Loading...
HomeMy WebLinkAbout04-22-2002 Council PacketCOMwrH meeting APR 2 2 2002 AGENDA FOR COUNCIL MEETING SET FOR MONDAY, APR!^iIlii!'28R^?^ 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 tlie agenda. Memos regarding each of tlie Agenda items are available in the Public Packet - located on the counter near the sign in sheet. ROLL CALL CONSENT AGENDA 1. Approve/Amend APPROVAL OF MINUTES * 2. Regular Council Meeting of April 8,2002 PARK COMMISSION COMMENTS - Sherokee Use, Representative PLANNING COMMISSION COMMENTS - Dave Rahn, Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT * 3. #2461 William and Thelma Bryson, and James A. R. Johnson, 650,660,670 and 680 Big Island • Subdivision of a Lot Line Rearrangement • Resolution <«r 4. #02-2740 Jeffry and Nancy Twidwell, 1865 Concordia Street - Variance - Resolution 5. #02-2749 Thomas P. Egan, 350,360 and 370 Big Island - Vacation of Right-of-Way - Resolution 6. #02-2762 Timothy and Mary Sweezo, 4480 Watertoun Road - Variances - Resolution * 7. #02-2770 David and Kathrym Biek, 4675 Creekwood Trail - Conditional Use Permit - Resolution * 8. #02-2773 Kurt and Mary Rakos, 21 75 Shevlin Drive - Variance Resolution * 9. #02-2774 Mark Cree, 3120 North Shore Drive - Conditional Use Permit - Resolution * 10. #02-2775 Temple Israel, 645 Tonkawa Road • Conditional Use Permit • Resolution 11. #02-2778 Kevin Manley on behalfofManley Brothers Construction, 1973 Fagemess Point Road- Variances - Resolution •c //4 .9 /J /J MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR'S REPORT A 12. Golf Course Seasonal Employees CITY ADMINISTRATOR'S REPORT 13. Establish Nev/ Voting Precinct Boundaries and Reestablish Polling Place Locations - Resolution A 14. AcceptanceofResignationofOfhcer Brad Johnson jf 15. Appoint Part-Time Police Officer < 16. Request to Advertise for Part-Time Police Officer * 17. Approval of Agreement for Youth Diversion Services r AGENDA FOR COUNCIL MEETING SET FOR MONDAY, APRIL 22,2002,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA '*18. Driveway at 4051 Highwood Road - Resolution * 19. 2002 Engineering Rates > 20. Payment of Expenses for Dakota Rail Corridor Lx)bbyist r'l'v A'T'rr^DiKir^/tG DrorkD'T ^ ^CITY ATTORNEY’S REPORT ^ 21. LICENSES * 22. BILLS UPCOMING ISSUES AND EVENTS 2QQ2 04/22 - Council Meeting, 7:00 p.m. 04/24 - Board of Review, Wednesday, 7:00 p.m. 05/01 -Planning Commission Work Session, 8:00 a.m. 05/04 - Spring Cleanup Day, Saturday, 8:00 a.m. - 2:00 p.m. 05/06 - Park Conunission Meeting, 7:15 p.m. 05/11 -Spring Cleanup Day-Construction Debris Only, Saturday, 8:00 a.m. - 2:00 p.m. 05/13 -Council Meeting, 7:00 p.m. 05/18 - City of Orono Open House and “Police Chase” Walk/Run, Saturday, 8:00 a.m. - Noon 05/20 - Planning Commission, 6:30 p.m. 05/25 - Leaf and Grass Disposal, Saturday, 8:00 a.m. - Noon 05/27 - HOLIDAY, Memorial Day Observance 05/28 - Council Meeting, Tuesday, 7:00 p.m. ..I I \ • Public Attendance Meeting Date (X 1^-0 ^ C ouncil □ Planning C ommission □ Park C ommission □ Other Please nLLouTTHE information requested BELOW FOR OUR CITY RECORDS. present for (from agenda) NAME (please print) ADDRESS 1.__Ih 2 >bC' r.-/-.,.-. -J'"’C T. 7^ /y)u.y Scv'ffc^VViC iv SA oplewro ^ PR.»v «“ '04t'4:wi M L C"f >'aaa -.A 6..it|tc\ t-4. )•711C 9.. 10. 11. 12. 13.. 14. 15. ff inmilA^^ihtrBiiTi Snpfet1\(Fefm - OM)\FORMS\PVBUCJITT NAME OR NUMBER 02 - ^ ' 2 •:>c -2 <52.- zni4- C 2 - 1 7-7C u - zin S .j - ORONO CITY COUNCIL MEETING MONDAY, APRIL 8,2002 ihth MEETING APR 2 2 2002 ROLL CITy Or OHOno The Council met on the above-mentioned date with the following members present: Mayor Barbara Peterson, Council Menrbers Jay Nygard, Jim White, Richard Flint, and Bob Sansevere. Representing staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, City Attorney Tom Barrett, Zoning Administrator Wendy Bottenberg, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Alissa Wintemheimer. Zoning Administrator Paul Weinberger was absent. Mayor Peterson called the meeting to order at 7:10 p.m. CONSENT AGENDA 1. Approvc/Amend Items 8 and 11 were added to the Consent Agenda. Flint moved, and Sansevere seconded, to approve the consent agenda as amended. Vote: Ayes 5, Nays 0. RECOGNITION 2. Sill Stoddard, Planning Commission —Resolution No. s. J3 Mayor Peterson read the resolution to Bill Stoddard, commending him on his distinguished service as a member of the Planning Commission for six years, and thanked him for a!! he has done. White stated that Mr. Stoddard was one of the first Planning Commissioners he got to know and he was sad to see him depart. White thanked him for his service and wished him well. Flint stated that he appreciated the way Mr. Stoddard always kept the City ’s best interests in mind. Mr. Stoddard thanked the Council and stated they were welcome to call him if they ever needed his expertise. He also stated he would be willing to serve is an alternate on the Planning Commission. ■!: e it I I rtil ■aUMaiMta ORONO CITY COUNCIL MEETING MONDAY, APRIL 8,2002 2. BiUStoddardt Planning Commission—Resolution No. 4783 —Continued White moved, Flint seconded, to ndopt Resolution No. 4783 in appreciation to Bill Stoddard for distinguished service as a Planning Commission member. Vote: Ayes 5, Nays 0. 3. Brad Johnson, Police Officer—Resolution No. 4784 Officer Johnson was not present. Mayor Peterson read the resolution into the record. Jack Weist of 1920 Concordia Street stated he knows Officer Johnson and was sorry to see him leaving. White moved, and Flint seconded, to adopt Resolution No. 4784 recognizing Officer Brad Johnson for his twenty-one years of dedicated service to the City as a member of the Orono Police Department Vote: Ayes 5, Nays 0. APPROVAL OF MINUTES *4. Regular Council Meeting of March 25,2002 Flint moved, and Sansevere seconded, to approve the Minutes of the Regular Council Meeting of March 25,2002. Vote: Ayes 4, Nays 0. PARK COMMISSION COMMENTS—DEBORAH HALVORSON, REPRESENTATIVE Halvorson stated that the Parks, Open Space and Trails Commission met on April 1, and discussed public access sites to be surveyed and marked over the next 3 years. They selected thirteen non-controversial sites, with four alternate sites, to be done this year. They plan to use upright posts with small signs that say Orono and have an arrow pointing inward to the access, with one on each comer marking the property. Once the survey is done, they would like the posts to be installed on the same day so no markers are lost or stolen. They also discussed the summer park tour, which will include Navarre, Langdon, Saga Hill, French Creek, Seven Nations, and Fox Street Access. She stated that the Council was welcome to request any parks they would like included in the tour. ORONO CITY COUNCIL MEETING MONDAY, APRIL 8,2002 PLANNING COMMISSION COMMENTS—LIZ HAWN, REPRESENTATIVE None. PUBLIC COMMENTS None. ZONING ADMINISTRATOR'S REPORT 5. #2461 William and Thelma Br> son, and James A. R. Johnson, 650,660,670, and 680 Big Island—Subdivision of a Lot Line Rearrangement Gaffron stated that the applicant had requested the application be tabled. Mayor Peterson moved, and W hite seconded, tabling Item #5 William and Thelma Bryson, and James A. R. Johnson, 650,660,670, and 680 Big Island—Subdivision of a Lot Line Rearrangement. Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS—DEBORAH HALVORSON, REPRESENTATIVE Bottenberg stated that the Twidwells were proposing to tear down the existing house on their property and construct a new residence. They had already considered several remodeling schemes for the existing house and had revised their plans for new construction three times in an attempt to meet the 15% lot coverage for structures, setback requirements, and save three mature maple trees in the 75 - 250 ’ setback zone. The current plan meets setback, average setback, and lot coverage standards, but hardcover in the 75 - 250 ’ setback zone is proposed at 33.54% where only 25% is allowed. The applicants ’ preferred plan keeps all three of the maple trees. The Planning Commission recommended approval. Bottenberg stated that staff found the lot is conforming and does not warrant a hardcover variance. Nancy Twidwell stated that they began plans to remodel two years ago, but because of drainage issues, they have been advised to do a tear down and rebuild. They are currently looking at their fourth set of new construction plans. They are trying hard to preserve three 60-year-oId maple trees, meet codes, and meet their family’s needs. She stated that keeping the driveway where it currently exists is best for the health of the trees. They hired an arborist who recommended keeping the drive in place because the trees’ root systems are used to the compression in those areas. Moving the drive, and ORONO CITY COUNCIL MEETING MONDAY, APRIL 8,2002 PARK COMMISSION COMMENTS—DEBORAHHALVORSON, REPRESENTA TIVE —Continued compressing the roots in a new area would damage, and probably kill the trees. Mrs. Twidwell stated they have the support of their neighbors and the Planning Commission. She asked the Council for their support as well. Sansevere asked if the trees could be viewed as a hardship. Gaffron stated that staff posed the question in order to stimulate discussion. If the Council were to approve the application, they would need to draft a resolution stating the unique nature of the case. White stated that hardcover is very hard on trees and that he knew of several people who added hardcover to their properties and lost trees as a result of it. He slated he was in favor of the application. Nygard asked if the driveway could be reduced. Mike Sherridan, the Twidwell’s builder, stated that the driveway was currently planned at 18’ wide. It would be possible to narrow it some along the south side, where the trees are. He stated a 4’ reduction would result in about a 160 s.f hardcover reduction. Julie Bom of 188S Concordia Street stated that there are hedges along her property edge, and they live on a hill reducing visibility of the road, therefore it was important the Twidwells be able to enter the street facing forward from their driveway. Gaffron stated the driveway reduction would reduce hardcover by about 1.5%. Flint stated he favored supporting the application because they were making improvements from the current house. Barrett stated they could not use two sets of rules and warned that if the application were approved, it would likely have a precedential element. Flint suggested making it clear in the resolution that they are reducing hardcover and moving the house back from the lakeshore, making it less oppressive. Barrett stated that the current plan is better and more cohesive than the current structure on the lot, and the applicants have tmly struggled to Qnd a suitable plan. Nygard stated the only way for the Twidwells to reduce hardcover was to reduce the size of the house, reduce the driveway, or move the house back on the lot. Gaffron stated that would affect the neighbors by the domino effect. Liz Hawn stated that the Plaiming Commission routinely considers a tear down the same as new construction and uses first principles when considering applications. To look at what is merely better than before leaves them open to ^proving undesirable construction. r».v>to V f ■,.'1 t’.fi. i.iAJtrirrhi'Tni ORONO CITY COUNCIL MEETING MONDAY, APRIL 8,2002 PARK COMMISSION COMMENTS—DEBORAH HAL VORSON, REPRESENTA TIVE —Continued The Planning Commission found hardships in the fact that they prefer cars to exit the driveway facing the street, and the lakeshore setback and age and size of the trees were also factors Mike SheniuiiM stated that in the City ’s variance application packet, it listed trees as something that could constitute a variance. He stat^ they tried to design a responsibly sized structure, placed the footprint around the existing trees, and used the existing drive. Tom Palm of 1685 Concordia Street stated that he supported the current plan because it held up the aesthetics of the neighborhood and would not negatively impact the neighbors. Nygard moved, and White seconded, to approve the requested variances, ailowing for greater than 25% hardcover in the 75 - 250* setback zone at an amount to be determined after the driveway is reduced in width from 18* to 14* along the south side where the maple trees sit with the understanding that the trees and their root systems will not be disturbed, also with the understanding that the house will be constructed in a normal position that does not restrict views, and instructing staff to draft a resolution that reflects Council discussion. Vote: Ayes 5, Nays 0. *7. ^02-2761 Addison and Cindy Piper, 1125 Spring Hill Road—Conditional Use Permit and Variance—Resolution No. 4785 Flint moved, and Sansevere seconded, to adopt Resolution No. 4785 granting variances to Municipal Code Sections 10.03, Subdivision 12 to permit the pool house to be located 9.3* from the principal structure where 10* is required; Section 10.22, Subdivision 1(B) to permit construction of a screen porch which encroaches 15* into the average lakeshore setback; a conditional use permit to allow the guest house per Section 10.20, Subdivision 3(G); and a conditional use permit to allow plumbing in the accessory building (pool house) per Section 10.20, Subdivision 3(Q). Vote: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Nygard stated that he felt the City subsidizes alarm companies by allowing people with alarms flee responses to false alarms. It costs the City in wear and tear on vehicles, time and man power. Sansevere stated the cost is passed on to the homeowner, who is the taxpayer. He also stated they only get one flee, then there is a charge for false alarms. Nygard stated that people who don’t own alarms shouldn ’t have to pay for those who do. He stated false alarms are a problem for both the police and fire departments. Sansevere t ORONO CITY COUNCIL MEETING MONDAY, APRIL 8,2002 MAYOR/COVNCIL REPORT —Continued stated he appreciates the service of receiving one free false alarm. Nygard stated the Mound Fire Chief told him it was a problem for them. White suggested the Fire Chief document the problem and send them a memo detailing the cause and possible solutions to the problem of false alarms. White staled that he had found a development company that was interested in the Washington Scientific property that would build an industrial office/warehouse project that would be tasteful and fill up with tenants quickly. PUBLIC SERVICE DIRECTOR'S REPORT *8. Annual Agreement for Park Mowing Service Flint moved, and Sansevere seconded, to accept the quotation from Shaugbnessy Lawn Service, Orono, Minnesota for the 2002 season park mowing serv ices in the amount of $14,600. Vote: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT 9. Planning Commission Reappointments Moorse stated that Jeanne Mabusth is interested in another term, but that Dan Kluth was not because of conflicting commitments. Me asked how Council would like to handle the vacancy created by Kluth leaving the Commission. Sansevere :>tated that Cynthia Bremer should be asked to move from an alternate position to a full one, filling Kluth’s position, and then Kluth could replace her as an alternate. White and Mayor Peterson stated they agreed with that plan. Nygard suggested they follow the established process of advertising for new interested people from the community. Moorse stated they could advertise for a new alternate in addition to Kluth. Mayor Peterson moved, and \^’hite seconded, to reappoint Jeanne Mabusth to the Planning Commission, and to appoint Cynthia Bremer as Dan Kluth's replacement on the Planning Commission, and to appoint Dan Kluth as Cynthia Bremer ’s replacement as an alternate, and to advertise In the community for new alternates. Vote: Ayes 5, Nays 0. 1 I Ifi nf rmilHlllii ORONO CITY COUNCIL MEETING MONDAY, APRIL 8,2002 10. Lake Minnetonka Communications Commission Appointment Nygard slated he favored appointing Bob Albertson. White stated he was concerned by comments that Mr. Albertson might not have accurately represented himself. Sansevere stated that he read Mr. Albertson’s news clippings and they were from reputable sources. Also. Mr. Albertson is enthusiastic and would look out for the City’s interests. Flint stated he supported Mr. Albertson. Nygard moved, and Sansevere seconded, to appoint Bob Albertson to fill the vacant seat on the Lake Minnetonka Communications Commission for a three-year term expiring on March 31,2005. Vote: Ayes 4, Nays 1 (White). *11. Pay Requests—Long Lake Fire Station Flint moved, and Sansevere seconded, to approve requests for payment in the amount of $19.90 to the Laker Pioneer, $14,727.42 to BKV, and $2,157.75 to SEH (payment of the SEH invoice to be funded 50% from the Joint Fire Station Fund and 50% from the Orono General Fund), and to amend the General Fund budget to reflect the SEH expenditure. Vote: Ayes 5, Nays 0. 12. Park Commission Projects and Funding Moorse stated that several Park Commission projects were recently discussed, as well as the need to provide a higher level of funding. The three main projects discussed were the Hackberry Park play equipment replacement, layout of a potential satellite ftre station and ice rink on the Larson/Sohns property, and a survey of the property comers of one-third of the City’s lake access lanes. Moorse stated that the Community Investment Fund was one possible source for the Parks projects. The fund is to be an endowment-type fund with the principal amount preserv ed and increased, and 90% of the interest earned to be available for priority projects that do not have alternative funding sources. Moorse stated that the Council had so far used the fund as the source of loans to be repaid with interest. The combined interest earned on the fund balance and on the outstanding loans is approximately $130,000, but the interest is committed to the payment of the debt service on the city facilities HRA bonds through 2007. At that time, there would be a substantial amount of interest earnings available for special projects, including park projects. Staff recommended that the Council take a conservative approach to the use of the Community Investment Fund. Flint stated he felt the submitted Parks projects were worthy, and he felt it was important to note that it would be a loan that will be repaid. ORONO CITY COUNCIL MEETING MONDAY, APRIL 8,2002 12. Park Commission Projects and Funding —Continued Moorse asked if the City will bring enough money from park dedication fees to pay back the principle. Flint stated that while they do need to find an alternative fund in the long term, they also needed to not waive the park dedication fees on projects. Moorse stated that the number of subdivisions is getting minimal. Sansevere asked if he had another idea for a funding source. Moorse stated the Community Investment Fund was the only source currently available. He also suggested looking for projects that would meet grant criteria. Sansevere asked if any of the Hackbetry equipment was unsafe. Gappa replied it was all safe, but not up to code. White stated that Navarre Park is being used since the renovations like it never had been before. He felt upgrading the parks was a way to build community and felt the Parks Commission had a compelling case. Sansevere stated he was impressed by the Parks Commission's unity and show of support before the Council, as every member was in attendance. Flint moved, and White seconded, to authorize a loan up to $75,000 from the Community Investment Fund to improve Hackberry Park and to be repaid over 5 years at 5.5% interest. Vote: Ayes 5, Nays 0. 15. Scheduling Work Session Sansevere moved, and Mayor Peterson seconded, to hold a work session on April 22, 2002 with the Mound Fire Chief and City Manager. Vote: Ayes 5, Nays 0. 14. Fleet Addition—Police Department Nygard asked if the car would be painted black and white. Mayor Peterson stated it would not as it was intended for undercover use. Mayor Peterson moved, and Sansevere seconded, to authorize the use of the forfeited vehicle by the police department for police investigative purposes. Vote: Ayes 5, Nays 0. 8 L liYa-Uftnir r I ORONO CITY COUNCIL MEETING MONDAY, APRIL 8,2002 15. Fire Service Agreement with Long Lake Moorse stated that when they did the Settlement Agreement and Contract for Joint Ownership related to the joint fire station project with Long Lake over the next 20 years, they set out a number terms for the relationsidp in the Settlement Agreement. He stated he had provided it to the Council in order to hear any comments or concerns regarding the agreement. Flint stated that he felt the Fire Chief did not act in accordance with his responsibility to the City Councils of either Long Lake or Orono. He suggested that they include a provision that on a 4/5*’’ vote either city could remove the Fire Chief. White suggested hiring the Fire Chief on a contract that would include an aiuiual review. Flint stated they need to create accountability for the Chief. Nygard suggested giving the Fire Commission authority to make recommendations to the Council and/or the City Administrator. Moorse stated that Long Lake is currently considering an ordinance that would require the Fire Chief to be responsible to the city administrator. White stated that a 4/S'*' vote was a show of no confidence. Nygard stated the chief should be equally accountable to each city. Sansevere stated that the chief was elected by the fire department’s volunteer membership, and he would have concern over locking heads with the entire department. He does, however, favor holding the chief accountable to the cities. Moorse stated the Long Lake City Council has to ratify the fire department’s vote to elect the chief. Any action would be under Long Lake’s power. Nygard stated that the fire department has to expect changes to come along with the new building and service agreement. Mayor Peterson stated that the chiefs job would be changing now with the new responsibilities of the fire department. Barrett stated that they would need to propose a change in the Settlement Agreement that says the Orono City Council has some authority in the selection of the fire chief, or ask Long Lake to pass an internal ordinance regarding the fire chief. Nygard suggested they ask the Long Lake City Administrator about their take on the issue. CITY ATTORNEY’S REPORT Council went to an executive session after they adjourned. iduvfcflTitl ITTIim • I ORONO CITY COUNCIL MEETING MONDAY, APRIL 8,2002 *16. LICENSES None. *17. BILLS Flint moved, and Sansevere seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. ADJOURNMENT The meeting was adjourned at 8:55 p.m. ATTEST: Linda S. Vee, City Clerk Barbara Peterson, Mayor **-......... ta urtgr^> • uuc. 1 ooo K ^L ^ • north acvitn* a^.rca «.tat •Vt ^Uif Mrr. f, rtta ste t. If•• AiMbaim me. «,aet •me. a. lift ^ ir.aat ii.ifff AGENDA FOR COUNCIL MEETING SET FOR MONDAY, APRIL 22.2002,7:00 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. CONSENT AGENDA I. Approve/Amend APPROVAL OF MINUTES * 2. Regular Council Meeting of April 8,2002 ROLL CALL COIIM/'II a/tPETINfi APH 2 2 2002 Cl I Y Uf UHUIVO PARK COMMISSION COMMENTS • Shcrokee Use, Representative PLANNING COM.MISSION COMMENTS • Dave Rahn, Representative PUBLIC COMMENTS • (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT ^ 3. #2461 William and Thelma Br>‘son, and James A. R. Johnson* 650,660,670 and 680 Dig Island - Subdivision of a Lot Line Rearrangemeiit - Resolution 4. #02-2740 Jeffry and Nancy Twidv^Tll, 1865 Concordia Street - Variance - Resolution 5. #02-2749 lliomas P. Egan, 350,360 and 370 Big Island - Vacation of Right-of-Way - Resolution 6. #02-2762 Timothy and Mary Sweezo, 4480 WatertoN^Ti Road - Variances - Resolution • 7. #02-2770 David and Kathryn Bick, 4675 Creckwood Trail - Conditional Use Permit - Resolution ^ 8. #02-2773 Kurt and Mary Rokos, 2175 Shevlin Drive - Variance Resolution • 9. #02-2774 Mark Cree, 3120 North Shore Drive - Conditional Use Permit - Resolution * 10. #02-2775 Temple Israel, 645 Tonkawa Road - Conditional Use Permit - Resolution 11. #02-2778 Kevin Manley on behalf of Manley Brothers Construction, 1973 Eagerness Point Road - Variances - Resolution MAYOR/COUNCIL REPORT PUBLIC SERVICE DlRECTOR*S REPORT 12. Golf Course Seasonal Employees CITY ADMINISTRATOR'S REPORT 13. Establish New Voting Precinct Boundaries and Reestablish Polling Place Locations - Resolution 14. Acceptance of Resignation of Officer Brad Johnson 1 5. Appoint Part-Time Police Officer 16. Request to Advertise for Part-Time Police Officer 17. Approval of Agreement for Youth Diversion Services AGENDA FOR COUNCIL MEETING SET FOR MONDAY, APRIL 22,2002,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA 18. 2002 Engineering Rates 19. Payment of Expenses for Dakota Rail Corridor Lobbyist CITY ATTORNEY S REPORT ^ 20. LICENSES * 21. BILLS UPCOMING ISSUES AND EVEN! S 2fifiZ 04/22 - Council Meeting, 7:00 p.m. 04/24 -Board of Review, Wednesday, 7:00 p.m. 05/01 -Planning Commiaiioo Work Session, 8:00 a.nL 05/04 -Spring Cleanup Day, Saturday, 8:00 ajn. - 2:00 p.m. 05A)6 -Park Commissiofi Meeting, 7:15 p.m. 05/11 - Spring Cleanup Dav-Constniciion rhhr\% Oniv. Saturdm* 8:00 m - ^00 n m __ Cni »*cETIWO APR 2 2 2002 on I v>r UHUNO REQUEST FOR COUNCIL ACTION Department Approval: Name Paul Weinberger Title Zoning Administrator Adminbtrator Reviewed: DATE: March 28. 2002 ITEM NO.: 3 Agenda Section: Zoning Item Description:#2461 William and Thelma Bryson James A. R. Johnson 6S0-660-670-680 Big Island Zoning District: Big Island - Recreational Seasonal District List of Exhibits A Resolution B Big Island Map C Plat Map/Existing Property Layout D New Property Layout E Draft Drainage and Utility Easement Document F Planning Commission Minutes (March 15. 1999) G City Council Minutes (April 12. 1999) Application Review The property owners have requested a lot line rearrangement to permit four existing residential lots on Big Island, with a total of 2 cabins, to be combined to create two residential lots. This application was last reviewed by the City Council on June 12. 1999. The application was tabled at that time due to an issue relating to the location of one of the cabins only 1.5* from the new proposed property line. At issue was the State of Minnesota BuildingCode requirement that buildings with openings (such as window s and doorways) can not be located closer than 3' to a propert> line. Further, all walls exposed to the property line are also required to be fire resistant. The puipose is to eliminate the potential for fires from spreading from one property to another. The property owners had suggested they enter into an agreement with the City of Orono that they would agree to remove the cabin within 30 months from the approval of the lot line rearrangement. The City chose not to enter into the agreement because of the difficu'tly the City may have with requiring the cabin to be removed if it were still on the property after the 30 month time period expires. Rather than entering into an agreement the City and applicant had placed the approval on hold until some time after the cabin was removed. The property owners have notified the City that the cabin has recently been removed and they wish to complete the lot line rearrangement. #2461 William and Thelma Bryson and James A. R. Johnson March 28,2002 Page 2 of 2_____________________________________ Big bland Lot Designations The proposed subdivision/combination process results in the need to amend Big Island Record Lot numbers as they were designated in Section 10.31 ofihe Zoning Code in 1984. PerExhibitC, the Bryson parcel will incorporate Record Lots 66,59 and Vi of 44. The Johnson parcel will include '/j of Record Lot 44 plus the 4 parcels that comprise Record Lot 3 1 . Staff will be presenting a comprehensive update of Section 10.3 1 (the RS District/Big island) later this year to make all the changes to it since 1984. Staff Recommendation Staff recommends approval of the lot line rearrangement to create two residential lots from the four existing properties subject to the follow ing conditions: I.Prior to filing the new property descriptions, an inspection of the 660 Big Island property is completed to ensure all existing structures and the stairway is removed. 2.The easement that was required for a shared septic system is shall be eliminated since it no longer is required. Based on the new property line location, the drainfield and tanks would now- be located on the same property as the cabin they serve. 3.Property owners shall have their surveyor provide legal descriptions for drainage and utility easements S' along the interior property line and 10' on e.xterior property lines. 4.A title opinion shall be completed and provided to the City of Orono. prior to filing the new property descriptions. 5.Property owners shall be advised that the minimum lot size for subdivision on Big Island is S acres. The 5 acre minimum lot size would prohibit any future subdiv ision of the lots. Planning Commission Recommendation The Planning Commission reviewed the lot line rearrangement on March IS, 1999 and recommended approval by a vote of S to 0. The proposed lot layout has not changed from the plan reviewed by the Planning Commission. A copy of March IS"* minutes are attached. COUNCIL ACTION REQUESTED To adopt the attached resolution approving the lot line rearrangement for Johnson/Bryson to create two residential lots from the 4 existing properties. L A RESOLUTION APPROVING A SUBDIVISION OF A LOT LINE REARRANGEMENT FOR PROPERTIES LOCATED AT 650,660,670 AND 680 BIG ISLAND FILE NO. 2461 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision of a lot line rearrangement by William Bryson and Thelma Biyson and James A. R. Johnson (hereinafter "the subdividers") of properties legally described as: Lots 3,4. 5,6, 7 and 8, Pleasant View at Lake Minnetonka (hereinafter “the properties”) to be reananged by transferring of properties new legal descriptions as: Lots 3,4 and 5 (hereinafter “Parcel A”) and Lots 6.7 and 8 (hereinafter “Parcel B”) WHEREAS, After due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on March 15,1999, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the City Council reviewed and tabled the request on April 12,1999 by the subdividers to rearrange the boundaries between the properties; and WHEREAS, the subdividers have completed requirements of the City for a subdivision to rearrange the property lines between the properties. Page 1 of 6 WHEREAS, At their regular meeting held on April 8,2002, the Orono City Council considered the subdivision application of William and Thelma Bryson, and James A. R. Johnson noting the following findings of fact: 1 . The property is located within the RS district. The existing lots are as follows: 3. 4. 5. Existing Address Legal Description 6S0 Big Island 660 Big Island Lots 7-8, Pleasant View (seasonal dwelling) Lots 5-6, Pleasant View (vacant) seasonal dwelling was removed in 2001. 670 Big Island Lot 4, Pleasant View (seasonal dwelling) 680 Big Island Lot 3, Pleasant View (vacant) to be rearranged as follows: Proposed Address Legal Description Parcel B 650 Big Island Lots 6-7-8, Pleasant View (seasonal dwelling) Parcel A 670 Big Island Lots 3-4-5, Pleasant View (seasonal dwelling) The lots are currently 2 separate seasonal residences on four tax parcels that are to be combined and rearranged into 2 parcels. The lots meet the intent of the Comprehensive Plan of the City of Orono by not creating additional building sites. 6S0 Big Island (Lots 7 and 8, Pleasant View) has been legally combined into one tax parcel. The lot contains one seasonal dwelling that would remain upon completion of the proposed subdivision. With the addition of Lot 6, the property would increase Page 2 of 6 - .....I I i rrffrnmniiiiaiiiiTfin to 28,186 s.f. from 19,074 s.f. The total frontage on the lakeshore would also increase from 100' to 150'. The lot does contain a non-conforming septic system due to the system being located within 3' of the water table. However, lot line rearrangements do not require conforming sites as conditions will improve as the site will grow larger, and the number of residential units in the area will decrease. 6. 670 and 680 Big Island (Lots 3 and 4, Pleasant View) are not combined. The properties do serve as one common lot, and are under common ownership. The cabin is located on Lot 4 with a shed and deck/patio areas. Lot 3 is not developed and contains the septic system for the two adjacent lots to the south. Easements have been created across Lots 3 and 4 to Lots S and 6 for access to the septic site. The easements would no longer be necessary when Lots 5 and 6 are split. A lot line rearrangement will place the entire septic system on one property, eliminating the need for easements and maintenance agreements. 7. 660 Big Island (Lots S and 6) will go away as a result of the lot line rearrangement. The property would be split leaving Lot 5 to join Lots 3 and 4, and Lot 6 to join Lots 7 and 8. 8. A single well located on Lot 6 would serve both Parcel A and B. NOW» THEREFORE, BE IT RESOLVED, that the City Council of Orono hereby approves the lot line rearrangement of the above referenced property by the subdividers as shown on the certificate of survey by Paul A. Johnson, a licensed surveyor of McCombs Frank Roos Associates, Inc., a registered Land Surveyor and Civil Engineer, dated December 1 0,1 998, attached Exhibit "A". The approval is subject to the following conditions: 1 . Prior to filing the new property descriptions, an inspection of the 660 Big Island property is required to ensure all existing structures and the stairway are removed. 2. The easement that was required for a shared septic system shall be eliminated since it no longer is required. Based on the new property line location, the drainfleld and tanks would now be located on the same property as the cabin they serve. 3. Property owners shall have their surveyor provide legal descriptions for drainage and utility easements S' along the interior property line and 10' along exterior property lines. Page 3 of 6 4.Property owners shall be advised that the minimum lot size for subdivision on Big Island is S acres. The S acre minimum lot size would prohibit any future subdivision of the lots. 5.The aforesaid division shown on the attached Certificate of Survey shall be filed by the City of Orono with cither the Hennepin County Recorder's Office or Registrar of Titles Office on or before October 22,2002 together with a certified original copy of this resolution. 6.The City of Orono shall not issue any permits for improvements to either of the new parcels prior to recording the subdivision. 7.The approval granted by this resolution shall expire if the division has not been filed by the date specified above. In that event, a new application may be required for the City of Orono review. LEGAL DOCUMENTS required: a) Title Opinions addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. The subdivider must provide certified copies of all recorded easements currently affecting the property. Three Copies of Certificate of Survey, with signature blocks, for filing with Hennepin County. Drainage and Utility Easements documents for easements 1 O' along exterior property lines and S' along interior property line. Page 4 of 6 f i i" I» 1 1 'I • I Adopted by the City Council of Orono, Minnesota this 22nd day of April, 2002. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 22nd day of April, 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 Page S of 6 L I ■ 7 OQ O HI 150.00 (PiAf) Xy/i /i /y isaoo (piat) _ JSO^Jiii^S)________________2--, __________^l^06(^AS) \ ** \ “ T 1* Y" JO MINNE>TONKA ' t H» ft 150 03 (UCAS) VITtlUfiSCUMP ■tACIt 710. MICHAEL WDNEJI iM.IOURTMUDEII •7MM. WILUAM IftYSON Mo.ftrmrr.p«iMcc< AM . JAMES A. R. XNIHION AM . CLVrTON KHVDSOH AJt.JirmBY riRsoM 7M. CHERYL RAMSTAO HVASS V V V BIG ISLAND LANDOWNERS JULY 1.1W KEY; Ri Srm M IM Am ^AM k OUMi^toMiait v\ I ■ ■-.t rfniln I ni I I ^\J. <J\J i J.ww.ww V* w..., XI 1 / / lju.uu ^r'LAij ________________150^8_(MEAS)______________________________________________08 ___________ SO \ 50 \ 50 *T 50 '. 50I • • I ^ >r- ^ ^ _________________ ‘ lJU.UU ^r'LAIj MINNE'TONKA \ ELEV.-928.30 y2-0l-98 \ -----------------— -'-V 50 ''N \ \ 50.00 (PLAT) 49.92 (MEAS) 150.03 (MEAS) 4 CO no /Ol 4 T\ 150.03 (MEAS) lo tiir imiMtiirittnaBt'il imri £ (DRAFTI DRAINAGE AND UTILITIES EASEMENT THIS INDENTURE, made this day of , 20_, by and between William Brvson and Thelma Brvson. and James A. R. Johnson hereinafter referred to as ”Grantor(s)", and the City of Orono, a municipal corporation, its employees, interests and assigns, hereinafter referred to as "Grantee". WITNESS, THAT Grantor(s), in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration given by Grantee, the receipt of which is acknowledged by Grantor(s), do(es) hereby grant, bargain, sell and convey to Grantee, its successors and assigns, a perpetual easement for drainage and utility purposes, including the right to construct and maintain the same, together wi.h the right of the public for access over, above, under and across the land located in the State of Minnesota, County of Hennepin, legally described as follows: See attached Exhibit “A” which is made part of this document. In addition to any other remedy the Grantee may have, the covenants and restrictions contained herein may be enforced by injunction. Grantor(s) covenant that they are in fee title to the above property, have a lawful right and authority to convey and grant this easement, and that the land is free from all encumbrances except: Grantor(s) have executed this document the day and year set forth above. GRANTOR(S) Page 1 of3 i STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me this _______________, 20___, by________________ day of NOTARY PUBLIC State Deed Tax Due Hereon: This instrument was drafted by: City of Orono P.O. Box 66 Crystal Bay, MN 55323 Page 2 of 3 ^ 6 Exhibit “A” |To be submitted by Applicant's Surveyor] Page 3 of3 -IT ................ ORONO PLANNING COMMISSION MINUTES FOR MARCH IS, IMS F (S2444 Brian and Susan Schablar. contlnuad) Schebler stated a lot of haidcover has already been removed, vrith the deck being designed to allow the water to seep into the ground. Schebler indicated he wi..- '..antinue to reduce hardcover on this lot wherever possible. Schroeder commented that most of what Schebler has removed has not been counted in the hardcover figures. Mrs. Schebler stated they were tokJ they could have a deck on the property. Smith commented that it appears the Planning Commission is recommending that the deck be removed. Mrs. Schebler stated that they could perhaps remove the rock around the house. Smith inquired whether this application should be tabled to see if additional hardcover can be removed. Sciiebler stated the drtveway probably cannot be reduced. Lindquist commented he has a problem with using gravel as a tradeoff. Weinberger remarked there may be some confusion over the fact that there are other times when garages and decks are granted, but there Is nothing in the code that states that a garage or a deck would be granted simply because a lakeshore property is without one. Schebler remarked he would be willing to have this application tabled and meet with City Staff In an effort to reduce hardcover. There were no public comments. Schroeder moved, Smith seconded, to table Application #2444,1354 Rest Point Circle, to allow the Applicants time to reduce legitimate hardcover by a minimum of 900 square feet. VOTE: Ayes 5, Nays 0. (#6) #2461 CHRIS PIERSON, ON BEHALF OF BRYSONS/JOHNSONS, 650,660,670,680 ^ BID ISLAND, LOT UNE REARRANGEMENT, 8:03 p.m. - 8:22 p.m. Chris Pierson, on behalf of the Applicants, was present. Weinberger stated the Applicant is requesting a lot line rearamgement and lot combination for lots located at 650^0-670-680 Big Island. The lots are currently three separate seasonal residences on four tax parcels that are to be combined Into two parcels. The Applicants are proposing to combine Lots 3,4 and one-half of Lot 5 to create one tax parcel on Big Island, and the center lot would be split and added to the 650 lot. Weinberger remarked the main issues to address would be the future of the existing cabin located on Lot 5. Fire Code does not allow a structure to exist this close to the property line. There are also exists some zonir^ code requirements which would require variances to be granted to allow a residence to be located this close to a lot line, and a conditional use permit would be necessary to allow a guest cabin. Currently City Code does not allow two principal residences to be located Page 7 ORONO PLANNING COMMISSION MINUTES FOR MARCH 18. ItM <•2481 Chdt PMrsofl, conUniMd) on one lot. The Applicants are proposing to keep the existing cabin, which Staff cannot support, and Staff has stated the cabin on Lot S shall be removed prior to the filing of the subdivision wMh Hennepin County. The State Building Code does not allow buildings to be located within three feet of property boundaries. Weinberger stated this proposed lot line rearrangement would reduce density on Big Island and the eventual removal of structure and hardcover and returning the area more to its natural appearance. Currently the cabin located on Lots 5 and 6 shares a well located to the south, which would be moved to 650 property should the lot line rearrangement be approved, and also shares a septic systerr serving the property at 670. Staff is requesting that the septic lines be capped, and the proposal would be one septic site for one residence. Staff b also requesting that the easemenb and any other agreemenb relating to the well and septic systems be vacated and eliminated. At the time thb was platted, there would not have been drainage and utility easemenb to vacate over the old property line, but Staff b requesting that there be five feet on each side of the interior property line and ten feet across the rear of the property line for drainage and utility 6as6fn6nt$. staff b recommending approval of the lot line rearrangement to create the two tax parcels with Lob 3,4, and 5 making up one parcel, and Lots 6,7, and 8 making up the other parcel. Staff b requesting that the cabin located on Lot 5 be remov^, along with the deck, stairway, sidewalk, and removal of the shed, prior to the filing of the subdivision with Hennepin County. Staff b also requesting that title opinions be delivered to the Crty for Lob 3 through 8. PlarMn stated the property was acquired from Betty Fisher who had requested at the time of pui^se that the cabin remain for a period of time due to sentimental reasons, which was aoreed to by Bryson and Johnson. Chair Smith inquired what the use of the cabin will be should it remain on the property. Br^n Indicated that they have no intentions on utilizing the cabin and are willing to remove It in two to three years. JohnMn stated, if possible, they would like the cabin to remain for the next five yaars, but if the Planning Commission decided otherwise, they would be willing to remove the cabin. There were no public commenb. Lindquist indicated he would be agreeable to allov^ng the cabin to remain on the property for two yddfs* Smith commented that the only issue with thb application appears to be the cabin. Weinberger remarked that City staff does have concerns regarding enforcement should the cabin not be removed. Pierson stated the City could require that the cabin be removed, and if not, a court order for ib removal could be issued. Lindquist commented a bond could be required at a reasonable cosL it was the consensus of the Ptanning Commbsion to allow the cabin to remain for two and a half Pages ORONO PLANNING COMMISSION MINUTES FOR MARCH 18.18ft (#2481 Chris Pisrson, contlnutd) years. Lindquist movsd, McMUIan seconded, recommending approval of Application #2481, 650.880,870, and 880 Big Island, subject to removal of the cabin located on Lot 8, along with the deck, stairway, steps and shed within the sideyard setback, within the next 30 months, filing of the subdivision be completed shortly after approval by the City Council; further subject to vacation of the utility, well, and drainage easements shortly after approval by the City Council of the tot line rearrangemenL with the appropriate drainage and utility easementa being granted to the City as requested by City Staff, and a title opinion will be completed and a copy provided to the City prior to filing of the subdivision. This approval is also based on the un^rstanding that the cabin located on Lot 6 will not be used during the rwxt 30 months. VOTE: Ayes 8, Nays 0. Schroeder requested that the Applicants draft the appropriate agreements subject to review and approval by the City Attorney. (#7) #2482 DAVID LOVELACE, HAVING AN INTEREST IN 220 BIG ISLAND - VARIANCE, 8:28 p.m. - 8:37 p.m. David Lovelace, Applicant, was present. Weinberger stated the Applicant is requesting a lot area variance to create a buildable lot on Big Island. The existing lot is 4.3 acres where 5 acres Is the minimum lot size for building. Weinberger stated access to the lot is an issue, noting that there are a number of platted right-of- ways within Big Island, which would allow access to the lot. In 1983, most lots on Big Island were granted automatic lot area variances when the island was rezoned to RS. The previous property owner never filed their application to have their automatic lot area variance granted, making it a record lot, and the time period has expired for a free automatic variance. Staff recommends approval of the variance to permit 220 Big Island to be a buildable lot, and to waive the one year expiration for the variance. Weinberger stated the main issue is access to the lot for docking rights. It should be noted that City Code requires that docks on Big Island are for the use of the owners and their guests and not to be loaned or rented for money. If the Applicant requested dock space, a permit would need to be issued by the City Council. City Staff is also requesting that an existing cabin, which Is currently in ruins, be removed prior to construction prior to any building permit being issued. Lovelace stated an agreement exists where restricts construction on the north area of the property, noting he is willing to remove the old cabin that currently exists on the parcel. Weinberger remarked that an easement granted by the previous property owner as a conservation area to the north to avoid any new structure being constructed in that area, and the Applicant has agreed to file a copy of the easement with the City and have H placed it on the title. Lovelace indicated at this time he does not have an intention to store boats on Big Island, but would like to have a permit issued to have a dock on the property. Pages I ORONO PLANNING COMMISSION MINUTES FOR MARCH 16.1H6 (62462 David Lovalaca. continuad) Weinbefger stated the previous owner did have dock rights with the neighboring property owner, which was grandfathered In. Sj^r^er indicated that access to this lot should be granted before approval of this application is Un^uMindlaM he would be willing to approve this application subject to access being granted Schroeder suggested that this application be tabled unUI access is obtained. Lovelace indicatad he wdll not be obtaining any building permits unless access is obtained. Chair Smith inquired whether there were any public comments concerning this application. Gerald Walsh. 180 Big Island, commented that there are three public accesses available. Smith remarked that the residents are not allowed to leave their mode of transportion on the public right-of-way. Rodney Minnlch, 340 Old Crystal Bay South, commented that the Applicant could buy an aquatic car. lan*^ *f>® residents cannot leave their mode of transportation on public McMillan inquired whether there were suitable septic sites available. Lovelace commented that the septic inspector has found three or four sites which will probably be $uK8bl6 for his uso. Lovolaco stated a tnound system would be required If he builds In excess of 800 square feet. Hawn moved, McMillan seconded, to recommend approval of Application 62462, granting of a lot area variance to create a bulldable lot at 220 Big Island, subject to access being obtained and septic issues being resolved. VOTE: Ayes 6, Nays 0. (68) ROBERT ERICKSON, 364 and 372 WESTLAKE STREET. LOT LINE REARRANGEMENT. 6:36 p.m.-6:10 p.m. Robert Erickson, Applicant, along with Mike Cronin, were present. Weinberger stated the Planrting Commission reviewed the sketch plan for the proposed lot line ^arrangement at their November. 1998 meeting. The Applicant has revised the plans slightly. Currently Lot 9. the 364 property, is a narrow parcel consisting of .65 acres, and the property locate at 372 Westlake Street consists of 2.01 acres, which makes H a conforming lot. 372 WesUake Street has a residence currenUy situated on H. which Is being occupied at the present time, along with two guest cabins. The lot was assessed for only one sewer unit although K does contain the three separate dwelling units. The property currenUy Is not hooked up to sanitary sewer, a^llcatl*'^*** ^**ve indicated that they will hookup to sanitary sewer upon approval of their Page 10 ORONO CITY COUNCIL MEETING minutes for APRIL 12,1999 G (#5; nm Lyle and Cretchen Shaw, 1780 Shadywood Road - ConHnued Flint said he is in favor of approving the application because the garage addition is behind the 75’ setback, it is a small lot and not having a garage would be a hardship. VOTE: Ayes 4, Nays 0. uy ^4(1 Chris Pierson, on behalf of William and Thelma Bryson, James A. R. Vh f Ahn«on. 670 and 680 Bie Island - Subdivision Chris Pierson, Pierson & Pierson, was present. Weinberger presented the staff report. The applicant has proposed a lot line rearrangement and lot combination. The lots are currently three separate seasonal residences on four tax parcels that are to be combined into two parcels. Three existing cabins are located on the lots. The zoning code would not allow two principle residences to be located on one property. The Planning Commission had made a recommendation to allow the cabin to remain for a period of 30 months. The property owners are willing to file an agreement with the City assuring the cabin would be removed and it would not be used for that time. Weinberger said there is an issue with the State Building and Fire Codes which state that no buildings are allowed wthin three feet of a property line which is the situation that would be created by this application unless fire walls and a parapet are constructed Cities do not have the authority to vary from the requirements of the State Code. He smd the applicant could build the fire walls and bring the center cabin up to code in order to allow the lot line rearrangement to occur. The cabin could be removed at the time of the filing of the subdivision. Another option would be to move the property line south 1-1/2 feet. Another option would be to do nothing until the cabin is removed. Staff recommends denial of the application based on the State Building Code requirements. Chris Pierson said his clients bought the property last June from a long-time friend of the family. In the course of buying the property, the former owner asked that the cabin not be tom down. His clients have agreed to remove the cabin in 30 months. Jabbour asked if the property line could be moved 1-1/2 feet to accommodate the State code requirement. Pierson said he would have to discuss it with his clients. They would like the application approved now and they wouldn’t file the subdivision for 30 months. Jabbour said he is in favor of approving the application, but he is not willing to ignore the State Statute. Pierson said building the fire wall and parapet are not feasible. He said his clients are not willing to put more money into surveys. His clients arc willing to enter into an agreement with the City that the cabin will be removed in 30 months. Page 6 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 (H6) U246i ChHs Pierson, on behalf of William and Thelma Bryson, Jama A. R, Johnson - Continued Sansevere asked if the intent is to leave the cabin to accommodate the wishes of the previous owner. Pierson said yes, but the long-term plan is to remove the cabin. Jabbour asked staff if a preliminary subdivision can be approved, but the mylar not signed. Barrett said applicants have six months from preliminary approval to obtain final subdivision approval, but there is a provision for extensions. Jim Johnson, 650 Big Island, said nothing is changing from where it is right now and he questioned the need for a fire wall. Pierson said the intent is to simplify the arrangements regarding taxes, insurance, sewer, etc. He asked if the Council could approve the application subject to their agreement not to file it, which is how the Planning Commission approved it. Jabbour said that after the Planning Commission acted on this application, staff discovered the technical problem with the State Building Code. Jabbour ask^ if the Council could give preliminary approval and wait to issue final approval after the cabin is removed. Johnson stud he is trying to settle this matter for estate planning purposes. Barrett said this application is for a lot line rearrangement and there is no preliminary plat required. Jabbour suggested that the application be tabled. Johnson said he would agree to table it. Sansevere said he favors moving the lot line. K cH qt moved, Flint seconded, a motion to table Application #2461,650-660-670-680 Big Island, Lot Line Rearrangement. VOTE: Ayes 4, Nays 0. Page? lii'i iiiiiKimiMliliiiaifUMiitririnln I -r 2- - P- r- A A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTIONS 10.22 SUBDIVISION 2 AND 10.56 SUBDIVISION 16 (L)(2) FILE NO. 02-2740 WHEREAS, JcfftyJ. Twidwell and Nancy A. Twidwell (hcreinaAer "the applicants") are the owners of the property located at 1865 Concordia Street within the City of Orono (hereinafter the "City") and legally described as follows; Lot I, Block 1, Fagerness Woods, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Sections 10.22 Subdivision 2 and I0.S6 Subdivision 16(L)(2) to allow hardcover in the 75-250' zone in excess of the 25% allowed by code for the construction of a new residence to replace the existing residence on the property. Minnesota; NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #02-2740. The property is located in the LR-IC Lakeshore Residential Zoning District, which requires minimum lot area of 0.50 acre and minimum lot width of 100'. The lot contains 0.51 acre and has a defined width of 102', and therefore is conforming in lot area and width. 3.The property contains an existing residence structure and detached garage, comprising ‘lot coverage by structures’ of 11.4 % w here 15 % is normally allowed. The existing residence, garage, decks, sidewalks, driveways, and other calculable hardcover on the property totals 1,574 s.f. or 20.4 % in the 0-75' lakeshore setback zone where no hardcover is normally allowed, and 6,124 s.f. or 42.83 % in the 75-250' zone where only 25% hardcover is normally allowed. Page 1 of7 ■ ,.«■ --------- niT ~ ~ i 4. 5. 6. Proposed hardcover on the property is 252 s.f. or 3.27 % in the 0-75' zone, and 4,797 s.f. or 33.54 % in the 75-250' zone. Proposed lot coverage by structures is 11.7 %, well below the 15 % ma.\imum allowed. The Orono Planning Commission reviewed this application on March 18,2002 and recommended approval of the requested variance as presented on a vole of 7-0, conditioned upon removal of the 252 s.f. deck portion of the 252 s.f. stairwav/deck system located near the lakcshore in the 0-75' zone. The deck portion comprises 120 s.f. of hardcover to be removed, leaving 132 s.f. of stairway in the 0-75' zone . The City Council makes the following findings of hardship and justification in regards to this application: b. c. d. e. The existing residence is in a non-conforming location because it is partially within the 0-75' zone, and because it encroaches past the average lakeshore setback defined by the locations of the two abutting lakeshore residence structures. Applicants propose to remove the nonconforming residence and replace it with a new residence, attached garage and decks located completely outside of the 0-75' zone and behind the defined average lakeshore setback line, resulting in a conforming residence location, but still resulting in an excess of hardcover in the 75-250' zone. Potential methods to reduce hardcover in the 75-250' zone include reducing the footprint of the proposed residence and garage; moving the proposed residence and garage nearer the street; and reducing the size of the driveway. The proposed footprint of house and garage at 2,565 s.f or 11.7% of lot area is not excessive for a conforming lot in the LR-IC District. Keeping the proposed residence relatively in line with adjacent lakeshore residences will avoid a ‘domino ’ effect which would negatively affect the neighbors ’ average lakeshore setbacks. Moving the proposed house and garage closer to the road could have a negative impact on applicants’ views of the lake which would be impeded by the location of existing neighboring homes which are both conforming or nearly conforming to the 75' lakeshore setback. Page 2 of 7 J r, f. g- h. I. J Three mature maple trees in viable condition exist in the 75-250* zone, one of which is located centrally on the property. Preservation of these maples will prcser\e an amenity for the property and the neighborhood, and will be consistent with the Comprehensive Plan by presen ing the wooded nature of the Lake Minnetonka shoreline. Further, the trees are so large that their relocation is not feasible, and replacement with trees of similar size and character is not feasible. For these reasons, the location of these trees presents a hardship to redevelopment of the property, limiting the variety of possible house/garage configurations and locations. The proposed house is designed and located to limit encroachment into the root systems of these trees. The proposed driveway is intended to ser\’o a 3-stall garage and allow for a backup area so that vehicles can enter Concordia Street without backing into the street. This is important because existing vegetation on adjoining properties limits tralTic visibility. Even though Concordia is a relatively low- traffic street, it is a through street, with a very narrow (only 25') right-of-way. While a smaller driveway consisting of less hardcover could be designed to accomplish the same objectives, such a driveway would have to be located to the immediate south of the two mature maples nearest the road, rather than in the existing/proposed driveway location north of said trees. This would have a negative impact on their root systems, which have developed primarily in this undisturbed area to their south rather than under the existing/proposed driveway, as documented by applicants’ forester, Steven J. Cook in letters dated March 2,2002 and April 3,2002. Hardcover in the 75-250’ zone can be reduced by approximately 160 s.f by reducing the driveway width from 18 ’ to 14 ’ for the first 40 ’ as it enters the property, resulting in 75-250’ hardcover of4,637 s.f. or 32.43 %. Each ofthe factors noted above individually vould not justify the granting of a variance, but the combination of gU factors affecting this specific property does comprise a hardship to the property w hich supports the granting of a variance. Page 3 of7 i k. 8. Because the location of mature trees is a primary factor in the determination of hardship for this site, the loss of said trees during or after redevelopment of the property would negate many of the basis for hardship. Therefore, it is reasonable to establish as a conditions of approval that the applicants and their agents take all feasible and reasonable steps to ensure the continued viability of the trees. Furthei , it is reasonable to require that i f one or more of said trees dies or is removed w ithin the first S years after redevelopment of the site commences, said trees will be replaced immediately with the most substantial trees of like character that can feasibly be transplanted in the approximate same locations as the tree lost. 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 applicants' agents, and the effect of the proposed variance on the health, safety and w elfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; w ould not merely ser\ e as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Sections 10.22 Subdivision 2 and 10.56 Subdivision 16(L)(2) to allow hardcover in the 75-250’ zone in the amount of32.43% w here only 25% hardcover is normally allowed, subject to the following conditions: 1.Council approval is based on the site plan submitted by the applicant and as modified by City staff to show the driveway width reduced to 14' for the first 40', attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. Page 4 of7 i 2. 3:4, 4:5. 5:6. 6:7. Applicants arc advised that the only site grading allowed in the 0*75' setback zone is that minimal grading necessary to fill the foundation area of the c.\isting house, and any additional grading necessary to accomplish proper site drainage, subject to approval of the City Engineer. Grading in the 0-75 ’ zone intended to artificially lower the pre-existing elevation to create a walkout situation is specifically not approved. A site grading plan shall be submitted and approved by City staff prior to issuance of the demolition and building permits for the site. Applicants and their agents sh <11 take all feasible and reasonable steps to ensure the continued viability of the 3 mature maple trees identified as contributing to the hardship situation on the property. If one or more of said trees dies or is removed within the first 5 years after redevelopment of the site commences, said trees shall be replaced immediately with the most substantial trees of like character that can feasibly be transplanted in the approximate same locations as the trees lost. Applicants shall obtain the appropriate erosion control permit from the MCWD prior to commencing demolition, site grading or construction on the site. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (April 22,2003). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 5 of 7 Adopted by the Orono City Council on this 22nd day of April, 2002. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property 0\vner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this__day of .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 The foregoing instrument was acknowledged before me on this_day of ,2002 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 6 of? .... STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of 2002, personally appealed before me, ____ who is personally known to me ____ whose identity I proved on the basis of whose identity I proved on the oath/affirmation of a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of 2002, personally appeared before me, ____ who is personally known to me ____ whose identity I proved on the basis of, whose identity I proved on the oath/affirmation of. a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Page 7 of? ••••''M MSI ■lUA >EST FOR COUNCIL ACTION APR 2 2 2002 Cl I f UHONO Date: April 17,2002 Item No.: Departmeat Approval: Name: Michael P. Gaflron Title: Planning Director Administrator Approval:Agenda Section: Zoning Item Dcscriptioa: #02-2740 Jeff & Nancy Twidwell, 1865 Concordia Street • Variance Resolution ListofEihiblts: A • Resolution B - Site Plan as approved (to be attacbed to Resolution) C - Draft Council Minutes 4/8/02 On April 8 Council voted 5-0 to grant approval for the requested hardcover variance per the attached site plan as modified by staff to show: a) removal of the deck in the 0-75' zone as agreed to by applicant during the Planning Commission review; and b) reduction of the (Liveway by an amount of 4' X 40' to a final width of 12'. Council directed staff to draft a detailed resolution documenting the findings of hardship and justification in support of the variance approval. The attached resolution makes detailed findings in support of the variance, advises the applicant of grading limitations for the site, and requires replacement of any of the 3 maple trees that dies or is removed within 5 years of commencement of site redevelopment. COUNCIL ACTION REQUESTED: Adopt the attached resolution as drafted or with any revisions Council desires. ^j ^ -, A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTIONS 10.22 SUBDIVISION 2 AND 10.56 SUBDIVISION 16 (L)(2) FILE NO. 02-2740 WHEREAS, JefiryJ. Twidwell and Nancy A. Twidwell (hereinafter "the applicants”) are the owners of the property located at 1865 Concordia Street within the City of Orono (hereinafter the "City") and legally described as follows: Lot 1, Block 1, Fagerness Woods, HenBcpia County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Sections 10.22 Subdivision 2 and I0.S6 Subdivision 16(L)(2) to allow hardcover in the 75-250' zone in excess of the 25% allowed by code for the construction of a new residence to replace the existing residence on the property. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono. Miimesota: FINDINGS 1. This application was reviewed as Zoning File #02-2740. 'y The property is located in the LR-IC I.akeshorc Residential Zoning District, which requires minimum lot area of 0.50 acre and minimum lot width of 100*. The lot contains 0.51 acre and has a defined width of 102', and therefore is conforming in lot area and width. 3.The property contains an existing residence structure and detached garage, comprising Mot coverage by structures' of 11.4 % where 15 % is normally allowed. The existing residence, garage, decks, sidewalks, driveways, and other calculable hardcover on the property totals 1,574 s.f. or 20.4 % in the 0-75' lakeshore setback zone where no hardcover is normally allowed, and 6,124 s.f. or 42.83 % in the 75-250' zone where only 25% hardcover is normally allowed. Page I of 7 1 1 4. 5. 6. Proposed hardcover on the property is 252 s.f. or 3,27 % in the 0-75' zone, and 4,797 S.f. or 33.54 % in the 75-250* zone. Proposed lot coverage by structures is 11.7 %, well below the 15 % maximum allowed. The Orono Planning Commission reviewed this application on March 18,2002 and recommended approval of the requested variance as presented on a vote of 7-0, conditioned upon removal of the 252 s.f deck located near the lakeshore in the 0-75* zone. The City Council makes the following findings of hardship and justification in regards to this application: b. c. d. e. The existing residence is in a non-conforming location because it is partially within the 0-75’ zone, and because it encroaches past the average lakeshore setback defined by the locations of the two abutting lakeshore residence structures. Applicants propose to remove the nonconforming residence and replace it with a new residence, attached garage and decks located completely outside of the 0-75' zone and behind the defined average lakeshore setback line, resulting in a conforming residence location, but still resulting in an e.\cess of hardcover in the 75-250' zone. Potential methods to reduce hardcover in the 75-250' zone include reducing the footprint of the proposed residence and garage; moving the proposed residence and garage nearer the street; and reducing the size of the driveway. The proposed footprint ofhouse and garage at 2,565 s.f. or 1 l,7%oflotarea is not excessive for a conforming lot in the LR-IC District. Keeping the proposed residence relatively in line with adjacent lakeshore residences will avoid a ‘domino ’ effect which would negatively affect the neighbors ’ average lakeshore setbacks. Moving the proposed house and garage closer to the road could have a negative impact on applicants’ views of the lake which would be impeded by the location of existing neighboring homes which are both conforming or nearly conforming to the 75' lakeshore setback. Page 2 of 7 f. g- I. J Three mature maple trees in viable condition exist in the 7S-2S0' zone, one of which is located centrally on the property. Preservation of these maples will preserve an amenity for the property and the neighborhood, and will be consistent with the Comprehensive Plan by preserving the wooded nature of the Lake Minnetonka shoreline. Further, the trees are so large that their relocation is not feasible, and replacement with trees of similar size and character is not feasible. For these reasons, the location of these trees presents a hardship to redevelopment of the property, limiting the variety of possible house/garage configurations and locations. The proposed house is designed and located to limit encroachment into the root systems of these trees. The proposed driveway is intended to serve a 3-stall garage and allow for a backup area so that vehicles can enter Concordia Street without backing into the street. This is important because existing vegetation on adjoining properties limits traffic visibility. Even though Concordia is a relatively low- traffic street, it is a through street, with a very narrow (only 25') right-of-way. While a smaller driveway consisting of less hardcover could be designed to accomplish the same objectives, such a driveway would have to be located to the immediate south of the two mature maples nearest the road, rather than in the existing/proposed driveway location north of said trees. This would have a negative impact on their root systems, which have developed primarily in this undisturbed area to their south rather than under the existing/proposed driveway, as documented by applicants ’ forester, Steven J. Cook in letters dated March 2,2002 and April 8,2002. Hardcover in the 75-250' zone can be reduced by approximately 160 s.f by reducing the driveway width from 18' to 14* for the first 40' as it enters the property, resulting in 75-250' hardcover of4,637 s.f. or 32.43 %. Each of the factors noted above individually would not justify the granting of a variance, but the combination of gli factors affecting this specific property does comprise a hardship to the property which supports the granting of a variance. Page 3 of7 7. 8. k.Because the location of mature trees is a primary factor in the determination of hardship for this site, the loss of said trees during or after redevelopment of the property would negate many of the basis for hardship. Therefore, it is reasonable to establish as a conditions of approval that the applicants and their agents take all feasible and reasonable steps to ensure the continued viability of the trees. Further, it is reasonable to require that if one or more of said trees dies or is removed within the first 5 years after redevelopment of the site commences, said trees will be replaced immediately with the most substantial trees of like character that can feasibly be transplanted in the approximate same locations as the tree lost. The City Council has considered this application including the findings and recommendations of the Plamiing Commission, reports by City staff, comments by the applicants and applicants’ agents, and the effect of the proposed variance on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Sections 10.22 Subdivision 2 and 10.56 Subdivision 16(L)(2) to allow hardcover in the 75-250' zone in the amount of32.43% where only 25% hardcover is normally allowed, subject to the following conditions: 1.Council approval is based on the site plan submitted by the applicant and as modified by City staff to show the driveway width reduced to 14’ for the first 40’, attached to this resolution as Exhibit A. Any amendments to the site plan may require further Plaiming Commission and City Council review. Page 4 of7 2. Applicants are advised that the only site grading allowed in the 0-75' setback zone is that minimal grading necessary to fill the foundation area of the existing house, and any additional grading necessary to accomplish proper site drainage, subject to q)prDvaI of the City Engineer. Grading in the 0-75' zone intended to artificially lower the pre-existing elevation to create a walkout situation is specifically not approved. A site grading plan shall be submitted and approved by City staff prior to issuance of the demolition and building permits for the site. 3. Applicants shall obtain the appropriate erosion control permit from the MCWD prior to commencing demolition, site grading or construction on the site. 4. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (April 22,2003). 5. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 22nd day of April, 2002. f STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this__day of .,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 The foregoing instrument was acknowledged before me on this_day of .2002 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 6 of7 r AifiiA STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of 2002, 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/af!iimation of a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of . 2002, personally appeared before me, ____who is personally known to me ____whose identity 1 proved on the basis of, whose identity I proved on the oath/affirmation of a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Page 7 of? ^ -___.... .trt ORONO CITY COUNCIL MEETING MONDAY, APRIL 8,2002 None. ZONING ADMINISTRATOR’S REPORT 5. #2461 WilK^niaDd Thelma Bryson, and James A. R. Johnson^6^0fHl60,670, and 680 Big Ishiml—Subdivision of a Lot Line Rea[Ml(|ment Gaffron stated that the applicant Rad requpst63 the application be tabled. Mayor Peterson move^^'dM White seconde8^<^ling Item #5 William and Thelma Bryson, and J^c Ta . R. Johnson, 650,660,670, MtL^O Big Island—Subdivision of a Lot ^e lUarrangement. ^Vpt^TAyes 5, Nays 0. 6. #02-02740 Jeffry and Nancy Twidweli, 1865 Concordia Street—Variances Bottenberg stated that the Twidwells were proposing to tear down the existing house on their property and construct a new residence. They had already considered several remodeling schemes for the existing house and had revised their plans for new construction three times in an attempt to meet the 15% lot coverage for structures, setback requirements, and save three mature maple trees in the 75 - 250’ setback zone. The current plan meets setback, average setback, and lot coverage standards, but hardcover in the 75 - 250’ setback zone is proposed at 33.54% where only 25% is allowed. The applicants preferred plan keeps all three of the maple trees. The Planning Commission recommended approval. Bottenberg stated that staff found the lot is conforming and does not warrant a hardcover variance. Nancy Tidwell stated that they began plans to remodel two years ago, but because of L. ORONO CITY^UNCIL MEETING MONDAY, APRIL 8,2002 drainage issues, they have been advised to do a tear down and rebuild. They are currently looking at their fourth set of new construction plans. They are trying hard to preserve three 60-year-old maple trees, meet codes, and meet their family’s needs. She stated that keeping the driveway where it currently exists is best for the health of the trees. They hired an arborist who recommended keeping the drive in place because the trees’ root systems are used to the compression in those areas. Moving the drive, and compressing the roots in a new area would damage, and probably kill the trees. Mrs. Twidwell stated they have the support of their neighbors and the Planning Commission. She asked the Council for their support as well. Sansevere asked if the trees could be viewed as a hardship. Gaf&on stated that staff posed the question in order to stimulate discussion. If the Council were to approve the application, they would need to draft a resolution stating the unique nature of the case. White stated that hardcover is very hard on trees and that he knew of several people who added hardcover to their propcHies and lost trees as a result of it. He stated he was in favor of the application. Nygard asked if the driveway could be reduced. Mike Sherridan, the Twidwell’s builder, stated that the drivewa,* was currently plarmed at 18’ wide. It would be possible to narrow it some along the south siv_e, where the treer are. He stated a 4’ reduction would result in about a 120 s.f. hardcover reduction. Julie Bom of 1885 Concordia Street stated that there are hedges along her property edge, and they live on a hill reducing visibility of the road, therefore it was important the Twidwells be able to enter the street facing forward from their driveway. 1 ORONO CITY COUNCIL MEETING MONDAY, APRIL 8,2002 Gaffron stated the driveway reduction would reduce hardcover by about 1.5%. Flint stated he favored supporting the plication because they were making improvements from the current house. Barrett stated they could not use two sets of rules and warned that if the application were approved, it would likely have a precedential element. Flint suggested making it clear in the resolution that they are reducing hardcover and moving the house back from the lakeshore, making it less oppressive. Barrett stated that the current plan is better and more cohesive than the current structure on the lot, and the applicants have truly struggled to find a suitable plan. Nygard stated the only way for the Twmwells to reduce hardcover was to reduce the size of the house, reduce the driveway, or move the house back on the lot. Gaffron stated that would affect the neighbors by the domino effect. Liz Hawn stated that the Planning Commission routinely considers a tear down the same as new construction and use first principles when considering appV. ations. To look at what is merely better than before leaves them open to approving undesirable construction. The Planning Commission found hardships in the fact that they prefer cars to exit the driveway facing the street, and the lakeshore setback ai d age and size of the trees were also factors. Mike Sherridan stated that in the variance packet, it listed trees as something that could constitute a variance. He stated they tried to design a responsibly sized structure, placed the footprint around the existing trees, and used the existing drive. Tom Palm of 1685 Concordia Street stated that he supported the current plan because it held up the aesthetics of the neighboriiood and would not negatively impact the neighbors. ORONO CITY COimCIL MEETING MONDAY, APRIL 8,2002 Nygard moved, and White seconded, to approve the reqnested variances, allowing for greater than 25% hardcover in the 75 - 250* setback zone at an amonnt to be determined after the driveway b reduced in width from 18* to 14* along the south side where the maple trees sit with the understanding that the trees and their root systems will not be dbturbed, abo with the understanding that the house will be constructed in a normal position that does not restrict views, and Instructing staff to draft a resolution that reflects Council dbcussion. Vote: Ayes 5, Nays 0. *7. #02-27<H^ Addison and Cindy Piper, 1125 Spring Hill Road—Cond^nal Use Permit and Variance—Resolution No. Flint moved, and Sansevfen seconded, to adopt Resolution Noy/ granting variances to Municipal Connections 10.03, Subdivision 12^ permit the pool bouse to be located 9.3* from the prinnal structure where lOVIs required; Section 10.22, Subdivbion 1(B) to permit construction of a screen ^ch which encroaches 15* into the average lakesbore setback; a condinqnal use permit to allow the guest house per Section 10.20, Subdivision 3(G); and a conniflpnal use permit to allow plumbing in the accessory building (pool house) per Se9no^0.20, Subdivision 3(Q). Vote: Ayes 5, Nays 0. MAYOR/COUNCIL REPOR' Nygard stated that he felt ^ City subsidizes alarm companies by allowhu people with alarms free responses tpTalse alarms. It costs the City in wear and tear on \(ucles, time and man power. Si^vere stated the cost is passed on to the homeowner, whol^the taxpayer. He al^4tated they only get one free, then there is a charge for false ali Application Date: 1/23/02 Deadline: 5/19/02 mpeting APR 2 2 2002 cu r UP unuiMU REQUEST FOR COUNCIL ACTION DATE: April 18, 2002 ITEM NO.: S' Department Approval: Name Paul Weinberger Title Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: Zoning District: List of Eihibits #02-2749 Thomas Egan 350, 360 and 370 Big Island Right-of-Way Vacation Big Island - Recreational Seasonal District A Park Commission Meeting Minutes (March 4.2002) B Quest Letter (April 3.2002) C Staff Memo (February 22.2002) Application: The property owners of the lots located at 350,360 and 370 Big Island have requested to vacate of a portion of platted “Massasoit Avenue ”. Massasoit Avenue is undeveloped right of way on Big Island originally dedicated on the plat of Morse Island Park. Right of way has been used by the public for interior pedestrian access to parts of the lakcshore and, periodically, for vehicular traffic for transporting materials for home construction and septic installation. The right of • ay is also used by utility companies to provide electric and phone service to the Island properties. The Council requested the Park Commission review the vacation request. The Park Commission reviewed the vacation request on March 4.2002 and recommended approval of the vacation finding development of public trails may cause overuse of the island by the public. The Comprehensive Plan indicates a low level of public use of the island is encouraged due to the seasonal nature of the island. There are veiy few year round homes on the island making security an issue. In addition, no roads are developed on the island. Limited use of the rights of way on the island have caused erosion as there are no roads developed and periodic vehicular access is required. Private property trespassing does occur as the roads are unmarked. In many cases those paths do cross private property. The Park Commission also noted the proposed vacation does not effect any public water access. In addition to the comments by the Park Commission it should be noted that regular emergency services are not fully available. Fire and Police protection are very limited. The City notifies all public utilities of the vacation request since they reserve the right to use public right of way for their facilities. Qwest, Reliant Energy/Minnegasco, and Xcel Energy have provided documentation to the City of Orono stating that they have no facilities in the right-of-way. f #02-2749 Thomas Egan 350.360 and 370 Big Island Page 2 of 2 _____________ Vacation of any public right of way shall not cause any lot to lose interior road access. Although most lots do abut the shoreline, use of the interior roadway system is primarily by owners of interior lots and by owners of lakeshore lots with shoreline slopes that prohibit lakeshore access. The proposed vacation would not cause any lot to lose access to a public right of way. There are no public docks on the island. Not having a public docking area restricts use of the island to property owners and guests during the boating season. The Veteran's Park and the boat club do attract non­ homeowners to the island, however they are privately owned properties and are not generally open to the public. Vehicular access does occur during the w inter months and is necessary for properties on occasion. The City has observed that overuse of the undeveloped roadways has created some erosion ^ . lems. The City does not want to encourage overuse of the island areas because of the maintenance issues and concern over trespass on private property. Trespassing does occur as the roadways are not marked. According to information available to the City, property surveys and City topo maps, it does not appear any part of Massasoit Avenue or Metacomet Avenue have direct public access to the lakeshore. PlannlBg Commission Recommendation/DiscMssion (February 19,2002 Meeting) The Planning Commission reviewed the proposal and noted there may be a public value to Massasoit Avenue as a potential trail. The cabins located within the right of wav restricts public pedestrian use of the corridor. The entire corridor is almost entirely within 75' of the lakeshore. No buildings could replace the cabins when the time comes for the lots to redevelop. The cabins would have to be moved back on the property to meet all current setback requiremet.ts. To keep the interests of the public in mind, the Planning Commission noted the right of way may serve a future public use as island as a future trail Cv. :.dor. Also noted was the potential for one or two public access points to the lakeshore. The survey indicates the existing right of w ay does not reach the Ordinary High Water Level (929.4 ’) of Lake Minnetonka. Therefore there is no public lake access at the south end of the peninsula. The Planning Commission discussed the option of an exchange of land for the vacation to acquire enough property to provide public access to the lakeshore. Based on the potential use of the corridor as a public recreational trail, the Planning Commission felt they would like the Park Commission to review the proposal. The applicant stated he did not wish to have the Park Commission review and would prefer to discuss the proposal with the City Council. The Planning Commission voted 6-0 to recommend denial of the application. Planning Commission felt the public future use of the right of way as a trail should be reviewed by the Park Commission before they make a recommendation. The Planning Commission did request the City Council consider forwarding this application, and all future applications for vacating public property, to the Park Commission for their review and recommendation. COUNCIL ACTION REQUESTED To adopt the resolution vacating the portion of Massasoit .Avenue right of way as described in the resolution --------- A RESOLUTION VACATING A DEDICATED RIGHT OF WAY WITHIN THE PLAT OF MORSE ISLAND PARK SECOND ADDITION FILE NO. 02-2749 WHEREAS, tJie City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS,'fhomas P. Egan, on behalf of the property owners of340,350,360 and 370 Big Island, has applied fjr vacation of a dedicated right of way on property separating the above mentioned properties; and WHEREAS, the portion of the right of way to be vacated is legally described as follows: Attached hereto as “Exhibit A" (hereinafter “vacated right of way ”); and WHEREAS, after due published and posted notice, a public hearing was held by the Oronc Planning Commission on February 19,2002 regarding said vacation and all interested persons were given an opportunity to be heard; and WHEREAS, on February 19,2002 the Orono Planning Commission reviewed the application and requested the Council and Park Commission review the said vacation; and WHEREAS, on March 4,2002 the Orono Parks, Open Space and Trails Commission recommended approval of the vacation. WHEREAS, the Orono Council finds the vacation as proposed is in keeping with the public interest and in consideration of the following findings: 1. The City of Orono has received no objections to the vacation. Page 1 of S 4 I 2.Qwest, Xcel Energy, and Reliant Energy/Minnegasco have all responded and have stated they did not have existing facilities within the easement area. 3.The future provisions for a public trail are not warranted in this case due to the relatively low public use of the island. The Comprehensive Plan does not encourage heavy use of the island due to erosion concerns and maintaining a natural appearance of the properties. The right of way provides interior access and mobility for the island properties. The undeveloped nature of the road system has made private property trespassing a concern. Many walking paths are not actually located within platted right of way. 5.There is no direct lake access for any portion of the road that is intended to be vacated. 6. No direct, public access to any property on the island would be eliminated by vacating the portion of right of way. NOW, THEREFORE, BE IT RESOLVED, that the v acation of the portion of right of way as described in Exhibit A, as shown on the Certificate of Survey attached as Exhibit B, is hereby granted by the Council of the City of Orono on this 22"^ day of April, 2002. ATTEST; Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Page 2 of 5 ft STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 22nd day of April, 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 The foregoiiig instrument was acknowledged before me on this day of , 2002 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 5 Exhibit A That part of Massasoit Avenue, as dedicated on the Morse Island Park Second Addition which lies between the southeasterly extension of the southwesterly line of Lot 1, said addition, and the southeasterly extension of the northeasterly line of said Lot 1. That part of Massasoit Avenue, as dedicated on the Morse Island Park Second Addition which lies between the southeasterly extension of the southwesterly line of Lot 2, said addition, and the southeasterly extension of the northeasterly line of said Lot 2. That part of Massasoit Avenue, as dedicated on the Morse Island Park Second Addition which lies between the southeasterly extension of the southwesterly line of Lot 3, said addition, and the southeasterly extension of the northeasterly line of said Lot 3. Page 4 of S u •H •H •C X •«• V ••• * • ’ • •• * • *• • c.: dstmmui ucATuman TWI #«H «f ItoaMMfl •» ItorwMMMr fii## Sk44Ht— mhM Un »ttw Mk« fMrtWMttfftf mUaMm •/ IA«Mm &m X mM •MIIImi. IM« mmtM—»Ufif nUtutm M IM Mrt*^MUr<f Mm •< mM l«< A I»FIM H’ ^ ^ Wfk»4 i«wi«« 4f*uM to W flMticM •.V f: - - *.-» fft*l M & MOttt UUM9 MUL tftmi totMM Mto Mm m4 Mto «Mto 9mt0Hjf Mm «riM M MMBt ttUMi AUHT (f to IM aM •r iMto Mi—tt—ia < Mto '• /-i-.l •'. ■' i»«.i / *i: •.,v w z-* ... \ ' \ \' \ V • \ , \ ■ A- \.‘!VsA\'' ;..</ ••'»/-'•'V A •V 1 X \ /T' .^ * » • • ftoi pmi 9tiMX mtm mum hm ucmm Mtot MM «r • Mm mmmw mmi im •r mM M to • M*»l M IM If «Ml MftoMMMtf M«M Mto ■■rtfc —toKf mtmt iMr—ft toto CMM ^Mt •/ MMiW •M»M M««rriW M TM*4 ^M« «r MmmmM Amvm. m MfMtoatoM MMmm IMi^ Mr SUmmrntm §mHM Mto MsMtowlM^ MtoMtoa «F Uto mtMM Mm «r mM Ifli J itorl/ MmI 4mm m A. •MM MMll ixrTTJ •«. rt. •MMmM MMfW MMUCtf-ctocm M« «i« f M • Mp M« • M* ^ I •r*. I AfcM fiMi r UH/m rmrAMP m. «r«Arl l/ii/%0#f r%r%Tnrr% Kntkrt 11 lllll•l^^■■l^lr^iallitrl r* I MINUTES OFTHE CITYOFORONO PARKS, OPEN SPACES AND TRAILS COMMISSION MEETING Mooday, March 4,2002 7:15 o*dock pan. REPORTS/UPDATE (»5) BIG ISLAND RIGHT-OF-WAY Tom Egan, 360 Big Island, was present Gappa stated this item was at the February Planning Commission meeting where it was recommended that the Park Commission review the vacation request. The Park Commission reviewed a map depicting the various lots on Big Island. Gappa pointed out the different lake access points on Big Island, noting there is a network of walking trails currently throughout the island. Gappa stated some of these trails may be located on private property, but it was the intention that they be located in the right-of-ways. Gappa noted there are a couple of parcels that currently do not have lake access that are located along Massasoit Avenue. McDermott inquired whether these arc platted streets. Gappa stated they are platted streets as well ?s a number of lake accesses and trails on Big Island. Gappa stated the application before the Park Commission is similar to a number of other vacations the City has done in the past. Gappa stated Staff had recommended approval of this vacation. Silber noted the Planning Commission voted unanimously against the vacation. Silber inquired why the Planning Commission was against the vacation. Gappa stated the Planning Commission thought every lot on the lake should have lake access and that the City should pursue acquiring land to give lake access to those lots. Gappa indicated there was also a question regarding location of the utilities in this area. McDermott stated if the Park Commission gives them the right-of-way to the road, the City in return should request access to the lake. Meyers inquired what the contour of the land is in that area. Gappa stated there is a steep hill in the area, with some area being flat. McDermott inquired whether Common Avenue went to the lake. Gappa stated it does not extend to the lake to his knowledge. Egan stated Hanson owns the property on both sides of the road. Wolfe inquired whether the City has the right to sell the land or right-of-way. McDermott stated it is a platted road. Gappa stated it was platted to the public, so the City to his knowledge cannot sell it, but it would revert back to the adjoining property owners. PAGE 2 MINITTES OF THE CITY OF ORONO PARKS, OPEN SPACES AND TRAILS COMMISSION MEETING Mooday, March 4,2002 7:15 o*clock p.aii. Tom Egan, 360 Big bland, explained who owns what proper^ and the roads. Egan stated he was informed by the City before he purchased the property that he would not have a problem vacating the road, noting that a portion of his cabin u located widiin the right*of*way. Egan stated the cabin is also located within the 0-7S’ setback, which means that he would have to relocate the cabin should it ever need to be replaced. Egan stated he is attempting to clean up the title to his property. Wolfe stated he is in favor of vacating this piece of land. Halvorson stated she does not see the value of a trail in this particular location. Bouchard inquired what the City would lose if this portion of the right-of-way were vacated. McDermott noted the public right-of-way in this area is undeveloped. Silber stated the Park Commission has been against vacating right-of-ways where the vacation would prevent people from gaining access to the lake, noting this is not the case here. Gappa stated he also reviewed this application and did not see a problem with the vacation. Egan stated the property owners of Big bland do utilize the walking trails. Egan stated Qwest has toured the area, along with Gopher One. Qwest determined there are no utility lines currently within the road right-of-way. Egan stated to his knowledge other roads similar to this road have been vacated in the past. Wolfe moved, Bouchard seconded, to recommend approval of the vacation of a poition of Massasolt Avenue on Big Island. VOTE: Ayes 6, Nays 0. i»6) NAVARRE PARK McDermott inquired whether the drinking fountain has been delivered. Gappa stated the fountain has arrived. Meyers inquired who would be installing the fountain. Gappa stated City crew can install it, noting the water mains have already been run to this site. Halvorson inquired whether the MS donation would cover the full cost of the fountain. Gappa stated the cost of the fountain was S2,3S0, noting the MS Society donated $2,000. Wolfe recommended a photograph of the new water fountain be taken along with a special acknowledgement to the MS Society. McDermott inquired about the sidewalk along County Road 19. PAGE 3 April 3.2002 r City of Orono Paul Weinberger, Zonirg Administrator P.O. Box 66 Crystal Boy, MN b5323 - 0066 /.'Al 0 ^ vjr .0. .C) ride the II Qwest RE- Vacation of Public Right-of-Way City File # 02-2749 Dear Mr Weinberger Qwest Corporation has no existing facilities in Right-of-way shown os Mossosoit Avenue in letter dated 1-31-02. Qwest does not object to vocation of Right-of-woy at said addresses. Sincerely, Rick Jorgensen Senior Design Engineer (612) 531-63B5 9700 Schmidt Lake Road Room 344 Plymouth, Minnesota 55442 CC Tom Egon .,u. Mtatea REQUEST FOR COUNCIL ACTION DATE: February 22, 2002 ITEM NO.: 9 Department Approval: Name Paul Weinberger Title Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: Zoning District: List of Exhibits t#02-2749 Thomas Egan 350. 360 and 370 Big Island Right-of-Way Vacation Big Island - Recreational Seasonal District A Plat Map B Site Sur\ey C Comprehensive Plan Pgs. 3B-49 - 3B-53 (Big Island) D Planning Report (Februaiy 12, 2002) Application: Property owners have requested to vacate of a portion of platted “Massasoit Avenue ”. Massasoit Avenue is undeveloped right of way on Big Island originally dedicated on the p!at of Morse Island Park. Right of way has been used by the public for interior pedestrian access to parts of the lakeshore and. periodically, for vehicular traffic for transporting materi.'>is for home construction and septic installation. The right of way is also used by utility companies to provide electric and phone service to the Isiand properties. There are two houses either fully inside or partially inside the Massasoit Avenue right of way that is proposed for vacation. Attached Exhibit A is a survey document the indicates the location of the right of way and structures. The City notifies all public utilities of the vacation request since they reserve the i-ight to use public right of way for their facilities. Reliant Energy/Minnegasco and Xcel Energy have provided documentation to the City of Orono stating that they have no facilities in the right-of-way. Qwest, however, did notify the City that they do have existing facilities within the right of way and stated they respectfully decline the right of way vacation request. Please review the attached letter, dated February 6, 2002, and maps provided by Qwest. Qwest has since backed off their original request to not vacate and are working to locate lines and determine if lines are actually located within the right of way. If there are service lines within the right of way they are open to discussion with the property owners to relocate sendees or enter into private easement agreements, if possible. #02-2749 Thomas Egan 350,360 and 370 Big Island Pai|te 2 of 2 ____________________________________________________________________ Vacation of any public right of way shall not cause any lot to lose interior road access. Although most lots do abut the shoreline, use of the interior roadway system is primarily by owners of interior lots and by owners of lakeshore lots with shoreline slopes that prohibit lakeshorc access. The proposed vacation would not cause any lot to lose access to a public right of way. There are no public docks on the island. Not having a public docking area restricts use of the island to property owners and guests during the boating season. The Veteran’s Park and the boat club do attract non- homeowners to the island, however they are privately owned properties and are not generally open to the public. Vehicular access does occur during the winter months and is necessary for properties on occasion. The City has observed that overuse of the undeveloped roadw ays has created some erosion problems. The City does not w ant to encourage overuse of the island areas because of the maintenance issues and concern over trespass on private property. Trespassing docs occur as the ro.idways are not marked. According to information available to the City, property survey s and City topo maps, it does not appear any part of Massasoit Avenue or Metacomet Avenue have direct public access to the lakeshore. Flannine Commission Rccommcndation/Discussiop The PlanningCommission reviewed the proposal and noted there may be a public value to Massasoit Avenue as a potential trail. The cabins located w ithin the right of way restricts public pedestrian use of the corridor. The entire corridor is almost entirely w ithin 75' of the lakeshore. No buildings could replace the cabins u hen the time comes for the lots to redevelop. The cabins would have to be moved back on the property to meet all current setback requirements. To keep the interests of the public in mind, the PlanningCommission noted the right of way may serv e a future public use as island as a future trail corridor. Also noted was the potential for one or two public access points to the lakeshore. The survey indicates the existing right of way does not reach the Ordinary High Water Level (929.4') of Lake Minnetonka. Therefore there is no public lake access at the south end of the peninsula. I'he Planning Commission discussed the option of an e.xchange of land for the vacation to acquire enough property to provide public access to the lakeshore. Based on the potential use of the corridor as a public recreational trail, the Planning Commission felt they would like the Park Commission to review the proposal. The applicant stated he did not wish to have the Park Commission review and would prefer to discuss the proposal with the City Council. The Planning Commission voted 6-0 to recommend denial of the application. Planning Commission felt the public future use of the right of •..ay as a trail should be reviewed by the Park Commission before they make a recommendation. The Planning Commission did request the City Council consider forwarding this application, and all future applications for vacating public property , to the Park Commission for their review and recommendation. COUNCIL ACTION REQUESTED To discuss the application for vacation and to consider the PlanningCommission recommendation regarding the Park Commission’s role relating to public land vacation requests. • • CITY OF OROWO I • I I I I • I • I I I • I 'f jm.-mr \'ihjkvak^fhr4 I.i'ri m.y' IxM c^fa^TTrl" • ijyrmM«>. i ■ s > > .JW-.- '•a^r*.' CMP Part 3B. UiadUiePiMi LAKEMINNETONEA ISLANDS \smA on Big Island (including the east and west islands plus Mahpiyata Island) and Deering Island has been privately owned for many decades and has been used for a nignifitant numbn of seasonal cottages plus a few year- round homes. The islands also contain a substantial amount of public and private park land and recreation areas. BIG ISLAND History Big Island was first called Meeker's Island for Judge Bradley B. Meeker who settled there in 1852. W.B. Morse purchased it in 1854 and for many years thereafter it was known as Morse Island. In 1887 and 1888, two subdivisions to create small parcels were platted, Morse Island Park on the most southerly point, a nd Pleasant View on the west end. This resulted in the construction of a number of individual summer homes. During the early 1900’s, the Twin City streetcar lines operated Big Island Amusement Park on the east end of the island. The onset of World War I resulted in its dismantling. This 60-acre property eventually became the Big Island Veterans Camp, which is still in operation. Hennepin Parks acquired a 60-acrc pircel near the center of the island about 30 years ago, and since then acquired a few small adjacent parcels totaling an additional 10 acres as they became available and as funds permitted. This area has been designated by Hennepin Parks as the Dr. Arthur Allen Wildlife Refuge. By the early 1970’s, approximately 50 mostly seasonal cabins existed on private parcels on Big Island. In May 1972 the Orono Village Council declared via Resolution No. 446 that "the long range highest and best use of Big Island is for park purposes", acknowledging that the provision of public services to the island is uneconomical and and unlikely to occur in the future. It was suggested that the Hennepin County Park Reserve District should ad minister such a park. The 1980 Orono Comprehensive Plan noted the same concerns, and again encouraged eventual ownership by Hennepin Parks. However, the City declared it would not condemn private property for park purposes, and therefore in 1983 created the "RS" Recreational Seasonal Zoning District, providing development standards for continued private recreational/ residential use of the island until such time that the slow transition to a public park is complete. The RS Zoning District provides specific standards and limitations for permitted, conditional Mid acessory uses on the island, with a City of Oroao CoaiaiaBlIy MaaageaieBt PIbb Pafc3IM9 CMPPartSa LandUscPlaa strong encouragement toward recreational uses as opposed to full time residential uses which would require a greater level of services than the City can reasonably provide. As a result of more recent discussions with Hennepin Parks officials, the City Council has concluded that ultinute complete acquisition and ownership of Big Island by Hetuiepin Paries is unlikely to occur in the foreseeable fiihire. Heimepin Parks* current goals and policies do not include expansion of their existing Big Island holdings. Further, the expansion of Hennepin Paries holdings to incoqxHute adjacent lands that are developed with seasonal cabins may lead to more active park uses. While the current passive parie use as a wildlife preserve requires virtually no City services, expansion of the Park area to include lands which could be used for active public recreation would result in the need for a more active management of the Paric, and the need for more public services ^lich the City cannot provide. For that reason, Orono’s 2000-2020CMP goals and policies for Big Island reflect support for continuation of Hennepin Parks* current level of ownership and control of property on Big Island. Physical Features Big Island encompasses approximately 250 acres in area, of which approximately 50 acres is wetland. A imvigable chaimel achudly separates Big Island into two distinct islands. The shoreland ranges fiom flat, low wetland areas near the lake level to steep and often eroded bluffs extending as much as 30-40* above lake level. The topography is hilly. The highest point on the island is 988', nearly 60* above l^e level, located near the south end of Morse Island Park. Soils on Big Island ate mapped as Hayden loam and clay loam, typical of soils located in central and northern Orono. Beach sand soils occur in a number of flat, low areas near the shoreline. Except for scattered clearings to accommodate individual cabins or recreation areas, the island remains heavily vegetated with hardwood species typical of the "Big Woods”. Services Big Island is provided with only a minimal degree of municipal services. There is no municipal sewer or water on the island, hence the use of individual septic systems and wells is common. The island is provided with telephone service and electric power via lines from the mai^and. Police protection is minimally provided by the City of Orono and the Heimepin County Sheriff. Fire protection is proviM by the Long Lake Fire Department although response time is understandably poor due to the lack of roads or bridges connecting the island to the mainland, and access to die CUy of (hoBO CoBiBiMity Maaagcacat Pisa PagaSB^ O V: ^ ? /:^'^A * *.w . . . •» /V City Boundary I n Private Individual or Organization Ownership fSa Big Island Veterans Camp m Hennepin Parks - Dr. Arthur Allen Wildlife Refuge I—I Wetland Open Water I I Right-Of-Way ' *»’« •« Big Island City of Orono Minnesota •f I ■ni**WtnSM lWtedi|!tm_L™ iiiiiSUk* >-V.iK;=TV&ii4^ 4<nH c ■| mmi^m. liM mt-yrm^-r'— A 1000 F«it MAP3B-9 CMPPartSB. LaadUsePUui island makes firefighting extremely difiBculL Other services such as street repair, snow removal, inflections, and regular garbage removal are difficult, uneconomical and in some instances virtually impossible to provide to residential properly located on the island. Access There are no imixoved roads on Big Island. A limited system of roadways and alleys was platted more than a century ago in the Morse Island Park and Pleasantview subdivisions, which prirtuuily created narrow lakeshore lots but also resulted in a small number of inland lots not abutting the lakeshore and needing access to the lake. These platted corridors exist today as walking trails \^ch on occasion are used for vehicular access. Since most lots do abut the shoreline, use of the interior roadway frstem has been primarily by the owners of interior lots, and by owners of lakeshore lots with shoreline slopes that prohibit direct lake access. Vehicular access is necessary for nearly all island properties on occasion, hence the interior roadways are an important transportation element for Big Island. Overuse of the road system by residents or the general public is of concern, since the roads are not improved. Erosion and trespass are two main issues, because the roadways are not marked and they often traverse steep slopes, especially where lanes extend to the lakeshore. Big Island laauei By virtue of its unique geographic aspects. Big Island presents a number of issues that the City must addr^ on an ongoing basis: 1.Use and maintenance of interior road system; access to inland properties; overuse by vehicles 2.Public use of interior road system, trespass on private property 3.Prcuure to accommodate more year-round residential uses, with concurrent expectation of greater services 4.Uncontrolled recreational use of adjacent bays for partying 5. Provisioiu for safety and emergency services 6.Bluff and shoreline erosion City of Orooo Ceamualty Msaatcaiait Pisa Pate3B41 CMPr>rt3& Laad Use Plan Bif hland Goab aad Polieica Goab: 1.The City will cnconrase Hennepin Parks to continne its eiisting level of control and ownership of Its land on Big bland. Orono does not have the capability of providing public services and facilities to residents on the islands. The existing balance between private and public ownership of properties on Big Island is reasonable. The City encourages continued use of the Hennepin Parks properties on Big Island as a passive recreational resource for general lake users. Orono will not encourage condemnation or forced conversion of private residential properties on Big Island to public land. The City has adopted ordinances which allow continued individual private recreational use of the Island wdiile prohibiting excessive development. Orono will assist Hennepin Parks in continuing its current level of management of its property on Big Island. 2.Continue to allow seasonal recreational land uses and limits raidcntial uses on Big bland. Such use must be subject to strict enforcement of all performance standards and the explicit understanding that the City will never be able to provide even basic public services. 3. Maintain the natural, seasonal recreational character of the island. 4. Provide at least a minimum level of emergency access to the isbnd. 5. Avoid or minimize future problems on the bland in rebtion to sanitation, safety, fire protection, erosion, etc. Policies: 1.Exbting RS Dbtrict controb on devebpment and bnd use will be strictly enforced, and reinforced where necessary, to avoid potential problems related to sanitation, public safety and security, fire protection, etc. 2.The City will encourage private landowners of bland properties to protect their shorelines from ermion. Natural rock rip-rap and other natural methods will be encouraged. Development of retaining wall systems in the lakeshore area will be discouraged. city of OroBo Coasianlty Msasccsical PtsB Plfc3B-S2 o u I I ) CMTPafOa LurillMFlu •'■'I .• • f Tke City win define ipedflc apimnred neccn for ^.Mifldnal infauid Record LoliiMd'ivfll cetobliik poUdei and oidiaaacce rcgnlotiag vAknIar nee of file ■ndcveloped . roadw^ya. Use ofthe undeveloped platted loadw^ for vdikular travel wUl be limited to the exkai neoeasaiy to protect private ‘jfiropeity as well as to cuftaO and preyent iKril crorion, tree damage, '>cte. Tree removal wifiiin platted ri^hts^f-way diall be by pennh onty. Nopbttndfight-of-wayriudlbepavedexoqddiattfieCityniay in^rove or qiecifically pei^t improvement of access . tocatioos in order to mafai^ suitable access and limit environmental damage. The City mic'dose to vdiicular use certain platt ed roadwqra if it is detennined fiiat continued use will cause environmental hann 4.bland lakcsliore wiD be maintained in a natural state. Tree removalnear the lalcesfaore shall be as strictly icgulrted as it is in all lakeshore areas of the City. Doering bland Deering Island is a small (approximately 4*5 acres) privately owned island in West Ann Bay, constituting a single tax parcel and having a ringlc owner, hbity of the same issues, goab and pdicies pertaining to Big Island cany over to Deering bland. Complete Date: 60 Day Deadliae: 2/5/02 4/6412 TO:Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Paul Weinberger, Zoning Administrator DATE:February 12,2002 SUBJECT: l#02-2749 Thomas P. Egan, on behalf of all property owners 3 SO, 360 and 370 Big Island Vacation of a portion of a dedicated Right-of-Way Zoning District:RS * Seasonal Recreational District List of Eibibits: A B C D E F Application Plat M«p Survey Qwest Comments Reliant Energy/Minnegasco Property Owners Notification List Property Owners 350 Big Island 360 Big Island 370 Big Island Gary and Cynthia Craswell Thomas and Cheryl Egan Lowell and Gwendolyn Larson Application: Property owners have requested to vacate of a portion of platted “Massasoit Avenue”. Massasoit Avenue is undeveloped right of way on Big Island originally dedicated on the plat of Morse Island Park. Right of w ay has been used by Big Island residents and guests for interior pedestrian access to parts of the lakeshore and, periodically, for vehicular traffic for transporting materials for home construction and septic installation. The right of way is also used by utility companies for electric and phone service to the Island properties. There are two houses either fully inside or partially inside the Massasoit Avenue right of way that is proposed for vacation. Attached Exhibit C is a survey document the indicates the location of the right of way and structures. The City notifies all public utilities of the vacation request since they reserve the right to use public right of way for their facilities. Reliant Energy/Minnegasco responded that they have no facilities in the right-of-way. Qwest did notify the City that they do have existing facilities within the right of way and stated they respectfully decline the right of way vacation request. Please review the attached letter, dated February 6,2002, and maps provided by Qwest. «02-2749TIwausP.E|in 350,360 and 370 Big bland Febfuary 13,2002 Page 1 of 2 1 J Lake and Interior Land Access Individual access to public right of way is necessary to Big Island properties. The vacation of the right of way does not eliminate public access to each lot because each lot has access to the lakeshore and access to other right of way. The plat map shows each of the lots adjacent to other public land. Access to public right of way for other lots on the island would not change. According to information available to the City, property surveys and City topo maps, it does not appear any part of Massasoit Avenue or Metacomet Avenue have direct public access to the lakeshore. Staff Recommendation The property owners have the opportunity to negociate with Qwest to allow Qwest to use and access their facilities. Staff cannot support vacation of the Massasoit Avenue until Qwest and the property owners reach an agreement on how to allow continued access to the telephone facilities. This could be done by the property owners granting a public utility and access easement along the utility lines, or provide a private easement for Qwest for the service lines. The second option would be to have utilities relocated out of Massasoit Avenue. Either option would require all property owners and Qwest agreeing on a solution. Final approval of a vacation could be considered by the City only after resolution of the issue. Staff recommends the application be tabled until the issue with Qwest is resolved. Any future redevelopment of the properties would require new structures to have a m inimum setback of 75' to the lakeshore. The survey indicates nearly all of Massasoit Avenue, proposed for vacation, is located within 75' of the lakeshore. Vacating the right of way will not allow ftirther development on those portions of the property. Public Hearing Required Staff did notice the hearing for the vacation request, for the February 19, 2002 meeting of the Planning Commission. Notices were also mailed to all property owners within 350’ of the property. Staff requests the Planning Commission open a public hearing for public comment. If the request is tabled the hearing will be continued to a future meeting. PLANNING COMMISSION OPTIONS FOR ACTION 1. Approve 2. Table 3. Deny, stating reasons 4. Other Action *02-2749 Thonwt P. Egan 350,360 and 370 Big bland Fcbnivy 13,2002 Patc2of2 • id -rfrr ^tltiTia^nr iTi—mrfT f .*• r<s • • Application# 0Z-27VJ Date Rctdvcd Amouot Faid CITY OF ORONO • GENERAL LAND USE APPUCATION PROPERTY LOCATION She Address 3S‘0, 3g O ^ 370 Type of Application to be Filed Property Identification Number (P.IO.) APPLICANT Name O a 00 Address /40f- hklArt't^f^ ^.v«/e. Phone (home ) 7/ ______ Phone (work ) f/f CitVVt/«ry> _______Zip S2f~J ^ / OWNER Of different than applicant) Name_____________________ Phone (home). Phone (work). Address City Zip, Date Pro I (do) ( Acquired ^iA m.rc,k / 7 (month/year) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - _____$ 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 _____$300.00 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/PED • see Fee Schedule $150.00 Renewal Fee (no change from ori^nal application) _ Afrer*the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS $250.00 CgnuMTci^ Site Plan Review (+ consultant fees) $300.00 Vaca^on ^ , $200.00 Easement Vacation _ $100.00 Easement Vacation With Subdivision ] $350.00 Rezoning (PUD - refer to fee schedule) _ $350.00 Comprehensive Plan Amendment _ $100.00 Appeals Other - see Fee Schedule #2749 5. 6. 7. REQUIRED SUBMITTALS ____Completed Application Fonn. 2-. ____ Describe request in detail. ^ ^ f!*™" **“" '•’»'* “*• pi« “V (you A.003. OovJu^ 34M2?ir "'™'“ ^ ^ ^ *0 h“<*o«t for survey ------Attach leg^ description to appUcation if not included on required survey — dS S”" ------List of the le^ names Cmclude marital status) of all persons with an interest in ft the property. Th“ would include name(s) of appUcant(s) if not current ownerfs)!• — Copstruction plan, if appUcable (see staff for requirements) ' ' 9. As, an addendum to this appUcation, please attach a separate Ust of any other persons you wish notified of this epplicetion. rm documents or copy SraM?S?n ./ " P" SMALLER) FOR ALL DOCUMENTSSraa^ED. (Strfr <nU requ« to sede drawuig, of all documents, plans, etc. to be The ApplicMt and Ptopeity Owner must sign this applicaUon. Please remember that vour apphcation is not complete if the above infonnation has not been included. C^catiOT by Clerical Department that Land Use AppUcation U complete Initials of Clerical Staff____________________^ APPLICANT’S SIGNATURE The applicant hereby agrees to provide all infonnation required or requested by the Admnistrator, agrees to pay additional fees (staff time not covered by original fee payment) ^0 of this applicaUon, and certifies Z the inforZtionsupphed IS true and correcMo the best of his/her knowledge. w»in«uiun Applicant’s signature -----Date OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this appUcation and further authorized T consultants.^^ients. commission memb“Council members for purposes of investigation and verification of this request. Owner’s signature Date AppUcant must have aU submittals into the City offices 25 davs befoK ih- PUnnJm. ____• • Planning Commission Meetings are held on the ^ Mwdw of ^ Conu^on Meeting, scheduled review meetings of the Planning u **eduled meeting, please make trran^u VETi Jf u unable to a^ a Building A Zoning Office of this change prior to the »«—«tng ^ *** ***** sdvise the f / • •* *»* .-1 z- ha • * AA I a . J / 1 • v.-c. 4/1 Ul(cr o o CITY OF ORONO III V — - ride r.; 0 *r-Qwest February 6,2002 ^(11 wi* ViSOt'iO Paul Weinberger. Zoning Administrator City of Orono P.O. Box 66 Crystal Bay. AAN 55323 > 0066 RE: Vacation of Public Right-of-way City File # 02-2749 Dear /W* Weinberger Qwest Corporation has existing facilities in Right-of-way shown os Mossosoit Avenue in letter dated 1-31-02. We must respectfully decline the Right-of- way vacation request. Sincerely. Rick Jorgensen Senior Design Engineer (763)531-6385 9700 Schmidt Lake Road Room 344 Plymouth. Minnesoto 55442 .ONnOCNTUl OitclOM 8i*d OiMriM* Sol*V •* Omttt C>npkijtti Having o N»«d lo Kno« a>i«Ud t» tick Jor^nn^ ol 0?:M on Q6/riB/?00? trom tt.> tondbof in mu C»nl«f IW^TMtWM ««& AlUU i%0 A^A|^ City FUe #02-2749 Reliant Energy Attn: Steve Von Bargen Real Estate Specialist 700 West Linden Avenue Minneapolis. MN SS440-116S Mediacom 1504 2** Street S.E. Waseca, MN S6093 Xcel Energy Attn: Sharon M. Price Siting and Land Rights 414 Nicollet Mall Minneapolis. MN SS40M993 Qwest 9700 Schmidt Lake Road Plymouth. MN 55442 0 7 Veriion/GTE Telephone Operations 2378 Wilshire Blvd. Mound. MN 5S364 Wright Hennepin Electric Company P.O. Box 330 Rockford. MN 55373 City of Orono Attn: Greg Gappa, Public Services Director P.O. Box 66 Crystal Bay, MN 55323-0066 Date:January 31,2002 Applicant:Thomas Egan 1408 Holdridge Circle Wayrata, MN 55391 952-476-8376 Request:The City of Orono has received a request by the owners of properties located at 350,360 and 370 Big Island to vacate a potion of undeveloped platted right-of-way. The right-of-way was dedicated, and shown as “Massasoit Avenue” on the original plat of Morse Island Park. Purpose:The right-of-way on Big Island in undeveloped, but is open to allow property owners interior island access. The property owners primary reason to vacate the roads is that the individual houses are partlyor fully within the public right of way. See attached Certificate of Survey. Comments: Any comments should be received by the City of Orono by February 18, 2002. A public hearing to consider the vacation request is scheduled for Tuesday, February 19.2002. Comments should be mailed or faxed to; Paul Weinberger, Zoning Administrator City of Orono P.O. Box 66 Crystal Bay. Minnesota 55323-0066 phone: 952-249-4600 fax: 952-249-4616 Reliant Energy Minnegasco has no facilities within the above-described area and has no objection to its vacation. Thank you for the advance notice. Steven VOn Bargen V Right-Of-Way Administrator Reliant Biergy Minnegasco • I * ^ K I N RUN RATE 11/14/11 Hennepin county property inforhation systen PROPERTY OUNERS LIST RATCN 512 REPORT NO. PAOE PX4SS4R1 4 PROP AODR OHNCR NANC TAXPAYER NANE/AODR SO 25-117-2S 92 MRS •i94R RIO ISLAND RICHARD 0 HANSON NARILVN t ATHAN 429 LAKE ST E HAYZATA NN 5S991 38 29-117-29 92 8895 88948 RIO ISLAND RICHARD 0 HANSON NARILYN LATHAN 429 LAKE ST E HAYZATA HN SS941 38 29-117-29 92 8897 88978 RIO ISLAND OHENOOLYN S LARSON ETAL CHENOOLYN S LARSON 4588 JANES AVE S RICHFIELD HN 55429 L^rs%r\ PROP ADDR OHNER NANE TAXPAYER NANE/ADDR 98 29-117-29 92 8894 88958 RIO ISLAND G H CRASHELL 8 C D CRASHELL CARY H 8 CYNTHIA D CRASHELL 9451 CALLE QUATRO H GREiN VALLEY AZ 05414 38 23-117-29 32 8848 88948 RIG ISLAND RICHARD G HANSON RICHARD 0 HANSON 378 UNIVERSITY AVE H ST PAUL NN 55189 38 29-117-23 32 8844 88918 RIG ISLAND NANCY LEE FARNES NANCY LEE FARNES 2718 F0X6ATE DR NINNETONKA NN 55985 OHNCR NANC TAXPAYER NAItt/ADOR 98 29-117-28 92 8847 88918 RIG ISLAND NANCY LEE FARNES NANCY LEE FARNES 2718 FOXOATE DR NINNETONKA NN 55385 98 29-117-29 32 8844 88318 RIG ISLAND NANCY LEE FARNES NANCY LEE FARNES 2718 FOXGATE DR NINNETONKA NN 55385 38 29-117-23 92 8855 80488 RIG ISLAND NANCY L GRANRUD ETAL ROOERT C GRANRUD 1884 COLVIN AVE ST PAUL NN 55114 PROP ADDR OHNER NANC TAXPAYER NANC/ADOR 38 29-117-29 92 8857 88948 RIG ISLAND RORERT H RAILEY ETAL RORCRT H RAILEY 2788 HILLDALC AVE NC ST ANTHONY NN 55418 38 23-117-23 32 8858 88988 RIG ISLAND KATHERINE SCRIVER ETAL JEANNETTE S RURCN ROX 1 CANNON FALLS NN 55884 38 23-117-29 9? 8848 80948 RIG ISLAND T P EGAN I C A EGAN THONAS P EGAN/CHERYL A EGAN 1408 HOLDRIDGE CXR HAYZATA NN 55341 PROP ADDR OHNER NANC TAXPAYER NANE/AODR 98 23-117-29 92 8041 88928 RIG ISLAND JOHN S DEAN JOHN S DEAN RS7 N 49RD ST HAUHATOSA HI 59219 98 29-117-29 92 8843 88428 RIG ISLAND N R FRUEN A R H FRUEN NICHAEL FRUEN 4411 13TH AVE N HPLS NN 55441 38 29-117-29 32 8845 88418 RIG ISLAND RICHARD H FRUEN ET AL GREGORY R 0*C0NN0R 1425 RATH ST H UPPER INVER GROVE HEIGHTS NN 55877 PROP AODR OHNCR NANE TAXPAYER NANE/ADDR 98 29-117-29 92 8844 88998 RIG ISLAND JOHN ALLEN CIOEN JOHN ALLEN CIDEN P 0 ROX 24 998 RIO ISLAND EXCELSIOR NN 55991 98 29-117-29 92 8847 88498 RIG ISLAND ELIZARETH ANN RRENNAN TINOTHY C LOVETT 12488 NARION LN H 83984 NINNETONKA NN 55985 98 29-117-29 92 8871 88448 RIG ISLAND H L I P A THORKCLSON H L 8 P A THORKCLSON 7488 GOLDEN VALLEY RO 8284 GOLDEN VALLEY NN 55427 I Hi /'/ ' / Complete Dale: 60 Day Deadliae: 4/1/02 5/30/02 MIsETING APR 2 2 2002 REQUEST FOR COUNCIL ACTION CiiY or UHO n O DATE: April 17,2002 ITEM NO.: Departmeat Approval: Name Paul Weinberger Title Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description:#02-2762 Timothy and Mary Sweezo 4480 Watertown Road Variances Zoning District:RR-IA • Single Family Rural Residential District List of Exhibits A Resolution B Site Plan C Planning Report (April 9,2002) Application The property owners have requested several variances to permit construction of a new 3 bedroom house with an attached 2 stall garage. The new house would replace the existing house on the property. Hennepin County tax records estimate a construction date for the existing house to be 1900. The location for the new house would be where the existing house is located. The applicants have lived at the property since the 1970s, and have used the property as a single­ family hobby farm throughout their ownership. The property is located in the RR-I A zoning district requiring a minimum lot size of 5 acres, a front setback of 100' and a side setback of SO’. The proposed building requires several variances. A review of each variance is listed below: 1.Section 10.27, Subdivision SB - Required lot area = S acres Actual lot area = + 1.44 acres 2.Section 10.27, Subdivision SB • Required side setback SO’ Proposed setback = 42.27' 3.Section 10.27, Subdivision SB • Required front setback = 100 ’ Proposed setback = S3.6’ 4.Section 10.03, Subdivision 9 • To permit all accessory buildings to remain on the property absent a principal building. /1/02-2762 Timothy and Mary Sweczo 4480 Watertown Road Pa^e 2 of 3 ___________________ Planniae Commissioa Discusaion/Recommendation The variance application was recommended for approval by a vote of 4 to 3. The Planning Commission reviewed the existing site conditions that would impact the location of the new house. The house is proposed to be located at the same setbacks to the front and west side property lines as currently met by the existing house. Those voting in favor of the application noted the following findings in relation to unique conditions on the property: I. 4. 5. 6. 7. The property has been used for single-family residential use since approximately 1900. The property also has a recently installed (1998) septic system and has demonstrated a future septic site for the size of house that is proposed on the property. The preferred alternative would be to build a new house conforming to required setbacks. However due to a number of property acquisitions by Hennepin County to allow improvements and realignment of County Road 6 the size of the property has been reduced. The most recent acquisition in 1998 has also reduced the front yard setback for the existing house. A large wetland area on the property has reduced the overall lot area from 4.0 acres to a dry buildable area of less than I.S acres. The property is located in the RR-IA district requiring a minimum lot size of S.O acres and also applies setback standards for lots assuming a lot area of 5.0 acres. The required setbacks in the district arc 100 ’ front and rear yard and 50 ’ for a side yard. This building area of this property has further been reduced by the 26 ’ required setback to the wetland. The proposed house would be built meeting the setbacks currently met by the existing house. 1'he location of the septic drainfield site 20 ’ from the north end of the house and the well at the southeast end of the house restricts any possible movement of the building based on the design of the house submitted by the applicants. Accessory buildings are required to be removed from a property when a principal building is removed. The property contains a bam that is approximately 115 years old and a pole bam (garage/workshop) that are classified as oversized accessory buildings. The variances are justified by the fact the buildings were built on the property prior to existing zoning regulations, and the bam did meet the minimum required setbacks prior to the most recent acquisition of property to expand the County Highway. The granting of variances to permit accessory buildings to remain on the property does not change the status of the buildings as legal non-conforming structures. They are allowed to remain on the property until such time they have reached the end of their useful life. The Orono Zoning Ordinance addresses improvements allowed to non- conforming structures. Such stmctural repairs shall not exceed 50% of their assessed value at the time they became non-conforming. The buildings are allowed only general cosmetic repair. 1 #02-2762 Timothy and Mary Sweezo 4480 Watertown Road Paee 3 of 3 _________________ Tlx* T>roperty has been used as hobby farm for many years. Currently, the property has 2 V 1 several chickens. At such time the property is no lon^r used as a hobby farm - ' < ' all cease and the property shall be in conformance with the provisions of the linance. The existing use is legal non-conforming since the property is not largv >.« gh to harbor animals. 9.Allowing the house to be located as proposed in the plan would not change the character of the property or locality. A mature wooded area is located between the house and County Road 6. Moving the house to the center of the property would expose the house to County Road 6. It was the minority position of the Planning Commission to consider alternatives to the plan. Several members of the Planning Commission commented there is concern with the prec^ent that may be set by approving variances to permit the accessory buildings to remain on the property. The location of the house was also discussed and several members agreed that all possible opportunities for locating the house within required setbacks may not have been considered since there is a suitable building envelope on the property. The Planning Commission did note this is new construction and current zoning requirements should be fully considered when reviewing this application. Staff Recommendation Staff recommends approval of the application based on the same findings and recommendations made by the Planning Commission. i A RESOLUTION APPROVING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.27, SUBDIVISION 5(B) AND SECTION 10.03, SUBDIVISION 9 FILE NO. 02-2762 WHEREAS. Timothy Sweezo and Maiy Swcezo, (hereinafter "the applicants") are owners of the property located at 4480 Watertown Road within the City of Orono (hereinafter "the City") and legally described as follows: Exhibit “A” attached, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied for variances to Municipal Zoning Code Section 10.27, Subdivision 5 (B) to permit a new house to be constructed on the property with a defined lot area of 1.44 acres where S acres is required in the zoning district, to permit a side setback of 42.27’ where 50 ’ is required, and to permit a front setback of 53.6’ where 100’ is required; and to Section 10.03, Subdivision 9 to permit accessory buildings to remain on the property absent a principal building; 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 April 15,2002, 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 #02-2762. 2.The property is located in the RR-1 A, Single Family Lakeshore Residential Zoning District where 5 acres is the minimum lot size. 3.The Planning Commission reviewed the application for variances and recommended approval by a vote of 4 to 3 based on the following findings and hardships: Page i of a iiMll B C. D. li. F. G. The property has been used for single-family residential use since approximately 1900. The property also has a recently installed (1998) septic system and has demonstrated a future septic site for the size of house that is proposed on the property. The preferred alternative would be to build a new house conforming to required setbacks. However due to a number of property acquisitions by Hennepin County to allow improvements and realignment of County Road 6 the size of the property has been reduced. The most recent acquisition in 1998 has also reduced the front yard setback for the existing house. A large wetland area on the property has reduced the overall lot area from 4.0 acres to a dry buildable area of less than 1.5 acres. The property is located in the RR-1A district requiring a minimum lot size of 5.0 acres and also applies setback standards for lots assuming a lot area of 5.0 acres. The required setbacks in the district are 100 ’ front and rear yard and 50 ’ for a side yard. This building area of this property has further been reduced by the 26 ’ required setback to the wetland. The proposed house would be built meeting the setbacks currently met by the existing house. The location of the septic drainfield site 20 ’ from the north end of the house and the well at the southeast end of the house restricts any possible movement of the building based on the design of the house submitted by the applicants. Accessory buildings are required to be removed from a property when a principal building is removed. The property contains a bam that is approximately 115 years old and a pole bam (garage/workshop) that are classified as oversized accessory buildings. The variances are justified by the fact the buildings were built on the property prior to existing zoning regulations, and the bam did meet the minimum required setbacks prior to the most recent acquisition of property to expand the County Highway. The granting of variances to permit accessory buildings to remain on the property does not change the status of the buildings as legal non-conforming stmetures. They are allowed to remain on the property until such time they have reached the end of their useful life. The Orono Zoning Ordinance addresses improvements allowed to non-conforming structures. Such Page 2 of a ■in .• •nutr.w'-.'atM — 4. 5. structural rq>airs shall not exceed 50% of their assessed value at the time they became non-conforming. The buildings are allowed only general cosmetic repair. H.The property has been used as hobby farm for many years. Currently, the property has 2 cows and several chickens. At such time the property is no longer used as a hobby farm such use shall cease and use of the property shall be in conformance with the provisions of the zoning ordinance. The existing use is legal non-conforming since the property is not large enough to harbor animals. Allowing the house to be located as proposed in the plan would not change the character of the property or locality. A mature wooded area is located between the house and County Road 6. Moving the house to the center of the property would expose the house to County Road 6. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances will not adversely affect traffic conditions, light, air, nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed 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 10.27, Subdivision 5 (B) to permit a new house to be constructed on the property with a defined lot area of 1.44 acres where 5 acres is required in the zoning district, to permit a side setback of42.27’ where 50' is required, and to permit a front setback of 53.6 ’ where 100’ is required; and a variance to Section 10.03, Subdivision 9 to permit accessory buildings to remain on the property absent a principal building subject to the following conditions: Page 3 of 8 .<P^. .... 1. 2. 3. 4. 5. The property shall be developed in conformance with the site plan attached to this Resolution as Exhibit B. The granting of variances to pennit accessory buildings to remain on the property does not change the status of the buildings as legel non-conforming structures. They are allowed to remain on the property until such time they have reached the end of their useful life. The Orono String Ordinance only permits improvements to non- conforming structures when such improvements do not exceed 50% of the assessed value at the time they became non-conforming. The buildings are allowed only general cosmetic repair. 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 (April 22,2003). 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 22nd day of April, 2002. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Applicants Page 4 of e STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 22nd day of April, 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/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 8 STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of .20 personally appeared before me, who is perst^ly 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 Exhibit A LEOAL PESCtyTI^ half of the Northwest quarter of Section 31, T ”15*^/“™. ? wrofX 5‘ ¥"* North ofth.Township 118, a^ribed as follows: Commencing centerline of County Road No. 6, and ________oir.no th^ Fast line of sail there ending. Page 7 of a [ii^'trii-iriT-rmiri'a<-~mi-ii 1^1 7 iiiia ii h^raMi ir niifciilllaifkrifiri-rt n la^^lnrr.r .(ihii a'.ieHiA&tfa^WW.’VkftihhrffMp'-fr rt »H»»wi>e^t <-e<-*« ^ WmI *» of ^ WKof Eoot tWt. HW 1/4* Sofc Sr^ S QOWOO" E 562J0 • tnSTM • • MXW \ • S€FIC •* S STSKM I Coot Sno of Eoot fWf. NW 1/4. SocUen SI-118-23 lWl2 ifttfn*g 1 /a!^ 288.93 North Kno of SE 1/4. NW 1/4, Sec. 31-118-23 .....ss'-' % % • H TO:Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Paul Weinberger, Zoning Administrator DATE:April 9.2002 SUBJECT:#02*2762 Timothy and Mary Sweezo 4480 Watertown Road Variances Lot Area:174,629 s.f. (4.0 acres) Appx. 63,000 s.f. (1.44 acres) excluding wetland Required Lot Area: S.O acres List of Exhibits: A B C D E F G H I Application Plat Map Survey/Site Plan Building Elevations Floor Plans Site Topography Site Photos Memo - Matt Bohemian, On-Site Systems Manager Property Owners Notification List Application The property owners have requested several variances to permit construction of a new 3 bedroom house with an attached 2 stall garage. The new house would replace the existing house on the property. Hennepin County tax records estimate a construction date for the existing house to be 1900. The location for the new house would be where the existing house is located. The applicants have lived at the property since the 1970s, and have used the property as a single-family hobby farm throughout their ownership. The property is located in the RR-1A zoning district requiring a minimum lot size of S acres, a front setback of 100’ and a side setback of SO’. The proposed building requires several variances. A review of each variance is listed below: 1. Section 10.27, Subdivision SB -Required lot area = S acres Actual lot area = + 1.44 acres 2. Section 10.27, Subdivision SB •Required side setback = SO’ Proposed setback = 42.27’ 3. Section 10.27, Subdivision SB •Required front setback = 100’ Proposed setback « S3.6’ 111 illUhl 4. Section 10.03, Subdivision 9 -To permit all accessory buildings to remain on the property absent a principal building. Accessory Building Inventory Bam 1,072 s.f. Garage 1,378 s.f. Shed 1 87 s.f Shed 2 105 s.f Shed 3 148 s.f The applicants have chosen the proposed location for the existing house based on the existing driveway arrangement, location of buildings on the property and septic drainfield sites. The property is located along County Road 6. In 1998, a portion of south part of the property was acquired for improvemen** to the Road. The area acquired is shown on the survey as document no. 7616078. The front property line is now defined as the north portion of the easement. The new house is proposed to be located meeting the same setback as the existing house. Both measuring 53.6’ to the “new” front property line where 100’ is required in the zoning district. Site Layout The site plan indicates the building envelope on the property that could be used for construction of the new house. The property owners have stated they do not want to remove the existing accessory buildings that have been on the property. They also would like to utilize the existing driveway location for the house, garage and bam. Staff has reviewed options for shifting the new house to the north. That becomes a problem due to the septic tanks and drainfield located north of the house. Structures are required to be located 20’ to the drainfield site. The drainfield was installed in 1998 and was designed for a three-bedroom house. Shifting the house to the north to meet a greater front setback is not possible due to the drainfield location only 20’ from the house. The front setback becomes a question whether the location and driveway access to the existing detached garage is a sufficient hardship to require the new house to be located to the west. The zoning code would suggest the preferred option for the house location would be to turn the house to meet the 100’ front setback and 50 ’ side setback. Again, this option would eliminate the driveway- access to the existing detached garage. The proposed house location does require a variance to the required side setback. The house is proposed to meet the same setback as the existing house, 43.6’ to the west property line where 50 ’ is required. The actual setback would be measured to the chimney which protrudes 1.33’ from the building. The actual setback is proposed to be 42.27’. The well location requires the house to be shifted to the west into the setback. The site plan shows the well located off the south and east side of the house. Relocating the house to meet the minimum front and side setbacks would move the building to a clearing in the property away from a large group of trees that provide screening between the stnicture and the roadway. The attached property photos show the screening that is provided to the existine house. ■ TtTn» STATEMENT OF HARDSHIP The applicant should also be asked for their testimony regarding this issue. The Zoning Code lists the following criteria for determining hardship on a property. Below each is some discussion regarding the topic for consideration of hardship. Criteria for Determining Undue Hardship 1. 2. 4. 5. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The property is being put to a reasonable use because it contains a single family residence. The plight of the landowner is due to circumstances unique to his property not created by the landowner. There are several issues unique to the property regarding the lot area. The property was created well before the existing zoning ordinance was adopted. The actual property was greater than 5 acres in area (including wetlands) when the property was created Much of the south portion of the property was acquired for improvements to County Road 6 substantially reducing the lot area. The side and rear setback variances are required based on the location of an existing detached garage that is proposed to remain on the property. The garage and driveway access to the budding would be blocked by the new house if the new house were constructed to meet all cut rent setback standards. A large group of trees are located between the existing house and roadway. Relocating the house would expose the building to County Road 6. 3. The variance, if granted, will not alter the essential character of the locality. The variance would not change the character ofthe locality. The development pattern ofthe lot is in character with the general development pattern of the lot as it e.xists. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this chapter. Economic factors are not a consideration. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight ^ solar energy systems. Solar access is not a consideration. 6. 7. 8. 9. 10. 11. The Board of Appeals and Adjustments or the Council may not permit as a variance for any use that is not permitted under this Chapter for the property in the zcnv where the affected person's land is located. The use of the properly would remain residential, which is a permitted use in the zoning district. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. The applicant will not be changing the dwelling status of the property. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The property has a large wetland area that restricts any development over the east two- thirds of the property. The location of the well and septic sites restricts the new house location to where it is today. Any requirement to move the proposed house within the setbacks would require a blocked access to the garage. An approval to permit the accessory buildings to remain on the property would essentially require the house to be located where the existing house is located. The front yard setback has changed with the land acquisition for the County Road. The conditions do not apply generally to other land or structures in the district in which said land is located. The property is the only lot of its general size in the locality. The neighboring house to the west is located northwest of the applicant's property approximately 250 'from the applicants house. A new house replacing the old house would not change how the property effects neighboring properties. The existing building locations, septic sites, well, w etland, driveway, and accessory building locations have required the property owners to request variances. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The property owners would like to improve the property by constructing a new house to replace a house built in approximately 1 00 years ago. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. There is no apparent effect to the public health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. The proposed development is consistent with the intended rural character of the district. 1...iifii -rirTi—I— 12.The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. The lot area variance is consistent with approvcds granted by the City in the past. The proposed redevelopment of the property is being done on a property with a conforming septic system and has demonstrated a suitable alternate septic site for the size of house proposed. The question is whether the keeping of all accessory buildings is a hardship since the buildings as on the property mostly could not be built where they are today, and of the current size under existing standards. The buildings on the site are considered legal non-conforming because they were constructed prior to the adoption of the current zoning ordinance. The use of the property and barn for animals is a legal non-conforming use. The property would not be allowedfor animals because the lot does not have suitable acreage for cattle. Properties are required to have a minimum acreage of 3 acres (one acre for the house and septic, and two acres of available pasture land for each animal unit, one additional acre is required for each additional animal). This property is less than two acres in lot area once the wetland area is deducted. The property owners request continued use of the property for as it us currently used. Any variance approval for the accessory buildings to remain would not approve variances for their respective location. The buildings would remain le^al non-conforming and would be required to be removed once they have reached the end of their useful life. The use of the property for animals would also remain provided the number of animals does not increase an^or does not cease. Issues for Discussion 1. 2. 3. Are there hardships to justify variances to permit the proposed house in the location as requested, and to permit the accessory buildings to remain? The property will continue to be used for the keeping of animals. If the accessory buildings are not allowed to remain it would effect the ability to allow continued use for animals. If the accessory buildings are allowed to remain on the property shall the buildings only be allowed to remain as legal non-conforming structures? The buildings then would be allowed to remain until they are no longer useful. Staff Recommendation Staff recommends approval of the variance for lot area to permit construction of a new residence on the property. The property has been used for single-family residential use since approximately 1900. The property also has a recently installed (1998) septic system and has demonstrated a future septic site for the size of house that is proposed on the property. Staff is comfortable with the proposed location of the house it respect to its’ impact on adjacent properties. The preferred alternative would be to build a new house conforming in location. Allowing the house to be located as proposed in the plan would not change the character of the property or locality. A mature wooded area is located between the house and County Road 6. s Moving the house to the center of the property would expose the house to County Road 6. Staff does recommend approval of variances that would allow the accessory buildings on the property until such time they have reached the end of their useful life. The recommendation iiKludes the understanding the buildings would not be allowed to expand or have any structural modifications. The primary reasoning is there are two oversized accessory buildings where lots are only permitted one. Oversized buildings are also required to meet all principal building setbacks. Planning Commission Options for Action 1. To approve. 2. To deny. 3. Table. 4. Other Action. 1 CITY OF ORONO - VARIANCE APPUCATION Initial Application Fee $250.00 (SSO.OO per each additional variance) Renewal Variance Fee SI50.00 (no change from original application) Variance for non-confonning structures $250.00 After*the>Fact Fees (Double application fee) Appikadioo» ^2»274>2- Date Received Amount Paid Sz .r/) PROPERTY INFORMATION , Site Address iBd. ____________ Property Identification Number (PJ.D.) ^/ — / ___________ Attach legal description to application if not included on required survey. Date Propeiy Acquire d __________________(month/year) I (do) also own the adjacent parcels of land. Present use of property: residential Zoning District; —//} O/u^ _omer \sx»k.\vi\ J^jTI_______ APPLICANT ^ ^ Phone (home) 9^2. -*47$ - Name ^________ Phone (wor k>^»/) Addres^ C^JtDjeiOdJn ^ Zm:^S£>sr'9~~ OWNER (if different than applicant) Name ___ Address:City: Phone (home). Phone (work)_ Zip:. ESCRIPTION OF REQUEST Estimated Construction Cost $ ** Describe request in detail; /Je4fLe. liJ/H JO, (attach Additional sheets if necessar^) VARIANCES REQUIRED Lot Area Lot Width Hardcover Lot Coverage Setback:/^ront >^^ide Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or urn^l property conditions prmwnting compliance with Zoning Code requirements: Sj-U o«J (attach additional sheets if necessary) #2762 REQUIRED SUBMITTALS All tl lilt Mliiwlot iBfennulCT ihmii bt whmlnfj bv ih. d..diin, d... i. order for vour application to he foinid»r#H fAmpIrt#; M¥<iMiiiir ym m 1. 2. 4. 5. 6. 7. 8. Completed Application Form Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy S'/i" x 11" for reproduction. To^graphic survey (e.xisting and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8'/i" x 1 1" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 8'/j" x 11") List of the leg^ names (include marital status) of all persons with an interest in toe This would include name(s) of appUcant(s) if not current owner(s). As an addenda 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. The Applicani and Property Owner must sign this applicatioa Please remember that your variamt hpplltatnin H IIOI complete If the ahov> Infnrniallnn h.. not h... APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zonina Administrator agrees to pay additional fees (staff time not coveted by original fee payment) andoc consultant expenses incurred in review of this application, and certifies that the information supplied is true^d correct to the best^>fhis/her knowledge. Applicant's Signature f /d OWNER’S SIGNATURE 5? SuJJlJiJo ^ The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto toe property by City staff, consultants, agents. Commission members, and Council members for purposes of investigation an^erification of this request. Owner’s Signature(^f^2i^Date ^//9/aA Applicant must have alt submittals into the City offices 25 days before toe Planning Commission Meetmg. Planiung Commission MeeUngs are held on the third Monday of each month. AppUcants 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 ^gements to have an authorized agent attend in your place and to advise toe Bitodins & Zoning Office of this change prior to the meeting. /• • 4 fi S-k * i •1 J'LJ n"_L “ ’ -J- - ■ • - ^-^.iMiAL.U.4^ r- Ilia ■•••■ ^iiij|,pit(■ ■*••■■lllli■lllr■lnfl■mll■llll n* •ll^■lltl^■llll ■llll!|lllli■llll lililililii ■lllll■lllli■llll:■llll'■ll □aoooooa ooanciaaa naoannnn □naaaana 9. •; i » / - >) ./ . w TT ■ fcir^n«Tii I r -tr* ► - - # « ',«T-fci rA^<»f'^nr»'--*.‘*f^-\i» A- . (X ■> C> r*- /f f I* /f'*-'••'■" * ;'*. .“V‘O' N TOTAL* ■>«• SAMAfit* MM lo« It. ■Mf 'f/’’* r r ■' •y V }l ■ ^ ' ./ V-N •'. ;=' , AdiAiii & i '^1lla k \r.i •re ->'Yv>- 'V'-ZTc tu Wk'Mk^ipy ':4j ■ •■.-V-' • • tr-' > mm^’m^w '<5■ ;• » '• ’■0 Jv. V > •' - V • i^l- -________^ (' - -^Ct-2iu^ B<*v<o) 0rt v^^'j ^ .i 'pi?,- / // ' ci c-L 'JT^ -K t r :* f . V\:^ U- /•<' /V • ' ■ * ? c. / Df » v< ^ / — (7^ ^ '"' -p- -.r.V* ^ “;v*: < •* . •-V! •/•vili) •« [icuse loCCK\\crr\f i '• ' * ' .- . ■ -K . •» A ■' I? • v'-l-. •!■• *-V?;£“r .4?'' '::¥ - » . >• N \ iS> / r‘^ "n^ . •--if. -••' ■ • -^. •: • - •“ ^/T^l k'r 'i F3iV: ■' ■ .• . > [ '\»UJ V % -i-V^_L 7'^M_J -P •* - ••1^ •* .m <, “Z:- fV»- « • ^ vi^-.. . • *••• .•• 1 *. * “ ‘ •. _ f * ' • *J~ ■ ». *p '/y' 'tZZ -< * -• • -•» v‘/‘*. •.'^w •t »» ... »•. '\ --■- ..,-i>.gt,-'.i ...A^ cmroT ORONO MimlciiMl Omccs Htwtmww. 2750 (Why Pailiway Orooo. MN 55356 UmnMinu: P.O. Bn 66 Ciystal Uf, m 55323^ TO: FROM: DATE: Paul Weinberger Matt Bolterman, On-Site Systems Manager March 26,2002 SUBJECT: Septic Review for 4480 Watertown Rd A new mound septic system was installed in 1998 for this property. The existing mound and alternative site are sized for a three bedroom home. The existing system is located to the North of the existing house. The alternative site is located SE of the existing bam. There should be no problems connecting a new house to the existing septic system as long as it only a three bedroom house. I recommend the application be approved in regards to septic concerns for a new house with three bedrooms for the existing septic system. TtkphMe(9S2)24M<M • Fu9S2)24M«l« W) 1. L L Mil OATi •2/2t/i2 pacH fit OIMi NMi TAXfAYIR NAMi/ABiNI SA 9i-nt-2S 12 ttU •AMt SIXTH AVt N JAMES E CAKPEHTEi JANES E CAEPENTEH ASSt SIXTH AVE H LQH9 LAfCE HN 5SSSA CMHEI HANE TAXPAVEX HANE/AOM S1-1IS-2S 2A AMI MATEXTONH XO Tin SNEEn TXNOTHV H SHEEZO AAAA HATEXTOMH XO HAPLE PLAIH Ml SBSSA HENNEPIH COUHTT PXOPEXTY XHFOXHATXOH SYSTEM PXOPEKTY ONHEXS LIST KEPOXT NO. PXASSAIi PAGE SI SA SI-IIA-25 12 AA22 AASAA SIXTH AVE N XOSEXT A NAXXLYN GEMtHAN XGAEXT S GENXHAN ASIA ATN AVE H LONG LAKE Ml 55S5A SA S1-11A-2S 21 lAtS AAAAA MATEXTOHN XD G CNELAEXG I H CHELAEXG GLEN A HXCNAELA CHELAEXG AAAA MATEXTONH XO MAPLE PLAIN HN 5SSSA SA S1-11A-2S 2A AAIX AA525 NCCULLEY XO KENNETH TUXNHAM ET AL TXSTE KENNETH TUXNHAM C/0 SUSAN VAN MOOXLEHEM AAAA NATEXTONN XO MAPLE PLAIN MN 55S5A TOTAL XATCH SAA AAftS X CEXTXPY THAT THE FACTS XEPXESENTEO AXE AN ACCUXATE AND TXUE XEPXESENTATXON OF XNFOXHATXON AS XT APPEAXS TNXS DATE ON THE XECOXOS OF THE HENNEPXN COUNTY OEPAXTNENT OF PXOPEXTY TAXATXON, TO THE AEST OF NY KNONLEOGE AND SELXEF. date*3-2A#^o / I V • f'■ jT.\ “.K u ■ Ci f * ica AppHcatioo Date: 3/20/02 Conpictioa Date: 3/20/02 60 Day Deadllac: 5/17/02 APR 2 2 2002 Dcpartncnt Approval: Name Wendy Bonenberg Title Zoning Adminstrator/Planner REQUEST FOR COUNCIL ACTION QU or UHONO DATE: 4/22/02 ITEM NO.: 7 Agenda Section: Zoning Item Description: M02-2770 David and Kathiyn Biek 4675 Creekwood Trail Conditional Use Permit Zoaing District: Lot Area: RR-1A One Family Rural Residential District (S acre) 240.391 s.f. (5.52 acres) List of Eshibits: A Resolution B Staff Report and Exhibits of 4/15/2002 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 a “pool house.” It w ill be located next to the pool, 18' x 26' in size, and behind (south) the existing residence. The pool house will include a bathroom with sink, toilet and shower. The pool house will contain a half-bath, bar sink, dressing room, and a sitting/eating area. 1'he pool house will be built on a 1 8' x 26' concrete pad that the applicant received a permit to build from the City of Orono in May of 200I. The property is located in the RR-l A 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 will conform to location, size, and height requirements set by code. Septic: The existing septic system was built for a 5 bedroom residence, installed in October 1 994. and is up to code. The “pool house" is not adding bedrooms, and septic inspector Matt Bolterman has concluded that the existing septic system is adequate. I. Section 1 0.03, Subdivision 9 (F): Accessory Building-Plumbing: Installation of any combination of fixtures requiring wastewater plumbing that includes a toilet, shower or bathtub shall be allowed only in an accessory building that is conforming in location, size and height. 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. 02-2770 WHEREAS, David and Kathryn Biek, husband and wife, (hereinafter "the applicants") are the owners of the property located at 4675 Creekwood Trail within the City of Orono (hereinafter "the City") and legally described as follows: Lot S, Block 1, Woods Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have made application to the City of Orono to permit a *Tlumbing in Accessory Structure - 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 April 1 S, 2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File #02-2770. This property is located in the RR-1A Zoning District where S acres is the minimum required lot area. The property consists of approximately 83,029 s.f or 1.9 acres. 3.The Orono Planning Commission reviewed this application on April IS, 2002 and recommended approval by a vote 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 Page 1 of 5 ir^ 'I4 detrimental to the residential character of the neighborhood. B.The plumbing fixtures proposed are in keeping with the intended use of the accessory structure. C. The property location, size, and height meet minimum requirements to allow a condition^ use permit to be granted. 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. 5.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. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above fmdings, 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 house conditional use permit is obtained. C. The accessory building will not be rented, leased or otherwise provided for Page 2 of 5 use as a dwelling under any circumstances. 2.Authorities granted by this resolution run with the property not with the applicants, but are permissive oiUy 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 (April 22,2003). 3.Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 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 22nd day of April, 2002. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner (s) Page 3 of S STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 22nd day of April, 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 dav ofThe forego’ng 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 w as 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 S 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 1 proved on the oath/affirmation witness ,a credible and v^o executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Page 5 of S ■ .. , f CITY OF ORONO COVENANT FOR LIMITED WASTEWATER PLUMBING IN AN ACCESSORY BUILDING THIS COVENANT, made and entered into this day of , 2002, by David and Kathryn Biek (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 wastewater plumbing in an accessory building on property in Hennepin County, State of Minnesota, legally described as: Lot S, Block I, Painters Woods Hennepin County, Minnesota (hereinafter referred to os "Subject Property"); and WHEREAS, 'limited wastewate plumbing' fur 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 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 alt 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 FOLLOWING: I.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 if approved conditioned upon the execution of this Covenant by the City and the Page 1 of S UdAiJ L 2. 3. 4. 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 speciflcally 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 will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. This Coverumt 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 owneifs) 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 COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 22nd day of April, 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 Page 2 of 5 COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of April, 2002 by Linda S. Vee. City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public APPLICANT(S): By:. By:. ACKNOWLEDGEMENT (APPLICANTS) STATE OF MINNESOTA COUNTY OF HENNEPIN On this dav of .. 20. .personally appeared before me, who is personally known to me whose identit>‘ I proved on the basis of ____whose identity I proved on the oath/affirmation of_________________________ ________________, a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of____________, 20__, .personally appeared before me. who is personally known to me whose identity 1 proved on the basis of Page 3 of 5 I whose identity I proved on the oath/affiimation of , a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public FEE OWNER(S): By:. By:. ACKNOWLEDGEMENT (FEE OWNERS) STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of ..20. jsersonally appeared before me, who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/afTirmation of _______________, a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of ..20 personally appeared before me. Page 4 of S - 1^11 who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/afHrmation of _______________, a credible witness and vAio executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Page 5 of S « .'aJiaia.I iii !■ Ti - r ii ->■ i • i ~r '1 TO: FROM: DATE: SUBJECT: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator Wendy Bottenberg, Zoning Administrator/Planner April 10,2002 #02-2770 David &. Kathryn Biek 4675 Creekwood Trail Conditional Use Permit -• Public Hearing Zoning District: Lot Area: List of Exhibits A Application Description of Request Eievations/Flor.i- Plan Survey Ceptic Memo Septic Report Photo of Property Plat Map Property Owner ’s List Sample Restrictive Covenant RR-1A One Family Rural Residential District (S acre) 83,029 s.f.( 1.9 acre) B C D E F G H I J 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 t'- " ;t, 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 a “pool house". It will be located ne.xt to the pool, 18' x 26’ in size, and behind (south) the existing residence. The pool house will include a bath room with sink, toilet and shower. The pool house will contain a half-bath, bar sink, dressing room, and a sitiing/eating area. The pool house will be built on a 18’ X 26’ concrete pad that the applicant received a permit to build from the City of Orono in May of 2001. The property is located in the RR-1 A 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 will conform to location, size and height requirements set by code. Septic: The existing septic system was built for a 5 bedroom residence, installed in October 1994, and is up to code. The “pool house ’’ is not adding bedroom, and septic inspector Matt Bolterman has concluded that the existing septic system is adequate. #02-2770 David/Kathiyn Biek 4673 Creekwood Trail Conditional Use Permit 4/10/7002 Page I ! Items for Discussion: 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 a pool house? 3. Does the property owner confirm acceptance of the restrictive covenant to be placed on the chain of title placing conditions on the accessory building? (See Exhibit J, 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 4675 Creekwood Trail based on the structure 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. #02-2770 David/Kathiyn Biek 4675 Creekwood Trail Conditional Use Permit 4/10/2002 Page 2 h nrw'vn-T^MmiS n . «T-iAr mr-> w i . iiTii*"aiai ai it> iirinlir in i iTiim ii ■ ■a ^ lU ■jaiatu“i3W3nflfci^ si A Application U 02-^770 Date Received 10-07. Amount Paid ^/7S~ CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address C^CLKWcey Tl^-^ U-. Type of AppUcation to be Filed CCNpirtoNA L. pEitMtr r<Mg- POQl-Ho ot>^. Property Identification Number (P.I.D.) t-oT 5/ I, TAiNTEKS vJacO^, HSMNEPiN i fJN^^OTA , APPLICANT Phone (home) ^57-H’rC -Tfoy Name PAv/tP U.ATHR.VN/ lEK_____ Phone (work) H~tU~7 Address H-UIS OLRZViuJoo^ yPAtu city OKONo ________Zip S5'^5*J OWNER (if different than applicant) Name ___ Phone (home). Phone (work)_ Address City .Zip. Date Property ■ quired 3~ I (do) ^o not) also own the adjacent parcels of land. (month/y^ar) FEES - CONDITIONAL USE PERiVHTS - _____$ 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-thc-Fact Fee - Double Current Application Fee OTHER APPLICATIONS _____$275.00 Commercial Site Plan Review (+ consultant fees) _____$300.00 Vacation _____$200.00 Easement Vacation _____$100.00 Easement Vacation With Subdivision _____$350.00 Rezoning (PUD - refer to fee schedule) _____$375.00 Comprehensive Plan Amendment _____$100.00 Appeals Other - see Fee Schedule #2770 s OLB: Jp (264282) O3l^9^02 REQUIRED SUBMITTALS FOR CONDITIONAL USE PERMIT APPUCATION BY DAVID AND KATHRYN BIEK FOR BACKYARD POOL HOUSE 1. ^operty Address: 2. Legal Names of Owners of the Property: 3. Project Description: 4. Structure Drawings: 5. Certificate of Survey. 6. Certified Property Owners List. 7. Topographic Sun/ey: 4675 Creekwood Trail Orono. MN 55359 (952) 476-7905 (home) (952-742-4767) (office) David L. Biek (husband) Kathryn L. Biek (wife) We want to build a one-story, screened pool house adjacent to our backyard swimming pool. It will have cedar siding and an asphalt shingled roof. It will also contain a half-bath, bar sink, dressing room, and sitting/eating area. The pool house is to be built on a 26 foot X18 foot concrete pad with rough-in plumbing and electrical power that was constructed in Summer 2001 with the permission of the City of Orono. See the attached plan, elevation, and perspective drawings for the proposed pool house structure. See the attached Certificate of Survey from the 1994 construction of our house that was approved by the City of Orono as the site plan for the 2001 contruction of our swimming pool. We have drawn in the site location for the pool house. This Certificate of Sun/ey contains the legal description of our property. See the attached certified list and plat map from the Hennepin County Department of Finance for all property owners within 350 feet of our property line. The concrete pad for our pool house is already In place, and we do not anticipate making any land alterations involving changes in elevation. #0 Oi =t|: K) I*D POOLNOUH iMfcwoodTfirif MN8B980 USA London NVM17XE l0l:444»S«6iaM iOMJMi9ilLoam {ktamoTSo VIEWOF POOL HOUSE Job#oeoi OMi 20 MV 2002 PLANNM6 07 , So*N.TJ.•IT • ^ . Vo M 9 Ma |«i*- IE e M O & I • 'HI tr ! O t e e 1^' - ■%' : -. V tk ^ V- r London NW117XE M: 444 2064661104 ROOF PLAN n yjf\ ^ 20MV » 1''^FLANNM6 02 «mn i/r-w n •si» « I# a • • «• iR h«» f* I Q M E ^ - .. fO ASPHALT SNMGUE ROOF PAlNTroWOOOTRM INSECT SCREEN M PANTED WOOD FRAME CEDAR SONG onoNoraoL Mouse JmmsSMI0mI05 ft ASfUiliM PlttMl Orwringnii NORTH ELEVATION 0201 40rO UVVlwIlOO IIWOrafoMNSBSSe USA oftvnunB nsDV London NW117XE 1818PLAHHNG 03mr ♦ftft mi wo i^o# lOMJMcOulLeORI So* 1M*«1*4T Fl m N.eu t M = 3 • •• i§ 8*4 O (Dmtr m rt ' ft i 0 r V Wf'>•V'> •. . eV-: Ci*. r 1""I cn : X • Ou o M :9 ASPHALT SHNGLE ROOF PAINTED WOOD TRM MSEaSCREENM PANTED WOOD FRAME CEDAR n•• Cff M • *fi-fc o Mo i IS o An IT C*1 HIr» O OMNO4^ On CMM POOL House CraakwoodTral MN 56360 USA London NW117XE M; 444 0004861084 NMtiMl#tlk4IQ(n OtMriQBTH* SOUTH EieVATION Job# aoiitf i/r»i*4r PLANNNG 05 rr 9 8 0 • C .• •! •' • V. . C. *v ** * 1 ogUio 4^CN OranoMNflBSai USA U)ndonNW117XE M:<»44»6«86iaMlowMk^ukxam Job# EASra£VATION M* 20MV PLANNM6 3 Soli i/r-r-«r [Tt I >•m 3 »' {*» * ft# E o M O •S • Sr G » r9 90 m 1 %w<g o -4 ■t^ ii^llfflll A.#*^r ‘-T. t .■ n^/. '.M'. , -k2.mE^ n Xo a • • M i e M m -4 I 2 ! M 0 n trc: f M r» M •s .« J 51 • m 90 M a • • w iS is o •I OiilliiOPOOliNOUK 467BOMfeWQ0dTlll OranoMNSS39» USA • . London NW117XE M: 4442084861604 iDM.M4l(#iA,eom OnwItvTIto FLOOR PLAN 'XS7 Mi 20MV llAfMMG Fl £ cmrof ORONO Munki|Ml Offices SirattMimt: 2750 Kelify P«rtiw«y Orono. MN 55356 MaMvIMrttt: P.O. Boi 66 CtysUI Bay. MN 55323-0066 TO;Wendy Bottenberg FROM: Matt Bohemian, On-Site Systems Manager DATE:April 4,2002 SUBJECT: Septic Review for 4675 Creckwood Trail - CUP A new mound septic system was installed in 1994 for this property. The mound and alternative sites are sized for a five bedroom home. All water from pool house and main house shall go into the septic system. The existing mound and two alternative sites are located near the south property line. I recommend the application be approved in regards to septic concerns for the new pool house. ‘MtpboM(»52)24MMO • I!n (tS2) MMtli SEPTIC SYSTEM INVENTORY Address: 4675 Creckwood Tr. PID: 30-118-23 33 0007 Building Type: residence BRs Install'd for: 5 In Musa: No Permit#: 6173 DateofPeimit: 6/14/94 Installer: HayesExc. System Type: mound Experimental: no Appliances: indry,dshw. SYSTEM CONDITION Conformity: 1 Tank Condition: S DF condition: 11 Failure Pot: medium SEPTIC TANKS Material: precast concrete Setback to Bldg: 20 Capacity: 1300,1300,1300 Cesspool: no DRAINFIELD Length of Lines: 68 # Lines: 3 Trench Width: 10 Treatment Area: 96*41 Type of Filter: rock,clean sand Soil Boring: yes Tile Size: 1.5 Under Tile: 9 PercRate: 27.8 Setback DF-Bldg: 100 DFHt above Wt: 3 Soil Type: loam, clay loam Limitations: water table WELL DATA Setbacks - Well-Tanks: 75 Pump Type: subm. Well-DF: 150+ Report in File yes Depth: 167 Diameter: 4 Method: drilled INSPECTION RECORD PUMPOUT RECORD DATE DESCRIPTION COMPLIANCE DATE GALLONS 10/27/94 installation 1 12/30/99 2000 4/18/96 no surfacing-water entering tank,leaking 1 4/27/99 no surfacing-pump tanks 1 6/25/01 no surfacing,secure pump tank cover I CJ K ^(.*‘7.0 (Ji(Tc'^^ I' 7 * Si:,' i'V. . t • ’ ..►'•• •Jk • * ^1- ! PISS' \ ^ St. is CS__5?: ■ • •••/ ' . f mm DATE %snz/%z HENNEPm COUKTY Pf»fEirrV XNFOimATim SYSTEN PROTEIITY OMIEIS LIST REfODT NO. fXASMtl PAGE S lATCH StZ TAXPAVEi NANE/AOOt PffOP AODN ONNED NANE TAXPAYEE NANE/AOM PtOP ADM ONNER NAHE TAXPAYER NANE/AOOR y t PROP ADDR ONNER NAME TAXPAYER wM/um 3t Sf-nt-2S SS ttfA #A7ti CREEXIiOOD TR J VERNOR V i J P VERNOR JEAN P I JANES VERNOR V A7RR CREEKNOOO TR NAPLE PLAIN NN SSSS9 SR SR-11R-2S SS RMS •AMI CREEKNOOO TR J F i V N O’NEILL JANES P O’NEILL AARI CREEKNOOO TR NAPLE PLAIN HN 55SS9 Si SI-X1R-2S SS IMR •44S0 CREEKNOOO TR K P SJORK I L S OJORK KEVIN P A LORI S OJORK A4SR CREEKNOOO TR NAPLE PUIN NN SSSSf SR 5I-IIR-2S SS •••? RA47S CREEKNOOO TR 0 i K OXEK DAVID R KATHRYN OXEK 4475 CREEKNOOO TR NAPLE PLAIN NN 55S59 SR SI-I1R-2S SS RRRR •4745 CREEKNOOO TR 0 A STORDANL t N L STORDAHL DAVID A I NANCY STORDANL 4745 CREEKNOOO TR NAPLE PLAIN NN 55S59 SR SR-1IR-2S SS iliV •47R5 CREEKNOOO TR L N UNDERNXLL/N L UNDERHILL LONNIE N/NARSHA L UNDERHILL 47R5 CREEKNOOO TR NAPLE PLAIN NN 55S54 SR Sf-I1R-2S SS RRXR •••SR ADDRESS UNASSIQNED PAINTERS NOODS HNONNRS ASSOC PAINTERS NOODS NNONNRS ASSOC 4750 CREEKNOOD TR NAPLE PLAIN NN 55S59 SR S1-1IR-2S 22 SOSZ •4745 NATERTONN RD DENNIS DENE ESTERLY DENNIS OENE ESTERLY 4745 NATERTONN RD NAPLE PLAIN NN 55S54 SR SI-IIR-2S 22 •••5 •4724 NATERTONN RD N T NEHAPPEY I C N NEHAPPEY NILES T/CATHERINR N NEHAPPEY 4724 NATERTONN RD NAPLE PLAIN HN SSSRv SR SI-I1R-2S 22 •••• •4440 NATERTONN RD N N t S E LURTON H N LURTON S S E LURTON SIS5 JANESTONN RD LONG LAKE NN 55S54 TOTAL SATCH 542 •••li X CERTIPY THAT THE PACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OP XNPORNATXON AS IT APPEARS THIS DATE ON THE RECMDS OP THE HENNEPIN COUNTY DEPARTNENT OP NY KNONLEDOE AND RELIEP DATE ARTNENT OP PROPERTY TAXATION^ TO THE^T . i /X #2770 i- O' CITY OF ORONO COVENANT FOR LIMITED WASTEWATER PLUMBING IN AN ACCESSORY BUILDING day ofTHIS COVENANT, made and entered into this _____ , 2002, by________________________ (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 wastewater plumbing in an accessory building on property in Hennepin County, State of Minnesota, legally described as. ***Legal Description •** (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 9 (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)(3)(B) 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 FOLLOWING: 1. Applicants' request for installation of limited wastewater plumbing within the accessory Page 1 of 4 ** • building to include one toilet, one sink and one shower on the Subject Property is approved conditioned upon die execution of this Covenant by the City and the /^licants. 2.The following conditions shall control the installation and use of the limited wastewater plumbing: A) 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 &om the City. C) 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 current and future owners of Subject Property, and shall be filed within the chain of title of the Subject Property. 4.Fee ownerfs) 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 ) The foregoing instrument was acknowledged before me this ____________, 2002, by__________________________ . the day of __and and Page 2 of 4 1 Milb of the City of Orooo 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 _____________, 2002, by _____________________ day of and (husband and wife/single/a Minnesota Corporation) as their free act and deed/on behalf of the corporation. Notary Public FEE OWNER(S): By:___________ By:. ACKNOWLEDGEMENT (FEE OWNERS) Page 3 of 4 STATE OF MINNESOTA ) ) 5S. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____________, 2002, by ______________________ (husband and wife) as their free act and deed. day of and Notary Public Page 4 of 4 mpeTINQ AppUcation Date: 4/4/02 ^ ^ ^ 60 Day Deadline: 6/4/02 u i v Ohono REQUEST FOR COUNCIL ACTION Department Approval: DATE: 4/19/02 Name Wendy Bottenberg ITEM NO.: ^ Title Zoning Adminstrator/Planner Agenda Section: Zoning Item Description: M)2'2773 Kurt & Mary Rakos 2 175 Shevlin Drive Variance Zoning District: Lot Area: RR-IB One Family Rural Residential District (2 acre) 46,238 s.f. (1.061 acre) List of Exhibits: A B Resolution Staff Report and Exhibits of4/15/2002 1. Section 10.28. Subd 5 (B): Side Yard Adjacent Street Setback: To permit a 40.9' side yard adjacent street setback for the residential addition. The existing house is set back 46.3' from the property line. The required setback is 50'. Application Summary: The applicants have requested a variance to permit construction of an addition to the existing garage, close off the existing driveway entrance on Willow Drive South with a berm and move the driveway entrance to Shevlin Drive. The addition to the garage is 8' X 24.4'. A variance is required to permit the addition to encroach 9.1 ” into the 50' side yard setback requirement. The garage currently encroaches 3.7' into the side yard setback. The applicant is proposing to add onto the existing garage rather than move it to the other side of the residence fora num^r of reasons. The determinants in placement of the addition to the garage were; the flow of the house, location of the septic system and location of the well. The garage is currently on the west side of the residence. On the opposite side (east) is where the bedrooms are located. The well is located on the north side of the residence behind the garage making it difficult to add space directly behind the garage. The septic system is located directly east of the residence. The septic system is non-compliant and needs to be repaired by 2007. At that time the applicant will need to hook up to sewer which was recently put in the neighborhood. The property to the north is currently vacant. Variances for lot area and lot width were recently approved to permit construction on that property. The proposed residence is approximately 100' from the common property line and the applicants garage is 52.8' from the property line, for a total separation of approximately 150'. The applicants also want to move the driveway and access to their propert)’ from Willow Drive to Shevlin Drive. Their reason is safety. Since the repaving of Willow Drive South, the speed and number of accidents on Willow have increased. The applicants have had three accidents and other vehicles either in front of their current driveway or in their yard over the past several months. Public Works Director, Greg Gappa, reviewed the proposal and did not have any concerns with moving the driveway to Shevlin Drive as long as the access off Willow Drive South was closed. The applicants are proposing to remove the driveway, replace it with grass and place a berm along Willow Drive South. Several months ago the applicants did talk with the Public Works Director and City Council regarding the placement of a stop sign on the comer of Willow Drive and Shevlin Drive. At that time City Council concluded a stop sign should not be placed there. PLANNING COMMISSION: The Planning Commission recommended by a 7 to 0 vote to: Approve the variances as requested. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. ^_________‘ill i-rtri i A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B), FILE NO. 02-2773 WHEREAS, Kurt Rakos and Mary Rakos, (hereinaRer ”the applicants") are the owners of the property located at 2175 Shevlin Drive within the City of Orono (hereinafter "the City") and legally described as follows: Lot 10, 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 S (B) to allow ’ a side yard adjacent street setback of 40.9' where SO* is required to permit a residential addition to the existing residence. 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 April 15,2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono. Minnesota: FINDINGS 1. This application was reviewed as Zoning File #02-2773. 2.The property is located in the RR-1B Zoning District, where 2 acres is the minimum required lot area. The property consists of approximately 46,238 s.f. or 1.061 acres. 3.The Orono Planning Commission reviewed this application on April 15,2002 and recommended approval by a vote of 7 to 0. 4. The Planning Commission made the following findings of fact: Page 1 of 5 i 5. 6. A. Conformance to existing house floor plan limits placement of garage. B.The location of the well and septic system limit where the garage can be located. C. D. The residence was built prior to current zoning standards. The lot is a 1 acre lot in a 2 acre district. The lot is small compared to the RR-I B zoning district standard. E.There are mature trees along the back property line that screen the garage from the adjacent neighbor. F.The proposed location of the garage will not negatively impact adjacent neighbors. 'fhe 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 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 a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to allow a side yard adjacent street setback of 40.9' where SO' is required to permit a residential addition to the existing residence. Page 2 of 5 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. 2.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 these variances will expire on that date (April 22,2003). 3.Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a 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 22nd day of April, 2002. ATTEST: 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 22nd day of April, 2002 by Page 3 of S ai Barbara 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 ) ) ss. COUNTY OF HENNEPIN ) On this day of. for said County, personally appeared 2002, before me a Notary Public within 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 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 Exhibit A CERTriCATE OF SURVEY FOR KURT & MARY RAKOS or LOT 10. BLOCK 1. WEBBER HILLS HENNEPIN COUNTY. MINNESOTA leCAL OCSCMPTiON Of MOiSCS Lol 10. »odi 1. WCtKII 1CLS TNt nrvty whomn Vm botfidorict of th« obov« propmtf. th« bcoliofi of on 0»otin« houof. dri«t«oy..or^ fKod IfMrooo. ^ Ibo propoMd bwolion ol o praponJ oodilion. It dooo not pirporI I •ho« arty othor ortprovomooU or •ncroochmtola. o : Poo rnorlior Boorrtgs tbovn oro botod upon on OMionod doUpn ■PUT' mmm oail /TNCWIjBaBtlSSOqiTRIlIC ^ ^ f||-4T*-4l4l|U^7>-4t4l •otTTi^vui ■OOTO0IIIMPM Page 5 of 5 TO:Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg, Zoning Administrator DATE:April 11,2002 Ch. »■> #02-2773 Kurt and Mary Rakos 2175 Shevlin Drive Variance Zoning Dbtrict: Lot Area: RR-IB, One Family Rural Residential District (2 Acre) 46,238 s.f. (1.061 acres) List of Exhibits: A B C D E F G Application Plat Map Survey/Site Plan Septic Location Map Photo of Property Sketch of House Property Owners Notification List Required variance: 1. Section 10.28, Subdivision 5 (B) To permit a 40.9' side yard adjacent street setback for the residential addition. The existing house is set back 46.3 ’ from the property line. The required setback is 50’. Application Summary: The applicants have requested a variance to permit construction of an addition to the existing garage, close off the existing driveway entrance on Willow Drive South with a berm and move the driveway entrance to Shevlin Drive. The addition to the garage is 8’ X 24.4 ’. A variance is required to permit the addition to encroach 9.1" into the 50’ side yard setback requirement. The garage currently encroaches 3.7’ into the side yard setback. The applicant is proposing to add onto the existing garage rather than move it to the other side of the residence for a numter of reasons. The determinants in placement of the addition to the garage were; the flow of the house, location of the septic system and location of the well. The garage is currently on the west side of the residence. On the opposite side (east) is where the bedrooms are located. The well is located on the north side of the residence behind the garage making it difficult to add space directly behind the garage. The septic system is located directly east of the residence. (See Exhibit D). The septic system is non-compliant and needs to be repaired by 2007. At that time the applicant will need to hook up to sewer which was recently put in the neighbor!] H02*2773 Kiut/Mary Rakoi 2I7S Shevlin Drive Apnl 11,2002 Page I of2 The property to the north is currently vacant. Variances for lot area and lot width were recently approved to permit construction on that property. The proposed residence is approximately 100' from the conunon property line and the iq)plicants garage is 52.8' from the property line, for a total separation of approximately 150'. The applicants also want to move the driveway and access to their property from Willow Drive to Shevlin Drive. Their reason is safety. Since the repaving of Willow Drive South, the speed and number of accidents on Willow have increased. The q)plicants have had three accidents and other vehicles either in front of their current driveway or in their yard over the past several months. Public Works Director, Greg Gappa, reviewed the proposal and did not have any concerns with moving the driveway to Shevlin Drive as long as the access off Willow Drive South was closed. The applicants are proposing to remove the driveway, replace it with grass and place a berm along Willow Drive South. Several months ago the applicants did talk with the Public Works Director and City Council regarding the placement of a stop sign on the comer of Willow Drive and Shevlin Drive. At that time City Council concluded a stop sign should not be placed there. Applicant’s Statement of Hardship: 1. Conformance to existing house floor plan limits placement of garage. 2. The location of the well and septic system limit where the garage can be located. 3. The residence was built prior to current zoning standards. 4. The proposed location of the garage will not negatively impact adjacent neighbors. 5. The lot is a 1 acre lot in a 2 acre district. Most other lots in the neighborhood are 1 acre lots. If 1 acre standards were applied a 35' side yard setback would be the requirement rather than 50'. 6. The one acre lot is small compared to the RR-IB zoning district 2-acre standard. 7. There are mature trees along the back property line that screen the garage from the adjacent neighbor. Staff Recommendation: Staff recommends approval of the side yard adjacent street setback for the garage addition, subject to removal of the existing driveway on Willow Drive and relocating it to Shevlin Drive. 102-2773 Kint/MayRUco* 2175 Shevlin Drive Aprttll.2002 P^2of2 J AppBotioii «0^-J.'?'73 Date Recdved -OSi AmoontMd CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 (SSO.OO per each additional variance) Renewal Variance Fee SI50.00 (no change from original application) Variance for non*confonning structures $250.00 After*the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address Property Identification Number ffJ.D.) 05--UT-cjS--3*4-000*7 Attach legal description to app Date Property Acquired 2. ication if not included on required survey. aj _____________________,(month/year) I (do) (do not) also own the adjacent parcels of land. Present use of property: X residential ___other (specify). Zoning District: ________________________ APPLICANT Name V\u.rT K QO^crcj Address: •2tn*=; po.._______ Phone (home ) - H'lU 1 Phone (wor k)i4^rT~ City: Zip: «5S3*T{ OWNER (if different than applicant) Name ______________ Phone (home). Phone (work)_ Address:City:.Zip:. DESCRIPTION OF REQUEST Estimated Construction Cost $_____________ Describe request in detail: <» -t-n lrrrfV7ot-\ J yi j (attach additional sheets if necessary) VARIANCES 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 Zoning Code requirements: - ^>eoArr>.i c<xrs/ACCvcjiyvH try ic^e or\ cioet>ri ^ -fVocO ».0'«Ah Kouse. cV,<T\;g^v.0(W.t tpei'orv e.»>cX^^ Ai\ve » ® (attach addition^ sheets if necessity)(attach additionu sheets if necessity) drv io ccvr(4 ^rtlw OlrU. fveuse.r»+ nnc^ne ^niAcr oirveo^-rvci #2 773 3. 4. 5. 6. 7. 8. required submittals ---- Completed Application Fonn "■ — SrfaMj'L^' Z'fom't Finance. A^03, Go« Ce^^. «f ---- To^graphic survey (existing and proposed elevations) if any chances in exUtina grade are proposed. In addition, provide one (1) coov 8 ‘/," i"^* ^ - “ °7'T ^ “ view/ (i~Tde 1 o" j!; person you wish notified of this appliLtion. ^ ^ ^ ---- Additional items as may be requested by City staff. The Applicant and Property Owner must sign this annlication Pi/.-,ca. -a. i. u nppllctior imni cnmlet. if ihe .bay. a.. ^Zh.ilmllil^ APPLICANT'S SIGNATURE ^e applicam hereby agrees to provide all information required or renuesled h„ rk. 7„ • Admimstrator, agrees to pay additional fees rsnff ti'mA j °y Zonmg and/or consultant expenL ineZd in rev a^o ^ information supplied ^tnre and corrcc“ZUw^^^^^^^ “'®®“ Applicant's Signature ■)'■)') om OWNER’S SIGNATURE e’^^Tto Zp.^A';^t su&a:^:' So members for purposes of investigation and verificatfon of thZqZ Owners Signature ^ 1 J')') ^ Applicant must have all submittals into the Citv offices oc n..,. u.c . «. Commssion Meeting. Planniiw Commission Mcetto^s « month. Appucani, must be present at aU «b.d«l "leJ L Commission and Council. If an applicant is unable to » k!?^* . *^**“*“* make arrangements to have an authorized agent attend in vour nt *^.1 please & Zoning Office of this cirenge prioZ SLIX “ P>“ ««vise Building Date 3/fe//f7? BILL KELLEYS LANP 1 (<V 2ND DIVISION 8 I'V ■% iU I \ 8 i • 1 ouviora mt o, /• tttm nil «'*%> 1 fX) ^y&■>'0/1, Iff ar ■fWMf T, 75. /6b ;^b ^0 8 TS'O 2Z'0 ^'0 I V . ‘ vyf::'4" *•• :^.'itl'** '• ' v’-‘•--■■*'■'«' ■■? - .'•. '.'’ ■■yv. ..,. ■<>•■ . • •' , ' ■ >■ U *: t \ -.U-' •' r '^>. . V;: • .r^s. |i 55, .-• *' V ■'», /. y ••. ^ - c . . • V •'^:i .w- •■.»_•’'-*■'I J* - • N ,.\. , :-|Li i i^ f 'V 'f Mi * ^ .. ■•*—•..'j P>• ■ .. ;'• i'. ■■'^a; i r.’ > •■•4 ' ■ >:.' ,¥i- •c .'C.-s. -.Av * . A .V.-;• y rj-..; ^v y^- ./.*;»• • • ■ •* V5.« ^ « « tA f' .» VJ» *. ^>•••*; ■ ‘l 7 ; •is Vrr/V F 9 V •v‘ .*, k ,f ., /' ... . '"'■^’ . i . ' I i.* ' • ' ■s . .',.1 . , •{■ \ « vV •••r -' ’ > ■ ■Sf^SSXuP^ ■ ” r’ '*• • 7 r? ' ' * P»l:- -T' vX .T « ^ .ttv ifc.tr ?*. • • '^1 •’ * ; %fr b. » « — Ft- i > -> ^ 7 ''j •‘S/ . v(. .v. 0>- m '\ \> '•fei^l r.M J»V:>4X-lvJ ■-i;l V * •■ >:•t:ii^'Sa: 1 ;■ '*•--- r —' / --■•> K V-' s U) Is8* s•• (D • • >LZ# • • • • . _______ • • Kurt & Mary Rakos mm DATE iS/2Vf2 BATCH BA7 HENNEPIN COUNTY fBOPERTY INFORHATION SYSTEN mOFERTY OWNERS LIST REPORT HO. PlASMOl PACE 2B PROP AOOR OWNER NANC TAXPAYER HAHE/ADOR SB iS-117-2S S3 •••! •••SB ADDRESS UHASSXOHED HEHNEPXH PORfEXTEO LAND CITY or OROHO P 0 BOX A4 CRYSTAL BAY HN 55S2S SB BS-UT-ES SS •••• ••7AB WILLOW DR S J 0 HARWELL B L A HARWELL JEFFREY B LEONTYNE HARWELL 201 PARRVIEW TER BOLDEN VALLEY HH 55414 SB •S-117-2S S4 •••$ •2145 SHEVLIN DR WILLXAH H TOLES JANES R DANIELS C/0 JILL T B DANIELS 2145 SNEVLXH DR WAVZATA HN 55141 PROP ADDR OWNER NAHE TAXPAYER HANE/ADDR SB •S-117-2S S4 •••• •2155 SHEVLIN DR J B J PAULSON JERONE T B JUDY X PAULSON *2155 SHEVLIN DRIVE WAVZATA HN 55S41 SB •S-117-2S S4 •••! •2175 SHEVLIN DR X P RAXOS B H H GUSTAFSON X P RAXOS B H H GUSTAFSON 2175 SHEVLIN DR WAVZATA HN 55341 SB •S-117-2S S4 ••!• •2174 SHEVLIN DR R P WIENS B J A WIENS ROBERT P B JULIE A WIENS 2170 SHEVLIN DR WAVZATA HN 55S41 • *• i .* n iZ n: I'i. os •u J >•t:o PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR TOTAL BATCH 5B7 ••••• I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORHATION AS XT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTHENT OF PROPERTY TAXATION, TO IHE BEST OF NY XNOWLEDGE AND BELIEF. DATE gy ) rt - -nil II Applkatioii Date: 4/4/02 Completion Date: 4/4/02 60 Day Deadline: 6/3/02 MliETiNG APR 2 2 2002 REQUEST FOR COUNCIL ACTION oi I r ur URONO Department Approval: Name Wendy Bottenberg Title Zoning Adminstrator/Planner DATE: 4/22/Of. ITEM NO.: / Agenda Section: Zoning Item Description: #02*2774 Mark and Nancy Cree 3120 North Shore Drive Conditional Use Permit Zoning District: Lot Area: LR*IB One Family Lakeshore Residential District (I acre) 83,029 s.f. (1.9 acres) List of Exhibits: A Resolution B Staff Report and Exhibits of 4/15/2002 1. Section 10.03, Subdivision 9 (F); Accessory Building-Plumbing: Installation of any combination of fixtures requiring wastewater plumbing that includes a toilet, shower or bathtub shall be allowed only in an accessory building that is conforming in location, size and height. Application Summary: The applicants have applied for a conditional use permit to allow plumbing in an accessory building, llie accessory building will be used as an “recreation room." it will be located on the upper level of the detached garage. The recreation room will be used for 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 September 2001, Lyle Oman, Building Official, issued a building permit for the detached accessory building. Before the permit was issued, setbacks, hardcover, height and lot coverage by structures was reviewed for conformity. The detached garage was designed to have a large storage area above it. Since then the owners have decided to make a recreation room for family use with a 3/4 bathroom. The subject property is on Lake Minnetonka and is sewered. PLANNING COMMISSION: The Planning Commission recommended by a 7 to 0 vote to: Approve the application as presented. j "1 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03. SUBDIVISION 9 (F) FILE NO. 02-2774 WHEREAS, Mark Cree and Nancy Crec, husband and wife, (hereinafter "the applicants") are the owners of the property located at 3120 North Shore Drive within the City of Orono (hereinafter "the City") and legally described as follows: See Exhibit A (hereinafter "the property"); and WHEREAS, the applicants have made application to the City of Orono to permit a “Plumbing in Accessory Structure - Conditional Use Permit” to allow a toilet, sink and shower to be installed into an accessory structiu’e. 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 April 15,2002, 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 #02-2774. 2.This property is located in the LR-IB Zoning District where 1 acre is the minimum required lot area. The property consists of approximately 83,029 s.f. or 1.9 acres. 3.The Orono Planning Commission reviewed this application on April IS, 2002 and recommended approval by a vote 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 fmdings: A. The proposed use of the accessory structure with plumbing will not be Page 1 of S 4. 5. detrimental to the residential character of the neighborhood. B. The plumbing fixtures proposed are in keeping with the intended use of the accessory structure. C. The property location, size, and height meet minimum requirements to allow a conditional use permit to be granted. 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. 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 propert)' will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit 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 propert) providing the following: A.The accessory building will not be used for a home occupation unless specifically approved by the Cit>' 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. C. The accessory building will not be rented, leased or otherwise provided for Page 2 of 5 use as a dwelling under any circumstances. 2.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 (April 22,2003). 3.Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4.The undersigned applicants have read, 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 22nd day of April, 2002. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner (s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 22nd day of April, 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 3 of S Ti-i i-ytv-I ■ 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 1 proved on the oath/aflirmation 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 4 of 5 Exhibit A legal description ‘•o* Bloch 2. CRYSTAL BAY PARK includ^q vocoted Vi«« '"®P ^ P'o* thereof on fHe ond of record in the Office of the Register of Deeds in ond for sold county. ' ® Hennepin County, Minnesoto (Abstract) P®.'’* 2. Bloch 2. ond Lot l. Block 4 ond of View Avenue ond Maiw«ii 5ir##t crystal bay park , described os follows: Beginning ot fh^NwlLMt w M?d Lnf ?K ^ Southeasterly olong Southwest^lyS “ 1°'-^ Northwesterly or mist wesferrc^ner ^ol A? \ ^ **■'” Crystol Boy Pork; thence southwesterly along the Southwesterly line- 2^.^?'^ t to the Southwest er.most Southerly comer of sold Lot Tt' soid ooint h«inn in Number 51. formerly known os Lofoyette Avenge- Vhence * Northwestfrty along tha Northwesterly line of County Rood Number 51 to its r dro^ porollel with ond distont 50 feet Northeasterly from me«!red ot r i^ iuT ® '">‘2. Block 4 ond Lot 3. Block 2 in soid-Crystol Boy Pork th^ci r ^*** fro"’. rneosured 6t right angles to ond porollel with 'y '''!•* Cot Z Block 4. ond Lot 3. Block 2. soid Cr^tol Bov P^ ta ihl ^orMwestcrty line pf said Lot 2. Block 2. Crystol Boy Pork;* thence Southwesterly olono the N^thwestcrly hne of soid Lot 2 to the point of beginnirrg, occording to the plot^ therwf on file or of record in the Office of the Register of Deeds in ood for' soid county ^ thereof on file or Hennepin .County. Minnesota ^ (Torrens) Subject to Eosements of record, if ony. PageSof5 ‘r. •-X w*'._____ - CITY OF ORONO COVENANT FOR LIMITED WASTEWATER PLUMBING IN AN ACCESSORY BUILDING THIS COVENANT, made and entered into this___^day of 2002. by Mark and Nancy Cree (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 wastewater plumbing in an accessory building on property in Hennepin County, State of Minnesota, legally described as: See Exhibit A (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 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 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. NOW, THEREFORE, THE PARTIES TO THIS COVENANT AGREE TO THE 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 if approved conditioned upon the execution of this Covenant by the City and the Applicants. Page 1 of 5 2.The following conditions shall control the installation and use of the limited wastewater plumbing: A) 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. C) 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 current 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 dccument. CITY OF ORONO: By: Its Mayor By:. Its City Clerk ACKNOWLEDGEMENT STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 22nd day of April, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota muiucipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this ___day of April, 2002 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said Page 2 of 5 instrument was executed on behalf of the City. Notary Public APPLICANT(S): By:. By:. ACKNOWLEDGEMENT (APPLICANTS) STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of .20. jrersonally appeared before me. who is personally known to me whose identity 1 proved on the basis of whose identity 1 proved on the oath/afTirmation of ____. a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of ..20. jsersonally appeared before me. who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation of , a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they ex'^cuted the same as his/her/their free act and deed. Notary Public Page 3 of 5 FEE OWNER(S): By:. By:. ACKNOWLEDGEMENT (FEE OWNERS) 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/affirmation of ________________, a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of 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 of ________________, a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Page 4 of 5 Exhibit A legal description Pored 1: Lot 2, Block 4 ond Lot 3, Block 2 CRYSTAL bay papit :»«i. j - . (Abstract) Km. Wou"dT‘o»'V‘'cR?SI^5<?V Mf °' '"V ............. S>'«> n...l ».«My cornVri u, 2 to BlMk J K. «"'"«« or «Kffi,r,U7o?'.sv,riTMrrrd cTrrJ'i‘^Sr^, •'«•Northwtsterly line pf sold Lot 2 Bl<xk 2 Cr«torBn^ |0.d Crystol Boy Pork, to the .............Hennepin .County. Minnesota county. (Torrens) Subject to Eosemeots of record, if ony. TO:Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg, Zoning Administrator/Planner DATE: April! 0,2002 SUBJECT:(i<02-2774 Mark Cree 3120 North Shore Drive Conditional Use Permit -- Public Hearing Zoning District: Lot Area: List of Exhibits A Application Description of Request Elevations/Floor Plan Survey Permit Photo of Property Property Owner's List Sample Restrictive Covenant LR-IB One Family Lakeshore Residential District (1 acre) 83,029 s.f.( 1.9 acre) B C D E F G H Pertinent Code Section: I. Section 10.03, Subd. 9 (F): Accessory Buildings<Plumbing: Installation of any combination of Fixtures requiring wastewater plumbing that includes a toilet, shower or bathtub shall be allowed only in an accessory building that is conforming in location, size and height. Application Summary: The applicants have applied for a conditional use permit to allow plumbing in an accessory building. Ilie accessory building will be me^ as a “recreation room”. It will be located on the upper level of the detached garage. The art thi‘dlo an^ ”gym will be used for personal use and w ill 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 September 2001, Lyle Oman, Building Official, issued a building permit for the detached accessory building. Before the permit was issued, setbacks, hardcover, height and lot coverage by structures was reviewed for conformity. The detached garage was originally designed to have a large storage area above it. Since then the owners have decided to make a recreation room for family use with a Va bathroom. The subject property is on Lake Minnetonka and is sewered. #02-2774 Mark Cree 3120 North Shore Drive Conditional Use Permit 4/10/2002 Pagel Items for Discussion: 1 . Does Planning Commission find 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 a recreation room? 3. Does the property owner confirm acceptance of the restrictive covenant to be placed on the chain of title placing conditions on the accessory building? (See Exhibit H, 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 3120 North Shore Drive based on the structure 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. rni-iriA MarkCree 3120 North Shore Drive Conditional Use Pennit 4/10/2002 Page 2 . ->V1 i Cr#« - NuSp«^«lnc. 612383SS9S lbr-21«20Ql ^f•i•C^TY Of 0®«0 12/07/01 07I00A P.000 tlS224USII f.00l/0ll hW -k AgUlBf dflM • 1 IWtonaeMVd 1/ X CITY OF ORONO - GENERAL LAND VSZ APPUCATION ____ Phetyfwork) P»'*^ City —----------Z«P /» >- applic^ I v«»>n »rA OWNER (if diff««ni than applicant) MA/IC. Date Property Acquired • ____ •. A MM Phone ftcmel 7^ Phone /world 7^^ - M/3-^/o/o City ft.Vii»./rK Zip ----- ____________(month/year) uate rropenjF ,. .., .——- ■-:------------- I (do) (do not) also own tl:e adjacent parceU of land. FEES - CONDITIONAL USE PERMITS - S 73.00 For each variance reque;*. with CUP application 7 $175.00 Re$iden*.ial Accessor/ ( se $250.00 Institutional (church, school, ex.) “ ^ $7J5.00 Guest House/Ouesi Apartnenis $200.00 Duplex Credit/Bldg ” $323.00 Commercial/Indubirial Ifse $250.00 Land Alteration « j • • —^ Grading ond filling • designated wetland or floodplain Grading and filling • 501 eu. yd. or mote Grading, seawall, rctai.*ung walls within 75’ of lakesnore PBD/PID • see Fee Schedule x- ■ \ 5130.00 Renewal Fee (no change from original oppucation) Afiex-the-Fact Fee - Double Cuxreot Application Fee OTHER ^ 527 * site Plan Review (+ consultant fees) ■ $300.00 Vacation ” $200.00 Easement Vacation --------$100.00 Eaaement Vacation With Subdivision $330.00 Rezoning (PUD • tcfei to fee schedule)*x^A.waa»i^ V -------- ^ S375-00 Cocnprehcnsivc Plin Amcndmctu ” SIOO.OO Appeals "* Other - see Fee Schedule #2774 • • •• • • •• B Is TO 'TMe' ‘^ravwc.C- poe?»w A^''^ "TVfL ^JE^^4 4?A»^ B. ^ Vvl^MC^P AI^So (^*1 fC £. 'Vo •^4'* 'J^B. IFAi^iUYS fell- A C^S€_. mm LC% n 27 74 // / /■//// fctl •: i H«M> MM.4< *4P% nif9u (5 .^4 V(i f ' •# M t ftf < .jf* **"* • 1— • 1 .*'. V- . .•• uf 1 u-------l^»v 4 K- "v. . ------------------••/' . . ^X * . •«.'©v/- • '0 r-i' ' i aE> ; /:----------t-------------------:---------i i*> '■ \ 4 - - ^ ----- X *-* .y l *•-• V ^ ^_ __ ^ 9 •1 — “ ~ . 1 • • .• •• • «!• ^ •■ •: ■. . • • , * \ • *»r fu-J #*(».« ^*<l'-#<m Hi*»« ifUf^ NU : »^JV I . ♦*-.»:V.,***1 . • • • • . •* At « • •/" • “ I - • / JL:. > . i\' . •. 1* %• . • ♦ • • 9 *• . * Certificate of Survey . % ’ UCAL OeSCRiPTlCN • Porc«l I Lot 2. Stock 4 and Lot 3. Block 2. CBr^TAL BAr PARK inctud-nq vorgtod V?t* A««nut odfOintfiq to>d Lots, occo^dmq to the mop or plot Ihortof on U« ond of roccfd *n th« OffKO of tr»o Roqtttff of Ooodt in ond for laid county ’ Honnopm County. ll«vit«oto (A^ftroct) Porcof 2 That port of Lot 2. Block 2. ond Lot I. Biocn 4 ond of V.r« A w««>uo and Moi««n Strott (both no* wocottd) oM crystal B ay Park . d«scr<t4d o« fo«o«s: Boq#»ninq ot tht North*#*t or • mott Wfsttriy corner of »o«d Lot 2 *n Block 2. tno^co Southoosttrly oionq Soum*«it«fiy tiro of »0*J Lot 2 to th# S<Klth*€tttHy or moil tcutnefty comor of oo^d Lot 2. thonct Soutneofttrly m o flroiqht 1^0 across soid Vit* Aw«nu«. «ccated. to th# Northwesterly or most Westerly corner of soid Lot 1 m Block 4 soid Crystal Boy Prrs. thence »outh*esleriy o<onq the Southwesterly lire of soid Lot t fo the Soithwest or most Southerty comer of so*d Lot 1. so*d po*nt beino ei the Northwetterty line of County Rood Numter Si, formerly known os Lafo/dtte Avenue, thence Northweeterfy oionq the Northwesterly Ime of County Rood Number 51 to <ts intersection with o line drawn pofodel with ond distont SO feet NcrUteotterly from measured ot nqht onqies to the Northeosterly imes of Lot Z Block 4 ond Lot 3. Block 2 «o*d*Cry«toi Boy Pork, thence ,Northwesteriy on o leie SO feet Northeasterly Rom. meosured dt nqnt onqie* to. poroifel w»th the Northeosterty imes of soid Lot Z Block 4. ond Lot 3. Block Z soKj Crysloi Boy Pork, to the NorthwesteHy itfic of sold Lot Z Block Z Crystal Boy Pork: thence Southweeterly cKonq the Northwest^y Une of sod Lot 2 to the ponl of Oeqiruiipq. occerdinq to the plot thereof on file or • of record in the Office of the Reqister of Deeds for soid county. Hennepei County. W^mesoto y<* (Torrens) / Sub;ect to Cosements of record, if ony X A4CAS w 36M U Ot.90 - 4.*’0 V| ft «0«ens/Wa*s/Weiwe • d4s Sq ft 5»cet/*etonwe Skwit/Slepe * *3^S Sg ft Teid - 11.442 U ft Ui eeo«e **5 W Seteock • 7K*2f $e ft mart «r less M^S co<wr Perctnleqe w |4 431 Tot# Lot • §3 31f Se ft mere ar i«m wtA or 4>fM farf W>we iwe (424 4) - TS* - n.MO 4% ft • 2» 132 Se ft ^ •/ • efj3 250 • 50o wSrft.fOl li ft w ,V r ik'd- 500 - rseoriy W.O - H ^ '0' WtfB ceva tft4,gJL kne (424 s) - n* • 0 i4 ft T5 - ISO- w JJKLSd » 250- - SCO- - ilM W f SCOT - erwMTty Nee - ^ U /t . .• • MSW / LEGEND wW *»m— wa sjm4 • ■M LL C:\f7C47JRiC • r .-.‘I: =•■ -BIIB_ *4y<>w ■T-nA^ eerS CERTeiCATE OF SURVEY 6^ * CITY OF ORONO 7750 Kelley w ®*«'.rystal Bay, Minnesota 55323 ()52) 249-4600 PERMIT PemA Number: Permit Type: Date Issued: P04210 Aceessofy Strictures 9/10/2001 £ TE ADDRESS:3120 North Shore Dr Wsyati. MN 55391 PID: 09-117-23-32-0007 DESCRIPTION: Proposed Use; Permit Class: Permit Type: Residential Building Accessory Structures UBC Occupancy U1 Consttuction Type VN Census Code d38 Pcnnit Sub-type(s): Garage - Detached DETAILS: Approved per resolution #: Separate permits required:Bectricai (state) NOTICES/REMARKS; fee SUMMARY:Permit Fee: Plan Review Fee: State Surcharge Fee: $ 593.25 $ 385.68 S 22.50 Valuation: S 45,000.00 total FEE:$ 1,001.43 APPLICANT:Rightway General Contractor, Inc. 42383 250th Street Arlington, MN 55307 Mark & Nancy Cree 3120 North Shore Dr Wayzata,MN 55391 iz ! # AW lm-A pU I TU»4 ...g- ..... I-APPUCW. <-*<■»*■> ' PBgel kill m % IP5J •V ,’ 1: . - . • .T V-- ... »-e.. c -J ^mm mm 1 • -^3^ Hwwik-i.: k ''^^^3^ • vt/ ■ ’ f^j.. !•;* ,- *^-T r r-r^ r.-v. }?PS|SS*=°^ Y'■ 5'1^^L1 Kb r mm HATE §A/t5/f2 HENNEPIN CfNJNTV PIIOfERTV INFOUtUTlON SVSTEN PirOfEETy ONNEES LIST •ATCH 5H PtOP AOM ONNEE NANE TANPAYEE NANE/ADOE 5A tt-IlT-ES A1 •••! •S2lt NOETH SHOEE DE SNXELEV J NENOEXCESm ET SHXELEY J NENDEXCESON EXCE A NXNDENiUEG 82At NOETN SHOEE DE HAVZATA rr 55S91 ONNEE NAME TAXPAVEE NAME/AOOE sa -2S S2 •tf7 •SI2v amn SHOEE DE NAEE t .EEE t NANCY L CEEE NAEE U CEEE i NANCY L CEEE 4SA5 HESTON LA PLYMOUTH MN 55AAA ONNEE NAME TAEPAYEE NANE/ADOE sa EY-lir-ES S2 •Siaa NOETN SNOEE DE F P PACOHSEY AML PACOVSEY FEEDEXCE P PACOVSEY MXCHELLE L PACOVSEY S1A4 NOETH SHOEE DE HAVZATA MN 55SY1 PEOP ADDE OHNEE NAME TAEPAYEE NAHE/ADDE sa M-117-2S S2 tflA •St95 NOETN SNOEE DE EUSSELL C NEDLUNO A NXFE EUSSELL C NEDLUND SAYS NOETH SHOEE DE VAYZATA HN 55391 PEOP ADOE OHNEE NAME TAEPAYEE NAME/ADOE Sa B9-U7-ZI 32 §A17 •3AM* NOETH SHOEE DE D BEOOEESEN ETAL DilANE DEODEESEN S«40 NOETH SHOEE DE NAYZATA HN 55391 ONNEE NANE TAEPAYEE NAME/ADOE sa •9*117*2S 32 ••29 •Si79 NOETH SNOEE DE a J NASNAIN A A NUSSAXN SYEO HASNAIN/AESNIA NUSSAXN S97A NOETN SNOEE DE HAYZATA NN 55S91 O ^ ‘6 EEPOET NO. PX935991 PACE IS sa ••-117-2S 91 •••2 •3219 NOETN SHOEE DE NAEE FINNEY NAEE FXNNEY 3219 NOETH SHOEE DE HAYZATA HN 55391 Sa 99-117-23 32 9994 93999 NOETN SHOEE DE DANIEL J NCCLYNN DANIEL J NCCLYNN 3099 NOETN SNOEE DE HAYZATA HN 55391 39 99-117-23 S2 999a •S149 NOETH SHOEE DE N S HALLACE A D D HAlLACE MICHAEL S A DONNA 0 HALLACE 3149 NOETH SHOEE OR HAYZATA HN 55391 sa 99-117-23 32 ••99 •3109 NOETH SHOEE DE P J SLONCEEC A a J CLPMCEEG PAUL J A SEVEELY J BLONDEEC 3189 NOETN SHOEE OR HAVZATA HN 5S391 58 99-117-23 32 9911 93188 NOETN SNOEE DE J A A D L EOSATX JANES A A DESEA L EOSATX 3188 NOETN SHOEE DE HAVZATA HN 55391 38 09-117-23 S2 0013 93115 NOETN SNOEE DE ELXZA8ETH P VOCT ELIZABETH P VOGT 3115 NOETN SHOEE DE HAVZATA HN 55391 1 38 99-117-23 32 9915 03985 NOETN.SNOEE DE RUTH L OLSON PAUL ALLEN OLSON 3985 NOETH SHOEE DE HAVZATA HN 5S391 38 99-117-23 32 9914 93195 NOETN SHOEE DE T H FEAHN A H E FEANH THONAS H A HXCNELE E FEANH 3195 NOETN SNOEE DR HAVZATA HN 55391 38 99-117-23 32 9918 93135 NOETH SHOEE DE E J HALVOESON/D A HALVOESON E08EET J/DEBOEA A HALVOESON 3135 NOETN SHOEE DE HAVZATA HN 55391 38 99-117 23 32 9919 93989 NOETN SNOEE DR L V A J N REARDON LAURENCE V REARDON 3989 NOETH SHORE DE HAVZATA NN 55391 38 99-117-23 33 9999 •3175 NOETN SHOEE DE MAC RUSSXN MXCNAEL A CATNERXNE RUSSXN 3175 NOETN SNORE DE HAYZATA HN 55S91 38 99-117-23 33 9913 93145 NOETN SHOEE OR MARTHA J SHEDENBOEG NAETNA J SHEDENBOEG 3145 NOETN SHORE DE HAYZATA HN 55S91 • $ I mm DATE M/AV§2 BATCH Bi4 HENNEPIN COUNTY PPOPEIITV INFORnATlON SYSTEH • PROPERTY ONfffRS LIST PROP ADOR ONNER NANE TAXPAYER NAIRE/AOOR SR M-llT-ES SS RtlA •SIRS NORTH SNORE DR J R t C N AANESTAD JONATHAN/CATNERUiC AANESTAD SIRS NORTH SHORE DR HAYZATA NN 5SS91 . f .1 L ii 07' < <aP ®i REPORT NO. PXAS54il PADS IR TOTAL BATCH StA ftOlf I CERHFY THAT THE PACTS REPRESENTED ARE P' ACCURATE AND TRUE REPRESENTATION OP XHTORHATION AS XT APPEARS THXS DATE ON THE RECORDS OP THE HENNEPXN COUNTY DEPARTHENT OP PROPERTY TAXATION, TO THE BERT OP HY RNOHLEDOE AND RELIEF. DATE y- ••X 1 r TuB in^- tinft .muiT rA CITY OF ORONO COVENANT FOR LIMITED WASTEWATER PLUMBING IN AN ACCESSORY BUILDING THIS COVENANT, made and entered into this day of 2002, by.(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 wastewater plumbing in an accessory building on property in Hennepin County, State of Minnesota, legally described as: ••‘Legal Description ••• (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 fo*md 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 9 (F)(3)(B), specific conditions exist under which limited wastewater plumbtng may be allowed within an accessor)' building; and WHEREAS, Section 10.03, Subdivision 9 (F)(3)(B) allows i.:>suance 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 !n 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 FOLLOWING: 1. Applicants' request for installation of limited wastewater plumbing within the accessory Page 1 of 4 -H 2. 3. 4. 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. C) The accessory building will 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. CITY OF ORONO: By: Its Mayor By:. Its City Clerk ACiCNOWLEDGEMENT STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____________, 2002, by___________________________ . the day of _and and Page 2 of 4 1 of the City of Orono on behalf of the municipal corporation. Notary Public APPUCANT(S): By:. By:. ACKNOWLEDGEMENT (APPLICANTS) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____________, 2002, by ______________________ dav of and (husband and wife/single/a Minnesota Corporation) as their free act and deea'on behalf of the corporation. Notary Public FEE OWNER(S): By:. By: ACKNOWLEDGEMENT (FEE OWNERS) Page 3 of 4 i STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____________, 2002, by _______________________ day of and (husband and wife) as their free act and deed. Notary Public Page 4 of 4 if Complete Date: 60 Day Deadline: 3/26/02 5/25/02 REQUEST FOR COUNCIL ACTION COMMr'u APR 2 2 2002 Cl I y ur UMUv»j DATE: April 18,2002 ITEM NO.: !C Department Approval: Name Paul Weinberger Title Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description;«02-2775 Temple Israel 645 Tonkawa Road Conditional Use Permit Zoning Dbtrict:LR-IB • Single Family Lakeshore Residential District (I acre) List of Exhibits A Resolution B Site Plan C Planning Report (April 10,2002) Application Temple Israel has requested a conditional use permit to permit construction of a 40* X 76 ’ open sided, pre-manufactured pavilion on the property. The building is appro.ximately 12’ - IS’ in height. It is to be constructed as a one story', wood framed structure with a typical gabled roof. The construction of the building would include a concrete slab on grade with support columns for the roof. The intended use of the building is for picnicking and group gatherings. Applicants have also indicated additional work would include the general site work improvements to level the ground and to landscape around the building. There will be some minor corrections made to a drainage swale, including adding culverts under the paths that will be for pedestrian access to the shelter. The trails will be gravel and connect the pavilion to the lake, chapel and parking areas. There would be lights installed within the ceiling of the pavilion, but no exterior lights are proposed. The Zoning Ordinance requires all lights within the building to be installed so the light source is not visible from any property line. The property has been used as a camp for many years, initially it was used as a Boy Scout camp. Camp Teko, as it is know today, is a summer camp, with some occasional fall, winter and spring use. Summer camp sessions last about 12 weeks. There is a full-time caretaker that is in residence on the property year round. The campers and staff total approximately 250. J #02-2775 Temple Israel 64S Tonkawa Road Page 2 of 2 __________ Commiasioa Recoromeildatloil The Planning Commission recommended by a unanimous vote of 7 to 0 to approve the conditional use permit to permit construction of a 40 ’ X 76’ open sided pavilion the property as proposed by Temple Israel subject to the following conditions: I.The lighting shall be installed to screen any light source outside the building. Lighting shall be directed to only illuminate those areas contained within the structure. 2.The building shall be used for picnicking and group gathering and shall not be used for any activities not associated with the nomul operation of the camp. 3.The building shall not be used for activities that would generate noise levels to exceed levels as regulated in the noise ordinance for residential properties. Staff RecommeBdatloB Staff recommends approval of the conditional use permit based on the conditions noted in the Planning Commission Recommendation. .-a. ^ A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.20, SUBDIVISION 3 (C) FILE NO. 02-2775 WHEREAS, Temple Israel (hereinafter "the applicant"), is owner of the property located at 645 Tonkawa Road (hereinafter “the property”) within the City of Orono (hereinafter "the City") and legally described as follows: Exhibit “A” attached, Hemiepin County, Minnesota (hereinafter "the property"): and WHEREAS, the applica.'*! has applied for a conditional use permit per Municipal Zoning Code Section 10.20, Subdivision 3 (C) to permit construction of a 40’ X 76’ open air pavilion on 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 Plaiming Commission held a public hearing on April IS, 2002, at which time all persons desiring to be heard concerning this application were given the opportimity 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 #02-2775. The property is located in the LR-IB, One Family Residential Zoning District. The Orono Planning Commission reviewed this application on April 15,2002 and recommended approval by a vote of 7 to 0. 4. The Planning Commission made the following findings of fact: A. Camps are listed as a conditional use in the “R” zoning districts. B. The property recently was granted a conditional use permit for construction of Page 1 of 6 a toilet and shower facility. C.The pavilion meets all required setbacks for accessory buildings located within a camp. D. The proposed use of the pavilion is primarily for picnicking and group gatherings. The 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 comments 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 10.20, Subdivision 3 (C) to permit construction of a 40’ X 76 ’ open air pavilion on the property subject to the following conditions: 1.The lighting shall be installed to screen any light source outside the building. Lighting shall be directed to only illuminate those areas contained within the structure. 2.The building shall be used for picnicking and group gathering and shall not be used for any activities not associated with the normal operation of the camp. 3.The building shall not be used for activities that would generate noise levels to exceed levels as regulated in the noise ordinance for residential properties. Page 2 of 6 4.Authorities granted by the conditional use permit run with the property not with the applicants. Applicant shall apply for a building permit within one year of Council approval (April 22,2003) or any approval granted within this resolution shall expire. 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. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 22""* day of April, 2002. ATTEST: Linda S. Vec, City Clerk Barbara A. Peterson, Mayor Applicant(s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 22nd day of April, 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 3 of? 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 1 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 Page4of6 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/affirmation wimess 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 .5 Page 5 of6 , Lot 11 Except the southeasterly 20 feet thereof. Auditor ’s Subdivision Number 207 of Hennepin County, Mirmesota, According to the recorded plat thereof on file or of record in the Office of the Register oV Deeds in said County. Page 6 of 6 V.;' >J U<T \ z^r v&^ fHf\Uot^MiD p/ffHpagtfW X%I^'C2 TO:Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Paul Weinberger, Zoning Administrator DATE:April 10,2002 SUBJECT: #02-2775 Temple Israel of Minneapolis 645 Tonkawa Road Conditional Use Permit Lot Area: 18 acres List of Exhibits: A B C D E F G H Application Plat Map Site Plan/Survey Pavilion Site Plan Pavilion Building Plans Site Photo Hardcover Calculation Worksheets Property Owners Notification List Application The Temple Israel property has been used as a camp property for many years, beginning as a scout camp, and now most recently for Temple Israel. The camp is known as “Camp Teko”. Camp Teko is a summer camp, with some occasional fall/winter/spring use. Summer camp sessions last about 12 weeks. There is a full-time caretaker that is in residence on the property year round. The campers and staff total appro.ximately 250 users. Camp Teko has proposed a conditional use permit to permit construction of a 40’ X 76’ open sided premanufactured open-air pavilion on the property. The building is approximately 12 ’ - 15 ’ in height, it would be a one story, wood framed building with a typical gabled roof The construction of the building would include a concrete slab on grade with support columns for the roof The intended use of the building is for picnicking and group gatherings. Applicants have also indicated additional work would include the general site work improvements to level the ground and to landscape around the building. There will be some minor corrections made to a drainage swale, included adding culverts under the paths that will be created for pedestrian access to the shelter. The trails will be gravel and connect the pavilion to the lake, chapel and parking areas. There would be lights installed within the ceiling of the pavilion, but no exterior lights are proposed. The Zoning Ordinance requires all lights within the building to be installed so the light source is not visible from any property line. No full lighting plan has been formally presented, but the lights are required to be installed so they are screened and only shine towards the ground. The lighting is a bit more sensitive in this case because the camp is located in a residential neighborhood. The property is located in the LR* 1 B district which lists “camps” as a conditional use. The property recently was granted a conditional use permit for construction of a toilet and shower facility that was constructed near the street. The LR-IB district is a one-acre single-family residential district. The pavilion construction is the first phase of a number of future improvements planned for the property. The property owners intend to remodel the existing buildings, construct new cabins, and add pedestrian trails on the property. This particular CUP is only for the pavilion building. The other improvements will be considered as a separate CUP application. Staff Recommendation Staff recommends approval of the conditional use permit to permit the pavilion to be constructed on the property subject to the following conditions: 1.The lighting shall be installed to screen any light source outside the building. Lighting shall be directed to only illuminate those areas contained within the structure. 2.The building shall be used for picnicking and group gathering and shall not be used for any activities not associated with the normal operation of the camp. 3.The building shall not be used for activities that would generate noise levels to exceed levels as regulated in the noise ordinance for residential properties. Planning Commbsion Options for Action 1. To approve. 2. To deny. 3.Table. 4. Other Action. ri A AppBatioii# O^OTyS' DateRecdvwl 'OO- AmountPaid 3S~0* «o CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address ^ H Type of Application to be Filed____ Property Identification Number (PJ.D.) JhNKfiuifk gomac« u» p» AmCM 2-3 -3 3 APPLIC^rr ^ Phone (home ) ___________ Name oAft RuiubiNk 6»HK<i/erLi»^hone (work ) Addressjg,^ RO. City _jj0ei&iiV^_ Zip g OWNER (if different than applicant) qyLtt^pName Address 2 ^(7*^ Phone (home)_ P ^Pi.5^ Phone (work)j liilcity \ieo zip_5satA5: Date Propg^jy/ I^l^do n^ Acquired also own the adjacent parcels of land. (month/year) FEES - CONDITIONAL USE PERMITS - _____$ 75.00 For each 'j,ariance request with CUP application $175.00 Residential Accessory Use X $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 Ciurent Application Fee OTHER APPLICATIONS _____$275.00 Commercial Site Plan Review (+ consultant fees) _____$300.00 Vacation _____$200.00 Easement Vacation _____$100.00 Easement Vacation With Subdivision _____ $350.00 Rezoning (PUD - refer to fee schedule) _____$375.00 Comprehensive Plan Amendment _____$100.00 Appeals _____Other - see Fee Schedule 775 06- Ifl- r - ... I- hri-j r* tuu m fMf 1.* LANDFORM ^ ••••••#•%It'tMtaia ^ SURVEY I/O UeT '■.,.?■ t J -^10-^ fW T» ■pfNH^rt^ \\ I ^1 . A 1 ' 1 /' / W^1?WMCH / / 1 • • • • - • p^t? aev^nwJ •• • : V- no [IT: Y 1 \• \ \ fvn/jec N I V I \ I i ^i I R^TM-TD »• • \ "N \ —fc^—!*-• —z^rv^t^ i_fA\flUohi MiP P/ffHCeigUlW . ^i*lf rv*j tsh^’d2 : rpfpmt ^»^#fto«^l <*««N imm» - ■ >WHn«^VK»’ p’. .•M%-'//-^^ -Y"'. . • .* ^ *4^ ' ' \[> - v' f • •'•;\:1''^ • • ? r.. %.-• f ,*.%v . .z-'^'^JC’- i ‘ ■/ _ -T^r,-- •'•?•■' 7'■'/ ■ •• \*cdel0J7SO SO i63‘Laminated Curved B<am with FibergLan ShingJt Steel Colurm Laminated Curved Beam Choose either a gable end or dutch hip end model. Choose your size. Utilizing basic v/idths (below), Litchfield lets you add 8' bay sections as needed. r * r I . I' I ,T«.iSiSi •.* l^lodeU1762 SO' M 52’Laminated Curved Sean i .ih Hip with hterglass ihm- glei. optional (upolc opt onol weathef tone Mode'417.^ 20 X 23 Laminated Curved Seam with pre cut metal roof and (uitom white 5 V*s/«^ columns ...----------------^n-r-*— Features • Widths: 12; 16; 20. 22; 24; 28; 30:40'and 50' • Lengths: 20'. 28. 36', 44*. 52'. 60.68' (48' bays) • Architectural Grade Laminated Beams • Tongue-and Croove Roof Decking • Columns of Pressure Treated Wood Options • Cedar Roof Decking and Fascia • Laminated or Steel Columns • Fiberglass Shingles • Cedar Shingles • Pre-Cut Metal Roof • Dutch Hip Model (left) • Wood or Steel Rail Sections • BBQ Vented Roof • Cupola n Q fy tF ^ AMERICA'S NUMBER ONE (HOKE EOR CUSTOM SHELTERS AND SITE FURNISHINGS TncinriD ^jNLiLOT.’tiA im: V ii '' • TTl - A'/75 6' V:'} 7ir /1 4/*- c <-Ro^ct '' Wi '|vr^f| VjJa,' « #?l *< 4* t. ;t f.-~ ,s. * "'i *• <T \ I "’ -41 ^ ^ .lii i ?Mf' I istif'v'f'.r'j* ■•• \“1.''. , • --•- ''•vr— , »♦.•\ I III «ami riti MiiftMi «ii*i« Ji ii^» im>MiiinrrTk^ii^ ii^k Mrfri4 rtrt-». . . .k.^. ' k.. ■»« It. .i»M*.iak7t ijrtttiatr u tm'iyitiiMi[^f>^j«.»ff%ffitliiw<iriii^l^^t¥r^,r-^^mrifcf-iirwT' t r> la UAKDCOVfiRcalculahon worksheet 3^zS/ 0^ SETBACK ZONEi (CIRCLB ONI) 79499’ 250-500* SOO-1000' 3 HABPCOVEB iW TfiNK ------ - ■ ^.5i^ AJ. IMIlkl£ X CAfflP % C. & Sidmk B. Pitlc/Dcd^ F. Within -I X X X X X X X X X ■i m TOTAL HARDCOVER IN ZONE TOTAL PROPF^TT AREA IN ZONE ♦ D 9/^ 99i7.9/ %100 • PROFflSED HAWnCOVICB IW Tf X Houh ___________ LUI*WUdi B. G««fi C. Privway D. SklewiBi E. Puio/Dcck F. UadcHiin ByPtastic O. OdiR \*.K * X » X X X X X X TOTAL HARDCOVER IN ZONE T0:rAL PKOPERTy AREA M ZONE _!*_________ ♦ B ____xlOO - 4^77 '708. UZP. 43 /Ch.OO S.F. ST. 8T. ST. ST. ST. S.F. ST. ST. ST. S.F. ST. ST. S.F. / 82l.St S.F. A 78.770.71 S.F. B /.I S.F. ST. S.F. S.F. S.P. ST. ST. S.F. ST. ST. ST. ST. ST. ST. ST. ST. A S.F. B C h 2, OJ =te Z lU CamB/N^ . n Tfeico, kH'S hardcover calculation worksheet 2l 2, SETIACKZONX: (CIRCLE ONI) 0-TS* POSTIWC ilA»| A. 4to«M C^^fnP 0*^S •I-kfVi SR If* 7.0W» /Xcr<«c^ X X . Sldtwtlk « X E. rMh«ed/ ^ (wraMne unown X X X X X G. total hardcover in zone TOTAL PROP^TY AREA IN ZONE ^^JiMeSLJ±^ ♦ B 2^£2gl^xl00 PROPOSED HARDCQVEtt ^ ZONir A. Hoim Ltocih P^lf/L/ON ----ito!.__WM .za : B. Gante C. Driviw^ D. SidcwiOc X X E. Pxiian>eck X X F. Laodicapa Undarlalo ByPtaMic C. TOTAL HARDCOVER IN ZONE 10 Coiv^e/No 27V. At. Z^.4»0 7?V7^ «r -B?g. A<> S^. At* gj. Zpr.^A. 8^7. «r JJ2..50 8.r Aa. S.F. /Zir.'y/ /7.S9 AF. AF. AF. /37.tO SfiS.tO si. A 2A^ 33S-.*L, AF. B ?3 SJf. 5 j O4^0 S.F. __________SJ'. __________AF. _AF. AT. AF. AF. ST. ,f<3a>AF. AF. ST. AF. AF. Adgg Azj(o_if. A S^r. B )C • »VER CAlXrULATION WORKSHEETT ^ jT^CjOl^MAX SETBACK ZONE: (CIRCLB ONE) ••W 7MM* O^SOO* | S00*1000' rXISTfHC HARDCOVER IN EONE A. tWtifie^s n _ * i_ s C Orfnvngr X M D. JSidimlk^X X E. PalioflDick/ . /iorsM$0 X X X X X C. Other \ TOTAL UAADCOVEIt IN TONE TOTAL PROFEIOY AREA IN ZONE A -H B X 100 d.Uj ^tK1 II A. Hohh > HAKfirOVirB IN TOWr WiM s* X X B. Giff^ C. Drlvfwiy X X D. Sidewalk E PadoDeck X X % X F. Leadteepe Ifedeflila By Plescic X % X O. Otur "fPitUei. TOTAL HARDCOVER IN 20HE TOTAL PROreRTY AREA IN OOP * B fSimi /nl90 • ■SSLSS.SJ. 477. ot %1. yb.4<i RF. SJ. SJ. 7^9. J ft SJ, ________SJ. zoAi'.aS’ jFb//. ifO SJ. Zzy.T/ sj. _5*K/T SJ. /A»«AO RF. l.SX ________sy. S.F. <»7 7fc A 3jy.Sh7.Bf S.F, B _i2L£k_H C I SJ. SJ'. 5.F. SJ. SJ. SJ. SJ'. ST. ST. ST. ST. ST. ST. XfOOO ST. X,000 ST. A ^ST. B ■TiTiAy ~-H Cj 5f •TN. *■ V ^ . ? !> dAnAS/AKta + ■ .*r&^A.sn*^.n .. . 1 1r, SETBACK ZONE: (CIRCLE ONE) [C-MARDCOVER W1 TilNK hardcover calculahon worksheet z 9‘V TESSO*2S0«S00*SM-ltfO* < MBU£ A. <^P BLO^i. B. C M: DVivcway ildtwOcSfo E J P«k[A)tck/ D S r. ViJwhtii X X X TOTAL HARDCOVER IN ZONE EA INZ< + 0 /^. 9i7f^A’x 100 TOTAL PROPERTY AREA IN ZONE A 32. A9>. fS wioxosxn Max A. Homm R IN ZONE VMA B. Cirt|« C Mvcway D. Sidewalk E PtfloA>eck F. Laodwape Ondcrialn By PlMde G. Oiia TOTAL HASDOOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _J*_ _ _ _ _ ♦ B _ _xtOO /2.O. ASv5727 10 Ifc iUN DATE #5/22/12 HENNEPIN COUNTY PROfCATV XNFOmUTION SYSTEH PROPERTY OHNERS LIST REPORT NO. PX^3SA#I PACE ^ iATCN SIA PROP AOOR ONNER NANC TAXPAYER NAHE/AOOR SR #5-117-23 32 ###A ##55# TONKANA RO A N CARLSON ET AL TRUSTEES N C NELSON IRC 0A6E C/0 TONXAUA INC P O ROR 55159 NPLS NN 55959 PROP AOOR ONNER NANE TAXPAYER NANE/AOOR 36 #5-117-23 33 ###5 ###5# TONKANA RO J H ADAIR S N AOAIR JEANN1N6 N i MICHAEL ADAIR #5# TONKANA RO LONO LAKE NN 5535# PROP AOOR ONNER NANC TAXPAYER NANE/AOOR 36 #5-117-23 33 ##1# ###6# TONKANA RO NELINDA LEE NELINOA LEE #6# TONKANA RD LONO LAKE NN 5535# PROP AOOR ONNER NANE TAXPAYER NANE/AOOR 36 #5-117-23 S3 ##13 ###92 TONKANA RD RARRARA PUOH RARRARA PUOH #92 TONKANA RD LONO LAKE NN 5535# PROP AOOR OWNER NANC TAXPAYER NANE/ADOR 36 #5-117-23 33 ##1# ##### TONKANA RD DONALD N LINOALL DONALD LINOALL ### TONKANA LONO LAKE NN 5535# PROP AOOR ONNER NANITaxpayer NAHE/ADDR 36 #5-117-23 33 ##19 ###95 TONKANA RD TiNPLC ISRAEL OP HINNEAPOiXS TCNPLC ISRAEL OP NXNNCAPOLIS 2329 EMERSON AVC S NPLS NN 559#5 » ♦ - * •>* 36 #5-117-23 32 ###5 •#52# TONKANA RD NO At^RlCAN FINANCIAL CORP NO AMERICAN FINANCIAL CORP 2 CARLSON PKNY 0975 PLYMOUTH NN 55997 36 #5-117-23 33 ###3 ##755 TONKANA RO J t L ROGERS JOHN C t LOIS A ROGERS 755 TONKANA RD LONG LAKE NN 5535# 36 #5-117-23 33 ###6 ###76 TONKANA RD DAREL J LEIPOLD DAREL J LEIPOLD #76 TONKANA RD LONG LAKE NN 5535# 36 #5-117-23 S3 ##09 ###7# TONKANA RD GEORGE L TORKELSON ETAL GEORGE L TORKELSON #7# TONKANA RO LONG LAKE NN 5535#) 36 #5-117-23 33 #011 ###69 TONKANA RD R E DCUrLER INK DEUTLER ROBERT E i NENOY K DEUTLER 1331 ARM DR N ORONO NN 55391 36 #5-117-23 33 #012 0##90 TONKANA RO N S BRADLEY ION BRADLEY MICHAEL S 6 OLIVIA N BRADLEY 13905 IVYNOOD ST N N ANDOVER NN 55309 36 #5-117-23 33 0019 ##7## TONKANA RD T H SPOONER I J N SPOONER TED N SPOONER 1##65 SUMAC CIR EDEN PRAIRIE NN 55397 36 05-117-23 33 #015 #0712 TONKANA RD THOMAS P GOODYEAR THOMAS P GOODYEAR 712 TONKANA RO LONG LAKE NN 5535# 36 #5-117-23 33 0017 ###9# TONKANA RO MICHAEL A CLEMENTS MICHAEL A CLEMENTS #9# TONKANA RO LONG LAKE NN 5535# 36 05-117-23 33 #016 ###3# TONKANA RO N A I S N CLEMENTS MICHAEL A 6 SUSAN N CLEMENTS #9# TONKANA RD NINNETRISTA NN 55S#9 1 36 #5-117-23 39 ###1 ##722 TONKANA RD STANLEY S SANOXPORO STANLEY S SANDIFORO 722 TONKANA RO LONG LAKE NN 5535# 36 #5-117-23 39 ###2 #072# TONKANA RO P J MIDDLETON ET AL P J 6 K J NXOOLETON 72# TONKANA RO LONG LAKE NN 5535# \ I J •; RUN DATE iS/22/02 iATCH 51A HENNEPIN COUNTY PROPERTY INFORNATION SYSTEM PROPERTY OWNERS LIST PROP ADDR OWNER NAME TANPAYER NANE/AODR SR IS-117-2S S4 RROS RR724 TONRAWA RD R N A L N LARSON TRUSTEES ROiERT N LARSON 72R TONRAWA RD LONG LARE NN 553S4 36 05-117-23 SA OOOA 007AO TONRAWA RD ALAN J UPIN TRUSTEE ALAN J UPIN 7A0 TONRAWA RD LONG LARE HN 55356 PROP ADDR OWNER NANE TANPAYER NANE/AODR SR 05-117-23 3A 0004 00750 TONRAWA RD LAWRENCE W EDELNANN LAWRENCE W EDELNANN 1034A QUAIL CROWN DR NAPLES FL 3AIIO 3R 05-117-23 SA 0007 00740 TONRAWA RD CHARLES A DERTELSON CHARLES A DERTELSON 740 TONRAWA RD LONG LARE NN 55354 PROP ADDR DWNER NANE TAXPAYER NANE/AODR 3R 05-117-23 SA 0000 0077A TONRAWA RD ANN C FISHER ANN C FISHER 77A TONRAWA RD LONG LARE NN 55354 35 04-117-23 A1 0072 OAO30 ELN ST G N RCSCOE i R N ROSCOE GEORGE N ROSCOE AOSO ELN ST LONG LAKE NN 55354 PROP ADDR OWNER NANE TAXPAYER NANE/ADOR SR 04-1I7-2S Ai 0001 00401 NINNETONKA HOLD LA C CURTIS LEE i WIFE C CURTIS LEE 401 NINNETONRA HIGHLAND LANE LONG LARE NN 55354 3R 04-117-23 Al 0006 00525 TONRAWA RD A 0 t V A HOLN ARNE 0 R VIRGINIA A HOLN 525 TONRAWA RD LONG LARE NN 55354 PROP ADDR OWNER NANE TAXPAYER NANE/AODR SR 04-117-23 AA 0003 00450 NINNETONRA HOLD LA J L BERG I S R BERG JOHN L BERG R SHARON R BERG 450 NINNETONRA HIGHLAND LN LONG LARE NN 55354 SR 04-117-23 AA OOOA 004R0 NINNETONRA N6LD LA C E FLEN1N6 JR R L P FLENING CHARLES R LINDA FLEMING JR 4R0 NINNETONRA HIGHLAND LA LONG LARE NN 55354 OWNER NANE TAXPAYER NANE/ADOR 35 •04-117-23 AA 0004 00459 NINNETONRA N6LD LA R N R R L SPEETER RICHARD N SPEETER 459 NINNETONRA HOLD LA LONG LARE NN 55S54 35 04-117-23 AA 0007 00449 NINNETONKA HOLD LA R A HUNPHREY R C R HUNPNREY ROBERT NUNPHREY 449 NINNETONKA HIGHLAND LA LONG LARE NN 55354 • • / • REPORT NO. P1A35A01 PAGE A5 36 05-117-23 3A 0005 007A4 TONRAWA RD E A CALDWELL t N T CALDWELL EDWARD A t NARY T CALDWELL 7A4 TONKAWA RD LONG LAKE NN 55354 36 05-117-23 3A 0006 00770 TONKAWA RD T S R S J OKERSTRON THOMAS S I SUSAN J OKERSTRON 770 TONKAWA RD LONG LARE NN 55354 36 04-117-23 41 0060 00415 NINNETONKA HGLD LA JESSICA R NEWMAN JESSICA R A JOSEPH L NEWMAN 415 NINNETONKA HGLD LA LONG LAKE NN 55554 36 04-117-23 41 0104 00036 ADDRESS UNASSIGNED K L FULLER-FEYO ETAL W/L EST KAREN FULLER-FEYO 1477 LUNG LAKE RD NEW BRIGHTON NN 55112 35 04-117-23 44 0005 00449 NINNETONKA HOLD LA S V SWANTEK IPG SWANTEK TR STEPHEN i PATRICIA SWANTEK 449 NINNETONKA HOLD LA LCNIG LARE HN 55354 36 04-117-23 44 OOOR 00479 NINNETONKA HGLD LA R 1 V NELSON ROBERT P R VIOCY A NELSON 479 NINNETONRA HIGHLAND LA LONG LAKE NN 55354 1 1 KM OATC tS/22/K ■ATCN H4 ONNCR NM« TAXPAVER NANC/AMM ! . PROP AOOR ONNER NAME TAXPAYER NANE/AOOR HENNEriN COUNTY PROPERTY INFORHATION SYSTEN PROPERTY OWNERS LIST REPORT NO. PXASSAtl PACE AA SR RA-lir-RS AA •••« •RAYA NXNNETONKA HOLD LA L A A QABRAN UMRENCE H CAORAW AYR NXNNETONRA NICHLAND LANE lONC LAKE HN SS5SA SR RA-U7-2S AA YYIY •Y7YY HINNETONKA NCLD LA CLEN T NEOOERNEYER ETAL CLEN T NEOOERNEYER 7RY NXNNETONRA HIGHLAiO LA LONG LAKE NN SS3SA SR YA-117-2S AA till YY71Y HINNETONKA HOLD LA R C SUNORERG A L H SUNORERG RICHARD C A LXSA H SUNORERG 71Y HINNETONKA NCLD LA LONG LAKE HN 5SS5A SR RR-XX7*2S 21 RRRl RRRRl TONRANA RD D R POHXJE A J POHIJE DAVID R PONIJE RRX TONRANA NO LONG LAKE HN 5SS5A TOTAL RATCH 51A ORRAR u-« X CERTXPV THAT THE FACTS REPRESENTEO ARE AN ACCURATE ANO TRUE #2 i a0 ■ •*> • • *) • . } 1 Complete Date: 3/26/D2 60 Day Deadliae: 5/2S/02 REQUEST FOR COUNCIL ACTION APR 2 2 2002 CITY OH ORONQ DATE: April 18. 2002 ITEM NO.: | I Department Approval: Name Paul Weinberger Title Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: Zoning District: List of Exhibits #02*2778 Kevin Manley 1973 Fagemess Point Road Variances LR-IC • Single Family Lakeshore Residential District (1/2 acre) A Resolution B Site Plan C Planning Report (April 10, 2002) Application The property owner has requested a two-part variance application. 1. To raise the existing house from a I 'A story to a full 2 story. The variance is required because a portion of the building expansion is located within the 75’ lakeshore setback. The second story addition would raise the building height by approximately 10'. The total building height would be defined as 22’, below the 30’ standard. 2. To permit construction of a 14 ’ X 8’ deck located between the garage and house. The deck requires variances to permit the total hardcover to increase from 27.7% to 30.2% in tne 75*250’ setback where 25% is allowed. A second variance is required to allow the total lot coverage by structure to increase from the existing 1,901 s.f. (18.3%) to 2,013 s.f. (19.4%) where 1,553 s.f. (15%) is allowed. Planning Commission Recommendation By a vote of 7 to 0 the Planning Commission recommended approval of the variance to permit the second story expansion based on the fact the building was constructed in its current location prior to the adoption of the zoning ordinance, no expansion to the building footprint is proposed, and there would be no further impact within the average lakeshore setback. By a vote of 7 to 0 the Planning Commission recommended denial of the variances to permit a 14 ’ X 8’ deck addition between the walkway and garage based on the following: #02-2778 Kevin Manley 1973 Fagemess Point Road Page 2 of 2 ___________ 1. The deck would add additional hardcover and structure to the property. The deck requires variances to permit the total hardcover to increase from 27.7% to 30.2% in the 7S-2S0 ’ setback where 2S% is allowed. A second variance is required to allow the total lot coverage by structure to increase from the existing 1,901 s.f. (18.3%) to 2,013 s.f (19.4%) where 1,SS3 s.f. (15%) is allowed. 2. Over the past several years the City of Orono has not approved variances that would allow additional building mass on properties that are currently over 15% structural lot coverage. 3. The property has lakeshore to the northwest side of the property and directly across Fagemess Point Road. Additional hardcover on the property has the potential to contribute to direct runoff of storm water to the lake. Approval of such a variance would be inconsistent with the intent of the Comprehensive Plan’s Environmental Protection Plan. 4. Such an approval would be inconsistent with other actions taken by the City for lots that have lakeshore on more than one property dimension. Stair Recommendatioa Staff recommends approval of the variances to permit raising of the roof elevation to complete a second story addition. Staff recommends denial of the variances to permit an increase to structural lot coverage increasing the total lot coverage from 18.3% to 19.4% where 15% is allowed. COUNCIL ACTION REQUESTED Staff has drafted a resolution that approves the variances to permit raising the roofline to create a full second story, and to deny the variances to increase structural lot coverage for a deck addition. . 1 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1; SECTION 10.56, SUBDIVISION 16 (C) (6) AND DENIAL OF VARIANCES TO SECTION 10.22, SUBDIVISION 2, SECTION 10.56, SUBDIVISION 16 (L) (2), AND SECTION 10.03, SUBDIVISION 14 (C) FILE NO. mi-rm WHEREAS, Kevin Manley, of Manley Brothers Construction, (hereinafter "the applicant") is owner of the property located at 1973 Fagemess Point Road within the City of Orono (hereinafter "the City") and is legally described as follows: Lot 7, Fagemess, 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 April IS, 2002, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicant applied to the City of Orono for variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16 (C) (6) to permit an expansion of the roof line and raising the roof within 75' of the lakeshore; and for variances to Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit additional hardcover within the 75-250’ lakeshore setback over 25% and to Section 10.03, Subdivision 14 (C) to permit additional structure over 15% on the property. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #02-2778. 2. The property is located in the LR-IC (14 acre) One Family Lakeshore Residential Zoning District. Page 1 of 6 The Orono Planning Commission reviewed this application on April IS. 2002 and recommended approval on a vote of 7 to 0 for variances based upon the following findings and hardships: A. The second story addition will not increase the footprint size of the house. B. There is no expansion of the building envelope within the average lakeshore setback. C. The house was constructed prior to the current zoning standards requiring a 75* lakeshore setback. The Orono Planning Commission reviewed this application on April 15. 2002 and recommended denial on a vote of 7 to 0 for variances to permit expansion of the deck between the garage and house based on the following findings: A.The deck would add additional hardcover and structure to the property. The deck requires variances to permit the total hardcover to increase from 27.7% to 30.2% in the 75-250’ setback where 25% is allowed. A second variance is required to allow the total lot coverage by structure to increase from the existing 1,901 s.f (18.3%) to 2.013 s.f (19.4%) where 1,553 s.f. (15%) is allowed. B.Over the past several years the City of Orono has not approved variances that would allow additional building mass on properties that are currently over 15% structural lot coverage. C.The property has lakeshore to the northwest side of the property and directly across Fagemess Point Road. Additional hardcover on the property has the potential to contribute to direct runoff of storm water to the lake. Approval of such a variance would be inconsistent with the intent of the Comprehensive Plan ’s Environmental Protection Plan. D.Such an approval would be inconsistent with other actions taken by the City for lots that have lakeshore on more than one property dimension. Page 2 of 6 5.The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the 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. 6.The City Council has considered this application including the findings and recommendations of the Plarming Commission, reports by City stafl', comments by the applicant and the e^ect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16 (C) (6) to permit an expansion of the roof line and raising the roof within 75* of the lakeshore; and denies variances to Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit additional hardcover within the 75-250’ lakeshore setback over 25% and to Section 10.03, Subdivision 14 (C) to permit additional structuie over 15% on the property, subject to the following conditions: L Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (April 22, 2003). 2.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. Page 3 of 6 3.The undersigned applicant 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 22nd day of April, 2002. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 22nd day of April, 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 dayThe foregoing instrument was acknowledged before me on this______ of________________, 200 ____by Linda S. Vee, City Cleric of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public 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/aflirmation, a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Page 5 of 6 I STATE OF MINNESOTA COUNTY OF HENNEPIN On this dpy of 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, a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Page 6 of 6 • . -Tiir pr’^br'-'^-j—^outouk\ I ^•'ip ^1 _I -a ^ ' ^ ^<2srjr’* *» <>tad^k*v.***** ***■ • ^ TO:Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Paul Weinberger, Zoning Administrator DATE:April 10,2002 SUBJECT:#02-2778 Kevin Manley 1973 Fagemess Point Road Variances List of Exhibits: A B C D E F G Application Plat Map Elevation Sketches Floor Plans Property Site Plan/Survey Hardcover Calculation Worksheets Property Owners Notification List Application The property owner has requested a two-part variance application. 1.To raise the existing house from a 1 '/i story to a full 2 story. The variance is required because a portion of the building expansion is located within the 75 ’ lakeshore setback. The second story addition would raise the building height by approximately 10’. The total building height would be defined as 22’, below the 30’ standard. 2.To permit construction of a 14’ X 8 ’ deck located between the garage and house. The deck requires variances to permit the total hardcover to increase from 27.7% to 30.2% in the 75- 250’ setback where 25% is allowed. A second variance is required to allow the total lot coverage by structure to increase from the existing 1,901 s.f. (18.3%) to 2,013 s.f. (19.4%) where 1,553 s.f (15%) is allowed. Review of Project The second story addition will only raise the roof to create a full second story. There will be no work occurring outside the existing foundation. The variance is required to permit an expansion to the building w ithin 75 ’ of the lakeshore. No increase to hardcover or strucUire is proposed. The total hardcover and structure has been reduced since Manley Brother’s Construction has taken ownership of the house. They have removed a la^e lakeside deck that was within 75 ’ of the lakeshore that cannot be replaced. The house encroaches 8 ’ into the average lakeshore setback. The second story expansion has been designed to not raise any part of the roof line within the average lakeshore setback. 8- The deck variance request is to permit a new 14* X 8’ deck between the garage and house. There is an existing interior walkway between the two structures. There is an above ground walkway that allows access to an existing deck above the garage. The walkway and deck above the garage were permitted variances to replace decks last year. The deck in question would allow the walkway to be widened by constructing a deck to the west side of the walkway. The primary issue is the deck will increase hardcover and structure on the property. A deck had been located in this area prior to being voluntarily removed about 2 years ago. There was no intent to replace that portion of the deck when the variances were approved to allow the deck above the garage to be replaced. Existing Building Permits The property owners have permits for the following. 1. 2. 3. To permit replacement of decks and railings for the walkway between the garage and house, and to replace the decking above the garage. (Variances approved in 2001. Zoning Application No. 2668) To permit replacement of second story dormers in the second story of the building. (Variances approved in 2001. Zoning Application No. 2668) To permit basement level and main level interior remodeling. Other Outstanding Issues A previous property owner had constructed retaining walls and regraded the shoreland area within 75’ of the lake. Staff required the retaining walls to be removed and the lakeshore restored. The current property owner removed the retaining walls in February, 2002. Mr. Manley is in the process of having a lakeshore restoration plan designed that will develop a plan that will complete the restoration and provide erosion control. The lakeshore restoration design has not been completed. If the lakeshore restoration requires retaining walls and/or land alteration that would change the preexisting grades, a conditional use permit and variance application would be required. Staff Recommendation Staff recommends approval of the variance to permit the second story expansion based on the fact the building was constructed in its current location prior to the adoption of the zoning ordinance, no expansion to the building footprint is proposed, and there would be no further impact within the average lakeshore setback. Staff recommends denial of the variances to permit a 14’ X 8’ deck addition between the walkway and garage based on the following: 1.The deck would add additiotud hardcover and structure to the property. The deck requires variances to permit the total hardcover to increase from 27.7% to 30.2% in the 75-250* setback where 25% is allowed. A second variance is required to allow the total lot coverage by structure to increase from the existing 1,901 s f. (18.3%) to 2,013 s.f. (19.4%) where 1,553 s.f. (15%) is allowed. 2 afcii>rT-ni 2. Over the past several years the City of Orono has not approved variances that would allow additional building mass on properties that are currently over 15% structural lot coverage. 3. The property has lakeshore to the northwest side of the property and directly across Fageraess Point Road. Additional hardcover on the property has the potential to contribute to direct runoff of storm water to the lake. Approval of such a variance would be inconsistent with the intent of the Comprehensive Plan’s Environmental Protection Plan. 4. Such an approval would be inconsistent with other actions taken by the City for lots that have lakeshore on more than one property dimension. Planning Commission Options for Action 1. To approve. 2. To deny. 3.Table. 4. Other Action. A AnritallMi * da-ATTP Date Received CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 (SSO.OO per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 Afier-the-Fact Fees (Double application fee) Amount Paid _3i30- PROPERTY INFORMATION Site Address__________ Property Identification Number (PJO.). Attach legal description to apnlication if not included on required survey. Date Property Acouired ___________________________ I (do) (do not) also own a^^nt parcels of land. Present use of property: ^ residential ___pother (specify)________ Zoning District:^_____________ .(month/year) APPLICANT Name Address : 'jn^ d.- Phone fliome> PhoneX~ ____Zip:,j^^/^3_ OWNER (if different than applicant) Name _______________ Phone (home). Phone (work)_ Address:City:.Zip:. DESCRIPTION OF REQUEST Estim^ed Construction Cost S . Describe request in detail: IheuhU^ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area ___ Lot Width Setback:Front ^ Hardcover Side __Rear .Lot Coverage Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or. unusual property conditions preventini compliance with 2^ning Code reqinrements: (attach additional sheets if necessary) #2778 E 7R® o> RESIDENCE FOR: _ . . _ ; ...........KEVIN & JANET MANLEY MANLEredNsr. ^1 • . • .... •I ! •'V-W ^t. m I fM9'TT4M> I fJhttAotm ; ■ 1 1 1 I »•. • •.1 ••••• • •s 0 i •• •. • • •-• ••* • • ^ O Plaheo kie. ** V »•/. iC~lli ;.*»■> •. • » * • i I • •••» .1* *! I »• I • J - • • ••! t 4 • . r ' li: »« I V. ..1. I. «• OPtonoolne. * •i ..|.„ I ! . f. i I i '!• • ••• f • I ;■ I •! • ( !. I. •jT .j‘. n a •••XI ,, 1- •■■■ ■ •’ .* ;»___________________________ n .t ■ f1/ *A I-. .<. n • • » PI >1. ^°'^tour I ^ 1 ^ f+- II It 947.36 r%. •*. ✓ 20.2 ' ' '' \ fS to *f \ S 2 w I«\ O SE 5 i. oi 2 V** I ^ \iO 322 ton. 95-230 HSi \ Z +o —ns Wir ^1 ^ J I a \ STORY FRAME #1965 • 2 AiMtiAt •» HARDCOVER CALCULATION WORKSHEET 1RCXEOKI9 msr tsa^soar A. Kcust rsr. HAHDCOVER IN ZOWE SQO-ioo(r F /of 2 s X X B. Crngt */ C Dfivewiy X X rj. sidtwxik V^VoyW E. Palio/D«k__________ X X X X F. Lacdscape Undert^ By Piudc X X G. Ocher TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE , ^ X ICO pB ppnsgP HARDCOVER IN ZONE A. House ------------ Uafiii viea B. Cange C Drivevay D. Sidewalk E. Pado/Oeck F. Landscape Underlah By Piasde X X X G. O&er TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ♦ B ____xIOO SJ. SJ. SJ. SJ. SJ. ss. Qn . .• SJf. SJ. Sj. S.F. S.F. SJ. SJ. 'Z.Cd^ S.F. S.F.ICiJlo S.F. A s.Fr BizZS_’^ S.F. ST. S.F. ST. S.F. S.F. ST- ST. ST. S.F. S.F. ST. ST. ST. ST. jST. A ST. B " H •i HARDCOVER CALCtXATlON WORKSHEET SETBACK ZONE: (CIRCLE ONE) Q.7F * F EXISTING HARDCOVER IN ZONE A. Kcuie X X X B. Cange • • • • C Driveway X X D. Sidewalk X X E. Pado/Dedc X X F. Landscape Underlam By Plastic X X X G. Other ' TOTAL HARDCOVER tN ZONE TOTAL PROPERTY AREA IN ZONE _____ B X ICO PROPOSED HARDCOVER IN ZONE A. House_________ X Ueftfi Widh X X X B. Garage C. Drivw*ay D. Sidewalk X X E Pado/Deck X X F. Landscape Underlain By Plasric X X X C. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONc ♦ B ____xlCO 500-1000* ■> f2 ^'UT— sj. Sf. SJ. SJ. S.F. *73 SJ. •• 'SJ. • .* SJ. SJ. SJe__ SJ. SF. SJ. SJ. 13 S.F. / Z.VV S.F. A sr B ^7.1 % S.F. SJ. S.F. S.F. S.F. S.F. SJ. SJ. SJ. m S.F. </« C K SJ. SJ. SJ. SJ. SJ. ISSU. -SJ. A S.F. B iUN DATE tS/ia/AE tATCH 5A2 Ptor ADOt QUNER KAHE TARfAVER NAHE/AODR PROP ADM ONNER NAME TAXPAYER NAHE/ADOR HEIRiEPIH COUNTY PROPERTY INFOMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PXASMfl SR 1R-U7-2S 14 RttR •1475 FAOCRNESS POINT RO JOHN X PURDY ETAL JOHN K PUROYwvvWN M W wRROR V 1475 PAOERNESS PT RD WAYZATA NN 55S41 SR 1R-117-2S 14 RiRY RI4R5 PAOERNESS POINT RO* 0 L EKLOP R C P LEE * OARY EKLOP / CATHY LEE 1445 PAOERNESS PT RD WAYZATA HN 5SS41 I <1 D PAGE SR 1R-117-2S 14 RttP •1471 PAOERNESS POINT RO W L DELAY t L A DEUY WILLIAM L t LORI A DELAY 1471 PAOERNESS POINT RD WAYZATA NN 55S41 SR 1R-117-2S 14 •••R •147S PAOERNESS POINT RD HANLEY DROTNERS CONST INC MANLEY DROTNERS CONST INC 444 LENIE CT EAGAN HN 5512S SR 1R-117-2S 14 ••!• •1455 PAOERNESS POINT RD M S IVES • K P GENPLER MARIS IVES R KARLTON OEMPLER 1455 PAOERNESS POINT RO / WAYZATA MN - - TOTAL DATCH 542 ••••5 55S41 X CERTIFY THAT THE PACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OP INFORMATION AS XT APPEARS THIS DATE ON THE RECORDS OP THE HENNEPIN COUNTY DEPARTMENT OP PROPERTY TAXATION, TO THE REST OP MY KNOWLEDGE AND RELIEF. DATE iVoZ^Wi I • • • • V - 1 • ^ • ^ >-ri- •■rrT REQUEST FOR COUNCIL ACTION DATE:AprU 22,2002 ITEM NO: j jo. Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed: Item Description: Extension of Subdivisitm at 879 Brown Road North Agenda Section: City Administrator ’s Report The Council had adopted a resolution extending the subdivision of the property at 879 Brown Road North to February of 2002. The necessary recording of alt required documents did not occur until after the date of the extension. There is a closing on the property scheduled for 9:00 a.m. on Tuesday, April 23. In order to ensure the recording of the subdivision is legally proper, it is necessary that the Council adopt a resolution further extending the subdivision to a date subsequent to the recording of all necessary documents. All requirements of the City related to the subdivision have been met. A resolution extending the subdivision to May 31, 2002 is attached for Council adoption. Note: If the Council is comfortable doing so, staff suggests placing this item on the consent agenda, as this is a non-controversial item, and the property owner will be at the meeting to pick up the resolution for tomorrow ’s closing. COUNCIL ACTION REQUESTED: Motion to adopt a resolution extending the subdivision at 879 Brown Road North to May 31 ,2002. m-m ! I II ii '1 f - - <. iVjhm GITYoTORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING AN EXTENSION OF APPROVAL FOR REARRANGEMENT OF A COMMON PROPERTY LINE FILE NO. 2615 WHEREAS, on October 9,2000 the City Council of the City of Orono adopted Resolution No. 4534 granting approval of a rearrangement of a common property line involving the properties located at 879 Brown Road South; and WHEREAS, the applicants have provided the revised legal descriptions for the new property lines; and WHEREAS, the effective period for subdivision approval requires extension prior to recording the new property descriptions; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orono that the effective period of subdivision approval for DSR Investments, L.L.C. for property located at 879 Brown Road North as originally approved per the conditions of Resolution No. 4534, adopted on October 9,2000, and extended to February 27,2002, is hereby further extended to May 31,2002. Page 1 of 2 - *1^''. r:i, .V ' I ' I'.I Ir ^ .t . k.rd*- fa m .1 ■>! bT o GITYofORONO RESOLUTION OF THE CITY COUNCIL NO. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting heard this 22"^ day of April, 2002. ATTEST: Rachel Dodge. Deputy City cfcrk Barbara A. Peterson, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 22"^ day of April, 2002, by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal coiporation and sai instrument was executed on behalf of the City. Notary Public c STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 22"^ day of April, 2002, by Rachel Dodge, Deputy City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. /miJ, Notary Public Page 2 of 2 L., I . I . ’U , . ■>- - - rf- ' d c-. w.... ■ - - ^. REQUEST FOR COUNCIL ACTION CO(,tMr>ii meeting APR 2 2 2002 CIIY Uh UHUi^iU DATE: April 22,2002 /> ITEM NO. Department Approval: Name Gregory A. Gappa Title Director of Public Services Adminbtrator Reviewed:Agenda Section: Public Service Director’s Report Item Description: Seasonal Employees for Golf Course Council approval of seasonal employees for the Golf Course is required. We are proposing a pay range of $7.50 to $8.19 per hour for this season. New employees earn $7.50 per hour for the first year. Returning employees earn more each year until the maximum rate is reached in four years. The propo.sed wage rates are an increase of 3.5% over the 2001 season hourly rates. Seasonal employees are hired under two different provisions of the PERA rules. Two employees will be hired under the 6-month rule which allows unlimited earnings for a 6-month maximum time period. These are the main employees with the majority of the hours during the season. The remainder of the employees work fewer hours and will be hired under the PERA maximum earnings provision which limits earnings to $425 per month without any restrictions on the number of months worked. As the open positions are filled the new employees will be presented for council approval. LIST OF SEASONAL GOLF COURSE EMPLOYEES Employee 2002 Hourly Wage Rate Gary Peickert (6 month employee) John Stork (6 month employee) Zach Millard (6 month employee) Open Position (6 month employee) $7.98 $7.98 $7.50 $7.50 Dan Oas Bill McIntyre John Ross Jan Blair Fred Abrahamson Marshall Hambro Open Position $8.18 $7.98 $7.98 $7.98 $7.75 $7.50 $7.50 Returning Employee 1»4J^/-« -r-lA jr- 4*, COUNCIL ACTION REQUESTED: Motion to approve a seasonal employee pay range of $7.50 to $8.18 per hour for the 2002 season. Motion to hire the seasonal employees listed at the proposed wage rates and under the applicable provisions of the PERA rules. <4: ' ii*^ tudf ifftai'i TO:Greg Gappa, Public Services Director FROM:Ron Steffenhagen, Golf Course Superintendent DATE:April 17.2002 SUBJECT: Golf Course Seasonal Employees LIST OF PROPOSED SEASONAL GOLF COURSE EMPLOYEES Employee 2002 HourK’ Wage Rate Gary Peickert (6 month employee) John Stork (6 month employee) Zach Millard (6 month employee) Open Position (6 month employee) $7.98 S7.98 $7.50 $7.50 Dan Oas Bill McIntyre John Ross Jan Blair Fred Abrahamson Marshall Hambro Open Position $8.18 $7.98 $7.98 $7.98 $7.75 $7.50 $7.50 Returning Employee The employees listed as six month employees will be hired for a 6-month time period under the PERA rules with no limit on earnings. Ail of the other employees will be limited to maximum earnings of $425/month under the PERA rules. There are seven returning employees. The proposed hourly wage rate range is from $7.50 to $8.18 per hour. This is an increase of 3.5% over the 2002 wages. The wage rates for returning employees are based on the number of years they have worked as seasonal employees. There is four step process for returning employees to reach the maximum pay range. 1 am currently in the process of interviewing employees to All the open positions. •T^ V^ —*.VJf . , C L 200^ cvtv ohono REQUEST FOR COUNCIL ACTION DATE; April 17,2002 ITEM NO: j3 Department Approval: Name Lin Vee Adminbtrator Reviewed: Title City Clerk Agenda Section: City Administrator's Report Item Description: Establish New Voting Precinct Boundaries and Reestablish Polling Place Locations - Resolution Attachments:Exhibit A - Resolution Exhibit B - Precinct Boundary Map Showing Old and New Precincts 2000 Census and Redistricting Background Following the national census conducted every ten years, state law requires the adoption of a redistricting plan to ensure “equal representation" by having roughly the same number of persons contained within each congressional and legislative district. The following table shows representation in Orono: District Prior to 2000 Following Redistricting Federal Congressional District 3 3 State Senate Districts Precincts 1, 3,4 34 33 Precinct 2 43 33 State House Districts Precincts 1,3,4 34B 33B Precinct 2 43A 33B Redistricting of Precincts As part of the redistricting process, each city is required to adopt a resolution to either reestablish or redistrict precinct boundaries. The following criteria were considered during the review process to determine if any precinct changes were necessary: 1.Cannot be divided by an elective district boundary (except school districts) such as Wards, Legislative or Congressional districts. 2. Strongly encouraged to follow school district boundaries where possible. A Request for Council Action continued Page 2 April 17,2002 Establish New Voting Precinct Boundaries and Reestablish Polling Place Locations - Resolution 3.No population or geographic size requirement in statutes for precincts (only for legislative districts). Precincts to be of a size where elections can be administered efficiently. 4.Must follow recognizable physical features such as highways, rivers, railroads, drainage ditches, etc. 5. Strongly recommended to follow census block boundary lines where possible. 6. Cannot cross county or city boundaries. Upon completion of the precinct boundaiy review, staff has identified changes to boundaries for Precincts 1, 3, and 4 that would make election administration much more efficient. The recommended changes meet all of the criteria identified above. Exhibit B, attached, is a map showing the current precinct boundaries (shown by a dashed line) and the proposed changes (shown by four dilTercnt colors). Listed below is a summary of the changes. Precinct 3 - Since Precinct 3 currently lies within three school districts (Orono-278, Mound-277 and Minnetonka-276), the precinct line should be redrawn to match the Mound school district. This would move approximately 300 voters who belong to the Orono school district to either Precinct 1 or 4. Big Island is the only area affected by the Minnetonka school district, and there arc no registered voters on Big Island at this time. The most significant change is that residents of Tonkawa Road will move from Precinct 3 to Precinct 1. Precinct I - Of the 300 voters moved from Precinct 3, approximately 260 voters would be moved to Precinct 1, which includes the area south of Bayside Road and west of the extension of Stubbs Bav Road. Precinct 2 - No change is recommended. Precinct 4 - Of the 300 voters moved from Precinct 3, approximately 40 voters would be moved to Precinct 4. This would include the area north of Bayside Road and west of Stubbs Bay Road. In addition, approximately 10 voters near the intersection of McCulley Road and Bayside Ro^ would be moved to Precinct 3 since they are part of the Mound school district. ( 1 » ! Request for Council Action continued Page 3 April 17,2002 Establish New Voting Precinct Boundaries and Reestablish Polling Place Locations - Resolution Polling Place Locations The proposed precinct boundary changes will not change the current polling place locations, which are as follows: Precinct 1 - Minnetonka Center for the Arts Precinct 2 • Freshwater Biological Institute Precinct 3 • Lakeview Golf Club Precinct 4 • Orono Council Chambers Minnesota Statutes also require that a resolution be adopted to reestablish unchanged polling place locations. Staff Recommendation Staff recommends that the precinct boundary lines for Precincts 1,3 and 4 be redrawn as indicated on the attached map, and that the attached resolution for redistricting Precincts 1, 3 and 4 and reestablishing unchanged polling place locations be adopted. COUNCIL ACTION REQUESTED: Motion to adopt a resolution for redistricting Precincts 1, 3 and 4, and reestablishing unchanged polling place locations for Precincts 1,2,3 and 4. ^mik /? A RESOLUTION FOR REDISTRICTING PRECINCTS 1,3 AND 4 AND REESTABLISHING UNCHANGED PRECINCT POLLING PLACE LOCATIONS FOR PRECINCTS 1,2.3 AND 4 WHEREAS, after completion of legislative rcdistricting in 2002, per Minnesota Statutes 204B. 14, Subds. 3 and 4, cities are required to establish precincts with newly changed boundaries by April 30,2002; and WHEREAS, precinct boundary changes may be the cause of changes to legislative or congressional district boundaries, ward boundaries, or as a result of the city’s own initiative; and WHEREAS, the changing of precinct boundaries is knows as “redistricting” precincts; and WHEREAS, after a formal review of existing precinct boundaries, it was determined that administration of the election process would be more efficient if the precinct boundaries were redrawn for Precinct 3 to follow the boundaries of the Mound School District; and WHEREAS, as a result of the City’s own initiative, the precinct boundaries lines will be changed and redrawn as follows: see attached Exhibit A; and WHEREAS, as a result of redrawing the precinct lines for Precinct 3, approximately 260 voters will be moved to Precinct 1 and approximately 40 votei will be moved to Precinct 4; and WHEREAS, the designated polling places in the City of Orono remain the same for the following precincts: Precinct 1 - Minnetonka Center for the Arts Precinct 2 - Freshwater Biological Institute Precinct 3 - Lakeview Golf Club Precinct 4 - Orono Council Chambers Page 1 of2 NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Orono does hereby redistrict Precincts 1,3 and 4 per the map attached as Exhibit A; and does also hereby reestablish the designated polling place locations for the following precincts: Precinct 1 - Minnetonka Center for the Arts Precinct 2 > Freshwater Biological Institute Precinct 3 - Lakeview Golf Club Precinct 4 > Orono Council Chambers in accordance with Miimesota Statutes 204B.16. Adopted by the City Council at a regular meeting held the 22"^ day of April, 2002. Barbara A. Peterson, Mayor ATTEST: Linda S. Vee, City Clerk Page 2 of2 ---vr "’'■rrr v I .•> / - ;• ,^r liJ « i •^■’I'-r.i^bNl’. j r,T;-sM|t§EKiStaiiH Ti-'i 8|^9^^u!e4 j < N A y>k. V. i mm^ i^umz Z- I « kH aMHnvn ^Bl City of Orono, Minnesota Proposed Voting Precinct Boundary Amendment and Polling Places Lake Minnetonka City of Minnetonka / mrnwnal -J City of To^ 'r \ April 2Z 2002 Precinct 1 Precinct 2 Precinct 3 HB Precinct 4 Current Prednct ••• Boundary APR 2 2 2002 Cl I / Ul* unuiMO REQUEST f OR COUNCIL ACTION DATE: April 18.2002 ITEM NO: /V Department Approval: Nanc RonMoorse Title City Administrator Adminbtrator Reviewed: ______________________________________________________ Agenda Section: City Administrator's Repotl Item Description: Acceptance of Resignati^ of Officer Brad Johnson Officer Brad Johnson has submitted his resignation from the position of Police Officer effective April 30,2002. Officer Johnson is retiring after 21 years with the Orono Police Department. At this time it is necessary for the Council to formally accept Officer Johnson ’s resignation. COUNCIL ACTION REQUESTED: Motion to accept Officer Brad Johnson ’s resignation from his position as Police Officer effective April 30,2002. < . rniui^H McrfrjlNG APR 2 2 2002 c» I y ui- uhuivu REQUEST FOR COUNCIL AC HON Date: April 22,2002 Item No: Department Approval:Administrator Reviewed:Agenda Section: Name: Title: Stephany Good Chief of Police Item Description: Request to Hire Part-Time Police Officer Attachment: Resolution declaring that the part-time position held by Josh Ameson is that of a police officer. DISCUSSION An opening exists for a part-time police officer within the Orono Police Department. The part-time officers are a valuable aid to the department. At present, we have three part-time officers, with an authorized strength of four officers. One of the three part-time officers is being promoted to a full time officer position. Josh Ameson has been employed by the City of Orono since August 2001 as a Community Service Officer (CSO). Mt. Ameson has done an exceptional job se-^ing as a CSO. Wc would like to hire Josh Ameson, to the part-time police officer position. He is eligible to be hired as a part time licensed police officer in a temporary position. According to Minnesota Peace Officer Standards and Training mles, Orono may add another part time licensed officer for a period of time up to 18 months beginning April 30,2002. At the end of the 18 months he must be fully licensed as a peace officer in Minnesota. Mr. Ameson anticipates being eligible to be licensed in June 2003. COUNCIL ACTION REOlJFSTF.n Motion to hire Josh Ameson as a part-time police officer at a pay rate of $ 13.93 per hour, no benefits, and to adopt the attached resolution establishing his eligibility for coverage in the PERA Police and Fire Fund, effective May 13 / A RESOLUTION TO DECLARE THAT THE PART-TIME POSITION HELD BY JOSH A. ARNESON IS THAT OF A POLICE OFFICER WHEREAS, that Public Employees Retirement Association Police and Fire Fund excludes part-time police officers unless resolution is adopted by the governing body to establish eligibility for coverage in the Police and Fire Fund. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orono, Hennepin County, Minnesota that effective upon sucessful completion of the part time license test the position Josh Adam Ameson holds is that of a police officer as defined in Minnesota Statutes, Section 353.64, Subdivision 2, pursuant to which said employee shall become a member of the Public Employees Retirement Association Police and Fire Fund. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held April 22,2002. ATTEST.Barbara Peterson, Mayor Linda S. Vee, City Clerk 't i CO, mpetii ^QUEST for council ACTION APR 2 2 2002 CITY U^ Unui^u Date: V- Item No: /^ Department Approval:Administrator Reviewed:Agenda Section: Name: Title: Stephany Good Chief of Police Item Description: Initiation of Part-time Officer Hiring Process Exhibits:None DISCUSSION An opening exits for a part-time police officer within the Orono Police E)epartment. The part- time officers are a valuable aid to the department. At present, we have three part-time officers, with an authorized strength of four officers. One of the three part-time officers is being promoted to a full time officer position, leaving two vacancies. It is expected that the current Community Service Officer will be promoted into a part time officer position leaving one remaining vacancy. The police department is interested in hiring a paii time, full time licensed peace officer and wishes to advertise for this position publicly. COUNCIL ACTION REQUESTED Motion to post a position for a part time, full time licensed peace officer. ■ .-At./.tLM- '—‘'Mril MEETtNG APR 2 2 2002 W»l V OH OHONO REQUEST FOR COUNCIL ACTION Date: V- ^ Item No■n Department Approval:Administrator Reviewed:Agenda Section: Name: Title: Stephany Good Chief of Police Item Description: Approval of agreement for youth diversion services Exhibits: Juvenile Diversion Services Agreement DISCUSSION The Viking Council is a non-profit organization that offers community-based juvenile diversion programs for first time criminal incidents that may arise in our city and school district. Coordinator Pam Gronski has formed partnerships with the Orono Police Department, the Orono School District, Orono Healthy Communities/Healthy Youth Board of Directors, and surrounding communities. Juveniles who receive citations for first time misdemeanor violations such as underage consumption of alcohol, vandalism, shoplifting, etc. will be required to attend a series of courses designed to be educational and to hold the youth accountable for the behavior. The program includes activities for, and meetings with, the Juvenile offender, parents, and follow-up services. The City agrees to cooperate with the Viking Council as deemed appropriate by the Chief of Police to ensure the timely provision of these services. Recipients of services may decline to participate. This program is being offered at no cost to the City of Orono at this time. It is anticipated that the Provider and the City may agree on a fee for service basis in the future. COUNCIL ACTION REQUESTED Motion to accept Viking Council Juvenile Diversion program begiiming May 1,2002. roUMni MFET»Nf> APR 2 2 2002 REQUEST FOR COUNCIL ACTION CITY Ul- OHUWU DATE: April 22,2002 ITEM NO.: / ^ Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: City Administrators's Report Item Description: Driveway for 4051 Highwood Road- Resolution We are in the process of designing a project to install a new storm sewer pipe to replace an existing pipe that is failing. This existing pipe drains an area adjacent to Highwood Road to Lake Minnetonka. This failing pipe has been causing flooding problems in several yards and threatening a home basement. The proposed project is to directional bore a new pipe from the ponding area adjacent to Highwood Road along a 20 foot wide platted alley to Lake Minnetonka. A project plan is included for your review. The pipe will be directionally bored, so no excavation will be required for pipe installation under the road and down the hill. Excavation w ill be required near the lakeshore to install a manhole and a short section of pipe. Riprap will be installed at the lakeshore. In order to protect the hill side, the contractor will be required to barge in the necessary materials and equipment across the lake to complete the work near the lakeshore. The proposed plan is to solicit quotations for this project and then present them for Council consideration at the May 13"* Council meeting. This cost for this project is less than the $50,000 threshold for advertising for sealed bids and soliciting quotations will reduce the project administrative costs. Because of the narrow width of the alley, we w ill need to obtain a "Right of Entry" to enter the property at 4051 Highwood Road in order to complete the work near the lakeshore. We have had several meetings with the property owners, Alex and Edith Vongries, to discuss obtaining a right of entry across their property to allow for completion of this project. The property owners are generally supportive of the project and recognize the need to complete this project. During the meetings to with the property owners to discuss this project, the)’ expressed concerns about the status of the portion of their driveway that has been located on the platted alley since 1983 when the previous owners constructed a replacement garage and driveway for the property. The house on the property was constructed sometime prior to 1970. The property owners are planning for a future sale of this property and are concerned about the lack of an explici* Council action approving the driveway on the platted alley. They are interested in obtaining an official Council resolution approving the driveway that can be recorded on the chain of title for the property. We have reviewed this situation and are recommeiiding approval a resolution granting permission for this driveway to remain on the platted alley. If the property is ever redeveloped, the resolution Page 1 of 3 reserves the right for the City to order removal of the driveway that is located on the alley. City staff is reconunending approval of the attached resolution based on the following findings. 1.The Highwood Lake Minnetonka Plat was established in 1917 and the streets and alleys in the plat were dedicated for public use forever. 2.The subject property is adjacent to a 20 foot wide platted alley in the Highwood Lake Minnetonka plat 3.The residence on the subject property was constructed sometime prior to 1970 with a single car garage that had driveway access from Highwood Road. Since this time, there have been several building permits issued for renovation and remodeling of the residence On October 21, 1983, the City of Orono issued building permit number 5152 for removal of the existing single rar garage and construction of a new two car garage. The survey with the building permit shows the garage doors facing the platted alley with a 10-foot setback from the property line to the front of the garage. 5.The location of the garage doors with a 10-foot setback from the edge of the platted alley definitively shows that a portion of the driveway needs to be located on the alley to provide access to the garage. A sur\ey of the alley that was completed 2002 for a proposed storm water project shows a portion of the driveway for the subject property on the platted alley 6.The driveway shown on the planed alley is an appropriate use as one of the functions of platted streets and alleys is to provide access to private property within the plat. 7.The driveway on the platted alley does not adversely impact or create an obstruction for public use of the platted alley as the public can easily travel across the driveway to access the alley The following conditions in the resolution should adequately protect the City and clarify that granting permission for this driveway on the platted alley does not grant the property owners any additional property rights or restrict the public access rights to this platted alley. !.The existing driveway can remain in use across the platted alley as long as the existing house and garage remain on the property. In the event of future removal of the house and garage for redevelopment of the property, the City reserves the right to terminate the use of the driveway on the alley and require driveway access from Highwood Road to serve the property. Page 2 of 3 2. Maintenance and repair of the driveway are the sole responsibility of the property owner. 3. The sole purpose of City approval of the driveway across the platted alley is to allow access to the subject property which is a legitimate use of a platted alley. City approval of the driveway on the alley expressly does not infer or grant any additional property rights to the subject property over the platted alley. 4. Approval does not create any obstruction or restriction on the public use of the platted alley. COUNCIL ACnON REQUESTED: Motion to approve the resolution granting permission for a driveway on a platted alley in the Highwood Lake Minnetonka plat Page 3 of 3 i> n'nfi’*'--- A RESOLUTION GRANTING PERMISSION FOR A DRIVEWAY ON A PLATTED ALLEY IN THE HIGHWOOD LAKE MINNETONKA PLAT WHEREAS, E A Vongries Fi Al Trustees (hereinafter "the applicants") are owners of the property located at 4051 Highwood Road within the City of Orono and legally described as follows: Tract A, Reg. Land Survey No. 1420 (hereinafter “the subject property”) WHEREAS, the applicants have requested permission from the City of Orono to continue the use of an existing driveway located on a 20 foot wide platted public alley that is located between 4051 Highwood Road and 4075 Highwood Road in the Highwood Lake Minnetonka Plat. Minnesota: 1. 2. 3. 4. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono. FINDINGS The Highwood Lake Minnetonka Plat was establisiied in i917 and the streets and alleys in the plat were dedicated for public use forever. The subject property is adjacent to a 20 foot wide platted alley in tlie Highwood Lake Minnetonka plat The residence on the subject property w'as constructed sometim*’ prior to 1970 with a single car garage that had driveway access from Highwood Road. Since this time, there have been several building permits issued for renovation and remodeling of the residence On October 21,1983, the City of Orono issued building permit number 5152 for removal of the existing single car garage and construction of a new two car garage. The survey with the building permit shows the garage doors facing the platted alley with a 10-foot setback from the property line to the front of the garage. Page 1 of 4 5. The location of the garage doors with a 10-foot setback from the edge of the platted alley definitively shows that a portion of the driveway needs to be located on the alley to provide access to the garage. A survey of the alley that was completed 2002 for a proposed storm water project shows a portion of the driveway for the subject property on the platted alley 6. The driveway shown on the platted alley is an appropriate use as one of the functions of platted streets and alleys is to provide access to private property within the plat. 7. The driveway on the platted alley does not adversely impact or create an obstruction for public use of the platted alley as the public can easily travel across the driveway to access the alley CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants approval for the continuation of the use of a portion of the platted alley for driveway access to a garage located on the subject property, at 4051 Highwood Road subject to the following conditions: 1. The existing driveway can remain in use across the platted alley as long as the existing house and garage remain on the property. In the event of future removal of the house and garage for redevelopment of the property, the Cit>- reserves the right to terminate tlie use of the driveway on the alley and require driveway access from Highwood Road to serve the property. 2. Maintenance and repair of the driveway are the sole responsibility of the property owner. 3. The sole purpose of City approval of the driveway across the platted alley is to allow access to the subject property which is a legitimate use of a platted alley. City approval of the driveway on the alley expressly does not infer or grant any additional property rights to the subject property over the platted alley. Page 2 of 4 The foregoing instrument was acknowledged before me on this 2002 by ______________________________________ day of Property Owners Notary Public Resolution No. Page 4 of 4 CITYofORONO Building Permit AND APPLICATION FOR CERTIFICATE OF OCCUPANCY P.O. BOX 66. CRYSTAL BAY, MN 55323 473-7M7 PERMIT-N9 y 51521 DATE ISSUED /f ^ -53. EXPIRES------------------------------- -s' % 'J ZONING DISTRICT Ln-ife_ FIRE ZONE VAR. DATE COND. USE DATE LOT AREA WIDTH DEPTH PROPOSED SETBACKS FRONT R.SIOE/ 20*_______l£ REAR LSIDE. -TSlr LAKE WETLANDS ACCESS new existing AGENCY'APPROV. DATE CITY • COUNTY STATE PR. EASEMENT / j(JSITE ADDRESS YVS/.---- legal DESCRIPTION: PROP. ID.. 07 lot_______________BLOCK______________mniviSiOM IWNER INamt) {Addtml (Phoof) y72. Iru.LL** U»«ai U»>D.«>b 12Q| ARCHITECT/EN^NEER - Mult Certify Multi-Family, ComfTif»cill & Industrial Construction Plans :ert.no. <Firm)(Address)(Phone) BUILDER I^Ag,L^ (Firm) T>Ar tr (AddrtssI Z3i L L g.«/ (Phone) 141? • Z7C<^ ItYPE OF WORK ■Der. CONST. TYPE ___ Addition Remodel Renovate BLOG SIZE L 32^TM residential DWELL. UNITS CAR. STALLS ATT. OET. NONRESIO. occ. CLASS STORIES STORIES B BORMS/FLR SEPTIC APP. DATE DOCK PROPOSED USE COUNCIL APP. DATE EST. CONST, valuation O C>1^,S‘600. PERMIT FEES BLOG. PERMIT ^ ^ ^ STATE FEE PLAN REVIEW PENALTY oo» 1C. SAC CHARGE TOTAL DUE REMARKS: INSPECTION REOUIREO _ FOOTING before pour _ FRAMING rouah in _ INSULATION ^WALLBOARO Btfo-e Teping F INAL before cccup«.*.cy WORK BIVONO OR WITHOUT A RE­ QUIRED INSPECTICN WILL BE SUB­ JECT TO PENALTY. INSPECTION HOURS 473-7357 CALLS • 12 A-M. INSP. 1 • 4 P.M. CALL 1 • 4 P.M. INSP. NEXT OAY WORK REQUIRING SEPARATE PERMITS PLUMBING MECHANICAL WELL ______ SEPTIC-------------------- SEWER __________- WATER___________ GRADING* FILLING ELECTRICAL from Slate ACKNOWLEDGEMENT THE UNOERSIGNE": HEREBY REQUESTS PERMISSION TO MAKE THE REAL IMPROVEMENTS SPECIFISO. AND DECLARES UNDER penalty OF LAW ACKNOWLEDGEMENT AND ACCEPT­ ANCE OF all information. CONDITIONS ANO REQUIRE­ MENTS REPRESENTED ON THIS OOCOMENT. THE UNOER- 8I0NE0 FURTHER AGREES TO DO ALL WORKS IN STRICT COM­ PLIANCE WITH ALL CITY OF ORONO ORDINANCES AND STATE ItNG CODE REQUIREMENTS. COPY: WHITE-PILE CANARY-INSPECTOR PINK-AUESSOR GRSEN-PiNANCf GOLD-RECEIPT SOTA^Uj^ ^Byamre ^ ✓"fX I ^ Gty of Orono v®« M.jV Ctrtlficote ef Survey for Orville Critss of Tn*ct A, Heciatcrcd Land Survey Kr. .Her.nepin County, Hlrjiescta 1A20 I hereby cGitify that this is a tme end correct represer.tation of n survey of the bour:d:trics of irect rt, Re»/i£ti5rfc’C Land Survey 14I:*., files of Registrar of Title::, County cf Hennepin,' and the location of ulL existing buil-ings thereor.. It dees net purport to fhC'V ether ir.prcvc- ncr.ts or cncrc&rhr.enlc. GORDON R. COFFIN CO., INC. Cordon R. Coffin Reg.Ho. 6064 Mark S. Cronberg Reg. No.12755 Und Surveyors end Planners Lor.g Lake, Minnesete on R L fi THIS ITEM HSS BEEN MICROFILMED Scale: Date : o : 1" c 401 9-30-83 Iron marker. •V ///// . i i' > I ' '•» tiilRETiNQ 2 2 2002 w.. r Ut* UHOIVU REQUEST FOR COUNCIL ACTION DATE: April 18,2002 ITEM NO: | ^ Department Approval:Adminbtrator Reviewed:Agenda Section: Name RonMoone City Administrator’s Title City Adnuinistrator ______________^__________________________ Report Item Description: Proposed Engineering Rates for 2002 Attached is a letter from Bonestroo Rosene Anderlik and Associates, the City’s consulting engineer, setting out proposed rates for engineering services in 2002. The rates generally have increased between 3.75% and 4.5%. In addition to the general rate increase, BRA is proposing a separate rate schedule for private developer work. This schedule is approximately 30% higher than the rates charged for city work. BRA has indicated the higher rates are needed due to the additional liability involved with the design and inspection of private utilities. These costs are passed through to the private developers. COUNCIL ACTION REQUESTED: Motion to approve the general engineering rates proposed by BRA for 2002. « I i i u I ii r J ! J I Bonestroo Rosene Anderlik& ^\|| Associates Engineers & Architects March 22,2002 ■ofvtitroo. lloi«rw. Andcrlili «nd Assocutes. Inc. if mn Aflifm«liv« Acilon/Cqu«l Oppoetuniiy imploycr and iiwpleyt Ownad 1 Frincipalt: Otto G Bonestroo PC • M.^vin i Sorv.«M P£ • Glenn R Cook. P£ • Robert G Schunicm. PC • Jerry A Bourdon PC Senior ConiyHanli: Robert W Roser>e. PC • Josrpri C Anderlih. P£ • Ricrs«ird C Turner. PC • Susan M Cberlin. CPA AffOCiaiR Principali: keitri A Gordon. PC • Robert R Pfefferie. PC • Ricrsard W Coster. PC • David O Loskota. PC • Mark A Namon. PC • Michael T Rautmai;n. PC • Ted k Field. PC • kervieth P Arsdersoa PC • Mark R Roifi, PC • David A Bonestroo. MB A ■ Sidrrey P Williamson. PC . L S • Agnes M Rmg. MBA • Allan Rick Schnudt. PC • Thomas W Peterscin. PC • James R Maiand. PC • Miles B Jensen. PC • L PhiUip Gravel HI. PC • Dars«el J Cdgerton. PC • Ismael Martmer. PC • Thomas A Syfko. PC • Sheldon J Johnson • Dale A. Grove. PC • Thomas A Roushar. PC • Robert J Devery. PC Offices: St Paul. St Cloud. Rochester and Willmar. .VN • MilMraukec. Wl • Chic.igo. II \MlblitR: WMrMborsestroo com City of Orono Attn: Ronald Moorse PO Box 66 Crystal Bay. MN 55323-0066 Re: 2002 General Engineering Rates Dear Mr. Moorse: We appreciate the trust you've shown in our firm as wcVe helped you plan for, set and reach your infrastructure goals. Based on your input since my December letter, wc arc enclosing our revised hourly rates for our seiA-ices. to be effective January 1, 2002. We strive to strike a balance between keeping our hourly rates as low as possible while maintaining our commitment to keeping staff and technical capabilities innovative and efficient. The municipal billing rate for individuals will vary based on experience and the value they bring to the client. In addition, wc have a small surcharge for computer time to cover additional costs for software licensing. This will not apply to design work completed under a fee percentage of construction. We have also enclosed a rate schedule for private developer work, which is higher because of the additional liability involved with the design and inspection of private utilities. I trust you will find that our rates are competitive in the industry. If you have any questions concerning any aspect of our rates or services, please feel free to contact me at (651) 636-4600, or directly at (651) ()04-4765. Again, we appreciate our relationship with the City of Orono. and our entire staff looks forward to serving you in 2002. Sincerely, BONESTROO. ROSENE. ANDERLK & ASSOCIATES. INC. 1/ Marvin L. Sorvala MLS:tb EncIosure(s) cc: Gleiui Cook, Tom Kellogg 2335 West Highway 36 • St. Paul. MN 55113 ■ 651*636*4600 • Fax: 651*636*1311 i 1 * •1 2002 RATE SCHEDULE Classlflcation 2001 Senior Principal Principal Project Manager | Senior Scientist I Planner Register Engineer/Architect/Landscape Architect Natural Resource Specialist | Software Programmer | Senior GIS Specialist Project Engineer/Architect/Scientist/Landscape Architect GIS Specialist | Senior Designer Graduate Engineer/Architect/Scientist/Landscape Architect Senior Draftsperson Draftsperson Word Processor $100.00 $ - $ 88.00 $ 81.00 $ 80.00 $ 71.00 $ 70.00 S 65.00 $ 57.00 $ 52.00 $ 36.00 Senior Field Supervisor Field Super\'isor | Senior Crew Chief Senior inspector Inspector | Crew Chief) Senior Technician Technician $ 74.00 S 65.00 S 57.00 $ 52.00 $ 37.00 2002 S 104.00 $ 98.00 S 92.00 $ 84.00 S 83.00 S 74.00 S 73.00 S 68.00 $ 59.00 $ 54.00 S 37.00 $ 77.00 $ 68.00 S 59.00 S 54.00 S 38.00 GPS Survey Equipment Total Station Equipment GIS Workstation Equipment GPS Submeter Unit (per half day) Attendance at Regular Council Meeting Software Surcharge (per hour of computer time) Reimbursable Expenses • At Cost: Reproduction, printing, duplicating, mileage and any out of pocket expenses such as stakes, field supplies, telephone calls, etc. S 30.00 S 25.00 S 20.00 S 50.00 S 50.00 S 1.00 These rates are adjusted annually in accordance with the normal review procedures of Bonestroo, Rosene, Anderlik and Associates, Inc. City of Orono 2002 RATE SCHEDULE (Private Developer) ClassMIcatioo SiMiior Principal Prii.cipal Pn>ject Manager | Senior Scientist | Planner Register Engineer/Architect/Landscape Architect Natural Resource Specialist | Software Programmer | Senior CIS Specialist Project Engineer/Architect/Scientist/Landscape Architect GIS Specialist | Senior Designer Graduate Engineer/Architect/Scientist/Landscape Architect Senior Draftsperson Draftsperson Word Processor Senior Field Supervisor Field Supervisor | Senior Crew Chief Senior Inspector Inspector | Crew Chief | Senior Technician Technician GPS Survey Equipment Total Station Equipment GIS Workstation Equipment GPS Submeter Unit (per half day) Software Surcharge (per hour of computer time) 2002 S 135.00 $127.00 $120.00 $109.00 $108.00 $ 96.00 $ 95.00 $ 88.00 $ 77.00 S 70.00 $ 48.00 $ 100.00 S 88.00 $ 77.00 $ 70.00 S 49.00 S 30.00 $ 25.00 S 20.00 $ 50.00 $ 1.00 Reimbursable Expenses - At Cost: Reproduction, printing, duplicating, mileage and any out of pocket expenses such as stakes, field supplies, telephone calls, etc. These rates are adjusted annually in accordance with the normal review procedures of Bonestroo, Rosene, Anderlik and Associates. Inc. City of Orono Coiiwrii mce HNQ APR 2 2 2002 CITY Oh OHOIMO REQUEST FOR COUNCIL ACTION DATE: April 18,2002 ITEM NO: Department Approval: Naaw RonMoorse THk City Administrator Administrator Reviewed:Agenda Section: City Administrator's Rqxm Item Description: Payment of Expenses for Dakota Rail Corridor Lobbyist The Council has authorized the expenditure of up to $5,000 to hire a lobbyist to assist the City in its efforts in opposition to legislation by the City of Minnetonka Beach to prevent the Dakota Rail corridor from being used as a regional recreational trail through Minnetonka Beach. An invoice from Ray Bohn, Media and Govemni.^ntal Affairs, in the amount of $5,000 is attached for payment. COUNCIL ACTION REQUESTED: Motion to approve the payment of the invoice in the amount of $5,000 to Ray Bohn, Media and Governmental Affairs, and to amend the General Fund budget to reflect the expenditure. r Ray Bohn Media & Government Affairs 3M8 WesOmry Drive, St. Pmil, MN 55123 Onke: 651/452*8506 Fu: 651/6868679 E-mail: raybdiiunga9aoi.com April 3,2002 Mr. Ron Moorse City Administrator P.O. Box 66 Orono, MN 55323-0066 INVOICE #2701 Ray Bohn Media A Gov*t Affairs For Services Rendered Professional services - 2002 Legislative Session Thank you. T^(i' l/t/ REQUEST FOR COUNCIL ACTION DATE:April 22,2002 ITEM NO: Department Approval: Name RonMoorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Appointment of Jim Kangas to4 Temporary Building Inspector Position Marc Davis, the City’s hill-time Building Inspector is on a leave of absence. Due to the heavy building inspection workload, it is necessary to hire a building inspector on a temporary basis. Jim Kangas is a retired building inspector who is available to fill in on a temporary basis. He will start on Tuesday, April 23, subject to Council approval. It is recommended his hourly rate be set at $25.00 per hour with no benefits. This is the same compensation we currently provide to our part- time fire inspector. COUNCIL ACTION REQUESTED: Motion to approve the appointment of Jim Kangas to the position of Building Inspector on a temporary basis, at an hourly rate of $25.00 per hour, with no benefits, effective April 23,2002. OtJWrd McnTi^'*^ APR 2 2 2002 CITY U^ OhUi^u REQUEST FOR COUNCIL ACTION DATE: April 18,2002 ITEM NO: ^ f Dcpartnent Approval:Adminutrator Reviewed:Agenda Section: Name Lin Vee Licenses THlc City Clerk Item Description: List of Licenses for Council Approval GARBAGE HAULER 1. Dan Jink BFl of North America Inc. 9813 Flying Cloud Drive Eden Prairie, MN 55347 COUNCIL ACTION REQUESTED: Motion to approve/deny the above licenses. City ofOrono Bok 66 (2750 Kelley Parkway) Crystal Bay, MN 55323 (952) 249^600 Lic.n..Y» ?CCtt-20.3 Date Received Fee Paid I70r Initials -pO Garbage & Refuse Collector's License Application The undersigned wishes to operate the indicated business in the City of Orono and herewith makes applications for a license to do so. Business/Firm Address ppj (rf Mogth Xf\c. Fiyi»)o An~ £/i£KJ ftifliFiyi^jq C.lojiT^. £/fei^A;0ifc Mw ^^3^1 (Street) (City) (Sute) (Zip code) Business Phone Number Q53L* * 5I7H Applicant's Name______Qfl N tJ i gi ^_____________ Address ______a P f)g- iJgliJ (Street) (City) ^ Phone Number State)(Zip code) Check One:Individual Partnership /Corporation Number of Vehicles to be used in Orono 7 Description of Vehicles (attach list if more): Year Mfer. Gross wt, Rear Axle Wt. Size/Yards _ ___ fiik£hto 5//fccT License Number General area of City served Ci'fy /.iMt'f.S Schedule of Collection charges/ dates W^^kly ~ OAyX V a A^ Approximate number of customers in Orono /5>00 Location of dumping area PiN^f^tJQ Ljl’Jef*!/ IN ORDER FOR THIS APPLICATION TO BE PROCESSED, YOU MUST INCLOSE 1 HE FOLLOWING ■ Surety bond in the amount of S 1,000. ■ Proof of insurance in the amount of 5100,000 • 5300,000 • 550,000 and 10-day cancellation clause. ■ Annual fee is a S50.00 flat rate fee, plus 515.00 per truck, and a S30.00 transfer fee (if applicable). I am the owner and operator of the above business and I have paid all license fees and ta.xe$ required by law. I have verified that the above infontiation is correct. FOR CITY USE ONLY: After review of application, staff recommends: AppMfant Si Approval t ____v iicnature oKity Official Date Denial Other (specify) APR 2 2 2002 CITY OF ORONO Check Detail Register® 94/19/02 12:14 PM Page 1 35^ APRIL 2002 Check Amt Invoice Comment 10100 Primary Cash Paid Chk# 073325 4/22/2002 ARAMARK REFRESHMENT SERVICES E 101-42110-201 Office supplies $6600 6013-244929 roffee-CH £101^2110-439 Meeting Expenses $6600 6013-244930 Coffee - PD E 101-41900-201 Office supplies $66 00 6013-244931 Coffee-PW E 101-41900-201 Office supplies $66 00 6013-246889 Coffee-PW Total ARAMARK REFRESHMENT SERVICES $264 00 PaidChMl 073326 4/22/2002 BLACKOWIAK A SON E 101-41900-489 Other Miscellaneous Charges $191 72 10128735 Solid Waste-CH E 613-49630489 Other Miscellaneous Charges $19 73 10128770 Solid Waste-GC E 101-45200-404 Repairs/Maint-Bldgs/Grounds $157.80 10128810 Solid Waste-Bederwood ToUl BLACKOWIAK&SON $36925 Paid Chk* 073327 4/22/2002 BOBZIEN, SUE E 101-42110489 Other Miscellaneous Charges $27.20 4/8/02 Decorations-B Johnson Tout BOBZIEN. SUE $27 20 Paid Chk* 073326 4/22/2002 BOLTERMAN, MATT E 10142400-437 Training & Development $318 73 4/15/02 Meals/Lodging Conference ToUl BOLTERMAN. MATT $31873 Paid Chk* 073329 4/22/2002 BONESTROO ROSENE A ASSOC. E 65149910437 Training & Development $30 00 NPOES NPDES Workshop - Gaffron E 65149910437 Training & Development $30 00 NPOES NPDES Workshop - Gappa ToUl BONESTROO ROSENE A ASSOC.$60 00 Paid Chk# 073330 4/22/2002 BOYER FORD A TRUCK E 10143000-222 Vehicle Equipment A Parts $9 86 12048R Element #425 E 60249450-221 Equipment Parts A Accessories $13.57 379458 Relay Assembly ToUl BO lER FORD A TRUCK $2343 Paid Chk# 073331 4/22/2002 BUDGET PRINTING E 10141110489 Other Miscellaneous Charges $79 88 20369 Shadow Box E 10141900-201 Office supplies $58 58 20419 Plaque E 10142110-201 Office supplies $104 76 20421 Envelopes E 10142110469 Other Miscellaneous Charges $19551 20555 Flyers - Open House E 10142110-322 PosUge __^65 4/10/02 Shipping Charges ToUl BUDGET PRINTING $445 38 Paid Chk# 073332 4/22/2002 CITY OF LONG LAKE E 10142260-318 Fire Services $36.935 00 33001 2nd Qtr 2002 Fire Service ToUl CITY OF LONG LAKE $36,935 00 Paid Chk* 073333 4/22/2002 CITY OP WAYZATA G 602-11501 Accounts Receivable-w/s $24.94 300732000 Pmt Received in Error E 60149400-387 Intergovernmental Services $2.038 52 4/9ff)2 Porch Water - 1st Qtr ToUl CITY OF WAYZATA $2.063 46 Paid Chk# 073334 4/22/2002 CYS UNIFORMS E 101421 ^J-226 Clothing A personal equipment $54.95 6466 Pants - To»^^Tyk Tout CYS UNIFORMS $54.95 Paid Chk# 073335 4/22/2002 DAKOTA CO. TECHNICAL COLLEGE E 101-42110^37 Training A Deveiopmenl $170.00 4/1/02 rotal DAKOTA CO. TECHNICAL COLLEGE Pursuit Tmg - J Johnson $170.00 L:___ CITY OF ORONO *Check Detail Register® 04/19/02 12:14 PM Page 2 APRIL 2002 Check Amt Invoice Comment G 101-21719 DCA/Spending Accounts $41^2^ 4/16A)2 Flex Spending 4/14/02 Total DCA-WIRE ONLY $41623 Paid Chk» 073337 4/22/2002 DELL E 227-45500-570 Office Equip and Furnishings $4,394.02 805546322 Den PIVOptIplex E 101-42110-570 Office Equip and Fumtehings $2.898 68 805634987 Dell PIV Optiplex Total DELL $7.292 70 ^aid^hk# 073338 4/22/2002 DELTA DENTAL G 101-21709 Dental insurance $1,263.20 0037220072 Dental Premiums 5/2007 Total DELTA DENTAL $1.263 20 Paid Chk* 073339 4/22/2002 DEMBOUSKI, JAY E 101-42110-437 Training & Development $25 37 4/9/02 Meats -Training Total DEMBOUSKI. JAY $2537 Paid Chk# 073340 4/22/2002 DEPT OF ADM - INTERTECH GROUP E 101-42110-311 Data Processing Communication $37 00 DV02026733 PVC Circuit E 101-42110-321 Telephone $6141 W02020658 Phone service 2/2002 E 101-41900-321 Telephone $143 28 W02020658 Phone service 2/2002 Total DEPT OF AOM-INTERTECH GROUP $24169 Paid Chk# 073341 4/22/2002 DEPUTY REGISTRAR E 101-42110-441 Licenses & Taxes $12.50 Registration Squad 193 Registration Total DEPUTY REGISTRAR $1250 Paid Chk# 073342 4/22/2002 DOBO*S E 101-41300-489 Other Miscellaneous Charges $26 76 4189 March Birthdays E 101-42400-439 Meeting Expenses $69 34 4189 PC Work Session E 101-41110-439 Meeting Expenses $74.27 4169 CC Work Session Total DOBO'S $172 37 Paid Chk# 073343 4/22/2002 EMERGENCY AUTOMOTIVE TECH INC E 10142110402 Repairs/Maint-Auto Equip $211.42 10860 Flashers - Sqd 192 Total EMERGENCY AUTOMOTIVE TECH INC $21142 Paid Chk# 073344 4/22/2002 ENCHANTED GARDEN FLORAL G 101-19999 Suspense Account $3463 1442 Plant • StefMnhagen Total ENCHANTED GARDEN FLORAL $34.63 Paid Chk# 073345 4/22/2002 ENERGY SALES INC. E 10143000404 Repairs/Maint-Bldgs/Grounds $302 00 70862 Motor - Garage Heater ToUl ENERGY SALES INC.$302 00 Paid Chk# 073346 4/22/2002 G A K SERVICES E 60249450-226 Clothing & personal equipment $24.54 160461 Uniforms E 10143000-226 Clothing & personal equipment $57.23 160461 Uniforms E 61349830-226 Clothing & personal equipment $7.72 160462 Uniform - Steffenhagon E 60149400-226 Clothing & personal equipment $1408 160463 Uniform • Rathbun E 101419004C4 Repairs/Maint-Bldgs/Grounds $103 86 160464 Mat Service - PW E 10141900404 Repairs/Maint-Bldgs/Grounds $49 34 160465 Mat Service • CH E 10141900404 Repairs/Maint-Bldgs/Grounds $4934 160467 Mat Service • CC E 60249450-226 Clothing 8 personal equipment $32.33 174547 Uniforms E 10143000-226 Clothing 8 personal equipment $75.40 174547 Uniforms E 61349830-226 Clothing 8 personal equipment $7.72 174548 Uniform • Steffonhagen CITY OF ORONO *Check Detail Register® 04/1M21214PM Page 3 APRIL 2002 Check Amt Invoice Comment E 60M9400-226 Clothing & personal equipment ToUl 6AK8ERVICE8 $14 06 174549 Unifbnn • Rathtnjn $435 64 Paid Chki 073347 4/22/2002 GENUINE PARTS CO. E 10M3000-221 Equipment Parts & Accessories $1 69 683222 Shop Supplies E 101-43000-221Equipment Parts & Accessories $37 69 663631 Filter E 101-43000-221 Equipment Parts A Accessories $28 86 663643 Filter E 101-43000-221Equipment Parts A Accessories $11 54 664031 Oil Fitter E 101-43000-r .uipment Parts A Accessories $21 44 664563 Cart CInr. Washer FkJ E 101-43000-221 equipment Parts A Accessories $9 15 684931 Shop Supplies E 602-49450-221 Equipment Parts A Accessories $18 30 685103 Jet Rodder Supplies E 602-49450-221 Equipment Parts A Accessories $30 89 685206 Misc Supplies E 101-43000-221 Equipment Parts A Accessories $17.02 685986 Cleaner. Brk Fluid ToUl GENUINE PART8 CO.$176 58 E 601-49400*489 Other Miscellaneous Charges E 602-49450-469 Other Miscellaneous Charges Total GOPHER 8TATE ONE-CALL $20.93 2030605 $20.92 2030605 $4185 March Locates March Locates 4/22/2002 GRAND VIEW LODGEPaidChk# 073349 E 101-43000-437 Training & Development ToUl GRAND VIEW LODGE $195 00 MPWA Lodging-MPWA Spring Conf $195 00 Paid Chk# 073350 4/22/2002 HENDRICKS. RON E 101 -42110-437 Training & Development Total HENDRICKS. RON $92.60 041002 $9260 Interview/Invest Tming Paid Chki 073351 4/22/2002 HENNEPIN COUNTY INFOR TECH DPT E 101-41900-329 Other Communications 22037176 ToUl HENNEPIN COUNTY INFOR TECH DPT $90 96 Database Access • 3/02 Paid Chki 073352 4/22/2002 IKON OFFICE SOLUTIONS E 101-41900-401 Repairs/Maint-Ofhce Equip $399 17 23164511 ToUl IKON OFFICE SOLUTIONS $399 17 Maint - Canon NP6330 Paid Chk# 073353 4/22/2002 INTER-TEL (MCLEOD USA) E 227-45500-570 Office Equip and Furnishings $3,662 83 647521 ToUl INTER-TEL (MCLEOD USA) $3,662 83 T1 Equipment & Instatation Paid Chk* 0733S4 4/22/2002 JUBILEE FOODS E 101-42110-489 Other Miscellaneous Charges E 101-42110-489 Other Miscellaneous Charges Total JUBILEE FOODS $2.18 4/9A)2 $91 67 4/9/02 $93 85 Ice - B Johnson Retirement Cake. Punch • B Johnson Paid Chk# 0733SS 4/22/2002 KUSTOM SIGNALS INC E tOI-42110-402 Repairs/Maint-Auto Equip $85 20 117316 Cable Pwr Assembly Total KUSTOM SIGNALS INC $85.20 ' Paid Chk# 073356 4/22/2002 LABOR RELATIONS ASSOC E 101-42110-319 Other Professional Services Total LABOR RELATIONS ASSOC $252.00 4/1/02 $252.00 PoH« Labor Matter Paid Chk# 073357 4/22/2002 LAKE COUNTRY/NOR1 E 101-42400-437 Training & Development ToUl LAKE COUNTRY/NORTH STAR CHAPTE $50.00 Oman Mechanical Code Seminar $50.00 CITY OF ORONO *Check Detail Register^) 04/19/02 12 14 PM Page 4 APRIL 2002 Check Amt Invoice Comment f9!l9f 0733S8 4/22/2002 MCNICHOLS, DAVID E 101-42110-437 Training & Development Total MCNICHOLS. DAVID $40 05 4/5A)2 '$40.05' Meals/Parkkig - Training Paid ChidP 073359 4/22/2002 MEDICA G 101-21706 Hospitalization/Medical Ins Total MEDICA $8,711.96 102121125488 Medica Elect-5/2002 $8,711.96 Paid Chki 073360 4/22^002 MET COUNCIL ENVIRONMENTAL 8VCS E 602-49450-383 MWCC.Current Charges Total MET COUNCIL EMVIRONMENTALSVCS $19,876.80 736605 $19,876.80 Wastewater 5/02 Paid Chk« 073361 4/22/2002 MINN COMM E 101-42110-321 Telephone $3918 20261004020 Police Pagers Total MINN COMM $39.18 Paid Chk» 07^362 4/22/2002 MINNEAPOLIS OXYGEN COMPANY E 101-43000-221 Equipment Parts A Accessories $31.69 RI03020919 Acetylene. Oxygen E 101-42110-221 Equipment Parts & Accessories $15 85 RI03020920 Medical Oxygen Tout MINNEAPOLIS OXYGEN COMPANY $47 54 Paid Chki 073363 4/22/2002 MINNESOTA CONWAY E 101-41900-404 Repairs/Maint-Bldgs/Grounds $297.41_ 310731 Annual Extinguisher Inspection ToUl MINNESOTA CONWAY $29741 Paid Chki 073364 4/22/2002 MN DEPT OF REVENUE R 601-39610Miscellaneous Revenue $8 00 3/2002 Sales Tax - 3/2002 R 101-34210General Taxable Sales/Servioe $15 00 3/2002 Sates Tax-3/2002 R 101-34650Police Reports $6.00 3/2002 Sales Tax - 3/2002 ToUl MN DEPT Of REVENUE $29 00 Paid Chki 073365 4/22/2002 MN STATE TREASURER R 101-39610Miscellaneous Revenue ($262 75) 3/2002 State Surcharge 3/2002 G 101-20802 Due to govtS'State $6,568.98 3/2002 State Surcharge 3/2002 ToUl MN STATE TREASURER $6.306 23 Paid Chki 073366 4/22/2002 MPLS DEPT Of HEALTH A FAMILY E 101-42110-319 Other Professional Services $52 00 2002328 Drug Testing 02-0959 E 101-42110-319 Other Professional Services $154 00 2002328 Drug Testing 02-0204 ToUl MPLS DEPT Of HEALTH A FAMILY $206 00 Paid Chki 073367 4/22/2002 NATIONAL AUTOMATIC SPRINKLER E 101-41900-489 Other Miscellaneous Charges $250 00 9326 Annual Contract Total NATIONAL AUTOMATIC SPRINKLER $250.00 Paid Chki 073368 4/22/2002 NAVARRE HARDWARE E 601-49400-227 Utility System Maint. Supplies $2.01 96717 Misc Supply E101-42110-221 Equipmeitl Parts & Accessories $6.91 96861 foam Tape E 101-43000-221 Equipment Paris & Accessories $6.09 96877 Galv Plugs. Caps E 101-43000-221 Equipment Paris & Accessories $8.18 97093 Black Plugs E 101-42110-201 Office supplies $691 97134 Kitchen Supply E 101-43000-221 Equipment Parts 6 Accessories $63.74 97157 Ice Melt. Gloves E 101-42110-201 Office supplies $8 26 97285 Misc Supplies E 602-49450-221 Equipment Parts & Accessories $7.22 97387 Scapper. Joint Knife E101-42110-221 Equipment Parts & Accessories $12.75 97467 Cable Tie. Tarp E 602-49450-221 Equipment Partt & Acceuories $50.36 97482 Dust Masks CITY OF ORONO 04/19/02 12;14 PM Pages *Check Detail Register® APRIL 2002 Check Amt Invoice Comment E 601 -49400-227 Utility System Mainl. Supplies Total NAVARRE HARDWARE $7.02 97741 Bolt $179 45 Paid ChkO 073369 4/22/2002 OFFICE DEPOT E 101-43290-800 Special Projects. Contingency ($34 08) 154867733-00 Office Supplies E 101-41900-201 Office supplies $110 25 1559176104)0 Office SuppNM E 101-42110-201 Office supplies $90 21 1559176104)0 Office Suppliee E 101-42110-201 Office supplies $13.75 1559514134)0 Office Supplies E 101-41900-201 Office supplies $16.79 1559514134)0 Offioe Suppfes E 101-42110-201 Office supplies $152 51 1564232804)0 Office Supplies E 101-41900-201 Offioe supplies $186 39 1564232804)0 Office Supplies Total OFFICE DEPOT $535 82 Paid Chki 073370 4/22/2002 OFFICE ENVIRONMENT BROKERS E 101-42110-221 Equipn>ent Parts & Accessories $227.03 23051 Mail Organizer Totol OFFICE ENVIRONMENT BROKERS $227.03 Paid Chk* 073371 4/22/2002 OMAN, LYLE E 101-42400-331 Travel Expenses $27 60 3/21/02 Mileage Reimbursement E 101-42400-331 Travel Expenses $26 22 3/26/02 Mileage Reimbursement E 101-42400-331 Travel Expenses $30 36 3/28A)2 Mileage Reimbursement E 101-42400-331 Travel Expenses $21.04 4/10/02 Mileage Reimbursement E 101-42400-331 Travel Expenses $30.36 4/12A>2 Mileage Reimbursement E 101-42400-331 Travel Expenses $28 98 4/2A)2 Mileage Reimbursement E 101-42400-331 Travel Expenses $40.71 4/8/02 Mileage Reimbursement Total OMAN. LYLE $20527 Paid Chk# 073372 4/22/2002 PIONEER E 101-42400-340 General Advertising $29 85 955 Applic 02-2765 E 101-42400-340 General Advertising $79.60 956 Applications E 101-42400-340 General Advertising $32.00 957 Application 02-2764 E 10M1900-352 Printing & Publishing $115 42 984 Ord#215 E 10M1900-352 Printing & Publishing $71.64 986 Ord#216 TOMI PIONEER $328.51 Pakj Chk# 073373 4/22/2002 POST BOARD E 101-42110-441 Licenses A Taxes $90.00 11352 Officer License-McNichols E 101-42110441 Licenses & Taxes $90.00 11947 Officer License-McNalty E 101-42110-441 Licenses & Taxes $90 00 14942 Officer Lioense-J Johnson E 101-42110441 Licenses A Taxes $90 00 16324 Officer License-Hendricks E 10142110441 Licenses A Taxes $90 00 7J66 Officer Ucense-Morowczynski Total POST BOARD $450 00 Paid Chk# 073374 4/22/2002 POWERCLEAN COMPANY INC. E 10142110407 Janitorial Services $833 90 8775 March Janitorial E 10141900407 Janitorial Services $1.019 20 8775 March Janitorial E 10142110404 Repairs/Maint-Bldgs/Grounds $905 25 8776 Clean Carpets - PD Total POWERCLEAN COMPANY INC.$2.758 35 Paid Chk# 073375 4/22/2002 PRUDENTIAL LIFE INSURANCE G 101-15998 Non-Employee Health Ins $1.65 4/2002 COBRA G 101-21710 Ufelnsumnce $9165 40002 Basic Life G 101-21710 Life Insurance $591.45 40002 SupplementtI Life Total PRUDENTIAL UFE INSURANCE $684.75 Paid Chk# 073376 4/22/2002 QUARTERLY AOVERTISINQ. INC J CITY OF ORONO *Check Detail Register® 04/19^2 12 14 PM Pagee APRIL 2002 Check Amt Invoice Comment G 613-20200 Accounts Payable ToUl QUARTERLY ADVERTISING. INC $295.00 1392 $295.00 1/4 Page Display Adv Paid Chk# 073377 4/22/2002 RICKS SUPERVALUE E 101-42110439 Meeting Expenses $2.89 4/1/02 Cups. Bananas E 61349830-201 Office supplies $12.08 4/4A12 Cups. Trash Bags ToUl RICKS SUPERVALUE $14.97 Paid Chk# 073378 4/22/2002 ROTA E 101-42110^33 Memberships & Subscriptions Total ROTA $100.00^ 1274 YlOO.OO 2002 ROTA Membership Paid Chk# 073379 4^^2/2002 8EELYE PLASTICS INC E 601-49400-227 Utility System Maint Supplies Tout SEELYE PLASTICS INC $24775 614624 $24775 Valve Paid Chkf 073380 4/22/2002 E 101-43290-510 Land SEN Total SEN $67^7 $677.27 85974 Plat Fire Station Lot Paid Chk# 073381 4/22/2002 SKYWAY PUBLICATIONS E 613-49830-340 General Advertising ToUl SKYWAY PUBLICATIONS $75.00 88699 $75.00 Print Adv-GC Paid Chk# 073382 4/22/2002 ST. JOSEPH S EQUIPMENT INC. E 101-43000-221 Equipment Parts A Accessories $56.75 S107998 ToUl ST. JOSEPH'S EQUIPMENT INC. $5675 Mirror - Loader Paid Chk# 073383 4/22/2002 STA-SAFE LOCKSMITH E 101-42110-201 Office supplies $276.44 E 101-41900-404 Repairs/Maint-Bktgs/Grounds $69.38 ToUl STA-SAFE LOCKSMITH $345 82 12015 12064 Rekey Locks - Chiefs Office Pin Paid Chk# 073384 4/22/2002 STANTON GROUP E 101-41900-489 Other Miscellaneous Charges ToUl STANTONGROUP $17325 $173.25 325237 Flex Spend Adm Fee - 3/02 Paid Chk# 073385 4/22/2002 STATE OF MINNESOTA • BCA E 101-42110-414 EDP/Communicatk)ns Equip Rent $510 00 ToUl STATE OF MINNESOTA-BCA $510 00 MN0271 50021 CJDN Connect 1 st Qtr 2002 Paid Chk# 073386 4/22/2002 TALLEN AND BAERTSCHI E 101-41600-306 Legal-Prosecution $233 84 Tout TALLEN AND BAERTSCHI $233 84 3/2002 March Prosecutions Paid Chk# 073387 4/22/2002 TOLL GAS S WELDING SUPPLY E 101-43000-221 Equipment Parts & Accessories _ $6.05 492026 ToUl TOLL GASS WELDING SUPPLY $6.05 Cylinder Rental Paid Chk# 073388 ^2/2002 TOMCZYK. MARK E 101-42110-226 Clothing S personal equipment Total TOMCZYK. MARK $34 99 3/21/02 Replace Themal Underwear $34.99 Paid Chk# 073389 4/22/2002 UNIFORMS UNLIMITED E 101-42110-226 Clothing S personal equipment $493.84 109151 E 101-42110-226 Clothing S personal equipment $236.84 110538 E 101-42110-226 Clothing S personal equipment $64 95 111079 Boots. PanL.jB Anderson Pants. Shift • Morowczynski Sweater-Anderson cmroFORONo *Check Detail Registei© 04/10/021^14 m Page/ APm.2002 Check Amt Invoice Conwnent E101-42110-226 Clothing 6 pereonal cqulpmefil TotiO imiFORIISUNUlifTED 125.90 114403 Shirt •Andereon $621.53 Paid Chki 073390 ^7?rr.UmV OF MINNESOTA E101-43000437 Training A DaveiopmenI Total UNiV OF MINNESOTA $130.00 MPWA MPWA Spring ConFOappa $130.00 Paid Chk# 073391 4/22/2002 VEE, UN E10141300437 Training A Development E10141500437 Training A Development E10141300437 Training A Development E10141900M1 Offloa auppliee E10141900-221 Equipment Parts A Aooetsofies Total VEE. UN $21.39 $151.32 $151.32 $27.97 $5324 3/28rt)2 3/28rt>2 V2M2 V2M2 3/28A)2 Mileage Retmtoursement Clafki Confeienoa Cloffcs Confeienoa Kitchen SuppSes VCR • Council Chemers $40524 PaidChIdl 073392 VESSCOINC. E 60149400405 Repairs/Malnt-Watemiains/plant Total VESSCOINC. $12.19 26086 Hardware $12.19 Paid Chk# 073393 4/22/2002 ^STONKA OLASS SERVICE E 61349830404 RepeirsA^aint-Bldgs/Grounds $12.50 215698 Total WESTONKA OLASS SERVICE V\Hndow Repair • GC $12.50 PeidChki 073394 4^2/2002 WINTERNHEIMER, AUS8A E10141300-319 Other Professional Services $160.00 29 Total WINTERNHEIMER, ALISSA $160.00 Council Mtg-4rtlA)2 Paid Chk# 073395 4/22/2002 YOUNO. JACKIE E10142400-319 Other Professional Services E10141300-319 Other Professional Services E10145200-319 Other Professional Services Total YOUNO. JACKIE $190 00 02-05-JY $16000 02-05%JY $190.00 02-05%JY Planning Com • 3/18/02 City Council • 3/25 Park Commission - 3/4 $540.00 10100 Primary Cash $102.524 69 f . \s> < • f CITY OF ORONO *Check Detail RegistertD 04/18/02 7:17 AM Pigel APRIL 2002 Checic Aifit Invoke Comment 10100 PrImeryCeeh 073314 4/17/02 CITY COUNTY CREDIT UNION G 101-21711Credit Union $10.535 00 SAVINGS W/H & TRANSFERRED Total CITY COUNTY CREDIT UNION $10,535.00 PaidChMI 073315 4/17/02 FIRST NATIONAL BANK OF LAKES G 101-21703FICA Tax Withholding $4,433.25 FICA & MEDCR CITY SHARE G 101-21703FICA Tax Withholding $4,433.25 FICA & MEDICARE W/H G 101-21701Federal Withholding $12,447.72 FEDERAL W/H Total FIRST NATIONAL BANK OF LAKES $21,314.22 PaidChk# 073316 4/17/02 ICMA RETIREMENT TRUST • 467 G 101-21705 Other Retirement $300 00 DEFERRED COMP Total ICMA RETIREMENT TRUST-457 $300.00 PaidChk# 073317 4/17/02 LAW ENFORCMENT LABOR SERVICE G 101-21707Union Dues $561.00 UNION DUES Total LAW ENFORCMENT LABOR SERVICE $56100 Paid Chk# 073318 4/17/02 MN DEPT OF REVENUE G 101-21702 State Withholding $4,769.82 STATE TAX W/H Total MN DEPT OF REVENUE $4.769 82 PaidChIdll 073319 4/17/02 ORCHARD TRUST CO. TRUSTEE/CUST G 101-21705 Other Retirement $2,189.68 MN STATE RETIREMENT ToUl ORCHARD TRUST CO. TRUSTEE/CUST $2.18968 Paid Chk# 073320 4/17/02 PEBSCO/OBRA G 101-21705 Other Retirement $0.00 OBRA DEFERRED COMP Total PEBSCO/OBRA $0 00 Paid Chb bhiil 4/17/02 PEBSCOAJS CONF OF MAYORS G 101-2170SOther Retirement $2,367.00 USCM. ENTITY 2339 Total PEBSCOAiSCONF OF MAYORS $2,367.00 Paid Chk# 073322 4/17/02 PUBUC EMPLOYEES RETIREMENT G 101-21704 PERA $155.64 PERA EMPLOYEE G 101-21704 PERA $233.47 PERA CITY SHARE G 101-21704 PERA $5,218.09 PERA EMPLOYEE W/H G 101-21704 PERA $6,735.14 PERA CITY SHARE ToUl PUBLIC EMPLOYEES RETIREMENT $12,342.34 Paid Chk# 073323 4/17/02 UNITED WAY G 101-21708 United Way $50.00 CHARITY DONATIONS Total UNITED WAY $50 00 Paid Chk# 073^24 4/17/02 WISCONSIN SCTF G 101-21712Other Deductions $184.62 JOHNSON #0002756898 Total W»CON8IN8CTF $184.62 10100 Primary Caah $54,613.68 CITY OF ORONO check register 04A)»027:07AM Pagel Check Number Employee Name 051015 PETERSON, BARBARA 051016 MOORSE.ROf ALOJ. 051017 SANSEVERE, ROBERT K. 051016 FLINT, RICHARD 051019 NYOARD,JAY 051020 WHITE, JAMES M. Pey Period CtMCk *• Amount ^ Status i-wgw -Jt $323.22 a indkig 1346.31 » nding $269 36 4/6/02 0 ..antfing $269 36 4/8/02 Outstanding $269.36 4m/02 OutsUnding $269.36 $1,746.97 4/8/02 Outstanding i Chtck Numbtr Employe N«m« :i. .:^&mmtmmm 051072 VOID 051073 051021 051022 051023 051024 051025 051026 051027 051028 051029 051030 051031 051032 051033 051034 051035 051036 051037 051038 051039 051040 051041 051042 051043 051044 051045 051046 051047 051048 051049 051050 051051 051052 051053 051054 051055 051056 051057 051058 051059 051060 051061 051062 051063 051064 051065 051066 051067 051068 051069 051070 JOHNSON. BRADLEY P. DODOE. RACHEL M. JOHNSON. MARYANN LESKINEN. DENISE M. MOORSE. RONALD J. VEE. LINDAS. KUEHN. THOMAS M. OLSON. RONALD J. PETTIT. SANDRA K. ANDERSON. BRUCE L BOBZIEN. SUE A. BORIS. SCOTT W. BUDIG. STACIE M. CARLSON. MICHAEL B CORNICK. JAMES L. DEMBOUSKI.JAYC. ERICKSON. KURTR FARNIOK. CORREY L FISCHENICH.DANT. FISCHER. CHRISTOPHER K. GOOD. STEPHANY R. HENDRICKS. RONALD J. JOHNSON. BRADLEY P. JOHNSON. JEFFREY MADSON. ADRIENNE M. MCNALLY. STEVEN A. MCNICHOLS. DAVID L MOROWCZYNSKI. JAMES PERSELL. WILLIAM R. SCHOENHOFF. JOHN B. TOMCHECK. LAWRENCE F. TOMCZYK.MARKW. WITTKE. ANTHONY A. ARNESON. JOSHUA A. LEE. JOSEPH P. BOLTERMAN. MATTHEW A. BOTTENBERG. WENDY C GAFFRON. MICHAEL P. GAPPA.GREGORYA. MEYER. WILLIAM C. OMAN. LYLE E. WEINBERGER. PAUL E. BRINKHAUS. JOHN F. DEBAERE. DONALD L GREGORY. JAMES D. HANSEN. STEVEN OBERAIGNER. SCOTT G. OBRIEN. RANDY L PALMER. GREGORY A. RATHBUN. BARRY J. SKREEN. DALE S CITY OF ORONO chsck registar Pay Chacli Chtck Paflod Amount Data Chach Status 8.1 $0.00 4/17/02 Void 81 $1,960.25 4/17/02 Outetanding 8 $99369 4/17/02 Outstanding 8 $635.72 4/17/02 Outstanding 8 $791.74 4/17/02 Outstanding 8 $18.80 4/17/02 Outstanding 6 $1,351.11 4/17/02 Outstanding 8 $992.31 4/17/02 Outstanding 8 $78.89 4/17/02 Outstanding 8 $521.86 4/17/02 Outstanding 8 $41585 4/17/02 Outstanding 8 $736.67 4/17/02 Outstanding 8 $1,125.11 4/17/02 Outstanding 8 $779.25 4/17/02 Outstanding 8 $349.45 4/17/02 Outstanding 8 $1,305.95 4/17/02 Outstanding 8 $1,481.16 4/17/02 Outstanding 8 $1,483.27 4/17/02 Outstanding 8 $1,728.10 4/17/02 Outstanding 8 $1,426.11 4/17/02 Outstanding 8 $292.94 4/17/02 Outstanding 8 $2,040.04 4/17/02 Outstanding 8 $1.049 29 4/17/02 Outstanding 8 $1,553.17 4/17/02 Outstanding 8 $1.083 85 4/17/02 Outstanding 8 $552.28 4/17/02 Outstanding 6 $1,398.28 4/17/02 Outstanding 8 $579.98 4/17/02 Outstanding 8 $1,727.06 4/17/02 OutsUnding 8 $866 29 4/17/02 Outstanding 8 $1,442.51 4/17/02 Outstanding 8 $301.53 4/17/02 Outstanding 8 $1,403.11 4/17/02 Outstanding 8 $1,295.10 4/17/02 Outstanding 8 $721.94 4/17/02 Outstanding 8 $385.26 4/17/02 Outstanding 8 $1,095.40 4/17A)2 Outstanding 8 $1.122 84 4/17/02 Outstanding 8 $1,353.01 4/17/02 Outstanding 8 $1,771.33 4/17/02 Outstanding 8 $647.60 4/17/02 Outstanding 8 $153.98 4/17/02 Outstanding 8 $1,446.73 4/17/02 Outstanding 8 $1,319.70 4/17/02 Outstanding 8 $1,381.99 4/17/02 OutsUnding 8 $818.67 4/17/02 OutsUnding 8 $1,060.04 4/17/02 OutsUnding 8 $719.62 4/17/02 OutsUnding 8 $974.11 4/17/02 OuUUnding 8 $1,03776 4/17/02 OutsUnding 8 $1,052.79 4/17/02 OutsUnding 8 $1,076.59 4/17/02 OutsUnding 04/17/02 8:16 AM Pagel I . . 1 L CITY OF ORONO 04/17/02 8:16 AM Pag* 2 clMck rtgistir ChMk Number EmployM ftaiM Cheek Aawunt Check Data Chedi Statue ■Maamaej&aE.r 1/^ M rz: . v:-g:3i3r 0S1071 8TEFFENHAQEN.RONALO $1.34962 4/17/02 Oulstanding $53,251.22 f L. *' • L‘ SCHWEGMAN ■ LUNDBERG ■ WOESSNER ■ KLUTH April 16.2002 C - Mike Gaffiron, City of Orono P. O. Box 66 Crystal Bay, MN 5S323 "JTING m ' ----No • -%r^f 7 w » • * Re: End of My Term on the Orono Planning Commission To: The Mayor and Members of the City Council, The Chair and Members of the Plaruiing Commission, and Plaiming Director Mike Gaffron, As you know, 1 have asked not to be reappointed to the Orono Planning Commission when my term expires on May 24,2002. I will continue to make myself available as an alternate if needed. I apologize for not giving you formal notice of my intentions but I was caught by surprise when 1 learned that the reappointment process was happening so soon. I have enjoyed my term on the Planning Commission and all the work we have all performed together. My leaving the Planning Commission is purely a matter of a time squeeze in my life between, home, kids, their school and my Job. Since 1 vowed to my wife that 1 was going to slow my life down a bit, some things had to go. So for my family. I’m giving them more time at the expense of the City. I will always stay somewhat involved with the City as a volunteer in the future so please call on me when you need to. We are very fortunate to live in such a beautiful and well managed city as Orono. Very Truly Yours IntcOeouit Ftaptny Anomcyi 1600 T(7UI South SoM. Mnnopofa. MkncSdU SM02 litkphane 6t:073>6900 Fut 6I2039*1061 VMau wtnuMLnm aJ C A