,780 s.f. (1/2 acre) is required, a lot width of 50* where 100* is required, to permit a 19* rear setback where 30* is required and a 9.7* side setback where a 10* setback is required; Section 10.22, Subdivisions 1 and 2 and Section 10.56, Subdivision 16(L) 1 and 2 to permit 748 s.f. (23.8%) hardcover in the 0 - 75* setback where no hardcover is allowed and 2,062 s.f. (53.4%) hardcover In the 75 - 250* setback where 934 s.f. (25%) is allowed. V'ote: Ayes 4, Nays 0. 7. #02-2746 Mark Finney, 3210 North Shore Drive—Variances Mark Finney was present. Weinberger stated that the property in question functions as a back lot. The Planning Commission recommended ^proval of the plan with the condition that the addition be ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 25,2002 7. §02-2746 Mark Finney, 3210 North Shore Drive—Variances—Continued shifted to be flush with the existing house line. They also recommended a proposed garage be reduced in size. Mr. Finney agreed to that and reduced the size in order to only require a 10’ setback. The flnal survey work on the revised plans was not yet in. In order to shift the addition and preserve yard space on the other side of the house, they made the addition longer and narrower, so that overall, it is the same size as the addition the Planning Commission reviewed. In addition to that, there is a proposed ground level deck and enclosed screen porch to be constructed on the front side of the house. They wish to increase the screen porch so that it can be accessed directly from the house. Hardcover would be reduced substantially, but would still be over the 25% allowed hardcover. Even with the addition shifted to match the current house line, there is a variance required for the side setback because the addition would sit 8’ from the side yard setback. The final survey work is needed to locate a sewer line to make sure the proposed garage not be located over the sewer line. If it is not, then a utility easement would be required over the area of the sewer line. Most of the conditions made by the Planning Commission have already been met by the applicant’s revised plans. Weinberger stated the staff would be comfortable recommending approval subject to the final survey work and locating the sewer lines. Mr. Finney stated he would do whatever it takes to meet the City’s requirements. Sansevere and Nygard stated they supported staff s recommendation. Moorse clarified that the screened porch would be fine as long as it stays under the 15% structural coverage maximum. Flint moved, and Mayor Peterson seconded, to approve the application subject to the final survey being completed, the sewer being located, and subject to the final resolution being drafted. Vote: Ayes 4, Nays 0. 8. #02>2747 Tonka Ventures, 3749 Livingston Avenue—Easement Vacation— Resolution No. 4761 John Gleason with Hillcrest Northwest Townhomes was present. He stated he was the builder, not the developer, with the project. Flint stated he removed it from the consent agenda because of the neighbor’s concern over tree removal and replacement, and erosion that was depositing material on adjacent lots. Mr. Gleason stated that they need to follow an approved building plan, and until the last Application Date: 2/19/02 Completion Date: 2/19/02 60 Day Deadline: 4/20/02 Department Approval: Name Wendy Bottenberg Title Zoning Adminstrator/Planner t»ircTING M4R 2 5 2002 Cl 11 Or unuivU REQUEST FOR COUNCIL ACTION DATE: 3,'22/02 ITEM NO.: ^ Agenda Section: Zoning Item Description: W)2-2756 David & Jodi Dalvey 1520 Bohns Point Road Conditional Use Pennit Zoning District: Lot Area: LR-IB 36,753 s.f. One Family Lakeshore Residential District (I acre) (.84 acres) List of Exhibits: A Resolution B Staff Report and Exhibits of 3/18/2002 Application Summary; The applicants have applied for a conditional use permit to allow plumbing in an accessory building. The accessory building will be used as an “art studio and gym.*’ It will be located on the upper level of the detached garage. The art studio and gym will be used tor personal use and will include a bathroom with sink, toilet and shower. The detached garage is on the rear of the property. The property is located in the LR-1B zoning district. The City of Orono allows for the provision of plumbing in accessory' buildings that includes a toilet, shower or bathtub. The accessory ’ building is required to be conforming in location, size, and height. The accessory building (detached garage) does conform to location, size, and height requirements set by code. In October 2001, the applicants applied for and were approved for lot width and accessory building without principal structure variances to construct a new residence on the property. The e.\isting house was demolished and a new' residence and detached garage are currently under construction. Before a permit was issued setback, hardcover, height and lot coverage by structures was reviewed for conformity. The detached garage was designed to have a gym, art studio and bathroom above it. \\Tien the variances were approved the owner stated the bathroom would be roughed in at construction time and at a later date if/when they wished to put it in, a conditional use permit would be applied for. 1. Section 10.03, Subdivision 9(F): Accessory Building-Plumbing: Installation ofany combination of fixtures requiring wastewater plumbing that includes a toilet, shower or bathtub shall be allow ed only in an accessory building that is conforming in location, size and height. Planning Commission: The Planning Commission recommended by a 7 to 0 vote to: Approve the application as presented. STAFF RECOMMENDATION: To approve the enclosed resolution. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03. SUBDIVISION 9 (F) FILE NO. 02-2756 WHEREAS, David F. Dalvey and Jodi A. Dalvey, husband and wife, (hereinafter "the applicants") are the owners of the property located at 1520 Bohns Point Road within the City of Orono (hereinafter "the City") and legally described as follows: That part of Government Lot 1, Section 9-117-23 described as follows: Commencing at a point on the West line of said Section 9, 400 feet north from the Southwest comer of said Section; thence north along said West line of said Section 100 feet; thence East parallel with the South line of said Section tot he shore of Lake Minnetonka; thence southerly along said shoreline 105.62 feet; thence west on a line parallel with the South line of said Section 9 to the point of beginning, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have made application to the City of Orono to permit a “Plumbing in Accessory Smicture - Conditional Use Permit" to allow a toilet, sink and shower to be installed into an accessory structure. WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on March 18,2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW* THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. 2. This application was reviewed as Zoning File #02-2756, This property is located in the LR-IB Zoning District where 43,560 s.f or 1 acre is the minimum required lot area. The property consists of approximately 36,753 s.f. Page 1 of 4 L or .84 acres. 3.The Orono Planning Commission reviewed this application on March 1 8,2002 and recommended approval by a vole of 7 to 0 of a conditional use permit for plumbing in an accessory structure to allow for a toilet, sink and shower based on the following findings: A. The proposed use of the accessory structure with plumbing will not be detrimental to the residential character of the neighborhood. B The plumbing fixtures proposed are in keeping with the intended use of the accessor>’ structure. C. The property ’ location, size, and height meet minimum requirements to allow a conditional use permit to be granted. 5.The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed 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 to allow plumbing in an accessory structure to include a toilet, sink and a shower, subject to the following conditions: 1. The property owner agrees to the filing of a covenant in the title of the property providing the following: A. The accessory building will not be used for a home occupation unless specifically approved by the City or if allowed by City Code, B The accessory building will not be used as a dwelling unless a guest bouse conditional use permit is obtained. Page 2 of 4 2. 3. 4. 5. C.The accessory building will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval or the special conditions of this resolution will expire on that date (March 25,2003). The City Council finds that granting a conditional use permit to allow plumbing in an accessory structure, to include one toilet, one sink, and one shower, will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties; nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Cham of Title of the property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 2Sth day of March, 2002. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner (s) Page 3 of 4 . ■! STATE OF MINNES FA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 25th day of March, 2002 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ss. ) On this day of 2002, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instruni.'nt. and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this__________day of____2002, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 4 of 4 CITY OF ORONO COVENANT FOR LIMITED WASTEWATER PLUMBING IN AN ACCESSORY BUILDING THIS COVENANT, made and entered into this day of , 2002, by David F. Dalvey and Jodi A. Dalvey (husband and wife). (hereinafter referred to as "Applicants") and the City of Orono, a Minnesota municipal corporation (hereinafter referred to as the "City"). WITNESSETH: WHEREAS, Applicants have made application to the City for the installation of limited wastewrater plumbing in an accessory building on property in Hennepin County, State of Minnesota, legally described as: That part of Government Lot 1, Section 9-117-23 described as follows: Commencing at a point on the West line of said Section 9, 400 feet north from the Southwest comer of said Section; thence north along said West line of said Section 100 feet; thence East parallel with the South line of said Section tot he shore of Lake Minnetonka; thence southerly along said shoreline 105.62 feet; thence west on a line parallel with the South line of said Section 9 to the point of beginning, Hennepin County, Minnesota (hereinafter referred to as "Subject Property"); and WHEREAS, 'limited wastewater plumbing' for purposes of this Covenant shall include all interior wastewater piping and fi.xtures; and WHEREAS, City staff have reviewed Applicants' application and have found that the building proposed for the installation of limited wastewater plumbing has met the standards established within Section 10.03, Subdivision 9(F) of the Orono Municipal Code to allow installation of limited wastewater plumbing; and WHEREAS, Applicants arc aware that according to Section 10.03, Subdivision 9(F), specific conditions exist under which limited wastewater plumbing may be allowed within an accessory building; and WHEREAS, Section 10.03, Subdivision 9(F) allows issuance of a permit for installation of limited wastewater plumbing in an accessory building conditioned upon the execution of this Covenant and its filing in Applicant's chain of title; and WHEREAS, in order to identify all parties within an interest in the subject property, the Applicants are required to provide title information to City staff as requested. All parties with an interest in this property shall sign this covenant. NOW, THEREFORE, THE PARTIES TO THIS COVENANT AGREE TO THE Page 1 of 4 FOLLOWING: 1.Applicants' request for installation of limited wastewater plumbing within the accessory building to include one toilet, one sink and one shower on the Subject Property is approved conditioned upon the execution of this Covenant by the City and the Applicants. 2.The following conditions shall control the installation and use of the limited wastewater plumbing: The accessory building shall not be used for a home occupation unless specifically approved by the City or if allowed by City code. B) The accessory building will not be used as a dwelling unless a Guest House conditional use permit is obtained from the City. The accessory building will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. 3.This Covenant shall be binding upon cunent and future owners of Subject Property, and shall be filed within the chain of title of the Subject Property. 4.Fee owner(s) of the Subject Property, if not the Applicants, consent to the execution of this Covenant and to its terms, as shown by their signatures upon this document. CITY OF ORONO: By:. Its Mayor By: Its City Clerk ACKNOWLEDGEMENT STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Page 2 of 4 The foregoing instrument was acknowledged before me this ____________.20___^.by__________________________ the day of __and and of the City of Orono on behalf of the municipal corporation. Notary Public APPLICANT(S): By:. By: ACKNOWLEDGEMENT (APPLICANTS) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ,20 .by _______ day of and as their free act and deed/on behalf of the corporation. (husband and wife/single/a Minnesota Corporation) Notary Public FEE OWNER(S): By:. By:. Pjtge 3 of 4 II niimwiiiiftiniiTirtniai-nimWlhMam ACKNOWLEDGEMENT (FEE OWNERS) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this . 20___. by day of and (husband and wife) as their free act and deed. Notary Public Page 4 of 4 / TO: Chair Hawn and Orono Planning Contmission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg, Assistant Zoning Administrator/Planner DATE: March 14,2002 SUBJECT:#02-2756 David & Jodi Dalvey 1520 Bohns Point Road Conditional Use Permit — Public Hearing LR-IB One Family Lakeshore Residential District (I acre) 36,753 s.f. ( .84 acre) Zoning District: Lot Area: List of Exhibits A Application B Elevations/Floor Plan C Photo of Property D Property Owner’s List E Sample Restrictive Covenant Pertinent Code Section: 1. Section 10.03, Subd. 9 (F): Accessory Buildings-Plumbing: Installation of any combination of fi.\tures requiring wastewater plumbing that includes a toilet, shower or bathtub shall be allowed only in an accessory building that is conforming in location, size and height. Application Summary: The applicants have applied for a conditional use permit to allow plumbing in an accessory building. The accessory building will be used as an "art studio and gym". It will be located on the upper level of the detached garage. The art studio and gym will be used for personal use and will include a bath room with sink, toilet and shower. The detached garage is on the rear of the property. The property is located in the LR-IB zoning district. The City of Orono allows for the provision of plumbing in accessory buildings that includes a toilet, shower or bathtub. The accessory building is required to be conforming in location, size, and height. The accessory building (detached garage) does conform to location, size and height requirements set by code. In October 2001, the applicants applied for and were approved for lot width and accessory building without principal structure variances to construct a new residence on the property. The existing house was demolished and a new residence a.^'d detached garage are currently under construction. Before a permit was issued setback, hardcover, height and lot coverage by structures was reviewed for conformity. The detached garage was designed to have a gym, art studio and bathroom above it. When the variances were approved the owner stated the bathroom would be roughed in at construction time and at a later date if/when they wished to put it in, a cond tional use permit would be applied for. The subject property is on Lake Minnetonka and is sewered. #02-2756 David A Jodi Dalvey 1520 Bohns Point Road Conditional Use Permit 3/14/2002 Page I Items for Dbcussion: 1. Does Planning Commission And that the proposed use will not be detrimental to the neighborhood? 2. Does Planning Commission find that the proposed fixtures are in keeping with the intended use as an art studio? 3. Does the property owner confirm acceptance of the restrictive covenant being placed on the chain of title placing conditions on the accessory building? (See Exhibit E, which contains the standard limitations for such use on page 2). Staff Recommendation: Staff recommends approval for a Conditional Use Permit for plumbing in an accessory building for property located at 1520 Bohns Point Road based on the strucmre meets the requirements established by the Municipal Code for an “accessory structure with plumbing” CUP subject to the following condition: The property owner files the appropriate restrictive covenant on the property for an accessory building with plumbing. #02-2756 David & Jodi Dalvey 1320 Bohns Point Road Conditional Use Pennit 3/14/2002 Page 2 • • • A ^pficatioii U Q2.’‘27^(fi Date Received Amount Paid ^'7<.00 CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION____________folui— Type of Application to be Filed t?S^ Property Identification Number (P.I.D.) APPLICANTNr«'^Nit>4:gbx Zip gg Phone (home l ^7i<l772>. Address F^t^lT City <00^0 UHl. oiVNER (if different than applicant) Phone (home). Name.__________________________________ Phone (work)_ Address City Zip. Date Property Acouired'^CS^^V^^ I (do -Y^o not)^lso own the adjacent parcels of land. (month/year) FEES - CONDITIONAL USE PERNDTS - S 75.00 For each variance request with CUP application $175.00 Residential Accessory Use _____$250.00 Institutional (church, school, etc.) _____$225.00 Guest House/Guest Apartments _____$200.00 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 Cunent Application Fee OTHER APPLICATIONS _____ $275.00 Commercial Site Plan Revie (+ consultant fees) _____5300.00 Vacation _____$200.00 Easement Vacation _____5100.00 Easement Vacation With Subdivision _____5350.00. Rezoning (PUD - refer to fee schedule) _____$375.00 Comprehensive Plan Amendment ______5100.00 App^s Other - see Fee Schedule fi *‘^4 ) ) X X WM ♦/ r- ? : " i * ? -f b>. r'a*. V/4:3 . - I r^ ' ' Li c f-y.K itc:) '. > * "irf/ M.^ - /*• i * .-* .'•5;' . » Vv II X- < •53V ■■*'^<^0' ■ ■»■••',>' *^^4='tv... \ ► / 1 ^ ■- -»<r o^_J * --v ►'•'I ••%•*• • ■•h «M OATC tt/W/tZ UTM SIS . PiW ABM MNIt NAM TAXPAVBI NAM/ADM SB iB-ll7-2S 44 MU •SMS BOHNS rOlNT LA N S V SMSATT worn L SMATT C/0 LOHIV HILL M 7TN ST S BSSM ITLS HN 5S4I2 OHNM NAM TAXfAVtH NANB/ADM SB M-117-2S SS IMS •1421 BOHNS POINT BO N S V NAOfMB NAMXCI J NAOENER 1421 BOHNS POINT BO NAVZATA NN 55S41 PROP ABM OMNER NAM TAXPAYER NANE/ABM SB M-117-2S SS MM •1S2I BOHNS POINT BD J A DALVEY SOP OALVEY OAVXD A S JOB! f DALVEY 1S2I BOHNS POINT BB MAYZATA m sssn PROP ABM OMMR NAM TAXPAYER TOTAL BATCH NAM/ABM •• HEtlNEPlN COUNTY PROPERTY INPORNATXtXi SYSTEN PROPERTY OHNEBS LIST SIS HIM T-:-y /f% SB M«117-2S 44 1114 •ISSS BOHNS POINT BD BICHARB A BORN RICHARD A BORN 1SS5 BOHNS POINT BO OBONO HN sssn SB M-117-2S SS IM4 •14BI BOHNS POINT RO CHLOE HELD HMAN CHLOE HELD HMAN 14BI BOHNS POINT RB VAYZATA HN S5S41 SB M-117-2S SS IM7 •1S4I BOHNS POINT RD HARY JAM HAUSER NARY JANE HAUSER 1541 BOHNS POINT Ml VAYZATA HN 55Sn BEPOBT NO. PX4S54I1 PAM . 4 SB M-117-2S 44 MU IU45 BOHNS POINT RD RICK BORN RXCX BORN 1545 BOHNS POINT RD VAYZATA HN 55S41 U 14-117*25 55 IMB I15M BOHM POINT BB BARBARA B JOHNSON TRUSTEE EUQEM A BARBARA JOHNSON* 1511 BOHNS point RB VAYZATA HN 55S41 SB I4-117-2S SS IMB •1511 BOHNS POINT BB B L BOVICK A C J BOVICX BOOER L BOVICK 15M BOHNS POINT RB VAYZATA HN 55541 1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORHATION AS XT APPEARS THIS BATE ON THE RECORDS OF TM HENMPIN COUNTY DEPARTNENT OF PROPERTY TAXATION, TO TM BEST OF NY KN0VLED6E AND BELIEF. _ . ^ DATi^ f J. ‘ k CITY OF ORONO COVENANT FOR LIMITED WASTEWATER PLUMBING IN AN ACCESSORY BUILDING THIS COVENANT, made and entered into this day of 19__, by David Dalvey and Jodi Dalvey (husband and wife). (hereinafter referred to as "Applicants") and the City of Orono, a Miiuiesota municipal corporation (hereinafter referred to as the "City"). WITNESSETH: WHEREAS, Applicants have made application to the City for the installation of limited wastewater plumbing in an accessory building on property in Heiuiepin County, State of Minnesota, legally described as: That part of Government Lot 1, Section 9-117-23 described as follows: Commencing at a point on the West line of said Section 9, 400 feet north from the Southwest comer of said Section; thence north along said West line of said Section 100 feet; thence East parallel with the South line of said Section to the shore of Lake Miiuietonka; thence southerly along said shoreline 105.62 feet; thence west on a line parallel with the South line of said Section 9 to the point of beginning, Hennepin County, Minnesota (hereinafter referred to as "Subject Property"); and (hereinafter referred to as "Subject Property"); and WHEREAS, 'limited wastewater plumbing' for purposes of this Covenant shall include all interior wastewater piping and fixtures; and WHEREAS, City staff have reviewed Applicants' application and have found that the building proposed for the installation of limited wastewater plumbing has met the standards established within Section 10.03, Subdivision 9 (F) of the Orono Municipal Code to allow installation of limited wastewater plumbing; and WHEREAS, Applicants are aware that according to Section 10.03, Subdivision ^ (F)(3)(B), specific conditions exist under which limited wastewater plumbing may be allowed within an accessory building; and WHEREAS, Section 10.03, Subdivision 9 (F)(3XB) allows issuance of a permit for installation of limited wastewater plumbing in an accessory building conditioned upon the e.xecution of this Covenant and its filing in Applicant ’s chain of title; and WHEREAS, in order to identify all parties within an interest in the subject property, the Applicants are required to provide title information to City staff as requested. All parties with an interest in this property shall sign this covenant. Page 1 of 4 NOW, THEREFORE, THE PARTIES TO THIS COVENANT AGREE TO THE FOLLOWING: 1. 2. 3. 4. Applicants' request for installation of limited wastewater plumbing within the accessory building to include one toilet, one sink and one shower on the Subject Property is approved conditioned upon the execution of this Covenant by the City and the Applicants. The following conditions shall control the installation and use of the limited wastewater plumbing: The accessory building shall not be used for a home occupation unless specifically approved by the City or if allowed by City code. The accessory building will not be used as a dwelling unless a Guest House conditional use permit is obtained from the City. The accessory building wrill not be rented, leased or otherwise provided for use as a dwelling under any circumstances. This Covenant shall be binding upon current and future owners of Subject Property, and shall be filed within the chain of title of the Subject Property. Fee owner(s) of the Subject Property, if not the Applicants, consent to the execution of this Covenant and to its terms, as shown by their signatures upon this document. Page 2 of 4 i 1 CITY OF ORONO: By:. Its Mayor By:. Its City Clerk ACKNOWLEDGEMENT STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___________________. 20 ___, by_________________________ day of __and and of the City of Orono on behalf of the municipal corporation. Notary Public APPLICANT(S); By:. By:. ACKNOWLEDGEMENT (APPLICANTS) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _______________ . 19___. by day of and as their free act and deed/on behalf of the corporation. (husband and wife/single/a Minnesota Corporation) Notary Public Page 3 of 4 Ii FEE OWNER(S): By:. By:. ACKNOWLEDGEMENT (FEE OWNERS) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ______________________» 20___, by _______________________ day of and (husband and wife) as their free act and deed. Notary Public Page 4 of 4 d Complete Date: 60 Day Deadline: 2/1/02 4/2/02 Pr*i MAR 2 5 2002 Cilf u»- UnuNU REQUEST FOR COUNCIL ACTION DATE: March 20.2002 ITEM NO.: ^ Department Approval: Name Paul Weinberger Title Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description:#02-2757 Terrance C. Johnson 1045 Linden Lane Renewal of Variances Zoning District:LR-IB • Single Family Lakeshore Residential District List of Exhibits A Resolution Approving Renewal B Resolution No. 3 1 86 - Including Approved Site Plan C Planning Report Application The property owners have applied for a variance renewal application to renew variances originally approved in 1992. The variances approved additions to the e.xisting residence and adding 3 to 4 courses of block under the e.xisting house to raise the ceiling height of the walkout level of the house. The approval was required to permit expansion of the existing house located within the 75* lakeshore setback. A variance to hardcover in the 75-250’ setback was required to pennit the following improvements to the property: I. 2. 3. 4. 5. 6. 7. Addition of second story over house. Addition of attached garage and second story rec room. Addition to east side of existing house. Replacement of existing decks, addition of deck adjacent to rec room and master suite. Construction of open porch/portico over existing deck on lakeside, extend existing deck along house 10*. Removal of existing detached garage and gravel parking area. Construction of a new driveway. Property owner has stated he was advised by the City that the application would not require yearly renewals. The variances expired one year from the date of approval, October 12, 1993. The intent is to complete the additions in stages with the raising of the house to occur first. #02-2757 Terrance C. Johnson 1043 Linden Lane Page 2 of2 _______________ Site Plan Issues The primary issues as noted in 1992 were potential drainage problems that may occur due to the Increased hardcover in the 75-250 ’ setback. Secondly the increased length and steepness of the driveway could create some runoff and access problems for the property. The approved plan shows a proposed driveway that would average a 12% slope. The City does not have a standard slope for a driveway, out generally a driveway sloping 10% or less is recommended. Review of Hardcover The previous approval allowed hardcover in the 0-75 ’ zone of 7.2%, where 8.9% exists. In the 75-250 ’ zone, hardcover will increase from 22.1% to 40.5% where 25% is allowed. In the 250- 500’ zone hardcover reduces from 76.1% to 23.3% where 30% is allowed. The balance of hardcover moving closer to the house is due to the driveway extension and construction of a garage attached to the house. Except for the driveway, all parking areas and the detached garage located near the street would be removed. In 1992 the Planning Commission voted 4 to 3 to recommend approval of the application. The primary concerns were the length of the driveway, potential drainage problems, steep driveway, and amount of hardcover in the 75-250 ’ zone. Council adopted Resolution No. 3186 by a vote of 3 to I approving variances. The resolution included language that allows the City Engineer to monitor the drainage situation on the property. Planning Commissiop Recommendation The variance renewal application was recommended for approval by a vote of 6 to I. The primary concerns the Planning Commission addressed were drainage and the condition of the building foundation. The approval of the variances was based on the information the Planning Commission received that the foundation was in good condition and would not need replacement. The applicant was notified that any structural work to the foundation would require a new variance application for new construction. Staff Rccummendation Stafll'recommends approval of the application subject to the following conditions: 1 . The site plan shall be in conformance with the site plan approved with Resolution No. 3186. 2. The City Engineer resenes the right to monitor the drainage situation on the property. The City may require modifications to the site that will protect the applicant’s property and surrounding properties. 3. Any replacement to the existing foundation beyond the approvals granted in 1992 shall require a new variance application. r ___________-lit______ f;:H.;.vV .-.V‘^.‘^^=‘ \ \ W / \» ‘ ' \ CfNTVICATt O# fUNVIY FOU TERRANCE C. JOHNSON 6—Atkfei.. Om/L.S____ -----.fc*//.r . 2feC 312 aX syc-i .t.iJ•11iHtfMtMM COUNTY.rtOTA M lOTl A i. i «. njNOCN MACM* AMO tOT 4. tiOC« i TONCS tV amC \ Ok \ \ \ \ \ \ \ A RESOLUTION RENEWING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2; SECTION 10.55, SUBDIVISION 8; AND SECTION 10.50, SUBDIVISION 16 (L) FILE NO. 02-2757 WHEREAS, Terry Johnson and Jonell Jahnson, (hereinafter "the applicants") are owners of the property located at 1045 Linden Lane within the City of Orono (hereinafter "the City") and legally described as follows: Exhibit “A” attached, Hennepin County, Minnesota (hereinafter "the property"): and WHEREAS, the applicants have applied for renewal of variances approved per Orono Resolution No. 3186 for variances to Municipal Zoning Code Section 1U.22, Subdivisions 1 and 2; Section 10.55, Subdivision 8; and Section 10.56, Subdivision 16 (L) to permit the construction of additions to the existing residence and an attached garage, such construction constituting hardcover of 812 s.f. (7.2%) in the 0-75’ lakeshore setback where 0% is allowed and 5,451 s.f. (40.5%) in the 75-250’ lakeshore setback where 25% is allowed; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on March 18,2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota; NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono FINDINGS 1. This application was reviewed as Zoning File #02-2757. 2. The property is located in the LR-1B, Single Family Lakeshore Residential Zoning District where 1 acre is the minimum lot size and 140 feet is the minimum lot width. Page i of 6 1 J 3. 4. 5. The Planning Commission reviewed the application for variances and recommended approval by a vote of 6 to 1 based on the following findings and hardships: A. The findings noted within Resolution No. 3 186 are still valid. B. There have been no Zoning Code rev isions that have changed regulations as they apply to the project as presented. C. The property owners have stated they plan to complete the project in stages. Any permits being applied for following one year would require a new variance application. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances will not adversely affect traffic conditions, light, air, nor pose a fire hazard or other danger to neighboring property; would not merely ser\ e as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants renewal variances to Municipal Zoning Code Section 10.22, Subdivisions I and 2; Section 10.55, Subdivision 8; and Section 10.56, Subdivision 16 (L) to permit the construction of additions to the existing residence and an attached garage, such construction constituting hardcover of 812 s.f. (7.2%) in the 0-75 ’ lakeshore setback where 0% is allowed and 5,451 s.f. (40.5%) in the 75-250 ’ lakeshore setback where 25% is allowed subject to the following conditions: 1.The property shall be developed in conformance with the site plan as approved per Resolution No. 3186. Page 2 of 6 2. 3. 4. 5. 6. 7. Hardcover is approved at a level of 7.2% in the 0-75’ setback, 40.5% in the 75- 250’ setback, and 23.3% in the 250-500’ setback. The City Engineer reserves the right to monitor the drainage situation on the the property. The City may require modifications to the site plan from time to time to protect the applicant ’s property and adjacent properties. Any replacement to the existing foundation beyond the approvals granted in 1992 shall require a new variance application. Authorities granted by the variances run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (March 25,2003). Violation of or non-compliance with any of the terms and conditions of the variances shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned owners have read, understand and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 25th day of March, 2002. ATTEST; Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Applicants Page 3 of c r L STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 25th day of March, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN day ofThe foregoing instrument was acknowledged before me on this _______ , 200____by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary' Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of ,20 personally appeared before me, who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation witness ,a credible 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 4 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of ,20. personally appeared before me, who is personally known to me whose identity 1 proved on the basis of whose identity I proved on the oath/afTirmation witness .a credible 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 s of 6 -... EXHIBIT A LECAL DESCRtPriO:: Lots 4 and 5; and that part of Lot 12, described as fellows: Beginning at the Northwest corner of Lot 12; thence East along the North line of said Lot*12 a distance of 165 feet to a point of intersection with a straight line drawn from a point on the South line of Lot 10, 84 feet East along said South line from the Southwest corner of said Lot 10; thence Southerly along this last described line a distance of 52 feet; thence West par allel with the North line of Lot 12 along a line hereinafter referred to as Line “A** to a point on the West line of said Lot 12; thence Northwesterly along said West line of Lot 12 to the place of beginning, including that part of Northeasterly 1/2 of Linden Lane, vacated lying betweeh the extensions westward of the North line of said Lot 12 ar.d of the line above described and designated as Line **A~. That part of the Southwesterly half of vacated Linden «Lanc lying between the extensions across it of the North line of said Lot 4 and the''South line of said Lot 5; all in "Lin den Beach", according to the plat thereof on file or of record in the Office of the Reg ister of Deeds in and for said County. Lot 4, Block 1, Forest Lake Park, according to the plat thereof on file or of record in the Office of the Register of Deeds in and for said County. •! . e Page 6 of 6 tin liBi n t ■mmrr-an I CITY of ORONO RESOLUTION OF. THE CITY COUNCIL NO. 3186________ A RBSOLOTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.22, SUBDIVISIONS 1 AND 2? 10.55, SUBDIVISION 8; AND 10.56, SUBDIVISION 16 (L) PILE #1621 WHEREAS, Terry and Jonell Johnson (hereinafter "the applicants") are owners of the property located at 1045 Linden Lane within the City of Orono (hereinafter "City") and legally described as follows: Exhibit "A" attached (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2; 10.55, Subdivision 8; and 10.56, Subdivision 16 (L) to permit the construction of additions to the existing residence and an attached garage, such construction constituting hardcover in the 0-75 zone where no hardcover is allowed# hardcover in excess of the 25% normally allowed in the 75-250' zone, and structural encroachment into the u- 75' lalceshore setbac)c where no structure or hardcover is normally allowed. Minnesota: MOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. 2. This application was reviewed as Zoning File #1621. The property is located in the LR-lB Single Family Lalceshore Residential Zoning District. 3.The Orono Planning Commission originally reviewed this application on February 19, 1991 and voted 6-0 to table, advising applicants to submit a revised proposal excluding any additions in the 0-75* zone which are not above the existing house footprint and minimize hardcover to the greatest extent possible. The applicants . revised proposal which was reviewed by the Planning Commission on March 18 and 20, 1991. The application was Page 1 of 8 GlTYof ORONO L % EJI^tBtr £•RESOLUTION OF THE CITY COUNCIL NO. 3186________ 5. aaain tabled on a vote of 4-0, with applicants being directed to provide a grading and drainage plan to confirm that runoff can be directed so as to not affect applicants proposed improvements nor neighboring properties. A revised proposal (Plan D) was submitted and reviewed by Jhrpiannin^g Co».lsslon at their September 21, 1992 meetih|. Plan D included porch and deck additions setback zone, addition of a second story above the existing house, addition of a two story attached garage and rec room with deck in the 75-250' zone, and construction of a ne driveway leading from the street to the The existing detached garage and parking area near the road ar© proposed to be removed. on a vote of 4 in favor, 3 against. Planning Commission recommended approval of the hardcover and setback variances necessary for construction of Plan D, based upon the following findings: a)Location of the existing garage is impractical for a residential home, requiring homeowner to walk approximately 175' from the garage to the residence. have no control. hardcover decrease in the 0-75 zone. The City Council has considered this application including the findings and recommendations of the Planning Commission, reoorts by City staff, comments by the applicants and the effect of^he proposed variance on the health, safety and • welfare of the community. Page 2 of 8 »( • J-fc* T • V •, GITYofORONO RESOLUTION OF THE CITY COUNCIL NO. 3186_________ 6r====i®!|i^^ity 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 Plan of the City. COMCLOSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2; 10.55, Subdivision 8; and 10.56, Subdivision 16 (L), to permit the construction of additions to the existing residence which result in hardcover in the 0-75' lakeshore setback zone of 7.2% where no hardcover is normally allowed, 40.5% hardcover in 75-250* setback zone where only 25% hardcover is normally allowed, and structural encroachment in the 0-75 ’ zone yielding a structure setback of 60' from the shoreline where a 75' setback is normally required and no structure is normally allowed, subject to the following conditions: 1.Applicant shall adhere to the "Plan D" grading plan (Exhibit ■B" attached) and shall adhere to any modifications of the Plan as recommended by the City Engineer now or in the future to prevent or eliminate erosion problems. 2.Hardcover in the 0-75' zone is approved at a level of 7.2%. Hardcover in the 75-250' zone is approved at a level of 40.5%. Hardcover in the 250-500' zone is approved at 23.3%. All existing and proposed hardcover approved with this variance approval is recorded in the calculation worksheet and diagram included in Exhibit "B". The current property owner and all future owners of this property are placed on notice that hardcover shall not be increased above the currently approved level and any proposed improvements of this property that will result in additional hardcover must be approved by the City. Such approval may result in a requirement for concurrent equivalent or greater removal of existing hardcover. All existing hardcover scheduled for Page 3 of 8 ■ ■..I ,>.1 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3186 3. 4. 5. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (October 12, 1993)* Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. October, Adopted by the Orono City Council on this 12th day of 1992. allln,' City Clerk J. Oi^nn Coettenv-ACting «ting Mayor Owner (sT Page 4 of 6 ^1 nri a —tritwii r r* -i CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. 3186________ STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) 'isL ) ss. On this day of /V 0 Ij 199 2 instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. EXHIBIT A RESOLUTION NO. 3186 LEGAL DESCP-IPTIOJ! Lots 4 and 5; and that part of Lot 12, described as fellows: Beginning at the Northwest corner of Lot 12; thence East along the North line of said Lot 12 a distance of 185 feet to a point of intersection with a straight line drawn from a point on the South line of Lot 10, 84 feet East along said South line from the Southwest corner of said Lot 10; thence Southerly along this last described line a distance of 52 feet; thence West par allel with the North line of Lot 12 along a line hereinafter referred to as Line "A“ to a point on the West line of said Lot 12; thence Northwesterly along said West line of Lot 12 to the place of beginning, including that part of Northeasterly 1/2 of Linden I,ane, vacated lying betweeft the extensions westward of the North line of said Lot 12 and of the line above described and designated as Line “A". ^ That part of the Southwesterly half of vacated Linden 'Lane lying between the extensions across it of the North line of said Lot 4 and the ^outh line of said Lot 5; all in "Lin den Beach", according to the plat thereof on file or of record in the Office of the Reg ister of Deeds in and for said County. Lot 4, Block 1, Forest Lake Park, according to the plat thereof on file or of record in the Office of the Register of Deeds in and for said County. p- - 9*» •« I A*. m**^*9 1 M K m '\ r'' V >. ";•«•• -\ ^ mmm \ tV ^• X iAtfi MiHAfgrstt f ^0Mtir A4«#j \ I.. k noi^ /•## m #v ‘ jj|po*4n)I • • A«r»fc>a •• 0-'>5* '9S-1XD* A;ino' . ,___:a ^_. ..I___Jui: r.'s A / / ------------------------------C%uif^\ . K s««to i.i*4A_________4'4,........................................................ -. ^ ^oZU______^UOjk_____________________________ S —AikAL«ft*/fl ________Ifi______________^________~ .* •« ••* •• • -V • , Av'.^ns r \ I H aoomcl f0 tr tauttvro *. ..C,* 0««^- ___st..4«i^f.y /• >17.1 •/toO — ____________ —j6—<f Ayt.t ________________,1^____ ;¥/s ..nx II*. CCATVieATI O# tURVIV rCM % TERRANCE C. JOHNSON HilOTtA lAtf.tiiiOCNttAOrAMOiOr 4.KOCK L ^OMST UMtlRAM \ Ok \ \ $iz %X gyrimt V' ________<- v^Mn C \ MMMtnneauNrv.ison \ \ \ N \ \ . M iV litiltliii •iiiiiihtttifirfTiin % TO:Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Paul Weinberger. Zoning Administrator DATE:March 12. 2002 SIBJECT:«02-2757 Terrance C. Johnson 1045 Linden Lane Variance Renewal List of Exhibits: A B C D E F G Application Resolution 3186 - Including Approved Site Plan (Variance Approval of 10'12/'92) City Council Minutes (10/12/92) Plat Map Property Photo Approved Elevations Property Owners Notification List Application Property owner has applied to renew variances approved in 1992. The original approvals were to permit additions to the existing residence and adding 3 to 4 courses of block under the existing house to raise the ceiling height of the walkout level of the house. The residential additions included in the original application are as follows; 1. 2. 3. 4. 5. 6. 7. Addition of second story over house. Addition of attached garage and second story rec room. Addition to east side of existing house. Replacement of existing decks, addition of deck adjacent to rec room and master suite. Construction of open porch/portico over existing deck on lakeside, extend existing deck along house 10'. Removal of existing detached garage and gravel parking area. Construction of a new driveway. Property owner has stated he was advised by the City that the application would not require yearly renewals. 1 he variances expired one year from the date of approval. October 12,1993. Thv intent is to complete the additions in stages with the raising of the house to occur first. Because the house, porch addition, and deck addition are located within 75’ of the lakeshore a variance is required. Site Plan Issues The primary issues as noted in 1992 were potential drainage problems that may occur due to the increased hardcover in the 75-250’ setback. Secondly the increased length and steepness of the driveway could create some runoff and access problems for the property. The approved plan shows a proposed driveway that would average a 12% slope. The City does not have a standard slope for a driveway, but generally a driveway sloping 10% or less is recommended. i #02-2757 Terrance C. Johnson 1045 Linden Lane_________ Staff had briefly discussed the option of lifting the entire house and moving the house back on the property. The option of moving the entire house has major cost implications since the entire lower level and foundation would be required to be replaced. The house is currently located approximately 70’ from the takeshore. The deck proposed to be removed is 55’ from the lakeshore. The new attached deck and porch area would be approximately 60’ from the lakeshore. Review of Hardcover The previous approval allowed hardcover in the 0-75’ zone of 7.2%, where 8.9% exists. In the 75- 250’ zone, hardcover will increase from 22.1% to 40.5% where 25% is allowed. In the 250-500’ zone hardcover reduces from 76.1% to 23.3% where 30% is allowed. The balance of hardcover moving closer to the house is due to the driveway extension and construction of a garage anached to the house. Except for the driveway, all parking areas and the detached garage located near the street would be removed. In 1992 the Planning Commission voted 4 to 3 to recommend approval of the application. The primary concerns were the length of the driveway, potential drainage problems, steep driveway, and amount of hardcover in the 75-250’ zone. Council adopted Resolution No. 3186 by a vote of 3 to 1 approving variances. The resolution included language that allow s the City Engineer to monitor the drainage situation on the property. Planning Commission Options for Action I. To approve if Planning Commission finds that sufficient justification exists to recommend approval of the site plan. If Planning Commission so desires, approval can be conditioned upon removal of certain aspects of the site plan since the original approval was nearly 10 years ago. 2. To recommend denial. 3.Table. 4. Other Action. n. f*ffi m r I n in niki i rf' fc fi ■ I h^riiy Iff \ . • aTY OF ORONO - VARIANCE APPLICATION Initial Application Fee S2S0.00 (SSO.tra per each additional variance) 'Renewal Variance Fee SISO.OO (no change from original application) Variance for non*conforming structures $250.00 After-the-Fact Fees (Double application fee) AppBcalion Date Received" 2 Amount Paid '^tS‘0 PROPERTY INFORMATION . Site Address /C*/S L/yicler% L ckvus . Property Identification Number (PJ.D.) Attach legal description to application if not inclu^ Date Property Acquired________________________ I (do) C iz on required survey. also own the adjacent parcels of land. Present use of property: ^'"'residentid ___pother (specify) .(month/year) Zoning District: Z ^ •- / /? APPLICANT Phone (home) Name / €rraoce. OoVvytsCvvl Address: JOYs laiL* a City: Phone (work). Zip: S‘S^3(^y OWNER (if different than applicant) Name Address: Phone (home). Phone (work) City:Zip:. DESCRIPTION OF REQUEST^ Estimated Construction Cost S Describe request in detail csumaiea i^onstructipi • Q ■e. t/} ^ uj a J (attach additional sheets if necessary) VARIANCES REQUIRED ___Lot Area Lot Width Hardcover .Lot Coverage Setback:Front Side Rear Average Lakeshore Other (specify) ’^■eto^uJCLjf HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements:___________ (attach additional sheets if necessary) JJm P ^ ^ i pcs' P.ti 7 REQUIRED SUBMITTALS All..of tht follofying informaHon must be submitted hy the anniic.rion iiMdiin# i, order for vour application to be conaidergd gompigt#? 1. 2. 3. 5. 6. 7. 8. Completed Application Form Certified Propei^ Owners List of owners within 150’, labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-5910). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8)4" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8'/j" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 814" x 11"). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that vour yarianct aDDlication is not complete if the above information ha« nor hegn itiHnilprf 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 trucMd correct to the best of his/her knowledge. Applicant's Signature Date OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investigation and verification of this request. Owner’s Signatur Date Applicant must'liave all submittals into the City offices 25 days' before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. i.: MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 1?, 1992 PUBLIC COMMENTS Go«tten announced the dedication of the Kelley Parkway on October 14th has been postponed because of the untimely death of Mary Kelley. (93) JOHNSON, 1045 LINDEN LANE - VARIANCES - RESOLUTION 93186 Mr. and Mrs. Terry Johnson wore present. Gaffron explained the applicants originally submitted their proposal over a year ago. Since then, there have been many changes to the proposal. The applicants propose the removal of an existing detached garage to be replaced by an attached garage and a driveway. They also propose a new deck and a second story addition over the existing residence. This proposal results In the following hardcover percentages: O-TS’ reduction from 8.9X to 7.2%; 75-250’ Increase from 22.1% to 40.5%; and a reduction In the 250-500’ zone. He clarified that the applicants Intend to keep the wall and sidewalk system on the northwest corner of the house, but noted that It Is built with wooden cribbing containing non-compacted gravel, that only the cribbing Is considered hardcover, and the square footage of existing walkway hardcover is equivalent to the amount reported for replacement. Mr. Johnson stated they need to keep this system for drainage purposes. Gaffron reported the Planning CommIsslon’s.main concern was the steep lot and the amount of run-off funneled toward the lake. He stated the City Engineer had reviewed the property that day. Cook recommended the City condition approval on the applicants maintaining the drainageway in a manner that prevents erosion. Goetten asked If Cook felt the new proposal helps the drainage situation. Cook noted the renovation will channelize the drainage and will increase the velocity of that run-off. Goetten asked who Is responsible If the improvements on the property aggravate the drainage problem In the area. Cook stated the City should make it known It is the responsibility of the property owner to correct any future drainage problems. H1NUTE8 OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 12, 1992 ZONING FILE #1621 - CONT. Gaffron noted staff has discussed a retention pond somewhere on the property or elsewhere In the neighborhood, which may be realized at a later date. Goetten clarified the applicants Intend to use the existing foundation and asked If that foundation has been Inspected and certified by a structural engineer. Mr. Johnson stated prior to purchasing the property, they had a contractor visit the site who Indicated, because of the 12 block used, the foundation could support a second story. Goetten explained that If the foundation Is found to be unusable, the City will require the house to be moved further back on the property. Callahan said the Planning Commission felt the driveway would focus a major amount of water In a different location. He said he hesitates allowing double the amount of hardcover within the 75- 250’ zone. Butler felt, after review of the property. It Is a very awkward property and the applicants have a hardship for moving the garage closer to the house. She agreed the driveway may create a river on the property. Mr. Johnson stated the run-off actually flows across the property opposed to down the drive. He added, by decreasing the amount of hardcover at the actual point of the water entering the property, It will allow for better absorption. Jabbour suggested they consider a small landing area or berm at the top of the drive to prohibit water from Linden Lane entering the property. Gaffron noted Cook has recommended a 3X side-to-slde slope for the driveway to help direct run-off to the sides rather than down the length of the driveway. Goetten agreed with Callahan that they should not allow the applicants to double the amount of hardcover within a zone. She said she would prefer the existing garage to remain in its present location opposed to the new garage. hiii-irnat7> 1*^1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 12, 1992 ZONING FILE #1621 - CONT. Jabbour felt this property Is a good example of the DNR’s Intent to allow a certain percentage of hardcover on a property within 1000* of the lake opposed to a certain percentage within different zones. He felt the problem is the need for such a long driveway, but noted the house is of modest size. Jeff Johnson noted the Planning Commission felt the biggest impact of this project being the off-sIte drainage concern, and they felt if there is a chance to improve that situation, it is more Important than the hardcover issue. Mr. Johnson felt they were actually Improving the drainage situation for their neighbors. It was moved by Butler, seconded by Jabbour, to adopt Resolution #3186 for Application #1621 for Terry Johnson, 1045 Linden Lane, for variances to construct an attached garage and additions to the existing residence, subject to the applicant being informed prior to the issuance of a building permit of the City Engineer’s recommendations. Ayes 3, nays 1. Goetten voted nay. Barrett suggested adding the following language to the resolution, "as recommended by the City Engineer or as may be required by the City Engineer In the future". This will ensure the ability by the City Engineer to monitor the situation in the future. Butler accepted the Attorney’s suggestion, Jabbour seconded the amendment. Ayes 3, nays 1. Goetten voted nay. Mrs. Johnson asked if they would have any recourse against the City if in the future the drainage problem became worse. Mr. Johnson asked that wording be added to ensure the City could not require the removal of the improvement should It be determined that it has caused additional drainage problems. («#4) #1743 ALBERT HANSER, 1685 FOX STREET - FINAL SUBDIVISION •* RESOLUTION #3187 It was moved by Butler, seconded by Callahan, to adopt Resolution #3187 for Application #1743 for Albert Hanser of 1685 Fox Street, approving the final subdivision of the property. Ayes 4,nays 0. -- - - - - - - -wr.—■ j J /0*^S ■ffO}--<X7S'? m1'*^ ^ ini•■''ti i'li.' i| - ;*V ^ r7 ‘ <; !i .• i::!H r*5^rl ! < HT 11 1^ 1 -S.'r- ^ 1 vjk' ^i.. i .' -•9 r • .* r.', . v-'^ • •• . -^ • - • •• • .^•r- 0 * ». < <»• - ’ • • *. ■ ■ • \ •" • .I j. f ilJM'lT I - . ..... n I I fi 'iiim ri ■ I'r 11 I« f a i w-n- -o.. ji-TiVi-. t r • mU/aJ V*w T-gf>,<«»-:l=>.iaog..^RtAM H* 4 L 1*1^?♦L^dia*BlnAjIM&itea II.:___«■ -■ -■** .Jim. tUN OATE 02/05/02 BATCH 510 HENNEPIN COUNTY PBOPEBTY INFORHATION SYSIEH PROPERTY OWNERS LIST PROP ADDR OWNER NAHE TAXPAYER HAI1E/A0DR 3S 07-117-23 13 0002 01005 LINDEN LA JASON BLISS JASON BLISS 1005 LINDEN LA HOUND HN 55560 PROP ADDR OWNER NAHE TAXPAYER NANE/ADDR 36 07-117-23 13 0005 01005 LINDEN LA T C JOHNSON B J C P JOHNSON TERRANCE C JOHNSON 1005 LINDEN LA HOUND HN 55360 PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR 36 07-117-23 10 0015 01067 LINDEN LA L C t K H KASPRICK L C t K H KASPRICK 1067 LINDEN LA HOUND HN 55360 PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR 36 07-117-23 10 0020 01015 NORTH ARH DR R A L CONRAD RONALD C CONRAD 1015 NORTH ARH DR HOUND HN 55360 : i 1 • PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR TOTAL BATCH 510 00012 • / > * / % ••S. V' • .1 l iM REPORT NO. PI035001 PAGE 22 36 07-117-23 15 0003 01015 LINDEN LA T J ERIKSHOEN t H H SAPA THORA J ERIKSHOEN HARY N SAPA 1015 LINDEN LA HOUND HN 55360 36 07-117-23 13 OOOO 01027 LINDEN LA L R 1 C L WITHAH LAWRENCE R I CHERYL L WITHAH 1027 LINDEN LA HOUND HN 55360 36 07-117-23 13 0207 00036 ADDRESS UNASSIGNED HENNEPIN FORFEITED LAND CITY OF ORONO PO BOX 66 CRYSTAL BAY HN 55323 36 07-117-23 13 0200 00036 ADDRESS UNASSIGNED HENNEPIN FORFEITED LAND CITY OF ORONO PO BOX 66 CRYSTAL BAY HN 55323 36 07-117-23 10 0016 01055 NORTH ARH DR ANDREA DAHL ANDREA DAHL 1055 NORTH ARH DR HOUND HN 55360 36 07-117-23 10 OOlO 01005 NORTH ARH DR SALLY A RHYLICK SALLY A RHYLICK 1005 NORTH ARH DR HOUND HN 55360 36 07-117-23 10 0056 01065 NORTH ARH DR ROGER J ILLIES ROGER J ILLIES 1065 NORTH ARH DR HOUND HN 55360 36 07-117-23 10 0066 00036 ADDRESS PENDING L C KASPRICK I K H KASPRICK L C KASPRICK B K H KASPRICK 1067 LINDEN LA ORONO HN 55360 S' » ’ • J A • i a y .J '■I Application Date: 2/11/02 Completion Date: 2/11/02 60 Day Deadline: 4/12/02 (tccTtNO REQUEST FOR COUNCIL ACTION MAR 2 5 2002 uir orOMONO Department Approval: Name Wendy Bonenberg Title Zoning Adminstrator/Planncr DATE: 3/22/02 ITEM NO.: X Agenda Section: Zoning Item Description: #02-2758 Robert Pieper 3995 North Shore Drive ATF Conditional Use Permit Zoning District: Lot Area: LR-IC One Family Lakeshore Residential District (.5 acre) 46.989 s.f. (1.079 acres) Lut of Eihibits: A Resolution B Staff Report and Exhibits of 3/18/2002 Application Summary: The subject property was previously know n as “Sandy Beach Resort.” 1 he property for many years had cabins on it. The applicant purchased the property in 2000. In May 2000 the applicant applied to subdivide the property into 2 lots. The subdivision applicat’on received preliminary approval to be divided into 2 lots. Even though the preliminary plat was approved, it never went forward for final plat approval and subsequently has expired. Ma\ 2000. a demolition permit was issued to clear the cabins from the property. August 2001. a building permit was issued for the construction of a new residence. The proposed residence met all lot area, lot width, setbacks, hardcover, and lot coverage by structures standards by code. February and March, 2002, the residence was part of the 2002 Spring Parade of Homes tour. It was during the Parade of Homes tour that Channel 5 did a preview of the residence. It was spotlighted on the morning show. Lyle Oman, Building Official, happened to be watching and listened to the description of the home. It mentioned and showed inside the home a mother-in-law apartment. Once in the office. Mr. Oman, again reviewed the plans. The plans do not indicate a mother-in-law apartment. A permit or conditional use permit had not been issued for a mother-in-law apartment. The applicant was notified of the problem and promptly applied for a conditional use permit. Pertinent Code Section: Section 10.20, Subd. G: Non-rental Guest Apartments. PLANNING COMMISSION: The Planning Commission recommended by a 7 to 0 vote to: Approve the application as presented. 1 L STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. A RESOLUTION APPROVING AN AFIER THE FACT CONDITIONAL USE PERMIT PER SECTION 10.20, SUBDIVISION G FILE NO. 02-2758 WHEREAS, Robert D. Pieper (hereinafter "the applicant") is the owner of the property located at 3995 North Shore Drive within the City of Orono (hereinafter "the City") and legally described as follows: That part of Government Lot 2 described as beginning at the Northwest comer of Section 17, Township 117, Range 23; thence East along the North line of government Lot 2 a distance of 362.35 feet; thence South at right angles a distance of 148.5 feet: thence West along the South line of the North 148.5 feet thereof to the shore of Lake Miimetonka; thence Northwesterly along said shore to the West line of said government Lot 2; thence North to the point of beginning. Also that part of government Lot 5. Section 18, Tovvnship 117, Range 23, lying South of the North 33.00 feet thereof, e.xcept roads, all in Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on March 118, 2002, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicant has applied for an after the fact conditional use permit per Municipal Zoning Code Section 10.20, Subdivision G to permit a non-rental guest apartment within the main residence. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #02-2758. 2.The property is located in the LR-IC One Family Lakeshore Residential Zoning District, where .5 acre is the minimum required lot area. The property consists of appro.ximately 1.079 acres. 3. The Orono Planning Commission reviewed this application on March 18, 2002 Page 1 of 5 J and recommended approval of the after the fact conditional use permit lor the non-rental guest apartment based upon the following findings: A.Non-rental guest apartments are permitted subject to review by the Planning Commission and approval of the Council. As a conditional use permit in "R" residential districts. The zoning ordinance defines a non rental guest apartment as follows, "An apartment within the principal residence structure on a lot for the sole use of the occupants of the principal residence, including their domestic employees or non-paying guests. There shall be at least one access door to the apartment from within the principal structure, and such door shall be the primary access to the apartment. Application for such a guest apartment shall address the concerns of parking, sewage treatment, entry way and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address." B.The guest apartment is located above the garage. Interior access is provided via the principal structure with a secondary access \ia a stair from lower level garage. C. There is adequate area on the site to allow an additional parking space. D. The property is provided with municipal sanitary sewer. E.The guest apartment conditional use will comply with each of the applicable provisions of the zoning chapter. The City Council finds that the conditions existing on this property are peculiar lo it and do not apply generally to other property in this ^.oning district; that granting the after the fact conditional use permit would not adversely alYcct traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; 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 Page 2 of 5 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 the above findings, the Orono City Council hereby grants after the fact conditional use permit to Municipal Zoning Code Section 10.20, Subdivison G to permit a non-rental guest apartment within the main residence subject to the following conditions: 1 The guest apartment within the principal residence is for use by occupants of the principal residence, including their domestic employees or non-paying guests. No rental of the guest apartment shall be permitted. Guest apartment utilities shall not be metered separately from the principal residence utilities and the guest apartment shall not have a separate street address. The interior access door from the residence to the guest apartment shall be a non-locking door. The applicant shall pay double the permit fee and double the conditional use permit application fee as an after-the-fact penalty as established in the 2002 City Fee Schedule. Authorities granted by this conditional use permit run with the property not with the applicant, but are pemiissive only and must be exercised by application for a building permit for the guest apartment within one year of the date of Council approval, or this conditional use permit will expire on that date (March 25. 2003). Violation of or non-compliance with any of the terms and conditions of this conditional use permit shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 3 of 5 I r- 7.The undersigned owner has read, understand 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 25th day of March, 2002. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner Property 0\vner STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 25th day of March, 2002 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the Citv. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Page 4 of 5 On this day of said county, personally appeared , 20__before me a Notary Public within and for known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of said county, personally appeared , 20__before me a Notary Public within and for known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. Notary Public Page 5 of 5 TO: FROM: DATE: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator Wendy Bottenberg, Zoning Administrator/Planner March 8,2002 SUBJECT:#02-2758 Robert Pieper 3995 North Shore Drive Conditional Use Permit Zoning District: Lot Area: LR-IC One Family Lakeshore Residential District (.5 acre) 1.079 acres or 46,989 s.f. List of Exhibits: A B C D Application Guest Apartment/Garage Floor Plans Photos of Property Property Owners Notification List Pertinent Code Sections: 1. S rction 10.20, Subd. G: Non-rental Guest Apartments. Background: The subject property was previously known as “Sandy Beach Resort.” The property for many years had cabins on it. The applicant purchased the property in 2000. In May 2000 the applicant applied to subdivide the property into 2 lots. The subdivision application received preliminary approval to be divided into 2 lots. Even though the preliminary plat was approved, it never went forward for final plat approval. May 2000, a demolition permit was issued to clear the cabins from the property. August 2001, a building permit was issued for the construction of a new residence. The proposed residence met all lot area, lot width, setbacks, hardcover, and lot coverage by structures standards by code. February and March, 2002, the residence was part of the 2002 Spring Parade of Homes tour. It was during the Parade of Homes tour that Channel 5 did a preview of the residence. It was spotlighted on the morning show. Lyle Oman, Building Official, happened to be watching and listened to the description of the home. It mentioned and showed inside the home a mother-in-law apartment. Once in the office, Mr. Oman, again reviewed the plans. The plans do not indicate a mother-in-law apartment. A permit or conditional use permit had not been issued for a mother-in-law apartment. The applicant was notified of the problem and promptly applied for a conditional use permit. •02-27SS Robert Pieper 3995 North Shore Drive Conditional Use Permit Pafcl Non-rental guest apartments are permitted by review of the Planning Commission and Council as a conditional use permit in “R ” residential districts. The zoning ordinance defines a non-rental guest apartment as, “An apartment within the principal residence structure on a lot for the sole use of the occupants of the principal residence, including their domestic employees or non-paying guests. There shall be at least one access door to the apartment from within the principal structure, and such door shall be the primary access to the apartment. Application for such a guest apartment shall address the concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. The guest apartment does function as part of the main house because it is located above the garage and there is a door leading from the main house to the guest apartment. From the outside it appears to be part of the house, and one would not know it is a guest apartment. Parking: The garage is built to park 6 cars. The driveway is not completed, but there is plenty of room for an additional parking spaces if needed. Sewage: The property is sewered. Interior access: There is a door leading from the main residence to the apartment. Entry way: There are 3 entry ways to the apartment. From inside the main residence, from the garage and another from the e.\terior of the structure. There is access from within the residence however, what appears to be the primary entrance is the one located on the e,\terior of the residence. The exterior door goes to a stairway which leads up to the apartment. Issues for Consideration: 1. Planning Commission should consider whether the outside door is a problem. Should the access door from inside the residence be a non-locking door? Close the access door from the garage? 2. Restrictive covenant should be recorded on chain of title (as part of the CUP resolution) stating the apartment is within the principal residence and is for use by occupants of the principal residence, including their domestic employees or non-paying guests. No rental of the guest apartment shall be permitted. 3. There is adequate room for one additional parking stall if required. 4. The utilities must not be metered separately; and the apartment must not have a separate address. »02-2‘'5S Robcfl pieper 3995 North Shore Drive Conditional Use Permit Page2 n Ti I niBtffUi • • • • Options for Planning Commission Action: 1. 2. 3. 4. Recommend approval of conditional use permit: a) Non-Rental Guest Apartment A recommendation of approval shall include consideration of the following: a) The apartment within the principal residence is for use by occupants of the pri ncipal residence, including their domestic employees or non-paying guests. No rental of the guest apartment shall be permined. There shall be at least one access door to the apartment from within the principal structure, and findings shall be made to permit the access to the guest apartment from the exterior of the structure. More than one exit should be available to occupants of the guest a^ artment area for fire safety purposes, especially since the apartment area is located next to and over the garage. c) Utilities shall not be metered separately from the principal residence utilities and the apartment shall not have a separate street address. Recommend denial, stating reasons. Table. Other action. M2-275I Robot ^eper 399S Noth Shoo Drive Conditional Use Ptmix L, he Oi I I • f •tl-2002 t0:22i rrs»<ITY or 0«NC «l!224Mltl ' j-m r coi/on r*2tt AnnMfUoa# 02.-2 7S% DattRccdvfd g AaoumPtM V a 2C~ cm* OF ORONO - general Land use appuoation OPERTY LOCATION __ ^ ^ v Site Address ^ ^ ^ Type of Applicatioa to be Filed Property* I^tiSc&doa Number (P.UX)- i^rcyCc APPLICANT Phone V *7 / Q ___________Phone (wock)6 ^OO 1 o City OWNER C>( different than applicant) Name. Address Cit> Phone (home). Phone (work)„ 2ip_ Date Proper^ Acquired ^OO O I (dc)<(&~nSl)^so o^r the adjacent paicels of land (raonib'year) FEES - CONDITIONAL USE PERMITS • S 75.00 For each viiiaace request with CUP rppilcatiort _____SI75.00 Residential Accessory Use S250.00 Insiitutioca! (church, school, etc.) y S22S.00 Guest Kouse/Guest Apaitments ____S2C0.00 Duplex Ctedit/Bldg ____S325.00 CommertiaLlndustrial Use ____ $250.00 Land Alteration ____ Grading and filling - designated wetlaul or floodplain ____ Grading and filling - 501 cu. yd. or n >re Grading, seawall, retaining wells withii 75’ of iakeshorc PRD.TID - see Fee Schedule $150.00 Renewal Fee (no change from otigiial application) Aftsi the-Fact Fee - Double Cunent Applicat on Fee OTHER APFUCATIONS $275.00 Commercial Site Plan Review (+ CMtsuitant fees) _____5300.00 Vacation _____S2CO.OO Easement Vacation ___ $100.00 Easement Vacado.n ^'ith Subdivisicii _____$350.00 Reroning (PUD - refer to fee scbecule) _____$373.00 Comprehensive Plan Amendment _____$100.00 Appeals _____Other * see Fee Sebedole #27 5< c WALK-IN m • B » t. dil5 Kc- 5hcr ( r’ CA-xns% Be.v:... • ;. .r t.}tiJ^.».-Ji 1 . .;>•-' ns?Jr^?2L«'-jrv'5 .i^3Clc^*^ *■- j;:-.-* V~*r:r7' ^ !S^-3^t»' ,:. -: ■-% • w ^ i< ^-v;>''• .- V* ■ ^' r - ' * »^ • i.' 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Wood '*'05 North Shore Dr. i.^ound, MN 55364 38 07-117-2344 0077 Dale J. McCurdy 4041 North Shore Dr. Mound, MN 55364 38 08-117-23 33 0049 Col. & Mrs. D. M. Englund 5101 Spring Rock Ct. Fairfax. VA 22032 38 08-117-23 33 0068 Timothy L. Zwart 3970 North Shore Dr. Mound, MN 55364 38 08-117-23 33 0073 Patricia M. Lawless 1560 North Arm Dr. Mound, MN 55364 38 08-117-23 33 0074 Margaret Peltola 1550 North Arm Dr. Mound. MN 55364 38 17-117-23 22 0006 Lynn & Faith Christine 3925 North Shore Dr. Mound, MN 55364 38 17-117-23 22 0022 Thomas L. Palm 1685 Concordia St. Wayzata,MN 55391 38 17-117-23 22 0039 Howard R. Alton III 1635 Concordia St Wayzata, MN 55391 38 07-117-23 440004 Peter & Elizabeth Luzaich 4009 North Shore Dr. Mound, MN 55364 38 08-117-23 33 0030 Gale R. & Marie R. Landberg 1545 Maple PI. Mound, MN 55364 38 08-117-23 33 0066 Diane Lee Dunlap 1545 Minnie Ave. Mound, MN 55364 38 08-117-23 33 0069 Leah Marie Vickerman 3980 North Shore Dr. Mound, MN 55364 38 08-117-23 33 0087 Paul E. & Mary J. Taylor 3883 Cherry Ave. Mound, MN 55364 38 17-117-23 22 0007 Lynn R. Christine 3925 North Shore Dr. Mound, MN 55364 38 17-117-23 22 0024 John & Kristin Gehring 1687 Concordia St. Wayzata, MN 55391 38 17-117-23 22 0043 Neil J. & Barbara L. Trainor 1675 Concordia St Wayzata, MN 55391 Avmv* Address Ubels Use template for 5160® 38 07-117-23 44 0005 Frederick A. Johnson 4017 North Shore Dr. Mound. MN 55364 38 08-117-23 33 0048 Roger Granning 3898 North Shore Dr. Mound, MN 55364 38 08-117-23 33 0067 Raoul Booton / Molly Holcombe 3950 North Shore Dr. Mound, MN 55364 38 08-117-23 33 0071 Mark K. Rice 1570 North Arm Dr. Mound, MN 55364 38 17-117-23 22 0003 Patrick O’Flanagan 3895 North Shore Dr. Mound, MN 55364 38 17-117-23 22 0009 Robert Piper 1847 Shorewood Lane Mound, MN 55364 38 17-117-23 22 0032 Brian H. Williams Judy A. Fesenmaier 1680 Concordia St Wayzata, MN 55391 Laser 5960 ’ lUN UTE tS/EI/Ef MTCN SM* NCNNEPIN COUNTY PtOPCm XNPOtHATXON SYSTEM PROPERTY OMNERS LIST Sa RR'UT'ES SS RRM . RUM NOETN ARM DR ewm NM« NMMRIT PEITOU TAXRAVtR . mmARIT PELTOU NAME/ADOR USf NORTN ARM OR HOUND HN' SSSM .■ I raer addr TAXPAYER / NANB/ADOR SD I7-U7-ES XR RStA RMSD ' ADDRESS UNASSXONn LYNN • PAXTN CNRISTXNE LYNN S. PAXTN CHRISTINE SnS NORTN SNORE OR HOUND NN SBSA4 PiOP ADDR OHNER'NANE TAXPAYER ^ ' NAHE/ADDR SD X7*U7>tS.EE OSES •IADS CONCORDIA ST . . T LfALN^S N A.PALN.; . TNONAS I. PALN • XOSO CONOORUA ST NAYZATA MN . SSSOl t TAXPAYER ' OIANR/ADOR SS 17-X17-SS EE SOSO OSOOS NORTH SNORE DR NOMARO R ALTON XXX ■NONARD R ALTON XIX XOSB CONCORDIA ST ORONOIRI' sssn t • • TAXPAVEt * TOTAL OATCN i AM MOSi NANi/AON • • • • • •• • • / •; . • • t f • V. SS OS'XIT'SS SS SSS7 SSSSS CNERRY AVE PAUL E S NARY J TAYLOR PAUL TAYLOR SODS CNERRY AYE. HOUND HN SSSA4' SS X7-X17*ES EE SSS7 SSSSS NORTH SNORE OR LAP CHRISTINE LYNN R CHRISTINE SSES NORTH SNORE OR HOUND MN SSSSS SS X7*II7*ES EE OSES SXSS7 CONCORDU ST J N OCNRXNS>« REXIStE SENRINB JOIM S KRISTIN SENRINO XAS7 CONCORDIA ST . < NAYZATA NN SSSSX SS 17>1I7*ES EE SSSS SXSSS CONCORDU ST NONARD R UTON SIX NONARD R ALTON III MONO m ussx »• . t • • t • \ i \ report no. PISSSSSX PAM IS U X7-XX7-ES tt SSIS SSSSS NOSiT)|l SNORE 01 PATRICK O'PLANAOAN ■ PATRICK 0*PLANA0AN USS NORTH SNORE OR .HOUND m SSSSS 3« »7-in I (Ldtetrt SS X7>XX7*EB EX SSSE 5SrSSSffir« NAVUTA HN - SSSSX . ' r . 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DIANE LEE DUNLAP DIANE LEE DUNUP. 1S4S filNNIE AVE HOUND NN SSSM ' PROP AOOR •* OHNER NANI . TAHPAVIR NAHR/ADOR SO •S-1I7-2S SS •••• •SVOR . NORTH SNORE OR LEAN NARIE VICXERHAN LEAN N VICXERNAN SMD.NORTN SNORE DR HOUND NN SSSM '. . . . . • • i SO OI'llT'ES M ROM M^49 NORTH SNORE OR P S A .B A LUZAXCN' PETER A ELX2AD1TN LUEAICN 4SR9 MNITN SNORE DR HOUND NN SSSM. • I SD RO-llT'ES SS RASR •••SO ADDRESS UNASSIONEO 0 R LANDSERO SNR LANDOERO •ALE R A NARXE R LANDSERO 1S4S HAPLE PL HOUND NN SSSM SO •0-lI7*2S SS OOSS •••SO AOORESS UNASSIONEO 0 R LANDSERO SNR LANDDERO DALE R A NARXE R LANDOERO IS4S HAPLE PL HOUND NN ' SSSM .SO RO-llT'RS SS 0040 •S090- NORTH SNORE Dl ROPER ORANHINO « NXPE SOM^NMmTMORE OR . HOUND NN SSSM SO S0-U7-2S SS ROOT •S9SR NORTH SNORE DR R DOOTOH A N NOLCOHBE RAOUL SOOTON/NOUV NOLCONSE S9S4 NORTH SNORE OR HOUND NN SSSM SO •O'UT'RS SS oRh •1S70 NORTH ARH DR HARV R RICE HARV R RICE 1S70 NORTH ANN DR HOUND HN SSSM PEPORT no. 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Compkte Date: 60 Day Deadliae: 2/14/02 4/15/02 MAR 2 5 2002 REQUEST FOR COUNCIL ACTION CiiY urUnuNU DATE: March 20. 2002 ITEM NO : 9 Department Approval: Name Paul Weinberger Title Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description:#02-2759 John Collette 2160 West Wayzata Boulevard Conditional Use Remit Zoning Dbtrict:B-l, Retail Sales Business District List of Exhibits A B Resolution Planning Report (March 12,2002) Application Mr. Collette has requested to operate an automobile brokerage company in the Orono Shopping Center, lie has submitted an application requesting a conditional use permit for a 208 s.f. leased otTicc space. The property is located in the B-l, Retail Sales Business District. Professional offices and offices general in nature are listed as a conditional use in the district. The applicant has stated the only use of the property will be for general administrative functions of the business. There is no intent to store vehicles or display vehicles for sale on the property. Automobile sales are not permitted in the district. Planning Commission Recommendation Planning Commission voted 7 to 0 to recommend approval of the application subject to the following conditions; 1. 2. 3. At no time shall any vehicles being brokered be stored, displayed, serv iced or parked on the property. Any future signs for use with the automobile brokerage shall be in conformance with the provisions of the zoning code and/or provisions as set forth in the approved sign plan. Any requests to e.xpand the use of the building for the automobile brokerage business shall require an application to amend the conditional use permit. Staff Recommendation Staff recommends Council adopt the attached Resolution approving the Conditional Use Permit to allow a general office use within the Orono Shopping Center. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.40, SUBDIVISION 4 FILE NO. 02-2759 WHEREAS, John Collette, has an interest in, (hereinafter "the applicant") and William Wear is owner of the property (hereinafter “the owner ”) located at 2160 West Wayzata Boulevard within the City of Orono (hereinafter "the City") and legally described as follows: Exhibit “A” attached, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied for a conditional use permit per Municipal Zoning Code Section 10.40, Subdivision 4 to permit a general office use of 208 s.f. within the building for administrative purposes for an automobile brokerage company; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on March 18,2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: 1. 2. 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #02-2759. The property is located in the B-1, Retail Sales Business District. The Orono Planning Commission reviewed this application on March 18,2002 and recommended approval by a vote of 7 to 0. 4. The Planning Commission made the following findings of fact: A. General Office is listed as a conditional use in the B-1 zoning district. Page 1 of7 B. The applicant has submitted a statement that states he does not need space ibr any cars on the property. C. Automobile sales are not permitted in the B-1 zoning district. D. A review of parking on the site has determined the proposed office use would not contribute to a shortage of parking on the site. E. The proposed office use on the property is consistent with the intent of the Zoning Code and Comprehensive Plan. F. There are several other uses within the building that could be classified as office. The difference in their uses is they are businesses that are regularly visited by customers. The automobile brokerage office is intended to only serve the administrative functions of the business. I'he City Council finds that granting a conditional use permit will not be detrimental to the health, safety or general welfare of the public, will not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and corrunents of the applicants and the affect of the proposed use 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 approves a conditional use permit per Municipal Zoning Code Section Section 10.40, Subdivision 4 to permit a general office use of 208 s.f within the building for administrative purposes for an automobile brokerage company subject to the following conditions: Page 2 of7 1 . At no time shall any vehicles being brokered be stored, displayed, ser\ iced, serviced, or parked on the property. 2. Any future signs identifying the automobile brokerage shall be in conformance with the provisions of the zoning code and by the provisions set forth by the approved signage plan for the property. 3. Any requests to expand the use of the building for the brokerage business shall require an application to amend the conditional use permit. 4. Authorities granted by the conditional use permit run with the property not with the applicants, but are permissive only and must be exercised by application for a land alteration permit within one year of the date of Council approval, or this conditional use permit will expire on that date (November 26,2002). 5. Violation of or non-compliance with any of the terms and conditions of the conditional use permit approval shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned owner and applicant have read, understand and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Page 3 of 7 Adopted by the City Council of the City of Oronc, Minnesota at a regular meeting held on the 26th day of November, 2001. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) Applicant STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 25th day of March, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Miimesota municipal corporation and said instrument was executed on behalf of the City. Notary' Public STATE OF MINNESOTA COUNTY OF HENNEPIN day ofThe foregoing instrument was acknowledged before me on this _______ ____________, 200____by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of? i ■ Ki-v--------- STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of ..20 personally appeared before me, who is personally known to me whose identity 1 proved on the basis of whose identity I proved on the oath/afTirmation witness a credible and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of ..20. personally appeared before me, who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation witness ., a credible 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? mrlln i' . ,1 I, , ! i STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of .20 personally appeared before me, who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation witness a credible and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notar>' Public Page 6 of 7 A RMtPlMCd That part of die East of the Nbftilwest Quarter of Section 34, Township 118, Range 23 described as comniendng at the Northwest comer ofaaid East Half of the Noidiwest Quarter; dienoe due soudi (assumed bearing along the West line of said East Half of the Northwest (^larter a distaim of 131129 feet; dienoe South 87 degiees41 minutes East, S4S.87ftei to the artual point of beginning; thenoe.North 87 degrees 41 minutes West, 200 fee^ thence Nortfi 2 degrees 19 «nimite« East, 188.93 feet; thence North 87 d^rees, 41 minutes West, 200 feet; thence South 2 degrees 19 minutes West, 334.96 feet to the Northerly right of way line of State Highway No. 12; thence Soudi 69 d^iees 41 minutes East along said Norther^ right of way line 45.94 feet; thence Easterly 364.3 feet along said Northerly right of way line being a tangentiid curve to the left having a radius of 158728 feet to an intersection with a line bearing Soutfi 2 degrees 19 minutes West fiom the actual point of beginning: thence North 2 degrees 19 minutes East, 232.24 feet to actual point of beginning, according to the (Sovemment Survey thereof, excqn the West 200 feet thereof. ffcaJEarecl The West 200 feet of that part of the East Half of die Northwest (Quarter of Section 34, Townriiip 18, Range 23 described as commencing at die Northwest ccxner of said East Half of the Northwest (Quarter; dience due south (assumed bearing) altmg the West Line of said East Half of the Nordiwest (Quarter a distance of 131129 feet; thence South 87 degrees 41 minutes East, 545.87 feet to the point of beginning; thence North 87 degrees 41 minutes West, 200 feet; thence North 2 degrees 19 minutes East, 188.93 feeU thence North 87 degrees. 41 minutes West 200 feet: , 334.96 feet to the Nordierly right of waythence South 2 degrees 19 minutes West, 33< line of State Highway No. 12; thence South 69 degrees 41 minutes East along said Northerly ri^ of way line 45.94 feet; thence Easterly 364.3 feet along said Northeriy ri^ of way line being a tangential curve to the left having a radius of 1587.28 fe** *Ti with ■ line hearing South 2 degrees 19 minutes West fiom the actual point of beginning; thence North 2 degrees 19 minutes East, 232.24 feet to actual point of beginning, according to the Ciovemment Survey thereof. »• . «%• “j* Page 7 of7 TO;Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: DATE: Paul Weinberger, 2^ning Administrator March 12,2002 SUBJECT: #02-2759 John Collette 2160 Wayzata Boulevard Conditional Use Permit - Automobile Brokerage List of Exhibits: A B C D E F G Application List of Current Tenants Building Tenant Map Letter of Request Zoning Map Section 10.40 - B-1 District Standards Property Owners Notification List Application Mr. Collette operates an automobile brokerage company. He has submitted an application requesting a conditional use permit for a 208 s.f. leased office space within the Orono Shopping Center. The property is located in the B-1, Retail Sales Business District. Professional olTices and offices general in nature are listed as a conditional use in the district. 1 he applicant has stated the only use of the property will be for general administrative functions of the business. There is no intent to store vehicles or display vehicles for sale on the property. Automobile sales arc not permitted in the district. Site Plan Review Since the use of the building does not require any changes to the structure no review of the building and remainder of the site will be required with this application. However, there are performance standards listed within the code for offices. The impact on the site will be the parking and signs, fhe manager of the property has provided a detailed list of all tenants and square footage used by each tenant. The total parking required for the existing uses within the building, including the office use, is 81 spaces. The property can handle parking for 128 vehicles. Mr. Collette has stated he does not intend to have any signs identifying the location of his office. If he chose to have a sign for the business, he would be allowed one small sign on the existing west pylon and a sign located on the building not greater than 30” in height. The building sign would be limited to the name of the business or company logo. The Council adopted a resolution in 2000 that established sign standards for the property. #02-2759 John Collette 2160 Wavzata Boulevard That resolution allows each building tenant to have one space on the west pylon and a sign located on the building not greater than 30 ” in height. The total sign space allowed on the building is 140 s.f. Staff is in the process of completing a property sign inventory for the new Curves e.xercise studio that has recently opened in the building. There are several other uses within the building that could be classified as “office” that have moved into the building over the years. The difference in their use, such as the insurance office and accounting office, is they are typically found in shopping centers, and can be regularity visited by customers. SialT initially was concerned with locating an automobile brokerage (sales) business on the property. The concern was there was a potential storage and display of vehicles on-site. The best way to handle the request for the office was the conditional use permit process. Mr. Collette has submitted a statement, attached as Exhibit D. The statement says he does not need space for any cars. Mr. Collette does not have any employees that would use the office space. Staff Recommendation Staff recommends approval of the application based on the fact the intended office use is in keeping with the intent of the zoning ordinance and comprehensive plan. The intended use is consistent with several of the existing uses within the building. Staff suggests the following conditions be attached relating to the use of the building for an automobile brokerage: 1.At no time shall any vehicles being brokered be stored, displayed, serviced or parked on the property. Any future signs for use with the automobile brokerage be in conformance with the provisions of the zoning code and/or provisions as set for by the approved sign plan. 3.Any requests to expand the use of the building for the automobile brokerage business shall require an application to amend the conditional use permit. Planning Commission Options for Action 1.To approve subject to the conditions noted above and any conditions the Planning Commission deems appropriate for the use. 2.To recommend denial. 3.Table. 4.Other Action. •thtOO: OltOlH FroKITY OtflMlO t \ ♦U»4MIII T-I4I ^.M2/gOS MI9 Appiettlonn ^2-- 2.»fs9 D>toRicdvcd g*/V-»a AmouatPild dsn~ CITY OF ORONO - GENERAL LAND VSE APPLICATION PROPERTY LOCATION . , Site Address UQ Uj ♦ t Type of Application to ba Filed ^__ Property Identification Nvunber (P.I.D.) _ yzijrA u OD >U^ t»,L ui^' , ^ f APP Uptime Addressyrf^ * fui LjO Phone fhoBiel 74 5 ~ 2 T PhonefwoAS L,tr-n*J't City Zip 9 O^NER (if different than applicant) Name ____ ____ ‘ ____ Address.City Phone (home). Phone (wofk)_ -Zip, Date Property Acquired I (do) also ovm the a4jacent parcels of land. (month/year) FEES - CONDITIONAL USE PERMITS • ____ $ 75.00 For each variance lequeii vdth CUP application $175.00 Residential Accessory Use $250.00 Institutional (church, school, etc.) _____ $225.00 Guest House/Guest Apsmnenta ____$200.00 Duplex CiediYBldg $325.00 Commereial/Industrial Use $250.00 Land Alteration Grading and filling * designated wetland or floodplain ___ Grading and filling • 501 eu. yd. or more Grading, seawall, retaining walla within 75' of lakeshore PRD/PID • see Fee Schedule $150.00 Renewal Fee (no change fiom original application) Afier-the«Fact Fee - Double Current Application Fee OTHER APPLICATIONS _____ $275.00 Commercial Site Plan Review (4- consultant fees) ____$300.00 Vacation . $200.00 Easement Vacation , _ $100.00 Easement Vacation With Subdivision - $350.00 Rezoniag (PUD - lefer to fee schedule) $375.00 Comprehensive Plan Afflendmaat _____ $100.00 Appeals ____Other • see Fee Schedule TT rO i C -•V •. v'v .^.sM-- ' . 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' ■ ..* • r.‘. -I- •'. v%.^ •■- . *.‘V> :•>..;•• • r.- •. • • ••* I, |*« ■•» ■ ■• * '• r .;- ,••. .■ v-.-.V' •.'. s* ■ *.*'W\;K:. • rrw--.••-,;7 >•■ >.« V-.-v.-v , • * -1 ' /* t /OOD / / ■ ■ ■' 'V-■ 7r<^ oufior4 rr*- jn >4 JOB J« (20) A, I S^f-ijaraTk, ■fir nf tf 4 Q»’ABC* il» U tf (fit »----------------------^ ..V >* • a • r : BB** $(44; • j; IG fOt * • •■ 1 <E ca w r»5; — «•’ • j' . *S. •• KPO? tstiror U mRClAL ««» K mm jr$ 74 'Ay ;^IAblvdw (00) % t| (fO* s (ft) rwww DANIELS *#« Mi 5o7T t<3»K r 5 *• 1 S (40; ^9%f7l I «|B«* DVSTRIAL PARK 3 f*f*»tifu JM 9 •\• i 2 « : (9^¥ ' * 5 i « “r • % lA^rof lorj (92) i (25.ti * Ta 1 % * (2*71 *i « ./»i •*! • ^ • 5 t l'* •■ (2»7 W;• • (wS* (• (53) s ptif (45) nfft k'* s.r * MMIfOBiori • t tm (99} §10.40 SEC. 10.40. B-1 RETAIL SALES BUSINESS DISTRICT. Subd. 1. Purpose. The "B-I” Retail Sales Business (District) is intended to provide a district for businesses that supply commodities or perform a service primarily for residents in the surrounding neighborhood. The district may adjoin residential districts or other business districts vdiich are subject to more restrictive controls. The district shall have immediate access to adequate highways and public sanitary sewer. Subd. 2. Application. All applications for a building permit in any "B-I" Retail Sales Business District shall be reviewed by the Council and may be referred to the Planning Commission for review. Subd. 3. Permitted Uses. Within any "B-l” Retail Sales Business District, no structure or land shall be used except for one of the following uses or uses deemed similar by the Council: A. Retail and Service Businesses. The following neighborhood retail sales and service businesses supplying conunodities or performing a service primarily for residents in the surrounding neighborhood: 1. Arts and school supplies store. 2. Banks and insurance companies. 3. Barber and beauty shops. 4. Bicycle sales and repair. 5. Books, magazines, record shop. 6. Drugs, candy, ice cream, soft drinks, cosmetics and other usual drug store merchandise. repair. 7. Dry cleaning and laundry pick-up stations including incidental pressing and 8. Garden supplies, florist shop. 9. Gift or antique shops. 10. Hardware store, paint store. 11. Hobby shops, camera and photographic supply stores. 12. Jewelry shops and repair. 13. Laundronuts. 14. Locksmith. 15. Music, radio, TV, appliance sales and repair stores. 16. Newsstands. 17. Office sui^ly store, office machine store. 18. Pet shop. 19. Pipe and tobacco shops. 20. Plumbing, electrical, heating, housewares, furniture, carpet store. 21 . Postal substation. 22. Real estate sales. ORONO CC 332 (4-1-84) r. t) • ____ ahai iiiifttiirfrrfm § 10.40 23. Retail food of all varieties and home supplies. 24. Sewing center and yardgoods. 25. Sporting goods store. 26. Tailor shops. 27. Temporary sales such as Christmas tree lots. 28. Travel bureau. 29. Variety store. 30. Wearing apparel store, shoe store. 31. Off-sale Liquor Store Source: Ordinance 29,2nd Series Adopted: 2-23-87 32. Home and garden equipment rental. Source: Ordirumce 152,2nd Series Adopted: 10-28-96 B. Municipal Buildings. Municipal buildings where the use conducted is customarily considered to be an office use. Subd. 4. Conditional Uses. Within the "B-l" Retail Sales Business District no structure or land shall be used for one of the following uses except by conditional use permit: A. Garages. For the servicing and repair of automobiles provided repair functions are totally enclosed in a building. B. Motor Fuel Stations. Subject to the provisions set forth in Section 10.61, Subdivision 18. C. Restaurants (Class 1). Food is served to customer while seated at counter or table. Cafeteria - Food is selected by a customer while going through a line and taken to a table for consumption. Neither live entertainment nor intoxicating liquor sales are permitted in Restaurants (Class I.) Source: Ordinance 67,2nd Series Adopted: 5-8-89 D. Restaurants (Class 11). Fast Food, Convenience, Drive-in, and Liquor Store Restaurants. A restaurant v/hac a majority of customers order and are served their food at a counter in packages prepared to leave the premises to be consumed; or a drive-in where most customers consume their food in an automobile regardless of how it is served, or restaurants which serve intoxicating liquor or have live entertairunent. ORONO CC 333 (4-1-84) ----------------------------------■ I II ill I .irriTM n .rfrrAl §10.40 E. Off-Street Parking. Off-street Parking when the principal site of the off-street parking abuts on a lot which is (in) another "B” or "I" District and is in the same ownership as the land in the "B" or "I" District and subject to those conditions as set forth in Section 10.61, Subdivision 4 and such other conditions as found necessary by the Council. F. Public Services. Public service structures, including, but not limited to, electric transmission lines and buildings such as telephone exchange stations, booster or pressure stations, elevated lift stations and electric power substations. Personal wireless service and commercial broadcasting antennas and towers shall not be considered public service structures. Source: Ordinance No. 183,2nd Series Adopted: 2-22-99 G. Nurseries. Day nurseries provided not less than SO square feet of outside play area per pupil is available and fenced. H. Offices. Professional office and offices of a general nature. Source: Ordinance No. 172 Effective Date: 1-1-75 1. Antenna Stnieture. One independent antenna stnieture, with antenna or eembinatien of antenna attached thereto, subordinate to arid senrieing the prineipal use or stnieture on the same lot and eustemarily incidental theteto that is net attadied to another stnieture provided the height of the antenna stnieture dees not exceed 65 feet and the antenna stwieture is set back from any lot line a distance at least equal to the-tetal height of the antenna stiuetufer Source! Ordinance No. 177 Eficetive Date! 6-S-7S (Subd. 41 deleted per Ordinance No. 161,2nd Series, adopted S-27-97) Subd. 5. Accessory Uses. Within any "B-l" Retail Sales Business District, the following uses shall be permitted accessory uses: A. Garages, Etc. Private garages, off-street paricing and loading spaces, as regulated in this Chapter. B. Signs. Signs, as regulated in this Charter. C. Temporary Buildings. Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary to complete said construction. ORONO CC 334 (4-1-84) iTnl iaa^*i i §10.40 D. Landsciq)ing. Decorative landscape features. E. FeiKes. Fences, as regulated in this Chapter. F. Incidentals. Any incidental repair or processing necessary to conduct a permitted principal use, provided that the incidental use shall not exceed 30% of the floor space of the principal building. G. Public Telephone Booths. Source: Ordinance No. 172 Effective Date: 1-1-75 H. Communication Reception/Transrnission Devices. 1. Accessory Antennas. Accessory anteimas shall be limited to radio and television receiving anteruuis, satellite dishes, TVRO's, and amateur short-v'ave radio transmitting and receiving anteniuis. Accessory antennas that are accessory to the principal use of the property are permitted accessory uses in all zoning districts provided they meet the following conditions: a. Height. A ground mounted accessory antenna shall not exceed twenty (20) feet in height from ground level. b. Yards. Accessory antennas shall not be located within the required front yard setback, comer side yard setback or side yard setback abutting a street. c. Roofs. If vegetation or obstructions interfere with satellite signals at a location in any allowable placement area, the accessory antenna may be placed on the roof of any authorized structure on the prenuses. d. Accessory antennas shall not be located within a required yard or setback area or within drainage or utility easements. Anteruia towers shall be set back fiom adjacent property lines a horizontal distance no less than the maximum height of the antenna. e. Building Permits. A building permit shall be required for the installation of any accessory antenna requiring a conditional use permit. Building permit applications shall be accompanied by a site plan and structural component data for the accessory anterma, including details of anchoring. Ifie Building Offli ‘al must iqiprove the plans before installation. o ORONO CC 335 (4-1-84) § 10.40 f. Lightning Protection. Each accessory antenna shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the City of Orono. g. Electrical Code. Accessory antenna electrical equipment and connections shall be designed and installed in conformance with the National Electrical Code as adopted by the City of Orono. h. Color/Content. Accessory antennas shall be of a neuh^ color and shall not be used as signage. 2. Amateur Short-Wave Radio Antennas and Towers which do not meet the conditions for accessory antennas, may be allowed with a conditional use permit in all zoning districts provided they meet the following conditions: a. Height. When an amateur short-wave radio antenna is mounted on an antenna tower, the total height of the antenna and tower shall not exceed 65 feet. b. Yards. Amateur short-wave radio antennas and towers shall not be located within a front, comer side or side yard. c. Setbacks. Amateur short-wave radio antennas and towers shall not be located within any required setback area and shall be located no less than the height of the antenna and tower from the property line. Source: Ordiiuince No. 183,2nd Series Adopted: 2-22-99 Subd. 6. Area, Height, Lot Width, Setback Requirements and Design Requirements. A. Area. The minimum lot size shall be 20,000 square feet. B. Lot Width. The minimum lot width shall be 100 feet. C. Front Yards. The minimum front yard shall be 20 feet. D. Rear Yards. The minimum rear yard shall be 30 feet; side yard adjacent to "R* District shall be IS feet; side yard adjacent to street shall be 10 feet. E. Setback Requirements. No building shall be nearer than 35 feet to any front lot line, 35 feet from any rear lot line, 15 feet from any side lot line, 35 feet to side lot line adjacent to street; except abutting or across the street from an "R" District, no building shall be less than 35 feet from such lot line. ORONO CC 335-1 (4-1-S4) i n r o § 10.40 F. Fencing. Wherever a "B-I” Retail Sales Business District abuts an "R" District, along the side or rear lot line, a fence or compact evergreen hedge no less than S0% opaque nor less than six feet in height shall be erected along the abutting lines except within the required front yard. G. Building Design and Construction. In addition to other restrictions of this Chapter, the use, construction, alteration or enlargements to any building or structure within the district shall meet the following standards: 1. All exterior wall finishes on any building shall be: (a) Face brick, or, (b) Natural stone, or, (c) Specially designed precast concrete units if the surfaces have been integrally treated with an applied decorative material or texture, or, (d) Factory fabricated and finished metal framed panel construction, if the panel materials be of any of those noted in Items (a), (b) and (c) above. (e) Other materials as may be approved by the Council. Combinations of such materials shall be permitted. 2. All subsequent additions and outbuildings constructed after the erection of an original building or buildings shall be constructed of materials comparable to those used in the original construction and shall be designed in a manner conforming with the original architectural design and general appearance. 3. No building or structure of a temporary character, trailer, basement, tent or shack shall be constructed, placed or maintained upon the property except as accessory to and during the construction of permanent buildings. H. Drainage. No land shall be developed and no use shall be permitted that results in water runoff causing floods, erosion, or deposits on adjacent properties. Site and drainage plans shall be submitted by the applicant in such detail as required by the Council and those plans shall be reviewed by the City Engineer before submission to the Plaruiing Commission and Council for approval. Such nmoff may be required to be properly channeled into a natural water course, ponding area, storm drain or other public facilities. Any change in grade affecting water runoff whether onto adjacent property or otherwise must be in compliance with the Surface Water Management Plan and shall be consistent with other applicable regulations or City Code provisions and subject to the approval of other agencies having jurisdiction over the area affected by the drainage. I. Height. No structure or building shall exceed 2-1/2 stories or thirty feet in height except as provided in Section 10.75. ORONO CC 335-2 (4-1-84) .... RUN DATE %2/l2/%2 DATCif SIR HENNEPIN COUNTY PROPERTY XNFORNATION SYSTEH PROPERTY OWNERS LIST PROP ADOR OWNER NANE TAXPAYER NANE/AODR SS SA-Iia-2S 21 0Rf2 •214R WAYZATA RLVD W WXLLIAH W WEAR I WIFE WILLXAN W WEAR 21At WAYZATA SLVD RStA LONG LAKE HN 5535A PROP ADDR OWNER NANE TAXPAYER NAHE/ADDR 50 M-lIS-25 21 RI25 •21 • A SU6ARW00D DR R H SCNONNER SEN SCNONHER R N SCNONHER A E N SCNONNER 2106 SUGARWOOD DR LONG LAKE NN 555S6 PROP ADDR OWNER NANE TAXPAYER NANE/AODR 50 56-118-25 21 0050 00050 ADDRESS UNASSX6NEO SUGAR WOODS NOHEOWNERS ASSOC SUGAR WOODS NOHEOWNERS ASSOC C/0 REOERS CONSTRUCTION CO 3525 WEBSTER AVE NPLS NN 55616 PROP ADDR OWNER NANE TAXPAYER . NANE/ADDR 50 56-110-25 22 0017 02251 PINE RIDGE LA C I L OTTEN CLIFFORD A LOUISE OTTEN P 0 BOX 260 LONG LAKE NN 55356 PROP ADDR OWNER NANE TAXPAYER NAItt/ADOR 38 56-110-25 26 0001 02120 WAYZATA BLVD W WILLIAH WEAR ETAL WILLIAH W WEAR 36 HACKOERRY HILL LONG LAKE NN 55556 PROP ADDR OWNER NANE TAXPAYER NAHE/ADDR 72 56-110-25 23 0055 02205 WAYZATA OLVD W PERRY*$ VENTURES INC PERRY’S VENTURES INC 2205 WAYZATA BLVD W LONG LAKE NN 55556 REPORT NO. PX655601 PAGE 66 50 56-110-25 21 0021 02102 SUGARWOOD DR T H KINNES t A E KINHES TODD N A ANITA E KINNES 2102 SUGARWOOD OR LONG LAKE NN 55356 50 56-110-25 21 0022 02106 SUGARWOOD DR G Z GILL t F S GILL 6RETCNEN Z 0 FRANCIS S GILL 2106 SUGARWOOD DR LONG LAKE NN 55556 SB 56-110-25 21 0026 02100 SUGARWOOD DR N L RICKS I J N RICKS HXCHAEL L/JACQUELXNE N RICKS 2100 SUGARWOOD OR LONG LAKE NN 55356 50 56-110-23 21 0020 00050 ADDRESS UNASSIGNED SUGAR WOODS NOHEOWNERS ASSOC SUGAR WOODS NOHEOWNERS ASSOC C/0 REBERS CONSTRUCTION CO * 5525 WEBSTER AVE NPLS NN 55616 30 36-110-23 21 0033 00050 ADDRESS PENDING GREEN VALLEY ASSOCIATES INC GREEN VALLEY ASSOCIATES INC PO BOX 000 2100 WAYZATA BLVD W LONG LAKE NN 55356 30 56-110-25 22 0015 00050 ADDRESS PENDING C I L OTTEN CLIFFORD t. LOUISE OTTEN BOX 260 LONG LAKE NN 55556 30 56-110-23 22 0010 00050 ADDRESS UNASSICNED CITY OF ORONO CITY OF ORONO PO BOX 66 CRYSTAL BAY NN 55523 58 36-110-25 22 0020 •0050 ADDRESS UNASSICNED C t L OTTEN CLIFFORD I LOUISE OTTEN BOX 260 LONG LAKE NN 55356 72 56-110-25 25 0000 0TS20 BRIHHALL AVE JAW PROPERTIES INC JAW PROPERTIES INC P 0 BOX 705 BRAXNERD NN 56601 72 56-110-25 25 0025 02225 WAYZATA BLVD W PERRY’S VENTURES INC PERRY’S VENTURES INC 2205 W WAYZATA BLVD LONG LAKE HN 55556 72 36-110-23 26 0002 02075 >MAYZA^ BLVD W GREGORY iKsNAOGNNESSY LONG LAKE mD TRACTOR INC 2073 W WAYEAW^ BLVD P 0 BOX ^7 LONG LAKE HN SB556 4r <■1 72 36-110-25 26 0036 02060 WAYZATA BLVD W NIBNEL BUDGET RENTAL HIBNEL BUDGET RENTAL 2060 WAYZATA BLVD W LONG LAKE HN 55556 i- ^ O' O Q\• < RUN DATE •2/l2/%2 BATCH Sit PROP AMR OWNER NANE TAXPAYER NANE/ADDR PROP ADDR OWNER NANE TAXPAYER NANE/ADDR HENNEPIN COUNTY PROPERTY INPORtlATION SYSTEH PROPERTY OWNERS LIST 72 S4-11B-2S 2B ttSt i2M5 WAYZATA BLVD W J B N mVESTNENTS JIN XNWESTNENTS AMI KXNBSVXCW LA N NAPLE GROVE HN 5SS1I 72 SA-X18-25 24 §§44 §§5§4 SNAU6NNESSY AVE GREGORY N SHAUGHNESSY LONG LAKE FORD TRACTOR INC 2§7S W WAYZATA BLVD P 0 BOX 447 LONG LAKE HN 55354 REPORT NO. P14354B1 PAGE 47 72 34-11J-2S 24 t*4B §2§7S w\rZATA BLVD W GREGORY H B^UG^SSY LONG LAKE FOm/TRACTOR 2§7S W WAYZAl^LVD P 0 BOX 447 / X LONG LAKE m 55354 yjf- 1 72 34-11B-2S 24 §§4B *§2§73 WAYZATA BLVD If GREGORY N SHAUGNESSY LONG LAKE FORD TRACTOR INC 2§73 W WAYZATA BLVD P 0 BOX 447 LONG LAKE HN 55354 72 34-11B-23 24 §§7§ §214§ DANIELS ST VB PROPERTIES LLC VB PROPERTIES LLC 125§ CRESTVIEW DR HUDSON WI 54§14 TOTAL BATCH 51§ §§§23 X CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF If^ORHATION AS XT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTHENT OF PROPERTY TAXATION, TO THE JEST OF HY KNOWLEDGE AND BELIEF. >ROfEITY TANATXON. TO TNEMj . • • ..A. V''i s .*• *!*• . I I - -- >, • « M McpTiNG MAH 2 5 2002 (->1 • t U^ UfUj/VO Application Date: 2/19/02 Completion Date: 2/19/02 60 Day Deadline: 4/19/02 REQUEST FOR COUNCIL ACTION Department Approval: DATE: 3/22/02 Name Wendy Bottenberg ITEM NO.: Title Zoning Adminstrator/Planner Agenda Section: Zoning Item Description: //02-2760 James Cusack 4140 Highwood Road Variances Zoning District: Lot Area: LR-IB One Family Lakeshore Residential District (I acre) 11,888.75 s.f. (.27 acres) List of Exhibits: A B Resolution Staff Report and Exhibits of 3/18/2002 Application Summary: The applicant o\\-ns the subject property and is requesting lot width, lot area and an accessory building without a principal structure variances to construct a new residence on the lot. The existing residence that was built in 1920 w ill be removed. A lot w idth variance is required due to the lot being 51 feet wide where 140' is required in the LR-1B zoning district. A lot area variance is required due to the lot being 11,888.75 s.f. (.27 acre) where 43.560 s.f. is required in the LR-1B zoning district. An acccssor>' building variances is required because Orono zoning code does not permit an accessory building on a property without principal structure. Currently there is an existing accessory building (detached garage - 20' X 22") located on the property. A garage is not proposed in the new residence plans, so this building will be the only garage/storage facility on the property. The applicants have submitted building plans for a new residence and the detached accessor)' building will remain. A hardcover variance in the 500-1000' setback zone is required because access to the detached garage is in the 500-1000' setback zone. This area is a very small portion of the property. It is also the only access to the garage and is provided via a driveway easement at the rear of the property. There is no feasible way to reduce the area of the driveway yet have it remain functional. The parking area adjacent to Highwood Road will also be retained. It is necessary' given the narrowness of that road. Note: The 250-500' setback zone will be at 29.3% where 30% is allowed. Crediting the 500-1000' setback zone with the unused 250-500' hardcover (77s.f.) Reduces the 500-1000' overage to just 109 s.f. 1. Section 10.24, Subdivision 5 (B): Lot Width: The lot is 51 feet wide where 140 feet is the minimum lot width for the LR-IB zoning district for new construction. 2. Section 10.24, Subdivision 5 (B): Lot Area: The lot is 11,888.75 s.f. (.27 acres) where 43,560 U. s.f. (1 acre) is the minimum lot area for the LR-IB zoning district for new construction. 3. Section 10.03, Subd. 9: (Accessory BnildiDgs): No accessory buildings or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. 4. Section 10.22, Subd. 2 and Section 10.S6, Subd. 16(LK2): Hardcover in 500>1000* setback zone: Within 500-1000' of the shoreline there shall be no greater than 35% hardcover. To permit 295.23 s.f (94.9%) hardcover where 108.88 s.f (35%) is allowed. PLANNING COMMISSION: The Planning Commission recommended by a 7 to 0 vote to: Approve the application as presented. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. J G 'S iiiirnA i A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) SECTION 10.03, SUBDIVISION 9, SECTION 10.22, SUBDIVISION 2 AND SECTION 10.56, SUBDIVISION 16(L)(2) FILE NO. 02-2760 WHEREAS, James D. Cusack and Christine M Grace, (hereinafter "the applicants”) are the owners of the property located at 4140 Highwood Road within the City of Orono (hereinafter "the City") and legally described as follows; Lot 36, Highwood, Lake Minnetonka, Hennepin County, Minnesota, (hereinafter “the property”); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit a new single family residence on a lot of .27 acre area and 51' width where 1 acre area and 140' width arc normally required; Section 10.03, Subdivision 9 to permit an accessory structure on a lot without a principal structure; and Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)(2) to allow 295.23 s.f. (94.9%) hardcover in the 500-’^00' setback area where 108.88 s.f. (35%) is allowed. WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on March 18,2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #02-2760. 2. The property is located in the LR-1B Zoning District, where 43,560 s.f. or I acre is the minimum required lot area. The property consists of approximately 11,888 s.f. or .27 acres. Page 1 cf 5 3. 5. 6. 1 he Orono Planning Commission reviewed this application on March 18,2002 and recommended approval of the proposed variances based upon the following findings: A. The property has been developed with a residential use since at least 1950. B. The site plan indicates the proposed setbacks meeting 10' side yard. 35’ front yard and 30' rear yard as required for LR-1B zoning district. C.The detached accessory building will be the only garage/storage space on the property. D.1 he lot size is consistent with that of other developed properties in the neighborhood. E.The adjacent properties on citlicr side of applicant's property are developed with existing single family residences, hence no additional land is available to make the lot larger. F.The residence and garage meet the 1 5% lot coverage by structures for the property. G.The hardcover variance is necessary because the 500-1000' zone which contains the driveway, is a very small part of the rear of the lot. There is no other hardcover that can be removed to compensate. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances will not adversely affect traffic conditions, light, air, nor pose a fire hazard or other danger to neighboring property; would not merely serve as a conv cnience to the applicants, but is necessar>' to alleviate a demonstrable hardship or difficulty; is necessaiy to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by Page 2 of 5 in I ail 111 the applicants and the effect of the proposed variances on the health, safet>' and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.24. Subdivision S (B) to allow new single family residence on a lot of .27 acre area and 51* width where I acre area and 140' width are normally required; Section 10.03, Subdivision 9 to allow an accessory structure on a lot without a principal structure; and Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(LX2) to allow 295.23 s.f. (94.9%) hardcover in the 500-1000' setback are where 108.88 s.f. (35%) is allowed. Approval is subject to the following conditions: I.Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. ,^uthorities granted by these variances run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (March 25,2003). Violation of or non-compliance with any of the terms and conditions of these variances 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 themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 25th day of March, 2002. ATTEST: Page 3 of S 1 Linda S. Vee, City Clerk Barbara Peterson, Mayor Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 25 th day of March, 2002 by Barbara A. Peterson and Linda S. Vee. Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notar>’ Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of. for said County, personally appeared , 2002. before me a Notai^' Public within and ________________ ____known to me to be the person(s) described in and who executed the foregoing instrument, and acknow ledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of.., 2002, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 4 of 5 Ui OQ lO O»-n 'V ■r/ / '>V 7/'-"~/ r-^Swi/^N HIGHWOOD Building Permit Survey ttmtL/9 MA imv. m «>i»« ia UiM \ *-: itimi l•■*l >0^mmt( I • 4m«m ym smssevi UiM, wfM0ymfm um Jim Cusack 1/31/02 %i y.LH 1^20' * «Mv^*«sr sss^«■M I aaT uSSmSm* 77 MM«I ^ ^ ** om LM»S®(2]!? Wsss 4/4^ iiui m X p- H«cr H- rt . • TO;Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg, Zoning Administrator/Planner DATE: March 13,2002 SUBJECT: #02-2760 James Cusack 4140 Highwood Road Variance — Public Hearing Zoning Dutrict: Lot Area: LR-1B One Family Lakeshore Residential District (I acre) 11,888.75 s.f. (.27 acres) List of Exhibits: A Analysis Worksheet Application Survey House Elevation/Floor Plans Hardcover Worksheets Plat Map Property Owner’s List B C D E F G Pertinent Code Sections: I. Section 10.24, Subd. S(B): Lot Width: The lot is 51 feet wide where 140 feet is the minimum lot width for the LR-1B zoning district for new construction. 2. Section 10.24, Subd. 5(B): Lot Area: The lot is 11,888.75 s.f. (.27 acre) where 43,560 s.f. is the minimum lot area for the LR-IB zoning district for new construction. 3. Section 10.03, Subd. 9:(Accessory* Buildings): No accessory buildings or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessorv. 4. Section 10.22, Subd. 2 and Section 10.56, Subd. 16(L)(2): Hardcover in 500-1000' setback zone: W ithin 500-1000' of the shoreline there shall be no greater than 35% hardcover. To permit 295.23 s.f. (94.9%) hardcover where 108.88 s.f. (35%) is allowed. Appf'cation Summary: The applicant owns the subject property and is requesting lot width, lot area and an accessory building without a principal structure variances to construct a new residence on the lot. The existing residence that was built in 1920 will be removed. A lot width variance is required due to the lot being 51 feet wide where 140* is required in the LR-1 B zoning district. #02-2760 Jim Cusack 4140 Highwood Road Variances 3/I3.*2002 Pagel . #1-4. ^ I • w A lot area variance is required due to the lot being 11,888.75 s.f. (.27 acre) where 43,560 s.f. is required in the LR-IB zoning district. An accessory building variance is required because Orono zoning code does not permit an accessory building on a property without a principal structure. Currently there is an existing accessory building (detached garage - 20' x 22') located on the property. A garage is not proposed in the new residence plans, so this building will be the only garage/storage facility on the property. The applicants have submitted building plans for a new residence and the detached accessory building will remain. Hardcover: A hardcover variance in the 500-1000' setback zone is required because access to the detached garage is in the 500-1000' setback zone. This area is a very small portion of the property. It is also the only access to the garage and is provided via a driveway easement at the rear of the property. (Exhibit C). There is no feasible way to reduce the area of the driveway yet have it remain functional. The parking area adjacent to Highwood Road will also be retained. It is necessary given the narrowness of that road. Note that the 250-500’ setback zone will be at 29.3% where 30% is allowed. Crediting the 500- 1000’ setback zone with the unused 250-500’ hardcover (77 s.f.) reduces the 500-1000’ overage to just 109 s.f. Statement of Hardship: This is an existing lot which was platted prior to current zoning standards. There is no additional land to combine with the property. The detached garage is in good condition and will be used as a garage. Issues for Consideration: 1. The lot was platted prior to current zoning requirements. 2. A residence previously existed on the property. 3. The detached accessory building is in good structural condition. «02-2760 Jim Cusack 4140 Highwood Road Variances 3/13/2002 Page 2 fer vor . • 4. There is no additional land to combine with the property. 5. The proposed new residence eliminates the side setback encroachment of the existing residence. 6. Other issues raised by the Planning Commission. Staff Recommendation: Staff reconunends approval of the requested variances. «02-2760 Jim Cusack 4140 Highwood Road Variances 3/13/2002 Page 3 . *1 . a ANALYSIS WORKSHEET LR'IB Lot RcquiremcDts LR-IB Lot Area Lot Width Required 1 Acre 140‘ Actual .27 acres 51' Structural Coverage Hardcover Calculatious Total Lot Size Total Structural Coverage Percentage 11,888.75 s.f.Existing: 1,432.13 s.f. Proposed; 1,769.33 s.f 12% 14.8% Distance from Shoreline Total area in Setback Allowed Hardcover Existing Hardcover Proposed Hardcover 250-500' 11,577.8 s.f 3,473.34 s.f (30%) 3,346.86 s.f (28.91%) 3,396.17 s.f (29.33%) 500-1000’311.1 s.f 108.88 s.f (35%) 295.23 s.f (94.9%) 295.23 s.f (94.9%) iirifin 6 CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S2S0.00 (S50.00 per each additional variance) Renewal Variance Fee $130.00 (no change from original application) Variance for non-confonning structures $230.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION - Site Address H! if/) K/l( Property Identification Number (P.IJ).)^^-1 / 7 - i AppBcation # ^i!7LO Date Received Amount Paid <ifecAS<D. Property Identification Numbef (P.1D.) O'!-U'1-^3--003 0 Attach legal description to application if not included on required survey. Date Property Acquired______________________ I (do) (do not) also own the adjacent parcels of land. Present use of property: V residential ___pother (specify) Zoning District: ____________________ ,(month/year) APPLIC.ANT, A , Name VCm'ieS dU6CcOl<^ ________ Address: HI*4D /LcL citv OW*NER (if different than applicant) Name Phor.e (home) ^5Si’ 77^f/ ___ Phone(work) xVj'.JAoono^ ~ Zip:~f5;o^4 Address:City: Phone (home). Phone (work)_ Zip:. DESCRIPTION OF REQUEST Estimated ConstmeUon Cost $ /Cf 0,000 Describe request in detail: 'flM. OOt^AJ (attach additional sheets if necessary) VARIANCES REQUIRED X Lot .Area Lot Width Setback:Front Side Hardcover Rear .Lot Coverage Average Lakeshore -X Other (specify) /fccL. uJo HARDSmP/DESCRIFTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficidfy or unusual property conditions preventing compliance with Zonmg Code requirements: L^-/-r^r'iCr-^ T)74ri oTi \a.r^• * u (J (jattach additihiial shi(attach additih^ sheets if necessary) o ('O CQ =*1: C> Cfo 0^ m.r N 0^ t n v4 au j h 3 A >“m 01u i:o X > QL H Z D Oo •inoiViMr >^rvr- Ca M «4 •• 9 H 9 a I M «4 Im y IL PRONTELB/ATION W- I'-Cf ■rtniiiTiifc'iiwiiiiiriiiifritf I .. ________ r ■ ‘wA- f J.J*^-'•r iK -'#^A^f^T - I IL Ih O .f N 0^ t «4 a y j K 3m >m 0 yco X > tf H X Oo E C 10 •0 o 9 m ti I M «4r PI y IL o c ■ (■ J a,1 I i r* • • C'l A ' • 0. fi 94 QL y j 3 A > A A yso X > X hz 3 Ou c « ♦ «4 •• oo i 4 ZD TO H A Am A I A «4 I A y y 2*-0*54‘-0* i‘i«> .1 ■• t I • K ' • • I i * I I ir I i ~i III I n II I I 11 ■ r iimint ■ fti ■-• rM V-C-r^ W1 ■ i«- k lf>m • ♦ N Ok Cl v4 0 flC y j h 3m >m y y E Oz > « >•z 3ou £ «4 Mm am 0 M 1 v4 A y y 1 kH” ^*.n •. • ■ I ?.) a ■ )■ .;*Vi» . Q; nR5T FLOOR PLAN 1062 5.P.I/O*- r-o* •J rtuAaaf lOA^yat|2<dCa£llifil .* • • ? <• I HAIO>COVER CALCULATION WOR^ SETBACK ZONE: (CIRCLE ONE) MS’ 7S-250* /^O-SOO’ ■pTg^TIMft HARPCOVER TN ZONE A. Hoaie ______• * LiB|± X X X B. 'Oarage •*. . *« C. Driveway ; •• • * * ^ • • • • % . X X D. Sldewdk X X E. Fatlo/Declc X X X X X G. Other K/Of TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A • - . B.xlOO PROPOSED HARDCOVER IN ZONE House ^ Lis|^ X X B. Gange C. Driveway X X D. Sidewalk X X E. Patio/Deck pi^O.U' X X F; Uadjcy (fs x X X O. 0±er TOTAL HARDCOVER IN ZONE ‘ nsnts xioo' 500-1000' ■ ^ fS.P. S.P. S.P. s.p. • S.F. *4i4J(fi si. ~s.F. S.F. S.F. S.F. S.F. *V^. s J. /Sfa^.77 S.F. Vq______1'S.F. 5.F. 7 S.F. //,<7'7^£> _S.F. ion A.S.F. S.F. S.F. S.F. ___S.F. i4-l4-. lip S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. ^•?94p./7^S.F. I « A J *» hardcover calculation worksheet SETBACK ZONE: (CIRCLE <K<E) 0-75* 75-350* 250-500*5^-1000* re HARDCOVER IK ZONE A7 House ______• . X S.F. Ltasft ■WA X X X S.F. S.F. S.F. .. B. 'Otrsge •*. • • • • Diiveway • • •• *• • S.F. X X P. Sidewalk E. Pado/Deek F. Landse^e Uodetlain By Plastic Or Fibiie X X X O. Odier TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A • • Ag +., B l X100 .. PROPOSED HARDCOVER IN ZOiNE K. House ____________ X Luiei width X X X B. Garage C. Driveway X X De Sidewalk • ^ • X X E. Patto/Deck F; Laadscape Uudedala By Plastic OrFd)cIe X X O. Other TOTAL HARDCOVER IN ZONE * TOTAL PROPERTY AREA IN ZONE* - - A . * B .^rf.fO xtoo ^ " ' i * • • ^3' S.F.' . •* S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. ://. / S.F. J o fi 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. to T ^ M A (• 1 ffpf/lc -W-O r •:v 'Oi- ti’i'-:^^ y .* • S?‘ :f' -^^ym ^vy^cmm C^ Comfy, mdsti 0i^' '■ BBr'y:I W«* w«%w. .w js ____«l RUN GATi #2/l9/t2 RATCN SfS NCNNCflN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PIASMfl PARE 7 OWNER NAME TAXPAYER NANE/AOOR PROP AOOR OWNER NAME TAXPAYER NANE/AOOR PROP AOOR OWNER NAME TAXPAYER NANE/AOOR PROP AOOR OWNER NANE TAXPAYER NANE/AOOR PROP AOOR OWNER NANE TAXPAYER NANE/AOOR PROP AOOR OWNER NANE TAXPAYER NANE/AOOR M RT-UT-XS AA MIS •AllA NIONWOOD RD 0 W t J L APPLEOAIRf OEOROE W/JOANNE L APPLERAUH AIRA N16NW000 RO HOUND NN 55SAA M t7-117-25 AA iilS •A1A9 NIONWOOD RD LARRY W RARKELA LARRY W RARRELA AIAA NIONWOOD RD NOUND MN 553AA SO 07-117-23 AA 0019 0A15A NIONWOOD RO FRANCES W WILSON FRANCES TESAR Also NIONWOOD RD NOUNO HN 5S34A SO 07-117-23 AA 0020 0A1A7 NIONWOOD RO NERLIN L NALVERSON MERLIN L NALVERSON A175 NIONWOOD RO NOUND NN SSSAA SO 07-117-23 AA .0021 0A175 NIONWOOD RD MERLIN L HALVERSON MERLIN L HALVERSON A175 NIONWOOD RD MOUND MN SSSAA SO 07-117-23 AA 0022 0A19S NIONWOOD RD D M SMITH 0 R 0 SMITH DOUGLAS N • RORAN G SNITN A195 NIONWOOD RD NOUNO NN SSSAA I SO 07-117-23 AA 0027 OAIAA NIONWOOD RO R D 0 A L RUNSCN ROOERT 0 ANY RUNSCN AlAA NIONWOOD RD HOUND NN SSSAA 30 07-117-23 AA 0020 OAISO NIONWOOD RO J L OAKKE I S N GLYNN JON L DARKE Also NIONWOOD RD NOUND NN SSSAA SO 07-117-23 AA 0029 OAIAO NIONWOOD RO JANET L EIDE JANET L EIDE AlAO NIONWOOD RO NOUNO MN SSSAA SO 07-117-2S AA 0030 OAIAO NIONWOOD RD J 0 CUSACK 0 C N GRACE C GRACE 0 J CUSACK AlAO NIONWOOD RD MOUND NN SSSAA 30 07-117-23 AA 0031 0A1S2 NIONWOOD RD SCOTT G I CATHERINE ANDERSON SCOTT G 0 CATHERINE ANDERSON A1S2 NIONWOOD ROAD HOUND NN SSSAA SO 07-117-23 AA 00S7 00030 ADDRESS UNASSIONED JANES N CLEARY JANES CLEARY A109 NORTH SHORE DR HOUND NN SSSAA <• . ) 30 07-117-23 AA OOSO OA109 NORTH SNORE DR JANES H CLEARY JANES CLEARY A109 NORTH SNORE DR HOUND NN SSSAA SO 07-117-23 AA 0039 00030 ADDRESS UNASSIONED JANES H CLEARY JANES CLEARY A109 NDRTN SNORE DR NOUNO NN SSSAA 30 07-117-23 AA 0003 OISSS NIONWOOD LA ERICK G t LAURIE S CELHS ERICK 0 0 LAURIE S CELNS 1S3S NIONWOOD LA HOiRO MN SSSAA SO 07-117-23 AA OOOA 0A12S NIONWOOD RD JONN W 0 ROOERTA J NENRICN JONN W t ROOERTA J NENRICN A125 NIONWOOD RD NN SSSAA SO 07-117-2S AA OOOO OAllA NIONWOOD RD PNILLXP N OTTO PNILLXP N OTTO AHA NIONWOOD RD MOUND MN SSSAA TOTAL OATCN SOS 00017 MTlOOi ' 1 F iiT iiKiiili ' REQUEST FOR COUNCIL ACTION ticpTiNG MAR 2 5 2002 Cl I Y or UHUNo DATE: March 20.2002 ITEM NO. Department Approval: Name Paul Weinberger Title Zoning Administrator Adminbtrator Reviewed:Agenda Section: Zoning Item Description:#02-2763 Clayt and Julie Tabor 960 North Brown Road Sketch Plan Review Zoning District:RR-IB - Single Family Rural Residential District (2 acre) List of Exhibits A B C D E F G H Plat Map Land Use Map Zoning Map Memo - Mike GatTron Regarding History of 960 North Brown Road R.L.S. No. 926 ca. 1980 Plat Map Current Plat Map Neighborhood Petition Application The property owners have requested a Sketch Plan Review to split two lots previously combined. 1 he lots were combined in 1984. The Sketch Plan Review is the first of a three-part subdivision process. 1'he Sketch Plan Review is intended to be a review of the site concept. Typically, the Sketch Plan Review is only done at the Planning Commission level. The Planning Commission reviewed the Sketch Plan and has requested the Council also review this particular application because it would require either rezoning or granting of a lot area variance. The Planning Commission had a consensus that this individual request is not consistent with the City's Comprehensive Plan, Zoning Ordinance, and Subdivision Ordinance. Minimum Lot Standards Zoning District: LR-1A Minimum Lot Size: 2 acres Minimum Lot Width: 200 ’ 1 he property totals only 3.66 acres. Based on the property having only 3.66 acres it is not possible to subdivide the property without granting a lot area variance for one of the properties for a lot less than 2 acres. If the properties would be split along the old property line a lot w idth variance would be required because the lot would have frontage along the street of less than 200 ’. Mike Gaffron, Orono Planning Director, has prepared a memo that provides a background history of the 960 North Brown Road property. The memo is attached as Exhibit E. I #02-2763 Clayl and Julie Tabor 960 North Brown Road Pape 2 of 4_______________ City Policy Relating to Combined Parcels The City of Orono has encouraged parcels held in common ownership to be combined when properties do not meet minimum requirements for lot area and/or width. Properties being combined require City approval. The City of Orono’s approval assumes the property becomes one individual lot. Following a property combination it is assumed the common property line effectively disappears. A building could be constructed over the previous property line and no setbacks to the property line are required. The remaining parcel functions as one lot. A subdivision to separate combined parcels is required in all cases where lots, have been combined. Section 11.03, Subdivision 2.66 of the Subdivision Ordinance defines the separation of lots previously combined as a “Class I" Subdivision, which means that they are exempt from platting, but still require approval via the subdiv ision process, and arc still subject to minimum lot standards. History of Creating New Building Sites Not Meeting Minimum Lot Area Requirements Staff has been able to identify only two occasions when a subdivision was approved that created lots less than the required lot area for the respective zoning district since the rezoning of the City in 1975. Flat of Bavside Beach - 1980 The Plat of Bayside Beach was a 3 lot plat that created three residential lots and a common outlot that is used as a shared driveway and also contained a shared septic sy stem until the Stubbs Bay area was sewered. The total area of the property prior to subdivision was 2 acres. Three-'/: acre building sites were created with one-'/: acre common outlot. The owners of the property requested the City change the zoning from B-2 (Commercial - Marina Use) to residential. The property was rezoned to LR-IA which is a 2 acre residential district. Effectively the property was “down zoned" from commercial to residential. Rather than rezoning the property a '/: acre residential district, the City chose to rezone the property the 2 acre LR-IA district, and grant lot area and lot width variance as ail the surrounding properties were zoned 2 acre. 1980 was the final year the marina operated, before the rezoning to residential. The 1980 approval allowed a total of 55 boats on the property and w ithin the individual slips. Plat of Blue Hill - 1994 The Plat of Blue Hill resulted in a two-lot plat of a 3.24 acre property in the 2-acre residential district. The basis for the approval of the lot area variance to allow one lot less than two acres in size dated back to a 1980 Council resolution which was adopted during the process of assigning sewer units to the Minnetonka Bluffs sewer project. That resolution appears to anticipate that the City would either grant a future lot area variance as part of the future subdivision of the property, or to rezone the individual lot to a I-acre #02-2763 Clayt and Julie Tabor 960 North Brown Road Page 3 of 4 ______________ district. Following the 1980 sewer project the property owner did pay a sewer assessment assuming future use of one of the two lots as a sewered building site. Rezoning the property to 1-acre was inconsistent with the Comprehensive Plan. Other properties in the area are all zoned 2-acre. The Council approved one lot to be less than 2 acres based on the “agreement” that had been made by the 1980 resolution between the City and the property' owner. The MUSA separated the property to allow one lot to have sewer access and the second, larger property was outside the MUSA. Based on the number of subdivisions that have been approved in the City of Orono it would be precedent setting to approve this proposed subdivision. An approval of the subdivision would certainly open the opportunity for many properties in the City that have been combined or are nearly large enough to subdivide to potentially do so. The two specific cases noted above had some unique situations and history behind them to justify variances. Comprehensive Plan The property has been guided for 2-acre rural residential development by the 2000-2020 Com" ..itHsive Plan. The property has been zoned 2-acre since at least 1967. One recent change to the property' is its' recent inclusion into the MUSA allowing sewer connection to the property. The provision of sew er to the property does not change the rural character intended for the district and the land use classification. The Sewer Policy Plan, within the 2000-2020 Comprehensive Plan states “Orono's urban and rural areas provide distinctly different lifestyles, amenities and services which jointly benefit the community as a whole. Each area has separate planning priorities and separate environmental considerations. Urban areas and urban services will not be permitted to encroach on or destroy the rural community." (CMP 4C-6) The property is defined as a rural area in the Comprehensive Plan. The closest area to the property that is defined as urban would be the Sugarwoods neighborhood. The general sewer policy goes on to say in order to protect Lake Minnetonka from the severe negative impacts of e.xcessive stormwater runoff that would be generated by development densities in e.xcess of I home per 2 acres. Orono will not allow residential development in the rural are» at densities greater than I home per 2 acres. Sewer has been provided to a number of areas that are defined as rural areas. Generally the preferred method of sewage disposal w ithin the rural area is an individual on-site sy stem. The rural areas that have been provided with sewer service have done so because the lots were developed prior to the adoption of current zoning standards. Many of the lots are substandard and had non-compliant or failing septic systems. The size of the properties did not provide for future septic sites so the logical solution was to prov ide sewer service to those areas. Neighborhood Petition The applicants have provided a petition signed by a number of surrounding property owners. The petition is attached as Exhibit H. #02-2763 Clayt and Julie Tabor 960 North Brown Road Page 4 of 4 ___________ Staff has received one call from a concerned property owner in the area that they had received information that the property may be available for a future town house development. Staff advised the neighbor the zoning of the property would not permit a town house development. The caller also stated they were not in favor of the development that would create a second building site. Planning Commission Review The Planning Commission in not required to take a final action on a Sketch Plan. They did have a consensus that the proposed lot division would not be consistent with the City’s philosophy on rural zoning districts. The granting of a lot area variance has the potential to set a precedence for lots that are close to. but do not meet the minimum requirements for subdivision. Planning Commission also requested the Council review the application to determine if the proposed lot area variance is something that would be considered for this individual application, and other similar requests in the future. Staff Reeommendation Staff requests the Council reviews their policy on lot divisions that would create sub-standards lots and/or spot zoning. Staff has reviewed the individual sections of the zoning and subdivision ordinances as well as the Comprehensive Plan and has determined the proposed division is not consistent with what the City of Orono has been doing since the 1975 zoning of the City. If the City of Orono were to approve the request as presented the Cit>' would also have to review the goals and policies within recently adopted Comprehensive Plan and Zoning/Subdivision Ordinances. l|V| Long LaL^ ’/§ » .! ’ 1 West Arm p I1 ■WMAM Lake Minne Spring Parli Bay Land Use Plan 2000 • 2020 City of Orono Minnesota + =1 Rural Residsotial 5 Acrg Minimum Rural RaskSantial 2 Acra Minimum Urban Retidantial 1 Acra MMmum Urban Ratktontial 0.5 Acra MNmum Urban Raiidanlial Madium Oantity SFR/Mf R Commardal Irxfufl/ial Park. Recraation arvl Optn Spaca PubNc. SamFPublic Oran Water RigM^Way MAP 3B-6 »____p____________^0 To:Paul Weinberger From:Mike Gaflron Date:2/27/02 Subject: Background Information on #02-2763 960 Brown Road North Here is some additional background information regarding zoning and past subdivisions and combinations involving the subject property: July 10,1950:Township ordinance adopted which zoned the portionofOrono including this property as “North Orono District”; no lot size or width restrictions. As of mid 1950's: The property was unplatted and included all the land that was later platted as Long Lake Country Club Addition. September 12,1955: Village of Orono Ordinance No. 7 adopted, establishing that all building lots in the Village must have at least 15,000 s.f. area and 100' width. February 10,1958: Village Ordinance No. 15 increased minimum lot size to 25,000 s.f./120*. October 12,1959: Village Ordinance No. 22 increased minimum lot size to 1.0 acre/140'. June 17,1960:RLS 926 filed, creating Tracts A, B and C; existing residence on Tract A. September 14,1961: Tract C was platted as Long Lake Country Club Addition. Post-1962/Pre-1970: Tract A was split into two tax parcels: N. 160 ’ (43125-3010) and S. 72’ (43125-3020). Additional research of County records is needed to determine exactly when this occurred; however, it is clear that the S. 72 * of Tract A would not have been buildable when it was created, as it was only 0.66 acres and 72'in width when 1.0 acre/140 ' was required for any building site after 10/12/59. Also, if it was split off after 9/14/67, the N. 160' of Tract A would have also been unbuildable because it was only 1.46 acres where 2.0 acre/200 ' width ivas required. September 14,1967: New zoning code adopted, created new zoning districts. The area including subject property was rezoned as R-IA One Family Residential District requiring a minimum lot size of 2 acres/200* January 1,1975:New zoning code created new zoning boundaries and district; subject property included in LR-1A One Family Lakeshore Residential District, requiring a minimum of 2 acres/200' May 9,1984:Until this time Tracts A and B had remained as three tax parcels: N. 160 ’ Tract A (43125-3010) PINS #27-118-23 43 0011 S. 72’ of Tract A (43125-3020) PINS #27-118-23 43 0012 Tract B (43125-6000) PINS #27-118-23 43 0010 In May 1984 the 3 parcels were combined into PINS #27-118-23 43 0025 and have remained as a single parcel since then. September 15,1997: Warranty deeds from Alvord to Tabor included Tract B and N. 160 ’ of Tract A on one deed and S. 72’ of Tract A on separate deed (I don ’t think this is relevant, but interesting). #02-2763 February 27,2002 Page 2 The basic Ct’iy premise is that the entire property as it exists today is only 3.66 acres. The legal descriptions in County records exclude the road, and the plat ma|>s have shown the toad at 66' width since at least the mid 19S0's. Subdivision code Section 11.03, def. of Lot Area, Minimum excludes right of ways and road easements from the calculable lot area for subdivision, so the lot area cannot include the 33* used for Brown Road. Section 11.02, Subd. 10(AX6) prohibits the granting of a variance that would vary the minimum requirements for a lot as set forth in the zoning chapter as applied to the entire subdivision; this has bem interpreted to mean that within a subdivision, while some lots may be slightly undersized and others sli^tly oversized, the average of all lots must meet the standard. In practice, we have rarely allowed guy newly created lots to be undersized even when the subdivision average is conforming. Section 11.03, Subd. 2.66, Definition of “Subdivision, Classification”, defines the separation of lots previously combined as a Class 1 Subdivision, which means that they are exempt from platting but still must be approved via the subdivision process, and are still subject to the minimum lot standards. Zoning Code Section 10.03, Subd. 6(C) disallows the separation by transfer or sale of cormnonly owned non onforming undeveloped lots in a contiguous arrangement, except when ^proved by Council. Therefore, even if Tract B or the S. 72' of Tract A (both vacant) had never been legally combined with the N. 160' of Tract A, it could be argued that merely selling off the vacant parcels would be prohibited without Council approval, and each of these would have required a variance in order to construct a home on them. LMHU dUKVCI NiNNirili COUNTY* MINNISOTA •• • oooru IMM MOlMClir. • OCNOTCS JIOICIAL UNOIMMC. Mm. INO KALCi !• - liO* im. ricio A Nom I Mr^by c«rt4fy tfisf In nccordnnct »:th tht provisions of Chspttr 90t« Aisfitsots Atsfofis of 1949**00 oaonbod* I tiovo survoytd tht following dtscribtd frscf of find Ih tht County of NonnopIn ond Ststo of Alnnt^oto* towlti Ml i 4JI0 K ^>1 15 l7o.. QL^» - * c' irfc /92 LAKEVIEW,....fcS;jJ7 "V (•*) 4l» 2510 •on 0»» \x: ♦- V« 117*14 44-C 414 o«V a (JIW\ i3s:i£u (to) £| r litfT I (j'') (t®^ 2 ?t ^ ^&' (a^ 1^ •50-lV ^ 43^ WiLy' .»i>.ff ^ Ft^%r. W*7pT N 5 i£> 24 ------^ _ iiM7 li^.4 5ff7*3?7/-£• iflO ICSJ \ K 22 20 359. Z^' ^ynsp^ i?r th^ 1 s?»i?I •• * ^1 * ••» V* • * , 2^0.12 (X^) i^ I ■gon 'SLW UA'i »g» H9T?^ iv^V \ . .N Qo^q) •0.C9 ooc 4m*t A i-(Tog) A |- <30 S«T*34iot_______ COUNTRY CLUR 'iSn ■ 60.T r iira •tST §>:(2eip § h5^> •W 4si i -<30_j|g^j£5^. Jit (oa 5^. I 13. ** >1. a»jT w Si7*5S'rc 77.59 323.4 ?60J? R 1^'.' 1A $<3) « rs« *. 46.T» !^ovt ■> lR-i a M7*47 ‘Sr* PUSS 106.93'* outlot c; _J24) 51.36 (18) 103.35 3«350 5 err e/i T :. ;...• ..• MS.6 liO.Oi T?rr “ jei (BROWN V.; 'X • • • • m We, Clayt & Julie Tabor, are in the process of asking the City of Orono to allow us to sub-divide our property into two parcels. This would allow us to tear down the existing dwelling and replace it with a new home. A new home could then be built upon the adjacent lot. We would appreciate the support of our neighbors. Name Address Signature jOoA/a Ic } j4.1cj>nvc^m < rnyrt/y/A C au H' /hv cjio / S’ \Jt!rd/i j-fif £ A \3nrou,'i^ ^d- aJ Di^yu^ 4/Ai ?0^ &7)/6VT }?J a/. /(//{/ a J' Lcrv^ l-rj/t , AU yjai?* ^CTM y /Vi 'A/, CVlt2Ai> 6ui-d) CM~q. ^4 /yi\^ !^0lit^ (t\^C6U /gpo ^’^<Xvn,.y1i<u:^c I I (^2^ C€\i^C^ (^(JTUA- ^.. fO - Lu ~eyr> i uidMJ— ^i*5 K(^ovOn ^d.Lk.M(v/ VA, j- cr'L(i4^I » 9(po a^. LsiM^^^yy\K))4-^ I ouKr — \ C i-p^. in^tLuJ /^/ lf<_^!g»/K^*g»- n Lo iiJ‘ . A’O uy f^az^r-v»> f^cf ^/M^(a43[ Of L^^S^nKSuO JLrlA^ Ij^jC / 9^ C!!/jlu4> ^<>0 /t^, "ifrOiA/n '^/P^ |v ^6 /L» /'■4rvfl^ ^piX> r9o ^ ^ ^a.it.Ltfl. CJh 1 P(^/f /ftO^ /if I06>0 hi. m. 4 4U i^3ts j^g<y(y(1K>1[»-> UJ?^97^ “''ctiNQ Application Date: 2/26/02 Completion Date: 2/26/02 60 Day Deadline: 4/26/02 2 5 2002 UM V Ur Onoivu REQUEST FOR COUNCIL ACTION Department Approval: Name Wendy Bottenberg Title Zoning Adminstrator/Planncr DATE: 3/22/02 ITEM NO.: 17 Agenda Section: Zoning Item Description: 002-2765 David Carlson C/O Wilson Management Ltd. 740 Willow Drive South Variances Zoning District: Lot Area: RR-IB 45,216 s.f. One Fairily Rural Residential District (2 acre) (1.038 acres) List of Exhibits: A Resolution B Staff Report and Exhibits of 3/18/2002 Application Summary': 1'hc applicant has a purchase agreement on the subject property and is requesting to renew lot area and lot width variances to construct a new residence on the lot. I hc existing residence that was constructed in the early I970's was removed per a demolition permit in December. 2000. The previous owners of the property applied for and were granted lot area and lot w idth variances in February 2001. They did not build the proposed residence on the property. The lot is approximately 1.038 acres where 2 acres is the minimum required area and approximately 162' wide where 200' is the minimum required width to construct a new residence in RR-1B district. 1. Section 10.28. Subdivision 5 (B): Lot Width: The lot i.s 162 feet wide where 200 feet is the minimum lot width for the RR-IB zoning district for new construction. 2. Section 10.28, Subdivision 5 (B): Lot Area: The lot is 1.038 acres where 2 acres is the minimum lot area for the RR-IB zoning district for new construction. PLANNING COMMISSION: The Planning Commission recommended by a 7 to 0 vote to: .Approve the application as presented. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. i A RESOLUTION GRANTING VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B), FILE NO. 02-2765 WHEREAS, Wilson Management Ltd., (hereinafter "the applicant") is the owner of the property located at 740 Willow Drive South within the City of Orono (hereinafter "the City") and legally described as follows: Lot 11, Block 1, Webber Hills, Hennepin County, Minnesota, (hereinafter “the property”); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.28. Subdivision 5 (B) to permit new residential construction on a 1.038 acre lot where 2 acres is required and having a lot width of 162 feet wide where 200 feet is required. WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on March 18,2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono. FINDINGS 1 . This application was reviewed as Zoning File #02-2765. 2. The property is located in the RR-IB Zoning i)istrict, whereacres is the minimum required lot area. The property consists of approximately 1 .038 acres. 3. The Orono Planning Commission reviewed this application on .March 18. 2002 and recommended approval of the proposed variance based upon the following findings: A. The property has been developed with a residential use since at least 1970. Page I of 5 B C The residence on the property was demolished by permit in December 2000. The site plan indicated the proposed setback 30' to the side property lines. 75' to the rcjtr property line and 53' to the front property line, which meets the minimum requirements of the RR-IB zoning distriet. The subject property received lot width and lot area approval by the City Council on February' 26.2001 to construct a new single family residence. E. F. The lot can be developed without the need for further variances. There is no additional land to combine with the property. 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 will not adversely affect traffic conditions, light, air. nor pose a fire hazard or other danger to neighboring property; would not merely ser\e as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preser\e a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variances on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to allow new residential construction on a 1.038 acre lot where 2 acres *s required and having a lot width of 162 feet where 200 feet is required. Approval is subject to the following conditions: Page 2 of 5 iiiKcuacisataJ 1.Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council rev iew. 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 these . ariances will expire on that date (March 25,2003). 4.Violation uf or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5.The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, his successors and assigns, hereby agrees to the recording of this resolution in the Chain of 1 itle of the property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 25th dav of Merch, 2002. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HEN'NEPIN ) The foregoing instrument was acknowledged before me on this 25 th day of March, 2002 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota Page 3 of 5 fgunataitJMitMjiMu municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ss. ) On this day of, for said County, personally appeared 2002, before me a Notary Public vvithin and _____known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA > ) ss. COUNTY OF HENNEPIN ) On this dav of ., 2002, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 4 of 5 * • TO: Chair Ha^\’n and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg, Zoning Administrator/PIaimer DATE: March 15,2002 SUBJECT: #02-2765 David Carlson/Wilson Management Ltd. 740 Willow Drive South Variance Renewal — Public Hearing Zoning District: RR-IB One Family Rural Residential District (2 acre) Lot Area: 45,216 s.f. (1.038 acres) List of Exhibits A Application B Site Plan C Elevation Views/Floor Plans D Location Map E Staff Report and Exhibits of 2/26/01 Pertinent Code Section: 1. Section 10.28, Subdivision 5 (B); Lot Area: The lot is 1.038 acres where 2 acres is the minimum lot area for the RR-IB zoning district for new construction. 2. Section 10.28, Subdivision 5(B): Lot Width: The lot is 162 feet wide where 200 feet is the minimum lot width for the RR-IB zoning district for new construction. Application Summary: The applicant has a purchase agreement on the subject property and is requesting to renew lot area and lot width variances to construct a new residence on the lot. The existing residence that was constructed in the early 1970’s was removed per a demolition permit in December, 2000. The previous owners of the property applied for and were granted lot area and lot width variances in February 2001. They did not build the proposed residence on the property. The lot is approximately 1.038 acres and the minimum lot area requirement is 2 acres. A lot area variance is required to construct a new residence. The lot is approximately 162’ wide where 200' is the minimum lot width required. A lot width variance is required to construct a new residence. This property is now included in the MUSA. The Webber Hills area was connected to city sewer in the summer of2000. #02-2763 David Carlson/Wilson Management Ltd. 740 Willow Drive South Variance Renewal 3/15/2002 Page I r ANALYSIS Lot Area and Yards: RR-IB District Standards RR-IB Lot Area Lot Width Required 2 Acres 200' Actual 1.038 Acres 162* Statement of Hardship: This is an existing lot which was platted prior to current zoning standards. Issues for Consideration: 1 . The lot was platted prior to current zoning requirements. 2. A residence previously existed on the property. 3. There is no additional land to combine with the property. 4. The proposed site plan meets all setback and lot coverage requirements, and the lot is not subject to hardcover limits. 5. Other issues raised by the Planning Commission. Staff Recommendation: Staff recommends approval of the requested variances. To obtain a building permit the new residence must meet all height requirements, setbacks, and grading requirements. #02-2763 David Carlson/Wilson Management Ltd. 740 Willow Drive South Variance Renewal 3/15/2002 Page 2 CITY OF ORONO - VARIANCE APPUCATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original q;)plication) Variance for non-confonning structures $250.00 After*the-Fact Fees (Double application fee) AppBcaiioD # l^te Received Amount Fdd w SO. c r> PROPERTY INFORMATION Site Address 1^0 LU>Wcf<Ju Property Identification Number (PJ.D.) 0 311"! 3. Attach legal description to application if not included on required survey. Date PropgSY Acquired____________________________________ I (do) (^n^ also own the adjacent parcels of land. .(month/year) Present use of property: Zoning District:______ residential other (specify). applicant ; _ , Name . Address: Phone (home) ^ ~ ____ Phone (work) City: S _____Zip: AAV OWNER (if different than applicant) Name Address: 2a I ________ Phone (home). ____ Phone (work)_ City:Zip: DESCRIPTION OF REQUEST Estimated Construction Cost $ ~1So,o^o Describe request in detail: Lov s_____ (attach additional sheets if necessary) VARI^'CES REQUIRED ^Lot Area ^ Lot Width Hardcover Lot Coverage Setback:Front Side Rear Average Lakeshore Other (specify) HARDSmP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with 2^ning Code requirements:.^__________________________^________ (attach additional sheets if necessary) 7r fe!u iiUilaaiai REQUIRED SUBMITTALS 1. 2. 3. 4. 5. 6. 7. 8. Completed Application Form wi*in 150', labels and plat map (you Fina r^*t^n*?*r***^r!**^ * ““** Hennepin County Department ofFinance, A-603, Govt Center, 348-5910). Certificate of Survey (signed by a licensed surveyor) and include hardcover rep?oduSon.“ "" ^^graphic surwy (existing and proposed elevations) if any changes in existing grade w proposed. In addiUon, provide one (1) copy 8'/a" x 1 1" for reproduction^ Sketciws or plaw of floor & elevation views (provide one (1) copy 8'/a" x 11") ? ^ 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. lari a nct ap'^l it^tnTn^ wITlm th?ab!“ve APPLICANT'S SIGNATURE The applicMt hereby agrees to provide all information required or requested by the Zoning Admimstrator, agrees to pay additional fees (staff time not covered by original fee payment) V 7^Tf application, and certifies thl^ theinformation supplied is t^e ^ytorrect to the best of his/her knowledge. -----------------Date ^/^cfoz.Applicant's Signature V OWNER'S SIGNATURE Owrner’s Signature Date •% *# r .*• V “'T'.’t V N il f 1 0 -V..* y $•# jA a jria#«'lsr I-A an A cS EiM&NlT UJiuu«^uJ pe.^ic?e.HOB- -2. '2.c^-02— —.rim.. 0 ■feJslO ........... t vV^N tA. e.M UJIUU<!»Ul i:5*2JN/.e^..42iB.£,ll;7B.M<i/E- ■2. '2.^-02. • •• »♦ • ••• •«%•>*« ••• •• ^•»a •*».•••••■«« \ im ' r ~tm li^mi 0 t^^VM»|Z. « MA z- r ') c:) I • ')i f vJiu-«»^N Man Ail e.M&^^•T ^0 *t* - *i'i’ >9 • • •. UJ iuu<s>ui Otzive-. (Ze^ic?eHc:«.. <2Pp.c5)M -2. “2e' <52- i4 ‘ —A . . . r- .r .rm • 1- A . . . . • .... • 7 .-i * ’fr’ 1*0 t,A K*U •• ir •c .A. *sA 4^ -i OfM^ I ^"7^ ^f=#• ‘ - ..VsMU4»<s?M NAAMA<Sife.Me.KiT C0v«rz4»O HM-ney i - |=v r&c.M UlLL^W pl2l\/fe_- f?e^»lOCJMCfeL_ ) t • r-ni mJ £□f=t-<S%Pf2. PUAKi . 1^" - A. . C-. •Vi,*. • "i-h: ••• ••••*•4 •••'•« ^a«» I. |4 •ftft«nU4.'#Stt»<'taMMT^.Ar A.ft»tt-]kk-*- r • ;•?» •7^2 (vWJA^te.M&NJT -UllLLdkl Pizivyfe.C ^2x10 PUa3fe- FLAM - I'-v?' 4 ' f • ,<.rt^«AT,iiniii[Mrii o N t*. kiiu<5uy Ptfiv/e, |2c^nc>e.Kic:^ C5R-e5>Mc:? X t ‘ 'l (.: vi.e>. t=uasB- puam M *. W \' «22a • s:- ! * «v-jimgk Application Date: 1/19/01 Completion Date: 1/19/01 60 Day Deadline: 3/19/01 Department Approval: Name Wendy Bottenberg Title Zoning Adminstrator/Planner REQUEST FOR COUNCIL ACTION DATE: 2/22/01 . . ITEM NO.: / / Agenda Section: Zoning Hem Description: Mll*2660 Keith Waters & Assoc, for Jeflrey & Leon^e Maxwell 740 Willow Drive South Variances Zoning District: Lot Area: RRIB 45.216 s.f. One Family Rural Residential District (2 acre) (1.038 acres) List of Exhibits: A Resolution B S:aff Reportand Exhibitsof2/2i/200l Application Summary: The applicants own the subject property and are requesting lot area and lot width variances to construct a new residence on the lot. The existing residence that was constructed in the early 19?0's was removed per a demolition permit in December, 2000. The lot is approximately 1.038 acres where 2 acres is the minimum required area and approximately 162' wide where 200* is the minimum required width to construct a new residence in RR-IB district. 1. Section 10.28, Subdivision 5 (B): Lot Width: The lot is 162 feet wide where 200 feet is the minimum lot width for the RR-IB zoning district for new construction. 2. Section 10.28, Subdivision S (B); Lot Area: The lot is 1.038 acres where 2 acres is the minimum lot area for the RR-1B zoning district for new construction. PLANNING COMMISSION: The Planning Commission recommended by a 4 to 0 vote to: Approve the application as presented. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. A RESOLUTION GRANTING VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B), FILE NO. 2660 WHEREAS, Jefircy G. Maxwell and Leontyne A. Maxwell, (hereinafter "the applicants") are the owners of the property located at 740 Willow Drive South within the City of Orono (hereinafter "the City") and legally described as follows: Lot 11, Block 1, Webber Hills, Hennepin County, Minnesota, (hereinafter “the property ”); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit new residential construction on a 1.038 acre lot where 2 acres is required and having a lot width of 162 feet wide where 200 feet is required. WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on February 21,2001, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota; NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #2660. The property is located in the RR-1B Zoning District, where 2 acres is the minimum required lot area. The property consists of approximately 1.038 acres. 3.The Orono Planning Commission reviewed this application on February 21,2001 and recommended approval of the proposed variance based upon the following findings; A. The property has been developed with a residential use since at least 1970. Page 1 of 5 4. 5. B The site plan indicated the proposed setback 30' to the side property tines, 50' to the rear property line and 120' to the front property line, which meets the minimum requirements of the RR>1B zoning district. C. The lot can be developed without the need for further variances. D. There is no additional land to combine with the property. 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 will not adversely affect traffic conditions, light, air, nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variances on the health, safety and welfare o^ % community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to allow new residential construction on a 1.038 acre lot where 2 acres is required and having a lot width of 162 feet where 200 feet is required. Approval is subject to the following conditions: 1.Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require further Plaiming Commission and City Council review. 2.It is the intent of the City Council that variances to develop the lot would not be looked upon favorably. Page 2 of 5 3.Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (February 26,2002). 4.Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5.The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 26th day of Febmary, 2001. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner (s) STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ss. ) The foregoing instrument was acknowledged before me on this 26th day of February, 200 1 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of S » • • • • . f STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of, for said County, personally appeared 2001, before me a Notary Public within and ___known to me to be the person(s) described in and wiio executed the foregoing instrument, and acknowledged that he (they) execut^ the same as hiS (their) free act and deed. Notaiy Public STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) On this day of.,, 2001, before me a Notaiy Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 4 of 5 CERTFICATE OF SURVEY FOR KEITH WATERS Sc ASSOCIATES or l OT II. I3L0CI< 1. WLUDLR HILLS HENNCPIN COUNTY. MINNESOTA •• ■ . J v\ 7 f. ’1 . s- • : TO:Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg, Zoning Administrator/Planner DATE: February 15,2001 SUBJECT: #2660 Keith Waters & Associates/ Je^y & Leontyne Maxwell 740 Willow Drive South Variance — Public Hearing Zoning District: Lot Area: RR-IB One Family Rural Residential District (2 acre) 45,216 s.f. (1.038 acres) List of Exhibits A Application Site Plan/Survey Permit Issued for Demolition P.eside?>re Location Map Plat Map Permit Record property Owner’s List B C D E F G H Pertinent Code Section: 1. Section 10.28. Subdivision 5 (B): Lot Area: The lot is 1.038 acres where 2 acres is the minimum lot area for the RR-IB zoning district for new construction. 2. Section 10.28, Subdivision 5(B): Lot Width: The lot is 162 feet wide where 200 feet is the minimum lot width for the RR-IB zoning district for new construction. Application Summary: The applicants own the subject property and are requesting lot area and lot width variances to construct a new residence on the lot. The existing residence that was constructed in the early 1970's was removed per a demolition permit in December, 2000. The lot is approximately 1.038 acres and the minimum lot area requirement is 2 acres. A lot area variance is required to construct a new residence. The lot is approximately 162' wide where 200' is the minimum lot width required. A lot width variance is required to construct a new residence. This property is now included in the MUSA. The Webber Hills area was connected to city sewer in the summer of2000. *2660 Ktllh IVaters A AssoeJJejgrty & Leontynt Maxwtll 740 Willow Drivt South Variance 1/15/2001 Page I ANALYSIS Lot Area and Yards RR-IB District Standards RR’IB Lot Area Lot Width Required 2 Acres 200* Actual 1.038 Acres 162’ Statement of Hardship : This is an existing lot which was platted prior to current zoning standards. Issues for Consideration : 1. The lot was platted prior to current zoning requirements. 2. A residence previously existed on the property. 3. There is no additional land to combine with the property. 4. Other issues raised by the Planning Commission. Staff Recommendation ! Staff recommends approval of the requested variances. To obtain a building pemut the new residence must meet all height requirements, setbacks, and grading requirements. U2660 Keith Waters d Assoc./Jeffrey A Leontyne Maxwell 740 Willow Drive South Variance 1/15/2001 Page 2 iifc I I J • V JhI 15:02 . • ' 4C0H INC 9525912558 P.0l^rj3 CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S2S0.00 (SSO.OO per each additional variance) Renewal Variance Fee SlSO.OO (no change from original application) Variance for non-confoiming stmctures $250.00 After-tbe-Fact Fees (Double application fee) PROPERTY INFORMATION i Site Address |l ?|||r>UJ Propexty Identification Number (PXD.) 1 \rt Application Date Received Amoont Paid Attach legal description to application if not included on required survey. 1 (do not) also own the adjacent parceb of land. Present use of prop^: y residential ___pother (specify). Zoning District; Kfv-| rs .(nionth/year) APPLICAN Name ^__ Address: (/L\t 7 OWNER ,s:^XS>l Q Phone fhome ) *.> i55WrJfllif3VS7 QUECT * Estimated Constniction CmI nityi itviiJjnri DESCRIPTION OF REQUEI^ Describe request L6 on djUL '________________________ (attach additional sheets if necessary) f Zinrftf^U ft I ' 7' AWANJITl CES REQUIRED Lot Area 5fT Setback: ___L9t Width » Front . Side Hardcover _ Rear Lot Coverage Average 'Lalceribore Otiier (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CCINDITIONS nsKJ. a=«a.''S53?3S5®1S IT A/\ nil ^cev n CMaiVM mTT$IV »nna »£a aia tVii »C!»x looz/ot/io • »i-r« I. "J REQUIRED SURMI.ITALS d»tHn. d... to ---- Completed Application Form ---- plat map (you F^nre^Go^ — suAcyor) and include hardcover r^roductira** ^ addition, provide one (i) copy 8‘/i" x 11" for ---- *“^7 (existing and proposed elevations) if any changes in existing — I • f r.1. Of floor & elevation views (provide one (1) copy 8*>i" x il") As f .1? r Of appUcantCs) if not current ovmer(s). — As an addendim to this application, please attach a separate list of any other person you wish notified of this application. ^ ---- Additional items as may be requested by City staff. 3. 4. 5. 6. 7. 8. ■ Jflnff "1^ Wiication. . Ple«e remeoibe, *a, yp„rMrleiiw OBph9el.ow Is mi toninlete if .he .i.o>. i„r......i,„ APPLICANT'S SIGNATURE .. The applic^t hereby agrees to provide all information required or requested by the Zoning Atonustrator to pay addidonal fees (sUff time not covemd bv original fee^S Mdior consults, expenses ineuited in review of this applicalioo.'end c«tiflTs^^e infoimauon supplied is true and correct to the best of hisdier knowledge. Applicant’s Signature_______________Date ^ OWNER’S SIGNATURE Hie owner hereby ecknowlodges and agrees to this appUcaiion and iiiith^' enny onto die property by City staff. coiwt^B, a^b. members for purpo^rf mw^tioii an^erilication of this request. Owner’s Signature,^U■o^ Applicant must haVailS&als/into tl,e City offices 25 days before the Flauning ““!*■ ”“IT* Meetings ate held on the third Mondqyrff eachr,jr:r s • • • coo/cooPi DOK.QV ^ RT.fsni %nnn »to tvj cc*:»t rn^y/oT/TA CCRlinCATE OF SURVEY FOR KEITH WATERS 8c ASSOCIATES or LOT 11. BLOCK 1. WEBBER HILLS HENNEPIN COUNTY, MINNESOTA 279.6 «« 1^ i^a: n« CITY OF ORONO 2750 Kelley Parkway - PO Box 66 Crystal Bay»>4innesota 55323 (612) 24^00 PERMIT 6 Permit Number: Permit Type: Date Issued: P034I7 Dmolition 12/19/20 SITE ADDRESS:740 Willow Dr S WAYZATA.MN 55391 PID: 03-117-23-33-0006 DESCRIPTION: Proposed Use: PennitCUss: Permit Type: Building Demolition Census Code 645 Permit Sub*^e(s): Demo - Principal Structure DETAILS: Approved per resolution #: Separate permits required: NOTICES/REMARKS: It undatlon&'aH demo debris to be removed from ground & disposed of off site per PCA regaiotiens. We'.is most be abondoned. Inspection before backfilling. FEE SUMMARY:Permit Fee;$ 50.00 Valuation: S 0.00 State Surcharge Fee: S 0.50 TOTAL FEE:S 50.50 APPLICANT:Keith Waters & Assoc 6216 Baker Rd Suite 110 Eden Prairie, MN 55456 OWNER: • JEFFREY MAXWELL 740 WILLOW DR S WAYZATAMN 55391 STATE OF NflNNESOTA BUILDING CODE REQUIREMENTS. .'J ArNJCANT lil Copies: Ci^, Applicant, Assenor, Ffaiaacci Plgel U/llleuJ trive S': fi^Ir ^CjII ^...:S.-iL;r3r27. . I -. ru i i. -ar* i ttKiilnh'. ^ \-ot4Pn. Lfeh/fc! Ha ^j aa»t; V-r-o*' Tma^f!«e«o _______Hav U c -IL KEattarMcC. i^lKrzSSo • ' iiTSSlSlm J &LZ f} if •■'*•'».V fl •• T ^ • . i / • ; ; » '•* ,• • * ./ • • ‘ . .•* • - <•.-'• y.-^’ .••• •*. \A•. hi ••. tT* I ir rniHfti dsaid I -------ki 'feaiir>»r^3 STu ts:s»s:|cirirr>-« VtMMlll —f- I l.dir fil H a >m Ijg^feL ilH4_ teb V-IV V f^AaoJelL KtiaiDehl^ \ wtto/'gtoo gf£Z h'!/•• • • '.1' .' ! \ t7 I up pp»- LtvtL iam k>Vti^zS ^ 'J ^. u' 41' • ^ ^ in«; '-.rr3 »*•/ ;»^ i •* '^V>, / • >. -'V Jar • •.*; C7 ■ftnl mwnr^*“”>-*’* U.'Lll r..Orono. Golf f Cburser-H- ' • .• .Tdiia^er V * .:Xo*e V.- ••• ' » Munj\nu^ / • • •ij _ ^ • I •7^ f • • • • • • V*. •' I. V :•• •• • • •/*.•••• ■ • ■rSm«'rtBly-'v, .• .* f :’I * . flMo I Bracketts Poin. • • '.v^'*:v V.••. • . • *••«r •» •• I .. ' •”I • . • •• ••. • I ; I. * . • r- *. . I • . , • • ^ • *. *.‘••i •* * * I % ’ •• * * . • *• ; • •• • • « • . .. • • • . • as.tt7.s3 enn^Co^%r Serviceil^partmeni M ■■ f. ,; V... -V ■. J Vv , ■3WF p';Information : -T Pare Hou Stre . hS9^''*TWSmfkgaay tnd^^JvnOfy.q t • • mm 11723331 >er740 WIUOWDRS n Ir""-.*• • * Tv 4, fifatlWfitBW • • • * • . Pcrait Wo» ml_ rQQSoL OPUS’ PERMIT RECORD Date A-/!r\ ^^9^20 L'-I Ars -7V0 6O^cwo fy.. S. G Type of Permit ~^//j jkyuln / /1 k7‘^A4 A i /* f9 PJL&/k HENNEPIN COUNTY PROPERTY INfX)RMATION SYSTEM PROPERTY OWNERS LIST PM>P KDOR OHNCR NANE TAXPAYER NAME/AOOR 38 38 03 117 23 33 0001 ADDRESS UNASSICNED HENIIEPIN rORPEITED LAND CIT” OP ORONO P 0 BOX 66 CRYSTAL BAY KN S5323 CONDNN • 38 03 117 23 33 0006 740 NILLON DR S J C HAXHCLL t L A MAXNELL JEPPREY $ LEONTYNE HAXHCLL 201 PARXVICH TER GOLDEN VALLEY MN 55416 CONONN I 38 03 117 23 33 0007 680 NILLON OR S HORHAN H THCISTE ETAL NORMAN H THEISTE 680 S NILLON DR NAYZATA MN 55391 CCNDNH • PROP AOOR OHNCR NAME TAXPAYER MAMC/ADOR 38 03 117 23 34 0002 2185 HCBBCR HILLS RO NARCARCT A CCRMUNOSCN MARGARET A GCRNUHDSCN 2185 NEBBER KILLS P7 NAYZATA MN 55391 CONOHN I 38 03 117 23 34 0004 2135 SHEVLIN DR E HARTINUZZI J MARTINUZZI ERIC i JENNIPER HARTINUZZI 2135 SHEVLIN OR NAYZATA KH 55391 CONDMN I 36 03 117 23 34 0005 2145 SHEVLIN OR NILLIAM M TOLCS JAMES X DANIELS C/0 JILL T B DANIELS 2145 SHEVLIN DR NAYZATA MN 55391 CONCMi • PROP ADOR OHNCR NAME TAXPAYER MAMC/ADOR 38 03 117 23 34 00)6 2155 SHEVLIN DP J t J PAULSON JEROME T t JUDY R FWLSON 2155 SHEVLIN DRIVE NAYZATA MN 55391 CONDMN • 38 03 117 23 34 0007 2175 SHEVLIN DR K P RAROS 6 M H GUSTAFSON R P RAROS ( M M GUSTAFSON 2175 SHEVLIN DR NAYZATA MN 55391 CONDMN I PKOP MDR ommt HAMS TAXPAYCA NAMC/ADDll t i VX . / .- A ■ = '.U I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPERARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST f) OF MY KNOWLEDGE AND BELIEF AWN TL.; 9Q ^ . I • :%PIt tFM liB MAH 2 5 2002 RKQl'EST FOR COUNCIL ACTION Cl 11 w»r UrtONO DATE: March 25,2002 ITEM NO.: /3 Department Approval: Nanii; Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Service’s Directors Report Item Description: Revisions to Municipal Water and Golf Course Charges-Ordinance City Code Revisions for Water Meters and Non-Functioning Meter Service Charges We have been experiencing problems with numerous properties that have non-functioning water meters. 1 he Navarre system has about 800 scr\ ice connections and there are currently 50 properties with non-functioning water meters. These properties are paying an estimated water bill each quarter. In the past there have been even more properties with faulty meters, but we ha% e managed to reduce the number of these properties through much staff time and elTort. Correction of these non functioning meters requires a lot of extra staff time. We need to repeatedly contact people in order to gain access to the properties to fix the problem. Currently there is no incentive for the property ow ners to solve the problem, and they continually ignore our requests. There are properties in which we have been unable to obtain an accurate water meter reading for over a year. There are also properties that have remote readers in locations that are difficult to access such as behind fences and landscaping. This results in extra stalTtime to complete the quarterly water meter reading. The current City Code section on water meters is outdated and inadequate. W'e have revised this code section to clarify and expand the requirements for water meters and the locations of remote readers. 1 he requirements in this revised code section are typical to w hat other area cities have in their codes. 1 he revised code section also adds a new quarterly ser\ice charge for properties with non functioning or inaccessible water meters. The typical situation would be for the City to notify the property owner upon discovery that the water meter is not functioning properly. This notification consists of a door hanger notice and a letter requesting that the property owner contact the City regarding repair of the meter. An appointment is then set up to allow public works employees access to the property for repair of the meter and remote reader. After notification, the property owner would then have three months to cooperate with the City to allow correction of the problem. If the problem is not resolved, the revised code gives the City to right to add the service charge to the ne.xt quarterly water bill. The code also gives the City the authority to shut off the water if the property ow ner is non-cooperative and the water meter is still nonfunctional after six months. The code states that the City reserves the right to charge a service fee or shut off the water for non-functioning meters. This allows some flexibility in enforcement if there are unusual circumstances such as residents being gone for extended periods of time. Page 1 of 3 The proposed code revision states that the amount of the service charge for a non-functioning water meter will be established through an Ordinance amending the City’s Fee schedule. Revising the Fee Schedule is normally done, by Ordinance, on an annual basis in December. The ser\ ice charge for non-functioning water meters in area cities ranges from $20 to $100 per quarter. The stall recommendation is to establish a quarterly fee of $50 for a non-functioning water meter. We are recommending approval of the ordinances revising the City Code and Fee Schedule. Revisions to 2002 Golf Course Charges We are proposing several changes to the year 2002 golf course fees. Fast December when the annual fee schedule ordinance was approved by the Council, several revisions were made to the golf course fees at the Council meeting. The Golf Course Manager expressed concern about the large percentage increases that were made to the League and Student Rates. I le believes that there would be price resistance to the large magnitude of these fee increases. The table below lists the fees in question w ith proposed revised 2002 fees for the items of concern. COI F COURSE CH.4RGES 2001 FEE 2002 FEE League Rates Monday thru Friday $<).00 STUDENTS (AGES 12-17) Begin Flay Before Noon Monday-Friday, Excluding Holidays 1st Nine Holes 2nd Nine Holes $6.00 $6.00 SENIOR CITIZENS (OVER 58 YEARS OLD) Begin Flay Before Noon Monday-Friday, Excluding Holidays 1st Nine Holes 2nd Nine Holes $6.00 $6.00 $10.00 $9.50 $?:6e $6.50 $?ree $6.50 $6:25 $6.50 $6.50 We have met with, A1 McMurchie, the consultant who is working on a study of the golf course op>eration to discuss the golf course rates. The consultant has completed a preliminary market rate study for the Orono Golf Course in comparison to comparable area courses. Mr. McMurchie stated that the 2002 rates are comparable with other area courses and are generally at an appropriate level. He agreed that the steep increases for several of the fees could generate price resistance and should be reduced for 2002. He is in agreement with the proposed fee revisions listed above and recommends these changes be made now before the course opens for the 2002 season. Page 2 of 3 •****■*»•«" - The goli course operations study will include a discussion and recommendations on a long term plan for annual golf course fee increases. This study should be completed within the next two months. The logic of having fees set at an even dollar amount is sound. However, when lower fee golf courses increase fees on an annual basis to stay at an even dollar amount this results in fee increases that are too high. His recommendation is that $.50 annual increments for fee increases are appropriate based on the market. However, in order to stay with even dollar amount fees, fees should be increased one dollar every other year. Another recommendation is that the league rate increases are phased in over a several year period to have league rates eventually match the regular fees. Another recommendation is to have as many fees as possible consistent. The proposed fee rate revisions set the Senior and Junior rates at the same level. Completion and City approval of the operations study this year will allow for a comprehensive review and long term strategy for golf course fees begitming in 2003. Approval of the recommended fee revisions for several of the year 2002 golf course fees is recommended now before the course opens for this season. COUNCIL ACTION REQUESTED: Approval of the Ordinance revising the 2002 City Fee Schedule to add a $50.00 quarterly ser\ ice charge for a non-functioning water meter and to adjust the 2002 Golf Course rates. Approval of the Ordinance revising the Orono City Code to clarify and expand the requirements for water meters and to include a quarterly service charge for non-functioning water meters in the City's Fee Schedule. Page 3 of 3 ------- • . ORDINANCE NO., 2ND SERIES AN ORDINANCE AMENDING ORDINANCE NO. 212,2ND SERIES AN ORDINANCE REVISING THE 2002 FEE SCHEDULE GOLF COURSE FEES AND MUNICIPAL WATER RATES The City Council of Orono ordains: Ordinance No, 212, 2nd Series adopted December 10, 2001, and entitled "An Ordinance Adopting the 2002 Fee Schedule" is amended to read: DESCRIPTION 2002 FEE MUNICIPAL WATER RATES Quarterly Service Charge for a Non-Functioning or Inaccessible Water Meter. $50.00 GOI.F COURSE CHARGES League Rates Monday thru Friday WM $9.50 STUDENTS (AGES 12-17) Begin Play Before Noon Monday-Friday, Excluding Holidays 1st Nine Holes 2nd Nine Holes $6.50 $M0 $6.50 SENIOR CITIZENS (OVER 58 YEARS OLD) Begin Play Before Noon Monday-Friday, Excluding Holidays 1st Nine Holes S6.25 2nd Nine Holes $6.50 $6.50 This ordinance becomes effective after its passage and publication. Adopted by the City Council of the City of Orono on this 25th day of March 2002. ATTEST: Linda S. Vec, City Clerk Barbara A. Peterson, Mayor Page 1 of I ^ f* tT1 YlW^ TO'. - - f » * ORDINANCE NO., 2ND SERIES AN ORDINANCE AMENDING SECTION 3.10, RULES AND REGULATIONS RELATING TO WATER SERVICE OF THE CITY OF ORONO MUNICIPAL CODE The City Council of Orono ordains: Section 3.10, Rules and Regulations Relating to Water Serv ice, of the City of Orono Municipal Code is amended to read: Subd. 10. Water Meter. All water riitteis and remo te readers shall be purchas ed and maintained bv * the prop erty o wner. All repairs of water meteis not resulting front tuumal usage sha ll be th e respo nsibility o f the pio perty owner. The installation and co st th ereo f, of all vva tci meters sha ll be th e respo nsibility of the property owner under the supcrv^ision ot the Citv: All properties connected to the Citv water system must have a properly functioninu and calibrated water meter of the appropriate size and type to obtain an accurate recordint* ot the water used at the full range of anticipated How rates. All water meters arc required to have a properly functioning and calibrated remote reader located on the outside of the buildinti in an easily accessible and visible location. 1 he property owner shall be responsible for retaining the services of a licenced plumber tor the purchase and installation of all required water meters and remote readers. All water meters and remote readers are to be purchased through the Citv of Orono. and the Citv reserves the right to select the brand and type of meter to be used for each water serv ice connection. The licenced plumber shall obtain a permit from the Citv and shall purchase and install the water meters and remote readers under the supervision of the Citv. All repairs of water meters not resulting from normal usage shall be the responsibility of the property owner. A Citv approved water meter and remote reader is required before either a Temporary or Permanent Certificate of Occupancy will be issued for anv building with Citv water serv ice. The Citv of Orono normally reads water meters and bills for water usage on a Quarterly basis. If the Citv is unable to obtain an accurate water meeting readin£ because of a non-fiinctionina or inaccessible water meter or remote reader, the Citv will estimate the water bill based on the oast water usage for the property. Page 1 of 2 Thg City will provide notification to the property owner of the inability to obtein m a<?curate water meter reading and the Citv^s need to obtain access to the proDcrtv to allow for correction of the problem hv the Citv. The property owner shall cooperate with the Citi^lO allow for correction of the situation in a prompt manner. If the property owner is non-responsive or uncooperative in coordinstiny with the Citv to allow for repair of the water meter and remote reader, the Citv reserves the rit^ht to add a non-rcfiindable service charge for a non-functioning or inaccessible water meter to the next quarterly water bilj. The amount of this service charge shall be determined bv Ordinance and listed in the.City Fee Schedule. This service charge will be added to future quarterly water bills and the water hill estimated until the property has a properly functioning and accessible water meter and remote reader. The Citv also reserves the right to shutoff water service to anv property that had a non>functioning or inaccessible water meter or remote reader for more than_si\ months after the property owner is notified of the situation. This ordinance becomes effective after its passage and publication. Adopted by the City Council of the City of Orono on this 25th day of March, 2002 ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor 4 ! Page 2 of 2 L REQUEST FOR COUNCIL ACTION DATE: March 25,2002 ITEM NO.: /y Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Public Services's Directors Report Item Description: Seasonal Weight Restrictions-Resolution We have revised the resolution establishing seasonal road weight restrictions to allow an exemption to the posted weight limits to allow larger refuse collection vehicles to travel on the first 100 feet of City Streets from the intersection of the street with a County Highway. This exemption is to allow larger refuse collection vehicles to park safely ofl' of County Highways for the purpose of transferring waste from smaller collection vehicles that service City Streets to the larger vehicles. This revised resolution is the result of discussion of this topic at the last City Council meeting. The Council directed staff to figure out a way to allow safely transferring of waste from the smaller collection vehicles to larger vehicles for transport out of the City. Currently, the larger vehicles are parking on the County Highways for transferring of the waste. This is not desirable for traffic safety reasons and parking on less busy City Streets is a safer situation for the transferring of waste. The current ordinance does not include language to allow this exception, so the best way to accomplish this change is to revise the ordinance. This will provide clear direction to the Police Department regarding enforcement of seasonal weight restrictions. Staff is recommending approval of this resolution. Council Action Requested Motion to approve resolution establishing seasonal weight restrictions on City public streets Page 1 ... .iW^t A RESOLUTION ESTABLISHING SEASONAL WEIGHT RESTRICTIONS ON ORONO PUBLIC CITY STREETS The City of Orono ordains that axle weight limits are restricted on the following streets in the City of Orono to protect these streets from damage when road and weather conditions warrant in accordance with regulations as provided in Minnesota State Statutes Chapter 169.87 and Section 6.11 of the Orono Municipal Code. These weight restrictions are in effect during the spring thaw season between approximately March 1st to May 15th dependent on weather conditions. Streets may be posted for weight restrictions any time that road and weather conditions warrant weight limits to protect streets from damage. An exemption is provided for refuse collection vehicles to exceed the posted limits, except no refuse collections vehicles shall be operated during restricted times where the gross weight on any single axle exceeds 14.000 lbs. The City also reserves the right to restrict refuse collection vehicles to the posted weight limits should conditions warrant. An exemption to the posted weight limits is allowed for refuse collection vehicles to travel on the first one hundred feet of City Streets from the intersection of the street with a County Highway. This exemption is to allow larger refuse collection vehicles to paik safely off of County Highways for the purpose of transferring waste from smaller collection vehicles that service City Streets to the largei vehicles. An e.xemption to posted weight limits is allowed for utility company ser\ ice vehicles namely Excel Energy, Wright-Hennepin Electric Cooperative, Reliant Energy, Qwest Telephone. Mediacom Cable or other companies providing utility service within the City when responding to an emergency. An emergency response shall include power outages, gas leaks, emergency communication, line down or severed, etc. An exemption to posted weight limits is also allowed for septic tank ser\ice companies, well drilling and ser\ ice companies, and companies delivering fuel for heating purposes. An emergency response is limited to septic or sewer system failures posing an imminent threat to public health and safety, well failure resulting in loss of water supply, or lack of heating fuel. All persons requesting an exemption to the posted weight limits for response to an emergency situation must notify the Orono Police Department Administrative Office. This notification must include a description and location of the emergency, the number and weight of vehicles responding to the emergency, and the route to be used to reach the emergency site. The City reserves the right to request supporting documentation of the nature and location of the emergency. Page 1 of 4 L All persons responding to emergency situations shall limit travel on seasonal weight restricted streets to the minimum distance required to reach the site from the closest road that is not subject to seasonal weight restrictions. All persons responding to emergency situations shall limit the number and weight of vehicles to the greatest e.xtent possible. Measures to reduce the detrimental inioacts to posted roads include, but not be limited to, using the smallest service vehicle possible, minimizing vehicle weight by only transporting the necessary equipment required for emergency response, transporting the minimum amount of heating fuel oil, LP gas, liquid septic waste, other materials, etc, necessary’ to correct the emergency situation. The intent of exemptions to seasonal weight restrictions is to allow response to actual emergency situations that pose an imminent threat to public health and safety. Routine maintenance of utility facilities, wells, sewer or septic systems, or routine replenishing of heating fuel supplies, are not considered an emergency. The City reserves the right to request supporting documentation to verify the nature and locution of emergency situations, and control routes used to travel to emergency situations. The folloNN-ing streets are limited to a four-ton axle per axle weight limit: A., rStreet Concordia Street Farview Lane Baldur Park Road Corral Road Femdale Green Barrett Avenue Country Club Road Femdale Road W. Bayview Place Crestview Avenue Forest Arms Lane Bederwood Drive Cry stal Avenue Forest Lake Dr. Birch Lane Crystal Bay Road Forest Lake Land Blaine Avenue Crystal Place Fox Ridge Road Bohn's Point Lane Cygnet Place Fox Street Bohn's Point Road Dahl Road Frederick Street Brackett's Point Road Dakota Avenue Garden Court Briar Street Dickenson Street Glendale Avenue Carman Road Dickenson St. Alleys Grandview Avenue Carman Street Dickey Lake Drive Hackbeny Hill Caroline Avenue Dunwoody Avenue Hanlon Avenue Casco Avenue Eastlake Street Heritage Drive Casco Circle East Long Lake Road Heritage Lane Casco Cove Eileen Street High Lane Elm Lane Highwood Road Hunter Drive Page 2 of 4 d Casco Point Road Cherr>' Avenue Cherry Place Chevy Chase Drive Chippewa Lane Lafayette Ridge Court Lakeview Terrace Leaf Sueet Lilac Lane Linden Avenue Linden Lane Livingston Avenue Loma Linda Avenue Long Lake Boulevard Lydiard Avenue Lvdiard Circle Lyman Avenue Lvric Avenuem Maple Lane Maple Place Mapleridge Lane Minnetonka Avenue Minnetonka Highlands Minnie Avenue Myrtle wood Road Navarre Avenue Navarre Lane North Arm Drive North Arm Lane Northern Avenue Elm Street Elmwood Avenue Ethel Avenue Eagerness Point Road Fairview Cottage Oak Street Old Beach Road Old Long Lake Road Olive Avenue Orchard Beach Place Orchard Park Road Orono Lane Orono Orchard Road Orono Townline Road Park Avenue Park Drive Park Lane Partenwood Road Pheasant Lawn Road Prospect Avenue Railroad Avenue Rest Point Circle Rest Point Lane Russell Avenue Shevlin Drive Smith Avenue Spates Avenue Spring Hill Road Spruce Place Starkey Road Ivy Place Keene Avenue Kelly Avenue Kenwood Way Lakeview Avene Stubos Bay Road Tamarack Drive Togo Road Tonka Avenue Tonka view Lane Tumham Road Union Cemetery Rd Vine place Waterto.vn Road Wear Lane North Wear Circle Webb Street Webber Hills Road West Ferndale Road West Lafayette Rd Westlake Street Wildhurst Trail Willow Drive (1) Willow brook Road Windjammer Lane Woodhill Avenue Note: (I) Willow Drive is a four-ton axle weight limit from north of Otten's Nursery driveway to tlie Medina city limits, and from south of the BNSF Railroad bridge to Brown Road South. Page 3 of 4 The following streets are limited to a nine-ton axle per axle weight limit: Brown Road North Femdale Road North Kelley Parkway McCulley Road Old Crystal Bay Road Willow Drive (from Highway 12,400' north to Ottcn’s Nursery driveway) Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held March 25, 2002. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson. Mayor Page 4 of 4 ' X..I tfcp'jiNG MAR 2 5 2002REQUEST FOR COUNCIL ACTION ctt Y Ul-OHONO DATE: March 25,2002 ITEM NO: IS Department Approval:Adminbtrator Reviewed:Agenda Section: Name RonMoorse City Administratoi's Title City Administrator Rqwrt Item Description: Payment Requests - Long Lake Fire Station Attached are two invoices from Cahners for the advertising for bids for the fire station. Each of the invoices is for $264.69, for a total of $529.38. COUNCIL ACTION REQUESTED: 1. Motion to approve the payment of the invoices from Cahners in the total amount of $529.38. f^Cshners BILL TO NUMBER INVOICE DATE INVOICE NUMBER 121435 02/27/2002 1M4412 A OMtion of Reed Elsevier Inc. Construction Bulletin INVOICE BIN To: OTYOf ORONO ATTN:UNOASVEE POBOX66 CRYSTAL BAY, MN 553234066 Please direct questions to: PHOfC: (888) 298-9945 FAX: (763) 537-1363 AOVERTISEIt: CITY OF ORONO. 821435 CONSTRUCTION BULLETIN MAGAZINE LEGAL AOS-403100. FEBRUARY 22.2002 SIZE FREQUENCY P.O. NUMBER: 1515.01 CAHNERS 5:2036103 153 e PER UNE-.00216 RATE IX $264.69 GROSS AMOUNT $264.69 ORDER TOTAL: AO CAPTION: LONG LAKE.MN NEW FIRE STATION PROJECT MESSAGE: 2-22-02 PAGE 30-31 2-22.3-1-02* $264.69 •% 1 •. o% •• • TOTAL AMOUNT DUE PAYABLE IN DOLLARS PAYMENT DUE DATE 1/^ $264.69 03/29/2002 BILL TO NUMBER 821435 INVOICE DATE 02/27/2002 1 INVOICE NUMBER 1994412 AGENCY COMMISSION OISAaOWEO AFTER 30 DAYS FROM THE DATE OF INVOICE Pago 1 of 1 Mail To: ASSOC CONSTR PUBL / CMO P.O.BOX 930141 ATLANTA 6A 31193 USA TOTAL AMOUNT DUE PAYABLE IN U J. fX)LLARS Wire To: FIRST UNION ATLANTA OA 30092 USA ACCOUNT NO. 2000006579054 BANK ROUTING NUMBER 0611 $264.69 VISA-MC- AMEX CALL TOLL FREE •»»(800) 48SC014 When wiring payments please Inciude vour customer end invoice numbers dvertIsements for bios Henncplo Cooatyi^MN GbIc Wo^ Fans Rcbkf CLOSING DATE 3/7/2002 Advemscment for Bids Three Riven Park District Henmin County. Minnesou For THE CAlJfe WOODS FARM Notice b hereby fiveo that sealed bids will be received in (he office of the Superintendent Three Rivers Park District. 12615 County Road 9. nyinouth.MN S5441-1248 and op^ ^ the Superintendent at 2:00 r.M., CS.T., on \Ureh 7,2002 for ftBnishmE all labor, maienals. eouipmeni and skill required for work described in the drawines and specificauons. Biddinc Documents prepared by MILLER-DUNWIDDIE. LNC^ 123 North Third Street. Suite 104. Minneiroli' Minr.rs«'U ^'401. >4tll Iv u^jilaDlc io( puhltt. KujHTwUon at the offices of the An:hjiects. me F. W. Dodge Plan Room, the Construction Market Data Plan Room, and the Minneapolis and Sl Paul Builder's Eachanges. Bidden may obtain compkte sets of drawings and specifications from the Architect's offices, MILLER- DUNWIDDir., LNC. (Phone 612-337 00(K)) upon deposit of one hundred dollan (SI00) for each set Deposits will be refunded upon return of the drawings and specifications in good condibon within ten (10) days after bids are^moed. Tne current minimum wage rate per hour to be paid for each cUssoicatioa of work shall be the local prevailing rale, mcluding fnnge benefiu as defined in Minneu^ Sutute 177.42 No bid will be considered unless scaled and filed with the Superuiteodeni before the stated bid lime and accompanied by a Bidder's Bond or Certified Check made payable without recourse to the Three Riven Puk District in an amount equal to 5% of the base bul A Performance Bond and a Labor and Material Payment Bond in the full ameuni of ine contraci sum will be required of the successful bidder. ^ bid may be withdrawn for a period of forty-five |45) calendar days after b:is arc opened The Board reserves the nght to reject any or all bids imd to waive irregulaniies and formalities in order to award the contract in the best intettsis of the Three Riven Park Disihct By Order of the Board of Commissioners THREE RIVERS PARK DISTRICT Douglas F Bryant Supenntendent & Secretary to the Board 2-15/2-22 Ifutchinson, MN RemodeUng Facilities Al RidjgewaTcr CoUegc CLOSING DATE 3/llr2002 STATE OF MLNNESOTA MINNESOTA STATE COLLEGES A.ND I’NIVERSITIES ADVERTISEMENT FOR BIDS Sealed Buis for Ridfewaler CoOege • llutchlnsoa Campus North Building Area Code Improvefnents Hutchinsofu Minnesota will be received by Ellzabtlh Hepoia RJdgewaler College • Hutchinson Campus 2 Century Ave. SF Hutchinsoo. NLN 5S350 unul 2:00 PM. Thursday, hlarch 14,2002. at which lime the bids will be open^ and publi^ read aloud l*rujcvi Tnc hujcci consuls of ihe remodeling of aiea> ut (he eusung fanhoes including giaces for classrooms, an interactive television classroom, tuxage rooms, offices and support spaces. The Project will include approainutely 4.650 gross square feel located on the csisiing Hutchinson Campus of Ridgewaier College The Work will UKlude. bul IS not limited to demolition of steel stud and plaster parotioos. oei^ grid and related inechani^ and electric^ systems; constnictioii of new fteel stud aixl drywill partiuoos. dooriL frames, hardware, windows. ju^peiwM ceilings, specialties and finishes; mechanical systems including plumbing, fire protection, beating. ventilaEii^ and air conditioning, and clecthcaifystems including power, lighting and ipecial systems. A Pre-Bid Mcctiiig wfD ba held at 10:00 AM on Tbonday, March 7, 2002. al Ridgewaier College • Hulchlnsoo Campus. The Architect and Owner Representatives will review the bidding procedures, Biddine Documenu snd other coodiboas with interested Bidden and answvquobons. Bid Forms. Contract Do^ments, BasprepareJ Purtoendi •vsisiy /-«•%••• 1% V • •% wt## available beginning Febru^ 23. 2U02 and will be on file at (he offices of the: 1.) above named Pro ect Architect 2 ) followini Builders Eaclunges .Minceapolr, Rochester. Si Cloud and St Paul 3.) ConstrucQoo Market Diu Plan Room. 4 ) Dodge Plan Room. Com pIvMe yu only of the Bidding Documents (or use by Bidders in submitung a bid ouy be obtained after February 23. 2002 at the following address. ParUien A Siruy Architects, LXJ* 100 Union Plaza 333 Washington Ave Noith Minneapolis. SLN 33401 612-341 1070 A deposit of SI00 00 is required for each set Prospecuve Bidden requesting that Bdding Documeris (compkte secs only) be mailed to them, may send a separate non re fundable payment (cj^k made out to the Architea i of S23 00 per set for shipping and handling (in addition to the SI GO 00 deposit) To (he Architect Such deposits and payr^nts may be sent poor to March 7.2o02 Documents will oe sent to street addresses only (PO Boies not acceptable) Each bid which totals over SI3.000 00 shall be accompanied by a bid bond or other security described here as proposal guarantee th^ the Bidder will enter into a contract if theu bid u accepted. This security may be either a certined check, payable to (he .Minnesota State Colleges and UniverMUes. in the sum of not less than five percent (5%) of the total base bid or a corporaie surety bond for the same amount by a surety company authonzed to do busineu in the State of MinnesiiU MINNESCJT.. STATE COlXECiES AND UNIVERSITIES 2-22 Lakeville. hfN Construction Of Lakeville Fire Station §4 CLOSING DATE 3i«/2002 Advenisemem for Bids The City of Lakeville will receive single lump sum rnrae sealed bids for the construction of Lakeville Fire Suuon 44 unul 2:<X>jun. local Uma ou Friday. March 8, 2(i^at the Lakeville City Hall at which ume and place all bids will be publicly opened and read aloud The expected due of award of Contract IS scheduled for .March 18, 2001, with commerwesneni of oonstroctiOD to follow immediately The project includes the construction of a new Fire Station building of approximaiely I2.7(X) square feet with vi*e coiutnii.tK n Aork tor ihis ptojcvi on a vile ol opfvoxjnately 76.200 square feet ^1.73 acres) Bidding documenu, including the Proposal Form. Drawings, Project Manual and Specifidoons. be on file at the Otficcs of the following Architect Tushie Montgomery & Associates. 7643 Lvndalc Ave S . Miimeapolis. MN 3M23 (612) 861-9636 Plan Rooms: Miooeapolu Builden Exchange. 1123 GIcnwood Avenue. Minneapolis. Minnesota 55403 Builders Exchange of Sl Paul. 445 Famngton Street. SL Paul. Minnesou 33103 Construction Market Data. 9443 Science Center Drive. New Hope. Minnesou 35428 F W. Do^e McOraw Hill • Dodge Reporu, 7600 Parklawn Avenue. Suite 332/Edina. Minnesou 35433 Rochester Builders Exchange. 3400 East River Road Northeast. Rochester. Minnesou 33906 Prospective bidders and subcontracion can obtain complete scu of the Bidding Documenu for S30 00 per set by contacting the Architect The loUowtng infonnatioo shall be required with the deposit: Company name, inailing aikire^ meu adfrn^ piooe arid facsimile numbers and type of bidder. The Airhitect will refund E30 00 to each bidder (who submits a bid to the Owner) for each set (including addenda) returned in good condioon witnm ten (lO) days of (he award date Copies of Dijwingv and SpeciticauoAs will be available February 20.2002 and can be obtained at bidder s cost for reproductioo from the following reproduction service company: MlonBluc. 2001 East 24th Sueet Minneapolis. Minnesou 33403. the Reproduction Department can be contacted at 612-722-2303 to obuin any full or partial sets of drawings and specificauons. Proposals shall be submitted on the bid forms suppbed in (he Project Manual in full accordance with bid documenu and Contract Documenu as prepared by liishle Mootgoroery & Associates. No oral, telegraphic or telephonic proposals or modificitions will be considered Submit with each bid. a cenified check or acc^uble bidder's bond payable to City ofLakeville in an amount equal to five percent (3^) of (he total bid The successful bidder will be reuuircd to furrush sansfactory Labor and Material Payment Bond and PerformaiKC Bond. Bids may not be withdrawn within (30) thirty luys after the scheduled time of opening bids, without (he consent of the Owner The Owner reserves the U) accept any bid or to reject any and afl bids, or poru of such bids, and waive any infomi^ties or uiegulonues in the bidding City of Lakeville 2-13/2-22/3-1 Le Sueur, MN Downtown Pedestrian Mall CLOSING DATE 3/21^002 RECEIPT AND OPENING OK PROPOSALS: Sealed proposals for (he work described below will be received at the Office of the Citv Admmistraior. City of Le Sueur. 203 S 2nd Sirret. Le Sueur. MN. 56038 unnJ 1 PJIL^ ^ia^dt IL 2WZ of at wluch ume (he bnlv will be opened and publicly ^ DF:SCRIPTIONOFWORK: Tlie work includes (he construction of approximately I5.CO0 SF Removal Concrete Walk 1 l,0(X) SF 6" Concrete Walk 123 LF Concrete Curb A Gutter 120 LF8 - Dram rile 750 LF Electrical Conduit 2 Water Services 10 Light Fixtures 10 Bollards 3 Power Pedestals together with nuincrous related items of work, all in accordance with Plans and Specifications CO.MPLETION OF WORK: All work under (he Contract must be subsiantially complete by June 13.2002. Final completion must be accomplished Ns iunc r TO OBTALN BID DOCLIVIENTS Flans, specificaiioos and all cootrac documenu may be obtained «the oflk of Bolton A Menk. loc., 1960 Premie Dnve. Mankaio. MN. 56001. 1-307 625 4171. FAX 1-507-625-4177. payment of S40(X) (non refundable) fot each set obiaiocd. Ciiy of Le Sueur shall accompany each 'jWNER-S RIGHTS RESERVED: (ooves Ihe n|h 10 njKi «oy or au bids and to waive any infgulariiies and infonnalioes thcmn and io«v«d die Contract to other than the lowtai >wAW if. in their discreuoa. the interest of the Owner would be best served thereby Dated February 12. 2002. /i/ Richard Alnuch City Administrator 2-13/2-22/3 1/3-8 1.0 Sueur, MN Fire Station CLOSLNG DATE 3/19O602 Sealed bids for a 12.600 if HRE STATION will be receiv^ by the City CouncU of Le Sueur, Minnesou at the office of the City Clerk, 203 South Second Street. PO Box 176. Le Sueur. Minnesota 36058-0176 by mail or personal delivery until 2:08 P.M., TUFNDAY. March 19. 2002 al which tune and due the bids will be opened and read aloud The award of cooiraLi will be considered at the March 23. 2(X)2 Couned Meeting Notice to Wooe^ will be issued on Am 9, 2002. The Work snail include site work, construcuon of 140 ft x 90 fl by 20 fL cave height, precast concrete building, including concrete wt3rk. interior framing and firushcs. miuclloneous steel, doors, windows, mechanical and electrical construction The Bidder shall submit the proposal un the forms provided The Pro^al shall be filled in clearly and correctly with ink or typewnter. The Proposal shall be signed in ink by the individual, members of thepartnersnip. or by one or more officers of the axpixilioo making (he proposal Drawings, specifications, and other contract documents may be obtained al the office of the Architect/Foiiincef, I A S ENGINEERS A ARCHITCCTS. Incorporated. 1409 North Riverfront Drive - P O Box 102(^. Mankato. Minnesou 36002-1026. (telephooe (307) 387-6631) upon receipt of a refundable deposit of S-'OOO for each set A separate non-refundabic check for shippin? ''.ondling of $10 (X) payable to IAS Engineers A Archltecl^ Ine. should also be included. PLEASE LN'CXLT)E YOm ADnRF:SS. PHONE NLMBER. AND FAX NUMBER. Hus deposit will be refunded if the bid documents ore returned in good oondicion either before the bid opening, or within 10 days orter submioal of a bona fide bd All bids shall be sealed in an opaque envelope upon which shall be plainly maii^Bro ON FTj^ STApON - LE sy EURT miN^^ Mod the na^ If r K k I In ffnxiled to iji in y* 14! ^ [ 5^,V8 -If* nP7XTi!¥^7m!lT* The Owner reserves the nght to now and consider the bids for 30 days after the date of (he bid opemng. Bids shall be accompanied by a cashier's check or bidder's frond, payable to the City of Le Sueur for not liu than five percent (5‘T) of the amount of such bid iTKluding odd altemaies A hide's bond shall include certified copy of (he power of attorney ^ , The right to waive any informally in any bid and reject any or all bids is reserved to the Owner Richard Almich City Adnumstrator 2-22/3 I A certified check oc proposal bond in (he amount of not less tban 3 poccoiof (he tool amount bid. drawn in favor of b>\ 30 ■ FeUuofy 22. 2002 ■ CONSTRUCHON BUUCHN Laof LakCtftfN AJvcftiscmcni tor B J Pjwkjge#2: General Contractor for the n^ ^g Lake Fire Station Project, Bid Package UNDER SEPARATE CONTRACT TO THE OWNERS ^ ^ The 0*nef will have other Cooir^beyond this Budding Package-for work such as radio communication syssems. this^kjfe must coordiniic their work with these other separate Owners Contracton. BID PACKAGE • SrrEWORK PACKAGE I: CIVIL The Owners have already awarded a Civil / Site work packife. (bid Package • 1). which provides for. but is not necessarily limited to the following; Site clearing and grubbing Site grading All required soils correctioas Topson stripping St stockpiling on site Rock construction emrioce (1) Erosion control. (Silt fence). All mile, unclassified excavation Provide, place and compaction of granular borrow Tree removal Wetland Miugation The soils coaection and engineered fill portion of Bid Package •! Has been conftlcird The contract Bid l^kage e| tirjl pj)merit vkil! he mjile pnor t<* avkAid ol Bid a2 Iheav^ardcd bidder of Bid Package 92 shall auume the responsibility of removing excess overburden and importing specified material necessary to correct the foundauon for the biulding to finished flooi elevation as shown in bid documenu. BID PACKAGE • 2 The Ciues of Long Lake. Orono, and Medina request sealed bids for the construction of the new Long Lake Fire Stauon Facility and all assocuted site work to be located directly south of the new Highway 12 expansion on the east side 01 Willow Dnve in Long lake. Minnesota. Bidding to be Single Prune Contract with combined Uencral. Mechanical and Electrical Bids. Sealed bids will be received at (he City Administrator's office at l.oog Lake City Hall, located at 1964 Park AvTnue. in Lone Lake. Minnesota. 55356. until 2:00 1^1 Tiiesday, March 19, 2002 CST. I .ds received after this tune will not be accepted. A public bid opening All! take place m the Council Chambers. City of Long Lake. 1964 Park Avenue, m Long Lake. Minricsota. 55356. at 2.00 p m on March 19. 2002 CST. Copies of documents shall be available on or about February 20.2002. ai the Architect's Office; Boarroan Kroos Vogel Group, Inc., 222 N. Second Street Ntinneapolis. MN 35401 Doctiments are also available for public inspection at: Minneapolis Builders Exchange. St. Paul Builders Exchange. St Cloud Builders Exchange. F w Dodge Plan Room, and Construction Market Data in New Hope Prime Contractors. (General.\ MechanicaL St Elccmcal). may obtain up \ to t uee sets of documents from the Aa iteci’s (Xfice fev a refitfidable deposit of 5125 per set and a nonrefundable nulling fee of $15 (separate checks) if a Svufiae bid is submitm and documents are returned within ten (10) working davs of the bid opening. - provided the dtKumenis are compleie. in clean and usable condition and free from marks or other defacement. The cost of rrrlacuig missing or damaged documents will be deducted from the deposit. Bidders awarded a Contract may retain the Biddu^ cuments and their deposit will be refunded Purchase of individual drawings or specifications pages arc available at the cost of printing. No refunds will be made on this purchase. Sub-contractors and material suppliers requesting drawings or specifications muu purcTuy items required (S 2.30 / Sheet'aod $ 0 33 / page) Bid Bond. Proposals shall be accompanied by a utisfactory bidders bond or cerufied check in the amount of ^ peter ty of the base hd pn^nal payable 111 (he Cii> oi I ong I ake The amount ol the bid will be lurteited to the Cinr ui the event that the successful bidder fails to enter into t contract. The Ciues of Long Lake. Orono. and Medina reserve the nahi lo retain the depoviu of (he three lowest biddcrv for a penod not to esceed h^^v five (451 davs alter (he date and ume set for the bid opemng No bids may be withdrawn for a period of forty-five (43) days aher the dale tod ume set for the bid opening. Alternate prices to be held for sixty (60) days after (lie time set (or the opening of the bids Performance ana Payment Bond. Prime Contractors shall rumish (o the Owner a Contract Performance and Labor and Maceriah Paymeai bond (AlA Form A311) for the full asnouni of (he work. Cost of Bond ihaD be idencified on (he proposal fonn in the ipaoes provided Cost 01 the Bond shall be paid by the Contractor. Rejeeboo and Bid Award Ibe Cities of Long Lake. Medina, and Orono reserve the right to reiect any or all bids and to waive ioiormalities and irtegulahiies therein in the biddiaf The Ciues further reserve (he right lo award (he Contract m their own btst interest. The successful bidder will enter into a oofmaci with the Cities of LoQg Lake and Orono. Alternates may be selectively accepted or rejected in any Older ai the Owner's disaeuon. All Contracton are to hold all bids valid for tixiy days This project has a seven dav pnur ipprc«val clause .Michclic .\f i>c.C*i) Admifusiiaior Ci()^of Long Lake ADVERTISElWeMTS FOa BIO ■ Mao11lc,ND Peter Boc Jr. Ekmcntanr Addition CLOSING DATE 2^002 INVITATION TO BID PROJECTT Peter Boe Jr Elementary Addiuon 20 - 2nd St N'W M^vUlc. ND 58237 BIDSO.OSE Fcbrtiary 2«, 2002 1:00 pjn. CST PROJECT# 20012870 DATE OF ISSIJE. February 2002 BY EAPC 3l(»DcMERSAV'ENL^ GRAND FORKS. NORTH DAKOTA 58201 PHONE (701)775-5507 FAX (701)772-3605 OimiNE OF PROJECT One story 8.000 SF gymnasium with 8.000 SF one story metal building system classnwm addiuon and 2.000 SF locker/loilel area addiuon/remoiiel with masonry, divwal). steel loisis. and built up roof Minor demotion at ccnnecting areas to existing school as required on a me. with an existing butliliog demolished and back filled ^ others under another contract. TT'PE OF BIDS Single combined bids will be received for all portions of the work. The successful bidder will be (he single Prime Contractor for (he Proj«t. TOEON^'NEIL May.PotCG School District #14 9(X) West .Main Sueet M^vilIc.ND 58257 BID PLACTE Office of the Business Manager. Phyllis Enger Mawille High School Mavville. ND 58257 Bids received after the designated time will not be accepted. All mtercsted parties are invited to attend Bids will be opened and publicly read aloud It is the bidders responsibility to sec (hat mailed or delivereo bids are in (he bands of the Owner prior to (he lime of (he bid ope nine obtaining DOCUMENTS Drawings and Specifications may be examined at (he Architeci/Engineer's office, and the Owner's office at the address shown above and: Consiiucuon Market Data. Dodge Plan Room and SCAN in Minneapolis Minnesota Builders Exchanges at Minneaiwlis. St Paul Noftn Dakou Builden Exchanges at Bismarck. Devils Lake. Fargo. Grand Forks. Muiol South Dakou Builders Exchanges at Rapid Cir>. Plains m Sioux Falls Bidding dixumem^ nuy be obumed by prune bidders and major sub-bidders (hirohanical and Ekctrical) from EAPC upon roquesL A Doo-rofiaidable paymttu Of $100 00 IS required for one set. Pamal vcu of pnms and specifications may be obtained from EAPC by other than the above The paiUal sets will be distnbuied upon receipt of payment for the tnfonnauoo char^ ai (he cuneoi rcproductioo rate. None of this payment will be refunded Completeness and adequacy of (he list of documents roquesied shall be the iffipomMty of the person makiog^the request BID SEClTklTY Each bid shall be accompanied by a separate envelope containiM a Bidden Bond in a sum equal io five percent of the hiO amount of the bid. including all add alternates, executed by the bidder as principal and by a Surety Company autnoriied to do business in this Sune. conditioned that if (he Principal's bid be accepted and (be contract awarded lo him, be. within ten days after nouce of awanS. wiD execute and effect a contract in accordance with the terms of his bid and a Con*ractor‘s Bond as required by lew and the regulations and determinations of (he governing Board. Cash, cashier's checks or certified checks will lyt be accepted Sec Ins!ru.ti'»n\ to Bidders OOlOO 7 NUKIH DAKUIA I AW’ All bidders must be licensed for the highest amount of (heir bids, as provided by North Dakou Century Code Section 43-07 05. and no bid be trad or ooQsukrvd which does not fully comply with (he above provisions as to bond and licenses, and any bid deficient m these respects submitted will be re-sealed and returned to the bidder immediately PREBID MEETLNC. 'There will be a meeting of pnispectiirc bkSden at l:Ci0 pjn., February 19. 2002 at the Fclcr Boc Jr. Elemenlary School MulU-purpoae room. All looae with questions for the Owner and A/E are Invited lo attend. THE OW NER reserves the right to waive ineeuLanties. to reject Bids and to hold all Bids for a penod of 2Q days after the date fixed for the opening thereof By order of Phyllil LngCLBttimCi> 7I-I5/2.22 Minnrtunka. MN Operatioru & Mainlenanre Facility CLOM.Nt; DATF 3/12/2002 APVLRriSEMFNT FOR BIDS CITY OK hILNNETONKA 14600 MINNETONKA BOILEVARD MINNETONKA. MINNESOTA 55345-1597 Bids for Operatioru & Maintenance Facllitv Bid No. 02-004 TO W'HO.M rr MAY CONCERN Notice IS hereby given that sealed bids will be rcccivea until 2:00 p.in.. local (Ime, on Tiiesday. Marcn 12, 2002. and will be (hen be pubU^ opem read aloud in (he C ouiki I Charnbm at City Hall located at 146(X) Minnetonka Boulevard for all labor and matenab to iom work construct a new faahty for the OtoeraD' axx! MaintcruxKC DeponmenL Die w iiH'ludes demohtnvi of existing buildings, siiework. minor modilicatioa of cxisung building, new footings, fioori. walls, roots. Tinishes. mechanical work. electTwal work, equipment and all lelaied Items as shown on the record caatract documents The new facility is appruunutely 74.000 square feet in size. The scope of work is in accordance with plans and specifications prepared by . and available from, (he office of the Architect Oertcl Archllcctf. 1793 St Clair Avenue. St Paul. MN 33105 Telephone (651)6^5186. Upon receipt of a deposit check of $20(3 00 prime bidders may obtain sc((s) as follows: General Contracton are limited to two sets and Pnme Mechinical/ElectricaJ Contractors to one set each. An additional $20 nil p^r vet iv required in the lorm ot a separate cheex. if the Architect is to auU or deliver scu lo the contractor Mailing checks will not be refunded, but deposit checks will be refunded to those whi> return (heir sets in good condiuon withan ten days of the btd date no exceptions Copies of m plans and specificaooos may be examined at the office of the Director of Opemioos St MaioieiuDce. 11322 Minneiookt Boolevard. Minnetonka. Minnesou. Documents will also be available for review at FW Coraoratioo. Consinictioo Market Data. MamMolii and Sl Paul Builders Exenangei^^^ niiiiiieiooM Bomevaiu. AO tmeramd bidders are required to attend ibis meeting All proposals shaD be made 00 fonns similar to mose anacbed to and naade a part of the proposed cooirict documms and s^l be a^dr^sed to; Brian Wag^strom, Director of Operations St Maintenance Ci^ of Minnetooka 14600 Minnetonka Boulevard Minnetonka. MN 35343-1397 and endorsed with (Nome of Bidder) O St M Facility Bid No 02-004 Each proposal shall be accompanied by a certified check or bid bood made payable to (lie City of Minnetooka io the amount of five (5) perxeot of (be bid as a guaramee (hat the bidder will enter into a contract with said City, io accordance with (he terms of the bid in cose (he bidder is awarded (he cootracL The City retains the nght to reject any or all of (Jie bids submioed, to waive any informally in any bid. to make (he award in the best interest of the City, and to hold all bids for period not to exceed thirty (30) days from said dme of opening bids and to bold the three low bids and bid sccuniiea for a period not to exceed sixty (60) days from said date of bid opening CITY OF R u N ’NETONKA By: Kathleen A. Magrew. City Clerk 2 22/3 1 /3-8 New Ulm. MN Conslruction Of Sioux IVaUs Mental Health Center CLOSING date: 3/12/2002 ADVERTISE.MENT FOR BIDS SIOUX TRAILS MENTAL IIFIALTH CENTER NEW UL.M, MINNESOTA Scaled bids for a 5400 i f. wood- frame builduig will be received by Sioux Trails Mcmfl Health Center at 1407 South State Street, New Ulm. Minnesota 56073 by mail or pcnooal delivery uobl 2.H» P.\t,'R'E^Y.Mtfdi 11,1002 at which ume and date the bids will be opened and read privately The Work shill include site work. construcUon of 90 ft x 60 ft by 10 ft 5 inch eave height, wood-frame bxuklioc. including site work, concrete worn, framing, doon. windows, roechanical and electrical construction. The Bidder shall submit theproposal on the forms provided. The Proposal shall be filled in clearly and correctly w ith ink or tvpewTUer. The individual snail sign the Proposal with ink, membas of the portnennip. or by one or more officers of (he corixirauoo making the proposal Drawings, specificauoos. and other contract docuroenu may be obtained at the office of the Architect/Eniinecr, i R S ENGINEERS St ARCUnECTS. Incorporated, 1409 North Riverton Drive - P. O. Box 1026. Mankaiq. ^^wefundable check ^,for MMBER. AND FAX NUMBER ^s deposit will be refunded if the bid dooimetm am re&aiKd in good oond[M either before the bid opening, 10 davs after subminaJ of a boaa fide bid All b*ids shill be sealed in an opaqM TitSWii; • k I; !• 3 vT I•I 12 B 2 »iv'K'i J /.>C£3CSE CONSTRUCTION BULLETIN •IWiuaylZ 2002 a SI #Cahner& BILLTOMUMBER INVOICE DATE INVOICE NUMBER •2143S 0MM002 2901101 A Oivition of R«ed Elsevier Inc. Construction Bulletin INVOICE BIN To: cmroFORONO ATTN:UNOASVEE POBOX66 CRYSTAL BAY. MN 55323-0066 Please direct quesUona to: PHONE: (868) 296-0945 FAX: (763) 537-1363 ADVERTISER: CITYOFORONO. 821435 CONSTRUCTION BUUETIN MAGAZINE LEGAL ADS >403100. MARCH 1.2002 SIZE FREQUENCY P.O. NUMBER: 1515.01 CAHNERS «: 2936104 1530 PER UNE>.00216 RATE IX $264.60 GROSS AMOUNT $264.69 ORDER TOTAL- AD CAPTION: LONG LAKE.MN NEW FIRE STATION PROJECT MESSAGE: 2-22,3-1-02* $264.69 TOTAL AMOUNT DUE PAYABLE IN U.S. DOLLARS PAYMENT DUE DATE $264.69 04/05/2002 j BILL TO NUMBER •2143SINVOICE DATE oammo2 INVOICE NUMBER 2001901 AGENCY COMMISSION DISALLOWED AFTER 30 DAYS FROM THE DATE OF INVOICE Page 1 oft Mall To: ASSOC CONSTR PUBL / CMD P.O.BOX 930141 ATLANTA. GA 31193 USA TOTAL AMOUNT DUE PAYABLE IN U.S. DOLLARS Wire To: FIRST UNION ATLANTA, GA 30092 USA ACCOUNTNO. 2000006579054 BANK ROUTING NUMBER 061000227 $264.69 VISA-MC* AMEX CAM-TOU FREE (800) 486-0014 When wiring pavmente please Include voor customer and Invoice nunWere l■^Ol ........... ......................................................■ f-nn III iifhr— on U^onni pfovidcd. The shJl^e filled m c»«"*y Wiih ink or typewntcr. ihaJI be siened in ink by>e u^vidui).nKinbrn ihejjirtn^h^. or by « or more olficen ofdK^wpamioo nuking contnci doKinicnts mi the o ft^^pinredTuoTK!S'?"”'fjv^e • P. O Boi 1026. Mnkaio. BID PACKAGE » 2 *n»e CiOM of Long Like. Orono. ind Medioi request sealed bids for the constnictioo of the new Long Lake Fire Stabon Facility and all associated site work to be located directly south of the new Highway 12 eapansioo on the cast side orWillow Drive in Long lake. Minoesota. Bidding to be SuJiJe Pnisu Contract with combined General. Mechanical and Electrical Biih anVERTISEMEWTS FOR B 1 DJ Mccnanicu ana . cations, and other , Scaled bids will be received at the non*refundable checkriftsisisviss^^- should jino be inejudedMiw .ncluded. PLE> )EYOim ADDWi^ \.v isn dfxuments are rtiuni^n goUlcoodi^ either before dKWopJoihg.10 days after siA^aal of a bona fide bvl All bids sbflibc {“ wtgg yM n aaa ---------------------- £'Ei5i2iiSyS:.®'I!S> pmo5M*thl9.2002CST Coptet of documents sh»llbe availal^ on or about February 20,2002, ... ^ A B1 I ■ —■■ aei VnvMM avauaDie on or aooui rcvriMi j av , tt the Architect's Office: Bonrinan Kroos • • r* _ .. I~ v; C/. es.l Cres<«^f.. ..s. ... ^ Mi.- ' * • .............. also available for public impcciion ai. Minneapolis Buddm Eachange. St Paul Builders Eichanee. St Cloud Builders Exchange. F W. Mge Plan Room, and Cbiistiuctioo Market Dau ID New Hope. Prime Contractors. (General. Marshall. Mioncsola TO W|6m^T may CONCERN: The City Council of the City of MarshaU receive bkh in d» Ow Chambers of the Municipal Building until 2:00 pjD. (local tfiMlMlbod^. MaftblftTaOOI hnnudiaaelyfoOom expiration of the dme for receivuig bids, the City Oerk/Financial Director and Facility Bid No. 02-004 TO WHOM nr MAY CONCERN Notice it hereby eiven that sealed bids will be receiver until 2:0t mjo^ local lime, on Ibcsday. March 12,local lime, on locsoay. marca 12, 20C^ and will be ten be puMi^ opc^ read aloud in the Council Chambm at City Hill located ai 14600 Minnetooki Boulevard for all labor and maiitiali to *lu^UcI^wo'lS2^Se^C«SS ro^icsiiKwfi ^falhcQsBi^ with the drawings and specific^ons prepar^ by the vTity of nlarshall, fw die nuking of the foUowme described local improvements under hlmncsouM/V.1 improvements under Sututes. Chapter 429 PROJECT 40135 ••\RKW\V rriiDc MechanicaL A EkctrKal). may obtain ^ to three sets of documents from the ^ ^ #__________C.____ 'wrrrT'STWSTyiHHHi The OweRr resenys qw right to h^ and con^ te bids for 30 days after te dJteX ^ .^ds shall be jrooQ^thj _ji of such A bidders ied copy of the five percent (5%) of ihe bid mcluding add-r bond shall include power of ttiomey^ The nghi we^aivc any uiform^ity in any buLitfW reject any or all bids is rcsenej^foihe Owner, wd Ahmch rny Administrator 10 inrec scis ui uuvuiiicimj VM" Anrhiteit’s Office for a refundable dranit of $125 per set and a nonrefunJable nulling fee of $15 (separate checks) if a bonafitt bid is submioed and documrats Hor«5iNr. \i<i»in«iN iNirKovFMi^M PROJECT iPlUiLJl Improvcroents between Madrid SlrreCChnnnel Purkwav, and Lctem Field Road by grading, aspfialt surfacing, curb and gutter, sanltan' sewer, storm sewer, sidewalks, walcrmalo, ■o**. Incidental Improvements according to ^jpUiu ana specificatloiw on file In the Office of the iJirector of Public $$o/i^City incluuo UKUWUUAIW titework, minor modificabou of existing building, new footings, floors, walls, roofs. Ttoisbes. mechaoicil work, electh^ wo^ equipmeoi and aD iclamd Items as shown on the record contract documents The new facility is ipr^iimafflv 74 000 square feet in sire are returned within ten (10) worlung days of the bid opening. • provided the documents are complete, in clean usable condition and free from marks or other defacement The cosi o f replacing mic\mg or damaged dcxuinents will be deducted from the deposit. Bidders awarded a Contract may retain the Bidding Documents and their deposit will be ref&ided. Purchase of individual Engbsccr. arid corisbU of Ite iolkr^ m^or Hems of work: BASF “ AiUi I'tUJi.'k jiHj »kwu»va-. |.icpa;c*. ut and available from, the office of the Afchiicct; Oertel Architects. 1795 St Clair Avenue, St. Paul. MN 55105. Telephone: (65 1 )696-5 186 receipt of a deposit check of $20(T(X) prime bidders may obtain set(s) as follows General Contractors arc liimted to two sets and Pnmc Mechanical/Elcctncal Contractors to one set each. An BASE BID: The mslorjl*™* Include approslmalcly 7502 CY. of Eicavatlon; 95^ Ton <w Aggregate B«e (Cl»s» 5). 3.424 Too of Biiumloous Surfaao|^ 6567 of 4 ’ P.E. Pipe Drain, *78 Sewer (Y'arious Sixes), 22539 S.F. of Concrete Sidewalk, 7,013 L.F.^ Concrete Curb Ac Culler, 3,839 Uf^________________________________ SaiUUrvSewer(Vari^Sixes).3,292 drawings or specifications pages arc I available at the cost of pnnting No I 17.194 S.k. of Geoleitlle Fabric, and refunds will be made on Qiis purchase | miKclUmeoas U^nu. contractor. Mailing checks will not be refunded, but deposit checks will be refiinded to those who return their sets in good coodmoo within ten days of the bid date, no excepbons. Copies of me plans and specificanom mav DC examined at the office of the Diri^:tor of Opermbons A Maintenance. 1 1522 Minnetonka Boulevard .Minnetonka. Mmnesou Documents will also be available fot _ J _ _ ____________ ^ ^ A . ^ Long l-ake,fiW C^:*Os£llGi')I^VlS^2 ADNXRTISEMENT FOR BIDS AJvertiKinem for Bid^luge • 2 reiunos wui oc m«uc un uu» Subcontractors and material suppliers requesting drawings or uqe Items required ($ 2 50 / lect and 5035 /page) ...... Bid Bond Proposals shall be accompanied by a satisfactory bidders bond or certified check in the amount of ALTERNATE BID: The major Hems Include approilmately 4,933 C.Y. of Excavation; 2.762^0 of ite Base (Class 5). 1.156 Tap ofAggregate tfUiae (Class 5). liiS6Ttw of BHuminous Surfacing, 1,629 of 4 ‘* P.E. Pipe Drain. 1.7^^ Storm review it FW Dodge Corporation Construcuon Market Data. Minneapolis and St Paul Builden Exchanges. A pre-bid coofcience will be bM at 5 pcHMU of te base p^ rf« te ^ ^ forfeited *p te Ciy(>neral Conc^^ jyjg success^ bi^ u UNDE. rs^'5' tSilSiag'vM s « ft‘ue.4^v!"“r«!SSS,:r.c; time set for the bid opemng Aliemaic prices 10 be held for suty (w) days ato Sewer (Va^ Sixe^. I Each Owiete [Headwall. 3.005 ^.F. of Conwie Sidewalk, L73l LXof CooerHeCurb A Cutter. 705 L.F. of SaiUlafy Sewer (Various Sixes). 838 L/. of H^term^ (Various Sixes). 3.758 S.I. of GcctoxtUe I ahric, and miscellaneous Hems. All btdi shall be made on te proposal forms of the City and snail be lelc-hone systems, computer systems. I All Coniracton bidding the work of this package must coordinate their work with these other separate Owners ^%‘iS"'^XcKAGE . l: CIVIL SITEWORK PACKAGE The Owners base already i Civil / Sue work package. (Bid P^kage • l). which provides for. but is not necessarily limited to the following Sue clearing and grubbing Sue grading required the time set for the opening of the bids Performance ana Pavmeni Bond Prime Contractors shall lurnish to the Owner a Contract Performance and I jJTw and .Materials Pavinent bond (AlA Form A311) for the full amount of the work Cost of Bond shall be idenofiedw the proposal form in the spaces provid^ Cost 01 the Bond shall be paid by the sue All require3 sods cofreciioni Topsoil stripping A stockpiling on paid by the Contractor. . ^ ^ Rejection and Bid Award. The Ciocs of Long Lake. Medina, and Oroiio reserve the nght to rtieci any or all bids and to waive informalities and trregulariues thereui in the bidding The Cioes further reserve the right to award the Contract in their own wst interest ESs'lon biji? •XenwiKto i All misc. unclassified excavation rnnoact with the Cities of Loog Lake and Provide, place and compacuon of Qrono Alternates may be selecuvejygranular borrow , Tree removal Welland Miiifition The voils coaection and eniincered nil portion ol Bid Package *10^ coaSeted The contract for Bid Package • I final payment will be made pnor to award ot Bid Package »2 The awarded bidder of Bid Package k2 shaU assume the rfsponiibiliiy of removing excess overburden ana importing specified Oono Alternates may be selecuvely accepted or rejected in any order at the Owner s discretion All Coniraviors arc to hold all bids valid f«>r sisfs davv Th:v projewt hav a seven-day prior approval clause Michelle Mone. City Adrmmstraior Citv of Long Lake 2 22/31 forms of the City and shall be accomparued by a cash deposit cashier s check, bid bond or certified c^ck payable to the order of the City Clcrk/Financial Director for not less than 10 percent of the amount bid. Bids shall be directed to the City Clerk/Financial Director, securely scaled and endorsed upon the outside wrapper with a bncf statement or summary as to the work for which the bid is made The City Council reserves the nght to reject all bids, waive trchnicaliaes. and to award such bid as deemed to be in the best interest of the City No bidder may withdraw his bid for at least 90 davs after the scheduled closing time lor the receipt of bids rua ..T____^ am MR mlM ftftPtam and specificaooAS are OQ fik in the Office of the City Enginew. W W'est Slain Street. Marshall. nW ^238- 1313. 507-537-6773. Copies of the iplans and specificaiions will be furoished request to any prospective bidder upon receipt of a nonrefundable deposit in the amount of $50.0(). Dated this I9th dav of Febniary. 2002 Thomas M. Meuiebroeck City Clerk/Financial Director A pre-bid coaTcrmce win be M at IO:(Kra.m. CST on March 4, 2002 at Ihe O A M fadlity site, 11522 MlnncCocika Boulevard. All uiterestei' bidders are required to attend thi meeuog ^ ^ ^ . All proposals shall be made on form similar to those anached to and made. part of the proposed contract documtni and shall be addressed to: Brian Wagsirom. Direcior o Operations A Maintenance Ciiv of .Minnetonka |4^J0 Minnetonka Boulevard Mmneionka. NLN 55345-1597 ar.d endorsed with (Name of Bidder) 0AM Facility Bid No 02-004 Each proposal shall be acconmame by a certified check or bid bond ^ payable to the Cuy of Nfinnetonka i the amount of five (5) percent of the bi as a guarantee that the bidder w ill enii into a contract with said City. i accordance with the terms of the bid i case the bidder is awarded the contrac The City retains the nght to rejc» any or all of the bids sunned, any informality in any bid. to t^xke tr award in the best interest of Ac Cii and to hold all buls for period n« t bi^ and bid secunoes for a period nrt exceed suty (60) days from said da errhSp iiiNN^.*<KA By Kathleen A. Magrew. Cuy Ckt 2-22/3-1/3-8 ____________importing specified material necessary to correct the fouodauon for the building to fuushed floor elevation as shown in bid documenu R BIDS Minoctoiikn, MN Operatioiu A Mnlnlenniict F|^ty .UaTsE'ABf’EWlDS BOULEVARD MINNETONKA. MINNESOTA 9S34S-I99T Monlictllo, Nl V 2U02 MooUccJjoSttdiuin Cl OSIN?OAT^*I4/2002 R£ ,i- EST FOR BIDS CONSnuCTKM KlUilW •Moreh 1.2002 • ( ( Hi I [iTTwiliJiliJ n.T1f--.T»Bii»] riiii»- uE«* ^.ViTifi • iIOiilKt ^r«rriiin •rOil'M-lii?! \7!r[WK f- < 1 - ^ Li ■TING «ir‘CTlNG MAR 2 5 2002 >N Ciiv UhUfvu DATEtManh 21,2002 ITEM NO: /if Agenda Section: City Administratoi's Report ve the end of his term, which is tanning Commission candidates ouncil appointed David Raun to ere are currently three alternates, Ein interest in being appointed to lo has served as an alternate, is : vacancy. However, since the iates, the Council may want to *> 2002 •••-'rnuG '"■’'-'A/O REQUEST FOR COUNCIL ACTION ^ S 2002 DATE:Marci'il',J«(te"^^ ITEM NO: / / Administrator Reviewed: __________________________________________________ Item Description: Planning Commission Rd&ppointments Department Approval: Name RonMoorse Title City Administrator Agenda Section: City Administrator's Report The current Planning Commission terms of Jeanne Mabusth, Dan Kluth, and Bill Stoddard expire on March 31. Bill is eligible for one additional term but has requested that he not be retqrpointed (see Agenda Item 18). Jeanne and Dan are each eligible to serve additional 3 -year terms. The first step in the reappointment process is to contact them to determine if they are interested in serving an additional term. COUNCIL ACTION REQUESTED Motion regarding directing staff to contact Jeanne Mabusth and Dan Kluth regarding their interest in serving an additional term on the Planning Commission. sion created by Bill Stoddard ’s 'ii ■ ‘ ■^INQ ' 2002 '"'»o/vo [ON 0 5 2002 DATE:M«rcii'i ‘l', ITEM NO: / / Agenda Section: City Administraloi*s Rqsort n Kluth, and Bill Stoddard expire luested that he not be reappointed I additional 3-year terms. The first if they are interested in serving an Dan Kluth regarding their interest REQUEST FOR COUN Department Approval: Name Ron Moorse Title City Administrator Administrator Item Description: Funding for Navarre Home Ow The City has received funding from CDBG, MHF Communities program to make several of the to\vnh development in Navarre affordable to households with median income. The funding is being used both to p down the mortgage. The final two units involve do' $7,350, and deferred loans of $35,000. The City has contracted with a non-profit organizati( administer the grant program. This includes mark eligibility, as well as assisting the applicants in the $7,200. Per the terms of the funding received by the City, the then reimbursed with the grant funds. The up front fi $89,550 from the General Fund to the Affordable H« temporary loan, no budget adjustments are required. COUNCIL ACTION REQUESTED: Motion to approve funding in the amount of $89,550 townhome units in the Lake Minnetonka Woods deve of the financial assistance program, such fimding to the Affordable Housing Grant/Loan Revenue Fund r« T ^ fj ri»iTiri ^Oli ^TTYnTriiHTTiiniraEra OTTiranTiTl] rik'iiiii RinTiTiliiTI^ ^ - J RllWii RTirr^ ^TTIC*IFTiTiimT^EimTiTO fniroiwniM [•TifliS WiTiJil ^TiTitUiK P. t • O SEn¥S liTtTimfM RT*JT^«lCHiJ FTfirinirii rrocfrrwo 9 DRAFT 3. Long Lake agrees that it will provide 350 units of sewer capacity to serve other properties in Orono as and when the properties connect to the sewer line. The properties that connect to this sewer line will be treated in the same way as other properties in Orono that have connected to Long Lake sewer lines. Long Lake will charge the same jj^connection fee S'.45<> per unit, uhieli includes a Metro SAC cluice ol'SI.2tiO. U> conneei u» the sower s^ slelll■ Thi> Tee is eoiv<islent with tlie 2<><>2 I ee Schedule as aJopieJ bv the ( il\ ( ■>uneil. lliin ii ehinjjtfs l .«^V;;-k;iKe eeiiiieel lo the server ‘<y?<lei>> »ettnvn>ty The Orono properties that connect to the Long Lake sewer line will not pay any other one-time or on going fees. Long Lake will receive a credit from the MCES for the sewer flow from the Orono properties, and Orono will be charged by MCES for this flow. 4. The Minnesota Department of Transportation has agreed to pay the full cost of constructing a water line to serve the fire station. The water line will cross the Parcel approximately as shown by Exhibit _____. The Parties agree that the waterline is available to scr\'e the outlot on the parcel as shown on Exhibit . I «'H ‘J I ake will eluiee a eonneeiion lee t>l S2.7n(> per iinil lor resitieiui.il piopenies ui ctmiieel lo the water s\ .Mein. I his l .-e is eoii.asi.nl \\itli the .''I'O.'! I ee SeheJule a.s aJopk\l Iw the Cii\ ( oiiiieil l.ona Lake agrees to provide water ser\ ice to this lot and charge a quarterly water service fee eo^■^i.slel1l \miIi ilie rales e>t.iI''i'l’.eJ b". ilie i'.\ ( \umeil lor pnMvnies on'.side ol llie t ih «■! I oii'-* I ,ike. •.•te.-tlei-UttW , 1;,4i,e-MM'..ie-l —4Ui,.;..\l pt.M-'eitie- in I •■ny Long Lake also agrees that if there is sufficient capacity in the Long Lake water system. iinJ water ser\ ice is requested, water service will be made available to the properties in Orono on the east side of Willow- Drive between Watertow-n Road and the new Highway 12, to the properties in the Hackberry neighborhood that currently receive sewer service through Long Lake, and to the properties on Woodhaven Drive. These properties would be charged a eonneeiion lee aiul quarterly water service fee eonsisieiii vxilli liie I ee Sel’.ednie as adopU\l b' llie I one I ake « it\ ( ouneil at ilie line ol ilie eonneeiion.ho IMIII) li'ili eO-ir^v<l i’.* rtii>tir>i f iC^ M r i 1 a!iv'. 5. The Parties agree that the Parcel has been platted as shown in Exhibit ____, and that the outlot w ill be under the sole ow nership and control of the city of Orono. The Parties agree that the fire station sits on approximately 2.04 acres of land as show-n by the plat, that the right of way for the public road serving the fire c-.ations is approximately .42 acre.«, and that the wetland mitigation area and storm water ponding ; ea provided for the fire station is approximately .5 acres. The Parties agree that this configuration is consistent with the iXgreement of August 8,2C01, in which the Parties determined that the fire station site will be "approximately three acres." 6. The Parties agree that the joint fire station account created by the Agreement of , will pay for 50% of the costs of platting the Parcel, including engineering costs of the sur\'ey and plat. Orono agrees that it will pay the other 50%. HC26DS4/4707/16554974 vl J-’fc'JOO ’Page 2 of 3 DRAFT 7. The Parties agree that the actual costs of the building permit and plan review fees, and storm sewer trunk fees -will be paid to Orono from the joint fire station account. 8. The Parties agree that this Agreement is a binding obligation, accepted by the resolution of each City council. The Parties agree that this Agreement may be enforced by the injunctive order of -a court of competent jurisdiction. HC2<DS4/4707/:6S54974.vl 2/240002 Page 3 of 3 CITY OF LONG LAKE - 2002 FEE SCHEDU^ RSSS*5^Cl5*(Contr8etorop(kOT»(llhprlofC%Ap 2M»qft Base Fee $200 g Oo ^ • Gravel Surface g qq gq • Asphalt, oor^crete. or bituminous 3 00 ^ • Portland cement concrete 5.0S0.00 SmtractoTSse Fee $50 ♦ Deposit |Sj)p01 RIGHT OF WAY ENCROACHMCMT Curb Cut Fee WATER SYSTEM Well inspection Minimum Inspection (City water) ,n New Main Line Service Tap (Appilt* to R-kknOai Propertitf out»i^ of i-L) New Main Une Service Tap (AppBmio Co«n*/crwProp«tto»OuitUte<^^^ New Main Une Service Tap (appo»» ui•wthweiHSbeenprevioi»!y«*a*Med(«w«ple:*ulxft4<l«*pr^^ New Main Une Service Tap ^p«e» »^ir«rup“/r.r«^/irun»s?3ia^^^^ (AppSes to oil piopoftfes «nd Is su^ct to IneieaM wHth proporty change oT use) Temporary Disconnect (for non-payment) Restore Disconnect (for non-payment) Permanent Disconnect SEWER SYSTEM Minimum inspection New Main Une Service Tap (Applies to residential a oommerctol properties Metro Waste Volume Charge per SAC Unit (2r4«wona per day) Not.: owi setbyMCES Permanent Disconnect WATER USAGE CHARGES Per 1,000 gallons - Residential and Commercial Commercial Hydrant Water Usage Commercial Hydrant Hook Up Fee Irrigation Sprinkler RSlden«alMa^^^ Based on winter usage (January March each year) Commerclal/lndustrlal Based on actual usage STORM SEWER singla Pamllv Residential Rev«Md3MA» 50.00 50.00 50.00 1,600.00 e.a 1,100.00 4,550.00 1,100.00do.oo 50.00 50.00 50.< miti* 2.50/gtr minimum 2.50/1000 resident 2.75/1000 non-iesldent 4.75/1000 & $35 Hookup per day o «;o/inoo ($10 minimum) Minimum: $7.00 3.64/1 boo gallons 3.64/1000 gallons 6.4S/gtr 21.30/a^ 900/Z00*d LIISI IX\n ONOl 10 AtZO ZZ96 9LI ZS6 90:91 2002i02*SVH i Multi-Family Residential Commercial Industrial Public/quasi Public Chijfehes/Schools/institutions PLUMBING PERMITS Interior Residential and Commercial Fixtures Exteriors Water Connection Sewer Connection Surcharge - per plumbing permit - Base Fee HEATING PERMITS (Based on Valuation) Up to $ -1.000 1.001 to 5.000 5.001 to 50,000 50.001 to 500.000 500.001 and up SurcharQe is .50 per $1,000 OR .0005 X Valuation WATER METERS 5/8 inch remote with fittings % inch remote with fittings 1 inc^ remote with fittings 1 Vi inch remote with fittings 1 inch remote with fittings Larger meters not supplied by the Ci___________ WaW METO accessories and ReLATBO¥QUIPMeHT 60.51/acre 54.24/acre 36.4S/acre 61 .47/acre 35.00 5.00/each 50.00 50.00 .50 $ 15.00 1.00/ per $100 55.00 + 3.00 / $1,000 190.00 + 2.00 / $1,000 1,090.00 + 1.00 / $1,000 5/8 Inch meter horn with fitUnga 1 inch meter horn with fittings 5/8 Inch meter base place with gasket 1 inch meter base plate witfi gasket Water Stop Box wMi operating Rod EXCAVATION AND GRADING PERMITS (based en cubic yards) 50 cubic yards or less 51 -100 cubic yards 101 -1.000 cubic yards 1.001 • 10.000 cubic yards 10.001 -100.000 cubic yards 100.001 and up Grading plan review fees 120.00 120.00 180.00 180.00 380.00 $40.00 60.00 20.00 24.00 48.00 1997 23.50 37.00 37.00 +17.50/100 194.50+ 14.50/1,000 325.00+ 66.00/10,000 919.00+ 36.50/10.000 TBO 900/C00‘d LT99«IX\n OM07 10 Alio ZZ9f 9Lt t0:9t r00Z.02*WH ZONING DevelopefS Fees Subdivision • less than 5 • 5 to 10 lots • morethan 10 Planned Unit Development (PUD) • Pfeliminaiy Development Plan • Final Development Plan • Amendment • Amendment with additional building Conditional Use Permit (CUP) • Commercial Properties • Homestead Properties • Non<Homestead Properties Zoning Variance • Commercial Properties • Homestead Properties • Non-Homestead Properties Site Plan Review • Multiple Family (Including Duplexes) • Commercial/Industrial • Lot Correction Accessory Structure Zoning Review Amendment of Zoning Ordinance Amendment of Zoning Map (rezoning) Copy of the Comprehensive Plan (Color) Copy of the Zoning Code Copy of Downtown Master Plan (Color) FALSE ALARMS (Police and Fire) Charge per call, each calendar year • 1 - 3 per calendar year • 4 - 7 per calendar year • 8-10 per calendar year m 11 - & UP per calendar year INTOXICATING UQUOR On sate liquor license On sale Sunday liquor license Off sale liquor license Investioatlon fise WINE On sale wine lioerwe (includes On Sale In! $250 $350 $500 Escrow 300.00 * Escrow 130.00 250.00 $300.00 200.00 300.00 *i*x« •$31 200.00 300.00 $350 $5 per unit $250 4'$5perl000irerbldg $200 25.00 500.00 500.00 35.00 35.00 35.00 0.1 50.1 200.00 500.00 6.000.00 200.00 100.00 500.00 •Hill 900/100*4 a»si sxva SNOl JO AXI3 9L\ 496 90:9I 4004iC4*«VH NON INTOXICATING MALT LIQUOR On Sale Licensa Off Sale License Temporary on sale license GAMES OF SKILL (gambling and raffle) CIGARETTE SALES DOG LICENSE Neutered or spayed Non-neutered or Non-spayed SOLICITATION ANIMAL CONTROL Impound - First time Impound - each ADDITIONAL time SIGNS Temporary Sign Permit Permanent Sign Permit • up to 16 square feet • 17 • 32 square feet • Over 32 square feet based on square footage GARBAGE HAULERS Residential License (per year) Commercial License (per year) MISCELLANEOUS CHARGES and FEES Rent Council Chambers Returned Check Fee Special Assessment Searches Recycle Bins - New Resident 1** bin (PaM by RecyeUno ConMnium) Additional Bins Bum Permits Special Event Permit funless acorwored bv non-profit oraanfastion) Copies foer sheet) Maps • Large CHy Map • Small City Map • Zoning Map (color) • Zoning Mao (Black/Whitel $1 SO 5. •mu $10 • * •m»i* $12.00/2 year licensa $25.00/2 year license $25.00/10 days $100.00/10*^ days $25.00 30.00 30 days - 25.00 (can have 3 • 10 day units $25.00 each time) 25.00 50.00 75.00 100.00 100.00 $15.00 $15.00 $ 12.00 No charge $3.00 each No Charge $50.00 .25 cents 8.00 3.00 5.00 900/900*4 tnsf UtVl ONOl iO JUZO ZZtt 9Lt Z9t 90>9I {OOZiOZ'WN 900/900*4 4I9S#Ul\n 9H01 iO Alls »9( 9A» Zii 90<9l ZOOZiOS'WM »«..--- -- . L . DRAFT AGREEMENT This is an Agreement between the City of Long Lake, Minnesota (Long Lake) and the City of Orono, Minnesota (Orono), collectively called the Parties (the Parties), on certain matters with respect to the joint development of a fire station situated within the City of Orono. WHEREAS, the Parties have entered into a previous Agreement on August 8,2001 (Settlement Agreement) for the Joint construction, ownership and operation of a new fire station; and WHEREAS, pursuant to the Agreement of August 8, 2001, the Parties have agreed to purchase property in Orono for the new fire station site. The fire station site is a portion of a larger parcel legally described as _______________________(the "Parcel"); and WHEREAS, certain matters have arisen with respect to the development of this Parcel which the Parties desire to resolve and memorialize as an enforceable Agreement; NOW, THEREFORE, Long Lake and Orono, for good and valuable consideration, receipt of which is mutually acknowledged, do agree as follows: 1 . The Parties agree that the Parcel will be served by a public road which will provide access to the fire station and to the outlot created to the east of the fire station. The public road is shown on the attached Exhibit A. The construction cost of this road will be funded from the joint fire station account, as created by the Agreement of August 8, 2001 . The fire station account will be reimbursed for 50% of the construction cost of the road, plus interest at the annual rate of 4%, when the outlot to the east of the fire station is developed. 2. The Minnesota Department of Transportation has agreed to pay the full cost of providing a sewer line to serv e the fire station. The sewer wall cross the Parcel approximately as shown on Exhibit A. The Parties agree that the sewer line may be built to specifications which provide for greater sewer line depth than the sewer line for which the Minnesota Department of Transportation has agreed to pay. The Parties estimate the additional expense of the deeper sewer line to be approximately $70,000.00. Orono agrees to pay the additional costs. HC26DS4. 4707/ 26554974 vl 2/26 2002 Page 1 of3 DRAFT 3. Long Lake agrees that it will provide 350 units of sewer capacity to serve other properties in Orono as and when the properties connect to the sew'er line. The properties that connect to this sewer line will be treated in the same way as other properties in Orono that have connected to Long Lake sewer lines. Long Lake will charge a connection fee of S3,450 per unit, which includes a Metro SAC charge of $1,200, to connect to the sewer system. This fee is consistent with the 2002 Fee Schedule as adopted by the City Council. The Orono properties that connect to the Long Lake sewer line will not pay any other one-time or on-going fees. Long Lake will receive a credit from the MCES for the sewer flow from the Orono properties, and Orono will be charged by MCES for this flow. 4. The Minnesota Department of Transportation has agreed to pay the full cost of constructing a water line to serve the fire station. The water line will cross the Parcel approximately as shown by Exhibit A. The Parties agree that the waterline is available to serve the outlot on the parcel as shown on Exhibit A. Long Lake will charge a connection fee of $2,700 per unit for residential properties to connect to the water system. This fee is consistent with the 2002 Fee Schedule as adopted by the City Council. Long Lake agrees to provide water service to this lot and charge a quarterly water ser\ ice fee consistent w ith the rates established by the City Council for properties outside of the City of Long Lake. Long Lake also agrees that if there is sufficient capacity in the Long Lake water system, and w-ater service is requested, water service will be made available to the properties in Orono on the east side of Willow Drive between Watertown Road and the new Highway 12, to the properties in the Hackberry neighborhood that currently receive sewer ser\ ice through Long Lake, and to the properties on Woodhaven Drive. These properties would be charged a connection fee and quarterly water service fee consistent with the Fee Schedule as adopted by the Long Lake City Council at the time of the connection. 5. The Parties agree that the Parcel has been platted as shown in Exhibit A. and that the outlot will be under the sole ownership and control of the city of Orono. The Parties agree that the fire station sits on approximately 2.04 acres of land as shown by the plat, that the right of way for the public road serving the fire station is approximately .42 acres, and that the wetland mitigation area and storm water ponding area provided for the fire station is approximately .68 acres. The Parties agree that this configuration is consistent with the Agreement of August 8, 2001, in which the Parties determined that the fire station site will be "approximately three acres. HC26DS4. 4707, 26554974.VI i'26,2002 Page 2 of3 T ; DRAFT 6. The Parties agree that ti?e joint fire station account created by the Agreement of August 8,2001, will pay for 50% of the costs of platting the Parcel, including engineering costs of the survey and plat. Orono agrees that it will pay the other 50%. 7. The Parties agree that the actual costs of the building permit and plan review fees, and storm sewer trunk fees will be paid to Orono from the joint fire station account. 8. The Parties agree that this Agreement is a binding obligation, accepted by the resolution of each City council. The Parties agree that this Agreement may be enforced by the injunctive order of a court of competent jurisdiction. HC26DS4/ 4707/ 2AS54974.VI 2/2fc2002 Page 3 of3 t 11^4 REQUEST FOR COUNCIL ACTION 2 5 2002 DATE: MarchW.^iW^'^ ITEM NO: 20 Department Approval: Name RonMoorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Rqwrt Item Description: Award of Bid • Fire Station Project The bids for the new Long Lake fire station were opened on Tuesday, March 19. Seventeen bids were submitted. A copy of the bid tabulation is attached, as well as a spreadsheet comparing the budgeted, or estimated, costs to the newly projected costs based on the low bid. The low base bid was $1,864,000 by Rochon Construction This is $454,000 under the estimated cost. Reference checking on Rochon Construction has been positive. The Project Manager indicates Rochon is a quality contractor. In addition to the base project costs, the bid included four add-altcmates. The cost of the add- altemates is as follows: Sixth Bay: Hose Tower: Ambulance Space: Epoxy Floor: $70,000 $80,000 $22,000 $25,000 The Joint Fire Station Construction Committee is meeting at 3:00 p.m. on Friday, March 22 to arrive at a recommendation regarding the bid award, including a recommendation regarding the add- altemates. If the Committee is able to agree on a complete and comprehensive recommendation that resolves all issues, the recommendation will be biought to the March 25 regular Council mec-ting for Council action. If the Committee is not able to agree on a complete and comprehensive recommendation, the Council may be asked to continue action regarding the bid award to a special meeting which has been posted for 6:00 p.m. on Tuesday, Match 26. Gabriel Jabbour will attend the March 25 meeting to update the Council regarding Friday’s Joint Committee meeting, particularly regarding whether the Committee was able to arrive at a comprehensive recommendation. COUNCIL ACTION REQUESTED: 1. Motion regarding the award of the bid for the new Long Lake fire station. . « i'aT ; * • — -imfitorr'a mi i rii < ' n r n • rt; rr :T# : K* f •f • I • SVaiKt nmiri]^»rr#ni nrl* • t •II • • III • I •!• • • • :iii4 •Ill* • • i j.M.lnv riTiiT*riTiiii •:ni • ••:•!•:•• '• nm I ^ or* Ki iw •!• • •III I I •!• • •III • • • I •It • • ;!• • • ;I«y: • L-I# • I •!• • • •!• • I •!• • • • II I ••It • • IMKLKC3IMK2HI1 HWiK •IMiCIli Tyimwi mss • •111 nim«] i )■ \{-in ost PROJECTED $225,100.00 $15,000.00 $75,330.00 $3,200.00 $5,000.00 $10,000.00 $35,047.00 $8.000.00 $376,677.00 OOl REQUEST FOR COUNCIL ACTION ^ 5 2QQ2 DATE; MarclcWy200g„i^,^^ ITEM NO; Department Approval: Administrator Reviewed: Name Lin Vee Title City Clerk______________ ___________ Item Description: List of Licenses for Cojificil Approval Agenda Section: Licenses SET-UP LICENSE ilKIt WIllDTl state of Minnesota County of Hennepin City of Orono T License No: |2002>12i Amount: | $10o!ooj /oT o\ Upon investigation and satisfactory evidence of the qualification of the licensee, this license is granted and pursuant to application and payment of fee thereof, and is subject to all the provisions and conditions of the laws of the United States, the laws of the State of Minnesota, the regulations and ordinances of the City of Orono, and the rules and regulations of the Liquor Control Commissioner, pertaining to such; and subject to revocation according to law for violation thereof. This license is not transferable except by consent of the issuing authority. Granted To: Business Name: Business Address: Commencing: Terminating: Business Description: Dan Scherven Navarre Lanes 3425 Shoreline Drive April 1. 2002 March 31, 2003 Bowling Lanes Issued by authority of the City Council of the City of Orono, Minnesota on; March 25, 2002 Attest: Barbara A. Peterson, Mayor Linda S. Vee, City Clerk 11 . rT CITY OF ORONO Aft SPECIAL EVENT PERMIT Date Issued: Date of Event: Time: March 26.2002 May 18, 2002 8:00 a.m.- 10:00 a.m. Name of Persoa(s) And/or Organization Sponsoring this Event: Sergeant Correy Famiok Orono Police Department 2730 Kelley Parkway P.O. Box 86 Phone: Crystal Bay, MN 55323 952-249-4700 Type of Event:Police Chase” - 5 Kilometer Walk/Run Location of Event: City of Orono parking lot to Old Crystal Bay Road North to County Road 6 to County Road 201 to Baker park; return on same route The following documents are required and on file at the City Administrative OlHces: • Certificate of General Liability Insurance • Route of Race Event • Approval from Orono Police Department • Approval from Orono School District for event parking The following conditions have been placed on this event: • Event organizer to provide assistance along the route and ai road crossings for traffic control. • Runners are not to obstruct traffic. • Notification of the event to Hennepin County Department of Transportation and Three Rivers Park District. • The special event permit is subject to immediate revocation by the Orono Police Department upon violation of any City Ordinances or identification of hazards to safety of the public. Approved at City Council meeting on: March 25,2002 (City Seal) Ronald J. Moorse, City Administrator 2750 Kelley Parkway, P.O. Box 66, Crystal Bay, MN SS323 Phone; 952-249-4600 / Fax: 952-249-4616/www.d.oroDOJnaus 1 » A..1 ^ til^JJ CITY OF ORONO •' ■% SPECIAL EVENT PERMIT Date iMued: Date of Eveot: Time: March 26.2002 May 18.2002 9:00 a.m. - Noon Name of Peno»(s) Aad/or OrgaaiiatioB Sponsoring this Event: Sergeant Correy Famiok Orono Police EteparUnent 2730 Kelley Parkway P.O. Box 86 Crystal Bay, MN 55323 952-249-4700Phone: Type of Event:City of Orono Open House Location of Event: City of Orono parking lots, Kelley Parkway, and Administrative offices The following documents arc required and on file at the City Administrative Offices; • Certificate of General Liability Insurance Site Plan showing location of all participants Approval from Orono Police Department Approval from Orono School District for event parking The following conditions have been placed on this event: All event parking will be at the Orono Schools parking lot. Event organizer to provide for cleanup of grounds at completion of the activity. The special event permit is subject to immediate revocation by the Orono Police Department upon violation of any City Ordinances or identification of hazards to safety of the public. Approved at City Council meeting on: March 25,2002 (City Seal) Ronald J. Moorse, City Administrator 27S0 Kelley Parkway, P.O. Box 66, Crystal Bay. MN 53323 Phone: 952-249-4600 / Fax: 952-249-4616/www.cLonnojnn.us CITY OF ORONO *Check Detail Register® MARCH 2002 Check Amt Invoice Comment 0W2«2 9:18 AM Page 1 ---------- •—ting MAR 2 5 2002 uii r ur UhUt^u 10100 PhmefyCeeh Paid Chk# 073153 3/25/2002 A.J. GALLAGHER A CO OF MN. INC 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 101-42110-370 Insurance Agent of Record E 613-49830-370 Insurance Agent of Record Total A.J. GALLAGHER A CO OF MN. INC $80 00 17412 $185 00 17412 $550 00 17412 $91000 17412 $7500 17412 $1,^00 Qtr2lns Agent Qtr 2 Ins Agent Qtf 2 Ins Agent Qtr 2 Ins Agent Qtr 2 Ins Agent PaidChKA 073154 3/25/2002 ANCHOR PAPER E 101-41900-201 Office supplies Total ANCHOR PAPER $674:95 137127101 $674.95 Copy Paper Paid Chk# 073155 3/25/2002 ARAMARK REFRESHMENT SERVICES E 101-41900-201 Office supplies $133 40 6013-240291 Coffee. Cream E 101-42110-439 Meeting Expenses $133 56 6013-240292 Coffee, Sugar E 101-41900-201 Office supplies $66 00 6013-240293 Coffee-PW Total ARAMARK REFRESHMENT SERVICES $332.96 Paid Chk# 073156 3/25/2002 BATTERIES PLUS E 602-49450-227 Utility System Maint Supplies Total BATTERIES PLUS $101.12 104696 $101.12 Battery - LS #4 Paid Chk« 073157 3/25/2002 BLACKOWIAK ft SON E 101-4190(M04 Repairs/Mainl-Bldgs/Grounds E 10M5200.404 Repairs/Maint-Btdgs/Grounds ToUl BLACKOWIAK ft SON $191 72 10121941 $157.80 10122018 $349J52 Waste Service 2/2002 Waste Service 2/2002 Paid Chk# 073158 3/25/2002 BOYER FORD S TRUCK E 101-43000-402 Repairs/Maint-Auto Equip $625 68^ 407943 Electrical Repairs #426 Total BOYER FORD S TRUCK $62568 Paid Chk# 073159 3/25/2002 CARLSON EQUIPMENT E 101-43000-221 Equipment Parts & Accessories ToUl CARLSON EQUIPMENT $73 18 2005709 Seats, Fitter - Backhoe $73.18 Paid Chk# 073160 3/25/2002 CHAMPION AUTO STORES E 101-43000-221 Equipment Parts & Accessories Total CHAMPION AUTO STORES $3 28 0132265 S3 28 Brass Fitting Paid Chk# 073161 3/25/2002 CRYSTEEL E 101-43000-222 Vehicle Equipment A Parts ToUl CRYSTEEL $115 66 F106011 $115.66 Plow Control-#431 Paid Chk# 073162 3/25/2002 CYS UNIFORMS E 101-42110-226 Clothing & personal equipment Total CYS UNIFORMS $27^0 8593 $278.70 Pants. Shirts - McNichols Paid Chk# 073163 3/25/2002 DAHLGREN SHARDLOW S UBAN E 101-43290-800 Special Projects. Contingency ___$663 95 22886 Total DAHLGREN SHARDLOW S UBAN $663 95 Comp Plan - GIS Mapping Paid Chk# 073164 3/25/2002 DE BAERE, DON E 101-43000-331 Travel Expenses Total DEBAERE.DON $15 87 3/20/02 MUeage Reimbiirsment $15.87 Md Chk# 073165 3/25/2002 DELTA DENTAL CITY OF ORONO *Check Detail Register® 03/22/02 9:18 AM Page 2 MARCH 2002 CheeliAffit Ifivoice Comment G 101-21709 Dental Insurance $1,359.70 37220072 Dental Insurance - 4/2002 Total DELTA DENTAL $1,359.70 PaidChk* 673166 3/25/2002 DEPT OF AOM • INTERTECH GROUP E 101-41900-311 Data Processing Communication $37.00^ DV02016282 PVC Charge • 1/2002 Tout DEPT OF ADM-INTERTECH GROUP $37 00 PaidChk* 073167 3/25/2002 DEPUTY REGISTRAR E 101-42110-441 Licenses & Taxes $9 50 CRZ540 Registration • Sqd 177 E 101-42110-441 Licenses & Taxes $9 50 FV5657 Registration • Invest Sqd Total DEPUTY REGISTRAR $19.00 Paid Chk* 073168 3/25/2002 DICKS AUTO DETAILING E 101-42110-402 Repairs/Maint-Auto Equip $1,05000 14138 Squad Car Cleaning ToUl DICKS AUTO DETAILING $1,050.00 PaidChk* 073169 3/25/2002 E-ZRECYCLING E 101-43270-316 Contract Recycling Pickup $6,317.64 3434 Curbside Recycling - 2/02 Total E-Z RECYCLING $6,317.64 PaidChk* 073170 3/25/2002 ELECTRIC PUMP E 602-49450-406 Repairs/Maint-Swr tines/lifts $4,424.17 19875 LS #23 - New Check Valves ToUl ELECTRIC PUMP $4,424.17 Paid Chk# 073171 3/25/2002 ENGINEERING REPRO SYSTEMS E 601-49400-201 Office supplies $19 38 25826 Plan Copies ToUl ENGINEERING REPRO SYSTEMS ' $19^38 PaidChk* 073172 3/25/2002 FEDEX E 101-41900-322 Postage ___$16,85 4-148-52012 Delivery to Flint ToUl FEDEX $16-85 Paid Chk# 073173 3/25/2002 G & K SERVICES E 101 -43000-226 Clothing & personal equipment $57.23 146495 Uniforms E 602-49450-226 Clothing & personal equipment $24 54 146495 Uniforms E 613-49630-226 Clothing & personal equipment $772 146496 Uniform - Steffenhagen E 601 -49400-226 Clothing & personal equipment $1408 146497 Uniform - Rathbun E 602-49450-226 Clothing & personal equipment $25 82 153522 Uniforms E 101 -43000-221 Equipment Parts & Accessories $47.61 153522 Shop Towels E 101-43000-226 Clothing & personal equipment $60 24 153522 Uniforms E 613-49830-226 Clothing & personal equipment $7 72 153523 Uniform - Steffenhagen E 601 -49400-226 Clothing & personal equipment $1408 153524 Uniform • Rathbun Tout OAKSERVICES $259 04 PaidChk* 073174 3/25/2002 GAPPA.GREG E 101-42400-331 Travel Expenses $111 05 01/03A)1 Mileage Reimbursement Total GAPPA,GREQ $111.05 Paid Chk# 073175 3/25/2002 GOPHER STATE ONE-CALL E 601-49400-489 CMher Miscellaneous Charges $7 75 2020605 February Locates ToUl GOPHER STATE ONE-CALL $7.75 PaidChk* Ohi>6 3/25/2002 GRAFIXSHOPPE E 101-42110-402 Repaira/Maint-Auto Equip $135.30 23345 Roof Numbers • Squads Total GRAFIX SHOPPE $135 30 PaidChk# 073177 3/29/2002 CITY OF ORONO 03/22/02 9:18 AM Page 3 *Check Detail Register© MARCH 2002 CKeckAmt Invoice Comment E 10M1900>329 Other Communications Total HENNEPIN COUNTY INFOR TECH DPT $86 73 3/11/02 Data Base Access^2/02 $86 73 PatdChk# 073178 3/25/200? HENNEPIN COUNTY SHERIFF G101-20200 Accounts Payable 1-138-212 Jail Charges-11/2001 Total HENNEPIN COUNTY SHERIFF $294.90 PaidChk# 073179 3/25/2002 HENNEPIN COUNTY TR-TAX PYR SRV E 313-47000-489 Other Miscellaneous Charges E 601 -49400-489 Other Miscellaneous Charges E 602-49450-489 Other Miscellaneous Charges E 314-47000-489 Other Miscellaneous Charges E 681 -47000-489 Other Miscellaneous Charges E 671-47000-489 Other Mscellaneous Charges E 308-47000-489 Other Miscellaneous Charges E 311-47000-489 Other Miscellaneous Charges Total HENNEPIN COUNTY TR-TAX PYR SRV $58 50 $67500 $211 50 $67 50 $7.50 $7 50 $2 80 $7800 3/7/02 3/7/02 3/7/02 3/7/02 3/7/02 3/7/02 3/7/02 3/7/02 Spec Asmnt Serv Chrg Spec Asmnt Serv Chrg Spec Asmnt Serv Chrg Spec Asmnt Serv Chrg Spec Asmnt Serv Chrg Spec Asmnt Serv Chrg Spec Asmnt Serv Chrg Spec Asmnt Serv Chrg $1,108.30 Paid Chk# 073180 3/25/2002 HINSHAW A CULBERTSON G 101-20200 Accounts Payable $367 00 10203827A Applications Nov 2001 G 101-20200 Accounts Payable $51 50 10203827A Dunbar 2640-2641 G 101-20200 Accounts Payable $768 50 10207602 Apptic Dec 2001 G 101-20200 Accounts Payable $720 00 10207602 Dunbar 2640-2641 TIF G 101-20200 Accounts Payable $851 36 10207603 Haz BkJg 200 Hollander Rd G 101-20200 Accounts Payable $30 00 10207603 Lurton Land Gift G 101-20200 Accounts Payable $143 00 10207603 rxingsbrkjge Land Gift G 101-20200 Accounts Payable $1,100 00 10207604 Council Mtg Dec G 101-20200 Accounts Payable $^00 10207605 LL Fire Permit Total HINSHAW A CULBERTSON $4.07536 Paid Chk» 073181 E 101-41300-433 Memberships & Subscriptions Total ICMA MEMBERSHIP RENEWALS $6^S3 Membership $69963 2002 ICMA Mmbrship-Moorse 3/25/2002 IKON OFFICE SOLUTIONSPaidChk# 073182 F 101-41900-201 Office supplies Total IKON OFFICE SOLUTIONS $37.38 2302601 Staple Cartridges $37 38 Paid Chk# 073183 3/25/2002 INTL CONF. OF BLDG OFFICIALS E 101-42400-441 Licenses A Taxes $30 00 682777-20 ToUl INTL CONF. OF BLDG OFFICIALS Eiectncal Insp Cert - Davis $30 00 Paid Chk# 073184 3/25/2002 KATH FUEL OIL E 101-43000-212 Motor Fuels A Lubricants E 101-43000-212 Motor Fuels A Lubricants Total KATH FUEL OIL $23190 126754 ($26.63) M4053 Anti-Freeze Transmission Fluid $205 27 Paid Chk# 073185 3/25/2002 KUSTOM SIGNALS INC E 101-42110-240 Small Tools and Minor Equip E 101 -42110-403 Repairs/Maint-Misc. Equip Total KUSTOM SIGNALS INC $1,979.93 114589 $22665_ 115155 $2.20678 KR-10SP Radar Radar Repair 3/25/2002 LMCIT-BERKLEY ADMINPaidChk# 073186 E 703-49960-361 General Liability Ins Total LMCIT-BERKLEY ADMIN $23.258 75 9398 Comp Munic Cov Pymnt #2 $23,258.75 Paid Chk# 073187 3/25/2002 MAP UTILITIES INC. n CITY OF ORONO Check Detail Register© 03/22/02 9:16 AM Page 4 MARCH 2002 Check Amt Invoice Comment E 406-46703-406 Repairs/Maint-Svir linesAifts To^l MAP UTILITIES INC. $6.350 00 58414 Repair Swr • 595 QCB $6.35000 Paid Chk# 073188 3/25/2002 MACQUEEN EQUIPMENT E 101-43000-221 Equipment Parts A Accessories E 101-43000-221 Equipment Parts A Accessories E 101-43000-221 Equipment Parts A Accessories E 101-43000-221 Equipment Parts A Accessories Total MACQUEEN EQUIPMENT $19.72 2022020 $24 61 2022132 $14 46 2022140 $118 61 2022190 Weather Striping-Swpr Weather Str-Svreeper Tow Bar - Sieeeper Shock Absorber-Swpr $177 62 PaidChki 073189 3/25/2002 MEOICA G 101-21706 Hospitalization/Medical Ins G 101-15996 Non-Employee Health Ins G 101-21706 Hospitalization/Medical Ins G 101-21706 Hospitalization/Medical Ins Total MEDICA $10,054 90 102091102552 Medica High - 4/02 $1,529 37 102091102552 Medica High - 4A)2 $2,228 96 102091122585 Medica Low - 4/02 $8.711 96 102091125488 Medica Elect-4/02 $22,525.21 Paid Chk# 073190 3/25/2002 MET COUNCIL ENVIRONMENTAL SVCS E 602-49450-383 MWCC-Current Charges $19.876 80 735258 ToUl MET COUNCIL ENVIRONMENTAL SVCS $19,876 60 Wastewater - 4/2002 Paid Chk# 073191 3/25/2002 MINNCOMM E 101-42110-321 Telephone Total MINNCOMM $76 00 20261003022 $76.00 Pagers - 2/02 A 3A)2 Paid Chk# 073192 3/25/2002 MN COUNTY ATTORNEYS ASSOC. E 10142110-201 Office supplies E 101-42110-201 Office supplies Total MN COUNTY ATTORNEYS ASSOC. $22 80 Forms $34.70 Forms $57.50 Forfeiture Forms Search Warrant Forms Paid Chk# 073193 3/25/2002 MN DEPT OF HEALTH -CON FEE G 601-20802 Due to govts-State Total MN DEPT OF HEALTH - CON FEE $U3A00 1st Qtr-2002 $1.13400 Connection Fee-1/02-3/31/02 Paid Chk# 073194 3/25/2002 MN DEPT OF REVENUE R 101-34210 General Taxable Saies/Service R 601-39610 Miscellaneous Revenue Total MN DEPT OF REVENUE $6 00 Sis Tx 2^02 $15J» SlsTx2A)2 $21 00 Sales Tax-2/2002 Sales Tax - 2/2002 Paid Chk# 073195 3/25/2002 MOORSE, RON E 101-41300-439 Meeting Expenses G 101-20200 Accounts Payable G 101-20200 Accounts Payable G 101-20200 Accounts Payable G 101-20200 Accounts Payable ToUl MOORSE, RON $44 57 2/28/02 $63 25 2/26A)2 $34 75 2/28A)2 $291.99 3/21/02 $286.26 3/21/02 $720.82 Fire Station Meetings Refreshments/Meetings Parking/Dunbar MCMA Conference 2001 MCMA Conference 2002 Pa»d Chk# 073196 3/25/2002 MPLS DEPT OF HEALTH A FAMILY E 101-42110-319 Other Professional Services $49.00 2002228 ToUl MPLS DEPT OF HEALTH A FAMILY Drug Analysis 2/2002 $49.00 Paid Chk# 073197 3/25/2002 NAVARRE HARDWARE E 601-49400-221 Equipment Parts A Accessories E 601-49400-221 Equipment Parts A Accessories E 101-43000-221 Equipment Parts A Accessories E 101-43000-221 Equipment Parts A Accessories E 101-43000-221 Equipment Parts A Accessories $6.91 95707 $0.77 95771 $11.15 95672 $4.03 95961 $72.64 96045 Ext Cord BuR Tubing Paint • Chipper Fuses Chain. Clevises CITY OF ORONO *Check Detail Register® 03/22A)2 9 18 AM Pages MARCH 2002 Check Amt Invoice Comment E 101-43000-221 E 101-43000-221 E 101-42110-201 E 613-49830-223 E 101-43000-221 E 101-43000-221 E 101-42110-228 E 101-42110-201 E 101-43000-221 E 101-41900-404 E 601-49400-221 E 602-49450-221 E 602-49450-221 Equipment Parts & Accessories Equipment Parts A Accessories Office suppKes Bldg/GroufKls Main! Supplies Equipment Parts A Accessories Equipment Parts A Accessories Training Supplies Office supplies Equipment Parts A Accessories Repairs/Maint-Bldgs/Grounds Equipment Parts A Accessories Equipment Parts A Accessories Equipment Parts A Accessories ToUl NAVARRE HARDWARE $14 25 96055 ($0 43) 96064 $1168 96230 $32.45 96265 $4.12 96326 $2 57 96330 $5 74 96337 $3 18 96357 $15 94 96371 $46 82 96461 $5.08 96469 $4.88 96535 $7.W 96573 $249 63 Bobcat Supplies Exchange Cleaning Supplies Paint. Supplies Weather Stripping Rubber Tape Hinges Utility Hook Rubber Tape Ice Melt Battery Valve. Nipple Connector. Elbow Paid Chk« 073199 3/25/2002 NCPERS GROUP LIFE INS G 101-21710 Life Insurance $192 00 6732402 PERA Life 4/02 Total NCPERS GROUP LIFE INS $192 00 Paid 6hk« 073200 3/25/2002 NEOPOST E 101-41900-322 Postage $1.800 09 Postage Postage • Meter 89549067 Total NEOPOST $i.^6b Paid Chki 073201 3/25/2002 OFFICE DEPOT E 101-42110-201 Office supplies $6479 15344109^1Office Supplies E 101-41900-201 Office supplies $7917 15344109-001Office Supplies ToUl OFFICE DEPOT $143 96 Paid Chki 073202 3/25/2002 OLD REPUBLIC E 233-45670-489 Other Miscellaneous Charges $7^350 00 Grant Grant-Huldeen 3731 Uvingston Total OLD REPUBLIC $7.350 00 Paid Chki 073203 3/25/2002 OLD REPUBLIC - DEF LOAN E 233-45670-489 Other Miscellaneous Charges $35 000 00 DefLoan Del Ln-Huldeen 3731 Uvingston Total OLD REPUBLIC - DEF LOAN $35.000 00 Paid Chki 073204 3/25/2002 OLSON. RON G 101-20200 Accounts Payable $22 77 3/13/02 Mileage • Bank Deposits ToUl OLSON. RON $22.77 Paid Chki 073205 3/25/2002 OMAN. LYLE E 101-42400-331 Travel Expenses $37 26 2/12A)2 Mileage Reimbursement E 101-42400-331 Travel Expenses $40 02 2/13/02 Mileage Reimbursement E 101-42400-331 Travel Expenses $28 29 2/27/02 Mileage Reimbursement E 101-42400-331 Travel Expenses $15 53 3/12A)2 Mileage Reimbursement E 101-42400-331 Travel Expenses $3001 3^A)2 Mileage Reimbursement Total OMAN. LYLE $151.11 Paid Chki 073206 3/25/2002 POWERCLEAN COMPANY INC. E 101-42110407 Janitorial Services $762.01 8719 Janitorial-2/2002 E 10141900407 Janitorial Services $931.34 8719 Janitorial-2/2002 E 10142110404 Repairs/Maint-Bldgs/Grounds $1,441.93 8721 Carpet/Tile Cleaning E 10141900404 Repairs/Maint-Bldgs/Grounds $1,782.35 8721 Carpet/Tile Cleaning ToUl POWERCLEAN COMPANY INC.$4.897 63 3/25/2002 PRAIRIE OFFSET E 101-41900-201 Office supplies $441.61 117161 Bus Cards. LeSerhead. Reso CITY OF ORONO Check Detail Register® 03/22A)2 918 AM Page 6 MARCH 2002 Check Amt Invoice Comment Total PRAIRIE OFFSET $441.61 Paid Chkf 073208 3/2S/2002 PRECISION BUSINESS SYSTEMS E 101-41900-401 Repairs/Maint-Office Equip $166.16 72927 Drum • Fax Machine E 101-41900-201 Office supplies $174.66 72927 Toner - Fax Machine Total PRECISION BUSINESS SYSTEMS $340 82 Paid Chk# 073209 3/2S/2002 QUARTERLY ADVERTISING. INC E 613-49830-340 General Advertising $295.00^ 15301 1/4 Page Display Ad-GC Total QUARTERLY ADVERTISING. INC $2%.6o Paid Chki 073210 3/25/2002 SNYDER DRUG STORES E 101-42110-201 Office supplies $15 82 Kleenex. Tape E 101-42110-201 Office supplies $48 52 2/12A)2 Film E 101-42110-201 Office supplies $8 49 2/21/02 Pens, Polish E 101-42110-201 Office supplies $19 39 2/25/02 Cleaning Supplies E 101-42110-201 Office supplies $9 96 2/26A)2 Video Tape E 602-49450-201 Office supplies $2.32 2/6A)2 Markers Total SNYDER DRUG STORES $10452 Paid Chk« 073211 3/25/2002 STANTON GROUP E 101-41900-489 Other Miscellaneous Charges $173.25 324383 FSAAdm Fee -2/2002 E 101-41900-489 Other Miscellaneous Charges $450.00 324719 FSA - 2002 Renewal E 101-41900-489 Other Miscellaneous Charges $225 75 324719 FSA - Adm Fee 1/02 Total STANTON GROUP $84900 Paid Chk# 073212 3/25/2002 STS CONSULTANTS LTD. E 101-43000-408 Contracted Street Maint.$4.675 50 228185 Borings • Street Paving Total STS CONSULTANTS LTD.$4!675'50 Paid Chk# 073213 3/25/2002 SUBURBAN RATE AUTHORITY E 101-41110-433 Memberships & Subscriptions $400 00 1st Half 02 1st Halt 2002 Membership Total SUBURBAN RATE AUTHORITY $400.00 Paid Chk# 073214 3/25/2002 SUBURBAN TIRE INC. E 101-42110-223 Bldg/Grounds Maint Supplies $1.49334 161494 Squad Tires Total SUBURBAN TIRE INC.$1.49334’ Paid ChkP 073215 3/25/2002 SUN NEWSPAPERS E 231-45650-340 General Advertising $89 65 489105 Sale of Vehide-BonneviOe E 231-45650-340 General Advertising $24 45 489106 Sale of Vehides-Trfc & Van E 101 -42110-340 General Advertising $89 65 489106 Sale of Vehides-Trk & Van Total SUN NEWSPAPERS $20375 Paid Chk# 073216 3/25/2002 SUPERIOR FORD E 101-42110-550 Automotive Equipment $23,186.00 15177 2002 - Crown Victona #193 Total SUPERIOR FORD $23,186 00 Paid Chk# 073217 3/25/2002 TOLL GAS A WELDING SUPPLY E 101-43000-415 Other Equipment Rentals $5.46 490034 Cylinder Rental Total TOLL GAS A WELDING SUPPLY $5.46 Peid Chki 073218 3/25/2002 US BANK • ST PAUL E 314-47000-620 Fiscel Agents Fees $287.50 116258 Fiscal Agent Fee GO 2000 Total US BANK-ST PAUL $287.50 PaidChki 073219 3/25/2002 VERIZON WIRELESS f CITY OF ORONO *Check Detail Registei^ 03/22/Q2 9:18 AM Pager MARCH 2002 Check Amt Invoice Comment E 101-41900-321 Telephone Total VEI $349.25 1003-5922058 CeNPhonet WIRELE8S $349.25 PaktChMP 073220 3/25/2002 VIKING IMDU8TRIAL CENTER E 602-49450403 Repaln8Maifit-Mitc. Equip $438 08 100442 Repair - Gat Monitor Total VIKING INDUSTRIAL CENTER $438.08 PaidChk# 07322^ 3/25/2002 WEST HENNEPIN COM BUILDERS E 23345670-319 Other Profettional Seivloet $5,400.00 2002 Total WEST HENNEPIN COM BUILDERS Aff Housing • Closings 3 84/02 $5.400 00 PaidChk# 073222 3/25/2002 WBfTERNHEIMER, AUSSA E 10141300-319 Other ProMssional Services Total W1NTERNHEIMER, AUSSA $13500 28 Council Minutes - 3/11/02 $135.00 ChNI 073223 3/25/2002 XCEL ENERGY E 10143000-381 Gas 8 Electric Total XCEL ENERGY $11814 Hwy12 Hwy 12 Signal Lights $118.14 Pai(jS!iM'T>732i4 3/2SQ002 YOUNG, JACKIE E 10142400-319 Other Professional Services E10145200-319 Other Professional Services E 10141300-319 Other Professional Services Total YOUNG, JACKIE $240 00 02-04-JY $135.00 02-04-JY $190.00 02-04-JY Plan Minutes • 2/18 Park Minutes - 2/4 Council Min • 2/25 $565 00 10100 Primary Cash $192,877.87 CITY OF ORONO check register 03/11/02 7:51 AM Pagel Chock P«y Chock Chock Number Employoo Namo Pwtod Amount Doto Chock Stotuo , •• • "■:r/ 0S0904 PETERSON. BARBARA 3 ’$323.22 3/11/02 Outstanding 050905 MOORSE, RONALD J.3 $346.31 3/11/02 Outstanding 050906 SANSEVERE, ROBERT K.3 $269.36 3/11/02 Outstanding 050907 FLINT, RICHARD 3 $269.36 3/11/02 Outstanding 050908 NYOARD.JAY 3 $269.36 3/11/02 Outstanding 050909 WHITE, JAMES M.3 $269.36 $1,746.97 3/11/02 Outstanding HinABfsttefriililirliiriiiii i' l■lfliH^fr i CITY OF ORONO clMck register 03/19/02650 AM Pagel Chock Numbor Em ploy •• Namo p«y Piflod ;i5fiSKa*ijsf’T.rxrrrr- 050910 DODGE, RACHEL M. 6 050911 JOHNSON. MARY ANN 6 050912 LESKINEN. DENISE M. 6 050913 MOORSE, RONALD J. 6 050914 VEE. LINDAS. 6 050915 KUEHN. THOMAS M 6 050916 OLSON. RONALD J. 6 050917 PETTIT. SANDRA K. 6 050918 ANDERSON. BRUCE L 6 050919 BOBZIEN. SUE A^ 6 BORIS. SCOTT W. 6 BUDIG. STACIE M. 6 CORNICK. JAMES L. 6 DEMBOUSKI. JAYC. 6 ERICKSON. KURT R 6 FARNK>K.CORREYL 6 FISCHENICH.DANT. 6 FISCHER. CHRISTOPHER K 6 GOOD. STEPHANY R 6 HENDRICKS. RONALD J. 6 JOHNSON. BRADLEY P. 6 JOHNSON. JEFFREY 6 MADSON. ADRIENNE M. 6 MCNALLY. STEVEN A. 6 MCNICHOLS. DAVID L 6 MOROWCZYNSKI. JAMES 6 PERSELL. WILLIAM R 6 SCHOENHOFF. JOHN B 6 TOMCHECK. LAWRENCE F. 6 050939 TOMCZYK.MARKW. 6 050940 WITTKE. ANTHONY A. 6 ARNESON. JOSHUA A 6 LEE. JOSEPH P 6 BOLTERMAN, MATTHEW A. 6 BOTTENBERG. WENDY C 6 DAVIS. MARC L. 6 050946 GAFFRON. MICHAEL P. 6 050947 GAPPA.GREGORYA. 6 050948 MEYER. WILLIAM C. 6 050949 OMAN. LYLE E. 6 050950 WEINBERGER. PAUL E. 6 050951 BRINKHAUS. JOHN F. 6 050952 DEBAERE. DONALD L 6 050953 GREGORY. JAMES D. 6 050954 HANSEN. STEVEN 6 050955 OBERAIGNER. SCOTT G. 6 050956 OBRIEN. RANDY L. 6 050957 PALMER.GREGORYA. 6 050958 RATHBUN. BARRY J 6 050959 SKREEN. DALE S. 6 050960 ROSS. JOHN A. 6 050961 STEFFENHAGEN. RONALD 0 050920 050921 050922 050923 050924 050925 050926 050927 050928 050929 050930 050931 050932 050933 050934 050935 050936 050937 050936 050941 050942 050943 050944 050945 Check Check Amount Dale Check Statue $993.69 3/20/02 Outstanding $620.68 3/20/02 Outstanding $791.74 3/20/02 Outstanding $18.80 3/20/02 Outstanding $1.351.11 3/20/02 Outetanding $992.31 3/20/02 Outstanding $78 89 3/20A)2 Outstanding $346.02 3/20/02 Outstanding $415.65 3/20A)2 Outstanding $745.83 3/20/02 OuUtanding $1,125.11 3/20/02 OutstalKSng $779 25 3/20A)2 Outstanding $1,277.26 3/20/02 Outstanding $1,481.16 3/20/02 Outstanding $1.483 27 3/20A)2 Outstanding $1,535.54 3/20/02 Outstanding $1.426.1 1 3/20A)2 OuUtanding $92.57 3/20A)2 Outstanding $2,040 04 3/20A)2 OuUtanding $486.96 3/20/02 OuUtanding $1.581 .86 3/20/02 OuUtanding $1.056 76 3/20/02 OuUtanding $552.26 3/20/02 OuUUnding $1.398.28 3/20/02 OuUUnding $579.98 3/20/02 OuUUnding $1.633 67 3/20A)2 OuUUnding $238 27 3/20A)2 OuUUnding $1.442 51 3/20/02 OuUUnding $289 90 3/20/02 OuUUnding $1.40311 3/20/02 OuUUnding $1,295.10 3/20A)2 OuUUnding $665 88 3/20/02 OuUUnding $266 88 3/20A)2 OuUUnding $1.095 40 3/20A)2 OuUtanding $1,122.84 3/20/02 OuUtanding $1,318 80 V70102 OuUUnu * g $1.353.01 3/20/02 OuUUnding $1.771.33 3/20/02 OuUUnding $581.62 3/20/02 OuUUnding $153 98 3/20A32 OuUUnding $1.446 73 3/20/02 OuUUnding $1.319 70 3/20/02 OuUUnding $1,188.75 3/20A)2 OuUUnding $1,357.01 3/20A)2 OuUUnding $1,272.57 3/20/02 OuUUn^ $828 56 y20f02 Outstanding $1.172 20 3/20/02 OuUUnding $998.64 3m/02 OuUUndUg $1.245.99 3/20m Outstanding $1,206.70 V20m OuUUndUg $71.62 am/02 OuUtandUg $1,349.62 3/2(k02 OuUUndUg CITY OF ORONO 03/1W02 6 50AM Page 2 clwck rvgistor Choclc Numbf Employ —Maiw atmA Amounl Ch —ii CMi Chocli Slaluo ET8B $51,341.74 A CITY OF ORONO *Check Detail Register® 03/19/02 6:58 AM Page 1 MARCH 2002 Check Amt Invoice Comment 10100 Primary Cash PakfChb 073142 V:tii02 CITY COUNTY CREDIT UNIOH G 101-21711 Credit Union $10,535.00 Total CITY COUNTY CREDIT UNION $10,535.00 PakrChMT073l43 3/20/02 FIRST NATIONAL BANK OF LAKES G 101-21701 Federal Withholding $9,694.71 G 101-21703 FICA Tax Withholding K632.69 G 101-21703 FICA Tax Withholding $4,632.69 Tout FIRST NATIONAL BANK OF LAKES $16,960.09 Paid Chk# 073144 3/20A)2 ICMA RETIREMENT TRUST • 467 G 101-21705 Other Retirement $300.00 Total ICMA RETIREMENT TRUST - 457 $300.00 Paid Chkd 073146 3®»02 LAW ENFORCMENT LABOR SERVICE G 101-21707 Union Dues $561TX) Total LAW ENFORCMENT LABOR SERVICE $561 00 Paid Chk# 073146 3/20/02 MN DEPT OF REVENUE G 101-21702 State Withholding Total MN DEPT OF REVENUE $3.96276 $3,992.76 Paid Chk# 073147 3^/02 ORCHARD TRUST CO. TRUSTEE/CUST G 101-21705 Other Retirement $2,189.68 Total ORCHARD TRUST CO. TRUSTEOCUST $2.189 68 ^idChk# 073148 3/20/02 PEBSCOR)BRA G 101-21705 Other Retirement Total PEBSCO/OBRA $6 94 $6 94 Paid Chk# 073149 3/20/02 PEBSCOAIS CONF OF MAYORS G 101 -21705 Other Retirement $2,367.00 ToUl PEBSCO/US CONF OF MAYORS $2.367 00 Paid Chk# d73li6 3/20/02 PUBLIC EMPLOYEES RETIREMENT G 101-21704 PERA $6,637.09 G 101-21704 PERA $5,195.30 Total PUBUC EMPLOYEES RETIREMENT $11,832.39 Paid Chk# 073151 3/20/02 UNITED WAY G 101-21708 United Way $50.00 ToUl UNITED WAY $50 00 Paid Chk# 073152 S20/02 WISCONSIN SCTF G 101-21712 Other Deductions Total WISCONSIN SCTF $184.62 $18462 10100 Primary Cash $50,979.48 SAVINGS W/H & TRANSFERRED FEDERAL W/H FICA A MEDICARE W/H F!CA & MEDCR CITY SHARE DEFERRED COMP UNION DUES STATE TAX W/H MN STATE RETIREMENT OBRA DEFERRED COMP USCM - ENTITY 2339 PERA CITY SHARE PERA EMPLOYEE W/H CHARITY DONATIONS JOHNSON # 0002756898