Loading...
HomeMy WebLinkAbout09-23-2002 Council Packet* i/ AGENDA FOR COUNCIL MEETING SET FOR MONDAY, SEPTEMBER 23,2002,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet - located on the counter near the sign in sheet. ROLL CALL CONSENT AGENDA 1. Approve/Amend APPROVAL OF MINUTES * 2. Regular Council Meeting of September 9,2002 Cni)*•««„ ,,acting SEP 2 3 2002 City ur (JtiUNO PARK COMMISSION COMMENTS - Pauline Bouchard, Representative PLANNING COMMISSION COMMENTS - Jeanne Mabusth, Representative LMCD REPORT - Lili McMillan PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 3. #02-2812 Marvin and Mary Smith, 1940 Country Club Road - Variance - Resolution 4. #02-2813 Mark Welsh, 3625 North Shore Drive - Variances 5. #02-2820 Michael Lasher, 1360 Railroad Avenue - Variance - Resolution 6. #02-2821 Temple Israel (Camp Teko), 645 Tonkawa Road - Conditional Use Permit - Resolution 7. #02-2824 Betz Builders, 1045 Brown Road South - Variance - Resolution 8. #02-2825 Wayne and Karen Soojian, 4496 North Shore Drive - Variances - Resolution 9. #02-2826 Michael and Deborah Benedict, 25 Orono Orchard Road - Variance - Resolution 10. Proposed Zoning Code Amendment to Home Occupation Standards - Ordinance MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR'S REPORT ITrT^ortfi^ArnTEahe Paving Project > (1 f A. Order Preparation of Assessment Roll - Resolution B. Schedule Assessment Hearing - Resolution 12. Award Contract for Hackberry Park Improvements CITY ADMINISTRATOR'S REPORT 13. Long Lake Fire Station Voice and Data Communication Systems and Cabling 14. Application and Certificate for Payment No. 5 - Long Lake Fire Station 15. Long Lake Fire Service Agreement 16. Request for Funding for Big bland Cleanup 17. Relocation of Sewer Lines on Orono Woods Senior Housing Project \ AGENDA FOR COUNCIL MEETING SET FOR MONDAY, SEPTEMBER 23,2002,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA Public Attendance Metiinc D ate 7'^ C ouncil □ Planning C ommission □ Park Commission □ Other Please niX OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. I.:- PRESENT FOR (from agenda) NAME (please print) ADDRESS NAME OR NUMBER 2. 3. y^/Ac-r I cm-- <•—ppi s. f/ff} < _____1^40 CLx«t^'i>'i OuJj ^i/W> ^ i\^^PirOX. A<—Oax >c ^ Ot'-AlZ. 6.. 7.. 8. 9.. 10.. 11.. 12. 13.. 14.. 15. It'lfiMiatiWf Ml I • OMxrOKMMVHJC JkTT f ■ ^ I 1 i J ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 9,2002 2 ROLL The Council met on the above-mentioned date with the following members present: Acting Mayor Bob Sansevere, Council Members Jay Nygard, Jim White, and Jim Murphy. Representing staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, City Attorney Tom Barrett, Zoning Administrator Paul Weinberger and Zoning Administrator Wendy Bottenberg, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Alissa Wintemheimer. Mayor Barbara Peterson was absent. Acting Mayor Sansevere called the meeting to order at 7:00 p.m.^^1 »• CONSENT AGENDA 1. Approve/Ameod b£P 2 3 2002 cut urORUwU Items 4,8,8a, 9,10,11,12,13,14, IS, 16, and 17 were added to the Consent Agenda. White moved, and Nygard seconded, to approve the consent agenda as amended. Vote: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. Regular Council Meeting of August 26,2002 White moved, and Nygard seconded, to approve the Minutes of the Regular Council Meeting of August 26,2002. Vote: Ayes 4, Nays 0. PARK COMMISSION COMMENTS—IRENE SILBER, REPRESENTATIVE Silber was not present. Murphy stated that he had been at the Park Commission meeting. He stated that the Commission had discussed Dog Days and Cora Days. They discussed whether Orono should develop another celebration, possibly a fall festival. Murphy stated he felt Orono could use a weekend celebration in the fall. The Commission also discussed turning the Lurton property into a park. Murphy stated he felt Gabriel Jabbour should be involved in further discussion about the property. ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 9,2002 PLANNING COMMISSION COMMENTS—DAVE RAHN, REPRESENTATIVE None. . PUBLIC COMMENTS John Larson and John Jemey from the Lafayette Ridge Homeowners Association were present. Mr. Larson stated that Lafa^tte Ridge consists of 20 homes, 15 in Minnetonka Beach and 5 in Orono. The association shares common interest in the development, including 800* of lakeshore. When they bought their houses, they were told the lakeshore would be developed with docks for the homeowners. 16 slips were installed, leaving 4 homeowners without lake access. Because the Orono portion of the development has no lakeshore, those homes are without slips or dock usage. The fifteen Minnetonka Beach homes were given slips and designated class A homes. One Orono home was given a slip, the other 4 have been termed class B homes without lake access. Although the Orono homes have no rights to use the docks or beach, the homeowners association votes to charge the entire development for lakeshore related expenses, so Orono homeowners arc paying for improvements they aren’t allowed to use. Mr. Larson stated he wanted the docks distributed equitably. Sansevere asked Barrett if the City could become involved. Barrett responded that Mr. Larson and the others should find a private attorney to represent their rights. Because no agreement with the City was being breeched, the City should not set a precedent of getting involved in private claims. Sansevere asked if they had contacted the LMCD. Nygard asked what the LMCD allowed for slips. Mr. Jemey stated the LMCD allows 1 slip per 50 ’ of lakeshore. Murphy asked Larson what his main complaint was. Larson replied that it was the way slips are alienated, and the way the association treats the Orono residents. He stated there is an article in the declaration stating it could not be changed for 20 years and only then with a 75% vote. It s been over 20 years, but 75% of the association is slip-owners and won’t vote for any equitable changes. Some slips are not being used by the owners, and they rent them out. Mr. Larson estimates the value of a slip to the homeowner’s prooertv is about $80,000. ^ Sansevere stated he did not believe the City could help them. White suggested they may find relief in how the lot was advertised at the time of sale—as a lakeshore property. Moorse sUted that when the subdivision was done, Orono and Minnetonka Beach had ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 9,2002 PUBLIC COMMENTS —ConUnued very dif&rent policies regarding lake access, and Orono made it clear they would not consider dock rights for the Orono lots. Orono could not, therefore support the homeowners getting slips now, considering the City's original stance. Sansevere suggested they approach the LMCD, and stated that while they had the Council Members individual sympathy, there was nothing they could do as a governing body. He also suggested Larson sp^ to Lili McMillan, the City's LMCD representative. ZONING ADMINISTRATOR'S REPORT 3. #02-2755 Long Lake Fire Station—City of Orono, 340 Willow Drive North- Class HI Subdivision—Final Plat Approval—^Resolution No. 4859 Gaffron stated that the final plat drawing for the fire station property had been completed. The road south of the station was designated as Fire Station Drive for platting purposes, although Council could rename the road in the future. Storm water facilities for the fire station were located in Outlot A, which would remain in the City ’s possession for future development. The Park Fee was waived for Lot I, where the fire station is being constructed. The Storm Water and Drainage Trunk Fee of $13,220 is due for Lot 1, and intended to be a 50/50 shared cost between Long Lake and Orono. Also outstanding is the S250 final plat fee, another shared cost. Consultant fees incurred to-date are primarily for surveying and plat drawings, expected to total approximately S4,000. Yet to be completed is the execution of covenants to give notice to current and future landowners of obligations and restrictions on the use of the Replacement Wetland and the Impacted Wetland, as well as requiring wetland buffer maintenance, twice-yearly street sweeping, storm water facility maintenance, and prohibiting use of phosphorus-containing fertilizer. Murphy stated that on page 3 of the resolution, item 6 had self-limiting language where it stated the Council’s intent was to “accommodate the needs of the citizenry of Orono, Long Lake, and Medina.’’ He suggested adding “and/or others” to the language. White stated that 40 ’ was a large utility easement. Gaflron explained it was for a deep sewer and a water main. Nygard asked if they had dealt with their ordinance regarding allowing other cities owning property in Orono. Gaffron stated there is no ordinance that does not allow other cities to own property in Orono. There is an ordinance that defines a municipal building as an idMiiii ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 9,2002 3. #02-2755 Long Lake Fire Station—City ofOrono, 340 Willow Drive North 0 V W M ■ A m -- _____ Class in Subdivision—Final Plat Approval—Resolution No. 4859— Continued Orono municipal building. Murphy moved, and White seconded, to adopt Resolution No. 4859 approvine the plat of Willowfire Addition. Vote: Ayes 4, Nays 0. *4. #02-2782 Professional Properties of Orono, 2765 Kelley Parkway—Revised Concept Plan—Resolution No. 4860 White moved, and Nygard seconded, to adopt Resolution No. 4860 approving the Revised General Concept Plan for property located at 2765 Kelley Parkway, owned by Professional Properties of Orono. Vote: Ayes 4, Nays 0. 5. Marina Licenses Gaflfron stated staff recommended approval of all the marinas for licenses. Because licenses in the past have not been panted until after inspections are held, the 2001 licenses were not granted, but marinas were allowed to continue operation on the 2000 licenses. The current licenses would be retroactive for 2001 and running through 2002. He stated that the Fire Marshal had inspected all the marinas for compliance and there were no outstanding issues regarding fire safety. There were some issues with Wayzata Marine and its neighbor regarding lighting and noise. Mr. Briggs, Wayzata Marine owner, and Mr. Waade, the neighbor, were both present. Robert Waade of 3286 North Shore Drive stated that he owns a home and two townhouses next door to Wayzata Marine. He stated he had complained about trash spilling over from the marina onto his property. A fence was installed, but there was no landscaping put in to help buffer his townhomes from the marina. He passed photos to the Council of the marina property. He also stated that when he talked to Briggs about boats coming too close to the townhomes’ dock and swimming area, Briggs told him to move the dock. Waade stated he’s a developer and if he doesn’t comply with all the City codes, he gets shut down, yet the marinas operate with little control. The marina’s lights and loud speakers disturb him and his tenants. Also, trucks park at the marina all night with their generators running. Briggs apologized for taking up the Council’s time with the issue. He stated Waade 1 ' i A OR NO CITY COUNCIL MEETING MONDAY, SEPTEMBER 9,2002 5. Marina Licenses—Continued refuses tp talk to him and calls the police constantly. He stated they ’ve made significant changes to the marina since they bought it. There is a DNR public launch on the other side of their property that requires they use extra lights for security, and the launch users leave garbage that blows onto his property. He stated that if the City says the lights are an issue, they will correct them again. Waade stated he had called Briggs regarding the loudspeakers and Briggs told him he was mad at him for calling the police. Waade stated Briggs has no respect for others. Sansevere asked what the current issues were. Gaffron indicated the primary issues are lighting and the paging system. He stated that the loudspeaker noise should not be “loudly audible,” or louder than a normal conversation at the property line. He stated that Briggs had reoriented and redirected speakers both in and outside in order to comply with City requests. Nygard suggested Briggs get walkie-talkies for his employees so there would be no need for Waade to complain. Briggs stated he believed they had complied with the City ordinance, but Waade would never be satisfied. He stated Gabriel Jabbour could give them more information about both sides of the dispute. Nygard stated that it is Briggs’ responsibility as the business owner to keep his neighbors happy. Briggs stated that there is a whole series of problems before them, and he has gone out of his way to accommodate Waade. Murphy asked about the lights. Briggs stated they had changed all the lights exactly as the City had instructed them to. Waade stated the lights are so strong that they reflect off the building and pavement, and that his residents have to keep their curtains drawn to keep out the light. Murphy stated Waade must have had an idea of the issues involved with developing property next door to a marina. Waade stated that when he bought the property he told the City the marina was not up to code and was told that they would address issues as Waade raised complaints about them. Gaffion stated they had recently sent both Briggs and Waade a letter stating what the City could enforce and what it could not, and directing Mr. Briggs to take immediate action on a number of Mr. Waade’s complaints. Some of the issues Mr. Waade raised the City ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 9,2002 5. Marina Lkenses —Continued csnnot ^fbrcc because the mariiu has been in operation longer than the ordinance has existedr He stated that Briggs recently changed the lights on the property. Gaffion had not been out in the evening to see if there was still an issue. Murphy ^ked if Briggs could provide light on the east side of the building instead of the back. Briggs stated the lights had alwa)^ been in their current positions, and he changed them so that they shine downward instead of outward. Nygard suggested he install cameras and reduce his use of security lights. Gaffon stated that the ordinance states the source of the light, ie: the light bulb should not be visible whm standing on the property line. Nygard suggested they shield the back of the lights. Briggs asked if light reflections were a violation. Gaffion replied they were not. Nygard asked if there was a limit to the brightness allowed. Gaffion stated there was no current ordinance regarding the wattage of bulbs or of candlepower or lumens’' Briggs stated Waade received special consideration to increase the density on his property because he was building next to a marina, but now he wants the marina to behave like it’s a residence. He stated the primary function of his business is to sell boats, and they have no receptionist—they all take turns answering the phone. To go to a walkie-talkie system would cause a major shift in how they do business. Murphy stated that City ordinances are not the answer to their problems. The City does not have the resources to pursue each of these claims. He asked what was keeping Waade and Briggs from talking themselves. Waade stated that the first time they talked, Briggs threatened to run over his boat dock. Briggs stated that when Waade first complained, he replied they were busy and he couldn’t deal with the complaint irrunediately. Two days later Waade called the police on him. Briggs stated that Waade has never given him the opportunity to be reasonable. Sansevere stated that City staff would check on lights and loud speakers to make sure thev comply with City codes. ^ Waade stated that loudspeakers are not allowed in Orono. Gaffion stated the ordinance has ambiguous language. Nygard offered to help mediate so that Waade and Briggs could woric through their differences. White suggested they go to the LMCD over any water issues, and that Waade buoy off his swimming area. Barrett looked at a copy of the ordinance regarding loudspeakers and read that “no persom ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 9,2002 5. Marina Licenses—Continued shall us^or operate [a loudspeaker] in a loudly audible manner so as to disturb the peace." He ^tafed that staffs interpretation that it should not be louder than a normal conversation at the property line was defendable and reasonable. Sansevere stated that staff would be able to handle follow-up on the matter, insuring that there is compliance where appropriate. Gaffron pointed out that the license v/as recommended for approval with appropriate conditions. He stated that the lighting was a static issue: once it conformed, it would be considered a non-issue. The noise, however, was an active issue because even with the equipment and volume set, wind direction and the individual user would affect levels of noise reaching the Waade property. Waade stated that on some days they could not hear the loudspeaker, other days it was ver>‘ loud. Sansevere stated the City could not mandate that the marina go to a walkie-talkie or cell phone system. Gaffton stated that the City*s enforcement of the noise ordinance might not satisfy Waade. Sansevere stated he would be satisfied if staff were satisfied. Nygard moved, and White seconded, to direct staff to issue 2001-2002 commercial marina licenses to Windward Marina, Genmar/King*s Cove, Sailor’s World, North Shore Marina, and Wayzata Marine subject to flnal resolution of the lighting issue to the satisfaction of staff, and with an annotation indicating the 5 requested on-land boats for lake use cannot be customer owned boats for on-demand launching. Vote: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Nygard stated that he is in favor of supporting Dog Da>’S. Murphy asked if developing Dog Days or other festivals is a job for the staff or the Parks Commission. Nygard si'.ggested they have a public hearing in order to get input from local business owners and residents. White stated that festivals help businesses bridge the slow months until the holidays, and that business owners should be involved in '.he planning of a festival. White stated he does not care for the name Dog Days. Sansevere suggested combining the City open house with the festival and including a dog show as one activity. Nygard stated it was up to the City Council to help the community grow. Murphy stated that they need to hold a work session about the fire station issues. ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 9.2002 PUBLIC SERVICE DIRECTOR’S REPORT None. . CITY ADMINISTRATOR’S REPORT 6. Adopt 2003 Tax Levy and Budget—Resolutions No. 4861 & 4862 White stated that fire service cost the City about $200,000 when he began serving on City Council. In 2000 it cost $270,000. and in 2001 it cost $300,000. The increases in service costs have been extreme. Muiphy stated that hiring outside providers has become too expensive. Moorse stated effoits to manage fire service costs are very timely after several years of double-digit increases by fire departments serving Orono. Mound wants a 65% ihcrease this year. Maple Plain fire service has doubled in the last 3 years. It will be well worth the trouble and expense for Orono to have its own fire service. Murphy moved, and Nygard seconded to adopt Resolution No. 4861 approving the proposed tax levy to fund the 2003 budget in the total amount of $3,098,400 Vote: Ayes 4, Nays 0. Murphy moved, and Nygard seconded to adopt Resolution No. 4862 approvine the proposed 2003 budget in the total amount of $4,712,880. Vote: Ayes 4, Nays 0. 7. Selection of Dates for Truth in Taxation Hearings Council agreed upon December 2 and 9,2002 as listed in the staff report. White moved, and Nygard seconded, to hold the initial hearing at 5:30 p.m. on Monday, December 2, and the continuation or subsequent hearing at 7:00 p.m. on Monday, December 9,2002. Vote: Ayes 4, Nays 0. *8. Pay Requests—Long Lake Fire Station White moved, and Nygard seconded, to approve the Long Lake Fire Station requests for payment as foliows: The Construction Bulletin in the amount of $264.69, GME Consultants in the amount of $2,720.35, and BKV Group in the amount of $7,098.65 il"**!!* Account; and SEH in the amounU of $526.24 and $401.00 to be funded 50% by the Joint Fire Account and 50% by the City. Vote: Ayes 4, Nays 0. 8 r > ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 9,2002 *8a. Miscellaneous Equipment—Fire Station White moved, and Nygard seconded to approve the purchase of miscellaneous equipment submitted on August 27,2002 for the Long Lake fire station in the amount of $18,960.00, and to authorize the expenditure from the Joint Fire Station account. Vote; Ayes 4, Nays 0. *9. Fire Station Site Agreement White moved, and Nygard seconded, to approve the Fire Station Site Agreement, and to authorize the City Administrator to sign the agreement Vote: Ayes 4, Nays 0. *10. Mn/DOT Request for Right of Entry for Highway 12 Project White moved, and Nygard seconded, to approve the Temporary Permit to Construct at no cost to Mn/DOT. Vote: Ayes 4, Nays 0. *11. Police Department Vehicle Replacement White moved, and Nygard seconded, to approve the conversion of a forfeited 2001 Ford F-150 to the police department fleet as a community service officer vehicle. Vote: Ayes 4, Nays 0. *12. Request to Dispose of 1997 Crown Victoria Squad Car White moved, and Nygard seconded, to approve the disposal of Squad #184 through sealed bid process. Vote: Ayes 4, Nays 0. *13. Metropolitan Airports Commission Assistance Agreement White moved, and Nygard seconded, to approve the assistance agreement for Orono Police Officers to provide security for the Metropolitan Airports Commission at the Minneapolis-St. Paul International Airport. Vote; Ayes 4, Nays 0. i ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 9,2002 *14. Amend Program for Deferment of Special Assessments for Persons 65 Years of Age or Older —Resolution No. 4863 White moved, and Nygard seconded, to adopt Resolution No. 4863 amending the Old*”*** ****^ Deferment of Special Assessments for Persons 65 Years of Ag<!etr Vote: Ayes 4, Nays 0. *15. Well Agreement with Ed Miller J'ysei-** seconded, to approve the hny-out of the well agreement th^expend *"*®“"* $5,075.00, and to amend the General Fund budget to Vote: Ayes 4, Nays 0. *16. North Arm Lane Paving Project —Solicit Quotations —Resolution No. 4864 White moved, and Nygard seconded, to adopt Resolution No. 4864 approving Plans PavIngVroJect***** ***** ®*^‘*®*^*"* *®’*®*fe**®“» ®f QnoUtlons for the North Arm Lane Vote: Ayes 4, Nays 0. 16a. Always Remember 9*11 Day Moorse staled that there was a proclamation related to 9-11, naming September 11*** as A^ ays Remember 9-11 Day. The proclamation recounted the activities of September 11 2001 and resolved that residents of Orono would not forget, and would also dedicate their* time, talents, and energy to lift one another up and foster a new level of understanding and awareness. ‘‘Let us honor the memory of all those who died by being of service to one another and by building the stronger more perfect union our founding fathers called for.” Nygvd asked^ It was appropriate to fly the flag at half-staff. Gaffron stated he believed the Governor h^ to call for flags at half-staff. Sansevere asked that staff look into it Moorse stated that staff plan to wear red, white and blue. The Orono schools have planned a school-wide ceremony for 9:45 a m. on September 11* Vote: Ayes 4, Nays 0. 16b. Emergency Shoreline Repair Policy Moorse stated that with all the rain lately, some shoreline has been washed out. The current policy requires an application process that takes too much time before shoreline is ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 9,2002 16b. Emergency Shoreline Repair Policy —Continued repaire^due to the requirement for Planning Commission and Council review. In 1987, when this occurred, Council decided that if shoreline collapsed the s a T and City En^eer were authorized to do whatever was necessary to restore storeline. Gaflion stated that if people are conducting emergency restoration to return shoreline to exactly what it was before, then they should not have to go through an application process. But if the only way to resolve an issue is by a retaining wall, for instance, then the property owner should go through the process for a variance and CUP after-the-fact. Nygard moved, and White seconded, to provide the same aathorizathm to staff and the City Engineer for emergency shoreline restoration as was granted under the emergency policy adopted in 1987. Vote: Ayes 4, Nays 0. 16cl. City Administrator Update Report: Plymouth Lake Water Overflow Moorse stated that Plymouth was looking at an emergency action to pump excess water into Long Lake from Mooney Lake, which has no outlet and is at near flt^-level where homes will be affected. Ny{^ stated that was unacceptable because Long Lake is already too high and Long Lake feeds Minnetonka. Moorse stated that the Watershed District called him to ask if Orono would meet with Plymouth to discuss a solution to their water problem. Gaffron stated that Mike Panzer, MCWD Engineer, spoke with him regarding Long Lake. He told Panzer that Long Lake was also high, and Panzer agreed that moving the Plymouth water to Long Lake was not a solution. 16c2. Work Sessions Moorse stated there would be a joint work session on Thursday September 12,2002 at 5:30 p.m. There would be a muIti-City Council work session to discuss the Maple Plain fire service on Tuesday September 17,2002. They had an invitation to meet with Mound on October 3"* regarding fire service. CITY ATTORNEY’S REPORT None. ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 9,2002 *17. LICENSES SPECL^ EVENTS 1.'Applicant:Brenshell Homes/Tara Stokes Event:Fall 2002 Parade of Hr mes Location:2200 Shadywood Road Date:September 7-29,2002 Time:noon-6:00 p.m., Thursdays - Sundays 2.Applicant:Steiner & KoppelnuuVTimothy O’Connor Event:Fall 2002 Paiiule of Homes Location:372 Westlake Street Date:September 7-29,2002 Time:noon-6:00 p.m., Thursdays - Sundays 3.Applicant:Tony Eiden Company/Tony Eiden Event:Fall 2002 Parade of Homes Location:525 Sussex Circle Date:September 7-29,2002 Time:noon-6:00 p.m., Thursdays - Sundays White moved, and Nygard seconded, to approve all licenses. Vote: Ayes 4, Nays 0. *18. BILLS White moved, and Nygard seconded, to approve payment of the All Funds Account Vote: Ayes 4, Nays 0. ADJOURNMENT The meeting was adjourned at 9:05 p.m. ATTEST: Linda S. Vee, City Clerk Barbara Peterson, Mayor Orono, Minnesota Bering Index Map UTIsii^v. kr BBtflginorth miss Mn scrr. ?, tft« smm %Mi M •« ttt« M. «.M(t.m J«% NLVttt AGENDA FOR COUNCIL MEETING SET FOR MONDAY, SEPTEMBER 23,2002 7 00 P M ORONO COUNat CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA* (•) Asterisk items are considered to be routine items to be cuacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items arc available in the Public Packet • located on the counter near the sign in sheet. ROLL CALL CONSENT AGENDA 1. Approvc/Amend APPROVAL OF MINUTES * 2. Regular Council Meeting ofSeptember 9,2002 SEP 2 3 2002 un^OrUHONO PARK COMMISSION COMMENTS - Pauline Bouchard, Representative PLANNING COlVfMISSION COMMENTS • Jeanne Mabusth, Representative LMCD REPORT - Lili McMillan PUBLIC COMMENTS • (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT * 4 MaivinandM^^ 4. ^02-2813 Mark Welsh, 3625 North Shore Drive - Variances • 5. #02-2820 Michael Lasher, 1360 Railroad Avenue - Variance • Resolution 7. #02-2824 Betz Builders, 1045 Brown Road South - Variance - Resolution . o North Shore Drive-Variances-Resolution9. J02-2826 Michael and Deborah Benedict, 25 Orono Orchard Road - Variance - ResoluUon 10. Proposed Zoning Code Amendment to Home Occupation Standards - Ordinance MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR'S REPORT 11. North Arm Lane Paving Project A. Order Preparation of Assessment Roll - Resolution B. Schedule Assessment Hearing - Resolution 12. Award Contract for Hackbeny Park Improvements CITY ADMINISTRATOR'S REPORT 13. Long Lake Fire Stau'on Voice and DaU Communication Systems and Cabling 14. Application and Certificate for Payment No. 5 - Long Lake Fire Station 1 5. Long Lake Fire Service Agreement 16. Request for Funding for Big Island Cleanup 17. Relocation of Sewer Lines on Orono Woods Senior Housing Project CITY ATTORNEY'S REPORT * 18. UCENSES Kennel License * 19. BILLS UPCOMING ISSUES AND EVENTS 2222 09^3- Council Meeting, 7:00 p.m. 10AT7- Park Commission, 7:15 p.m. r •«f;cTlNQ Application Deadline: 7/16/02 60 Day Deadline: 9/1 2/02 Extended: 11/11/02 SEP 2 3 2002 CiiYurOHUf^ REQUEST FOR COUNCIL ACTION Department Approval: Name: Wendy ^ttenberg Title: Zoning Administrator DATE: ITEM NO. 3 Agenda Section: Zoning Item Description: #02-2812 Marvin and Mary Smith 1940 Country Club Road Variances Zoning District: Lot Area: LR-1A One Family Lakeshore Residential District (2 acre) 45,161 s.f. (1.037 acre) List of Exhibits: A Resolution B Staff Report and exhibits of 8/19/02 Pertinent Ordinance: Section 10.23, Subdivision 6 (B): Front Yard Setback: Minimum front yard setback in the LR-IA zoning district is 50’. Variance Requested: To permit addition to be 39’ from front property line. Application Summary: The applicant has requested a front yard setback variance to construct a 2 story addition over the existing garage. The screen porch above the garage will be removed and the addition will be consuiicted in its place. The existing residence is located 36.8’ from the front property line. The garage is setback 2.2’ therefore 39’ from the front property line. The applicant wishes to build above the existing garage. The topography of the property, location of the existing residence, flow of the residence and the structural soundless limits where an addition can take place. This property was part of a 1998 sewer project that sewered the neighborhood. PLANNING COMMISSION: Plaiming Commission recommended by a 5 to 0 vote to: To approve application as presented. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. A RESOLUTION GRANTING VARIANCE TO MUNICIPAL ZONING CODE SECTION 10 SUBDIVISION 6 (B), RLE NO. 02-2812 WHEREAS, Marvin J. Smith and Mary F. Smith, husband and wife, (hereinafter "the applicants") are the owners of the property located at 1940 Country Club Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 6, Block 2, Long Lake Country Club Addition, Hennepin County, Minnesota, (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to allow a front yard setback of 39’ where 50 ’ is required to construct a 2 story addition over the existing garage. 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 August 19,2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. 2. This application was reviewed as Zoning File #02-2812. The property is located in the LR-1A Zoning District, where 2 acre is the minimum required lot area. The property consists of approximately 45,161 s.f. (1.037 acres). 3.The Orono Planning Commission reviewed this application on August 19,2002 and recommended approval of the proposed variance based upon the following fmdings: The existing residence was built in 1965, prior to city adoption of the current 2 acre zoning standards. 1 of5 4. 5. B.The hardship is the existing house location in relation to front and street lot lines. C.Lot coverage by structures will not change and will still be well below the 15% limit. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance will not adversely affect traffic conditions, light, air, nor pose.a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variances on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to allow a front yard setback of 39' where SO' is required to construct a 2 story addition over the existing garage. Approval is subject to the following conditions: 1.Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2.Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (September 23,2003). 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 2 of5 J 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 23rd day of September, 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 23rd day of September, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed bn behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of September, 2002 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said 3of5 r mm instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this before me. day of .,2002,j)ersonaIly appeared who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/alfirmation of ., a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their &ee 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/aflirmation of ,a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public 4 ofS ■ I < I Exhibit A CBRTiriCATE OP SURVEY FOR llARV 0II1TH OP LOT 0. BLOCK 2. LONG LAKE COUNTRY CLUB ADDITION HENNEPIN COUNTY. MINNESOTA m iMC C?rSSNoUSPeouMm out AOomoN • • • IKo tirvop tfim imMot of »• 4 «M iKoliM or m •rftllit HMO, Im»-U w4 ttmi thir Ml U tfmm mf t/rpr |oirlR|i sStM^^r^o^ ipM m m It V 12■1 •M nrsn —e GROXBEBCtlSSOGUTQinC M*INI oa-«i Page 5 of 5 KUtaiflu TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg. Zoning Administrator/Planner DATE:August 13,2002 SUBJECT:#02-2812 Marvin and Mary Smith 1940 Country Club Road Variance - Public Hearing Zoning Dbtrict: Lot Area: LR-1A One Family Lakeshore Residential District (2 acre) 56,846 s.f. (1.31 acre) Exhibits: A Application Survey/Site Plan Topographic Map Elevations Structural Engineer Letter Plat Map Property Ov\-ners List Photos of Property B C D E F O H Pertinent Ordinance: Section 10.23, Subdivision 6 (B): Front Yard Setback: Minimum front yard setback in the LR-1A zoning district is 50’. Variance Requested: To permit addition to be 39’ from front property line. Application Summar>’: The applicant has requested a front yard setback variance to construct a 2'/: story addition over the existing garage. The screen porch above the garage A^ill be removed and the addition will be constructed in its place. The existing residence is located 36.8’ from the front property line. The garage is setback 2.2’ therefore 39’ from the front property line. The applicant wishes to build above the existing garage. The topography of the property, location of the existing residence, flow of the residence and the structural soundness limits where an addition can take place. Discussion: The existing residence was built in 1965. The property is located in a two acre zoning district However, the neighborhood is more in character with one acre zoning standards. If one acre zoning standards were applied to this property the existing residence would meet the 35’ required front setback. H^02-28I2 Marvin/Mary Smith 1940 Country Club Road 8/13/2002 Page 1 of2 js i:s 2K Si This property was part of a 1998 sewer project that sewered the neighborhood. Statement of Hardship: -pp'-t »>»u.d iso Issues for Consideration: 1. The existing residence was built in 1965, prior to current zoning standards. 2. The property is connected to sewer. 3. If one acre zoning standards are applied, the proposed addition meets the front yard setback. 4. Is the proposed setback in character with the neighborhood? 5. Other issues raised by the Planning Commission. Staff Recommendation: S02*2II2 Marvin/Maiy Smith 1940 Country Club Road t/15/2002 Page 2 of2 ■ i J . t A CITY OF ORONO • VARIANCE APPUCATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non^conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATIQ Application # Date Received AmomitPaid lOPERTY INFORMATION Site Address __/^</6 CeUkiiiri, CJu 6 A?At SS3St. Property Identification Number (PJ.D.) ^ /----------- Attach legal description to application if* not included on required survey Dale Piopenjr Acquiied--------------V/8^_________________^(month^) I (do) (do not) also own the adjacent parcels of land. ^ ^ ' Ptesent use of prope^: ✓residential ___mother (specify) Zoning District ; lM -1P _________________ ______ ^ MC k VJ f. APPLICAP^ j Phone (ho.ae) ‘OT/J Name 'S/^f7W_ _______ Phone (work ) -17^^-oa^ a. Address; ^0 Cduaf^ C/ub City; OWNER (if different than applicant) Name ___ Address;City: Phone (home). Phone (work)_ - Zip: DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe rwue^ in detaU: ^gw^aaCr on cattt>ii*% •f&attPiyi ^ repCtcc. neied^ iJiiiirti fZ^4ip» VARIANCES REQUIRED Lot Area _ (attach additional sheeti if necessary) i Wmdourn^K^ tiaulse . Setback: ___Lot Width Front Side Hardcover Rear .Lot Coverage Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hard^p or practical difficulty or unusual property conditions preventing compliance wiA Zoning Code requirements:_____ p*n^v 4o -tce.g.s FI/mo <of kovsg/ ^ (attach additional sheets if necessary) ’ #'2 8 1 9JL 6 required submittals dtr for vonr apDiiM appliMfion dradlinr rtatc iu 1. 2. 3. 4. 5. 6. 7. Completed Application Fonn Financ.. A-603, Oc;« Cetir D‘P>«n^t As an addendum to this applicatioT Dli«. !n J ^ ^ owner(s). persons you wish notified oTthis applicltion Additional items as may be requested by City staff. • • • '• * • • APPLICANT'S SIGNATURE ml/or conaultan. expenis inched “Smal fee payment) mformation sMpRiied is ini. arf conec, to the best of Msdi« ^0^^^ • ApplicawViignatm^^.;.;^,;^^ .......- ■ ^ OWNER'S SIGNATU^ members for purposes of investigaUjnjQd veritotfon ofttiir^l^“est 'XasWOwner's Signatur^^^^^Date '7/f(, ^ Applicant must have all submittals into the Citv offiraac 'iK a Commission Meeting. Planning Commission MeetiL are held on^A^^'S ’M month. AppUcants must be present at all ieh*<i»ia.ai • * e*^** Monday of each Commissi.; and Connell. If m .^lilf s^aW. m .TT “■* make arrangements to have an authorized agent attend lit vo '"f * n>«<ing. please & Zoning Office of this change prioTS Z Pl" »<"«> mjvise ttm Building •■'fV f J' .••••* ..V .. t I .- ...1 k CERTIFICATE OF SURVEY FOR MARV 0MITH OF LOT 6. BLOCK Z. LONG LAKE COUNTRY CLUB ADDITION HENNEPIN COUNTY, MINNESOTA uoAL ocioi^TnN CF msmot Lot C IM t LONO LAKC COUNTRY aUO 4»OOlTCt« TKt Fwvt 0)« li«vt ^«crM •rMVty. tso locolioA t#« «aitUn9 HowM. RoriK ^ R #Mt n*l !• •lh«r ^ m Wm nmkmr •r« fr« 3vsar |mH MR 1 1 ^##1 4*0t0 - 4#.«CROKBEEC ft ISSOCUTGSl INC CMAIIC OOCOlUMi OR. iOC UMt. MA SUM MtavSt^ «C Mt I M « M* Mi V* M(f ■i»Mi9 «i » i*«ir ~1W ViR/fl 02-011 RHiMW k gMifimr<ff>r,vr IsSMH■■■mm 59 SS >... ■■!■ riinri i ttca w w* ^ -f-1 . > ‘i- iji- ,‘:>v, I . .A''. bbo matOi ■: 'iriiilit'l^_ mtk .. ;■ ^ ^ I. ^ *r •■ jftL.Sim '•‘“/^ X'S.. Vwf*^ ifi- •' •m ■ • Btumi 3^ I: I ..%l n-o/ •‘. «■ -f A iiii^lriinrriiii Vinifumi JL itm %/UJdi^ PJUkt\ STCKAOt ATTIC StW\0 ^OfiACE '4 Mi ssccw noatrLAhi 1/4^ 9f, rs4FB jfitaQ 1 Q J J0P9M \>ecK : i < ! a9»a9H J092PK 'f « / '• < 4. _ . *aHin>nT&fk^t^- ¥.« *««iiAir*ri rr.^r^ a ■ I lA'^ b a ^ B-a - - a *a * ^ SS5P , !?• * . . ^ >' ■ ■-'• Betker & Associates, Inc. Mty 17.2002 Stnictura] En^neers MaivSniMh 1940 Country CiiA> Road LonolJl«».MN6536B RE: ExfafiingStnjclureEvaJuilionfor Ragitlwntlil AdcWon at 1040 Couniry Qub Road OeerMarv; I «n MWng to giv# you my oonduiiom on the arirtrro ilnicluie'a alaill^ to reoetve load from an addttion above. MyooncliMionearBbaaedonmyobaervalione«Mleatthaiite,andlnfomwtlonoiven tometyyou. twasMtheelteenWBdneedayt/faylO.2002. MyunderitandInooftheittuBtianisasfollows. You ate vwtWrgiMth a designer to layout an addWonai level above your ttdsbnghouae. YouwauMliketoaddanaddHionequBlinsizelogiaoutTentfoolprinI ofthekMarlavala. TMabidudee the acraan porch area above ttia garage. The aodtiing 12* (bundabon wall running along the North. East and West aidaa of the home are probably adequate to aupportaddWonol load. While at the aile I detenmined that every third block had both ooraa fined. Inwde the aoaumplion that there is also telnfiorcing placed in theeeoorea. Baaed on thaae obeervatiorm and aaaumptionB the foundation wells vidl support the added load of an addRional atory. The axMing North and South load beating vadtsetn not support addbonal load. They are made of • 2Tll2X4a spaaed atlS* on oentar. Thaae wals aaientiy support roof load only on the 2T level and roof and floor on the kMrast aouth and wall. In order to support the additional load of another level. I lecorrwnand adding a 2XB in between or next to each 2X4. This would require vdder^ the ardaHng sill and top plates. If the sB plate is widened toward the exterior of the bulking, the lou (Mion wall will need to be wMened to support ttw an plale. The axMlng East West non-lo^ bearing walls are adequate as long as th^ remain notvload l)earing. These are triads of 2X40|oadedif fS* cih oenter. The existing s creen porch structure Is not adequate to support any addtional load. I recommend renxival of the abvictue and replacing it wAh 2XB walla. Thn should give you enough Information to work wAh your designer on the scope and budget of the project We woiid be hap^ to assist you further ones you betfn preparing oonstruction documents. Csll If you need any fUthar information. Craig Haas. P.E r t - . i}£• • • » / ' % V f •*. ••ten 10700 W.Hwy.S3.Suite Its Minnespolit. MintiMou5344i .4134 PhOM Number (763)3464)083 FuNumbtr a63)346>30S9 e J F Hennepin County Taxpayer Services Depaj^Mdrit ! - qq..^p MLM iae.a$ "" c w ? »> _ «• *ri«* MVT30W . / n (13)--------- a s l.ub _rd tsar yj'i ^ coui^Ry /V. .U7 '*« / >v ^ A / X /.^r ••■ xX 1 7 >K‘* •■■ s/ •y "trrn ft ^ •*<!> ^4 V 1 >3- - Parcel Information Parcel ID 2711823420018 Houm Numbar 1840 Straat Nama COUNTRY CLUB RO >'t TNslanotal9g$fyt9eoi^m4p.linpr9mnt$tto inpttllon cUrtk mtden •* C . .*. u* . % •* ; • '• •*T A. i ’ * ' * n'*h: ' ’•4 ;< ^ >■■ - p V'Xf: - VVxK>>■{}>■ .^- ' ■, k*- ' ‘ '" ’ ■■ ■•-M' t mm DAie t7/i*/t2 BATCH S14 NCNNCrXN COUNTY rtOPCiTTV XHTOONATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PXASS401 PACE 07 PROP AMR OWNER NAME TAXPAYER NAME/AOOR St R7-11B-2S 42 RMS •Ittt BROWN RO N Jit LUCAS JOSEPH R LUCAS ittt BROWN RB N LOMO LAKE MN SSSSt SB 27-11B-2S 42 tllS •ItBt BROWN RO N HAROLD P BOWER ETAL HAROLD r BOWER IBBt N BROWN RD LONG LAKE MN SSSSt 58 27-118-2S 42 itl4 •1425 LAKEVXEW TER HAROLD F BOWER t WXFE HAROLD F BOWER list N BROWN RD LCXIG LAKE MN 55S5t PROP ADDR OWNER NAME TAXPAYER tIAME/ADOR Si 27-118-2S 42 0115 * •1845 LAKEVXEW TER SIIERXLYN DEANE ASKE-RENXCK SHERXLYN DEANE ASKE-REMICK 1845 LAKEVXEW TER LONG LAKE MN 55S54 Si 27-118-2S 42 iilA •1845 LAKEVXEW TER J C RETTXNGER/L L RETTXNOER JANES C 8 LAURA L RETTXN6ER 1845 LAKEVXEW TER LONG LAKE MN 55354 38 27-118-23 42 8817 •1428 COUNTRY CLUB RD K 8 D CARLSTEN. KEITH D 8 DEBORAH M CARLSTEN 1428 COUNTRY CLUB RD LONG LAKE MN 55S54 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 27-118-23 42 8818 81448 COUNTRY CLUB RD N J W SNXTN 8 N F SMITH NARVXN J W SMITH 1448 COUNTRY CLUB RD LONG LAKE MN 55S54 * SB 27-118-2S 42 8828 •1445 • COUNTRY CLUB RD PATRICIA A HONOALE PATRICIA A IMONDALEI CONNER 1445 COUNTRY CLUB RO LONG LAKE MN 55S54 38 27-118-23 43 8882 81425 COUNTRY CLUB RD 0 8 L FREOEEN GLENN G 8 LOIS E FREDEEN 1425 COUNTRY CLUB RD LONG LAKE MN 55S54 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR TOTAL BATCH 514 88884 X CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS XT APPEARS THIS DATE ON THE RECORDS OF NY #2812 # • -f ^oQ-'js/y^ •\ ;,MlS I ■ ' ,* • * % .'V -v ’' • ' N- • V;^ > CvT ; 4 'll •> . if-f ■-■■ ■ .V / ■• V.- * V . d'PTS^^v »t ■ r HI , “I . -»4.^ —1# ✓» >kp • ^ *r. r-f rj*»^4-^ —1# ✓» > T« ^ V iiSiis-^%EM& L. •‘ • •■>* * -t* .^ .v: *.■i'rt O'. I*”*! Jr' j-^r'*’f! V..,^Aim mrn^\ /-Si 4*^c m « « lU.— — - ir 1 fi ‘^C ftiuifit-iCuib ito n • .wi '1 tti.-.'iy 'o V-r ' '* ''V/'.' *' . e '. 1 ^V.*» . ' •.*>;’ • T?«'^ «iPM - • -r m ^,-. j.. 7r-\ - '^r :-■» o w‘ -*frr • /.^^^^aseSSBB E '. . ”.v>.''' j' . • ■■■■■R.: z rix ' - * mmmmmmLi:i.c\~ \i. . r.--.^%!iu> •. .. ly-, -f»'-. >- . _ •* ’ ■ ■ •••..» •.. ■;* •: .* . . k • ^ •■•h'!'?. I-•'■<*' ••• •"•• - • .* .* ■* ? ;*^. . ;- H\ ...*•’ ; r':,....*. • ••. •?. - * f , .;? ,* . • • .-• . -V . \ •; •* " .‘t; ' ' ' .1 si:/ ‘/‘T • t ,*■' *• •’ *■•' ;•* ** * •**•■** . i .•“ •*• •.*. •'»•’••*' • * •• f • •. ’••.•*.#' • .^*V*. i;.] ^ .!>;.•'. /•»•.. V**•* . • * .; • ; *• . ‘ . • * : . :v.v ■• . • •• • •;• r • • • • •*> 4 • . • -*•. • - ^ • > *1»I •. ..-VI.'.V .- : .i.'V • ... • ^ * • W i'J# ■ *••2 -. ' ■ • V. .• ! J • I SEP 2 3 2002 ClTYU»-OHONO RtQlTEST FOR COUNCIL ACTION DATE: September 19,2002 ITEM NO.: ^ Department Approval: Name Paul Weinberger Title Zoning Administrator Adminbtrator Reviewed:Agenda Section: Zoning Item Description:«02-2813 Mark Welch 3625 North Shore Drive Variances List of Exhibits: A B C D E F Proposed New Site Plan February, 2002 Approved Site Plan Resolution No. 4763 - Previous Variance Approval Memo and Exhibits of 9-3-02 Fire Code Excerpts Floor Plans/Elevation Views Application Background and Summary: The Council approved variances to allow a new house to be built on this property in February, 2002. A copy of the appro^'ed site plan is attached exhibit B. The property owner has requested two changes to the approved site plan. The changes include shifting the house I ’ closer to the west side property line (7.5’ setback). The second change is to add 65 square feet to the lakeside of the house by adding a 4.5 foot prow, ’^v-shape” glass point on the lakeside of the residence. The 4.5' extension will be ftom the center of the front of the house and angle back to each side. To construct the proposed house with the changes will require the following variances: 1. To permit 420 s.f. (I2.9*<>) hardcover and structure in the 0-75' lakeshore setback where 660 s.f. (17.6%) hardcover exists and no hardcover is allowed. [Section 10.22, Subdivisions 1 and 2, and Section 10.55, Subdivision 8] 2. To permit 884 s.f. (51.6%) hardcover in the 75-250* setback where 932 s.f. (54.4%) hardcover exists and 428 s.f. (25%) hardcover is allowed. [Section 10.56, Subdivision 16 (L) I and 2] 3. To permit new construction on the lot with a defined lot area of 5,462 s.f. where 21,780 s.f. is required and has lot width of 50* where 100' is required. [Section 1C.75, Subdivision 6 (B)] 4. To permit a side yard setback of 5' for the house where a I O' setback is required [Section 10.25, Subdivision 6 (B)] «2tl}Maik Welch 3623 Nofth ShofC Drive p^iore 5. To permit one ofT>street parking space to be located 3* from the adjacent property line where off-street parking in "R” districts is required to be set back 10*. (Section 10.61, Subdivision S (A)) PianolBg Commission Review and Recommendation of August 19,2002 and September 16, 2002: . The rianning Commission, on September 16'*', established development parameters that would allow redevelopment of the property while maintaining adequate setbacks to the lakeshore The Planning Commission also included review of the driveway access to this property and adjacent properties, and concluded the proposed encroachment of the shared driveway was not appropriate. Summary of the Planning Commission recommendation 1. The adjustment to allow a I’ shift for the house to allow a 7.5’ side setback, with a 1.5 ’ overhang be approved. 2. The house and overhang are permitted to be located with a SO’ setback to the lakeshore. 3. The house shrlt not be located closer to the north property line than the average distance of the two adjacent residences, which is equal to meeting the same setback as the existing house. The prow addition to the plans does Qot allow the house to expand beyond the size that was approved with the variances in February. The Planning Commission recommendation would not permit the 4.5 ’ prow, as requested with the new application. The Planning Commission based their recommendation on the following findings; A. This property does require lot area and lot width variances. Part of the review of lot area and lot width variances is to review if the property is capable of accommodating the proposed development. In this case, due to the decreased width of the driveway and its inconsistency with the alignment of adjacent houses the Planning Commission cannot recommend approval of the application. B. The primary concern with the proposed relocation of the house is the house would be located approximately 6’ into a shared driveway. There are two properties west of this propert>' that require crossing this property for their only access. Reducing the width of the driveway from the existing 22 ’ to 16’ w ill make parking and passing of vehicles more difficult than the current situation. C. The two adjacent houses are located at approximately the same rear/street setback as the existing house. If this house location is approved, it would set a standard for where new bouses along this driveway are built, and future requests from neighboring properties to narrow the driveway could be expected. D. The decreased width of the driveway will contribute to potential snow storage problems. There is little space to store snow along this street because of the steep grade up to North Shore Drive to the north. Snow storage to the south is restricted by the location of the houses. E. The Zoning Code requires two parking stalls on a residential property. One proposed stall is an interior parking space and the second would be located east of the house. The reduction in driveway width also makes backing of a vehicle from the garage stall difficult. 18* •2SI'Mark Welch 3625 North Shore Drive Pige2of4 L in many cases is not adequate to properly maneuver in and out of a garage. The concept of shifting the driveway to the north or adding a backout area beyond the existing driveway is not possible due to the extreme slope of the hill leading up to North Shore Drive. Also any changes to the driveway and/or addition of a backout area for vehicles would require removal of part of the hillside that supports the County Road and construction of a retaining wall system. The City would have further concerns with the land alteration and retaining walls since it would require additional hardcover on the property. F. The passable portion of the driveway is further reduced by any parking that would be located on the north side of the house. Assuming a standard 9’ parking width the total available passing distance remaining would be 10* if the house is located further to the north. G. The Planning Commission was supportive of any plan that would result in the house not encroaching further into the driveway than the existing house and not within SO' of the lakeshore. Both conditions could be met by removing (he roof overhang from the lakeside of the house and reducing the prow to 4' rather than 4.5’. Public Comments The adjacent property owner to the west (3635 North Shore Drive) appeared at the August 19, 2002 hearing and stated he would be supportive of the variances as presented that evening if the existing arborvitae privacy hedge that exists between the two residences remained. Addilional Staff Findings Since the Planning Commission meeting the City Fire Marshal was requested to provide standards for driveways for emergency vehicle access. The Fire Marshal stated the Uniform Fire Code (1997) requires access roads, including this driveway, meet a minimum accessible width of 20 ’. The current width of parts of this shared driveway is less than 20 ’. The driveway does get wider when it reaches the applicant’s property and the properties further west. The Fire Marshal stated the local Fire Chief can be requested to reduce the standards under certain conditions. Generally, the standards can be adjusted when each building is provided with sprinkling systems and/or adequate hydrant locations are available. [The houses on the private driveway are mostly old cabins that have been converted to year round homes. None have sprinkler systems. The properties are qo { served with municipal water, therefore there are no hydrants available. The water to fight a fire must be transported to the property by individual tankers.] The property is located in the Long Lake service area. The Long Lake Fire Dept, has been contacted to comment on the proposed building plan. No comments have been made available to the City as of the date of this memo. Those comments may be available by the Council meeting of September 23'**. The driveway serves as a private roadway. Private roadways serving 7 or fewer units in tlie City require a roadway width of 24’. This roadway is 22 ’ wide or less for the entire length. A 22 ’ roadway can serve adequately for this neighborhood but 16’ is qs I wide enough for a private road with parking. «2SI3 Mufc Welch 3625 North Shore Drive Pages of4 lAfliiflii lA> a.-^ COUNCIL OrriONS for action A.To approve variances as requested per the revised site plan, allowing the house to be constructed irto the driveway area. B.To approve the plan as recommended by the Planning Commisskm. This option approves essentially the same site plan as the February, 2002 variance with the only change being the I ’ shifting of the southwest comer of the house. Approval shall be subject to the following conditions, which are restated from the required conditions in Resolution No. 4763: a) b) c) d) e) Drainage and Utility easements shall be provided 10* along the north property line and S' along the interior property lines. The existing shed and ail hardcover proposed for removal is completed prior to a final inspection. Gravel shall be removed from the parking area to leave a minimum 3* setback to the property line. Final drainage plans shall be reviewed by the City Engineer to ensure drainage is properly directed. Property owners shall retain the arborvitae hedge along the west lot line. C.To deny the variances and allow the variances approved in February to be the standard for the new construction. Other Action Staff Recommendation Staff recommends option B. COUNCIL ACTION REQUESTED Approval per option B. A new resolution will be presented for approval at your October 14^ meeting. 12113 MMk Welch 362SNo«th Shore Drive Page 4 of4 i * 1 1 1! i I iNtniN UUUNIY, MINNtSOTA .CENTCW.»<E of travel - V** \ g49,80»«*»” ^ ______ (S) fCO. RD. NO. 51 NORTH SHORE DRIVE ^-V0 2. R<V/ISJl JL V — ^joRivi^ EXBTNC V. t HOUSE i \U (TO BE i ‘ ^ REM0,VE0) . j, 5>r^iu^ A'^ STING EXST» SHED j (TO « teMOV •SI IK _i________ —’Tf—4HOUSE !' ______________________•■"•"'— ••••••] ■floor HOUSE (MJ4) '•■ (Mia) \ HOUSE •. V lW.i \ \ \ (Mia) N<wp<o«i. SURVEY \«LINE\ 1 4^0 ' % » 1/ / Im17)5 AL DESCRIPTION OF PREMISES -G29.4 CONTOUR UNELAKE 9. Auditor ’s Subdivision No. 263 MINNETONKA denotes Iron marker CRYSTAL BAY \ ff denotes existing spot elevation, mean sea level datum ^ ^ / -i . - - i . i i i gJH ■iC#«F Lt-? - : '’■m:4>'i'M 4 P- ' -H i'■n ^xi./jtim, tg) < u 5 •p ‘i CO 'T rH 00 (M 5fctrI .. t >•5' ’<Ai; ■#' i o 0\ K'' AT GITYof ORONO N/ /.V RESOLUTION OF THE CITY COUNCIL 4763NO. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B); SECTION 10.22, SUBDIVISIONS 1 AND 2; SECTION 10.56, SUBDIVISION 16 (L) 1 AND 2; SECTION 10.55, SUBDIVISION 8; AND SECTION 10.61, SUBDIVISION 5 (A) FILE NO. 01-2751 \MIEREAS, Mark Welch, (hereinafter "the applicant") has an intercstin the property by a Contract for Deed, and Robert Eberle and Colleen Eberle, are owners (hereinafter “the owners”) of the property located at 3625 North Shore Drive within the City of Orono (hereinafter "the City") and legally described as follows: Lot 9, Auditor’s SubdivisionNo. 273, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied for variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2, Section 10.55, Subdivision 8 and Section 10.56, Subdivisions 16 (L) 1 and 2 to permit 615 s.f. (16.4%) hardcover in the 0-75* lakeshore setback where 660 s.f (17.6%) hardcover exists and no hardcover is allowed, and to permit 884 s.f. (51.6%) hardcover in the 75-250’ setback where 932 s.f. (54.4%) hardcover exists and 428 s.f. (25%) hardcover is allowed; Section 10.25, Subdivision 6 (B) to permit new construction on the lot with a defined lot area of 5,462 s.f. where 21,780 s.f. is required and a lot width of 50 ’ where 100 ’ is required, and to permit a side yard setback of 5’ for the house where a 10 ’ setback is required; and Section 10.61, Subdivision 5 (A) to permit one off-street parking space to be located 3’ from the adjacent property line where off-street parking in “R” districts is required to be set back 10 ’; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on February 19, 2002, 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, Metro Legal Services Inc. Box 491 Page 1 of 7 J /o iiX p> ^ CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 7 6 8 3. FINDINGS 1. This application was reviewed as Zoning File #02-2751. 2. The property is located in the LR-IC, Single Family Lakeshore Residential Zoning District where 'A acre is the minimum lot size and 100 feet is the minimum lot width. The property is 5,462 s.f. (absent the traveled portion of the shared driveway) and has a lot >\idth of 50'. The Planning Commission reviewed the application for variances and recommended approval by a vote of 6 to 0 based on the following findings and hardships: A.The City of Orono has routinely granted variances to lot area and lot width for redevelopment on non-conforming lots in the City. The property does meet the criteria that is normally considered when review ing such proposals. The property is connected to sanitary sewer and the house would be located in an area above the regulatory flood plain. B. Overall hardcover on the property would decrease. C. The land elevation is about 4' higher than the ordinary high water level of Lake Minnetonka. The lot cannot accommodate a basement. The new house is proposed to be located 53' from the lakeshore where a 75' setback is required. Both adjacent houses are within 50' of the lakeshore. The new house is located to meet the minimum 50' lakeshore setback as required by the DNR. DNR staff has reviewed the plans and stated they do not have any requirements on the development based on the building being located outside the 50' setback. E. The house proposed cannot meet a 75' setback due to the location of the shared driveway access on the property. The house is located to within 2' of the edge of the drive. Page 2 of 7 _ hm CITYofORONO RESOLUTION OF THE CITY COUNCIL NO.___4Jr-6.3 - F.The 5' side setback has been requested to provide one additional parking space on the property. The Zoning Code requires residential properties to have 2 ofT*street parking spaces. To accommodate a second paricing space next to the house, a side setback variance is required because the house is shifted towards the west side property line. The parking stall must be located between the house and side property line due to the shared driveway located behind the house. The driveway is narrow and permanent parking within the driveway area would block through traffic. G. No parking is available on the opposite side of the shared driveway as the land inunediately begins to rise to the elevation of North Shore Drive. H. A typical parking space in a commercial area is 9' X 20' in size. The proposed parking area would be approximately 10' X 20'. 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 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 difficult>*; 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. 6.The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2, Section 10.55, Subdivision 8 and Section 10.56, Subdivisions 16 (L) I and2 to permit615 s.f. (16.4%) hardcover in the 0-75* lakeshore setback where 660 s.f. (17.6%) hardcover exists and no hardcover is allowed, and to permit 884 s.f. (51.6%) hardcover in the 75-250' setback where 932 s.f. (54.4%) hardcover exists and 428 s.f. (25%) hardcover is allowed; Section 10.25, Subdivision 6 (B) to permit new construction on the lot with a defined lot area of 5,462 s.f. where 21,780 s.f. is requir^ and a lot width of 50' where 100' is required, and to permit a side yard setback of 5' for the house where a 10' Page 3 of 7 CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. 476 3 setback is required; and Section 10.61, Subdivision 5 (A) to permit one ofT*street parking space to be located 3* from the adjacent property line where ofif-street parking in *'R'* districts is required to be set back 10' subject to the following conditions: 1. 2. 3. 4. 5. 6. 7. 8. Drainage and Utility easements shall be provided 10' along the north property line and 5' along the interior property lines. The existing shed and all hardcover proposed for removal is completed prior to a final inspection. Gravel shall be removed from the parking area to leave a minimum 3' setback to the property line. Final drainage plans shall be review’ed by the Cit>* Engineer to ensure drainage is properly directed. The property shall be developed in conformance with the site plan attached as Exhibit A. 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 (February 25,2003). Violation of or non*compliance with any of the terms and conditions of the variances shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned owners have read, understand and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. P^e4of 7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.-----4-768__ Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 25th day of February, 2002. ATTEST: // l()Ll, Linda S. Vee, City Clerk ^Za<rA- Barbara A. Peterson, Mayor Fee Owners Applicant STATE OF NHNNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 25th day of February, 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 ALISSAAWINTERNHEIMER NOTARY MUC • MNNESOTA My CoRnWonCipim Jin. 31.1006 2C3C?T51 The foregoing instrument was acknowledged before me on this day of A_____, 20 0 P by Linda S. Vee, City Clerk of the City of Orono, a Miimesota municipal corporation and said instrument was executed on behalf of the City. zd-uiSi/AA- Notary Public PageSof 7 r “T MISEM.L 3k- ^ MOTAWYHmg.lMmOfA jM. It. an »T *o\\ CITYofORONO RESOLUTION OF THE CITY COUNCIL NO.__4 7 6 3 STATE OF MINNESOTA COUNTY OF HENNEPIN On this _Vl'day of fYv^trlrt 20 (YV ^ f ^ A.‘>»-»Ao Ir \ personally appeared before me, ____who is personally known to me whose identity I proved on the basis of IMM £>t — ____whose identity I proved on the oath/afTirmation_________________ a credible witness and who executed the foregoing instrument, and acknowledged that hc/she/they executed the same as his/her/theijt,ftsftitfctiiiii^ 1 ""x RACHaOOOGE S * iotary Public STATE OF MINhgs e^—•—__ COUNTY OF llcffNEIW Ch^^U'T^ On this day of Ao^H . personally appeared before me, ____who is personally known to me .»20Qa. T^Ofler/sr whose identity I proved on the basis of fiLoe.aA whose identity I proved on the oath/affirmation_______________ a credible witness and who executed tl^acknowledged that he/she/they executed the same as his/her/theiifaqR£Laiul <l^d::.v:>LCiM^^ I // , /) , Notary Pdblic ^C l oc-x '.s.'i'ii., .. :• 2^JQ3 ••\ltfury-.sv v'e^’-'vingCo STATE OF MINNESOTA COUNTY OF HENNEPIN On this ^3. day of A0fi*C personally appeared before me, ____who is personally known to me ., 10 ox Couesn whose identity I proved on the basis of fLoc,x^t* 'bPtJseA Lir ^p/tus- ___whose identity I proved on the oath/affirmation ________________ 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. ./ /) j / Notar/PublicK.AAEN E LOKKER HrnriMMISSIONfCCmUT LXPHU3 M if.aoos ^4 P«:«yl«viQiiiMR|Oai Page 6 of 7 Exhibit A Page 7 of 7 4 768 •Jk • D ApplicatioD Date: 7116/92 Deadline: 11/14/02 TO: ” Chair Smith and Orono Planning Commission Members Ron Moorse, City Administratoi FROM: Paul Weinberger, Zoning Administrator/Planner DATE: September 3,2002 SUBJECT: #02-2813 Mark Welch 3625 North Shore Drive Variances -- Public Hearing Zoning District: Lot Area: LR-IC One Family Lakeshore Residential District (.5 acre) 5,462 s.f. Exhibits: A Revised Site Plan (9-3-02) B Approved Site Plan C Hardship Statement D Building Sketches/Floor Plan E Site Topography/Neighborhood Map F Draft Plaiming Commission Minutes (8/19/02) G Staff Report (8/15/02) Application Review: The applicant received variances earlier in 2002 to permit construction of a new residence on the property. The applicant has not yet built the new house and has submitted a variance application to make two changes to the approved plan. The changes to the approved plans include the following: 1. Shifting the residence op the west side from 8.5 feet to 7.5 feet from the property line to straighten out the residence to run parallel with the property me versus having it run parallel with th “ lake shore angle. 2. Add 65 square feet to the front of the house by adding a 4.5 foot prow, “v-shape ” glass point on the lakeside of the residence. The 4.5’ extension will be from the center of the front of the house and angle back to each side. •02-2SI3 Mvt(W«tch 3625 North Shore Dri%e Pifr I Planning Commission Review and Recommendation of August 19,2002: The Planning Commission tabled this application and advised the applicant to revise the site plan to push the house and eaves back on the property to meet a 50’ setback to the lakeshore. Furthermore the applicant could not exceed 660 s.f. which is the existing hardcover in the 0-75’ setback. The adjacent property owner to the west (3635 North Shore Drive) repeated at the hearing and stated he would be supportive of the variances as presented that evening if the existing arborvitae privacy hedge that exists between the two residences remained. The new site plan does meet the parameters as established by the Planning Commissison. The revised application requires review of the following variances: 1. Section 10.25, Subdivision 6 (B): Side Yard Setback: Minimum side yard setback in the LR-1 C zoning district is 10 ’. Variance Requested: To permit addition to be 5 ’ and 7.5 ’ from we-ot side property line. Side Yard: The rear of the residence is approved to be located 5’ from the west property line where 10 ’ is required. The lake side corner of the residence was approved to be 8.5 feet from the property line. The applicant is proposing to locate this comer of the residence at 7.5’ from the property line. The 5’ side yard setback was approved to provide one additional parking space on the property. To accommodate the second parldng space next to the house, a side setback variance was required because the house was shifted towards the west side property line. The rear comer of the residence will still be located 5’ from the property line. The city prefers residences to be a minimum of 10' apart, the lakeside comer will be 8.5’ from the adjacent residence rather than 9.5 feet per the prior variances approval. The 10 ’ separation between buildings that City strives to maintain is for emergency access as well as for aesthetics, to limit the visual density within neighborhoods. .Access will ^ available from the east side of the property. 2. Section 10.55, Subdivision 8: Structure within tbr 75’ Ukcshorc Setback. 3. Section 10.22, Subdivisions 1 and 2, and Section 10.56, Subdivision 16 (L) (1 and 2): Hardcover. Total Area 0-75’ = 3,750 s.f. Allowed = 0 s.f. Approved = 615 s.f. (16.4%) Proposed = 420 s.f. (12.9%) Total Area 75-250’ = 1 ,712 s.f. (Docs not include 1,1*3 s.f. of shaded driveway) Allowed = 428 s.f. (25%) Approved = 884 s.f. (51.6%) Proposed = 884 s.f. (51.6%) •02-211) MwkWckh 362$ Nonh Shore Drivv Pi«t2 It would be appropriate to restate the other variances that were required to redevelop this property. 4. Section 10.25, Section 6 (B): Lot Area/lot width. (LR-IC Zoning District) 5. Section 10.25, Subd. 6 (B): Side Yard Setback encroachment 6. Section 10.61, Subd. 5 (A); Required parking in a Residential Zoning District. To permit one off-street parking stall to be located 3’ from an interior side property line, where off- street parking for residential lots requires a 10’ setback. Staff Recommendation (Revised Site Plan) Staff is recommending denial of the application as revised due to the following difficulties: Relocating the house to meet a 50’ lakeshore setback pushes the house further back on the property and into the shared driveway. The new house on this property would encroach 5’ to 6’ into the driveway. The addition of the 4.5 ’ “V-shaped ” prow and overhang causes the driveway encroachment. The previously approved plan had the house meeting a 53’ setback to the shoreline for the house, with the overhang being 48.5 ’ from the shoreline, but no part of the house encroached into the driveway. Both site plans are attached as Exhibits A and B. Staff has visited the property and determined the two adjacent houses are located at approximately the same setback as the existing house. If this house location is approved, it would set a standard to where new houses along this driveway are built. The primaiA concern with the proposed relocation of the house is the house would be located 6’ into a shared driveway. There are two properties that require crossing this property for their only access. Reducing the vvidth of the driveway from the existing 22’ to 16’ w ill make parking and passing of vehicles more difficult than what is there now. The decreased width of the driveway will contribute to potential snow storage problems for the driveway. There is little space to store snow along this street because of the steep grade up to North Shore Drive to the north. Snow storage to the south is restricted by the location of the houses. Stall is not aware of how snow storage is handled on this driveway, but does see narrowing as a concern. The reduction in driveway width also makes backing of vehicles out of the garage stall difficult. 16' in many cases is not adequate to properly maneuver in and out of a garage. The concept of shifting the driveway to the north or adding a backout area beyond the existing driveway is not possible due to the extreme slope of the hill leading up to North Shore Drive. Also any changes to the drivew ay and/or addition of a backout area for vehicles w» uld require removal of part of the hillside that supports the County Road and construction of a retaining wall system. This option would have to be reviewed by Hennepin County. The City would have further concerns with the land alteration and retaining walls since it would require additional hardcover on the property. This property does require lot area and lot width variances. Part of the review of lot area and lot w idth variances is to review if the property is capable of accommodating the proposed development. «02-2(l3 Mark Welch 3625 North Shore Drive P«gc 3 In this case, due to the decreased width of the driveway and its' inconsistency with the alignment of adjacent houses Staff cannot recommend approval of the application. Staff is supportive of any plan that would result in the house not encroaching further into the driveway titan the existing house and not within SO' of the lakeshore. Both conditions could be met by removing the roof overhang from the lakeside of the house and reducing the prow to 4’ rather than 4.5’. Planning rommbsion ODtioBS for Action A.If the Planning Commission makes a recommendation of approval for the application as revised, the following variances are required and should be noted in the motion; 1. To permit 420 s.f. (12.9%) hardcover and structure in the 0-75’ lakeshore setback where 660 s.f. (17.6%) hardcover exists and no hardcover is allowed. [Section 10.22, Subdivisions I and 2, and Section 10.55, Subdivision 8J 2. To permit 884 s.f. (51.6%) hardcover in the 75-250' setback where 932 s.f. (54.4%) hardcover exists and 428 s.f. (25%) hardcover is allowed. [Section 10.56, Subdivision 16 (L) 1 and 2] 3. To permit new construction on the lot with a defined lot area of5,462 s.f. where 21,780 s.f is required and has lot width of 50' where 100' is required. [Section 10.25, Subdivision 6 (B)] 4. To permit a side yard setback of 5' for the house where a 10' setback is required [Section 10.25, Subdivision 6 (B)] 5. To permit one off-street parking space to be located 3' from the adjacent property line where off-street parking in "R” districts is required to be set back 10'. [Section 10.61, Subdivision 5 (A)] Any recommendation of approval shall be subject to the following conditions, which are restated from the required cc .ditions in Resolution No. 4763: a) b) c) d) Drainage and Utility easements shall be provided 1 O' along the north property line and 5' along the interior property lines. The existing shed and all hardcover proposed for removal is completed prior to a final inspection. Gravel shall be removed from the parking area to leave a minimum 3' setback to the property line. Final drainage plans shall be reviewed by the City Engineer to ensure drainage is properly directed. B. A recommendation of denial, stating reasons. C. Table, providing direction to the application. D. Other Action. •02-2SI3 MwiWekh 3625 Noflh Shore Drive Pagc4 NtMN (JUUNIY, MINNESOTA CEMIWLtC Of WVEt' %U67 WD. NO. 51 m -___«• BTUMWOUS l>0»D»*’' --------&02'53' 21" i „_-oL=50.0<» » “ *”1 R=987.68 Lss49.80i€A9«O north shore drive R< V I SJLci. ‘'••.r.O ’V ^ EXISTNG «i HOUSE 1 (TO BE ^unvrn\MOyEOl.^, 5 V\^‘ ExisnHE^nr*SHcO(^ro BE kl auva TO ROMM prof^seOj V\ * >\6 ’• Wm....^ ^^'HOUSE •2* A> _______ \»«>«» :trs'ISTIN6 ..... :moveo) EXISTMG t • HOUSE (tu.«) HOUSE ALS (•»•) SURVEY LINE! \ / fW2.7)5 A9WA-^^."T-y/virAS" 'N _ AL DESCRIPTION OF PREMISES 929.4 CONTOUR LINELAKE 9. Auditor's Subdivision No. 263 MINNETONKA CRYSTAL BAY n denotes ironmorker •% denotes existing spot elevotion, mean sea level datum /r^2o ml m ^ m i Exhibit A J PageTof 7 July 16,2002 Detcrlplion of Roquoot 1) ^ift the west side line from 6.5 feet to 7.5 feet 2) Add 65 square feet to the front of the house by adcfing a 4.9 foot *v< shape* glass Prow. Hardship / Description of Unusual Property Conditions; The four main problem areas are the access road, lot size, well position and limited parking. The access road has a steep embankment which runs parallel with county road 51 and provides access to this lot and five other neighboring properties. The access road is narrow and congested due to resident and quest parkirtg. • The lot size is extremely narrow and the current home does not fall vrithin the new city allowances. The new design is designed to accommodate the lot size and is positioned behind the two existing neighbor ’s homes. The well position is currently out side of the city variances. Limited space for safe parking due to the narrowness of the lot and access road there is limited parking available for the residents and or quests. #2813 St^rtd Fioft 4r-i I I »• -r. I un i wnwr \.c[ ;\ I I A*«inr:c *^ri k-i *1u.‘J . OOMfl I r*—i u ' i I <tenio ; itiow . I I ,i.r^zdk u ^■m «■\ i* *4 ■ •*• »*. jm iiiliiaii!^ r.I \/ n i\ . l: I I ■miiir ' n,„'4 b First Fl««r ' \- > ' ud r >iJE i ! V:^S|gliHP?*E M (T^. ' •sr> '. . ■ ' ■n “!l i © MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 19,2002 0:30o’dockpjii. © Fritzler concurred with Rahn. Bremer moved, Mabnsth seconded, to approve Application ii02-2812, Ma rvin and Mary Smith, 1940 Country Club Road, a front yard setback variance to con: a 2 1/2 story addition over the existing garage of the residence. VOTE: Ayes 5, Nays 0. (#5) #02-2813 MARK WELCH, 3625 NORTH SHORE DRIVE, VARIANCE 8:06 p.m. - 8:40 p.m. Linda Welch, Sister representing the Applicant Mark Welch, was present Bottenberg explained that the applicant was approved to construct a new residence on the property in February, 2002. The applicant has not yet built the residei^^e and wishes to make two cb-^eiges to the approved plan. Bottenberg reported that the changes to the plan include shifting the residence on the west side from 8.5 feet to 7.S feet from the property line, straightening the residence to run parallel with the property line versus the lakeshore and add 65 s.f. to the front of the house by adding a 4.5 foot prow, 'V-sh^” glass point on the lakeside of the residence. The approved variances had not expired and the additional variances would include a side yard setback to permit the addition to be 5 ’ and 7.9 ’ fiom the west side property line. Additional variances for hardcover and structure within 75* of the lakeshore were also necessary. The proposed residence was originally approved to be 53 ’ from the lakeshore, the addition of the “prow ” extends the house 4.5 ’ towards the lake which now locates the residence 48.5 ’ from the lakeshore. Bottenberg reminded the Commission that the DNR minimum lakeshore setback standard is 50 ’ for a General Development Lake property. Although the residence would still be further from the lakeshore than the two adjacent residences, the average lakeshore setback is not an issue. PAGE 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, Angnst 19,2002 6:30 o’clock p.in. Smith asked what the rationale for the “prow” was. Ms. Welch stated that the **prow” is aesthetically better and maximizes views of the lake. Mabusth reminded the Commission that the extension of the eaves count if they do extend into the setback area, stating that this was something they had cautioned the applicant of back in February. Gaffion noted that the drawing with eaves was not approved in the original proposal. Mabusth stated that the glass structured prow extended 48.5* fipom the lake, however, this measurement did not reflect the eaves, which would extend even further into the setback, as would any steps. Rahn asked if the glass ‘^row“ was all windows and no doors. Ms. Welch stated there were no doors. Rahn questioned how much further the eaves would extend into the setback. It appeared to him as if the eaves would extend an additional 4-5 feet into the setback area. Mabusth stated that while she had no problem with the aligiunent, if they are appro/ing the substandard setback they have to be sure that emergency vehicles could access the side yard and recommended that no fence line be placed there She felt the Commission should adhere very strongly to the lakeshore setback. Smith questioned whether the “prow" could be set back further into the house to meet the approved setback area. Mabusth asked how the Commission felt about holding the applicant to the original 660 s.f. PAGE 17 ■ _■ .a. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, Angnst 19,2902 9:30 o’clock p.ra. hardcover that existed before removals. Rahn stated that he had no issue with the applicant moving further towards the street about 1 1/2* which would still keep them within the average lakeshore setback. Gaffron reiterated that the glass structure only could extend the additional 1 1/2*, the eaves on top of that would mean that much more encroachment. F^hn stated that the design could be revised so as not to encroach within *hc 50* setback and asked what would happen if the City goes beyond the DNR SO* setback. Gaifion stated that City*s are allowed to go beyond the DNR recommendation, and have done so in some instances. Smith asked how vigilant the City has been to adhere to the 50* DNR setback and uphold this reconunendation. Gaffron noted that in certain situations they have granted the encroachment. Rahn stated that he was okay with the 65* s.f. **prow** addition and a 1 foot gable overhang, which would keep the property well under the 1,500 s.f lot coverage allowed. GaflBron pointed out that die 1,500 s.f. is a limit not an allowance to be met. Bremer stated that she had difficulty supporting this application since earlier that evening the Melin application had been sent back to the drawing board when they had proposed encroaching into the 75’ setback with a deck. She indicated that 50* is much too close and she could not support the application. Mabusth stated that she had no problem with the west lot line realignment but bad difScuity with PAGE 18 MINUTES OFTHE ORONO PLANNING COMMISSION MEETING Monday, August 19,2002 0:30o*dockpjn. going beyond the 53’ setback. She felt they needed to be consistent with the earlier plication. Rahn agreed stating that the City needs to maintain some consistency in new home versus existing home construction. Mabasth indicated that she had a problem with more encroachment and extending eaves. Rahn maintained that the code did not read the way he felt it was being interpreted. Gaffion reiterated that property owners may be allowed 1,500 s.f. coverage and hardcover, however, little lots may never reach that and maintain han'cover restrictions. Smith stated that she could support shifting the residence, but could not accept the additional 64 s.f. Bob Liberman, 3635 North Shore Drive, stated that he believed the addition would look very nice but voiced his concern over what moving the residence closer to the lot line would mean to his property. Mr. Liberman asked how this might impact him if he ever chose to rd)uild, would he be limited by what his neighbor was allowed to do coming so close to the property line. He went on to question the possibility of losing the aiborviUe privacy hedge that exists between the two residences. He was concerned that they remain in order to maintain privacy. Ms Welch stated that she assumed that the wall of arborvitae would remain to maintain privacy. Smith indicated that Ms. Welch was speaking on Mr. Welch’s behalf and could speak to the need to keep the arborvitae. Gaffion stated that if the Commission supports the realignment it would not be an unreasonable condition that the arborvitae remain to maintain the privacy and screening. PACE 19 ^1^ MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday* Angntt 19,2002 6:30 o’dock p.m. Smith asked Mr. Libennan if he could support the shift if the arborvitae remained. Mr. Libennan stated that he could support the shift if th' arborvitae did remaiti. Ms. Welch indicated that she believed the applicant could leave the shrubbery or the equivalent. Smith indicated that the Commission seemed to favor the shift but had difficulty supporting the eaves and “prow”. Fritzler stated that, as proposed, he could not support the extending peak or “prow”, he felt the front either had to be straight across or moved back further into the house. Mabusth and Bremer felt the applicant needed to maintain a 53* setback. Rahn stated that he liked the new design. Smith stated that she liked the **prow” but wanted to see it at S3*. She questioned whether the Commission could support giving them back the original 660 s.f of hardcover. She indicated that she could see that three of the Commissioners felt no additional hardcover was warranted. Ms. Welch argued that this new home application differs from the Melin existing home application due to the investment being made and the fact that this home would not ever be allowed any decking. Bremer argued that this application could support a deck if the home being proposed were smaller. The similarity to McIin is merely that they both fall under the 1,500 s.f. hardcover. Smith suggested the applicants table the ^plication in order to redesign the plan, pulling back the ‘*prow** a bit to maintain the 53* and coming back again. PAGE 20 I MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday. Aagvit It. 2002 0:30 o’clock pjn. Smith once again asked if the Commission were willing to give a little bit on the square footage. Mabusth stated that the original home had 660 s.f of hardcover and felt it justified to hold the new residence to that figure, yet she stressed how important it was to maintain the 53* setback. Smith asked if rhis meant up to the SO’ DNR recommendation. Fritzlcr and Bremer stated that they would adhere to the approved 53’ and no less. Mabusth stated that she would like to know how deep the proposed overhang would be. Rahn stated that he could srpport the 50’ setback. Ms. Welch asked the Commission to set the parameters for her and she would take them back to Mr. Welch to redesign and meet those. Mabusth reiterated that the applicant not exceed the 660 s.f and maintain a 50’ setback, and asked her to have the surveyor mark the eave depth and distance from the lake on the survey the next time around. Ms. Welch felt she had enough to go on. Rahn still questioned the overhang status. Mabusth pointed out that if a structure meets setback, it is a legal nonencroachment if the eaves overhang 1 1/2’; however, since this structure does not fall within the legal setback of 75’, the overhangs are counted into the equation. Smith moved, Frilalcr seconded, to tabk Application d02>2ll3, Mark Welch, 3625 North Shore Drive, to allow the applicant time for redesign pnrposes. VOTE: Ayes 5, Nays 0. PAGE 21 TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg, Zoning Administrator/Planner DATE: August 15.2002 SUBJECl:H02-2i\3 Mark Welch 3625 North Shore Drive Variances -- Public Hearing Zoning Distriet: Lot Area: LR-IC One Family Lakeshoie Residential District (.5 acre) 5,462 s.f. Eihibits: A Application Description of Request Survey/Site Plan Staff Report from #02*2751 Resolution #4763 Plarming Commission Minutes - February 19,2002 City Council Minutes - February 25,2002 Plat Map B C D E F G H Application Summary: The applicant was approved to construct a new residence on the property in February, 2002. The applicant has not built the approved residence and wishes to make two changes to the approved plan. The applicant is still proposing to construct a two bedroom/two bath home with a one stall “tuck under" garage space. The changes the applicant is proposing to the approved plan are: 1. Shift the residence on the west side from 8.5 feet to 7.5 feet from the property line - Straightening out the residence to run parallel with the property line versus having it run parallel with the lake shore angle. 2. Add 65 square feet to the front of the house by adding a 4.5 foot prow, “v-shape ” glass point on the lakeside of the residence. The 4.5’ extension will be from the center of the front of the house and angle back to each side. «02*2813 Mark Welch 3623 North Shore Drive a \ 5/2002 Page I of3 Discussion: The previous application approved the following variances; - Section 10.25, 6 (B): Lot Area/lot width. ^ . Section 10.55, Subd. 8, Section 10.22, Subd. 1 and 2, andSuW. iO.56, Subd. 16 (LKl): Hardcover and structure within 75’ of the lakeshore, and greater than 25% hardcover in the 75-250’ setback zone. - Section 10.25, Subd. 6 (B): Side/rear yard setbacks. - Section 10.61, Subd. 5 (A); To permit one off-street parking stall to be located 3 ’ from an interior side property line. The approved variances have not expired. However, because the site plan has changed two variances need to be revisited regarding the changes reflected in the new plan. Pertinent Code Sections: I. Section 10.25, Subdivision 6 (B): Side Yard Setback; Minimum side yard setback in the LR-1C zoning district is 10’. Variance Requested; To permit addition to be 5’ and 7.9 ’ from west side property line. Side Yard: The rear of the residence is approved to be located 5’ from the west property line where 10’ is required. The lake side comer of the residence was approved to be 8.5 feet from the property line. The applicant is proposing to locate this comer of the residence at 7.5’ from the property line. (See Exhibit C). The 5’ side yard setback was approved to provide one additional parking space on the property. To accommodate the second pacing space next to the house, a side setback variance was required because the house was shifted towards the west side property line. The rear comer of the residence will still be located 5’ from the property line. The city prefers residences to be a minimum of 10’ apart, the lakeside comer will be 8.5’ from the adjacent residence rather than 9.5 feet per the prior variances approval. The 10' separation between building.* that City strives to maintain is for emergency access as well as for aesthetics, to limit the visual density within neighborhoods. Access will be available from the east side of the property. 2. Section 10.55, Subd. 8, Section 10.22, Subd. 1 and 2, and Section 10.56, Subd. 16 (LXl): Variances for hardcover and structure within 75’ of the bkeshorc. Total Area 0-75’ = 3,750 s.f. Allowed *• 0 s.f Approved * 615 s.f. (16.4%) Proposed ■ 680 s.f. (18.1%) S02-28I3 Mark Welch 3625 North Shore Drive 8/15/2002 Page 2 of3 » Total Area 75-250’ = 1,712 s.f. (Does not include 1,153 s.f. of shared driveway) Allowed = 428 s.f. (25%) Approved = 884 s.f. (51.6%) Proposed “ 884 s.f. (51.6%) Lot coverage by structures will increase ftom 1,176 s.f. to 1,241 s.f. Still below the allowed 1,500 s.f. for the property. The proposed residence was approved to be 53’ from the lakeshore. Adding the “prow ” extends the house 4.5’ towards the lake which will now be located 48.5’ from the lakeshore where a 75’ setback is required. Both adjacent residences are within 50’ of the lakeshore. The DNR minimum lakeshore setback standard is 50’ for a General Development Lake such as Lake Minnetonka. The proposed residence will still be further from the lakeshore than the two adjacent residences, so average lakeriiore setback is not an issue. Statement of Hardship: The applicant has included their statement of hardship in Exhibit B. To summarize the hardships, the four main problem areas are the access road, lot size, well position, and limited parking. Planning Conunbsion Options for Action: 1. Recommend approval. 2. Recommend denial, stating reasons. 3. Table, giving applicant direction. 4. Other action. (H)2-28I3 Mark Welch 3623 North Shore Drive S/IS/2002 Page 3 of 3 i' If Si m? UNIFOflM FIRE CODE PART III GENERAL PROVISIONS FOR SAFETY ARTICLE 9 — FIRE DEPARTMENT ACCESS AND WATER SUPPLY SECTION 901 — GENERAL 90M Scope. Fire department access and water supply shall be in accordance with Article 9. For firesafety during construction, alteration or demolition of a building, sec Article 87. 90U P^lls and Plans. 90U.1 Permits. A permit is required to use or operate fire hy­ drants or valves inten^d for fire-suppression purposes wnkh are installed on water systems and accessible to public highways, alleys or private ways open to or genendiy used by the public. See Section 105, Permit f.l. EXCEPTION: A permit is not required for persons employed and authorized hy the water company which supplies the system to use or operate fire kydraots or valves. 90l2Jt Plant. 901.2.2.1 Fire apparaliis access. Plans for fire apparatus access roads shall be submitted to the fire department for review and ap­ proval prior to construction. 901.2.2.2 Fire hydrant systems. Plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. 90U Timing of Installation. When fire protection, including fire apparatus access roads and water supplies for fire protection, is required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction. EXCEPTION: When iltemaie mctbo<^ of procecUoo, is approved, arc prwided, the requiremenU of Sectk» 901.3 may he OBodified or waiv^. 901.4 Required Marking of Fire Apparatus Access Roads, Addresses and Fire-protection Equipment 901.4.1 General Marking of fire apparatus access roads, addresses and fire-protection equipment shall be in accordance with Section 901.4. 901.4J Fire apparatus access roads. When required by the chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both. 901.4J Fire-protection equipment and fire hydrants. Fire- protection equipment and fire hydrants shall be clearly identified in an approved manner to prevent obstruction by parking and other obstructions. When required by the chief, hydrant locations shall be identified by the installation of reflective markers. See also Section 1001.7. I Ml.4.4 Prnnises MeotiflcatiQB. Approved numbers or ad­ dresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. 901.4J Street or road signs. When required by the chief, streets and roads shall be identified with approved signs. 90U Obstruction and Control of Fire Apparatus Access Roads and Fire-protection Equipment. See Sections 902.2.4 and 1001.7. 901.6 Fire Protection in Recreational Vehicle, Mobile Home and Minufactured Housing Pnrict, Salco Lots and Storage Lots. Recreational vehicle, mobile home and manufactured housing parks, sales lots and storage lots shall provide and main, tain fire hydrants and access roatfe in accordance with Sections 902 and 903. EXCEPTION: RcaeationtI vehicle pifks located ta remoie areas shall be provided with protection and access roadways as required by the chief. SECTION 902 — FIRE DEPARTMENT ACCESS 902.1 General. Fire department access roads shall be provided and maintained in accordance with Sections 901 and 902. 902.2 Fire Apparatus Access Roads. 902.2.1 Required access. Fire apparatus access roads shall be provided in accordance with Sections 901 and 902.2 for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction when any portion of the facility or any portion of an exterior wall of the first story of the building is located more than 150 feet (45 720 mm) from fire apparatus access as measured by an approved route around the exterior of the building or facility. See also Section 9023 for per­ sonnel access to buildings. EXCEPTIONS: I. >k ’hen buildings are completely protected with an approved automatic fire sprinkler system, the provisiocis of Section 902.11 and 902.2.2 may be modified by Uie chief. 2. When access roads cannot be ansulled due to location on property, topography, waterways, nonnegoUable grades or other similar condi ­ tions. the chief is authorized to require additional fire protection as spe­ cified in Section 1001.9. 3. When Uiere arc not more than two Group R, Division 3. or Group U Occupancies, the requiremenu of Sections 902.2.1 and 9023.2 may be modified by the chief. More than one fire apparatus road shall be provided when it is determined by the chief that access by a single road might be im­ paired by vehicle congestion, condition of terrain, climatic condi ­ tions or other factors that could limit access. For high-piled combustible storage, see Section 8102.6.1. For required access during construction, alteration or demoli­ tion of a building, see Section 8704.2. 902.23 Spccifkatiooa. 902J3.1 DfantssioRs. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm) and an un­ obstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). EXCEPTION: \%rtical clearaacc may be rediiocdL piovkkd iMch reductioe does aol ioipair access by fire apparatus aad ippiovcd are tiwtalk d and maiaiaiiied tndicaiMig tht ctlabliriwd vertical dear- I 1-27 902^^.1 9034.1^ Vertical clearances or widths shall be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. 9022J12 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided With a surface so as to provide all-weather driv­ ing capabilities. 902223 *nimiog radius. The turning radius of a fire apparatus access road shall be as approved. 902J J.4 Dead ends* Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) in length shall be provided with approved provisions for the turning around of fire apparatus. 902.2.2.5 Bridges. When a bridge is required to be used as part of a tire apparatus access road, it shall be constructed and mainl.tined in accordance with nationally recognized standards. Sec Article 90, Standard a. 1.1. The bridge shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges when required by the chief. 90222.6 Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved. 902Marking. See Section 901.4. 902.2.4 Obstruction and control of fire apparatus access. 902.2.4.1 General. The required width of a fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under Section 902.2.2.1 shall be maintained at all times. Entrances to roads, trails or other accessways which have been closed with gates and barriers in accordance with Section 902.2.4.2 shall not be obstructed by parked vehicles. 902J.4J Closure of accessways. The chief is authorized to re­ quire the installation and maintenance of gates or other approved barricades across roads, trails or other accessways, not including public streets, alleys or highways. When required, gates and barricades shall be secured in an approved manner. Roads, trails and other accessways which have been closed and obstructed in the manner prescribed by Section 902.2.4.2 shall not be trespassed upon or used unless authorized by the owner and the chief. E.XCEPTIO.V: Public officers acting within their scope of duty. Locks, gates, doors, barricades, chains, enclosures, signs, tags or seals which have been installed by the fire department or by its order or under its control shall not be removed, unlocked, destroyed, tampered with or otherwise molested in any manner. EXCEPTION: When authorized by the chief or perfonned by public officers acting within their Kope of duty. 902J Access to Building Openings. 902J.l Required access. Exterior doors and openings required by this code or the Building Code shall be maintained readily accessible for emergency access by the fire department. An approved access walkway leading from fire apparatus access roads to exterior openings required by this code or the Building Code shall be provided when required by the chief. 902JJ Maintenance of exterior doors and openings. Exte­ rior doors or their function shall not be eliminated without prior approval by the chief. Exterior doors which have been rendered nonfunctional and which retain a functional door exterior 1-30 1097 UNIFOmi FIRE CODE appearance shall have a sign affixed to the exterior side of such door stating THIS DOOR BLOCKED. The sign shall consist of 3/.letters having principal stroke of not less than inch (19.1 mm) wide and at least 6 inches (152.4 mm) high on a contrasting background. Required fire department access doors shall not be obstructed or eliminated. See Section 1207 for exit and exit-access doors. For access doors for high-piled combustible storage, see Section 8102.6.2. 9023.3 Shaftway marking. Exterior windows in buildings used for manufacturing or for storage purposes which open directly on shaftways or other vertical means of communication between two or more floors shall be plainly marked with the word SHAFTWAY in red letters at least 6 inches (152.4 mm) high on a white background. Warning signs shall be easily discernible from the outside of the building. Door and window openings on such shaftways from the interior of the building shall be similarly marked with the word SHAFTWAY in a manner which is easily visible to anyone approaching the shaftw ay from the interior of the building, unless the construction of the partition surrounding the shaftway is of such distinctive nature as to make its purpose evident at a glance. 902.4 Key Boxes. When access to or within a structure or an area is unduly difficult because of secured openings or where immediate access is necessary for life-saving or firefighting purposes, the chief is authorized to require a key box to be installed in an accessible location. The key box shall be of an ap­ proved type and shall contain keys to gain necessary access as required by the chief. SECTION 903 — WATER SUPPUES AND FIRE HYDRANTS 903.1 General. Water supplies and fire hydrants shall be in accordance with Sections W1 and 903. 9033 Required Water Supply for Fire Protection. An ap­ proved water supply capable of supplying the required fire flow for fire protection shall be provided to all premises upon which fa­ cilities, buildings or portions of buildings are hereafter con­ structed or moved into or within the jurisdiction. When any portion of the facility or building protected is in excess of 150 feet (45 720 mm) from a water supply on a public street, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided w hen required by the chief. See Sec­ tion 903.4. 9033 Type of Water Supply. Water supply is allowed to consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. In set­ ting the requirements for fire flow, the chief may be guided by Appendix 111-A. 903.4 Fire Hydrant Systems. 903.4.1 General. 903.4.1.1 Applicability. Fire hydrant systems and fire hydrants shall be in accordance with Section 903.4. 903.4.13 Testing and maintenance. Fire hydrant systems shall be subject to such periodic tests as required by the chief. Fire hydrant systems shril be maintained in an operative condition at all times and shall be repaired where defective. Additions, repairs, alterations and servicing shall be in accordance with approved standards. I I i F -f M I H ' « 1 ; ^ ■ 5. ,»;l v! ...... :'li. f '!;■. - wg:jjjl;lj,.;.. illli .. I H<» pif< h»*i j roo^ of tins pfv»^ to '*Mi K fhi* '■■;Lill! . ■ f ■^1«1 U^iImi ■;:11' mm "It 's ii it'wrl lu'stlnl in the pincx" ^!ff<> fcK.J A*’ A •♦ j ti<e ,n the kt »f>e ♦•repiocp this t wStijr^i pr<jM tf^ An/ xko ts 0 special pioi e to be -I-.: , 1^ T k^O loH Jb. ••.• ♦^•S iJ-ning foo'*^ V 0.'» U»'»l iMk»t.ng m ^'h m > ^ ^ 111 ^‘1 |li-" iS'llfilji Upstairs fhere'f a n^illiOO Jollof ¥ie^ t't 'f*i the loft s V - '-.S' ^•. ^4r;:.V-^^vr ■ XL- . J»^t - /. rf? . 1 ... • .* • t ^r' •:.. - /ft; -r -fe- - r V ^3^*^ r-% ! • • fr. • . _f» ; .' • ». I3i« ‘.» '*' ^CirC* ^ i m. V. i'-;\-: .• ^ A‘*.S.' '• • C’ • ■• * * # fc 1 * • f 'V *. •wt « ••#*t-f". •••rt # 4 • ^ :^ w ' • ■ :• *.• * ^f • ». r • «" .« # * A ./* * • C** V ; '• ' 1. >*»' ..v»i• • . •r* • J. • i-V fC-i : • .. •• • 4 «- S-4«._ r-4*.V‘^‘"^.4» ■>^^4 ----- 1---------- U'H»* "• *---------------------------------------------------------------t>-%-----■1SECOND PLorm p| SSli i/4«.r.7 ------------------ m «»«d M^KItW sia#c^oifsiszrx^ :?z^is^s^srst:^ir^ *" is fifSSySopflftwSJiS^gg^e4mmn /m hic. 4. •l #. 2m4 • * ^ ••; ♦ .‘V,_ ■A : r > ■'ir r ■ *' » 'A-_ - #^£K'. ' U‘-| • u*#«. U-.#* 9 aro-ovmjLL FIRST FLOOR PLAN I Ml % • a. LCM « NOMMtRONMUIffOR JNT_________ CALLIO out jo MJ£. (ROT M CONT1UCT; ^ RT •uOJt verify Jrovir to po for rt luoat oddHL P*’M« Of 00 conal motor OfiOOt or po tho ■ contQ immoi porllc to th CodOr roapc OOrro foBov Oopth grodo to ce end r nionb* found by ee Pt040* olcor thoto tho d □ p o □ p Oittri m a A f* EASEMENT AGREEMENT THIS EASEMENT AGREEMENT ("Ihb ARrccrntnl") is dated oV Mark Ernest Welch, a single person (“Welch”) 2002 and is by and among the following persons who are the owners of the real property legally described opposite their names: Lot 9, Auditor’s Subdivision No. 273, Hennepin County, Minnesota, Certificate of Title Number 720826 (“the Welch Property”) Lot 10. Auditor’s Subdivision No. 273. Hennepin County. Minnesota. Certificate of Title Number 1072668 (“the Baron Property”) Lots 11 and 12, Auditor’s Subdivision No. 273, Hennepin County, Minnesota, Certificate of Title Number 535147 (“the Jones Property”) Gary E. Baron and Sandra M. Baron, husoand and wife (“Barons”) Laurence A. Jones and Ardell Jones, husband and wife (“Joneses”) WHEREAS, currently Welch gains access to the Welch Property via a driveway runnine over the northwesterly ten (10) feet of the Bnron Propeny and the Jones Property; and WHEREAS, currently Baron.s gain access to the Baron Property via a driveway running over the northwesterly ten (10) feet of the Jones Properly; and WHEREAS, the parties hereto desire to formalize rights of access over and across said driveway by granting easements as more fully set forth below; " NOW W1II REEORE. in consideration of the foregoing and the mutual covenants contained herein, and other e«Kl and valuable consideration, the receipt md suir.eicncy of which arc hereby acknowledged, the parties hereto hereby agree as follows. 1 The Joneses hereby grant and convey to each of the owners of the Baron Property and the Welch Property an casement for purposes of vehicular and pedestrian access over and across the northwesterly ten (10) feet of the Jones Property. 2 The Barons hereby grant and convey to each of the owners of the Welch Property an easement for purposes of vehicular and pedestrian access over and across the northwesterly te« (10) feet of the Baron Property. 3. The casements created hereby shall be of perpetual duration and shall run with the land. 4 This Agreement may be executed in several counterparts, each of which will be deemed an original but all of which when taken together shall constitute one and the same instrument. Mark Ernest Welch iLSl Baron ------------------- LANAJ.TiCe Cr*- ••*3 MOTAIW PUSUC - M»4.;r ■ t ......... Sandra M. Baron Laurence A. Jones Ardell Jones STATE OF MINNESOTA ) )SS COUNTY OF AMY LU SCHUm Notify PubMe MtnnMOM The 2002, by Mark Ernest Welch, a single person. u • 1 Notary Punic ' ■- STATE OF MINNESOTA ) )SS COUNTY OF t\C rCX.Wflj^UJY^ The foregoing instrument was acknowledged before me this day of 2002. by Gary E. Baron and Sandra M. Baron, husband and wife. Notary Public •: . -V UNAJ. V ................. STATE OF MINNESOTA ) COUNTY OF )SS .) The foregoing instrument was acknowledged before me this __— day of 2002. by Lauarence A. Jones and Ardell Jones, husband and wife. This Instrument Dmfied By; Pierson & Picnon. PLI .P Christopher J. Pierson 1055 East WayzaU Blvd. Suite 303 Wayzata. MN 55391 (952) 473-1400 Notary Public EASEMENT AGREEMENT THIS EASEMENT AGREEMENT ("this Agreement") is dated 7^/C -^CO^ 2002 and is by and among the following persons who are the owners of the real property legally described opposite their names; Mark Ernest Welch, a single person (“Wekh”) Lot 9, Auditor’s Subdivision No. 273, Hennepin County, Minnesota, Certificate of Title Number 720826 (“the Welch Property ”) Gary E. Baron and Sandra M. Baron, husband and wife (“Barons”) Lot 10, Auditor’s Subdivision No. 273, Hennepin County, Minnesota, Certificate of Title Number 1072668 (“the Baron Property”) Laurence A. Jones and Ardell Jones, husband and wife (’’Joneses”) Lots 11 and 12, Auditor’s Subdivision No 273, Hennepin County, Minnesota, Certificate of Title Number 535147 C’the Jones Property”) WHEREAS, currently Welch gains access to the Welch Property via a driveway running over the northwesterly ten (10) feet of the Baron Property and the Jones Property; and WHEREAS, currently Barons gain access to the Baron Property via a driveway running over the northwesterly ten (10) feet of the Jones Property; and WHEREAS, the parties hereto desire to formalize rights of access over and across said driveway by granting easements as more fully set forth below; NOW, WHEREFORE, in consideration of the foregoing and the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby adcnowledged, the parties hereto herd>y agree as follows; ! i ! 1. The Joneses hereby grant and convey to each of the owners of the Baron Property and the Welch Property an easement for purposes of vehicular and pedestrian access over and across the northwesterly ten (10) feet of the Jones Property. 2. The Barons hereby grant and convey to each of the owners of the Welch Property an easement for purposes of vehicular and pedestrian access over and across the northwesterly ten (10) feet of the Baron Property. 3. The easements created hereby shall be of perpetual duration and shall run with the land. 4. This Agreement may be executed in several counterparts, each of which will be deemed an original but all of wlkh when taken together shall constitute one and the same instrurnem. Mark Ernest Welch ( I • • STATE OF MINNESOTA ) )SS COUNTY OF J The foregoing instniment was acknowledged before me this ____day of 2002, by Gary E. Baron and Sandra M. Baron, husband and wife Notary Public STATE OF MINNESOTA ) )SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2002, by L4Uiarence A. Jones and Ardell Jones, husband and wife. I y- iHiMMnw AMmONYO.SBPP Notary P4bfic ^ This Instfumeni Drafted By. Pierson A Pierson, PLLP Christopher J. Pierson toss East WayzaUi Blvd. Suite J03 Wayzaia, MN 55391 (952) 473-1400 tf^rrrtMQ Application Deadline: 8/20/02 60 Day Deadline: 10/17/02 SEP 2 3 2002 Cn Y or onotvu REQUEST FOR COUNCIL ACTION Department Approval: Name: Wendy Bottenberg Title: Zoning Administrator DATE: ITEM NO. 5 Agenda Section: Zoning Item Description: #02*2820 Michael Lasher 1360 Railroad Avenue Variance Zoning District: Lot Area: LR-1A One Family Lakeshore Residential District (2 acre) 22,137 s.f. (.51 acres) List of Exhibits: A Resolution B Staff Report and exhibits of 9/16/02 Application Summary: 1. Section 10.23, Subdivision 6 (B): Front Yard Setback: Minimum front yard setback in the LR- lA zoning district is 50 ’. Variance Requested: To permit covered deck to be 40’ from front property line. Application Summary: The applicant has requested a front yard setback variance to construct a covered deck on the street side of the residence. The covered deck is proposed to be 10’ X 20’. Discussion: The property is located on the comer of Railroad and Spates Avenue. The existing residence was built in the early 1960 ’s. The residence is located 50 ’ from the front property line. The property is located in a two acre zoning district. However, the neighborhood is more in character with one half acre zoning standards. If one acre zoning standards were applied to this property the existing residence would meet the 30’ required front setback. The property is serviced with a well, ’fhe well is located on the east side of the residence (behind it). The property is 1/3 in the 250-500 ’ hardcover zone and 2/3 in the 500-1000’ zone. The proposed covered deck is located in the 500-1000’ setback zone. The covered deck will result in an increase of structural coverage on the lot to 2,360 s.f (10.6%) where 2,160 s.f (9.76%) exists and 3,320.5 s.f (15%) is allowed. The covered dock will result in an increase of overall hardcover to 4,680 s.f (31.2%) where 4,480 s.f (29.9%) exisb and 5,250 s.f (35%) is allowed. In 2000 a variance was granted on this property for street side yard setback to permit consfruction of an attached garage to the north side of the existing residence. i! 'ft »• •• • t '■ ' PLANNING COMMISSION: Planning Commission recommended by a 7 to 0 vote to: To approve q»plication as presented. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. M^UaAii A RESOLUTION GRANTING VARIANCE TO MUNICIPAL ZONING CODE SECTION 10 J3, SUBDIVISION 6 (B), nLE NO. 02-2820 WHEREAS, Michael Lasher (hereinafter "the applicant") is the owner of the property located at 1360 Railroad Avenue within the City of Orono (hereinafter "the City") and legally described as follows: All that part of Northeast 'A of the Southwest '/> of Section 10, Township 117, Range 23, described as follow: Beginning at a point on the Southerly line of Lot 6 of Elbridge S. Barnes’ First Subdivision distant 205.08 feet Southeasterly from the Southwest comer thereof; thence Northwesterly to said Southwest comer; thence. Southwesterly along the Easterly line of the right-of-way of the Great Northern Railway 179.06 feet; thence deflecting left 90 degrees to an intersection with a line drawn through the point of beginning at right angles Southwesterly from the Southerly line of said Lot 6; thence Northeasterly to the point of begi.nning; subject to that part thereof lying within Central and Railroad Avenues, Hennepin County, Minnesota, (hereinafter “the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to allow construction of a covered porch to the front of the existing house to be 40’ from the front lot line where 50’ is required in the LR-1A zoning district. WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on September 16,2002, 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 /f02-2820. 2. The property is located in the LR-1A Zoning District, where 2 acres is the minimum 1 of6 1 required lot area. The property consists of approximately .SI acres. 3. The Orono Planning Commission reviewed this application on September 1 6,2002 and recommended approval by a vote of 7 to 0. 4. The Planning Commission made the following findings of fact: A. The structural coverage on the lot is increasing to 2,360 s.f.(I0.6%) well below the allowed 1 5%. B. The hardship is the existing house location in relation to the front lot line. C. The hardcover in the 500-1 000 ’ setback zone is well below the allowed 35%. D. The existing residence was built in the early 1 960 ’s, prior to current zoning standards. E. The front covered porch is in character with the neighborhood. F. The only neighbor potentially impacted by the covered porch wrote a letter of support. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance will not adversely affect traffic conditions, light, air, nor pose a fire hazard or other dainger 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. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variances on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS 2 of6 Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to allow construction of a covered porch to the front of the existing house to be 40’ from the front lot line where 50* is required in the LR-IA zoning district. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require further Platming Commission and City Council review. 2. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (September 23,2003). 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 applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono, Miruiesota at a regular meeting held on the 23rd day of September, 2002. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner (s) STATE OF MINNESOTA COUNTY OF HENNEPIN 3 of6 1 The foregoing instrument was acknowledged before me on this 23rd day of September, 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 September, 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 STATE OF MINNESOTA COUNTY OF HENNEPIN On this before me. day of ,2002,jpersonally appeared 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 h^she/they executed the same as his/her/their fire act and deed. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN 4of6 • -r i „i . - ■Exhibit A* 1360 lUilfoad Ave., Oystal Bay, Mo, SS323 # • LIGALDESCBIPnONt AllIhrtpartorHariliMit IMofdieSoiabinillMallSectiQa 10.ToiiMfa|p 117.IUii^23, lIlTflhnil M fhlltrrrr 20$.WfcetSoiifliBMhilirfaQi(he8oudiirMtconiarlhawoft IheoceMoriliiiwlHlylOMMffiiiiliweitOMiMi, ibeBee 8oiakMMleriyalaBgd»EaMeitrliiieflf6>ari|M*flf*«araf6»OraMHortlMmIhawqrl79i)6^ fhoDoeddlectiaf Ml 90 dqptet to n iotoMoliniddi alioBdrradmvhdiopoiatcriieiiaaiDg at riibl ao^ SoudmolciljrframdM 8ondiei4rliDeofMidUt6; llMnoeN(KtbeailQriytolMpoM<^ba^nib|;Ml^totlM|Mrtlhenofl)f{ngiiidiia OaBtnl MditaQraad Ai LECENDt / Scale: 1 inch‘"40ftet • DeoolBilraaPipeFouDd « PP. • DeoolM Pbwer Me M • Deootti Cunent Metsoted Dist D • Denolei Original Deed Mecsuraneoia Area* 0^2 A orb I hnrelw certify that thb CBRTinCATB OF SURW w pwpafcd by m© Md tbit I am » dB^ jd Land Suwcyor under bo Uwioftho State of Itoewta. AsMiveyodbyffle Gary L.BWU^, Land Surveyor, MnLioeoae Mb. 10048 ^ nf fi Aa \ 1 \ I ;1 ' ! : s' ! i -i i' I 1 TO:Chair Smith and Orono Planning Commission Members Ron Moorse. City Administrator FROM: Wendy Bottenberg, Zoning Administrator/Planner DATE:September 3,2002 SUBJECT:#02-2820 Michael Lasher 1360 Railroad Avenue Variance - Public Hearing Zoning District: Lot Area: LR-1A One Family Lakeshore Residential District (2 acre) 22,137 s.f. (.51 acre) Lbt of Exhibits: A Application Survey/Site Plan Plans Photo of Property Letter from neighbor Plat Map Property Owners List B C D E F G Pertinent Code Section: 1. Section 10.23, Subdivision 6(B): Front Yard Setback: Minimum front yard setback in the LR- lA zoning district is 50’. Variance Requested: To permit covered deck to be 40’ from front property line. Application Summary: The applicant has requested a front yard setback variance to construct a covered deck on the street side of the residence. The covered deck is proposed to be 10’ X 20'. Ducusslon: The property is located on the comer of Railroad and Spates Avenue. The existing residence was built in the early 1960’s. The residence is located 50’ from the front property line. The property is located in a two acre zoning district. However, the neighborhood is more in character with one half acre zoning standards. If one acre zoning standards were applied to this property the existing residence would meet the 30’ required front setback. The property is serviced with a well. The well is located on the east side of the residence (behind it). The property is 1/3 in the 250-500’ hardcover zone and 2/3 in the 500-1000’ zone. The proposed covered deck is located in the 500-1000’ setback zone. #02-2820 Michael Lasher 1360 Railroad Avenue 8/31/2002 Page I of3 The covered deck will result in an inciease of structural coverage on the lot to 2^60 s.f. (10.6%) where 2,160 s.f. (9.76%) exists and 3,320.5 s.f. (15%) is allowed. The covered* deck will result in an increase of overall hardcover to 4,680 s.f. (31.2%) where 4,480 s.f. (29.9%) exists and 5,250 s.f. (35%) is allowed. In 2000 a variance was granted on this property for street side yard setback to permit construction of an attached garage to the north side of the existing residence. Statement of Hardship: The applicant has included their statement of hardship in Exhibit A. The applicant should also be ask^ for their testimony regarding this issue. Issues for Consideration: I. The existing residence was built in the early 1960’s, prior to current zoning standards. 2. If one acre zoning standards are applied, the proposed addition would meet the front yard setback. 3. The structural coverage on the lot is increasing but still below the allowed 15%, 4. The 500-1000* hardcover on the lot is increasing but still below the allowed 35%. 5. The well and pipe are located behind (east side) the residence. 6. The only neighbor impacted by the covered deck. Sherry Evans 1380 Railroad Avenue, has written a letter of support. 7. Other issues raised by the Planning Commission. Staff Recommendation: Staff recommends approval of the front yard setback variance to construct a 10* X 20* covered deck. #02-2820 Michael Lasher 1360 Railroad Avenue 9/3/2002 Page 2 of3 I» !• h i; 1 t • ANALYSIS WORKSHEET Lot Ar««; LR-IA Lot Area Front Yard Setback Required 43,560 s.f. (I acre)50' Actual 22,137 s.f. (.51 acre)50' 40’ - proposed Stnictunil Covenigc ; Total Lot Size Total Structural Coverage 22,137 s.f.Allowed: 3,320.5 s.f. (15%) Existing: 2,160 s.f (9.76%) Proposed: 2,360 s.f (10.6%) Hardcover ColcuUitioBs ; Distance from shoreline Total area in setback Allowed hardcover Existing hardcover Proposed hardcover 250-500'7,137 s.f 2,141 s.f (30%) Os.f Os.f 500-1000’15,000 s.f 5,250 s.f (35%) 4,480 s.f (29.9%) 4,680 s.f (31.2%) #02*2820 Michael Usher 1360 Railroad Avenue 9/3/2002 Page 3 of3 k. A 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*confomiing structures $250.00 After-the-Fact Fees (Double application fee) Application» O.a-^00 Date Received Amount Paid PROPERTY INFORMATIOI^ Site Address l3bO KC<Zi\Z)0^ Property Identification Number (P.I.D.) IQ - i I H- ~»s / -OCPr^n_________ Attach legal description to application if not included on required survey. Date Progertv Acquired_______JT/Iju ^O X_______________^(month/year) I (do) ^ab ho!^ also own the adjacent parcels of land. Present use of property; Xjesidential Zoning District: - / A other (specify). APPLICANT Name Address; Phone (home)^ ____ Phone(woric)• X- 7 City: ________Zip: OWNER (if different than applicant) Name Address: Phone (home). Phone (work)_ City:.Zip:. DESCRIPTION OF REQUEST ^ Estimated Construction Cost $ */.000 Describe request in detail: ) (attach iJitional sheets if necessary) VARIANCES REQUIRED Lot Area A Setback: ___Lot Width A __Side Hardcover Rear .Lot Coverage Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual properfy conditions preventing compliance with Zoning Code requirements: otJ i^uc'n- ^0jLtt>niC6r /^ice,-iL. (attach additional sheets if necessary) #2 20 jdjtaMa Exhibit A 1360 Railioad Ave., Ciystai Bqr. £SoSSto2litfw3irflh«lioednwnaw»|h(bepoiiilofb«|lDii^ Soi£^^siidLot6; thawKortheMttibtoflieiwiittflfl«gMn|;»««tlolhrtp«tlli^ Ccatnl«aiIU!IioadAva»ia. * / uufavDt /Sc^liDQli"40ftel Pcaiay *wuoKid • DcaoMlraaPipcFoui^ •epp .DcMMFofiKcrFiaw M • DmiM CuncBt MoMond Distnccs p-Pa)^rMfBitPcd Mr«Birtnaa Am*052Aaci ( F«fi6ot6 Uni 8«wy«». »*»****»***• /J^ 6 \ ) ! ' ' ^'1 ♦ ■ ’-'hL- ' - ■ ■ ' V- - S' *v‘ .V / iv.,*''?: ,V'-^ o ^ >.jL» '/z .^i^ys ,a V'oc 'Co/Hfi S/Z^/Jc* /?o«^ '• V)«*/ /t^cT r*?/- •• ±z\; f,90't/fj(, * I • . JC** fi s ■' t - 1 t ifW ! I i ! I Li LL.^ //<7u.f/ JC i^C, mimu^ • I I t ! I ^ — |—^{ |— •••! I I I ..-1 I I a;t& J**srs ____I w 9 ! : f «• I * I i i <• \ 9 I ! I I 1 i I I ! f ! I ! i 1 I 1 I t I • ! ! i ; I ; i I I I I »I zo H /vf.Atc L4XJ^A, : /36^ KAnffy^O oA«tJP\ »wV '^$2^ ! qsX' alUlte •AMU.lididlUiMa 0 ■f&c /^O H'^uirC^ rh^€nL<^ m^Msm . m M * < j ^ A %} ..r*,.'v^- >••' <.>a||<.k*.^- ■«''« * ’■■ X *. .?» 4 •- ■« » f f ^ <^|Ci.€. '5^ #§v<•' ,'»-" *|ri '^ 4 ‘ r •» Yiu;t* * . •* : 'A* • *rV e'T' •' -^ ■• -• ..I l:.!^ B {//^^ j\j(^ LcrW:^^ • 111 X^‘n ?'/1-0> 41 Cr,^.^''S20 ? i i i :» ! « « h K«ki Henhepin County Taxpayer Services 123)« 14X0^^-' ^1 /<007 ^Q 8 »•; •/ < HfTKA* «/ 13255^25;*/^ mat a ^ •. -v/8 (tm ;• SI ,xs 1261 HI Or %• 12?. U 8 11X9 AL AVE I'^Sl (79) 103) 4>t> PARTOfLOrS (80)«JP. (97)(81) A (84)7 8 ^m/n (Q • * A 8 (49)(48) i Iff ^ // —7 Co/ ^ C\l §M / (8)wK / ;?/ §ihyl 15/TOURANGEAi 1 (21)^.^(22) St ^ Si§ (50) Jf (M¥y (10) / 32.24 Sf R -#OQ7r iSsi *■ " fo-in- :z.s-(S7) Parce/ Information • l!lParcel ID 101172331 Housa Numbar1300 Otraal Nama RAILROAD AVR antf (Mi tTom'Ofy, County, ond Stott mod ouRfOrtbOMondoRmooufCOO. ‘ 5 ^^ 1 ( ' i r*:. • < »*• :■-:■ V • :•. 'V^'t t’ ,'*v ii m " '• l' '■'o. iUPf OATI ttm/iS iAtOI MS fCMNCPZN COUNTY fOOfCtTV INFOMAnON SYSTCN . pooramr ounus ust ONNCl NANI TAXfAVCi NMC/ADON I •. SO 10-117-2S 11 IMS itoso Aooms UNAssioliio NaiOO CNTY RCO RAIL AUTN OAKOTA RAIL INC 2S.AOANS ST N HUTCHINSON NN SSS50 / OMCR mm • TAIOPAVIR NMC/ABOR SO li-117-tS SI MIS •Root NORTH SNORC OR L 0 OQDTRfY 0 N J OODfREY LVLR 0 0 NORNA 4 OOOPREY 2000 NORTH SHORl DR HAY2ATA HN . iSSYl\ L t.TAXPAYER .i NAHE/AOORit Si 10-117-2S SI IM7 •ISOO' RAXLROAO AYS NlCHat J LASHER HICHAEL J LASHER 1S40 RAILROAD AYS CRYSTAL DAY HN SSS2S I OHNER NAME TAXPAYER NAHE/AOOR Si 10-117-2S SI MYi •SOiO SPATES AYE HART A STINSON NARY A STINSON 2040 SPATES AYE HAY2ATA HN SiSYl L TAXPAYER NAHE/AOOR TOTAL OATCH MS iM12 L. Si 10-U7-2S SI tool •2010 SHORELINE OR HICHELLE HARIE HUOSON-HILLER raCHELLE NARXE NUDSON-HINER 2010 SHORELINE OR HAYZATA NN SSS91 Si ii-ii7*2S SI iOiS f lS9f RAILROAD AYE OROETNE-NXLL XNYESTHENTS LLP OROETHE-HILL INYESTHENTS LLP ISIS LASALLE AYE NPLS HN 554IS Si 10-117-2S SI iiii •20SS SPATES AYE HARXETTA N ANDERSON ET AL HARIETTA N ANOERSON 2iiS SPATES AYE HAYZATA HN US91 Si .10-117-2S SI iiYS •2Sii SPATES AYE TIC HORSE TERRY 0 NORSE 2000 SPATES AYE HAYZATA HN SSSYl V. -i rr NO. PZ4SSM1 PASS 9 50 1I-117*2S SI 1102 02M0 NORTH SHORE 01 E A L ERICSSON EEITH R ERZCXSON 2040 NORTH SHORE OR HAYZATA HN iSSn Si lf-117-2i SI Mil ilSii RAILROAD AYE SHARON Y EVANS SHARON Y EVANS ISiO RAXLROAO AYE HAYZATA NN SSS91 Si li-117-2S SI ii2i •••Si AOORESS UNASSZa HENNEPIN PORPSZTEO LAND CITY or ORONO P 0 OOX M CRYSTAL SAY HN SSS2S Si li-117-2S SI M9i •2iii SPATES AYE HARRIET SPATES TOURANOEAU HARRIET SPATES T0RAN6EAU 20M SPATES AYE HAYZATA HN SSS91 • • -#28 2 0 V'.: ^ ► ' i- s.’-yvi « f , t.. (. L ' L. L ; L ii ' ;i ■UN MTK M/tt/M •ATCNfM • . yuUill i RtrORT ND. fI«SM«i FA« 10 • • JTJ2S.?5SWJ2« *2 ~» msaa.'T.jsrsg g L*^" m •««» «» W RMDNLtOeE AND DfCMf?^®*^ ■«0f^ TAXAnON, TO Tip tlST oati^2^^^iy wwrr TWUTZONf TO TW r r^-.. * V rkif^: % • • > < N » Application Deadline: 8/21 /02 60 Day Deadline: 10/21/02 SEP 2 3 2002 REQUEST FOR COUNCIL ACTION Department Approval: Name: Wendy Bottenberg Title: Zoning Administrator Oh r ur UHONO DATE: ITEM NO. Agenda Section: Zoning Item Description:#02-2821 Temple Israel 645 Tonkawa Road Conditional Use Permit Zoning District: LR-IB One Family Lakeshore Residential District (1 acre) Exhibits: A Resolution B Staff Report and exhibits of 9/4/02 Temple Israel has requested a conditional use permit to permit two building projects and ten trail projects on the property. Camp Teko is seeking approval for construction, upgrading and repairs to buildings and trails on the property. Along with the upgrading and repairs, they are trying to make the property handicapped accessible. The Temple Israel board had a handicapped accessibility consultant visit the camp, walk it with them, and provide them a report with practical access solutions. Many of those ideas/soiutions are included in this proposed plan. Building Projects: Building Project No. 1 - Construct an addition and deck to the existing dining hall building. In addition, minor interior and exterior renovations will occur. Building Project No. 3 - Repair the existing open air chapel stage, benches, railing, etc. The stage is located within 75 ’of the lakeshore. Because these have existed in their present location for many years and the proposal is to repair not replace them, staff is not concerned as it is considered as pre­ existing. Trail Projects: Trail Projects No. 1 thru 10 - Repair/construct trails around the property for erosion control and handicap accessibility. The only trail of particular concern is Project No. 5. Trail Project No. 5 is along the lake shore and goes between the boating and swimming beaches of the camp. The path is proposed for improvements because the path has suffered from erosion and to make it handicapped accessible. For many years campers used this trail but due to its present condition, campers have not been allowed on it the last several years. 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. Tlw camp is known as “Camp Teko". Camp Teko is a summer camp, with some occasiorud fall/winter/spring use. Summer camp sessions last about 12weeks. There is a full-time caretaker that is in residence on the property year round. Thecampers and staff total approximately 250 users. 1-^ PLANNING CXIMMISSION: Planning Conunission reconuncndcd by a S to 0 vote to: The Planning Commission recommended by a vote of 5 to 0 to approve the conditional use permit to permit the two building projects and nine of the proposed ten trail projects as proposed by Temple Israel subject to the following: I. The lighting on the dining hall shall meet City Ordinance standards. 2. Silt fencing be installed to prevent runoff into Lake Minnetonka. Trail Project #5 was tabled in order for the applicant to provide more information regarding the length, height and location of the proposed retaining walls. Trail Project #5 will be revisited by the Planning Commission when the applicant submits the information and is reviewed by the City engineer. STAFF RECOMMENDATION: Staff recommends approval of the conditional use permit to permit the building and all trail projects except #S, based on the conditions noted in the Planning Commission Recommendation. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. i \< A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 3 (C), FILE NO. 02-2821 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, Hennepin County, Minnesota, (hereinafter “the property"); and WHEREAS, the applicant has applied to the City of Orono for a conditional use permit per Municipal Zoning Code Section 10.20, Subdivision 3 (C) to permit an addition and deck to the main dining hall, repair the existing open air chapel area, and upgrade/repair nine trails on the property for erosion control and become handicap accessible. WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on September 4,2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: 1. 2. 3. 4. NOW, THEREFORE, BE IT RESOLVED by the City Coimcil of Orono. FINDINGS This application was reviewed as Zoning File #02-2821 . The property is located in the LR-IB Zoning District, One Fanily Residential Zoning District. The Orono Planning Commission reviewed this application on September 4,2002 and recommended approval of the proposed conditional use permit by a S to 0 vote. A. B. Camps are listed as a conditional use in the “R” zoning district. The property recently was granted a conditional use permit for construction of a toilet/shower facility and open-sided pavilion. C.The addition and deck to the dining hall meets all required setbacks for buildings located within a camp. D.The repair to the existing open air chapel area is due to aging and to become handicapped accessible. While a portion of this work is within the 0-75 ’ zone, there are no hardcover increases. E. The trails are being upgraded and repaired for erosion control and to become handicapped accessible. Trail #5 is near the shoreline, needs additional review, and should ^ approved separately. S. The City Council finds that g* jiting a conditional use permit will not be detrimental to the health, safety or general wel.are 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. 6. 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 grants a conditional use permit per Municipal Zoning Code Section 10.20, Subdivision 3 (C) to permit construction of an addition and deck to the main dining hall, repair the existing open air chapel area, and upgrade/repair nine trails for erosion control and become handicap accessible, subject to the following conditions: 1. The lighting on the outside of the dining hall shall meet City Ordinance standards. 2.Silt fencing shall be installed to prevent runoff into Lake Minnetonka. Page 2 of? f 7^ 3. Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit B with the exception that improvements to Trail #5 project are not approved at this time. Any amendments to the site plan may require further Planning Commission and City Council review. 4. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (September 23,2003). 5. Violation of or non*conq)liance 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 owner and applicant 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 23rd day of September, 2002. ATTEST: Linda S. Vee, City Cleric Barbara A. Peterson, Mayor Applicant (s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 23rd day of September, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said Page 3 of? rv 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 September, 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 STATE OF MINNESOTA COUNTY OF HENNEPIN On this before me, day of .,2002,personally appeared 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 Page 4 of? j : !: II I; '■i i u 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 of7 kMiHattliaakMud ^ i Exhibit A Lot 11 Excqjt the southeasteriy 20 feet thaeof. Auditor's Subdivision Number 207 of Hennq>in County, Minnesota, According to the recorded plat thereof on file or of record in the Office of the Register ofDeeds in said County. . Page 6 of 7 litfUaiu iiiidniniii' inimrtliiAlii'itiriiAi lUliAittiiikliiiidblll r" i 7^ mm^ * '’A'-■'■"••*. ■LS-,.' ■?;.•, ■,!' .•; I 9tmy I k I . . .'I- temple ISRAEl H E tis tMo rH*-rT’TA Jb»0> M> (0 uvwidi AMOOTVK CAMP TEKC IMPROVEMENT! Off«.OMO. LANDFORIV; W J hriJ •■fV r? 1 —-'«■*--1-..MCA. (w, r %• TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg, Zoning Administrator/Planner DATE:August 31,2002 SUBJECT:^02-2821 Temple Israel (CampTeko) 645 Tonkawa Road Conditional Use Permit — Public Hearing Zoning District: LR-IB One Family Residential District (1 acre) Exhibits:A B C D E F G H 1 J Application Project Descriptions Site Plan/ Floor Plans Hardcover Calculation Worksheets Plat Map Miimehaha Creek Watershed District Permit Comprehensive Goals American Disabilities Act Information Permit Record Property Owners List Application: The Temple Israel property has been used as a camp property for many years, begiiming as a scout camp, and now most recently for Temple Israel. The camp is known as “Camp Teko”. Camp Teko is a sununer 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 approximately 250 users. Camp Teko is seeking approval for construction, upgrading and repairs to buildings and trails on the property. Along with the upgrading and repairs, they are trying to make the property handicapped accessible. The Temple Israel board had a handicapped accessibility consultant visit the camp, walk it with them, and provide them a report with practical access solutions. Many of those ideas/solutions are included in this proposed plan. The property is located in the LR-1B district which lists “camps” as a conditional use. The property recently was granted a conditional use permit for construction of a toilet/shower facility constructed near the street and a 40 ’ X 60 ’ open picnic pavilion. This proposal consists of three building projects and ten trail projects. The projects are described in Exhibit B. Camp Teko 645 Tonkawa Road 8/31/02 Page I of 3 Project Overview: Building Projects: Building Project No. 1 - Construct an addition and deck to the e> isting dining hall building. In addition, minor interior and exterior renovations will occur. Building Project No. 3 - Repair the existing open air chapel stage, benches, railing, etc. The stage is located within 75 ’of the lakeshore. Because these have existed in their present location for many years and the proposal is to repair not replace them, staff is not concerned as it is considered as pre­ existing. Trail Projects: Trail Projects No. 1 thru 10 - Repair/construct trails around the property for erosion control and handicap accessibility. The only trail of particular concern is Project No. 5, Trail Project No. 5 is along the lake shore and goes between the boating and swimming beaches of the camp. The path is proposed for improvements because the path has suffered from erosion and to make it handicapped accessible. For many years campers used this trail but due to its present condition, campers have not been allowed on it the last several years. Being proposed is a 6’ wide path along the lake shore between the boating and swimming beach. A path currently exists and there are sections that are difficult to maneuver. The path is approximately 400 ’ long along the lakeshore and generally within 5-15’ of the shore. Short sections of it (but not the entire length) are proposed be rip rapped, widened, and low retaining wall(s) constructed on the uphill side. The entire path will NOT have a retaining wall or be rip rapped. Because Temple Israel is a religious, non-profit organization, due to cost constraints the City has tried to work cooperatively with these organizations and not required all engineering work be completed prior to approval of the project. The area along the lake where this path is located is hilly and heavily treed. Retaining walls will need to be minimized. If the proposal is approved then the size, height, and exact location of the low retaining wall(s) can be worked out with the City Engineer and Building Official prior to issuance of a building permit, unless Planning Commission or City Council wish to see more detailed plans prior to approval (see typical cross-section on sheet C3.1), American Disabilities Act: The American Disabilities Act has proposed guidelines for trails. It requires trails to be accessible, but doesn’t si^cify how. As of March 14,2002 when the U.S. Access Board voted to approve the recreation facilities accessibility guidelines, outdoor recreation environments including trails were still under development by the board. Because trails have to be accessible, it is at this time that Temple Israel is trying to be sensitive to the issue and comply as best as possible. However, once the guidelines are adopted, additional changes maybe needed. Temple Israel is owned by a religious organization which would exempt it from federal and state guidelines, however because it does allow other people (public) to participate in its programs it is no longer exempt. Included (Exhibit H ) are Camp Teko 6-tS Tonkawa Road 8/31/02 Page 2 of 3 J • •. several informational items regarding the American Disabilities Act, specifically outdoor recreation facilities and trails. Comprehensive Plan: (Retaining Walls) Orono Community Management Plan C‘Comprehensive Plan") contains a number of general land use and environmental protection goals and policies with which the proposed land alteration would be consistent Without the retaining walls erosion would be a problem. See attached excerpts fiom the Comprehensive Plan goals and policies and views on altering shoreline art^ . (Exhibit G). Engineering Review: The City Engineer has not reviewed the proposed retaining wall layout from an engineering standpoint. The proposed plans were sent to him, but comments had not been received at die time this report was written due to the accelerated public hearing schedule. The applicants will be required to submit detailed plans prior to issuance of a building permit. Minnehaha Creek Watershed District: Temple Israel has applied to the Minnehaha Creek Watershed District for a permit to make the improvements as proposed. The watershed did approve the proposed project. (Exhibit F). Staff Recommendation: Camp Teko is one of two camps in the City of Orono. Camp Teko is an asset to the children of the community and the city. Staff recommends approval of the conditional use permit to permit the building and trail projects as proposed subject to the following conditions: 1. The retaining walls and erosion control measures to be constructed on Trail Project No. 5 along the lakeshore be approved by the City Engineer and Building Official prior to issuance of a building permit. Where retaining walls will be visible from the lake, applicant shall incorporate vegetative screening into the design where feasible. 2. The lighting on the dining hall shall meet City OrdinaiKe standards. 3. Silt fencing be installed to prevent nmoff into Lake Minnetonka. CempTtko 645 Tonkawa Road 8/51/02 Page Seif3 ... ; Application #_ Date Received Amount Paid CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address____________________________________________________ Type of Application to be Filed Ai /r~ Property Identification Number (P.I.D.) APPLIC^T ^ Phone (home)________________ NameplA Phone ^work ) (otT-1 Z. O -/)gZ Z. ^ArP>^6P Zip OWNER (if different than applicant) Name T“£/n Pl-C Phone (home). Phone, (woric) Address City fjl l/Nij£J^ Pdcif Zip ^ Date P I 'ate Propertj;/ gKjfio n^ Acquired also own the adjacent parcels of land. (month/year) FEES - CONDITIONAL USE PERMITS - _____S 75.00 For each variance request with CUP application $175.00 Residential Accessory Use $250.00 Institutional (church, school, etc.) $225.00 Guest House/Guest Apartments $200.00 Duplex Credit/Bldg $325.00 Commercial/Industrial Use $250.00 Land Alteration ____ Grading and filling - designated wetland or floodplain ____ Grading and filling - 501 cu. yd. or more ____ Grading, seawall, retaining walls within 75* of lakeshore PRD/PID - see Fee Schedule $150.00 Renewal Fee (no change fom original application) Aftcr-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS _____$275.00 Conunercial 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 6) C-l RRT PROJECT TO FROM SUBJECT DATE Camp T*Wn RRT Prnjaet #Q?Qft Od MEMO Bob Shiff Chip Llndoke Conditional Use Permit Prolect Descriptions 20 August 2002 PRESENT Camp Teko. 645 Tonkawa Road. Orono. MN Conditional Use Permit - Project Descriptions See attached site drawings illustrating the proposed improvements described below. See also attached Landform 8/7/02 letter (revised 8/9/02) to Minnehaha Creek Watershed District regarding Camp Teko Hydrology Please note that an application has been made (or a permit to the Watershed District. Building Project No. 1 - 2800sf (approximate size - final size may vary by */~500s1) addition to existing dining hall building, 1400 sf at each of two levels, matching floor level/height/materials of existing building, entry at lower level. Existing toilet wing to be removed (600 sf footprint) and replaced by wood deck. Existing building will have minor interior and exterior renovations. The landscaping for the addition will consist of restoring the existing grass lawn In either sod or seed. No ^ additional site lighting is planned as a part of the addition, other than some exterior building flood lights, which will be used to provide illumination immediately around the addition. See attached site plan, floor plans, and exterior elevation drawings illustrating the proposed addition. Building Project No. 2 (already approved in a previous Conditional Use Permit. May 2002) - 40' x 60* Open sided, one story picnic pavilion, on 48* x 68* concrete slab on grade, also includes 8* x 12’ concrete barbeque slab. Building Project No. 3 - Repairs to existing open air chapel benches, railing/fence, stage/puipit. Trail Project No. 1 - Concrete steps with railings from existing paved parking lot to building prr'jict no. 1 entry, gravel path from existing gravel path to building project no. 1 entry - ♦/-120* path. Trail Project No. 2-5* wide gravel paths from existing parking lot to existing sport court, nature center building • */• 250* path. Trail Project No. 3 (already approved in a previous Conditional Use Permit. May 2002) • 5* wide gravel paths Interconnecting building project no. 2 with other parts of camp • ♦/• 500* path. Trail Project No. 4-5* wide gravel path interconnecting building project no. 2 with exis*!iia chapel • ♦/- 250* path. RAFFERTY RAFFERTY TOLLEFSON ARCHITECTS 253 CAST 4TH STKUT SAINT PAUL MINNESOTA SSI0M632 TEL: 651 224-4831 FAX: 6SI 22S-0264 ■I Page 2 20 August 2002 BobShifr 40<? path* ^ ^ maximum height boulder retaining wall on inland edge where needed - ♦/? •» stone Lodge building path! **'®^*®* ^ 0^ existing gravel path south of existing dining hall building - ♦/- go* «*Mln'I,”r"l.l''p‘l;i* «®«S S«k «»W" to ereilorprewem?.' ’ ' pelh to Improve ufety and allmlnato work, up Landform's drawings of the property. ''■'L?®!,'.?'»'•!®““®® ®9 l®.0 olloched forma. Tboaa formadoacdbofn. propoaad Ma^S SmShardcover calculation hardcover. No sanitary sewer work will be a part of this project. tor"!! ‘ nmZ ‘aTuli iTmi 000, Summer camp aeaalona laata xc. File ft^Oioeoeoi rn conunrion Wwtn Caiimnnmix e^iwoijoJBitniiu 4 k * J ‘ ^ ^ • »• A , , , . • ♦ o ®CDNOnS skaSs^X^^' > * - i ' • / •* I" * V. - • . .ViT . .>:v4;v ;«a^: ^ l . .4 (TONkawa road) -------------------- l OV T T*'* - fV jl ; '.- r A.' ByS*£^^5?<BiLi5SSI!! ^^SSUMSmSmm* * * **■* TRA 4 AW/tf C3AREA SUIOailY «ir%MM«M MtlM tfr«f« •**ox55ca»TBe»«F ViSmT cGS Pfijvrui Si«rM«Tr -• *> • I Jtr Ail r : --ii.>-5 A*;:^ * *-Jt ^ * , ' •’■ ,'/ ,* -^•■ »J' XOT^M* .*' y ." ** ^'/* / UtfT ••'a .•HUMfl l^O^' M 'sl'v.>|..*/ I • -•«.•.1- . • ' .j lv . I Mtm. »<«w* •• i '• .''•I 'i-.V- • » n. •• #• V s*^iJ <? #•' # ' # € ••■ ‘^•/ i-- .j f - i*-V .rf’•* ' % ".. - - ••- *'.• */ ,1. •:• " ■ . •/ .f*" -. •■■* Vrv.; !•» / if 7 -^'v* I •*r,: :-.^ . '*■ .:• ; >« ^ ■“ *■ i' ‘‘ ' *\‘ ^ *;/• -V *i - . •> *^ . • • *'.• :(£*.'ue. # • ^^♦I v» ♦ t|»CI • «♦ ,-•- * . #. *•• V/•% f*«•« * iV ■.r A • /A/- .o ,/V •MW tOTAIOI H frAV f « I ✓ r • • /I t.# if%i.. • «!• «• #r---i-^\i i t ^ « f«/l I #%f l«« ^ • I I |f%fM /I « %^l ««%#*! • t 0 % r% f • • i\i# «f%^fi f # i A » s /I M/f / I * « t I » » *#♦ - ♦ \ / • . ^V .Vi ■'*’ :■ .•'• 'i: ' w««j^mw u<iini. • • (^*Wt MM •••; !•§»L\ »tm .X ( ym - Itlfci * • to 104riTLj •«>•§•• «w TEMPLE ISRAEL MMStfOCA HN M4M m M ir?.MM A----- RfAoer iMMtfn OMBT «SwSMNM*!V*MHSS«Sh sssviissssrsnsxsB: REVI9EP WATERSHEP ANP Cmr REVIEW AUQo^aLaooa fVAJKIi CAMP TEKO IMPROVEMENTS OR.ONO. r^N 7!^ LANDFORM niNHIAROLIt•RNOCMIX IUHM« .iMM MMB. l*r HML VEGETATIVE FIL.TE I mr 6ILT mjgE DETAIL LAKE6IPE TRAIL IHFK HQ SCAU ?ir HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) R IN ZONE 75-2S9'250-500'500-1000’ EXISTINC WAR A House _ UoRb Sl^Mes ‘WWW X _____ X__________ X B. C.Oiiyeurey D. Sidewalk E. PaUo/Deck F. LandaMpf UbJcilsLl" G. Odwr X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE * B yg;X 100 PROPOSED HARDCOVER IN ZONE A. ^loule ______________ X Length WMlh •4 B. C.Priieway D. Bide walk F. ItiMlicapc UBdgftotn By Pl«tie G. Other X X X X X X X X X X X X COF Z*MrH n 6*u>mH'>TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ♦ B Ur X 100 - __S.F.io /ST _S.F.so SP.Z/S.F. __S.F. S.F. •_S.F. _ S.F. __ S.F. S.F. m _S.F. -_S.F. SP. m __SP. _SP. SP.A SP.B /F-a,% _ SP. ‘"i S.F. •S.F. m _ S.F. *_S.F. SP. _S.F. ,SP. _SP. S.F. --SP. -S.F. -SP. WP _SP. • A5w -S.F. ’/ ZPO SP.A -SP.B -------AJi.%^2 C.-i-Ci - S.i%a[ ■ CAmtTeiLO API HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONZ) 0-7S*75.250*250-500'500-1000* EXTsnNc m A. «wae VRPCQYEiUM.MWE _ X Z9t 2.1 SP Bc-POi.tent*- I *■■ 2. <6 9-9 1 Si?.J *..Z-¥’l S.FV X 2.^Si? B. Oange _...r _ . X at 2^2,tr SF C. Driveway X m SF X m SP D. Sidewalk • X m /9-c !%9>V Si? X m _S.F. S KE. Patio/Deck X m / 32 — X m ___ t9#a • Si? F. Laodscape X at /T2 w.a • SFUnderlainXa*Si?By Plastic X at i ar ■n • SF C. Other X .'A/ ^3 aM • S F TOTAL HARDCOVER IN ZONE //.S’/ip S.F.ATOTAL PROPERTY AREA IN ZONE __lLJ£k.__ + B m ^ z>«9.aP'^_S.F.BAX 100 m w ---------------------------• ■ PROPOSED HARDCOVER IN ZONK A. IteuM-X m SF •4 Ungih Wiitth X aa Si? %X »m aM» • S.F. X aa * S.F. X S.F. X m Si? X m m ^ ^4*4 S.F. D. Sidewalk X « S.F. •m " Si?. E. Parinfflech-X at S.F. X aa m Si?. X .S.F. 1^ PU«»ti- ^ X X —* m _SJ. SJ. 0. Other-X w Si?. TOTAL HARDCOVER IN ZONE ' ^<V SJf.A A TOTAL PROPERTY AREA IN ZONE * B X 100 m •za^.y^A sj. A a S' «4 B c. 10 \c.,-t S.u % HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75* 7S-250* L 250-500 TR IN ZONE TSfiO 75»yv/»«»wf PP.s^/n/oz EKICTINC HAR A. Homs» _y. uncib ML WMD SJF. B. X X C Driveway X X D. Sidewalk 6 iAA«L) X X E. Patio/Deck X X F. t UaOifUiw* X X X O. Other ) TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A * B Z!6.nr X 100 PRQPQSgn HARDCOVER IN ZONE A. Heme_____________x \jmg(h width X X X B. Qaofe X X D. Sidewalk X X E. Pitio/Peek X X F. hea iiieiw ymladaln X X X ^S2. I? SJ. SP. S.F. S.F. SJ. SJ. Z4>SP SJF. SJF. IZL f*tc0 s^. s^. S.F. Sf. SJ^. et^i seJ^}TiUtuS 2»yzf S.F. A S.F. B 7 SJ. 5.F. SJf. S.F. S.F. SJF. S.F. ^ao SJF. St. S.F. S.F. S.F. St. S.F. O.2dUOL St. total HARDCOVER IN ZONE total property AREA IN ZONE ^ X 100 -a. St. A St. B C, fg, = HARDCOVER CALCULATION WORKSHEET ^/zi/pZ^ SETBACK ZONE: (CIRCLE ONE) 0-75* NO HARDCOVER IN ZONE 75-JSO'250-500' £ A. 1KI« LmfOi if<O0AwtAA. X X WMh B. C. Drivxwxy «»T. > D. Sidewalk 6»WMICf CooC. "> E. Pado/Dtck X X X X Cmic .> F. taadnapa UiidarlilB X X X X X o. TOTAL HARDCOVER IK ZONE TOTAL PROPERTY AREA IN ZONE 6* B /((.j. Hit X too PROPOSED HARDCOVER IN ZONE A Houm S% * "VltJlNU HPU’Ufig^WMm X X X B. Carafx C. Drivtwiy X X D. SidtwaOc E Pado/Dcck X X F. LaadKape Underlain Dy Plaitfe X X X O. C0Acrr9lP\ TOTAL HA1UXX>VER IN Z(WE TOTAL PROPERTY AREA IN ZONE ♦ B /«6. X 100 C^oo-iooo^ S.F. S.F. 4.213 _sp. _s.r. S.F. /ftri S.F. S.F. SJ-. SJ*. SF. SF. / / m.9-9^2. SF. SF. _SF. _SF. •^z.doy si. A IVh .flv SF. B —a.2.Lf % ^ / /4^pO SF. SF. SF. S.F. S.F. SF. S.F. ZA0 i£Zffm SF. SF. S.F. S.F. S.F. SF. SF. S.F. 355^ il SF. A SF. B > C, $-3 ; i j . 06-in- :i3-(52) H \ I T^y /<cc'p Tnf»\ AAtm^HAHA Cfiew. t»^iticr ei/^ _ consent Permit Application No.: _________ Applicant: --------Cemn Teko . Temple **>‘®i*®** --------Camp ___ Location: Rule: B/D/F/N <45 Tonkawa Road. Ornnw Jleceived: 07/24AH .Complete: flfiZ!»>7iip Notification; oa/tl/ftl Recommendation: —-------— Approval. Permit should not be issued until the following conditions are met: 1. Reimbursement of mailing costs 2. Payment ofRuleJ fees 3. Submit a declaration for the preservation of wetland buffers, filter strips and vegetated swales which must be executed and recorded Background: The applicant is proposing to construct improvements on an 18.4-acre lot at the •address listed above in the City of Orono. The proposed project involves the construction of a 1400 square foot building addition, new pavilUon, ADA accesses, expansion of gravel trails, and «tiftr«»ti n** stabilization. *^0 wetlands currently exist on site and will not be impacted by filling or excavation activities as a result of tUs project. Permits would allow for the constiuctioa of buildings, impervious surface, shoreline improvements and establishment of wetland buffers. RuleB: Erosion control consisting of silt fence and inlet protection has been provided throughout the BulcD: As stat^ above two Type 3 wetlands of less than one acre in size currently exist on site and will not be impacted from filling or excavation as a result of this project. The applicant has agreed to declare two 16.S-foot buffers around the boundaries of delineated wetlands in accordance with RuleD. RuleP: The applicant has proposed to stabilize approximately 350 feet of shoreline with rip rap. Currently the shoreline is stabilized with vegetation, however, the qiplicant cites erosion problems as a need to install rip rap to better armor the shoreline. Rip rap will be placed at a 3H:1 V slope and consist of Class UI-IV rock which uimplies with MCWD Rule F fast-track criteria. BulfiJhL The applicant has proposed a total increase in impervious suifice of 13,700 square feet with the proposed project. The proposed trails will be no greater than 10 feet in width with adjacent five- fool pervious buffers and therefore will not be subject to Rule N requirements. In with Rule N, water quality, rate control and BMP requirements will be assessed in regards to toe increase in impervious. Runoff rale analysis shows that the proposed runoff from major rain events routed overland to swales and filler strips will not increase as a result of the project Drainage will be routed torough existing filter strips and cfcated swales which are <tg«gw*4 to p^orm water quality treatment torough infiltration and retention. The swales and filter strips will accomm^ate drainage from both existing and proposed iinpetvious surftce. fixie measures exceed MCWD requirements, staff has detetmined the application to be in Ji Attidimeiitg: 1. .P«nnitaivUc«tioa 2. Siteplan/fuivty 3. SHa location miD Mictud D. Wyatt (‘■Vl COMBINED JOINT NOTinCAtlON FORM • 'WATER RESOURCE AFPUCATION ml Use this fam to notiiy/opply to the MioDeloha Cieek Watershed District (MCWD). their eircincctiat coarahuts, the DNR, and the Hennepin Conservation District of a proposed watar/wetbttd project or work tvhich may M within their jurisdictioa Tliose agencies should advise you of their jutisdietioo or pemitrcqairemenls within 10 days. Fill out this form completely and mail a copy, with plan, maps, etc... to the MCWD. Gray Freshwater Center, Navarre. 2500 Shadywo^ Road. Suite 37, Excelsior, MN 5S331. Keepacopy for your records. YOU MUST OBTAIN ALL REOUIRH) AUTHORIZATIONS BEFORE BEGINNING WORK. _______ FhoaeNo. 2. Loeatioaof|feposedprc{ieei(Amdiibawla|w/diieaioBStoiiii): ^ CgUI^ QTRaECnON(i) SECnON(t) TOWNS»P(s) RANOE(s) Lot, Block, Suhdi^ PROIECT ADDRESS: 64<^-Tl)^kAliuft RIY CITY: Odi3tJQ eev 0-1 OF FILL OR EXCAVATION (Cubic yards): ________________i«9 ’ - _________ 4 . TYPE OP PERMIT BBING APPLIED FOR: (Cheek all dut^iply): / (^STORMWATER MANAGEMENT PLAN □ FLOODPLAIN ALTERATION T OSTORM SEWER OUIFALLg □ WETLAND ALTERATION (^ORELStE IMPROVE] TQriprap h ^AtbsilANijh' .. , . _ *. .D ice RIDGE REMOVAL c D^ANNOWALL' □bjuD ob R Culvert CROSSWcs OTHER (DESCRIBE)_________________________________________ □jxcavation PR WILDLIFE NAVIOATION BIOENGINEBRING □ •Trti 4a. APPLICANT'S REPRESENTATIVE: (Liocued ConiraetDr, Engineer, ete...) litttoteBamt^aAfc^^Rj^oBe number. 5. PROJECT PURPOSE (w|^ is this project ftcodod • wbit benefits wQ] It provide?) ^fcrUkfJttSO jJAg/JYBVPr___________________ 6. a LTERNAT. VBS (describe any other site* or methods diat could be used te achieve dio purpose of your pnject while avoiding or miaimiring wetyAwtlead tamecU. Attach addidoBaltbeels, if needed.. .. »— ^ . m .• _ IP7. DATES: Proposed etait ofaetiviiy: fldenti: V any completed work on anaohed diawina) Proposed eompledoii; B. NAME^/j)DRBS^OT^;ODWO PROPERTY OWNERS (Aneh Use if more) 9. PERMITS HAVE BEEN RECEIVED (R) OR APPLIED FOR (A) PROM: ^__DNR ____C0U1>ITY__^CITY ____MNFOLLUnON CONTROL AGENCY ARMY CORPS OF ENOR I hereby oetiiy the tecipieitts of this fonn of the projeet piopoicd hereta and kqueit Z be advised of a^ permits or.odier detemmatioas colicctniilig this ;smj^ct that I mutt oboia. (undenoind that proesadiBg widi. emk bdotc all requhed aufeaiixadoat aie obtained may be (MuoMry Data r(iloz-' « . • • to^MwdhidlBi S3g£aK^Z£ir»i£ ‘9flnr.*uc ‘jg^iiasKa _ TCMtXISIUEl ii©I ■ rr*'\ ^^4.' *1 A >M iy/M --iX li'imwi '3SBB3»!BI£S39' '¥Smm r L s; c»- agasHfi? gggrJE&VS: fi>:, .-%'iy<ass gaat I ^ssssasL iba^ ‘SafSgOKVsvxsnr G>f^f »^^V^ MTi^ m sou ft MM kl 'm M CAMPTEKO IMPROTEMEffTS onor«o. iv«r« ■'# ¥ LANDFOKM KrLJ C3.1 J RRT PROJECT TO FROM SUBJECT DATE PRESENT ■Camp T»ko MEMO ohfihiff Chip I inHaIra Conditional Uae Pannlt — Addendum <1 20 August 2002 Camp Teko. 645 Tonkawa Road. Orono. MN Conditional Use Permit - Addendum #1 The following parties may be notified of this C.U.P. application. RRT will send each party a copy of the submittal package. Lake Minnetonka Conservation District 18338 Minnetonka Blvd. u Deephaven, MN 55391 Minnehaha Creek Watershed District Gray Freshwater Center 2500 Shady Oak Road Excelsior, MN 55331 RAFFtRTY RAFFERTY TOLLCFSON ARCHITECTS 2SI EAST 4TH SmCT SAltfT PAUL. MINNESOTA SMOI-MM TEL: 081 224-4831 FAX: 881 228-0264 MoJijin A« nwnnihinUe fuMnewp Oompnemdin I f i ; ^ ■ i< - i LANDFORM August 7,2002 (Revised August 9,2002) Mike Wyatt Minnehaha Creek Watershed District Gray Freshwater Center 2500 Shadywood Road Excelsior, MN 55331-9578 RE: Camp Teko Hydrology Orono, MN Mr. Wyatt: On behalf of the applicant, Temple Israel, Landform is pleased to submit the attached hydrology calculations and plans for approval for the Camp Teko project. Site Description The site lies south of Tonkawa Road on the North Arm of Lake Minnetonka. Currently the site is occupied by the E)dsting Camp including cabins, sport court, bituminous parking lot, softball fields, stages, trails, etc. The majority of the storm water currently 'drains from the north to the south across the site through vegetative swales and wooded hills down to the lake. Some of the storm water from the northwest comer of the site drains into the existing wetland in this area and a portion of the Southeast comer of the site drains into the existing wetland in that area. Description of Improvements Temple Israel is proposing to construct the following: • A two-level approximately 1,400 square foot footprint building addition to the existing dining hall for a total of 2,800 square feet • A new pavilion of approximately 2,400 square feet • Additional gravel trails to facilitate walking movements around these two new additions, see attached plan C2.1. • Additional trails and ramps for handicap accessibility to the Stone Lodge and dining hall. • Improvements to the existing open air chapel benches, railings and stage •iO iUTLill north RUILOlNa SIO FlRRT AVCNUt NORTH MINNCAROUt. MN 9940J omcc: il2.2S2.R070 PAX: il2.2S2.i077 W««.ISflifO#m.n«t Mr. Wyatt Pace 2 Rr. Camp TEKO Orono. MN _________Aufluat 7.2002 Improve the existing trail along the waters edge between the boating dock and the swimming beach. The applicants would like to work with the watershed to fix the existing erosion problems, widen the existing trail to promote a safer walking path, restore the lakeshore and reduce impacts to the lake. They are proposing increasing the width to 6 ’ and installing rip rap along the lakeshore and installing a retaining wall on the uphill side. Minor repairs to existing trails as shown on sheet C2.1, Including the addition of stairs between the Stone Lodge and the bathrooms to make the path less steep. Also, they would like to regrade at the swimming beach and along the trail between the changing tents aruj the beach to fix the existing erosion problems and make these areas safer for the kids. Hydrology We have done some Impervious computations and found that the Improvements stated above will increase the impervious area of the site by approximately 13,700 square feet. We performed rate control calculations to confirm that the change In Impervious area doesn’t Increase the runoff rate. According to Hennepin County Soil Survey the soils at this site are of the Erin Complex, in the hydrologic soil group B. The attached HydroCAD calculations show that the runoff rate hasn’t significantly increased for the 1- year, the 10>year or the 100-year storm event due to the approximate 1.7% increase In Impervious area, the summary table is below. Event Runoff, cfs Runoff, cfs Existing Proposed 1-year 1.4 1.4 10-year 15.1 15.1 100-year 33.4 33.4 The weighted curve number is the same since the increase in impervious is negligible in respect to the site area, see attached Hydrocad computation sheets. Water Quality In order to provide water quality treatment for the Increased Impervious area, we are pressing to construct a filter strip. The impervious area Increase is primarily due to the pavilion and the dining hall addition, approximately 0.16 acres. We have excluded the gravel trails from the impervious area calculation since the trails are less than 10 feet wide and have a 5’ pervious strip on either side. These Improvements are near the northwest comer of the site and the dining hall currently drains irrto the existing wetland in the northwest comer of the site. The attached Drainage Area Map shows the area we evaluated to treat the 0.16 acres of increased impervious. The drainage area is 1.6 eSOSUTUER NORTH BUILOWO 810 FIRST AVSNUEr»RTH ISNNEAROUS. MN OFFICE: tiamOOTO FAX 8124824077 mmi Mr.Wytll PigtS Re CampTEKO Orono. MN August 7.2002 acres and Jhe actual Impervious in this drainage area is approximately 0.4 acres. Based on the Nufp Pond Sizing worksheet we would need 0.11 acre-feet of pond to treat this area. We are proposing to constmct a vegetative fitter strip west of the existing bituminous parking area to slow runoff and promote pollutants to infiltrate into the soil prior to entering the adjacent wetiand. This fitter strip wiii treat the new dining hail addition plus some of the existing building. This fitter strip varies in width from 30 feet to over 50 feet in some areas and maintains an 8.3% slope with deep-rooted, wet and shade tolerant vegetative material instead of grass. We have pond volume storage of 0.15 acre-feet; see attached Pond Volume Storage Worksheet. This fitter is designed to accommodate over a 2” rainfall event. We are unable to use PondNET to evaluate the % of removal of pollutants in this strip since it does not have an outlet, however based on the Minnesota Small Sites BMP Manual, studies have shown that fitter strips in agricultural areas that are made of grass and are 15’ wide can remove 50% of the nitrogen, phosphorus and sediment. The fitter strip we have designed is over double the width that has been proven effective in agricultural areas. We believe that this Is a perfect water quality Best Management Practice for this portion of the site because It slows down the runoff and traps pollutants. We are also treating an additional 0.24 acres of existing impervious. Currently, this area is highly vegetated around the wetland with sheet flow off of the adjacent parking iot to the east and the hill to the south across type B soils. We believe that with minimum grading and minimum fiil we can achieve a highly effective vegetative strip. -yVttland Protection We recently had a wetland delineation completed for this property by l^ihaug Environmental Company on August 5,2002. Based on this delineation. Wetiand #1 in the northwest comer of the site is approximately 7,826 square feet, requiring a 16.5-foot buffer zone as shown on the attached plans. Wetland #2 in the southeast comer of the site is approximately 8,770 square feet, also requiring a 16.5-foot buffer. We will install double silt fence along the wetland edge in the northwest comer of the site when the vegetative fitter is being constructed to reduce any erosion of exposed soil into the wetland. eSO BUTLER NOSTHBUIUNNO 810 FIRST AVENUE NORTH MNNEAPOUS. MN S5403 OFFICE: 812.382J0r0 FAX; 812.aSO.8077 «MWJiAdlBniultl Re Cifflp TEKO Oreno, MN AugiNt7.2002 Closing ^12^1 jneasuraWe increase In runoff due to these improvements. We have pr^ed ^t^quality treatment through a vegetative strip to promote infiltration and stow runo^ The api^nto are pleased to work with the Dist£t to minimize ero^ and impacts to the lake and wetlands and fix existing erosion problems. Please feel free to contact me with any questions. Sincerely. LANOFORM ENGINEERING COMPANY Vicki Jefeon VanDell. P. E. /yiv cc: File BobShiff Paul Weinberger (City of Orono) Mike Wyatt (Minnehaha Creek Watershed) ISO sunn NORTH BUIUNNO SIOnRSTAVSNUSNOfUN OmCC: I12.2S2J070 FAX:I1USU0I7 CMP Part 3A. EnvIronincBtol Protection Pin GENERAL POLICIES FOR NATURAL RESOURCE MANAGEMENT 1. 2. 3. 4. Orono will promote the formulation and active use of environmental protection policies by other Lake hlinnetonka area municipalities and responsible government agencies. Even though Orono plays a key role in the protection of Lake Minnetonka, peemanent preservation of the quality of Lake Minnetonka is impossible without coordinated policies and without active implementation of proven protective measures. Environmental enforcement may be difficult in the face of development pressures, but without commitment and sacrifice, a nibb ling effect will surely place the goal beyond reach and beyond recovery. Environmental protection policies will be utilized In the formation of all other goals and policies in thb CMP. Orono's commitment to envirpiunental quality is carried throughout each element in this comprehensive plan, coloring the goals, policies and implementation practices in every facet of municipal responsibility. Development density will be limited to a level which will not overload the natural surface water drainage and filtration system. Urbanization increases the speed and quantity of surface runoff while decreasing the water quality. Developed land use densities will be determined by comparison between known levels of volume and pollution generation and known marshland capacity for ponding and nutrient assimilation. Surface water runoff will be directed through the natural drainage system. Direct runoff into the lake will be avoided and will be prohibited whenever possible. The longer the routing of storm water between source and the lake and the longer the duration of ponding in a wetland, the more nutrients are assimilated and the more silt is settled. The transfer of storm water runoff from one local watershed to another or recycling water through the same marsh, will be pursued and encouraged as a practical method for increasing the duration of water retention before runoff enters the Lake. The result of extended retention will be improved lake water quality. City of OroBO Coaauaity MsBS|cmcBt PIsb stpMikwasw Page 3A-31 CMP Part 3A. Enviroomeatal Prnt*«?ri«ii pjao 5. 6. 7. 8. 9. Natural drainageways will be favored over artUicial storm sewers. Stoim seweirs speed ninoff and provide no natural filtration or nutrient assimilation. Storm sewers will only be utilized in lofal flood prone areas or where there is soil erosion insolvable by natural means. Whenever possible, storm sewer outlets will be directed into marshland or natural drainageways and not directly into the lake. Storm sewer systems will not be considered for new developments or where satisfactory natural drainage systems already exist. The wetlands and marshlands of the city will be protected and preserved as wildlife habitats, as unique open spaces, and as the only economically practical method of flood protection and storm water runoffflltration. The Harza Study, the 208 Water quality Management Study, and Orono's Surface Water Management Plan al 1 recommend this approach to permanent water quality management for L^e Mirmetonka. In addition, the Orono Plan goes on to identify individi^ wetlands and marshlands that require protection as part of the City's storm water management program. It is the policy of this plan to effectuate the policies and recommendations of the 1974 Orono Surface Water Management Plan. Protection of the city's marshland, wetlands and drainageways shall include protection of adjoining lands and prevention of drainage, filling dredging or wetland's vegetation removal. Ordinances will establish setbacks for all land alteration or construction. Wherever possible, the City will acquire open space and flowage easements for conservation of these lands. Protection of lake resources will allow reasonable access, use and enjoyment while preventing overcrowding and excessive encroachment In conformance with Mn. DNR Shoreland Management regulations for Recreational Development lakes, the City will prohibit overly dense development within 1,000 feet ofLake Mirmetonka. Lake use regulations will be promoted to limit excessive boat density and overuse of sensitive bays. Land use regulations will be developed to provide reasonable control over building density, land alteration and lakeshore encroachment Lake shorelines will be protected from alteration. Natural vegetation in shoreland areas will be preserved insofar as pr-xtical and reasonable in order to retard surface runoff and soil erosion, and to utilize excess nutrients. Clearcutting will be prohibited. In areas of soil or wave action erosion, natural stone rip rap shoreline prot will be encouraged. CKy of Orooo COaoiaalty Maasgenicat Plaa fiiC*3A42 CMP Part 3A. EnvIroniBcntal ProtecMoB Plan 10. Lake bed altcrationi will be discouraged because of adverse short-term and long-term effects on water quality. Dredging of lake beds releases large amounts of otherwise trapped nutrients and silt which adversely affects water quality for long periods of time. Dredging of new channels or inlets will not be approved to provide riparian access where none existed naturally. Dredging will be permitted in limited circumstances only wdiere absolutely necessary to maintain existing natural riparian access permanently lost by something beyond the control of the landowner. Periodic low water conditions or the owner's desire for deeper draft watercraft are not sufficient reasons for disrupting sensitive lake beds. 11. Development or alteration of floodplains w id be restricted. Most of the City's identified floodplains are located along the shoreline or within designated marshlands and will be protected by other provisions applicable to those areas. In addition, >^re floodplains do exist on otherwise dry buildable land, construction, filling or alteration will be strictly controlled so as to avoid flow restrictions, to avoid flood level increases on other properties, and to avoid costly flood damage or pollution dangers. 12. Natural resource investigation will be required as part of all development proposals. This will include topographical information, soil analysis, drainage plans, vegetation plans, erosion control measures and similar site data related to each project, whether public or private. The extent of each such review will be determined by probable environmental impact. Greater detail will be required of larger projects than of smaller ones. As proximity to Lake Minnetonka or a major wetland increases, so will the care and concern increase in direct proportion. 13. Oo-sitc water retention facilities will be required as part of all residential, commercial or industrial development projects whenever necessary to maintain or improve the existing storm water runoff patterns. Whenever a development's location, size, scope or hardcover would tend to increase the quantity of runofif, increase the speed of runoff, or decrease the quality of runoff, that development will be required to provide on-site retention facilities sufficient to maintain the existing situation or to improve the r«‘sulting runoff by reducing quantity, reducing speed and/or improving quality. No development will be permitted to adversely impact it's nei^bors, or the City, by changing drainage patterns or by otherwise adversely affecting storm water drainage. National Urban Runoff Program (NURP) standards will be applied to the design of new stormwater ponds. CHy of Oraao O ilty blaaagcoical Ptsa PsfcSA-U CMP Part 3A. EBvIroBmcntol Protectioa Plan 14. 15. 16. 17. Land use and development will not be permitted at the cipensc of environmental protection. No land will be permitted to be subdivided or built upon which is held unsuitable by the City for the propos^ use because of flood hazard, inadequate drainage, »oU formations with severe limitations for development, severe erosion potential, unfavorable topography, madequate water supply or sewage disposal capabilities, or any other feature likely to be harmful to the healdi, safety, or welfine of the future residents of the proposed subdivision or of the community. No land use will be allowed to adversely affect the neighborhood's air or water resources nor will any use be permitted to emit noise, dust, electrical or radiation pollution. Erosion control plans and programs will be required in all land alteration projects. Each contractor will be required to ininimiy<» the probability of soil erosion on site and'or siltation damage downstream. The smallest amount of bare ground shall be exposed for as short a time as possible. Temporary ground cover will be required until permanent cover is provided. Sediment traps will be required on slopes and between construction sites and public roadways. Fill must be compacted and stabilized for permanence. Erosion control Best Management Practices shall be applied to all land alteration projects. The MPCA’s Urban Best Management Practices entitled “Water Quality in Urban Areas” shall be applied to the review of proposed developments to reduce non-point source pollutant loadings in storm water runoff. To implement this policy, the City will incorporate these standards and requirements in its its stormwater maruigement plan and land use controls. Citizen efforts to protect and enhance the natural environment will be encouraged, fhe City will encourage individual citizens and private groups or organizations to be pro-active in the preservation of the environment in which they live. Activities such as reforestation, praine and wetland restoration, minimizing use of phosphorus on lawms and in detergents, lake and stream trash cleanup, and other citizen-driven efforts are an important element in Orono’s commitment to environmental protection. City of Oreao CoBmaaity MaaifCBcat Plan Page 3A-94 ■ f ■ i. ! ^ I I Proposed guidelines for trails under America is with Disabilities Act trail released from A.. Page 1 of 3 Trail Tracks Newsletter return to TrailTracks SPRING 2000 index -- back to Trail Tracks directory Proposed guidelines for trails under Americans with Disabilities Act trail released By Stuart Macdonald, Chair, National Association of State Trail Adminbtrators The Americans with Duabilitics Act (ADA) requires us to make trails accessible, but doesn't specify how. New regulations being finalized will, however, affect all of us who plan and design traib. The final report of the Regulatory Negotiation Committee on Accessibility Guidelines for Outdoor Developed Areas includes soon to be proposed ADA Accessibility Guidelines (ADAAG) for trails, outdoor recreational access routes, beach access routes, and picnic and camping facilities. • Currently the report is undergoing a regulatory assessment by the Access Board, an independent federal agency responsible for developing minimum accessibility guidelines under the ADA. Next will be a review by the federal Office of Management and Budget. Eventually, the proposed guidelines will be published in the Federal Register with an invitation for public comment over a 90- day period. The following questions and answers cover the highlights of the trail guidelines: First, what exactly b a trail according to the proposed ADA accessibility guidelines? A trail is "a route that is designed, designated, or constructed for recreational pedestrian use or provided as an pedestrian alternative to vehicular routes within a transportation system." What kinds of traib arc subject to the proposed ADA accessibility guidelines? The accessibility guidelines apply to those trails which are designed and constructed for pedestrian use. They are not applicable to trails primarily designed and constructed for recreational use by equestrians, mountain bicyclists, snowmobile users, or off-highway vehicle users, even if pedestrians may occasionally use the same trails. However, a multi-use trail specifically designed and designated for hiking and bicycling would be considered a pedestrian trail. Then b an urban bikeway a "pedestrian trail"? Accessibility guidelines apply to trails used as nonmotorized transportation facilities for bicyclists and skaters as well as pedestrians. However, transportation routes for bicyclists and skaters have design needs which exceed the minimum guidelines for trails. In some cases, the AASHTO Guide (1999) may requires a greater level of accessibility than the ADA trail guidelines. The appendix of the Access Board report compares the AASHTO guide with the ADA trail guidelines. http://www.americantrails.org/trailtracks/SpringOOTrTiacks/()andAoiiADASPROOJitml 8/29/2002 Proposed guidelines for trails under Americans wth Disabilities Act trail released from A.. Page 2 of 3 Will we have to bring existing traib np to ADA standards? The proposed guidelines apply to all areas of newly designed or newly constructed and altered portions of existing trails. However, for entities covered by title II of the ADA, "program accessibility," may require accessibility to be provided on existing trails. Program accessibility means that the major elements in a recreation program need to be accessible. Clearly, though, trails involve an "experience" that is more complex than typical park facilities. Must we improve accessibility when trail maintenance is done? The proposed guidelines state that "routine or periodic maintenance or repair of existing trails or trail segments does not trigger the accessibility guidelines." Examples include removal of debris, reshaping the trail bed, erosion control, etc. What about new traUs that arc nowhere near a road or an accessible trailhead? The proposed guidelines apply only to trails that "connect to an accessible trail" or "designated trailhead." Where new trails connect to an existing trail that is not accessible, the technical provisions do not apply. Nor do they apply where the new or altered portion is not connected to a designated trailhead. Does an accessible trail have to be paved? Paving is not required, as long as the surface is "firm and stable." What about handraUs and other edge protection? While handrails and edge protection are not required on trails, they may be provided where needed&emdash; for instance, along a steep drop-off. They should also meet appropriate standards. So what is an accessible trail? Under the proposed guidelines, an accessible trail would meet these minimum technical provisions: • Clear tread width: 36" minimum • Tread Obstacles: 2" high max. (up to 3" high where running and cross slopes are 5% or less) • Cross Slope: 5% max. • Running slope (trail grade) meets one or more of the following: o - 5% or less for any distance, o - up to 8.33% for 200' max. Resting intervals no more than 200* apart, o - up to 10% for 30' max. Resting intervals 30'. o - up to 12.5% for 10' max. Resting intervals 10'. • No more than 30% of the total trail length may exceed a running slope of 8.33%. • Passing Space: provided at least every 1000' where trail width is less than 60" • Signs: shall be provided indicating the length of the accessible trail segment What if building a trail to an accessible standard just isn't logical^ or desirable* or even possible? http'y/www.americanttaiU.org/trailtracks/Spting00TrTracks/()andAonAOASPR00.html 8/29/2002 1 n i Proposed guidelines for trails under Americans with Disabilities Act trail released from A.. Page 3 of 3 While the proposed accessibility guidelines address the special circumstances where designers and operators may not be able to achieve accessibility, they are encouraged to always provide access to the greatest extent possible. Departures from specific accessibility guidelines are permitted for any portion of the trail where compliance would; 1. Cause substantial harm to cultural, historic, religious, or significant natural features or characteristics 2. Substantially alter the nature of the setting or the purpose 3. Require construction methods or materials that are prohibited by Federal, State, or local regulations or statutes 4. Not be feasible due to terrain or the prevailing construction practices The AASHTO Guide for the Development of Bicycle Facilities is the primary guidebookfor facilities built with transportationfunds (available for $30 from AASHTO at (800) 231-3475). The final report ofthe Regulatory Negotiation Committee on Accessibility Guidelines for Outdoor Developed Areas is available at www.access-boardgov/PUBS/outdoor-rec-rpt.htm. For defatted btformation on accessible frails, fhe proposed ADA guidelines, and how fhey would appfy fo specific sifuafions, see fhe American Traits websife: www.AmerlcanTratts.org. Click on fhe '^Resources A Library** icon, fhen click on **Accesslble Trails. ** Thank you for vbiting the American Trails website: http://www.AmericanTniils.org Home - News and Action Alerts -Trail Tracks Newsletter - Rgsnuitpyiy yp<t Library - Your Comments • Membership Form • Member Groups • Board of Directors . Traik State Ky State - Calendar ht4>y/www.americiiUrails.oig/trailtracks/Spruig00TiTfacks/QandAonADASPR00.html 8/29/20Q2 Trails and the AMERICANS WITH DISABILITIES ACT- index of articles, projects, and .. Page 1 of 4 Thank you for visiting the American Trails website: http://www.AmericanTraUs.org -- back to main resources directory Resources and Library ACCESSIBLE TRAILS and RECREATION Updated March 15, 2002 NEWS • March 14,2002 — The U.S. Access Board voted unanimously to approve the recreation facilities accessibility guidelines . The recreation facilities guidelines address: Recreation facilities including sports facilities and swimming pools, Places of Amusement, Golf, Boating and Fishing. Accessibility guidelines for outdoor recreation environments including trails, campgrounds, picnic areas and beaches are still under development by the Access Board. • The Access Board held an information meeting Oct. 4,2001 on Outdoor Developed Areas in Denver. Peggy Greenwell, Access Board staff, discussed the Regulatory Negotiation Committee report. T. Destry Jarvis, Executive Director of the National Recreation & Park Assoc, expressed the hope that local park and recreation providers will do more to accommodate persons with disabilities. The Board listened to comments by the public and Committee members on concerns about the allowed exeptions, handrails, edge protection, and ensuring that volunteers will be able to be used on new accessible trails. Staff noted that no one else in the world has attempted to create rules for trails, campgrounds, and beaches. The trail-related regulations are expected to be released after the final rule for recreation facilities (in process since 1993) and the update of ADAAG (buildings and facilities— in process since 1996). A deadline was e.xpressly not given, but it seems likely that it could be years before a final rule for trails, beaches, campgrounds, and picnic areas is released. • NPS Aljpcatcs_$5 Million to Enhance Accessibility in the Parks • New York legal settlemen t will improve access for persons with disabilities to state Forest Preserves TRAINING • Universal Trail Assessment Process (UTAP) Training in several Ications natiomwide. - The UTAP training session on how to better assess and maintain your t.’ail for accessibility. See the American Trails calendar for dates, locations and contacts^ For more on training opportunities for trails design and development, see the National Trails Trainin g Partnership area. • The National Center on Accessibility will offer a special workshop on access to trails in Emeryville, California on October 30-31,2001 - Contact: National Center on Accessibility at (812) 856-4422 (voice) or (812) 856-4421 (TTY). • For more on skill development and education opportunities, see the Nation^ Trails http://www.americantrails.org/resouices/accessible/8/28/2002 • * Trails and ihe AMERICANS WITH DISABILITIES ACT- index of articles, projects, and .. Page 2 of 4 Training Partnership and trails traininp calendar ACCESSIBLE TRAILS: OPINIONS and IDEAS * Opinion: Are proposed ADA trail rules a nightmare or just misunderstood? by Dave Startzell, Appalachian Trail Conference * On the trail of accessibility awareness ; An editorial by Stuart Macdonald and Christopher Douwes AMERICANS WITH DISABILITIES ACT — see below for more on ADA proposals for trails, p icnic and canipi n^ faciliiics. and beaches How docs ADA affect trails and grecnways? The Americans with Disabilities Act (ADA) requires us to address the accessibility of trails in addition to buildings and programs. A Regulatory Negotiation Committee has developed a final report of new rules for trails and outdoor recreation facilities under the authority of the Access Board in Washington, DC. The Access Board is preparing a proposed set of guidelines for public comment that will address accessible trails, picnic and camping areas, and beaches. These guidelines will be based on a report submitted to the Board by the Outdoor Developed Areas Regulatory Negotiation Committee in 1999. During 2001, the Board is completing a cost-benefit analysis on the proposal, which will be published along with the proposed guidelines after Office of Management & Budget clearance. ♦Start here: Questions & Answers on ADA tr«il« acf*««ihiiity ♦Comprehensive Discussion of the Proposal by John McGovern: A Work in Pr9gres$: Accessib le Trails, Campsites, and Other Outdoor Recreation Areas ♦Details of the Pocess: Negeiiators address trails for Americans wnth Disabililies Act, ACCESSIBLE TRAIL DESIGN Federal Highway Administration has a publication Designing Sidewalks and Trails for Access: Review of Existing Guidelines and Practices, which provides examples of what States and localities are doing. To obtain a copy, send a fax to the FHWA R&T Report Center at 301-577-1421, and request ’ Publication FHWA-HEP-99-006. START Thinking About Univ ersal Access How accessible recreation facilities benefit everyope New trails web site will provide Universal Access info rmation http://www.americantrails.org/resources/accessible/S/28/2002 • • Trails and the AMERICANS WITH DISABILITIES ACT- index of articles, projects, and.. Page 3 of 4 A new Public Rights-of-Way Advisory Conunittee was be established by the U.S. Architectural and Transportation Barriers Compliance Board (Access Board) in November 1999. ITiis committee will recommend ADA standards for sidewalks, street crossings, and related pedestrian facilities. GUIDES to ACCESSIBLE TRAILS Black Hills National Forest Guide To Hiking Trails Accessible to People with Disabilities: http://www.cvisions.com/bhtrails/ Miunesota*s Recreation Areas: a Guide to Universal Access at 50 Areas throughout Minnesota is presented by Wilderness Inquiry and Mirmesota Department of Natural Resources: http:/AVWW. WILDERNESSINOUlRY.ORG/mnparks/index.html Pennsylvania State Parks Accessible Areas and Facilities: http://ww'w.dcnr.state.pa.us/stateparks/recieation/access.htm Trail Explorer Website: Your input will help evaluate the Trail Explorer Website. See the site and fill out t^ questionnaire at www.trailexplorer.ore/trailexplorer/dev. Read the minutes of the September 24,2000 Trail Explorer Committee meeting. GROUPS supporting ACCESSIBLE TRAILS Disabled Equestrians Organization works to support the use of trails by disabled equestrians: http://www.di5ablede questrians.org National Center on Accessibility has classes and resources for all kinds of accessibility issues: www.ncaonline.org PRODUCTS and SERVICES for ACCESSIBLE TRAILS - also see the American Trails products & services area EcoTrack modular pedestrian and wheelchair access path for crossing dunes and beaches: http://www.biketrack.com/beach access.htm Beneficial Designs is an engineering and design firm specializing in technologies that enhance access for people of all abilities: http://www.beneficialdesigns.com/ Wilderness Inquiry conducts outdoor adventures, community events, research, training, equipment design, trail and facility assessments and policy development: http://www.wildeme5sinquirv .org/ More on AMERICANS WITH DISABILITIES ACT http://www.americantrails.org/resources/accessible/8/28/2002 Trails and the AMERICANS WITH DISABILITIES ACT— index of articles, projects, and .. Page 4 of 4 ^Current Proposal: Report on Recommendations by the Regulatory Negotiation Committee, September 1999. The final report of the Regulatory Negotiation Conunittee on Accessibility Guidelines for Outdoor Developed Areas proposes ADA Accessibility Guidelines (ADAAG) for trails, outdoor recreational access routes, beach access routes, and picnic and camping facilities is available at: http://www.acces8-board.gov/outdoor/outdooNrec- rpt.htm 1 . Discussion of proposed trail development regulations to comply with ADA 2. Plsgyssion-Of ^en a nd how to apply proposed trail development regulati<^n« 3. Proposed Technical Specifications for new and reconstructed traih to comply with 4. Disct^on of proposed specifications for picnic and camping areas to comply 5. Discussion of proposed specifications for beach access routes to comolv with ADA • Clarification on the proposed accessibility guidelines /July 1999) * Standards being developed for accessible ground and floor Mirfiyj-y* oo) • Minutes of Regulatory Negotiation Committee on Access to Outdoor Developed Areas. January 19-22 • PREVIOUSLY Proposed Guidelines for New Trail Construction Under ADA (Februaiy 1999) • PREVIOUSLY Etoposed Guidelines for Camping Facilities (February 1999) • PREVIOUSLY Proposed Guidelines for Picnic Facilities (February 1999) • PREVIOUSLY Proposed Guidelines for Beach Access (February 1999) • PREVIOUSLY Proposed Guidelines for New Trail Construction Under ADA (December 1998) Thank you for visiting the American Traiis website: http://www.AmericanTraiis.org Hemg • News a nd Action Alerts -Trail Tracks Newsletter - Resources anH Library - Your Comments - Membership Form - Member Groups - Board of Directors - Trails State hy Rtat#.. National Tra ils Symposium - National Trails Training Partnership - National Recreation Trails Program ht^;//www.aiiiericaiiUalIs.oii/resources/accessiUe/8/28/2002 n Pernlt No. cPOlU . PERMIT RECORD Date ------- ?-isr-t,»/ • Type of Pernit /^Lrr^^ATiOiJ n «i //Q</__________ _ 7-V-C.A ----------------------------------------------- IS•4^'y-n-(,7 l9o.ti ^ ____ _3-^_r-fey nii^/L/^ii 50^-70 /9^/Vi/ ^-nio 6-3-7C,SAC VV‘»':T _ 7/j SSlKJt^fL HUS'------... H‘ys-Si ^cTC. HS^3 __ ___ 6 *TANiC iAJ‘JT1%La i • C ^">'ST4 OsSr Sl>i^_ ___ S'-jw-CJ*te»Ot L*.< tt 6T 5'£l «-/5-i7 l9</7 ____ 5-3/-y-g U-i>-9l d/v Vv J»- C'^0' zn9 _ //*73*9 2..^ucA L,30 0 (a3i H'li //inr^tA '7(eCO ___:_______1.^'6’^iS’"Th^tA .?/9<o n-Aiz-fk nc5^.--------------- V •• « PTWtt Wo. PO’ZS'S(> /o 33S:^ PERMIT RECORD Jate Po& 995 Pc370/ ^zJLifjfL oo I /~l -^030 0/ hSiL^__ ko2=£i£/ Type ef Paraf^ r>gOK^/y.V^, '' -ij-1.« *‘.. • ••' V. t HIM HATE ta/lA/12 •ATCN SIS NEMNEPXN COUNTY PflOPEETY INFORtlATIOH SYSTCN PROPERTY ONNERS LIST REPORT NO. PIASSAIl PACE ^ PROP AOON OMNER NAME TAXPAYER NANE/AOOR SO fS-117-2S S2 IMA IlSil TQNRANA RD A N CARLSON IT AL TRUSTEES N C NELSON i i C OAOE C/0 TONKANA INC p 0 iox snii NPLS m SSASf It IS-ilJ-SS S2 MIS MS2I TONKANA RD NO AMRXCAN FINANCIAL CORP NO ANERICAN FINANCIAL CORP X TAX DEPT p 0 SOX snsi NINNEAPOLIS IM 55*59 Si I5-117-2S SS IMS 11755 TONKANA RD J g I ROOERS JOHN E I LOIS A ROGERS 755 TONKANA RD LONO LAKE NN 55S54 PROP ADDR ONNER NANE TAXPAYER NANE/ADDR Si I5-1I7-2S SS IMS IM5I TONKANA RD J N ADAIR i N ADAIR JEANNINE N S NICNAEL ADAIR iii TONKANA RD LONO LAKE NN 55555 Si I5-II7-2S SS Ills il57i TONKANA RD DAREL J LEIPIK.0 DAREL J LEIPOLD 57i TONKANA RD LONO LAKE NN 55555 Si I5-U7-2S SS 1119 II57I TONKANA RD OEOROE L TORKELSON ETAL OEOROE L TORKELSON 571 TONKANA RD LONO LAKE NN 55S55 PROP ADDR ONNER NANE TAXPAYER NANE/ADDR Si I5-1I7-2S SS nil 11501 TONKANA RD NELINDA LEE NELINOA UE 5il TONKANA RD LONO LAKE NN 55S55 Si 15-117-25 SS Mil 11505 TONKANA RD R E DEUTLER i N K DEUTLER ROOERT E i NENDY K OEUTLER IS51 AON OR N 55591 Si 15-117-25 55 1112 11591 TONKANA RD N S ORADLEY i 0 N ORAOLEY NICNAEL S i OLIVIA N BRADLEY 15915 IVYUOOO ST N N ANDOVER NN 55505 TAXPAYER NANE/ADDR Si 15-117-25 SS MIS •1592 TONKANA RD DARDARA PUON DARDARA PUON 592 TONKANA RD LONO LAKE NN 55555 SO 15-117-25 55 1115 M7M TONKANA RD T N SPOONER i J N SPOONER TED N SPOONER 1M05 SUNAC CIR EDEN PRAIRIE NN 55S57 SO 15-117-25 SS M15 11712 TONKANA RD TNONAS P OOODYEAR THONAS P GOODYEAR 712 TONKANA RD LONO LAKE NN 55555 PROP ADDR ONNER NANE TAXPAYER NANE/AOOR Si 15-117-25 SS 1115 •1555 TONKANA RD DONALD N LINDALL DONALD LINDALL 555 TONKANA LONO LAKE NN 55555 SO 15-117-25 55 1017 •1551 TONKANA RD NSCKUL A CLENENTS NICNAEL A CLENENTS 551 TONKANA RD LONO LAKE NN 55555 Si 15-117-25 SS Mli M5SI TONKANA RD N A i 5 N CLENENTS NICNAEL A i SUSAN N CLENENTS 551 TONKANA RO NINNETRISTA NN 55555 PROP ADDR ONNER NANE TAXPAYU NANE/ADDR Si ^-117-25 SS M19 11555 TONKANA tt TENPLE ISRAEL OF NINNEAPOLIS TENPiE ISRAEL OF NINNEAPOLIS 2SR5 ENERSON AVR 0 NPLS NN 55515 SO M-llF-iS 55 Mil 01722 TONKANA tt STANLEY S SANDIFORD STANLEY S SANDIFORD 722 TONKANA RD LONO LAKE NN 55S55 SO 15-117-25 55 MI2 •1721 TONKANA » P J NIBOLKTON ET AL P J i K J NIDOLiTON 720 TONKANA RO LONO LAKE NN . 55S55 iUN OATS M/IA/M ■ATCN StS HENNCPZM COUNTY morCRTV tNrORtUTION SVSTEN fROfCRTV ONNCRS LIST RErORT NO. PMSMRl PACE S TARPAVER NANE/ABOR M OS-117-2S M RtlS ••724 TONKAMA RO R N I L N LARSON TRUSmS ROBERT N LARSON 724 TONKAMA Rfi LONS LAKE NN SBSS4 SO •S-117-2S S4 OSOA ••740 TONKAMA RO ALAN J UPZN TRUSTEE ALAN J UPIN 740 TONKAMA RO LONB LAKE NN E5SS4 SO OS-llT-ES S4 •••S ••744 TONKAMA RO E A CALBNELL 0 H T CALONELL EOMARB A 0 NARY T CALONELL 744 TONKAMA RO LONB LAKE NN SSS54 ONNER NAME TAXPAYER NANE/AOOR SO OS-llT-SS S4 •••4 •07S0 TONKAMA RO LAMRENCE N EOELHANN LANRENCE N EOELNANN 14S44 RUAIL CROMN OR NAPLES PL S4U9 SO OS-llT-SS S4 •••7 ••740 TONKAMA RO CNMLES A OERTELSON CHARLES A OERTELSON 740 TONKAMA RO LONB LAKE NN SSSS4 SO OS'llT-XS S4 OOOO ••770 TONKAMA RO T S 0 S J OKERSTROH TNONAS S 0 SUSAN J OKERSTROH 77S TONKAMA RO LONB LAKE NN SSSS4 PROP AOOR OMNER NANE TAXPAYER NANE/AOOR SO 0S-117-2S S4 •••• ••774 TONKAMA RO ANN C PISNER ANN C PISNER 774 TONKAMA RO LONB LAKE NN SSSB4 ••72SO 04-1I7-2S 41 •40S4 ELH ST 0 N ROSCOE 0 K N ROSCOE BEOROE N ROSCOE 44S4 ELN ST LONB LAKE NN 55S54 SO OO-IIT-SS 41 soot ••41S NZNNETONKA N6LO LA JESSICA R NENNAN JESSICA R 0 JOSEPH L NEHHAN 41S MINNETONKA N6LO LA LONB LAKE NN SSS54 TAXPAYER NANE/AOOR SO OA'llT'ES 41 Otn ••••I HINNETONKA NOLO U C CURTIS LEE 0 MIPS C CURTIS LEE 401 NINNETOMKA NIBNLANB LANE LONB LAKE NN SSSS4 SO OO-IIT-XS 41 BOM ••S2S TONKAMA RO A O • V A NOLN ARNE 0 ■ VIRBINIA A HOLM S2S TONKAMA RO LONB LAKE NN SSS54 SO •4-117-23 41 B144 •••SO AOORESS UNASSIBNEB K L PULLER-PEYO ETAL M/L EST KAREN PULLER-PEYO 1477 LONB LAKE RO NEM ORIBHTON NN BS1I2 PROP AOOR OMNER NANE TAXPAYER NANE/AOOR SO 04-117-2S 44 •••S ••4B0 MINNETONKA NOLO LA J L OERO ■ S R BERO JONN L OERB • SNARON R SERB 45B NINNETONKA NIBNLANO LN LONB LAKE NN SSSS4 SO 04-117-2S 44 t044 ••404 NINNETONKA NBLO U C E PLENUM JR 0 L P PLENUM CHARLES a LUMA PLENINO JR ••• NZNNETONKA NIBNLANO U LONB LAKE NN S5SS4 SO 04-117-23 44 ••OS ••444 NZNNETONKA HBLB LA S V SNANTEK 0 P 0 SMANTEK TR STEPHEN • PATRICIA SMANTEK 449 NINNETONKA HBLB LA LONB LAKE NN SSSS4 OMNER NAME TAXPAYER SO 00-117-23 44 •••4 •04S9 NINNETOMCA NBLO U R N a K L SPEETER RZCNARB N SPEETER 4S9 NINNETONKA NBLO U LONB LAKE NN SSSS4 SO 00-117-2S 44 00P7 ••449 NUOCTBNKA -»LO LA R A NUNPNREY SCR UhPNREY ROBERT NUNPNREY 449 NUOMTONKA NIONLAND LA LONB LAKE NN SSSS4 SO •4-117-2S 44 0090 •0479 NINNETONKA NBLO LA ROM NELSON ROBERT P a VICKY A NELSON 479 NINNETONKA NIBNLANO U LONB LAKE NN MSS4 r mm mm OATE M/IA/tE iATCN SEE HEIMiElN COUNTY fROffiTY XNFOillATXON SYSTEM PiOfERTY OMNERS LIST ONNER mm TAXPAYER NANE/AOOR M tA-Ii7-ES A4 ttM ••AYR NINNETONRA NOLO U L A A OAOSAN LAURENCE N SAORAIf • AYY tlXNNETONRA NIONLANO LANS LONB LAKE NN SSSSA PROP AOOR TAXPAYER NANE/AOOR SO •S-U7-2S 21 •••! ••Sti TONKAMA RO D R POHXJE S J PONXJE DAVID R PONIJC Stl TQNKANA RO LONO LAKE NN SSSSA V ' I REPORT NO. PXASSAAl PACE A SO fA-ll7-2S AA ••7SY NXNNETONKA NOLO LA OLEN T NEOOERtfEYER ETAL OLEN T NEOOERNEYER 7fY NXNNETONKA NXONLANO LA LONO LAKE NN SSSSA SO lA-llT-SS AA ••11 ••719 NXNNETONKA N6LO U R C SUNOOERO • L N SUNDOERO RXCHARO C • LXSA N SUNOOERO 719 NXNNETONKA NOLO LA LONO LAKE NN SSSSA TOTAL OATCN SOS ••••• X CERTIPY TNA7 TNE PACTS REPRESiNTEO ARE AN ACCURATE AND TRUE REPRtUNTATXQN OP XNPORNATXON AS XT APPEARS TNXS DATE ON TNE RECORDS OP TNE NENNEPXN COUNTY OEPARTNENT OP PROPERTY TAXATXON# TO TNE REST op NY KNOWLEOOE AND OELXEP DATE A . • ? 1 ,.C -V l:*. ■ . 38 05-117-23 33 0003 JOHN E C LOIS A ROGERS 755 TONKAWA RO LONG lake NN 55356 38 05-117-23 33 0010 MELINOA LEE 680 TONKAWA RO LONG LAKE NN 55356 3f 05-117-23 33 OOU TEO H SPOONER 10085 SUMAC CIR EOEN PRAIRIE NN 5 5 347 38 05-117-23 33 0018 MICHAEL A C SUSAN N CLEMENTS 640 TONKAWA RO NINNETRISTA Ml 55364 38 05-117-23 34 0003 ROBERT H LARSON 724 TONKAWA RO LONG LAKE MN 55356 38 05-117-23 34 0007 CHARLES A BERTEL SON 760 TONKAWA RO LONG LAKE MN 55356 38 06-117-23 41 0080 JESSICA R t JOSEPH L NEWMAN 615 MINNETONKA HGLO LA LONG LAKE NN 55356 38 06-117-23 44 0003 JOMI L BERG C SHARON R BERG 650 MINNETONKA HIGHLAND LN LONG LAKE NN 55356 38 06-117-23 44 0007 ROBERT HUMPHREY 669 MINNETONKA HIGHLAND LA LONG LAKE MN 55356 38 06-117-23 44 0011 RICHARD C C LISA N SUNOBERG 719 MINNETONKA HGLO U LONG LAKE NN 55356 38 05-117-23 33 0005 JEANNINE M C MICHAEL AC AIR 650 TONKAWA RO LONG LAKE MN 55356 38 05-117-23 33 0011 ROBERT E C WENOY K BEUTLER 1331 ARM OR N 0R3N0 NN 55391 38 05-117-23 33 0015 THOMAS P GOODYEAR 712 TONKAWA RO LONG LAKE NN 55356 38 05-117-23 33 0019 temple ISRAEL OF MINNEAPOLIS 2324 EMERSON AYE S MPLS NN 55405 ‘ 38 05-117*23 34 0004 ALAN J UP IN 740 TONKAWA RO LONG LAKE MN 55356 38 05-117-23 34 0008 THOMAS S L SUSAN J OKERSTROM 770 TONKAWA RO LONG LAKE MN 55356 38 06-117-23 41 0091 C CURTIS LEE 601 MINNETONKA HIGHLAND LANE LONG LAKE MN 55356 38 06-1 17-23 44 0004 CHARLES C LINOA FLEMING JR 680 MINNETONKA HIGHLAND LA LONG LAKE NN 5535 6 38 06-117-23 44 0008 ROBERT P 4 VICKY A NELSON 679 MINNETONKA HIGHLAND LA LONG LAKE NN 55356 38 08-117-23 21 0001 DAVID R PONIJE 801 TONKAWA RO LONG LAKE NN 55356 1 38 05-117-23 32 0004 H C NELSON € P ' GACE C/0 TONKAMA INc P O BOX 59159 HPLS NN 55459 38 05-117-23 33 0008 OAREL .J LEIPOLO 678 TONKAWA RO LONG LAKE MN 55356 38 05-117-23 33 0012 MICHAEL S £ OLIVIA M BRADLEY 13905 IV,YM000 ST N W ANOOVE R *MN 5 53 04 38 05-117-23 33 0016 DONALD LINDALL 666 TONKAWA LONG LAKE MN 5 5356 38 05-117-23 34 0001 STANLEY S SANOIFORO 722 TONKAWA RO LONG LAKE MN 55356 38 05-117-23 34 0005 EDWARD A C MARY T CALDWELL 746 TONKAWA RO LONG LAKE MN 55356 38 05-117-23 34 0009 ANN C FISHER 774 TONKAWA RO LOn6 lake MN 55356 38 0 6-117-23 4 1 00 98 ARNE O £ VIRGINIA A HOLM 525 TONKAWA RO LONG LAKE MN 55356 38 0 6-117-23 4 4 00 05 STEPHEN £ PATRICIA SWANTEK 649 MINNETONKA HGLO LA LONG LAKE MN 55356 38 06-117-23 44 0009 LAWRENCE W 6A0BAW 38 05-117-2 3 32 0005 ?°TAX^OEPT** ^***^^**** ^0*** P 0 BOX 59159 MINNEAPOLIS MN 55459 % ■*%' • 38 05-117-23 33 0009 GEORGE L TORKELSON 670 TONKAWA RO LONG LAKE NN 55356 38 05-117-23 33 0013 BARBARA PUGH 692 TONKAWA RO LONG LAKE MN 55356 38 05-117-23 33 0017 MICHAEL A CLEMENTS 640 TONKAWA RO LONG LAKE MN 55356 38 05-117-23 34 0002 P J £ K J MIOOLETON 720 TONKAWA RO LONG LAKE NN 55356 38 05-117-23 34 0006 LAWRENCE W EOELMANN 10344 QUAIL CROWN OR NAPLES FL 34119 38 06H 17-23 4t 0072 GEORGE M ROSCOE 4030 a.N ST LONG LAKE NN 55356 3 8 06-117-2 3 41 0106 MAREN FULLER-FEYO 1677 LONG LAKE RO new BRIGHTON MN 55112 38 06-117-23 44 0006 RICHARD H SPEETER' 659 MINNETONKA HGLO LA long lake NN 55356 38 06-117-23 44 0010 699 MIMNETONIU HKHLAKt UlC 7a9"HlNNlraw!!^^f!LOW tAK6 m 5SSJ6 JoJs Sr TOTAL LABELS BATCH 5 03 0 0040 ••'•cTING Application Deadline: 8/21 /02 60 Day Deadline: 1 0/18/02 REQUEST FOR COUNCIL ACTION Department Approval: Name: Wendy Bottenberg Title: Zoning Administrator Item Description: #02-2824 Betz Builders 104S Brown Road South Variances SEP 2 3 2002 CITY UH OHO no DATE: ITEM NO. 7 Agenda Section: Zoning Zoning District: RR-IB One Family Rural Residential District (2 acre) List of Exhibits: A Resolution B StaffReport and exhibits of 9/16/02 Application Summary: 1. Section 10.28, Subdivision S (B): Lot Area: The lot is 1.64 acres where 2 acres is the minimum lot area for the RR-IB zoning district for new construction. Application Summary: The applicant owns the subject property and is requesting a lot area variance to construct a new residence on the lot. The existing residence that was constructed in the early 19S0's will be demolished. The lot is approximately 1.64 acres and the minimum lot area requirement is 2 acres. A lot area variance is required to construct a new residence. The subject property is currently serviced by an on-site septic system. The property was brought into the MUSA with the adoption of the 2000-2020 Conununity Management Plan. The property owner has indicated his preference is to have sewer brought to the property. He has been working with Greg Gappa, Public Works Director, regarding how to bring it to the property. Sewer is in the neighborhood and several surrounding properties. An easement is needed to bring from the adjacent properties or via Brown Road. If it is determined not feasible, then an approved primary and alternate septic site would be needed prior to issuance of a building permit. PLANNING COMMISSION: Planning Commission recommended by a 7 to 0 vote to: To approve application as presented. STAFF RECOMMENDATION: To approve the enclosed resolution. ^ r » « I • COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. •: 4 i • | itfliiiiSrn-~iT» ■^ m-- -m. A _ ^ .i A RESOLUTION GRANTING VARIANCE TO MUNICIPAL ZONING CODE SECTION 10 JS, SUBDIVISION 5 (BK FILE NO. 02-2824 WHEREAS, Tom Betz (hereinafter "the applicant") is the owner of the property located at 1045 Brown Road South within the City of Orono (hereinafter "the City") and legally described as follows: Exhibit A, (hereinafter “the property"); and WHEREAS, the applicant has l^^lied to the City for a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to allow new residential construction on a 1 .64 acre lot where 2 acres is required in the RR-IB zoning district. WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Plaiming Codes, the Orono Planning Commission held a public hearing on September 16,2002, 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 #02-2824. The property is located in the LR-1 A Zoning District, where 2 acres is the minimum required lot area. The property consists of approximately 1.64 acres. 3.The Orono Planning Commission reviewed this application on September 16,2002 and recommended tqjproval by a vote of 7 to 0. 4. The Planning Commission made the following findings of fact: A. The property has been developed with residential use since at least 1900. 1 of5 B. The property can be developed without the need for further variarxes. C.The lot size is consistent with that of other developed properties in the neighborhood. 4.The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the 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 co.nvenience 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. 5.The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variances on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.28, Subdivision S (B) to allow new residential construction on a 1.64 acre lot where 2 acres is required in the RR-1B zoning district. Approval is subject to the following conditions: 1.Council approval is based on residence meeting all setbacks, height, lot coverage by structures and sewer being available to the property or an approved primary and alternate septic site prior to issuance of a building permit. 2.Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (September 23,2003). 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. 2 ofS f; ^ \ : 1 I i 4. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 23rd day of September, 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 23rd day of September, 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 September, 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. 3ofS ' II ’iiiadhii 7^ Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN day of .,2002,On this _ before me, ____who is personally known to me ____whose identity I proved on the basis of personally appeared whose identity I proved on the oath/afTirmation of., a credible wimess and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this __day of , 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/afTirmation of.., a credible wimess and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public 4 ofS TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg, Zoning Administrator/Planner DATE:September 3,2002 SUBJECT: #02-2824 Betz Builders 1045 Brown Road South Variance — Public Hearing Zoning District: Lot Area: RR-IB One Family Rural Residential District (2 acre) List of Exhibits: A Application Survey w/ existing buildings and req’d setbacks Plat Map Property Owners List Adjacent owners acknowledgement/Approval B C D E Pertinent Code Section: 1. Section 10.28, Subdivision 5 (B): Lot Area: The lot is 1.64 acres where 2 acres is the minimum lot area for the RR-IB zoning district for new construction. Application Summary: The applicant owns the subject property and is requesting a lot area variance to construct a new residence on the lot. The existing residence that was constructed in the early 1950's will be demolished. The lot is approximately 1.64 acres and the minimum lot area requirement is 2 acres. A lot area variance is required to construct a new residence. The subject property is currently serviced by an on-site septic system. The property was brought into the MUSA with the adoption of the 2000-2020 Community Management Plan. The property owner has indicated his preference is to have sewer brought to the property. He has been working with Greg Gappa, Public Works Director, regarding how to bring to the property. Sewer is in the neighborhood and several surrounding properties. An easement is needed to bring from the adjacent properties or via Brown Road. If it is determined not feasible, then an approved primary and alternate septic site would be needed prior to issuance of a building permit. IV02-2824 Betz Builders 1043 Brown Roads 8/31/2002 Page I of2 1 ANALYSIS Lot Area and Yards: RR-IB District Standards ■I r i RR-IA Lot Area Required 2 Acres Actual 1.64 Acres )<•« Statement of Hardship: This is an existing lot which was platted prior to current zoning standards. Issues for Consideration: 1 . The lot was platted prior to current zoning requirements. 2. A residence exists on the property. 3. There is no additional land to combine with the property. 4. Other issues raised by the Platuiing Commission. Staff Recommendation: Staff recommends approval of the requested lot area variance with the following condition: To obtain a building permit the new residence must meet all height requirements, setbacks, 35% hardcover (500-1000 ’ of French Lake OHWL), lot coverage by structures, grading requirements and access to sewer or approved septic sites. Exhibit B shows the building area of the lot. Placing a residence on the lot with sewer does not appear to be an issue. If the applicant decides to forego sewer and uses septic, the location of a residence may be altered to due to the location of the septic sites. #02-2824 Betz Builders 1043 Brown Road S 8/31/2002 Page 2 of2 i -A CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) Appikation# OZ’2S2tf Date Received g *7 1-0*2, Amount Paid <cu^L Property Identification Number (?.ID.) /Ch/rj “ f ~ Qgp.3L Attach legal description to application if not included on required survey. Date PropfilllcAcquired________________________________________(month/year) I (do) ^o no0 also own the^ adjacent parceb of land. Presentee ofproperty: X residential Zoning District:, other (specify). APPLIC 6u/L^>e^ ^c~ Addressi^y><^City: OWNER (if difi^rent than agpUcant) f\^ \ ) ^ Phone fliome’) OirA 9^^ ^ \/ AtY! ^^V^i^Phone (work) Plume (home) Phone (work) _ ______________Zip:. Name Address:___________City:.Zip:, DESCRIPTION OF REQUE^ Estimated Construction Cost $ Describe request in detail: rA.«^$€- "/p Afl-wwyw, krA PtUlC^ U<2.lO ^ ^ tach addititfn(attach additional sheets if necessary) VARIANCES REQUIRED X 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 complb^e^with ^ni^^^(te^uiien^^ ^ xl Ac. AfTSuZ (attach additional sheets if necessary) #2824 dioiiii REQUIRED SUBMITTALS iriTr forVy^r'^nnll^Z:"..!:". «f.dllnf dMi 1. 2. 3. 4. 5. 6. 7. 8. Completed Application Fonn Certifled Property Owners List of owners within 150' l»Ki^ie an/4 i To^graphic survey (existing and proposed elevations) if any chances in exi^tino grade are proposed. In addition, provide one (1) codv x 11** fn ^ ^ persoM you \vish notified of this appli^ion. ^ ^ ^ Additional items as may be requested by City staff. A HUT A IkrnniC* A 4VIWAPPLICANT'S SIGNATURE me wlicwt hereby agrees to provide all iidbrraation required or requested bv the 7„„in. i“^rof;s"f^.’oSee"’;a^r§ information supplied is try ^ c^, „ q,. best of I^S^g" “"'®“ Applicmifs Signature OWNER'S SIGNATURE members for purposes of invesUgaUon anTlSro'f Date P/ePo/i^X. Applicant must have all submittals into the City offices 25 davs befn^T »Ka di • Co„n Meeting. Plan^g Commission MeetiS^s are held on ufe :7 ^ ■^rd.1 Ijl r CERTIFICATE OF SURVEY FOR BETZ BUILDERS IN GOV'T LOT 6, SEC. 10-117-23 HENNEPIN COUNTY. MINNESOTA iimw <r mwKS t It Lm% § U SmIIm to. 117 N»r|li. 0««m U mm fmUmmm t •i f««t iMih «t IM N»rtli«Mt mmfmr tN«fi ihmmmm VMI •! rl§M imIm \m mIO Cm n SirtoiTTiju 0 IIIM9 Mm III 41 <nr00t C00l l0 0 Il00 4tm IM#! IRfMtfH Ilf 117 Nirt4. O0M0 fJMitl. O«terl0«0 0* ftilav* t it f#0t i0Mt0 0f fm ir000 Mist ihtmmpi Ia# m N0 MMlA«00t mmfmmr IMfMf; . 00 M000r||f iMt: IN000t Misl 0l rlfht 00|iii !• IM Mini mf bmmtmmlmrn mt tM Ol iMt: INgntt Mis' IM 0f C0Mi0nc0WMH; ft0fi0slAf si rlom 0nfl0s 0 I OSS0|00 If00 HMflitr IstSSOS l0 or000rlv* M Um |000|i0ii 0f INrss 0slstlsf OsllOtnfs JmwSm ssss0i0ry Is ls0t0l0Mv Ostsmilns IM OsmMsmsi 0«%T7«sf0iisss rsfs^ilMf IM 100011011 0f IM NmI0mM OsMrfPMAl Ul 0. II 4000 sst fsrfMl I0 0Ms sny 0lMr IM M0s40#l00 0f IM sMvs 4s0srlM4 |hSf0S«. II MCSSII 00fl»0# 0f 1 1.1^ V un CIOCBOHBKRCIiSSOCUTQ^IMC MK too Mtrai ft Mm 440 MVUO«0t. LONB UlCIfi fOIM ftt-47»-4141 I »cov conrr sm ini mam 100f I Si A MAV tMM ■ •CUMMItM V X 7fJ^A mitammimm_i c Hennepin County Taxpayer Services Department .t- c $ /o-//y-23.- Parcel IttbrnnaUon I illID 101172324 Houm Number 1045 Stf t Nam« BROWN RD S m$i$ not »leg»ty record map. It npnMntaP Comp Ba ibo nonnlbn na llor* k-^ 't.-v«^ .,1 tf\>« ' T^-K^r^-* iUN OATt AA/ii/12 •ATCN flA HENNEflN COUNTY PiOPERTY INEORNATION SYSTEN mOPEIITY ONNEItS LIST ONNCft NAm TAXPAYER NANE/AOOi M 10-117-2I IS Mil •!••• MONN RO S J A A P A AiMTT ET At JANESi A i PATRICIA AiMTT AA71 CENOA M AMELIA XStANO PL S2ESA Si Ii-U7-2S 21 Mt2 ffiSi AOORESS UNASSIONEO HENNEPIN rORPEITEO LAND CITY or ORONO P 0 RM M CRYSTAL SAY NN 5SS2S Si lt-117-2S 2A ••#2 •IMS SRONN RO S S 0 VANDEVEXRE ET AL STEVEN D VAN DC VEXRE IMS S IROVN RO WAYZATA NN 55S91 REPORT NO. PXASSAIl PA3E 27 TAXPAYER NANE/AOOR Si 1I-U7-2S 2A iOfS ilMS SRONN RO S R SERRETT t C SERRETT ROSERT t CLAXRE SERRCTT XfSS SRONN RO S NAYZATA NN SSSn SS it-117-2S 2A SOM iim SRONN RO S JERRY L CNRXSTENSON JERRY CNRXSTENSON IltS SRONN RO S NAYZATA NN SSSn Si li-117-2i 2A ••11 •lll^ NXLLON OR S ROSERT N OLASER ROSERT N GLASER Ills NXLLON OR S NAYZATA NN 55S91 ONNER mm TAXPAYER NANE/AOOR Si Ii-117-2S 2A ••S2 •1120 NXLLON OR S JUOXTN A ORAUNKE JUOXTN A ORAUNKE 1120 NXLLON OR S NAYZATA NN 5SS91 Si li-117-ZS 2% EiSS •21AS CARRIAGE LA SCOTT ANCSSURY NINTON SCOTT ANCSSURY NINTON ins XOS CENTER •• STN ST S NlNNCAPOLXS NN 55AS2 Si li-117-2S 2A iESi •212E CARRXAGC IA C D VELIE I S J VELXE C DECKER t RONNIE JO VELXE 212S CARRIAGE LA NAYZATA NN 5SS91 ONNER NAME TAXPAYER NANE/AOOR TOTAL SATCN SIS ••••• X CERTIFY THAT TNE FACTS REPRCSCNTEO ARC AN ACaiRATE AND TRUE REPRESENTATION OF XNFOIRUTXON AS XT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY OEPARTNCNT OF PROPERTY TAXATION# TO TNC^SEST OF NY KNONLEOGE AND RELIEF - -- - 9. W2-2S27 Sven Gustafson, 4S1S North Shore Drive, requests variances to permit construction of a new residence on a 23,360 s.f. (.54 acre) lot where 43,560 s.f.(l acre) is required and 55* in width udiere 140* is required in the LR-IB zoning district 10. #02-2828 Tony Lund, **4515 North Shore Drive**, requests variances to permit construction of a new residence on a 26,920 s.f. (.62 acre) lot where 43,560 s.f (1 acre) is required and 65* in width where 140’ is required in the LR-IB zoning district. 11. #02-2764 Proposed Zoning Code Amendment, Proposed Section 10.46, Commercial - Plaimed Unit Development Oidiiumce. 12. #02-2829 Proposed Zoning Code Amendment, Proposed Section 10.03, Subd. 28, to establish residential remodeling ‘Total Replacement” standards. All persons wishing to be heard are encouraged to attend this meeting. Written comments are accepted and should be submitted to the City of Orono by September 11,2002. Plans ate available in the City Offices. For an appointment, please call (952) 249-4600. City of Orono By: Planning Commission '•0 9 rr wll t Paul Weinberger, Zoning Administrator/Planner To be published the week of August 31,2002 38 10-117-2 3 24 0004 JERRY CHRISTENSON 1105 BROWN RO S WAV2ATA NN 55391 9-7-2.00 3 s 7Z 3o/e.oE/l^ ( CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Ciystal Bay, MN 55323 Phone (952) 249-4600 Fax (952)249-4616 NOTICK 1. 2. 3. 5. 7. 8 #2333 #02-2806 #02-2820 4. #02-2822 #02-2823 6. #02-2824 #02-2825 #02-2826 on use PropoMd Zoning Code Amendment, Section 10.20, Subd. 4C, Proposed amendment of Home Occupations Standards ordinances. David and Lyime Teckman. 1625 Bohns Point Road, request variances for hardcover greater than 25% within the 75-250 I^eshore setback to permit construction of a new residence the property iwated in the LR-IB zoning district, and a conditional permit to permit plumbing within an accessory structure. Michael Lasher, 1360 Railroad Avenue, requests a variance to permit construction of a 10 ’ X 20 ’ covered porch to be located 40’ from the front property line where 50’ is required. Danielle Henely, 3422 Livingston Avenue, requests a variance to permit consUuction of a two stall detached garage closer to the street than the on a^^u^JolT* * conditional use permit to permit the detached garage Ronald Cloud, 3460 North Shore Drive, requests variances to permit an Betz Builders, 1045 Brown Road South, requests a lot area variance to permit new residential construction on the property with a !ot area of 71 438 s.f. (i .64 acres) where the RR-IB zoning district requires lot area of 2 acres. area, lot width and average lakeshore setback variances to permit construction of a new residence on the property located in the LR-IB zoning district. to Pemit a 28 X 35 storage garage to be constructed closer to the front property Ime than the prmcipal residence. Application Deadline: 9/0S/02 60 Day Deadline: 11/08/02 SEP 2 3 2002 ClfYUt- UHO n O REQUEST FOR COUNCIL ACTION Department Approval: Name: Wendy Bottenberg Title: Zoning Administrator DATE: ITEM NO. ^ Agenda Section; Zoning Item Dcaeription:#02-2825 Wayne and Karen Soojian 4496 North Shore Drive Variances Zoning District: Lot Area: LR-IB One Family Lakeshore Residential District (1 acre) 23,523 s.f. (.54 acres) ListofEshibits: A Resolution B Staff Report and exhibits of 9/16/02 Pertinent Code Sections: I. Section 10.24, Subdivision 5 (B); Lot Area: The lot is .54 acres where 1 acre is the minimum lot area for the LR-IB zoning district for new construction. 2. Section 10.24, Subdivision 5(B)and Section 10.03, Subd 6(AKI): Lot Width: The lot is 120 feet wide as measured at the 75 ’ setback where 140 feet is the minimum lot width for the LR-IB zoning district for new construction, however, no width variance is required because this meets 80% of the standard per 10.03 Subd. 6(AKI)- 3. Section 10.22, Subd. 1(B) and Section 10.56, Subd. 16(C)(6); Average Lakeshore Setback; No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots. To permit a variance to encroach 45' into the average lakes'nore setback. Application Summary: The applicants own the subject property and are requesting a lot width, lot area and average lakeshore setback variances to consuiict a new residence on the lot. The existing residence that was built in 1951 will be demolished. A lot width variance is not required because the width meets 80% of the standard and this is a sewered 1 -acre district. A lot area variance is required due to the lot area being .54 acres or 23,523 s.f where I acre or 43,560 s.f is required in the LR-IB zoning district. An average lakeshore setback variance is required because the proposed residence lies closer to the lakeshore than the two adjacent residence structures. The new residence is to be located in the same place as the existing residence. The house to the west is approximately 140’ away and its views of the lake will most likely not be affected. The house to the east is approximately 30’ distant and some lake views may be slightly affected. The existing residence on the property to the east is non conforming and it is likely it will be redeveloped and at that time it will be located in a conforming location. If the proposed residence was located behind the average lakeshore setback, with setbacks the buildable area would be approximately IS* wide. At the public herring, the neighboring property owner to the west expressed concern about drainage toward his property. He was advised it is the City’s intent that runoff firom the new residence be directed around the east side of the house where feasible, and gutters be required for the west side of the garage to rninimize impacts to the neighbors. It is anticipated that the total runoff to the westerly neighbor will be decreased from its current level due to hardcover decreases associated with the rebuild. PLANNING COMMISSION: Planning Commission reconunended by a 7 to 0 vote to: To approve ^plication as presented. STAFF RECOMMENDATION: To iq>prove the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. ^ r- ~. ? A RESOLUTION GRANTING VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B); SECTION 10.22, SUBDIVISION 1 (B); AND SECTION 10.56, SUBDIVISION 16(CK6) FILE NO.02-2825 WHEREAS, Wayne Soojian and Karen Soojian., (hereinafter "the applicants") are the owners of the property located at 4496 North Shore Drive within the City of Orono (hereinafter "the City") and legally described as follows: Lots 1 and 2, Bergquist’s 2"'' Addition to Saga Hill, Hennepin County, Minnesota, (hereinafter "the property ”); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 1024, Subdivision 5 (B) to permit new residential construction on a .54 acre lot where I acre is required and an encroachment of 45’ into the average lakeshore setback. 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 September 16,2002, 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 #02-2825. 2.The property is located in the LR-IB Zoning District, where 1 acre is the minimum required lot area. The property consists of approximately .54 acres. 3.The Orono Planning Commission reviewed this application on September 16,2002 and recommended approval of the proposed variance based upon the following findings: A. The property has been developed with a residential use since at least 1951. Page 1 of 6 4. 5. B.The site plan indicated the proposed setback 1 O' to the side property lines, 30' to the rear property line which meet the minimum requirements of the LR-1B zoning district. C. D. E. The lot was platted prior to current zoning requirements. There is no additional land to combine with the property. The new residence will be in the same general location as the existing resioence. F. The non-conforming location of the residence to the east leaves a small, approximately 1 S’ wide building area meeting the average lakeshore setback. G. Drainage concerns expressed by the neighboring property owner can be addressed through suitable drainage and grading plan. The City Council finds that the conditions existing on this property are peculiar to t 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variances on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipd 2^ning Code Section 10.24, Subdivision S (B) to permit new residential construction on a .54 acre lot where 1 acre is required and an encroachment of 45 ’ into the average Page 2 of 6 J lakeshore setback. Approval is subject to the following conditions: 1.Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2.Applicant shall provide a grading and drainage plan acceptable to the city addressing the neighbor’s concerns prior to issuance of the building permit. 3.Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (September 23,2003). 4.Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5.The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, his successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono, Miimesota at a regular meeting held on the 23rd day of September, 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 23rd day of September, 2002 Pages of 6 I 'i i by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. il . i Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of September, 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 STATE OF MINNESOTA COUNTY OF HENNEPIN 5i- 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, credible witness .,a 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, Page 4 of 6 tuaai Lb 1 personally appeared before me, ____is personally known to me ____whose identity I proved on the basis of ____whose identity I proved on the oath/affimiation 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 I '■ i ^ ^1 i Page 5 of 6 i 4-1 •H / NOTES; IMillt ' l4ahw«.M4»M ta.MUM / /»V s «CMr or Mr umc -^' j, PCT NCSA- Ma m »iAr so” v PIONBm iMC «p»vc*ait • OA. c>K»<f*s 2422 Cnt«ppp«M OrHaMN 55120 (651) 661-1514 FAX: 681-9486 angumering . ♦ lAMO PVAM4ITS 0 UMOICm tfO«TtC«l •25 *0 MC (763) 783-1880 FAX: 763-1883 Boundary Exhibit for waynp: soojian House Aduress: 44B8 North Shore Drive ____js KjmbNod (or IM$ proporty t,. uMtf (or ounoy io loeotod tn V*o Southoost comor oT Bridgo 725$ (Hondrkkoon BrUgo), No nilo Opinion 2. B^chmork a - 947.21 (NOVO 29). . . ^ ,J. Boundary oafift/l it bO$Od on monumontt (ound In rwd. ABEA l J Arto of Ul fifcor- NIH: ♦/- 2X523 t*ft > Arto of Lot Mow o 75 feet MfeOC* to NML* Alto of let ffeoro a 75 feet Mtftoek to Mtt: ♦/- 10,096 t^ o/- IJ.469 IMo ‘V SITE PLAN SoS -Vo • -i-. - Snale: LOTS 1 & g _. BERGQUISTS 2ND ADDITION TO SAGA HILL H£NNB(W COUNTY. INNNCSOTA W« h*«br e»Uty Io -o>nf Soofen Uiol Ih.t ouf-pOf. plan or roport on proporoO br <"0 or onOor mj tfr««l tuporwtion onO »ol I am o My baatioaO tonO Survayor uooar Iba Ion ol lha Slala ot umnatata. Oolad Ihia oay o« Ugrch----------AJ)-. 2002. Si^a« PIONCCR eNCMeERiNC. P.A.Noritod: Add Araos 8/15/02 Roritod; Aroot 8/19/02 ^ ^ ^ yr Rpdpod; Add 25' SotOocii Lino 8/29/02 ^ Rodiod; Arpot 9/05/02 E. Hettianbochor. l.&^^ No. 20999 Thomet A. BaOgff. L.S. R09. No. 40361 udetM J TO: FROM: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Wendy Bottenberg, 2^ning Administratoi/Planner DATE:September 9,2002 SUBJECT: #02-2825 Wayne and Karen Soojian 4496 North Shore Drive Variance - Public Hearing Zoning District: Lot Area: Exhibits: LR-IB One Family Lakeshore Residential District (I acre) 23,523 s.f. (.54 acre) A B C D E F G H Application Survey/Site Plan Applicants Letter Elevations Floor Plans Hardcover Calculations Plat Map Driveway Layout Pertinent Code Sections: I. Section 10.24, Subdivision 5 (B): Lot Area: The lot is .54 acres where 1 acre is the minimum lot area for the LR-IB zoning district for new construction. 2. Section 10.24, Subdivision 5(B)and Section 10.03, Subd 6(AX1): Lot Width: The lot is 120 feet wide as measured at the 75’ setback where 140 feet is the minimum lot width for the LR-IB zoning district for new construction, however, no width variance is required because this meets 80% of the standard. 3. Section 10.22, Subd. 1 (B) and Section 10.56, Subd. 16 (CX6): Average Lakeshore Setback: No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots. To permit a variance to encroach 45' into the average lakeshore setback. Application Summary: The applicants own the subject property and are requesting a lot width, lot area and average lakeshore setback variances to construct a new residence on the lot. The existing residence that was built in 1951 will be demolished. A lot width variance is not required because the width meets 80% of the standard and this is a sewered 1-acre district. A lot area variance is required due to the lot area being .54 acres or 23,523 s.f. where 1 acre or 43,560 s.f. is required in the LR-IB zoning district M2-282S Wqym and Kartn Soofian 4496 North Shore Drive Page I of 2 7 An average lakeshore setback variance is required because the proposed residence lies closer to the lakeshore than the two adjacent properties. The new residence is to be located in the same place as the existing residence. The house to the west is approximately 140 ’ away and its views of the lake will most likely not be affected. The house to the east is approximately 30 ’ distant and some lake views may be slightly affected. The existing residence on the property to the east is non conforming and it is likely it will be redeveloped and at that time it will be located in a conforming location. If the proposed residence was located behind the average lakeshore setback, with setbacks the buildable area would be approximately 15 ’ wide. Statement of Hardship: The applicants have submitted their statement of hardship in Exhibit C. The applicant should also be asked for their testimony regarding this issue. Issues for Consideration: 1. The lot was platted prior to current zoning requirements. 2. A residence exists on the property. 3. The new residence is proposed to be in the same general location as the existing residence. 4. The new residence will slightly limit the lake view of the property to the east, however the possibility of that property redeveloping is likely considering the redevelopment in the area. 5. The non conforming location of the residence to the east leaves a small, approximately 15 wide building area meeting the average lakeshore setback. 6. The proposal meets hardcover requirements, height and yard setbacks. However, in order to meet the hardcover limit of 25%, applicant has proposed a ‘‘bare minimum” driveway with no backup apron, and very little guest parking capacity. Staff questions whetiiwr this is reasonable given the busy nature of North Shore Drive. (See staff comments on Exhibit H). 7. Other issues raised by the Planning Commission. Staff Recommendation: Staff recommends approval of the requested variances. To obtain a building permit the new residence must meet all setbacks, hardcover and structural lot coverage requirements. Planning Commission may wish to make a recommendation regarding the driveway situation. M02~2825 Wc^ne and Kartn Soi^ian 4496 North Shore Drive Pag* 2 of 2 A9r>2t-2002 08:33ai Fi'ea-CIH OF ORONO ♦9322494116 T-M9 P.90r/9IS F-426 A • •• ••• •• •• •« CITY OF ORONO - VARIANCE APPLICATION •; ., Inidd A^Iicatioa Fee $250.00 T5St>**" (iSQ.OO per each additional variance) Renewal Variance Fee $150.00 (no change from original i^Iicarion) Variant for non*confonning stnictures $250.00 After-fhe-Fain Fees Rouble iy)pUcarion fee) - PROPERTY INFORI^TION Site Address AppBcallon~ ^ Date Received / 02^ - Amount Paid <fu pJL^ • * • roRMATlON ^ V 44 i»JoCfv» SwcA Pkopeny Identification Number ffXD.^ O'7inraa^aioooft .. mm A •• AA A A > . . - 111 I Attach legal description to application if not included on required survey. Date Pwipfatv A^MiMied Sjro‘ I (do)^ no^j lso own the adjacent parcels of land. PresennBrof^operty: residential o ther (^ify) District; I (mondi/year) APPLICANT Name WAViJg I Kik€€hX Phone (hom el • Phone(wori c) y IhCM PtiiAjft Zin: OWNER (if different than applicant) Name • • ~_________■ Address:__Gity^ Phone Otome), Phone (wQik)_ Z?n ‘ DESCRIPTION OF REQUEST Constnicdon Cost $ 4oO( Describe request in detail: 'bCMou^M ^ 4 (attach additional sheets if necessary) 4** • VARIANCES REQUIRED y ^ Lot Area • pC Lot Width Lot Coverage Setback:Front Side Fbidcover _ . Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difliculfy or unusual property conditions pceveoting compliance with Zoning ------ • • lel sheets If net <* r .?* / / mWAIEBS tfSOCUTEMWC Aw!> :>3 If 1 V n )llt i*nMt.MNSSM6 »*744IM HD*Y44WS MKMkv.OOOISOI / / / / / / / / / / .‘V ^ *PIOWMW . \ ana^naarlna ★ ' *t \ UNO PIANNUS • LANOSCAPC MCHI1CCTS \^4* 2422 CnttrpriM Oriva Mandoto Haighta. UN 55120 (651) 681-1914 FAX: 681-9488 sa.aWsoV ’y-^ • (763) 783-1880 FAX: 783-1883 \ wmw w \ Boundary Exhibit for: WAYNE SOOJIAl / V £OCf J-ialo2 y / House Address: _ 4496> North Shore Drive NOTES: f. No TW0 Optnhh was lumkhod for this propsrty, 2. Bsnehmcfit ussd for surssy Is heatsd In ths Southsast comer of Bridge 7258 (Hendrickson Bridge). CL - 947.21 (NG^ 29). ^ <3. Boundary sxhM Is based on monuments found In fNe field. Ni I W V/^ “Ct y \n \ y V '•I V * • ••• ■ ^9 7/ \ *. / V \K\\ «•X 4 ^ / V' "» _ .V 'V q Btartngt Utomt ora otaumed LOTS 1 & 2 . ' BERGQUISrS 2ND ADDITION TO SAGA HILL HOmPIN COUNTY, M/NNESOTA We hereby certify to Wayne Soojian that this survey, plon or report wos prepared by me or under my direct supervision ond thot I cm o duly licensed Land Surveyor under the lows of the Stote of Minnesoto. Doted this 20^ do^ of /7iA4c^.______a.D„ 2002. cale: \ \SITE PLAN Signed: PIONEER ENGINEERING. P.A. •n Bv. Terrence E. Rothenbocher, LS. Reg.^No. 20595 Thomas R. Bolluff, LS. Reg, No. 40361 Variance Request Soojian Residence 4496 North Shore Drive Orono, MN The Applicant is proposing to remove an existing home and build a new one on the above reference site. The property is located on Forest Lake near the channel that leads to the West Arm of Lake Minnetonka. The property is approximately .50 acres in size and is zoned for residential use. The property is located within the Shoreland Overlay District. Hardcover is limited to 0% for the first 75 ’ from the lake and to 25% from 75 ’ mark to 250 ’ from the lake. Existing Conditions: The existing home is located approximately 103 ’ from the lake, 44.5* from the front building line and 20.1 from the east property line and 29.9 feet from the west property line. Existing impervious area on the property is 34%. The home directly to the east is 8’ from the front property line and 8’ from the side yard line. With the exception of a small area of steep slopes along the north property line the slopes on the property range from 10% to 20%. The steep slope along the north property line continues into the property to the west. Mature shade trees are located on the property, which the applicant plans to preserve. Project Proposal: The applicant is proposing to construct a new home in the same location as the existing house. The house will be 103.1 feet from the lakes edge and 30 feet from the front building line. The impen ious area has been reduced too less then 25%. A reduction in imper\ ious area was achieved through careful site planning which included designing a side loaded garage and by reducing the amount of asphalt pavement. Attached are plans and elevations of the proposed home for your review. Variance Request: Variances are requested for lot size, lot width, and average lakeshore setback. Lot Size: As stated above the existing lot size is approximately '/j acre while the zoning ordinance requires a 1-acre minimum lot size. We believe a variance is appropriate because this is an existing lot of record that was configured under laws that predate the existing zoning ordinance. Lot Width: The ordinance requires a minimum lot width of 140 ’ at the waters edge. The properties width is 131 ’. Again the property was configured prior to the enactment o the current zoning requirements. A variance is required to allow the property owner reasonable use of the property. Average Lakeshore Setback: The ordinance requires that new structures be setback the same distance from the lake as the homes that are located on abutting properties. The home located on the property to the east is a located within the front and side yard setbacks creating a nonconforming structure under the current zoning regulations. If this home were built to current standards it would not be in its current location and would undoubtedly be built closer to the lake. The shoreline of the lot to the west is irregularly shaped and changes course from a nortiwest tearing to a westerly £525 1 (L. bearing. The topography of the lot the bearing of North Shore Drive also follows this digment creating a^pezoidal lot. Because of the shape of the lot the existing house on the lot IS situated behind the existing house on the applicant ’s property. If a line were drawn between the two comers of the adjoining homes the applicant would have a buildaMe area that is only 15’ wide. This would be an undue hardship on die ^plicant for constructing a home. The i^plicant is cognoscente of protecting the views of the ^joining property owners. This was accomplished by constructing the house in the same location as the existing stricture. TTic sight lines currenUy enjoyed by the adjoinine property owners will be maintained. ^ ^ Conclusion: We req>ectfully request that the variances be granted for the property. The exis^g home will be located in the same area as the existing home. The Impervious area has been reduced from 34% to 25%, which is an improvement of over 26%. Sight lines have been maintained for the adjoining property owners. The proposed home is a reasonable and equitable use of the property, which will not have any negative imnacts for the adjoining neighbors or the City of Orono. / — ----- KITCHEN ? !> I 1 1 tiKEATKOOH OWMER'6i 1 BEOfioOK 1 W MM • MMMM aMB MM ^M M MB MAIN LtytL PLAN 2<* It <)m4* n»X 1^ swe.1.40*^ .Ml MM --cOp: -A) S^, SOOJIAN R^DENCE cAA. ^ ‘^'03>______ tlijdki r KtffVWAflM wiSSuiiubiu' iNnt tefMttfMW ms f% tnK ;j^c '*r KITCHEW ! T—^ 1 1 —♦—1—I—* -■♦- «>teATWOH OWKICRfi1 1 etoiu>oH 1 1______________ • • I 2 P P % SOOJIAN RBSIC^CE k —------ Hn i SE yK\j|y )MU p-Ai LjFTE.R LEVEL PLAN 60HU6 ROOKI I KifmwATiaf te(MH • 1/8“’'I - o'* e n oe. H^^-so rr * % • • ^ sdcAi ^* •* • 11 r Rl^ld^CE KimiWAVW lltM* fMUfNAM iHlMlIfU^ LDWET^ UVEL PIAN t/B"*l-o* fl-n oc. ^VM*a rr ^ *p)^'SOOJIAN RESIDENCE r VACOOC NOXM007 NOT^LOTA TOf4KAVieWGA7^N^ 07-//7-a3- Parcel Information • • •Parc«l ID 071172331 Houm NHmlMr 4496 Stmt Heme NORTH SHORR OR 7N$lMnot»iag9Myneofd§dm»fi.ltnpn9»ntaBeempgationoflnlbnnalion Bnd data lorn Otjf, Ceunfy, and Stala toadauthoriUaa and otha.'aourc9$. CANT’S PROPOSED DRIVEWAY LAYOUT kiTunents: Driveway has been minimized in order to maximize house footprint while meeting 25% 75-250* hardcover limit. Driveway width is 8 from R.O.W. to apron, not wide enough for comfortable vehicle ngress/egress, but functional. SufTbcIievn a 120 s.f. backup apron is needed in order for vehicles to be able to enter Morth Shore Drive moving forward. This meai«an additional 120 s.f. would have to be ’emoved from the house. Phis drivew ay layout has a high potential for “creeping expansion ” that will result in this troperty ending up with more than it’s 25% hardcover allotment sometime in the future Application Deadline: 8/21/02 60 Day Deadline: 1 0/18/02 SEP 2 3 2002 Cl IY Uh OHQNO REQUEST FOR COUNCIL ACTION Department Approval: Name: Wendy Bottenberg Title: Zoning Administrator DATE: ITEM NO. n Agenda Section: Zoning Item Description: #02-2826 Michael and Deborah Benedict 25 Orono Orchard Road Variance Zoning Dbtrict: RR-1B One Family Lakeshore Residential District (2 acre) Lbt of Exhibits: A Resolution B Staff Report and exhibits of 9/16/02 Pertinent Code Section: 1. Section 10.03, Subdivision 9 (B): Accessory Bnilding Location: No detached garages or other accessory building shall be located nearer the front or street lot line than the principal building on that lot. To permit a 28’ X 35 ’ accessory structure closer to the street lot line than the residence. Application Summary: The applicants have requested a variance to permit a storage building to be located nearer the street than the principal structure. The building is 28’ X 35 ’ or 980 s.f.. The storage building will be located at the rear of the property approximately 330 ’ from the street. The accessory building meets all setback requirements for the RR-IB zoning district and the square footage of the building meets the size restrictions of the accessory strucnire ordinance. The subject property is serviced by an on-site septic system. The new location of the storage building will not interfere with the current septic system or future sites within this property. There is currently a shed on the property which will be removed when the accessory structure is built. PLANNING COMMISSION: Planning Commission recommended by a 7 to 0 vote to: To approve application as presented. STAFF RECOMMENDATION: To approve the enclosed resolution. i COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. A RESOLUTION GRANTING VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (B), FILE NO. 02-2826 WHEREAS, Michael Benedict and Deborah Benedict, husband and wife, (hereinafter "the applicants") are the owners of the property located at 25 Orono Orchard Road within the City of Qrono (hereinafter "the City") and legally described as follows: Exhibit A (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.03, Subd. 9 (B) to allow placement of an accessory structure between the principal building and the front lot line where no accessory structures are normally allow ed. WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on September 16,2002, 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. 3. This application was reviewed as Zoning File ^02-2826. Tt;e property is located in the RR-IB Zoning District. The Orono Planning Commission reviewed this application on September 16,2002 and recommended approval of the proposed variance based upon the following findings: A. The location of the residence is 340 ’ from the street toward the rear of the 5.8 acre property, making it impossible to piKe an accessory structure within the front yard without a variance. lof6 4. 5. B. The property line runs at an angle to the existing home, requiring the building setback line to also run at the same angle, therefore not allowing the accessory building to be built behind the residence. C. The structure will not have any visual impact to adjacent properties. 1'he City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variances on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (B) to allow the proposed accessory structure to be located nearer the front lot line than the principal building. Approval is subject to the following conditions: 1.Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit B. Any amendments to the site plan may require further Planning Commission and City Council review. 2.The existing shed on the property be removed upon final inspection of accessory structure. 3.Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date 2 of 6 (September 23,2003). Violation of or non*compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5.The undersigned applicants have read, understood and hereby agree to the tenns of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of .the property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 23rd day of September, 2002. ATTEST: Linda S. Vec, City Clerk Barbara A. Peterson, Mayor Property Owner (s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 23rd day of September, 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 6 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of September, 2002 by Linda S. Vec, 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 before me. day of .2002,personally appeared 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/affmnation 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 4 of 6 Exhibit A L^gm'OMeript I on All Ihol port of tho SouUnrott 1/4 of tko Soutlwoot 1/4 of SoPtlon 352 TMmohlp .118 North Ronao 23, Ifoit of tho 8th Prlnelpol Morldlon* doierlbod ot follovo, vizt Bogloninp ot tho Southwdot eornor of oold Soutfraroot 1/4 of tho Sottthooot 1/4; thonoo Eoot olonp tho Sooth lino thoroof'O diotonoo of 13.39 ehoint; thoneo North 48.8 dogrooo Voot o diotoneo of 13.50 eholno; thoneo North 38.8 dogrooo Voft-:o diotoneo of of' tho «4oTlSOf;^^lho 1/4 of Soet.lon 35, tomoihip 118 North Rongo 23. Voot of tho 5th Prlnelpol Norldlon, lyliM North of tho South 400.00 foot thereof ond Southerly..of. the eontorlino of Orono Orohord Rood, ond EXCEPT Thdt port of tho Voot SO foot of tho ^uth 400 foot of tho Soutinrodt 1/4 of tho Southooot 1/4 of Section 35* Townohlp “ 374.0 foot thoro6f( _ _ _ _ thereof, Hennepin ■CoiihtXx'llthiij Soutlwoot 1/4 of tho Southuoot 1/4 of Abotroet. Pag* S of 6 -- - - -... LEGEND ‘ mt, mmmB nti mim* 18 (MONO ROAD CITT or VtlirifOTA L«f«l OtMffptltn SMlkMd ••r»*r «f mN SmMwmI 1/4 •! tk« UuUm—t l/4£^lkM4 b4l^«t^_tk4 tMlh Mm IM/mI • 4|*Imm «fu.s s;:: s::s ».SJ CMIM U IH« ¥mI IIm «f mI4 tMlIlMtl 1/4 •! •I •# Um l/4x m«M« tMm •!•«§ mI4 ti4«l Hm i 4UI«M« •f IJ.Jt tUlM U IM 4lM« «f MfiMlM, ------- ¥mI tM iMl •# IM tMifeVMl 1/4 •# IlM fMt MTl •I UM •• f4M 1/4 •# SmIIm Jt« TotmUI# lit ntrlft tai«« 11. ftk rrlMli«l IviM Ntrll •# iMti S. —4 •f IM Malarllai •# •r4W (_____ IWT TMI f0M •! M ||M« M fMt •# !!• IHli !••• •# IlM iMtfm t/4.«f.lte tMllMMfl 1/4 T»fflat «4rS77 R9 BSfasSSHSt-'®’ AbtIrMl. TO;Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg, Zoning Administrator/Planner DATE:August 31,2002 SUBJECT:(V02-2826 Michael and Deborah Benedict 25 Orono Orchard Road Variance Public Hearing Zoning Dbtrict: RR-IB One Family Rural Residential District (2 acre) Exhibits: A Application Description/Hardship Survey/Site Plan Elevations/Floor Plan Septic Report Plat Mi^ Property Owners List Permit Record B C D E F G H Pertinent Code Section: 1. Section 10.03, Subdivision 9 (B): Accessory Building Location: No detached garages or other accessory building shall be located nearer the front or street lot line than the principal building on that lot. To permit a 28’ X 35’ accessory structure closer to the street lot line than the residence. Application Summary: The applicants have requested a variance to permit a storage building to be located nearer the street than the principal structure. The building is 28’ X 35’ or 980 s.f.. The storage building will be located at the rear of the property approximately 90’ from the street. The accessory building meets all setback requirements for the RR-1B zoning district and the & .,aare footage of the building meets the size restrictions of the accessory structure ordinance. The subject property is serviced by an on-site septic system. The new location of the storage building will not interfere with the current septic system or future sites within this property. There is currently a shed on the property which will be removed when the accessory structure is built. #02-2S26 Michaet/Dcbonh Benedict 25 Orono Orchard Road Variance 1/31/2002 Page 1 of2 i 1 Statement of Hardship: The applii^ts have included their statement of hardship in Exhibit B. The applicants should also be asl^ for their testimony regarding this issue. • . ... Issues for Consideration: 1. The accessoiy structure will not impact adjacent properties. 2. The accessory building meets setbacks and size restrictions of die accessory structure ordinance. 3. Other issues raised by the Planning Commission. Staff Recommendation: Staff recommends approval of the variance to allow the placement of a 28’ X 35’ accessory structure between the principal structure and the street per the proposed plan. #02-2126 Mkhael/Debonb Benedict 23 Orano Orchard Road 1/31/2002 Pafe2of2 J»e—i A CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S2S04K) (SSO.OO per each additional variance) Renewal Variance Fee Si50.00 (no change from original application) Variance for non-conforming structures S2S0.00 After-the-Fact Fees (Double application fee) Application id Amount Paid ag«4SP. Date Received PROPERTY INFORMATION Site Address QJ^ATS Property Identification Number (PJ.D.) _________________ Attach legal description to applicarion jf not included on re<}uired survey. Date Property Acquired ^ I (do) Po not| also own the adjacent parcels of land. Present oU 8r property: X residential other (specify) Zoning Dbtrict:________________________‘ .(month/year) ftgfygp/gr- Address:City:. Phone (hom^ Phone (work! ^5S3S(P OWNER (if different than applicant) Name Address: Phone (home). Phone (work) City:.Zip: DESCRIPTION OF RE(}UEST Describe request in detail: Estimated Construction Cost S (attach additional sheets if necessary) VARIANCES REQUIRED ___Lot Area ____Lot Width Hardcover Setback: .Lot Coverage Front Side Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning. Code requirements: (attach additional sheets if necessary) #2 8 23 6 laui REQUIRED SUBMITTALS 1. 2. 3. 7. 8. All gf tnc following information ^ust he ^ ardtr for jour aanlicaiion to ^Completed Application Form Certified Prope^ Owners List of owners within 150' labels and nl«t / must *«t, labels and map from Hennepin County Department^ ofFinance, A-603, Govt Center, 348-5910). ™ partment of Certificate of Survey (signed by a licensed surveyor) and include hardr« Sk«ches or pl,^ of flop, & .,.Lo„ vi.w/& 1 if marital status) of all persons^with^an interest in Ae property. This would mclude name(s) of applicant(s) if not current numAr/ \ As an Kldendum to this application, please a"ch a separate liTTf aToter persons you wish notified of this application. ^ Additional items as may be requested by City staff. 4. 5. 6. APPLICANT'S SIGNATURE The applicMt hereby agrees to provide all information required or requested bv the 2oni„» infomtation supplied U true myotrect to the best of hisJttoowled^^^ *' Applicanfs Signatme Date O^ltofp-Z. OWNER’S SIGNATURE members for purposes of investigation and verification of Ais request. Applicant must have all submittals into the City offices 25 davs hi.fnra. ♦!, di ’’’’T* Meeting, are held on the t^ MoX ,^h monA. Applicants must be present at all scheduled review meetin«« nf *i>. di Commission and Council. If an applicant is unable to attend a scheduled meeting please ^e i^gements to have an auAorized agent attend in your place and to adv^ tte b£! & Zoiung Office of this change prior to Ae meeUng. » «*vise the Building -ISK 'O ^O Aw i r • a )■I^a! name«ofi IS with an II Michael DeWayne Benedict Deborah Ann Benedict nescrintion of leouest; We are requesting a variance to build a 28 x 35 unattached garage that fins outside the required sedMick. Hardship/descriDtionofunusualDfooertv conditions: Because Orono Orchard Road N runs at such an angle to our property and the existing home, it requires the building setback line to run at that same angle vdiich does not allow us to build the proposed garage anywhere except behind the house (see attached site plan). wI r •• I il B ! I ) ’ LEGEND i • • /• •• » • ^ .» MCNMDMMD ki * L*f«l D*0crl^tl««i IMt Mft •! tfi0 S0«t^v«tt 1/4 0f IM S0«tlM0tt 1/4 •! Nitlllp lit N0rlH fj, ¥«tl PrIfMiMl N0rl4l0M. 40icrl^«4 •• f0ll0v0. vitt «t IM $0«tlMi00t C0rii0r 0f t«l4 1/4 «f IM 1/4; IH00C0 Catt alMif in* SMlh llaa tliarMf • 4l0t«««« •# 13.3f ciMUat tIiMM* Marlli 4i.S 40fr««0 • tfItiMM «f 13.50 clioliit; I50IM0 Marlh 34.5 OaffMt ¥••! • •# 5.53 a^aUa f I5« ¥••! ll«0 •! Ml# 5M«liMtl 1/4 •! IM SottlMtil 1/4; I5mc0 5mI5 •laiif Ml# Mai IIm a #lalaaca af 13.3# aMlM la 15a #laaa af 5aflaalaf * DC9T TMI #a^l •I 15a Vaal 250 laal af 15a SaalUvMl 1/4 af IM Saal5Mal 1/4 af SmIIm 35. TaMa5t# lit Nar 15 Raafa 21, Mai af IM 15 PrlMlaal Marl#laa. Itlaf Narl5 af IM 5aal5 400.40 fMl l5afMf aa# Saal5arly af 15a aaalarllM af OraM Ort5ar# Om#. aa# CldPT IMI pa^l af IM Mai 00 faal af 15a Sa#l5 400 fMl af 15a OaalHaMl 1/4 af IM Saal5aMl 1/4 af SMilaa 35. Taaaa5l# HO. Oaafa tJ. Iplaa Mr 15 af IM 5aal5 374.0 faal l5arMf. MaarOlaf la IM U.i. l5arMf, Naaaaala Caaalir. NlaaaMla. A5alfMl. CITT OP 0 10 MO MIMMifOr ITT V I * /■; !• /. • *9 9 r f. ■' V. /• V* ■( •. .* ‘I ■■■ eLSs/ATw: * **^ Jl V *• »i • * •; •' • ^ •• • /; • I* / • •*• :f':•■) i Q ■3- 4o^o >v o. , y. '• •7 ■■ .•• .••' •••-]♦• .V'-. •J I . Mm Uo*4o ■I I / If^U^az. PLAN • • $■ ..I '.iv 1 -----MMii OfDf)o A g T/n» T,/rw 3S'g DS 530 53'C> E N c W •i«Au SEPTIC SYSTEM INVENTORY Address: 25 Orono Orchard Rd. N. PID: 35*118-23 33 Building Type; residence BRs Install’d for. 3 In Musa: No Permit#: 5017 Date of Permit: 11/21/77 System Type: standard trench Experimental: no Installer: Steve Schmit Appliances: Indty SYSTEM CONDITION Conformity: 3 Tank Condition: 5 DF condition; 11 Failure Pot: medium SEPTIC TANKS Material; precast concrete Setback to Bldg: 20 CapaciQr: 1000,1000 Cesspool: no DRAINFIELD Length of Lines: 340 # Lines: 4 Trench Width: 3 Treatment Area: 1050 Type of Filter; rock Soil Boring: yes Tile Size: 4 Under Tile: PercRate: 25 Setback DF-Bldg: 50 DF Ht above Wt: 0 Soil Type: sandy loam, sandy clay LimitaUons: water table WELL DATA Setbacks • Well-Tanks: Pump Type: 75 Well-DF: 100 Report in File Depth: Diameter: Method: INSPECTION RECORD DATE 11/23/77 imm 7/31/86 7/15/88 10/26/90 4/10/94 7/24/98 6/27/00 DESCRIPTION installation no surfacing no surfacing no surfacing no surfacing-pump tanks no surfacing-pump tanks non-compliant-rcpair by 12/31^008 non-compliant, repair by 12/31/2010 PUMPOUT RECORD COMPLIANCE DATE GALLONS 1 1 1 1 1 1 3 3 8/8/86 5/19/98 1500 2000 i • .0 Hennepin County Taxpayer Services Depar^ri|1 {Z:'Parcel Informaiton • Ir I^^arc*! 10 381182333 Houm NumlMr 28 Straat IkNiia ORONO ORCHARD RDIN Thl$t»nol»l»gafyncofd$dm*p.Hnpm$9nlM»eompMlonoHNbmtaton w-^r* r,U^ ^ \ >v i^^AsisS ^.J mm MTE ta/2t/t2 iATCN itr NmiEPXIi aNMTV wnytm mFOMATIfM SVSttH f»Off»TV ONNERS LIST 0MNn NANE TAmVtII NAHE/AOM U AE-llT-ES 22 Mil MfU AOMf SS UNASSIQIIEII STAU or NUii ONO OEAL ESTATE NQNT ATTM DmiE OlfETXIi sot LAFAYETTE 00 ST FAIIL m SSISS foor Aoot OMNEE NAM TAEFAYEi NAM/ASOO SO SS-110-2S SS tots •OIOS OOONO OOCNAOD tO N N J t C F NILLINS NATTNEO i CAMitNE NELLXNO Its ONONO ONOIAEO HO N LONE LAEE NN SSSSA eONEE NAM TAXFAYEE NAM/AOOi SO S5-U0-2S SS 0000 •ISAS OOONO OAES 00 JOHN A OALOEC JOHN OALOEC ISAS OOONO OAKS 00 LONE LAKE NN SSSSA FOOT AOOO ONMO NAM TAKFAVEO NAM/AQOO TOTAL OATCN SOT OfOOt ^ V w i • ‘■'X 0 » I ^ ft ^='0) so 02-I17-2S 22 0002 •Otis OOONO OOCNAOD Oil S r L SCMOEO too SCMOEO FETEO L 1 OEOl 0 SCMOEO IS OOONO OOCNAOD 00 S NAVZATA m 55S01 SO SS-1I0-2S SS OOtA •••2S OOONO OOCNAOD 00 N N 0 OEMDICT 0 0 A OEMOICT NICNAEL • OEOOOAN OENEOXCT 2S OOONO OOCNAOD OD N LONE LAKE NN SSSSA SO SS-110-2S SS OtOf •••20 OOONO OOCNAOD M N OLD OOCNAOD FAOH LLC OLD OOCNAOD FAEN LLC St OOONO OOCNAOD OD NAVZATA NN SSStl OEFOOT NO. FXASSAtl FADE 17 SO SA*1I0-2S AA ttts ttlSS OOONO OOCNAOD 00 N EONUND N F OVDELL ammo n f oydell US OOONO OOCNAOD ED N LONE LAKE NN SSSSA SO SS-llO-ZS SS ttts tttso AODOESS UNASSXOCD STATE OF mm DM OEU ESTATE NENT ATTN DE181E OUOTIN Stt LAFAYETTE OD ST PAUL NN SSISS 72 S5-II0-2S SS ttl2 •••72 AODOESS FENDZNE cm OF LONE LAKE cm OF LONE LAKE FO SOX L-ItAA FAOK AVE LONE LAKE NN SSSSA • •« * i Z CfItTZFV THAT TIC FACTS RCmSENTID AK AN ACCUIATE AND TNUI MFDtStNTATiaN OF INFORHATZON AS H APffARS TNIS DATE ON TNK RECONOS OF TNE NENNEFIN COUNTY DEFANTNENT OF rHOPERTV TAXAHON, TO TNE BEST OF NY KNONLEDCE AND BELIEF. DATE \ t », * ♦.s I r '[li.:..kj^ .•■ ■ 4.. 'k,^ ,i. » 4^ti-/ . f • - • • • • t V . > A 'r*»r • * • V Ifmi t„ t» ■ «.;v,» ^ • ^ -. 5...X • ‘fc» ; i\ >:-.-4^ lH v». .♦ - ^ jW-M ■' '• ..S ..• ’;4i»V ^’'* ^ /7V . i i i,,*' J u m ,v^. • i PLEASE DISREGARD LAST DOCUMENT ititn 11 PERMIT RECORD Peralt Mo.Date /• t3 3t,i>S s’vU b' >Tcy yO 1 > I Type of Pcrntt maug ifM l4og&,€. D/eruj- KiSS fii.au- se^fc / /CLir\K. ^cJc SEP 2 3 2002 REQUEST FOR COUNCIL ACTION CUYOFORONO Date: Sq)tember 17,2002 Item No.: | O Department Approval:Administrator Approval: Name: Michael P. Gaffton Title: Planning Director . Agenda Section: Zoning Item Description: Home Occupation Ordinance • Adoption ListofExhibito A - New Ordinance for Adoption B - Existing Home Occupation Ordinances The new ordinance in a nntshell: 1) Establishes a new/revised set of performance standards or regulations for Home Occupations. 2) Eliminates licensing for home occupations that meet the new performance standards and which are considered as having **no potential neighborhood impacts ”. These are defined as Level I Home Occupations. 3) Retains licensing for specified types of home occupations (defined as Level 2 Home Occupations) which: - meet the performance standards but which could have potential neighborhood impacts; or - don’t meet the performance standards but are not prohibited. 4) Establishes a list of prohibited home occupations. Background Orono’s “Home Occupation ” ordinances currently require that any and all activities that fit the definition of a “home occupation" are subject to an annual license. Each such activity is required to meet a set of operating criteria established in the ordinance. Council as early as 1 998 suggested that the current ordinance provisions should be reviewed and updated or revised as necessary. In 1998, then City Planner/Zoning Administrator Liz Van Zomeren worked with the Planning Commission to draft an amended Home Occupation ordinance. That draft ordinance would have completely eliminated licensing and would have permitted home occupations as an accessory use subject to enforcement of performance standards. That draft also included a list of “Prohibited” home occupations, which were deemed to be likely to have negative neighborhood impacts. The draft reflected good work by the Planning Commission, but got bogged down in discussions as to home occupations in accessory buildings. No action was taken. J 1 Home Occupation Ordinance September 17,2002 Page 2 Recent Council interest in revisiting the home occupation issue was generated in 2001 because staff had been recommending license approval for a small number of long-standing home occupations that had one or more employees, in violation of the current code but not causing any problems. Council suggested changing the code simply to allow home occupations to have one non-resident employee under certain conditions. As a result, in 2001 Planning Commission discussions on the topic of home occupation licensing recommenced, and PC has spent significant time over the past 12 months considering the merits of various methods of home occupation regulation as well as the standards that should be applied. The result is a fresh approach to regulating Home Occupations, with the basic p'-emi'.c that such activity should only require a license when it has potential impacts on a neighborhood. Summary of Recommended Ordinance The ordinance as unanimously recommended by the Planning Commission on September 16,2002 incorporates a 2-tier system whereby non-impact home occupations (Level 1) would not need a license; and potential-impact home occupations as well as non-compliant home occupations (Level 2) would be licensed. The recommend^ ordinance contains the following elements: Section I. The licensing provisions of exising Code Section 5.40 are revised rather than deleted, and now will reference the distinction between Level 1 Home Occupations which require no license, and Level 2 Home Occupations which do require a license. Also, Subd. 4 is added which requires a public hearing and public notification for any Home Occupation license request. The idea is that if a home occupation rises to the Level 2 category, it has potential impacts worthy of public discussion. Section 2. The definition of Home Occupation is shortened to no longer include performance standards which will now be in new SectionlO.63. The definition does, however, incorporate a reference to the distinction between Level 1 and Level 2 home occupations. Section 3. The 'home occupation* listing in the R- District list of ‘Accessory Uses’ is shortened, and merely requires that home occupations comply with 10.63 and (when applicable) 5.40. Section 4. This is the meat and potatoes of the ordinance. It creates Section 10.63, a new section which includes: Subd. 1 - A purpose statement and a detailed distinction as to the difference between Level 1 and Level 2 Home Occupations. A Home Occupation Ordinance September 17,2002 Page 3 Subd. 2 - A statement that Level 2 Home Occupations are required to be annually licensed. Subd. 3 • A long list of the regulations or ‘p^ormance standards’ with which all home occupations shall comply. Subd. 4 - A list of ’prohibit^’ home occupations, which would not be allowed with or without a license. Subd. 5 • Allows City to waive one or more requirements if necessary to accommodate a disabled person. Subd. 6 - Requires all existing home occupations to be brought into compliance within one year. Since home occupations have been regulated by licensing in the past, the one year limit means that any current licenses will be allowed to continue to expiration without having to comply (current licenses expire September 30, 2002). A home occupation that was not licensed in the past but should have been, would presumably have no legal status in which to claim this is an amortization. Sccthm S. Revises Section 10.61 regarding signage for home occupation uses. Section 6 . (Ordinance will become effective as soon as it is published in the official newsp^r). Brief Review of Selected Perfominnce Standards / Prohibitions Employees . Regarding the Council ’s concern about employed persons, the recommended ordinance allows for employees as follows: 1) No one other than the occupant(s) of the dwelling and one (1) employee or associate shall be on the property at any given time in relation to the home occupation. 2) No employee or associate or combination of same shall work on the premises for more than forty (40) hours in one week. 3) The home occupation may employ additional non-resident employees only if their work activities arc performed off the premises. Personal vehicles of employees working off the premises shall be parked within a building or shall be fully screened from the street and from adjoining properties. 4) Domestic employees shall not be considered employees of the home occupation. Note that home occupations with employed persons are considered as a Level 2 Hime Occupation and will require licensing. Home Occupation Ordinance September 17,2002 Page 4 Accessory Buildings. Home occupations will be allowed to be conducted in conforming accessory buildings only in the RR-1A and RR>1B Rural residential (5 acre and 2-acre) districts. ft *ft •.lited Home Occupations . The types of home occupations that are prohibited are those which would clearly have a negative impact on a neighborhood in terms of noise, odors, vibration, hazardous materials, fire hazards, excessive traffic, commercial vehicle traffic, or which could pose a threat to the general health, safety and welfare. The proposed prohibition of the “sale, lease or transfer of firearms or anununition by a firearms dealer, except when such dealer is Federally licensed”, is subject to review by the City Attorney, and we expect to have his recommendation on whether this prohibition is legally acceptable before Monday’s meeting. Staff Rcconmcadation Staff recommends adoption of the attached ordinance as recommended by the Planning Commission. Existing known home occupations that will be subject to the licensing requirement will be notified of the new ordinance requirements. COUNCIL ACTION REQUESTED Adopt the attached “Ordinance Adding Orono Municipal Code Section 10.63, and Amending Sections 5.40, 10.02,10.20 Subd. 4C and 10.61 Subd. 2 A Regarding Home Occupation Use and Licensing”. V I £ ORDINANCE NO.____SECOND SERIES AN ORDINANCE ADDING ORONO MUNICIPAL CODE SECTION 10.63 AND AMENDING SECTIONS 5.40,10.02, 10.20, SUBD. 4C AND 10.61 SUBD. 2A REGARDING HOME OCCUPATION USE AND LICENSING The City Council of Orono ordains as follows: Section 1. Orono Municipal Code Chapter S, Section 5.40 regarding licensing of Home Occupations is hereby revised as follows: “SEC. 5.40. HOME OCCUPATIONS Subd. 1. License Required. It is unlawful for any person to to engage .n, or carry on. a Level 2 Home Occupation, as that term is defined in the Zoning Chapter of the City Code, without first having obtained a license therefor from the City. Level 1 Home Occupations as defined in the Zoning Chapter are not required to be licensed as lone as all conditions set forth in the Zoning Chanter are fully met. Subd. 2. Regulation. Licenses will only be issued if the specific use is permitted or otherwise allowed by the 2U>ning Chapter, and if all conditions set forth in said Chapter are fully complied with. Subd. 3. License Penod. Ail licenses for Level 2 Home Occupations shall expire on September 30 of each year. Application for renewal of an existing Level 2 Home Occupation license shall be made to the City Clerk at least sixty (60) days prior to the expi. ation date.” Subd. 4. Public Notification and Hearing. The City Council shall hold a public hearing for all Home Occupations required to be licensed. The owTiers of all parcels within 350* of the property (or a larger area at the discretion of the City) shall be notified 10 davs prior to the public hearing. Section 2. Orono Municipal Zoning Code Chapter 10, Section 10.02, Definition 30: “Home Occupation” is hereby deleted and the follow ing new definition of “Home Occupation” is hereby substituted in its place: “30. Home Occupation - Any gainful occupation carried out by the occupant of a residential dwelling unit that occurs within the principal or accessory building on the property and does not change the primary residential use of the property. Level 1 and Level 2 Home Occupations shall be as defined in Section 10.63, Subd. 1.” Page 1 of7 4 Section 3. Orono Municipal Zoning Code Chapter 10, Section 10.20, Subdivision 4(C), 'Home Occupations ’* is hereby deleted and the following language substituted in its place: *‘C._ Home Occupations. Home occupations as defined in this Chapter. All home occupations shall comply with the provisions of Municipal Zoning Code Section 10.63, and the licensing provisions of Municipal Code Section 5.40 when applicable.” Section 4. Orono Municipal 2^ning Code Chapter 10 is hereby amended by adding Section 10.63, “Home Occupations" to read as follows: “SEC. 10.63. HOME OCCUPATIONS Subd. 1. Purpose . Home occupation regulations are established to ensure that home occupations will not adversely affect the character and livability of the surrounding residential neighborhood. The home occupation shall function as an accessory and subordinate use to the principal use of the dwelling unit. In order to protect the public health, safety and welfare within residential neighborhood, home occupations shall be divided into two regulatory levels: Level 1 Home Occupations : Home occupations that comply with all standards of Section 10.63, Subd. 3 and which have no potential neighborhood impacts. Level 1 Home Occupations may be operated without a license or permit. Level 2 Home Occupations : Home occupations that comply with all standards of Section 10.63, Subd. 3 but which could have potential neighborhood impacts; and home occupation that do not comply with all standards of Section 10.63 Subd. 3 and which are not ’prohibited home occupations ’ under Section 10.63. Level 2 Home (Deeupations are required to be licensed per the provisions of Section 5.40. Level 2 Home Occupations may include but are not strictly limited to: Those with employed persons other than occupants of the dwelling. Those carried out partially or wholly in an accessory structure where allowed, including storage of materials, equipment or commercial vehicles in an accessory building. Those involving the use or parking of a commercial or non-passenger vehicle, whether such use or parking is in a building or outside. d) e) Those which do not meet one or more of the speci fled performance standards. Those which generate excessive traffic per the standards of Section 10.63, Subd. 3(N). Page 2 of7 . ... In cases where it is unclear whether a Home Occupation should be classified as Level 1 or Level 2, the Zoning Administrator shall make such a determination subject to City Council confirmation if requested by the operator of the home occupation. Subd. 2. License Required for Level 2 Home Occupations . An annual license shall be obtained by any person operating a Level 2 Home Occupation as defined in the Zoning Chapter, per the provisions of Chapter 5.40 of the Orono Municipal Code. Subd. 3. Home Occupation Regulations. The regulations recognize that many types of home occupations can be conducted with minimal or no effect on the surrounding neighborhood. Home occupations shall be subject to the following standards: A. The home occupation shall be clearly incidental and secondary to the residential use of the premises, and shall result in no incompatibility with or disturbance to the surrounding area. B. Employed Persons. No one other than the occupant(s) of the dwelling and one (1) employee or associate shall be on the property at any given time in relation to the home occupation. No employee or associate or combination of same shall work on the premises for more than forty (40) hours in one week. The home occupation may employ additional non-resident employees only if their work activities are performed off the premises. Personal vehicles of employees working off the premises shall be parked within a building or shall be fully screened from the street and from adjoining properties. Domestic employees shall not be considered employees of the home occupation. C. Exterior alterations or modifications that change the residential character or appearance of the dwelling unit or accessory structure to that of a commercial nature shall be prohibited. D. Interior alterations or modifications that eliminate the kitchen, habitable areas for sleeping, and bathrooms, shall be prohibited. E. The home occupation shall be conducted within the enclosed area of the dwelling unit, with the exception of lessons or instruction for outdoor activities such as equestrian training and riding, tennis and other court sports, gardening and swimming. In the RR-1A and RR-1B, One Family Rural Residential Districts, home occupations or storage associated with the home occupation may be conducted within accessoiy' structures subject to the following conditions: I. No home occupation conducted w'holly or in part in an accessory structure shall produce noise, light and glare, odor, vibration or traffic that will in any way have a perceptible effect upon adjacent or nearby property. Page 3 of7 2. The home occupation shall conform with all other applicable zoning requirements. 3. The property must be conforming in area, and the accessory structure must be conforming in location. F. Outdoor Storage Prohibited. Outdoor storage or display of materials, goods, supplies or equipment related to the conduct of the home occupation shall be prohibited, except that licensed passenger vehicles used in the home occupation may be parked outside provided they are in compliance with ail other requirements of this section. G. Parking. All vehicle parking required for conduct of the home occupation shall be off-street. The off-street parking area required for the principal residential use shall be retained exclusively for the principal residential use and shall not be made unusable by the home occupation. Off-street parking areas providing more than two spaces for the home occupation shall be visually screened from adjacent residential lots. H. Commercial or Non-passenger Vehicles. Parking/storage of any commercial or non-passenger vehicles used in the home occupation shall be within a fully-enclosed building. Noise, odors or vibration from the operation of such vehicles shall not be discernible at the property line. I. No equipment, machinery, or materials other than of a type normally found in or compatible with a dwelling unit shall be allowed. J. No retail sales and delivery of products or merchandise to the public shall occur on the premises except when accessory to the services provided. K. No home occupation activity of a non residential character shall be discernible from any private or public street. There shall be no exterior signage or display, or interior signs or display which are visible from outside the dwelling, except that a single nameplate sign of not more than two square feet in area per surface nor more than two surfaces, may be placed on the property. Such sign if displayed shall include only the name of property owner and the site address, and shall not identify the type of business. L. The hours of operation that a home occupation may be accessible to the public shall be limited to the hours between 8:00 a m. and 7:00 p.m. M. The home occupation shall not generate excessive traffic that is detrimental to the residential character of the surrounding properties or the neighborhood. For the purposes of this provision, more than flve (5) customers or clients per day, or more than two (2) customers at any given time, may be determined Page 4 of 7 to be an excessive and detrimental level of traffic. The number shall apply to each dwelling unit, regardless of the number of home occupations conducted in the dwelling unit. The criteria used by the Zoning Administrator to determine impact shall include, but not be limited to: 1. Thecharacteristicsoftheneighborhood, including current land use, lot sizes, lot widths, parking availability, and screening. 2. 3. Type of street, width, and traffic volumes. The availability and location of off-street parking. N. Shipment and delivery of products, merchandise, or supplies shall be limited to the hours of 8:00 a.m. to 7:00 p.m. and shall regularly occur only in single rear axle straight trucks or smaller vehicles typically used to serve residential areas. O. No sound or noise created by the operation of the home occupation shall be audible at the property lines except between the hours of 8:00 a.m. and 7:00 p.m. Home occupations shall otherwise comply with all noise provisions of the Zoning Chapter. P. Any activity or event organized for the purpose ofdisplaying or selling merchandise shall not be held more than six (6) times per year. This section shall not be construed as requiring a license or permit for occasional 'garage sales' or ‘tag sales ’. Subd. 4. Prohibited Home Occupations . The following uses, by their nature of operation, have a pronounced tendency to increase beyond the limits permitted for home occupations. These uses have objectionable operational characteristics that adversely impact residential neighborhoods and shall be prohibited as home occupations: A. Service, repair, or painting of any motorized vehicle, including but not limited t. motor vehicles, trailers, boats, personal watercraft, recreational vehicles, and snowmobiles. B. Hair styling establishments that serve more than one (1) person at a time. C. Adult uses, as defined in the Zoning Code. D. Dispatch centers where persons come to a site and are dispatched to other locations. ii'iiiiirAiirifflii ■ihTinaltm J F. Rental businesses. G. Contracting, excavating, welding or machine shops. Commercial kennels and veterinary clinics. I.Churches and religious institutions. J.Tow truck services. K. Ceramic studios with kilns of volume six (6) cubic feet or more. L. The sale, lease, trade or other transfer of firearms or ammunition by a Firearms dealer, except when such dealer is Federally licensed to conduct such activity. M. Sale or use of hazardous materials in excess of consumer quantities which are packaged for consumption by individual households for personal care or household use. Subd. S. Reasonable Accommodation for Disabled Persons. Persons with physical or other legally recognized disabilities may request reasonable accommodation by requesting a waiver of one or more of the foregoing requirements. The Zoning Administrator may only grant waivers on the basis of the applicant’s physical limitations to function within said requirements. Subd. 6. Conformance Required. All existing home occupations shall be brought into conformity with this ordinance within one year of its adoption.” Section 5. Orono Municipal Code Chapter 10, Section 10.61 Subd. 2(A) is hereby amended by adding Section 10.61, Subd. 2(AX4) to read as follows: "4. Home Occupations. One nameplate sign containing name and address but not to contain business name or type of business, and such sign shall not exceed two (2) square feet in area per surface, nor contain more than two surfaces.” Section 6. Adoption and Publication. This ordinance shall be published in The Pioneer and The Laker newspapers and shall become effective immediately upon publication. Page 6 of? m I ~~~ ■ —-------, 1 Adopted by the City Council ofOrono, Minnesota on this__day of of ayes and nays. ^20C2byavote ATTEST: Linda S. Vee, City Clerk Barbara Peterson, Mayor Page 7 of7 L § 5.40 S'/ SEC. 5.40. HOME OCCUPATIONS Subd. 1. License Required. It is unlawful for any person to engage in, or cany on, a home occupation as that term is defined in the Zoning Chapter of the City Code, without first having obtained a'license therefor from the City. Subd. 2. Regulation. Licenses will only be issued if the specific use is permitted or . otherwise allowed by the Zoning Chapter, and if all conditions set forth in said Chapter are fully I complied with. Source: City Code Effective Date: 4*1-84 Subd. 3. License Period. All licenses for home occupations shall expire on September 30 of each year. Application for renewal of an existing home occupation license shall be made to the City Clerk at least sixty (60) days prior to the expiration date. Source: Ordinance No. 140, S^ond Series Effective Date: August 28,1995 SEC. 5.41. MACE \Subd. 1. License Required. It is unlawful for any person to sell or distribute, at wholesale or retail, the substance commonly referred to as mace, without first having obtained a license therefor fix>m the City. Subd. 2. Limitations./ / A. Only persons who are^ply authorized and licensed Federal firearms dealers shall be licensed./ / B. This section shall not apply^oHicial sales to, or purchases fi’om, the City Police Department. / SEC. 5.42 JOINT USE OF LAKE FACILITIES Subd. 1. Definitions. For the purpose of this Sectioi^the following terms have the meanings given them: /' A. “Boat Slip, Water” means a structure, space, dock or other thing designed for the docking, mooring or storing of a boat temporarily or permanently in or on \^er, including mooring posts, buoys or other devices. B. J|Boat Slip, Land” means a structure, space or other thing dragned or used for storing a boat tediporarily or permanently on land adjacent to a lake, whether it is located on or off the licensed property. ORONO CC 126 (4-I-84) S-z § 10.02 28. "Guest House" • An accessofy separate dwelling constructed on an existing undivided Jot for the sole use of the occupants, including their domestic employees or their non-paying guests, of the primary dwelling. All regular lot requirements shall be met by the guest house. Source: Municipal Code . Effective Date: 9-14-67 29. "Hard Cover" - Any structure, blacktop or other material which interferes to any degree with the direct absorption of rainfall into the ground. r ^ Source: Ordinance No. 172 Effective Date: 1-1-75 ----f 30. "Home Occupation" - Any gainful occupation meeting all of the following requirements when engaged in only by persons residing in their dwelling, when that occupation is conducted within the principal structure only, when evidence of the occupation is not visible from the street. No signs other than those permitted in "R" Districts are present, no excessive stock in trade is stored on the premises, over the counter retail sales are not involved, and entrance to the home occupation is gained from within the structure. A professional person may use his residence for consultation, emergency treatment or performance of religious rites but not for the general practice of his profession vdien such general practice will involve the need for more than three off- street parking spaces for the occupant and visitoi s. 31. "Hotel" - A building containing eight or more guest rooms in which lodging is provided with or without meals for compensation and which is open to transient or permanent guests or both, and where no provision is made for cooking in any guest room, and in which ingress and egress to and fix>m all rooms is made through an inside lobby or office supervised by a person in charge. 32. "Junk Yard" - An area where use, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including but not limited to scrap iron and other metals, paper, rags, rubber products, bottles and lumber. Storage of such material in conjunction with a permitted manufacturing process when within an enclosed area or building shall not be included. Source: Municipal Code Effective Date: 9-14-67 ORONO CC 246 (4-1-84) B'3 acce § 10.20 Subd. 4. Accessory Uses. Within any "R~l A" One Family Residential District, no structure or use of land shall be permitt^except for one or more of the following uses: A. Garages. Private garages and parking space. B. Pools, etc. Private swimming pool, tennis courts, and paddocks.r C. Home Occi^Mitions. Any gainluTocci^afion meeting all of the following requirements when engaged in only by persons residing in their dwelling, when there is no employed assistant, when that occupation is conducted within the principal structure only, when evidence of I the occupation is not visible from the street, no signs other than those permitted in "R” Districts are I present, no excessive stock in trade is stored on the premises, over die counter retail sales are not involved, the entrance to the home occupation is gained from within the structure, and the use does not adversely affect the character of the uses permitted in the district in which it is located. A professional person may use his residence for consultation, emergency treatment or performance of religious rites but not for general practice of his profession when such general practice will involve the need for more than three off>street parking spaces for the occupant and visitors. D. Signs. Signs as regulated in the Zoning Chapter. E. Temporary Structures. Buildings temporarily located for purposes of constructing on the premises for a period not to exceed time necessary for such constructing. F. Gardens, etc. Gardening and other horticultural uses including aviaries and decorative landscape features. G. Roadside Stands. One roadside stand offering for sale only farm products produced on the premises provided that such stand does not exceed 200 square feet in area and that it is located at least thirty feet back from the public right-of-way. Source: Ordinance No. 172 Effective Date: 1-1-75 H. Communication Reception/Transmission Devices. 1. Accessory Anteniutt. Accessory antennas shall be limited to radio and television receiving antennas, satellite dishes, TVRO's, and amateur short-wave radio transmitting and receiving anteiuias. Accessory antemias that are accessory to the principal use of the property are permitted accessory uses in all zoning districts provided they meet the following conditions: ORONO CC 281 (4-1-84) § 10.61 permitted: ^ Subd. 2. Signs in ”R” Districts. Within "R" Districts, the following signs A. Nameplates. 1 . One nameplate sign for each dwelling and such sign shall not exceed two square feet in area per surface, and no sign shall be so constructed as to have more than two surfaces. 2. One nameplate sign for each dwelling group of six or more units, and such sign shall not exceed six square feet in area per surface and no sign shall be so constructed as to have more than two surfaces. 3. One nameplate sign for each peimitted use or use by conditional permit other than residential and such sign shall not exceed twelve square feet in area per surface. B. Illumination. Symbols, statues, sculptures and integrated architectural features on non-residential buildings may be illuminated by flood lights provided the direct source of light is not visible from the public ri^t-of-way or adjacent residential district. u C. Setbacks, Etc. Any sign over one-half square foot shall be set back at least five feet from any property line. No sign shall exceed eight feet in height above the average grade level. Signs may be illuminated but such lighting shall be diffused or indirect. Subd. 3. Signs in "B" and T Districts. Within the and "I" Districts nameplate signs and business signs are permitted subject to the following regulations: Source: Municipal Code Effective Date: 9-14-67 A. "B-l”, "B-2" and "B-4": Size. Within the "B-r, "B-2" and "B-4" Districts, the aggregate square footage of sign space per lot shall not exceed the sum of one square foot for each front foot of building, plus one square foot for each front foot of lot not occupied by a building. No individual sign shall exceed fifty square feet. Source: Ordinance No. 172 Effective Date: 1-1-75 B. "B-3": Size. Within the "B-3" District, the aggregate square footage of sign space per lot shall not exceed the sum of four square feet per front foot of building, plus one square foot per front foot of property not occupied by a building. No individual sign surface shall exceed 100 square feet. C. T: Size. Within any "1" District, the aggregate square footage of sign space per lot shall not exceed the sum of four square feet per front foot of building, plus one square ORONO CC 381 43-1-84) J SEP 2 3 2002 REQUEST FOR COUNCIL ACTION C» i y umoww DATE: September 23,2002 ITEM NO; / / Department Approval: Name Gregoiy A. Gappa Title Director of Public Services Administrator Reviewed: 7/ Agenda Section: Public Service Director ’s Report Item Description: Schedule Assessment Hearing for North Arm Lane Paving Project The deadline for contractor submission of quotations for this is project is scheduled for Monday, September 23"*. Information on the quotations received will be provided at the Council meeting Acceptance of the quotation for this project will not occur until after the assessment hearing. The costs provided in this memo are estimates based on the feasibility study. Proposed assessment costs, based on the quotations received, will be provided for the meeting At the Public Hearing for this project, the neighborhood residents asked if the City would consider a financial contribution for this project and Council directed staff to research this issue and present possible funding options for this project at the assessment hearing. We have studied the possibility of a City financial contribution for this project and our staff recommendation is that a City contribution for some of the project costs may be warranted for several reasons. The first reason is that having this road paved will reduce the City's maintenance costs for grading and crushed rock replacement on this road. This is the only gravel road in this area of the City, so it is inefficient to mobilize the road grader to maintain this one road. A paved road would require less maintenance and will also reduce the amount of sediment in the storm water runoff from this road. Another reason for City financial participation in this project is that the City currently pays for pavement overlays on other public streets with no assessments to the neighborhood residents. These pavement overlays also include costs for repair of poor areas in the pavement and shouldering of the road after the overlay is completed. The equivalent cost of a pavement overlay is $9,000 which is about 30% of the project cost. The estimated project assessment based on the feasibility study cost estimate, and a City contribution of $9,000 is $3,300 per property for seven properties. The proposed interest rate is 6.25% which is the same rate that has been used on sanitary sewer projects. The neighborhood residents have requested a ten year time period for this assessment. However, options for earlier payment of the assessment are available with reduced interest costs. We are recommending Council approval of the attached resolutions declaring the costs to be assessed and scheduling an assessment hearing for 7:00 p.m. at the October 14"* Council meeting Page 1 of 2 I k ll. I- •.•’’JlM COUNCIL ACTION REQUESTED Motion to approve resolution <feclaring cost to be assessed and ordering preiMration of proposed assessment for the North Arm Lane Paving Project. Motion to approve resolution for hearing on piopoced assessment for the North Arm Lane Paving Project Page 2 of 2 f l-r; r ■Jl A RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR NORTH ARM LANE PAVING WHEREAS, costs have been determined for the improvement of North Arm Lane paving and the estimated contract price for such improvement is $-------and the expenses incurred or to be incurred in the making of such improvement amount to $-------so that the total estimated cost of the improvement will be $-------- NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF ORONO, MINNESOTA: 1. 2. The total cost to be assessed against benefltted property owners is declared to be $• Assessments shall be payable in equal annual installments extending over a period of 10 years, the first of Ae installments to be payable on or before the first Monday in January 2003, and shall bear interest at Ae rate of 6.25 per cent per annum firom the date of Ae adoption of Ae assessment resolution. 3.The City Clerk, wiA Ae assistance of Ae City Engineer shall foiAwiA calculate Ae proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land wiAin Ae district affected, wiAout regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in Ae clerk's office for public inspection. 4.The Cleric shall upon completion of such proposed assessment, notify Ae Council Aereof. Adopted by Ae City Council of Ae City of Orono, Minnesota at a regular meeting held September 23,2002 ATTEST: Barbara A. Peterson, Mayor Linda S. Vee, City Clerk - - ASSESSED AND > ASSESSMENT VING nprovement of North Arm Lane paving — and the expenses incurred or to be ■ so that the total estimated cost of the • • fHE CITY COUNCIL OF ORONO, )crty owners is declared to be $----- installments extending over a period ayable on or before the first Monday ; of 6.25 per cent per annum from the Engineer shall forthwith calculate the ptovement against every assessable lot, I, without regard to cash valuation, as 9sed assessment in the clerk’s office for osed assessment, notify the Council ata at a regular meeting held September A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT NORTH ARM LANE PAVING WHEREAS, by a resolution passed by the City Council on September 23,2002 the City Clerk was directed to prepare a proposed assessment of the cost of the North Arm Lane paving, and WHEREAS, the Clerk has notified the Council that such proposed assessment has been completed and filed in the Clerk's office for public inspection. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF ORONO, MINNESOTA: 1. A hearing shall be held on the 14th day of October 2002 in the Orono Council Chambers, 2780 Kelley Parkway, at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property afrected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. The clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 3. The owner of any property so assessed may, at any time prior to certification of the assessmt to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City, except that no interest may be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at anytime thereafter, pay to the City the entire amount of the assessment remaining unpaid, with the interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the City Council of Orono, Minnesota at a regular meeting held September 23,2002. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Linda S. Vee, City Clerk Assessmeat Roll for North Arm Lane Project Date: September 23,2M2 MaiildpaUty: ORONO Levy Nuinben Total Project Assetsmeat: Municipal Code: 3t Project Number: 2002-1 Levy Description: North Arm Lane Pavinc Project Interest Rate: 6.25% Number of Years Payable: 10 PIDP Addithn Code Total Principal Lot Block Name Street Property Address Mailing Street Addms Mailing CHy Address Uiitl 06-117-23 24 0001 $0.00 Pass Exchange LLC 215 North Arm Lane 2536 18th Ave.S 1 Minneapolis, MN 55404 06-117-23 24 0008 42750 $0.00 2 1 Htrriet Smith 370 North Arm Lane 370 North Arm Lane 1 Mound, MN 55364 06-117-23 24 0011 42757 $0.00 1 1 Mark & M. Larson 366 North Arm Lane 366 North Ann Lane 1 Mound. MN 55364 06-117-23 24 0012 42757 N $0.00 2 1 Ross Hawkins Jr.360 North Arm Lane S4SS E. Virginia Ave. Phoenix, AZ 85008 1 06-117-23 24 0013 05050 $0.00 1 1 James Neilson 340 North Arm Lane 340 North Arm Lane I Mound, MN 55364 06-117-23 24 0014 05050 $0.00 2 1 Jon Pendleton 350 North Arm Lane 350 North Arm Lane I Mound. MN 55364 06-117-23 24 00IS 06887 $0.00 1 1 David & Carla Sipprell 345 North Arm Lane 345 North Arm Lane 1 Mound. MN S5364 $0.00 Page I of I REQUEST FOR COUNCIL ACTION »*^cT\NG SEP 2 3 2002 CUYUh OflONO DATE: September 23,2002 ITEM NO: j ^ Department Approval: Name Gregory A. Gappa Administrator Reviewed: Title Director of Public Services /-I Agenda Section: Public Service Director's Report Item Description: Hackbeny Park Playground Equipment Project Hackberry Park Project The bid opening for the Hackberry Park playground equipment project was held on September 1 S'**. Five bids were received for this project. The lowest responsible base bid was received from Odesa Construction of Gilman Minnesota in the amount of $ 102,146.01 . This project will have the same playground equipment that was installed in Navarre Park, except the color will be green and tan versus blue, lliis color scheme was selected by the neighborhood residents. The majority of the project costs are for the playground equipment. The bid price for the purchase and installation of the playground equipment was $60,304. Two alternates were bid in an effort to find possible cost savings on this project. Alternate 1 was to change the playground access path from concrete to bituminous. It would cost an extra $2,053.74 to change from concrete to bituminous. It does not make any sense to pay more for bituminous than concrete. Alternate 2 was for the Cit>’ to complete the removal of the existing playground equipment. This will only provide a cost savings of $484.80. Our recommendation is that the base bid be selected. This project was discussed at a joint Council ? id Park Commission work session. At that time 1 provided a preliminary cost estimate of $75,000 for this project. This number was based on the observation that this project required less site grading and a shorter access path than the Navarre Park project. In reality, the majority of the project costs are in the playground equipment, drainage system, and surfacing for disabled accessibility, with the site grading and access path construction being only a minor part of the costs. Our understanding is that at the work session the Council agreed that a $75,000 loan could be provided from Community Investment Fund to the Park Fund to finance this project. This loan would then be repaid with interest from future Park Dedication Funds. I have included a page from the year 2001 annual financial report that provides information on the status of the Park and Community Investment Funds as of December 31,2001. There has not been substantial activity in either of these funds in 2002, so the fund balance sheet information is still reasonably accurate. The Community Investment Fund balance should actually be higher because approximately $400,000 in cost savings from the new Long Lake Fire Department Station was recently deposited into this Page 1 of 2 r i *; f ^ • fund. The Park Dedication Fund has approximately S40.000 of funds available at this time to use for this project This would require a loan of $65,000 from the Community Investment Fund to finance construction of the Hackbeny Paric Improvements Our staff recommendation is that the Council award the contract for the Hackbeny Park Improvements. This will allow for work to begin on the project this frdl. However, the extent of constniction that will be completed this frdl is uncertain. The staff recommendation is that the Council approve a loan in the amount of $65,000 from the Community Investment Fund to the Park Dedication Fund at an annual interest rate of 5% for the completion of the Hackberry Park Im|»ovements Project COUNCIL ACTION REQUESTED Award contiact for the Hackberry Paric Improvements Project to Odesa Construction, Gilman Minnesota in the base-bid amount of$I02,I46.01 with approval ofa budget adjustment for the Park Dedication fund to reflect this expenditure. Approve a loan in the amount of $65,000 from the Community Investment Fund to the Park Dedication Fund at an annual interest rate of 5% for the Hackbeny Park Improvements project. The loan is to be repaid as soon as possible as Paric Dedication fees become available. Fige2of 2 CITY or OfU3NQ. MMCSOTA rmhrnk^t^mnm jUffnnitgiuaooi ’k si.aooQ) «m IwpiOIMlWt t4 andEqdpacBt ritoiy Aflbfdrtli Tottb fmk CtobdOotfcv 2001 2000 CaA «M iMptfify MvcfttMoli RtMivaMn % 9tUdO S 303.M1 t 1J2SOL102 t 2<149 i 90400 • 1.691.692 S 2466490 OilhitMittMi 127 150 -•-977 97 OMlttiMrfliiii mm -64.660 -•ftjffp - AtfvaMM It tte IMi --435460 --435JI0 411460 Dm Nn tiMT §a«MMii 7ioa 761 —•—75.609 64 Total ancii t 165.465 t 305.562 S 1.750.122 1 24.149 • 30400 t 2475.491 6 2.760451 i!111 # LiabiUte Aoaowiapayt^S 5^S 16.732 t -S f S 22455 1 15403 DMiooiioriyiai 33.000 --•50.000 13.000 - A4VM0M flooi eHiir Ibidi •7.000 -•7.000 mm DtteiodiMDM 127 150 -—•n 97 Total liaWUUM 125.650 17412 --50.000 193432 15.400 FUBdbitanoo(diildi) RocrvodlbridvtAaa lootfMrAoidi Uoftiorvod --435460 ; 1 1 *“ 1 -*435460 411.610 Daiipiioi Ibr %11 3^049 Daiiinaiidlbr capital ooriay *--24,149 •24.149 39.HS 2I7.9S0 1 1 14K762 ..1.642457 2421.122 Uiiin%Baiod -•-—(19.100)(19.000)- Total Ibod bilaiicf (deficit)39.115 217.910 1 1.750.122 MI49 (19.100)2.0IUM 2.764.651 Total UabiUikt i 1 1 1279.4H 6 2.710451and Aoitf balance t 165.465 S 305.562 s I.75ai22 S 24.149 S 30400 i ' _ ?> ■ ......rtauMtirt iiiiiiiiaAiiriiJ^ J/1 Bonestroo Rosene Anderlik & ^ I Associates Engineers & Architects September 13» 2002 4indV*^r* Andtrim and Aifoctauf. |nc li an Afrirmativc Actioryf^ Oppdrtimity tinployar Frlrulpafi: Olto O. eonttcroo. Pi. • Marvtn L Sofvala. Pi • derm f. Cook. RE • toOert G ScnurticM W • Jerry A. tourdon. PI. Senior Consufiantt: Robert W. Roiene. PI. • Joseph C Anderlik. PE • Richard E Ibmer. PE • iutm M. Iberiin. C P>^. Associate Principals: Keith A, Cordon. PI . Robert E Pfefferie. PI • Richard W Potter. PE • David O. Lotkota PI . Mark A. Hanson. PE • Michael T. Rautmann. PE • Ibd E field. PE • Ktrvieth P Anderson. PE • Mark E Rolfs PI *• David A Ronestroo. M B A.. Sidney P WllWamson. PE, LS • Agnes M. Ring. MJA. • Attan Rick Schmidt PE •’ Thomas W Peterson. PI.. James E Maland. PE • Miles B Jensen. PE • L Phillip Gravel IM. PE • Damel'j. f dgerton pr . Ismael Martinet. PE • Thomas A Syfko. PI • Sheldon J. Johnson • Dale A Grove. PE • Thomas A Roothar PE • Robert J. Oevery. PI. Offices: Sr. Paul. St Cloud. Rochester artd Wiiimar. MN • Milwaukee. W1 • Chicago. E UObsIte: WWW bonestroo com Honorable Mayor and City Council City ofOrono 2750 Kelly Parkway POB0X66 Orono, MN 55323-0066 Re: Hackberry Park Improvements Project Bonestroo File No. 139-02-118 Recommendation of Contract Award Honorable Mayor and City Council: Bids were opened for the project stated above on Thursday, September 12, 2002, at 2:00 PM. Transmitted herewith are ten (10) copies of the bid tabulation for your information and file. Cities will also be distributed to each bidder. There were a total of 5 bids. The following summarizes the results of the low 5 bids received: Contractor Low ODESA Construction $102,146.01 + $2,053.74 ]-$ 484.80 #2 #3 Koolmo Construction Inc. VP Enterprises of MN Inc. $103,147.25 $108,637.75 + $1,087.50 ' - $2,065.00 -$1,000.00 •S 1,000.00 #4 Nadeau Utility $109,598.28 + $ 538.24 -$1,500.00 #5 American Lil^rty Constr.$124,399.09 -$ 296.70 -51,150.00 The low bidder on the project was ODESA Construction, Inc. with a Base Bid of S102,146.01. This compares to the Engineer’s Estimate of $99,145.75. These bids have been reviewed and found to be in order. If the City Council wishes to award the project to the low bidder, then ODESA Construction should be awarded the project on the Base Bid Amount of $102,146.01. Should you have any questions, please feel fiee to contact me at (651) 604-4861 . Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES. INC. Stuart M. Knhn, R.L.A. Enclosures KRASTU:cmi 2335 West Highway 36 • St. Paul, MN 55113 • 651-636-4600 • Fan: 65h636-l3lt J/yBonettroo SAndertkft |\|| Assodalci Cnik««n(Milwii Pwiidct Www: Hadrtxwiy Path lwpfBW>wwnt« ProNctWo.; ________________FldNo„' 1390M18 t htnby e» -*Jfy Oih la an ma • Bid OpiftfMrThurtdiy.SiCitifTtw 12,2002112:00 pm. e,dOmm: MKnhn, RLA R§glitmtlonNa 41 BldTabiitatIdfi BiddtrNo.1 ODES A Cootirueiion tttm Mum Itui Bast Bid SMi f«no«. rtgulftr BlddtrNo.2 KoolffM Conitructlon Inc. Bidder No.3 VP EfitcrprlsM of MInnttoti Inc. Bidder No.4 Nedeeu Utility Bidder lto.S Cofieiriictlon UnH Oty Unit Price ToUl Unit Price Total Unit Price Total UnItPrtee Total Unit Price Total LF EA LS 190 1 1 $1.93 $160.00 $0,012.00 $380.70 $160.00 $8,012.00 $5.00 $250.00 $6,000.00 $950.00 $250.00 $6,000.00 $1.25 $100.00 $2,500.00 $237.5C $100.00 $2,500.00 $2.05 $350.00 $5,300.00 $541.50 $350.00 $5,300.a $4.00 $14.7544K) $8744)0 $230.00 $14,754.50 LS 1 $404.60 $404.80 $1,000.00 $1,000.00 $2,200.00 $2,200.00 $1,765.00 $1.7654)0 $1,150.00 $1,150.00 LF 250 $4.67 $1,217.50 $12.00 $3,000.00 $7.75 $1,937.50 $10.65 $2,062.50 $2.30 $575.00 LF 84.5 $7.87 $865.02 $12.00 $1,014.00 $8.00 $676.00 $10.65 $899.93 $3.45 $29143 EA 1 $239.20 $239.20 $250.00 $250.00 $700.00 $700.00 $650.00 $650.00 $5754)0 $575.00 LF 368 $15.60 $5,836.48 $24.00 $0,032.00 $16.00 $5,888.00 $26.85 $9,880.00 $27.14 $9.98742 SY 741 $7.80 $5,824.26 $6.50 $4,816.50 $6.00 $4,446.00 $7.65 $5,600.65 $4.00 $3,408.00 SY 429 $17.51 $7,511.79 $17.75 $7,614.75 $21.00 $9,009.00 $16.95 $7,271.55 $19.26 $8,262.54 CY 23 $5.90 $135.70 $20.00 $400.00 f10.00 $230.00 $32.20 $740.00 $17.25 $398.75 CY 30 $24.90 $748.80 $15.00 $450.00 $40.00 $1,200.00 $34.55 $1,036.50 $57.50 $1,726.00 SY EA 525 9 $2.05 $89.90 $1,076.25 $809.10 $1.00 $75.00 $525.00 $675.00 $2.75 $100.00 $1,443.75 $900.00 $1.95 $70.00 $1,023.75 $630.00 $3.45 $106.10 $141145 $072.90 CY LS 215 1 $28.32 $00,304.01 $0,088.00 $00,304.61 $24.00 $58,000.00 $5,160.00 $50,000.00 $38.00 $63,000.00 $8,170.00 $03,000.00 $26.50 $60,748.00 $5,697.50 $60,746.00 $404)0 $644)324)0 $949040 $644)324)0 LS SY 1 300 $2,977.00 $3.00 $2,977.00 $800.00 $2.500J)0 $3.00 $2,500.00 $900.00 $3,000.00 $5.00 $3,000.00 $1,500.00 $2,782.00 $3.75 $2,7824)0 $1.1254)0 $2417J0 $6.90 $241740 $2,07040 AC 0.2S $3,072.00 $788.00 $102,148.01 $3,000.00 $750.00 $103,147.25 $64)00.00 $1,500.00 $100,837.75 $3^.00 $825.00 $109,596.28 $2,3004)0 $97840 $12449949 SF • 741 •$5.80 •$4,342.26 •$6.50 •$4,810.50 •$5.00 •$3,705.00 •$5.36 •$3,971.78 •$440 -$3.40040 SY $78.00 $0,396.00 $2,053.74 $72.00 $5,904.00 $1,087.50 $20.00 $1,040.00 •$2,005.00 $55.00 $4,510.00 $536.24 $37 J6 1 $3,111.90 •$296.70 LS 1 •$484.80 •$484.00 •1404.80 •S1.000.00 •$1,000.00 •$1A».00 ■ •• 1 •$14)004)0 •$14)004)0 •$14)00.00 -$1,500.00 •$1,S00A) 41400LOO •$1,1504)0 •$1,15040 •$1.18040 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 Protection of celch betin In street sue gredintyiinel sheping Remove eidstino swings end slide 4* HOPE dreintle wNh lebric sock r HOPE dreintle wHh febric socle Connect drain lie to stnjcture Concrete play area curblno (8*i18*) 5* concrete pavement Synthetic resllent surfacing Recycle drainage aggregate (CV) Drainage agtyegate (CV) Oeoteitle FWer Recycled rubber ties (3^ Engineered wood 8ber mulch (LV) Play structures (complete) Swlrtgs (oomplele) Sodding, lewn type Seeding (shady mbi) Total Base Bid: Deduct Altemolo No. 1: BHumlnous wallneays end pods In place of concrete 20 Oelele 5* concrete pavement 21 Bllumlnoitt Tral Total Deduct AHemeie No. 1: Bituminous woBweys and pads In plaoe of concrete: Deduct ANemate No. 2: Removal of eilsting ewinge and sHdo by Owner 22 Removal of edsilngtvlngs and slide by Total Deduct Allemele No. 2: Removal of jl >/ BldTabuMon BMdwNo.1 OOCSA Cofit<nietlon !tom Num BMdwNo.2 Koolmo Construction kte. UnN Otv Contactor Nmm and Addran: UnW Plica ToW OO^SAConatrudlan 10300 GoMan 8pka Road, POBea20S Oaman.MN 58333 Faa SIgnadBy: TMIa; BUSaouMy: Addanda AckiMNdadgad: (320)387-2400 (320)387-2072 Data Hannan CEO Bid Bond Ona BMdarNa.3 VP Cniafpriaaa of Mlnnaaola Inc. BMdarNo.4 Nadaau Utflity UnUPitoa ToW Keoimo Conotnidion me. 1334 1480tLanaNW Andovar.AM 55304 (783)434-3773 (783) 434-8773 David Kooime V.P. Bid Bond Ona UnMPflea Total VP Enlafprisaa of Minnaaota me. 375 Famdala Road N Wayaala, MN 55391 052-473-3478 0624044M80 BanVandapuBo Bid Bond Ona UnItPrIeo Total Nadaau UtiWy )006 County Read 81 HaanTwp,MN 55311 (783)4280010 (783)428-3012 Danny Nadaau Praaldani Bid Bond Ona BMdarNa.8 Amarl ca n Uba rty Can al nictlen UnBPftea Total RoddortlMN 55373 (783) 477-0000 (17B3)477-000( PiaaMam BUBond Ona SEP 2 3 2002 REQUEST FOR COUNCIL ACTION y DATE: ScpteoBibcr 20,2002 ITEM NO: Department Approval: Name RoaMoorac Titk City Adnlabtrator Administrator Reviewed: 4^1' Agenda Section: City AdniBbtrator*s Report Item Description: Long Lake Fire^tion Phone System, Voice and Data Wiring, AndioA^isnal and Paging System The City Council has previously accepted a proposal from Diversified Security Inc. for the purchase of the phone system, voice and data wiring, audio/visual and paging system'for the Long Lake fire station. The total amount of the proposal was $15,935, plus tax. Diversified Security has withdrawn its proposal. As a result. Fire Department representatives have been working with Connectivity Solutions to refine its proposal for the new station. Connectivity Solutions is the same company that is providing the phone system, voice and cabling, and council chamber audio/visual system in the new Long Lake City Hall. Attached is a copy of the proposal, triiich is summarized as follows: Item Voice and Data Wiring AudioA^isual and Paging Equipment Phone System Total Budget $20,000 $10,000 $15,000 $45,000 Proposal $4,552 $7,060 $9,991 $21,603 Difference $15,448 $2,940 $5,009 $23397 Staff recommends approval of the proposal from Connectivity Solutions in the amount of $21,603.34, plus up to $1,404.22 sales tax. COUNCIL ACTION REQUESTED Motion to accept the proposal from Connectivity Solutions in the amount of $21,603.34, plus $1,404.22 tax for the phone system, voice and data wiring, audio/visual system and pa ging system, for the new Fire Station. Long lake Fire Stntioii CONFieURATION The following r^resents an overview of Connectivity'f i Syrtem will be equq>pad at foUowa: aedbtar-Telsolii The nii DIeltal Porta coHaiine of: 1 7 0 0 Execntivc Digital Phonea (2*way Spiffs 6cl6 LCD Di^lay A12 Pro gnunnaabla Buwoaa) Standaitl Digital Phonea (2*way Spier., 2x16 LCD Diaplay A 12 Programmable Buttons) Basie D^Ital Phones (2-wqr Spiff. A 8 Programmable Buttons) DSS/BLF (Direct Station Select / Busy Laaq> Field) (ft Analott Porta; (Analog Phones, Modems A Fax Maebiaes) (ft 24 Channel T1 Bategiace (Digital Tel^hone Service) (11 dPortCOTmnkInterfiace (Analog Trunking A Emergency Bypass) (11 4 Port Voleemeil/AiitoAtteiidoBt witb 10(H- Kours of Storage A 32 Mailboxes (Caller ID Compliant, Record-a^all Ato 200 Mailbox Expansion) (Optional NT Platfonn- Features Integrated Messaging: Email, Faxes A VM) (1)----Complete Voica A Data Cable Plant (34 cabled locationa; 10 voiee/data A 24 voice only) ID__Complete Audio A Video Solntkm (hicludea: Overtiead paging. Presentation, Cable TV) m System Inaf llattoo. Proeram«fai« and (All systems will be provided via Connectivity employees) Proposed by: Kenneth D. Owen Connccdvily Solutlona, Ine. 0MIV02 CONPIDENTIAl COO'S txvi turn io jiiio ZZ9€ 9Lt nt STtOt footiirsit 1 onv’, I .)kc Tilt- Dcpi.AXXCSSG4 SYSTFM 1 -Iattr*Tel Axxeis System tekphone system equipped u follows; Difitel Stedon Ports Analog Station Ports Analog l^uak Ports Tllntafoees Remote Mamtenanee Voieemail/AutoAttandant Chi Si !B£i 32 8 4 0 1 4 Wired •32 •16 •I •I I 6 Growth •64 * « 1 8 • Please note: The Inter*Tel AXXESS platfonn utilizes a universal backplane, whieh allows for the plaeement of any interfooe cards in aiqr open Slot The proposed system has 3 open card slots. My equipped configueatien is onhr an estunate and actual configmatian win depend q)on your needs. jQgmjgggg, 1 1 1 1 1 2 1 1 1 1 Proprietary Cengponenti: fatar-Tel A xxms Pbtfoim Software v6.0 AXXESS CahiBst 1 7 0 0 4 Aaop. Powtr Supply CPU 64 Kit 2S Unit PAL • System Software 16dL OKSC . Digical Statian Card Seh. SLC • Analog StstioB Owd 4ch- Analog Trunk Card 4 fort EVMC»Voiceoiail/AutoAttendset, 100 hours & 32 mailboxes Remote Maiateasneo Access Desktop: Executive Digital Telephones Standard Digital Tels|j)ooss Basic Digital Telephones DSS/BLF wi PCDPM Install and Program Telspbooe System Rceeptioaitt A Station User Tramiag First Day Siqietviaion 2 years parts and 1 year labor warranty Tstal Systodi Price:S9,991A0 • Applicable sales tax has not been included • CSI has aasumed that die cable plant is installed and wilt requite no flgther work. • This quote is valid for thirty days. ftopoaedby: Kenneth D. Owei COmieetIvlIy SolnUonq, Iiw. CONFIDENTIAL f00*< 22SL#um SNOl iO A1Z3 UU 9Lf 2S6 PTtOT 2002.61*411 i II i. ii Option,il AXXESS Pricing finAn\ 1 irn^ IP Keyset Modeled after hter*Ter< Executive Tdqphoae. Frovidea 6 line by 16 oharaeier LCD display, 20 programmable buttons and handsfree qwakeiphene. Also comas equipped with an integrated passive hub for conneotion to your PC. IPKeiyietCard kter>Ters Internet Protocol Station Card. This card win provide a 10/100 connection to die data network. Allowing fig seamless telecom and data integration fr»r endusers via IP connection. Requires P Keyset Terminal. CafdUss Phone: INT2000 900Mh2 digital cordless plume comes equipped with LCD di^lay, 8 programmable buttons and headset capability, locludes: 2 batteries, charging stand debase station. Mattery Baeh^Vp (I Hour) APCBP1400 Win provide sufSciait batusy to back up lUlly loaded two cabinet Axxess widi VoieemaiL iitsiie Track CaMAeeoimdHS hiter-Tel's telecommunications management tool. Allows endusers to track call volume and pririt qrstem rqioils. Requires a PC ruimirig Wmdows with 486 or iifiter, 4Mb RAM, 4S Mb on Hard disk A available COM port Headsets: CSI provides a wide range of wired A wireless headsets. Binaural, Monaural and Combinations. Price $795XK) 11,640.00 $599.00 $688.00 $770.00 $165.00 to $600.00 Installation has not been calculated in optional pricing proposal Proposed by: Kenneth D. Owen Connectivity Solations, Inc. OSIOtfiZ CONnOENTIAL 900*4 IZU*8XV1 Stibl JO Alio 3396 911 3S6 91^01 3003ifrJ8S Lori}:i Lcikc rite SCOPE TYPE OF LOCATION VoieWDite-n«w 1-4prcat3 plenum for voin (SPLIT 2pr^2pr) end 14pr cats* plenuffl cable for deta Voice Only • new 1*4pr cats planum for voice (SPLIT 2prl2p0 Voice Only (WALL) • new 1-4pr eats planum for voice TOTALS Hern Deacfiptien ___________ Cable note: dU cable q^s X1.Q0Q 1 HORIZONTAL VOiCSlDATA CABLE 2 €4fairCalagofyS Planum voice cable 3 24falrCaiagoty6e Plenum data cable 8 VOICE FEEDER CABLE FROM PBX 11 18 18 24 25 26 27 28 0 25 Pair Ctlagory 3 Plenum Voice Feeder Cable WORKSTATION 23 4>portFaoaplate angled AMP almond 23RJ-11 voice Jack insaft AMP 40637SA1MONO. 23 fU-11 voice Jack biaarl AMP40637SGRAY. 10 RJ4Scat8e data jack kiaeit AMP 406372-BLACIC SOBiankinoort AMP almond 11 RJ-11. Wal Pbone Jack & Plate 34 WIRE CLOSET 35 38 39 40 41 42 43 47 51 Ciible Proposal for loee 10 Voice cables 10 Oala cables 10 13 11 13 11 019* X 84* Equipment Rack maioommba 0 Veidcal wms Mgml Panel Homaoo S’ 0 Hoitzontal wire Mbidar 19*x 13/4* mareommba 04' x4' PlywoodBacfcboanI (pakitadfrarMardant^) 6 68M1-S0 Block wA8d bracket sMtontannbialon 1 66M1*508tockwl89d bracket votoefoadarlarminaflon 1 2pr.Crosa«onneet (forapprox56vJocalians) 112 port eats 588b Patch Panel AMP 406981-1. w/WM Mount 0Sh^.90>degrae, racfcmount MiddleAdanlie 55 PATCH CORDS (Yellow. WhMa, Gray. Blacks Blue) 53 0 S. Cat5E, Booted 57 0 S' CotSE. Booted 62 CABLE SUI^RT IN CaUNG c3 40 2* J-Hook with wire and possible beam damp 64 1 Mfo&sliaves/lire atop cauBt, putty 65 1 Shipping 66 TESTINO/LABELINQ 67 1 CS to test alcMagoryS data cable for CATJBik.M 68 0caiegory3voloecables for contbniity. label aocordfogly 69 71 material S1.444.19 72 tabor 83.10SOO 78 Total P.SS2.19 Sales Tax Not Included Proposed by: Kttincth D. Owran Conneedvity Solutions. Inc M)IDVB2 CONFIDENTIAL 34 34 Unit Extended 68S0 411S0 189.00 378i» 604.00 aoo • • 1.83 4218 2.46 66.35 246 56.35 4.34 4140 aoo 4.41 4151 133.00 aoo 78.40 aoo 21.00 0.00 38.00 aoo 8A0 5040 8.40 140 56.00 5100 70.00 7100 30J0 100 221 aoo 255 0.00 245 9100 70.00 70.00 55.00 55.00 0.00 000 aoo aoo 1444.19 0 0 $60*4 ZZSif sxvi turn 40 iito ZZH $LI Z94 Ptroi 8008.41*419 J Long Lake Fire Audio/Vidoo Pro(jos,jI iof locatloiis 3 A/VPmpoMi SCOPE TYPE OF LOCATION TV • RG4 (2-Tninmg & 1-Lounge) Each TVA/CR... will alto have oul^ capabilities to the pipjector. Ceiling Mount Speaker • flush mount with volume control for use In drop tile areas Seundsphare • Chain mount with (1) wal volume control for use in bay area MIC & Pr^aetor • XQA, S-Video/Aud!o & Composite Audio/Video Connectivity has assumed the reuse of an existing projector and mourning kil _ TOTALS Ocaciiplion: Conne^ty has proposed a complete A/v solution to meet the immediate and fotuie needs of the Long Lake Fire Station. The video solution will pro^afl required oonneedvi^ for cable access to (3) TVs. Ojt video soluiion will also provide the appropriate oonnectivfty to a customer provided projector with the integration ability of auxcHlary video and data. The aound porflon of our proposal will provide communkalion to (18) flushmount oeiling speakers and (4) Soundsphera speaker In the Bay Area. This system will be able to intagrate with the Fire Stofion’a emergency radio service. Alt standard ceDlng speakers w9l have integrated volume controls while the Training Room & Bay Area will be controlled by wal mounted votume control. Thera will be two page zones; one for the Training Room and ona all other areas. The system wM also support an ALL CALL for emergency situalions. ASSUMPTION: ThaamUantnrdaelavalinthebayaraaiaapprwdinatalySOdb. A wall torminated MIe port will be locatod at or near Ihe customer designated podium area. Thia microphone port will tie into Ihe over head speakara for praaantafion oapabififlea. Amie has not been proposed. However, Connectivity offers a wide range wired and wireless mics. Qty Item Description Unit Cost Ea tendad Cable note: all cabisq^'s x 1,000 CABLE TV 0.5 RG4IU Coaxial Cabis Ptanum 604.00 25100 6 F • Cormector bidkhead TV inaarl AMP almond 4.70 28.22 OVERHEAD PAGING 1 18 Gage, Plenum, 1 pair, Shielded 105.00 105.00 18 Adas Soundolier ^1-7 apeaker/balllaA/C w/ vdume control 22.47 404.46 18 Adas Soundolier 81-8R TDe bridge 3.71 66.78 18 Adas Soundolier 95-8 Backbox 6.66 119.95 1 Wall Mount Volume Control, Training Room, Wary, fUTIQASl 16.96 15.96 4 Soundsphera 110>B Radial Spsaker 210J10 840.00 0 Soundsphera Q8 Radial Spe^413.00 0.00 4 Soundsphera Spydar Chain Mount 10.50 4100 4 Soundsphere 110-B Oust Screen 28.00 11100 4 Soundsftoere TXGOTOv Transformer 30.80 123.20 1 Wall Mount Volume Control. Bfo' .'.laa. Stainless Steel, #AT100A 28.80 28.60 1 TOAA512A120wattAmp 4SO.OO 490.00 PrapoMd by: Kenneth D. Owen COnnectivliy Solutions, Inc. CONnDENTlAL L00*4 ixvq ONOl iO A1I3 Z396 9L» 296 9T:0T 2002.61*439 2 2 0 TQAP424MK2.2aOwittAfl9 1 TOAMB21B2BRackKit TOASOWMI/Amp KMMBSSIRlCkNI 1 Bogn.PCM^.PiQiOontralir 1 Bogan. PCM-TIII,PhOMlniMtMt 1 Bogan. PCM*2PM.tZof» Moduli 1 Bogan. PCM^PoMiarSupfdif mOJKTOIIIIOIMTINO 1 CuakunWal Plata A Conniclorap(GA.8vidaoMudto« Comp* VUiMAudto) 1 XQAPlanu(nC8bli.BioAonlca#yD41Ol6MMCPS0 1 S-VIdao Planum Cabto.Bllranicai\fV-SVHSPSO 100 AGSOCopporBnid coax Planum (onteaMteorcompetili vidao) dOO 1pr.22g.PlaoumCabia(2njnaUflS-«idaoA2ninaliR compoaAaaiuIn) 4 RCABuAtaadi 4 RCAConnaclon mOIOPHOlO 0 Shun 8M5A^ wind Me «/2Boa(d 0 ShumLX-244a.lMralanHandhaidwrAmBnAaKit 1 CaMaaAeonnaelon 1 SNPPtog TESTMQfLABailO 1 CStolaitMloeaBonandlabal Mat $ Labor 1 4.078.15 2,962.00 Total I Oois not inciuda sails lax. 7.0N.1S ftapaaidby: Kaanatfi D. Owaa ConnadivitjS olations, lac. CONFIPINTIAL 92140 100 2S.60 2160 330.40 80180 2180 S3L20 11120 11120 142J0 142J0 102.20 10200 29.40 29.40 91.00 207.20 20700 63.00 63.00 0.56 66.00 0.11 44 JO 110 0.40 1>(0 9.60 14700 100 701.68 0.00 70.00 70.00 5100 6100 ooo 100 2647 J9 100*4 UiL%WVI SNOl JO JUX9 tin 0L» 494 9T*0I 4004i4t*41t I* Lotiv I .ikc rir«Pi ic e SumiiMi V FkouSjrttcm AadlftJkVldM S9fi91M 4352.19 7JI4flJS $2130334 Pteue note sales tax hu not been included. Conneotivity tlso offers leasing aod rental prognuni. fkofoaadhy! KcanefliD.Owaa Comacth49 Sohiftieua,lne. 100*4 UiL9 UV7 9K07 40 AIZO Hit 9L\i 4S6 01*01 0004*01*410 TT < ■« ! ] ! I REQUEST FOR COUNCIL ACTION SEP 2 3 2002 Cii YUrORONu DATE: September 19,2092 ITEM NO:N Department Approval: Nanc RooMoone Title Ci^ Administrator Adpilnistrator Reviewed:m Agenda Section: City Administrator's Report Item Description: An>lication and Certificate for Payment No. 5-Long Lake Fire Station Rochon Corporation, the General Contractor, has submitted Application and Certificate for Payment No. 5 in the amount of $326,664.00. This application has been certified f<» pa>inent by both the Architect and Project Manager, and a lien waiver related to the amount of this payment has been provided. Of the total payment amount, $67,065 is costs related to a change order for the iritallation o f water and sewer main lines. The Council approved this change order, with a tcUd cost of $82,220.00, several months ago. Orono is paying the costs of the change order from its Sewer Fund, as its share of the larger utilities relocation project being fimded by Mn/DOT, due to the additional costs of installing the sewer line at a lower elevation to enable Orono properties to be served in the future. These costs will be repaid through connection charges at the time properties in Orono connect to tlie sewer system. COUNCIL ACTION REQUESTED: Motion to approve Application and Certificate for Payment No. 5 from Rochon Corporation in the amount of $326,664.00, to be funded as follows: $259,599 from the Joint Fire Fund, and $67,065 from the Sewer Fund. 1 > , #• BKV ProiMCNo.: ISISAI C R O U f AfcMMCMa v.ciV30 Data: Sapmrtbar 10.2002 AttMitioii: MkhcHaMorM Addran: Ciqr of Long Laka IM4PWfcAvanua P.O. Box 60* Lo«« Laka. MN SS3M Ra: Long Laka Rra Station Cl 1 T Ur O.^n^fQ WI ARi B6NOINO YOU? □ Shop dravdngi OPHntt Dnaiia DSan^laa □ SpadOeatlona (jCopyaflacur [~) Changa ordar ^ Odiar TMNSHITTRD VIA: □Mall □ Maaaanger Q Fax □Othan ah«wta-31M7Sl I 6 ^ i r • A M ( S( Hll* T 'N copias for approvalTHBSE ARE TRAMSMITTEO aa chackad Mow. [~| for approval LJ Approved as submitted □ Foryouruta Q A^rovad » noted □ Aa raquaatad □ Returnad for corractiom For ravlaw and comment C_ Other: __ □ FOR BIDS DUE ______________JZ □ PRINTS RETURN® AFTER LOAN TO US r~l Raaubmit Submit_ Return copias for distribution corrected prints REMARKS: Endosad are two coplM of Application and Cartilkata for hymant Na 5 lor work performed on the Long Station pS^TThbappItoion has bean cartIM In the aiiK)unt of SnSAM Pleasa proc«a for payment to Rochon Corpor«km. Thank you. Nan Gustafson COFY TO: BR Wokars, Construcdva Ideas. 901 |etlcrson Avmue. Suite 300, ^^^^***® Bfli Hays. Rochoo Corporation.3450 Annapolis Lane North. Flymoulh, MN 55447 ROUTECOPTTO: CABK. I5I5XM OAMOFI$IMI»U»CBr^7»^trHHpsSJot PHssiAwiana JH APfUCATKMi ^ CmmCAVL fon WAnnHt ttUtSTITUTI AIA DOCUMOIT 070» fOlOM ttMPirt •lU^ifUto MOJtCTi UHfUtaMMi U««f UiC MN ftSlM now HOI miviHO moo TO: raOMlCOimMCTOai: OmMmC«*0WI jtM iiwUl UMMrW. 10* VU lAOCMinCTl: MV 0<«^ 122 i««nii|<i« fttM( MOMiMtl MMSSAOI MCMTieri mjtcTiTO mtoi COMTMCtmM eoimucTOATft MCNT CHANOtOMmSUMMAMV OitoitaO*ANT«W*^‘"AOOinONS oioucnoNS TOTAL A^p«^aMManto NMto OatoAaa*ai.aa 1 t/sinooi •1220 00 totals •2 220 00 000 Mat totants a« Manat 0*aa*a •1220 00 Tna totoataonai Camracta* ca*«AaatoatwtoalaaiatMCamiaaia* • ApoKat«n « madt to« Nv<n«ni« ta aho^m M'qm. ai canntcMA witft tfta CoAtraet. ConiamaMA SAVtt. Swfeabtwta AJA Oocum«At 0703 4 anachad I OlAOAiAiCOMnUCrtUM ... I Na< 0»aata 0>aata Oiaata... •4 aaiaf M am aavvatf w ^ ai aaaafirn m Canwact H m ia«» tad av *a Cimmm to* ma to* to* Aav«toniaaaa« On I ria------* «a«ii yriifiri CvaAtam to* Aav««iato «ara iaanad «to aaomtt *aea*«a« gk« 0«(«. ato iiai earraai »a>wa*H ahawn fia*ra «a <*«« m. COaTAACmAM I CClfTAACTtUllrOOA^IUla1•^2l. a TOTAL COIIPLfTta A frOAfO TO OATf. iCatoaiM Q an 07021 I AHatHAOC A.to %» Ca-*«a>aia< toaa iCmn 0*1 an 07021 a al i««a« toaM CatonwaanOTOH Taul AataAaoa (Lna la -fa a* TatA m caamw i a* 07031 • total IAMNCO UU AfTAMAOl............... liina «laaa Una f TauA 7 Lift MfVlOUS ClATltoCATIS 7CA PAVutMT ilata • Aam pia* CarvXata* I CgMlMT AAVUCNT Out I. 2002 t lALAKf TO TimM. TLVI AfTA fUGI ^ . lUna 2 >au Una H I.M 1.000 00 11220 00 1M2.220 00 127.113 10 4A.M2II Ul.ltf SO isa.aos so 33l.f«4 OO t.lli.tsoio ■AAAAAAAAA^ •.•yV^^.VVUVV^AAA« l/fNC"; ;L; |\y‘:c- (.iifff.tsoTA I ? V Cr-rt-.v Ex^ rti Jan. 31,2005 Itaia •» lAnnaMia CaM**rv a* Nannaan •watc'«aa ana i«a«n w aato*a ma ini 1 it aa« at Saati 2002 Natarv Agitr /VtC.<L at* Ci^a man aM«aa JaNiarv 11. 2C0S AAOlTICri CMTMCATf TOO AATMtNT to tocaraairi m M Canaaci Oaaiantova. aaaad an an-toia aaaaNat >«a vtoatoia iiiito I ~a toa itt i watoaaan. v«a AicNiaat laiaAaa w toa toamaitoa A*ctoiacf to*a.iiam toto**naaanana Wvt Hal ara»aa»aa aa Inaaaraa. ton to*to«v at toa Wari a ai Mdi M CtotVKi OaiiiTa~Ti «to toa Camiacia* ia anacaa w a at aia amount CtATlTliO AMOUNT cainm.. URacA aminiaan a CtotAaa #ltort»a*ntoam* tf»a anaa#awm to* i •U \iC^ CINiNiCD la aavtotar«AaaM a nai naaaaatoi TAa a toa Canaaaia* namaa na*to*« laawaiHa. aa«n«an« ana anaatonca a*to>*—a la art *oA«« at a«a 0«Hia» a* Canaacta* aaaCanaract PAOC 2 OF 2 CONTINUATION 8HCET S4AitHut« AlA OocufTMT.t 0703 lONQ tAKf FMf tr/KTlON AmiCATNM NUMMII; AmiCAnO« OATt: Ptmoofucm TO; COMTIUCTOO t MIOJfCT MO • MVItIO 1t«90I 1 A«t«t ai-A«fOt •10% JICCO GfM lMQMTI OHM 02200 fAHTMMOM 02000finuTVTlfS Olfl) AMMAtr MVMO 221II 924K 02100 024IC 04200 224IC 04 IOC HiOO art cOMcncrtnoiwA iAMOSCAMMO CONCUfTI MCCAST CONCMTI WASOMMt AMCM 4«ICAtT SriU MOftCATlOM srcii lAccnON 01 too CAWtMTNV 01200 CAMMNrilV MAT IS 04400 OIIK 07140 WATIJIfMCOMMG 07100 OllOO C424C 0420C OMIO 04100 01210 otsoc ONs: OfHy OtfOO 10210 10140 10400 lOlOO 10200 I0I2C tO«OC <044C MSOO I2«IC «24K 12100 M 14400 IISOO II40C itjoe I400C UiUArCIU MOOMiQ rAUUMQ HMbOOCMS4«IMM MCTOVtAMiAO OOCA coajmc dooms /;^000 IMIMOOIMS aiAsaciA2iMC 0AV>MAU/tl4S 04200|CIAAIMC«UAMV Tiif ACOUSTiCAi Ci'UMC Tl CAAAfT.VMin. TM lAOXT aOOA 4AMTW&V1NVI 4LA0 AOift rOlUT f 4AnTK)NS roMr mCCC uomis VOCAMS lOUVffIS MW UlTavOUlSMf AS CMAULlACt tOAAOS 4)MirwyM0 OfviCfS AtStOONTUk IQUtA AKMOOW MtNOS HOOA mats vf»«ai cuataim moAcnom ICAII m mO^TSOCMAMIS MV AC aUMMMQ riAf AAOTfCnON lUCTA«Ai sgoroTAL «fl rOTAi •CMO mUO 77.271 41 11.407 oc 122.422 00 102.147 00 •0.400 00 IS.S20 00 47.100 00 •4.400 00 172 442 00 112 010 00 1 477 00 72.44100 14.100 00 27S2SOO 9.740 00 22.100 00 1U9I0 00 •00 00 7 07S 00 22SI400 40 000 00 2 Its 00 2I.SSS00 U 210 00 4S 200 00 12 79S00 • 774 00 22.797 00 20 000 00 21.240 00 1.41200 2.744 00 2.724 00 22.4 7S 00 I.OfSOO 4SI00 I.tl200 3 41200 400 00 I.JOOOO 2.219 00 4.09S00 1.000 00 4 042 00 132 SCO 00 m ocooo 21.440 00 112.441 12 I M2 414 41 110102 IS 2 042 220 00 MfiMOU# A4^iCAII0M 22.144 42 11.407 00 107.722 00 I.4S2 00 000 000 000 24.000 00 172.442 00 17.000 00 S 177 00 11.14100 22.000 JO 000 l.*04M 000 000 120 00 000 000 oco 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 ooo 10 004 00 14.024 00 000 It. 400 00 Mi.ii2ff 22.111 47 SI2 7M 24 tMA 444UCAnOM 7.M2 0I 000 000 •7 04S 00 aoc 000 000 40.000 00 000 000 000 14.242 00 2.100 00 1.900 00 2M99 000 27 SOI 10 000 000 4.244 74 000 000 000 000 000 000 000 000 000 ooo 000 ooo ooo ooo ooo ooo ooo ooo coo ooo ooo ooo ooo ooo 9.7S4 00 42 170 00 ooo 10 000 00 24ISI9I4 17.110 10 242 4ft 14 troaiA MAWMAi OCO ooo ooo ooo ooo ooo ooo ooo ooo oco OM ooo ooo 200 ooo ooo 27 491 90 000 ooc ooo ooo ooo ooo ooo ooo ooo ooo oco ooo oco ooo oco ooo ooo ooo ooo ooo ooo ooo ooo ooo ooo ooo 000 40 911 00 ooo 12.990 CO ooo • 1 IS9S0 ooo • I 194 10 »a»Av rooATf 40 Ml 44 19 40700 107.722 00 41 71700 OOO OOO OOO 44 000 00 172.442 00 97000 00 9 177 00 72 4*9 00 24 100 00 • 900 00 9 M4M OCO •9 000 00 920 00 OOO 4 214 74 OOO OZC 0 OOO OOO OOO 0 oo ooo ooo ooo ooo ooo ooo ooo oc* ooo ooo ooo ooo ooo oco ooo 090 ooo 40 743 00 14 209 00 12 410 00 29 100 00 177 7K22 4iM» 77 927 992 10 92 100 17 27 d 0 0 79 IOC 90 too 100 100 22 • < 0 97 41 0 It 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 44 29 40 14 •AiAACI VOMMA m 24 279 04 OOO 14 TOO CO 24 490 00 10.400 00 14420 00 4 7.900 00 11.400 00 ooo 94 090 00 OOO 090 OOO 19 439 00 2 939 09 22 400 00 49 990 90 70 00 7.079 90 19 127 29 40 000 00 2 999 90 21 999 00 14 219 30 49 200 00 12 7MOO 9 779 00 22 797 00 90 000 00 21.240 X 1.912 00 2 744 X 2 724 00 22 979 00 1 099 W 49100 t.ii: 00 2 912 00 900 00 1 ICO CO 2 219 OG 4 CMX 1.000 00 4042 00 71.79 7 00 M.799 00 If 000 00 144 441 12 1.074 129 49 40 441 42 I 129 947 90 atrAAAot 2.049 91 710 29 4 244 40 2 424 14 OOO ooo ooo 2.200 00 1 412 14 2.190 00 242 14 2 447 29 1 X9 M 449 00 299 2f OX 2 290 00 24 90 OOO 214 2* OM OOO OCO OX 0 X OX OX OX OX 0 X ox OX ox ox ox ox ox ox ox ox ox ox ox ox 2 027 II 2 110 24 424 X 1.440 X 42 114 41 2 412 10 44 212 41 MMMtS WAIVER OF CONSTRUCTION LIEN, PAYMENT BOND AND LIEN FUNDS September 1,2002 (Revised) For good and valuable consideration, the undersigned hereby irrevocably and unconditionally waives and releases any and all (a) rights and claims for a construction or other lien on land and buildings being constructed, altered, erected or repaired and to the appurtenances thereunto, (b) rights and claims on any payment bond(t) furnished in cop’unction with said construction, alteration, erection or repair, and (c> rights and claims for lien on money, bonds, or warrants due or to become due to the prime contractor dierefor. The property covered by this waiver is owned by City of Long Lake (owner), is located at 340 Willow Drive. Long Lake. MN is described as Lone Lake Fire Sation and this waiver pertains, to a portion of the work to be performed by Rochon Corporation (prime contractor). This waiver covers all labor, material and supplies for construction, alteration, erection, and repairs furnished by the undersigned under a contract with City of Long Lake through the date of this waiver in the amount of THREE HUNDRED TWENTY SIX THOUSAND SIX HUNDRED SIXTY FOUR i: 00-100 DOLLARS (S326.664.00l. This lien waiver is not valid until the amount listed above has been received. AAAAAAAAAAAAA GrTACE L BUPGHARDT r.- ;.CT.\"V.' PU:'.!C - MINNSSOIA Can.'". Cij r»» Jan. at, HM CompapyJ^'ame Rochon Corporation _______________ Contractor Waiver Form ^llMQn ^icc President SEP-09-2002 16:S2 ROCHQN CORP 7635590101 P.01/04 Transmittal Cover Sheet ROCHON CORPOmmON 3650ANNAPOus Lane Noimi Suite 101 Plymouth. MN 55447 OFFICE763.550.9393 FAX 763.559.8101 MaM. Graupad by Each TianmtilM Nundiar Lang Lake Pba Station adOWOowOrfM Long Lake. MN 65396 Prasad# Tel: 9524734655 Fac 0S2473-2655 Rochon Corporation Data: IfINa RafMonco Numbor 0149 TranamModTa Tranamitlad By JonRal BKV Group 222 North Saoond Streat Mbmeapolia. MN 55401 Tai: 612-339-3752 Fax 612-3394212 BiHays Rochon Corporation 3850 AnnapoKs Lane No.. #101 Plymoiilh. MN 55447 Tel: 7^^36504393 Fac 763-56M101 Package Traisminad For DotivaradVIa Trachino Numbtr Intormabon. Aa Raquasted Fax Rem# Qly Nam Rafaratica Oascription Notaa Status C«ailcaltol Insuranca »MAC oonbador In amounl of 940.985 2 MOM Mtti IM of fflamtalt 1.0 OwMeMOf FnSprinMar In amount of 912J80 NlManpi Cc: Company Nama Contact Nama Copiaa Nelaa Ramarks Jon. Attached ara tha Caitificalaa of Insuianca Ibr Long Lake Fire Station (hat we spoke about Can ma with aiiy questions. . MSirfi Mi /Uinaea iM iM ii a lWIYdlTi i la a'wiN aa aw l^klln rcx:hon corp 7635598101 P.02/04SEP-09-2002 16:52 Mooucn MMK . _(6SD644-7200 LM F. Murphy, Inc. 2S1S Wabash Avt. *300 ,St. Paul. MM 55U4-2000 gfflSo,,,, 00000891 . MSUUB Fishtr Shtanpetal Company, Inc. 1441 Iglchart Avc. P.o. Box 40009 St. Paul, MM SS104 Ohio Casualty Croup 1919 South Highland Avenue Bldg. B. Suite JOO Lombard. IL 60148 52-41-7S-74 UWITVi lUTi CH^«ATION Ml 04/01/2002 04/01/2003 TItf KKWtS fwon IMOfMCB OATCB; CONTWUCOUMTlt IlMaiMTfiD 0 GHCCICO ■I!. » /..f, - > -• i i^’^cTSSWl Bldg 00001 1441 Iglehart Ave. st.PAUL, Mn sSlOa •n-- r.' Equipment awaiting Installation Special Perils Coverages 40.98S soo this ifvrilenct ^opirty IfisunnceTonv is an attachmnt to Cirtlflcate of Liability Insurance Foru Issued 9-3-02. Proof of coverage on Roof Top Units S13«000. Air Units S21«000. Fans & Gravity Hoods I2»0SS. Temp Controls S4.930. TO THE PREMIUMS, FORMS, AND RULES IN EFFECT FOR EACH POLICY PERIOD. SHOULD THE ____ 30 OAYS m POLICY BE TERMINATED. THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDEHTIFIEO BELOW written notice , and WILL SEND NOTIFICATION OF ANY CHANGES TO THE FOUCY THAT VtfOULD AFFECT THAT INTEREST, IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW. Rochon Corporation Bill Hays 36S0 Annapolis Lane North Plymouth, MN SS447 MO:no«Ec lOSSMvn kO«n« IS Rodney Skrypek/LAH SEP-0S-2002 16:S3 ROCHON CORP 7635S.>3101 P. 03/04 AQffiR iitiQiriuMic wr (CSl3fM'7200 .€• F. Nurpliy, Xn«- 251S mbash Av«. MOO St. Paul. MN SS114-200 fix ■wKta ^'islwr toji^aiiy* In* 1441 Ifflahart Avt. p.o. los 4000* St. Paul, m S5104 t 0VEM6S8 Msunens Affowoma coveiugc Ohio C^suilty Croup msuHnc rniumo ry;aaf^iSBffl.«go!!»rjiL>s^ __1 \ cmM^wmtrf X W-41-75-14 X X 1 suIwcl . &a«a. CoHt. IFFD nPOLKTixTaa? Pimc T X Mfftvn MiowwaMirex sctaausMffM mksautm NOM«IM0MITO8 OMUOKUAMUrf AMVAUTO 04/01/2002 I O4/O1/200) tagtssu—nirr T| ecom Q cuyNiMAoi 52 41 7S 74 RETCNnex I 10.000 gm MOOOJIO* stfnotn»iM»urr t^^S&11ation Floater 52^-75-74 04/01/2002 04/01/2002 04/01/2002 04/01/2002 04/01/2003 04/01/2003 6>O10CICtf»WtHCfc nUCOWMCC !»»■««*«»» »nm«H #CWS04U4 4 W>»uulir 0gwCHM.ACC«CAT6 PIWUCTS-CO»t^^44CC COMStMCO snicu imtl !(• a«oi^| |9<r •OOlkViKlU^ (PtracMmi nu)^iinrov«^6C Atrn ONLY . CA ACCtOtWT OTMCajHAN 4UT0 (A ACC C a CM CCCUACSMCC AGGACCATi 04/01/2003 ifejifeyaata 04/01/2003 ei wcMAccioeNT t L MMMI • £A C mKOVC ei OrSCAM'MXJCVLWT 1. loo.ooq s. 1.000. 2,000. 2,000.0 1.000.000 S.000.000 S.OOO.OOOl SOO.O 500.000 Limit $200,000 Oeductibe $500 .-..jn Cerporatlm (Cenarai Contractor}, City ofl_ . un Iditional Insureds under the Ctneral Liability a Auto tiability.The additional Insured coverage shall . pr^Mry and non-contributing with respect to any other Insurance or self Insurance sdiich may be lintained by Rochon Cerpaoratlon. * Oesription: Long Lake Fire Station (Share by City ef Long Lake. Orono a Medina). EWTIf ICATt MOLOEII { | aooinmM>.miUWB;iwSuawmT<*___ CAWCELIATION Rochon Gerperetlon MSO Rimapolis lane North PlymMith, NN SS447 aMouLBMV or IMS aaovt cfsemscB roucMn M caneoku wroee me eswMTieN BATt puAior, me esuMC coutanv MLLtMacA«onTo mml 30 awa MirrtB wBT>et to TwteMTtfiCAtiweiewimwiiiTD'meterr. aur aailum TO MMs tucA MOTice SHALL lurosc NO eeuBATlOii on UAiAinr qAAwtwiiBufOAwtcourAAT.iTSActuiioenirwssiinaiwtt _ Aumoaaea MrnueMrAm aodnev Skrveeb/LAH .CMOIMPAT) nx: t'td d MiUi 3AliYJ i«Kiifc.qMCg™eHiw £MSS e»os«uu!W‘MinouiAid gUON •un SllOtJtUUV 059€ UQusiodjoo uogMu tAtHitifl IPOIOH ajLVdt^U.t<33 iHl« AH, «»«t N0I1VT133MV3 aiQlpnpoQ OOS'SS MOi»a «u>n ••s uuoj Itoadg inijiT tejiod * *w**!0. juappayipta tiiuriAioifnws i . JtA*V^vbAn‘i^W* touaLunoOQ UM3 ■6eanflAiadoM Ciyooov i^dl • tuOMd i»d) ^f»l ^<”8 iminwBMtapauWUiOO, lO/lC/Zt SySlOOOlWH lOJjuoo JO ‘Apojsna ••Jto jno m tjaiOO *o ApadoJd ji XMMQCn puc V0!tUU*^u>O OflMMOM tlUOi IIIOMlIUn J*WO □ uujoj oiiaiquin □ 4 mi wn —wxa <u»)tWu*0 ' wwM««aom^ Alijiqen aSiito □ seiny pouMO*uoN □ toiny paiiH a soinv pampauos □ sopiy RV Q 0)TvAifva Aiaiqtn tigouwnv. Ai»|br»gwiw<osod «y irtodttJ^S222!i <icB<ie8yitJ»we_ *w««n ____ I I 1 ' L-------- •no wMpaiO toflod )Ud tjonciiuoo V □ 'jnaoo □ ap«W»*WO 0 Ag.«in |Mg^ ppJ*w»*'«0O /Unigen Hiatfao J»aumiite!l»d •9utiMu|J»*0AL -------ITX p uottWQ yoo QoniWJOO ITM I VI irenfa»**g2 --------------- aoVM3AQ3 ONtO^IO^AV SaiNVdWQO •Moin nonodiHi ®JJ“4£?S!r3!^^ £USS NWlf^cilS laa^SluoMa' lost Xy,duioo joptuiids aijeujoiny slopHA :pa»n«ui RJwfTBJrSiS courr itj^ ze*si NW •soAiouw 006OVOS A»h iijoiu OW uottj 000> ■ -aui’tiofautwi ie*»lllM •vintmi __pe/po'd tei06ssc%. aoueinsut |0 PLEASE DISREGARD LAST DOCUMENT SEP-09-2M02 16:53 ROCHON CORP 7635598101 P.04/04 — uimimm. PMOuecR: insuisd: a^gMi’3Sgjrrs«ggSg'^^ggi»ag ‘3H-agHg ^^ —- 1 “■ Poocjr f 1 Limite ViKinc Autorfatlc Sprinkler Con»pefty 1301' .*Ortent Street St P«il. MN 55117 ^MPAliieS A^PORmHQ ^VeRAGg * m . m----^ I iMCU^a ^ANIES AFFOKQIW^ ---- --- 'RLl Conekuebon-AOtviston e^ i<U Imm aiui Co. LTR I rtggfUuaikti GMMrelUaUHV OCarnnK^ GMnl UMWiy □ OtatMMade □ Oceur. a OMiare A CenMciars Prat D__—B- 'AtiMneblle bafinv □ Any Auto □ an Owned Autoe □ Scheduled Autos OHimd Autoe □ Non-Owned Autos □ Gerege UaOility i_g __________ I Easees Liahui^ ^icnOeaiffanci Flu OartweAwOna MaO. BQawa (W*"* ^***""t CwittinadiinatoLiiwi '55Sya5ufy^5pi«55“ Tidily 1n|WV<ParA«i4ar«T Pjapwvoanwe* a UmOretle Form □ oeiereisn tiwhmlla Form WorkM*s Co«p#n»»lion and Imoioywe^ Liability Whaf Property of Others in our Cere. Custody, or Control RIM 0001249 rsamoliyunie EadiAcoaant - Policy tiiwr _ Tkicaae - £n»pie»» 12/31/01 12/31/02 jpccie! Fom See Limit Stfuw eg SOQ Deductible included as loaa psyess » CBATIFICATE HOLDER BinHsys Roehon Corporation 36S0 /mnepoTA Lane North Rymotrth. Minnesota 55447 C/WCELLATION SSSfwSTi&’iSiSK'S^^S^^ warmw »*®’’2.T2LJIJ!l?Sir^SiNOoe^^ o" oaeiurt or Tma P A4 REQUEST FOR COUNCIL ACTION SEP 2 5 2002 Cl» Y U^ OHOrjO DATE: September 19« 2002 ITEM NO: /5 Department Approval: Name RonMoorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Agreement and Con^ct for Fire Protection With The City of Long Lake Attachments: Agreement and Contract For Fire Protection In the Settlement Agreement between the Cities of Orono and Long Lake regarding the new Long Lake fire station, the cities agreed to enter into a twenty year agreement for fire service. The attached agreement is very similar to the agreement previously reviewed by the Council. The only change is the addition of language that allows the agreement to be renegotiated or terminated by the cities to enable participation in a fire district or similar organizational arrangement. In past discussiot s. the Council has indicated that, prior to approval of the firt service agreement with the City of Long Lake, they wanted assurances regarding the fiscal man; gement of the Fire Department. Since that time, through meetings of the Long Lake Fire Comn ission, Orono has communicated the importance of strong fiscal management, and Long Lake ha demonstrated its commitment to strong fiscal management. Long Lake has adopted a fire ordinance which sets out clear responsibilities and authorities related to the management of the Fire Department. In addition. Long Lake is implementing recommendations from its auditor regarding the proper management of non-pension revenues in the Fire Relief Association. The Fire Commission has also met with the Treasurer of the Fire Relief Association to review the current status of the pension fimd. Although investments in the fund have not performed well recently, the pension liabilities are adequately funded. The Council had also wanted to include language in the agreement enabling the Orono City Council to require the Long Lake City Council to take action if a problem related to the management o*’*'.,; Fire Department is demonstrated. The reason for this language was to provide additional leverage for addressing problems related to the management of the Fire Department. As indicated above. Long Lake has now put in place the necessary controls regarding the management of the Fire Department. In additioii, the City Attorney indicates the language does not provide additional leverage to Orono. If there is an unresolvable disagreement between the cities regarding Fire Department management issues, the Orono Council can still terminate the agreement “for cause ”. For these reasons, the additional language is not included in the agreement presented for Council consideration. COUNCIL ACTION REQUESTED: Motion to iq>prove the attached Agreement and Contract for Fire Protection with the City of Long Lake, and to authorize the Mayor/Acting Mayor and Cit>' Administrator to sign the agreement. AGREEMENT AND CONTRACT FOR HRE PROTECTION THIS AGREEMENT AND CONTRACT made and entered into this day of ________, 2002 by and between the City of Long Lake a municipal corporation of the County of Hennepin and State of Minnesota (hereinafter referred to as Long Lake), the City of Orono, a municipal corporation of the County of Hennepin and State of Minnesota (hereinafter referred to as the Contracting City), and the City of Medina, a municipal corporation of the County of Hennepin and State of Minnesota (hereinafter referred to as the Contracting City), and wimesseth: WHEREAS, the City of Long Lake has the facilities and equipment and is willing and able to provide fire protection service to the Contracting City, and WHEREAS, the C* jntracting City does desire to have f.re protection service furnished by the City of Long Lake Fire Department. NOW, THEREFORE in consideration of the covenants herein contained the parties hereto agree as follows: 1.Definitions 2. The term Contracting City or the Contracting CJ»*-' .leans any city which is a party to this Agreement or similar Agreemen, • i by its terms is interrelated wah this Agreement for the purposes of sharing the costs arid the services of fire protection provided by the Long Lake Fire Department. The Contracting Cities are Orono, Medina and Long Lake. B. City Fire Service Area is the area within a Contracting City receiving fire protection from the Long Lake Fire Department. (City Fire Service areas are shown in Appendix A. attached.) The Total Fire Service Area is the sum of all City Fire Service Areas. Services to be Rendered 3. Dunng the term of this agreement Long Lake shall furnish all the fire fighting services, rescue/medical rescue services, and related fire protection services to the Contracting Cities for the Total Fire Service Area outlined in red on the attached map marked Exhibit A hereinafter referred to as "The Total Fire Service Area.” All of said Total Fire Service Area is located within the corporate limits of the Contracting Cities. Level of Service Long Lake through its fire department shall endeavor to provide the services listed in paragraph 2 above, including but not limited to, protecting and saving life and property from destruction by fire in the City Fire Service Area of each Contracting City to the same extent as it does within the City Fire Service Area of Lx)ng Lake. In the event of two fire calls received within the same time frame, the call first received shall have priority and the second call shall be answered as soon as possible. Long Lake will furnish sufficient staff to each call to safely, legally and effectively operate all necessary vehicles and equipment and provide all necessary services. 4. Command Responsibility Subject to the terms of this agreement, the Fire Chief of Long Lake or the Chiefs designee shall have the sole and exclusive right and responsibility to prescribe the manner and method of giving the alarm for fire within the Total Fire Service Area and to prescribe the manner and method of responding to calls and rendering the services contemplated. The said Fire Chief or designee shall immediately upon arriving at the scene of any alarm or fire emergency have the sole and exclusive responsibility and authority to direct and control any and all fire fighting and the emergency operations at such scene or scenes. 5. Volunteer Fire Fighters of the City of Lone Lake Personnel assigned to provide fire protection services in the Contracting Cities shall be volunteer firefighters of the City of Long Lake, which City shall assume all obligations with regard to Worker’s Compensation, Firemen's Relief Association, withholding tax, insurance, etc. for such volunteer firefighters, if any. The cost of such obligations shall be a part of the costs attributed to the operation of the Long Lake Fire Department and will be included in the Annual Fire Services Budget Package. 6. Nature of Lone Lake Undertaking In no event shall this agreement be construed to fix upon Long Lake any responsibility or liability to the Contracting Cities or to third parties which are greater or different in kind than the responsibilities and liabilities borne by the Contracting Cities if they were providing such serv ices through their own fire departments. 7. Liability Insurance Long Lake shall carry liability insurance in an amount no less than $1,800,000.00 protecting itself and the other Contracting Cities against damage claims of its fire fighters for personal injury sustained while in service within the said limits of the Contracting Cities as hereto set forth. The amount of the insurance coverage shall be reviewed annually and if determined to be inadequate the amount of the coverage shall be adjusted accordingly. And further. Long Lake shall carry liability insurance in an amount no less than SI ,800,000.00 saving the contracting cities harmless so far as acts of the City of Long Lake, its fire department and its fire fighters are concerned. The City of Long Lake shall review the amount of the coverage annually and if determined to be inadequate, the amount of the coverage shall be adjusted accordingly. The cost of such insurance shall be a part of the costs attributed to the operation of the Long Lake Fire Department and will be included in the Annual Operating Budget. Nothing in this contract shall be construed as waiving the statutory liability limits of any city, which is a party to this contract. 8. Long Lake Operational Responsibility The City of Long Lake shall be responsible for managing the operation of the Long Lake Fire Department, and for managing the on-going operation and maintenance of the Long Lake fire station. This includes carrying builders risk insurance during construction of the new Fire Station and carrying hazard insurance on the Fire Station thereafter. Long Lake shall charge an armual Administrative Fee for these services. The Administrative Fee of $17,200 for 2002 includes Long Lake’s administrative overhead expenses. The Administrative Fees may be adjusted from year to year through the Annual Fire Services Operating Budget review and approval process. The costs related to the operation of the Fire Department, including the on-going operation and maintenance of the Fire Station, shall be included in the Annual Fire Services Operating Budget. 9. Budget Package The Long Lake Fire Department’s annual operating expenditures will be controlled through an Annual Fire Services Operating Budget. >\^en the Annual Fire Services Operating Budget is approved, the expenditures may not exceed the level set in the Budget without the approval of all parties to the contract. If, during the 20-year term of the agreement, a Contracting City chooses not to approve a proposed Annual Fire Services Operating Budget, the Aimual Fire Service Operating Budget increase will be limited to the average annual Oeneral Fund Budget increase of the Connoting Cities, until a new Armual Fire Services Operating Budget is approved by all Contracting Cities. 9.1 Definitions A.The Armual Fire Services Operating Budget refers to the calendar year operating budget of the Long Lake Fire Department. This budget will become the official Armual Fire Services Operating Budget upon ratification by the Contracting Cities. The Annual Fire Services Operating Budget incorporates all costs of departmental operations including, but not limited to, the costs of the on-going operation and maintenance of the fire station. Long Lake’s Administrative Fee as defined in Section 8 of this Agreement, and armual contributions to the Long Lake Volunteer Fire Relief Association Retirement Fund. B The Annual Fire Services Capital Budget refers to the calendv year c^tal budget of the Long Lake Fire Departr.ient. The Armual Fire Services Capital Budget includes Major Equipment iter.ts and major repairs/rehabilitation of the Fire Station. 9.2 Budget Process By August IS of each year during which this agreement remains in effect, the City of Long Lake will provide an Annual Fire Services Operating Budget and an Annual Fire Services Coital Budget covering the costs related to the provision of fire protection for the next year. The budgets presented to the Contracting cities must have been presented to the Joint Advisory Committee prior to August 1 for discussion and review. Although it is expected that the Armual Fire Services Operating and Capital Budgets which are provided to the Contracting Cities by the City of Long Lake will have the consensus support of the Joint Advisory Committee, that is not a requirement since each Contracting City has the opportunity for final ratification or rejection. 10. Term of this Agreement This Agreement covers the period January 1,2002 through December 31,2020. A contract year covers the period January 1 through December 31 of a calendar year. This Agreement will become effective upon ratification by the Contracting Cities. The term of this agreement will be extended for a period of five years unless this Agreement is terminated as provided in Section 20 of the Agreement. 11. Capital Expenditures Capital expenditures include major equipment and major maintenance, repair, or rehabilitation to the fire station. Major equipment is defined as “rolling stock" or similar major equipment assets required for performing the fire department mission in the Fire Protection Area. To qualify as major equipment, such assets must have an initial purchase value of at least S10,000. To qualify as major maintenance, repair, or rehabilitation, the cost must be at least $10,000. The City of Long Lake and the Long Lake Fire Department shall prepare a 1 S-year major equipment replacement plan, and a I S-year plan for major maintenance, repair, or rehabilitation items related to the fire station. These 1 S-year plans will be the basis for the preparation of an annual capitr.l budget. Neither the approval nor lack of disapproval of the 1 S-year plans by the Contract Cities creates any obligation for final approval or funding of any specific capital expenditure. Final approval of capital expenditures occurs as part of the Annual Fire Services Capital Budget approval process. Capital expenditures must be approved by a minimum of two cities and the combined funding shares of the two cities must be greater than 60%. Once this level of approval is obtained, all Contract Cities are obligated to fund their share of the expenditures. The final approval ofcsq>ital expenditures occurs as part of the Annual Fire Services Capital Budget approval process. When a city approves the Annual Fire Services Capital Budget, the city is also agreeing to pay its share of the cost of capital expenditures included in the Annual Fire Services Capital Budget up to the budgeted amount, for the items budgeted. Each Contracting City agrees to maintain its own fund for capital expenditures. When a capital expenditure is to be made, the following process for faring the funding will be us<m1: A. B. C. Lx>ng Lake will have the option of funding any percentage of the total, which is equal to or greater than the average of its last three City Budget Percentages including the current calendar year. Orono will have the option of funding the remaining amount. If Medina does not wish to fund the total of the remaining amount, it must fund at least the average of its last three City Budget Percentages including the current calendar year and may fund more if it chooses. Medina will fund the balance remaining to be funded after Long Lake and Orono have specified their funding amounts. 11.1. Disposition of Major Equipment Upon Termination In the event that this Agreement is terminated as provided in section 20 of this Agreement, Long Lake will have the right to purchase each Contracting City's ownership share of each Major Equipment item for cash at the original amount funded by that city. In the event Long Lake does not exercise its right to acquire the major equipment items within sixty (60) days of termination, it will have waived its right to acquire full title to the equipment. If Long Lake waives its right to acquire full title to a particular Major Equipment item, the Contracting City with the largest ownership share of that item shall have the right to acquire full title to the item by paying the amount funded by each of the other Contracting Cities. If that City declines to acquire full title, the remaining Contracting City may acquire title on the same terms. In the event that no Contmciing City wishes to acquire full title to a particular Major Equipment item, it shall be sold and the proceeds of the sale divided between the Contracting Cities pro-rata to their original funding. All Major Equipment items funded during the term of the contract, including extensions, will be covered by this terminating procedure. The dissolution language applies to all equipment purchased, and fund balances accrued, since January 1 of 1993. This language is not intended to address any claim cities may have regarding equipment purchased prior to January 1, 1993. No contracting city shall have the right to transfer or encumber any major equipment purcha^ after January 1,1993. « i I L 12. Emergency Expenditures When there is a need for emergency major equipment repair or emergency building repair, or other emergency need that will have a substantial negative impact on the operational capabilities and/or safety of the firefighters or of the fire station if not immediately addressed, the emergency expenditures may be authorized by the Long Lake City Administrator and the Long Lake Fire Chief, or their designees. If these costs exceed the approved budget amounts, the Long Lake City Administrator and/or the Fire Chief will, within thirty days of the expenditures, notify the Contracting Cities of the expenditure, including an explanation of the emergency need. Emergency expenditures will be shared according to the cost sharing formula set out in this contract. Any reimbursement of the emergency expenditures through insurance, emergency/disaster assistance funding, or other sources will be credited to the Contract Cities in the same maimer as the costs were shared. 13. Annual Audit of Actual Costs The Contracting City understands and agrees that it is impossible to project with complete accuracy the actual costs of labor and equipment as well as the service to be required by each Contracting City for the forthcoming contract year and thereby hereby agrees to a yearly audit to adjust the prior year’s estimated cost of service as set forth above to the actual costs incurred by the City of Long Lake. On or before April 30th of each year the City of Long Lake will tabulate the actual cost of the fire department budget for the prior contract year and will submit to the Contracting Cities a summary of the actual costs. The actual costs set forth for the prior contract year may result in either a surplus or deficit with respect to that year’s Annual Operating Budget. Any surplus shall be refunded to the contract cities in the same ratio as the cost allocation formula. Any deficit shall be funded by the contract cities in the same ratio as the cost allocation formula. It is expected that expenditures will remain within the Aimual Operating Budget amounts and will only exceed such budget amounts in the case of an emergency expenditure as provided in Section 12 or when mutually agreed to by the Contracting Cities as provided in Section 14 of this Agreement. 14. Unforecasted Expenditures Notwithstanding any of the above, the Contracting Cities shall have the right to be heard regarding any proposed expenditures which are not identified in the Aimual Operating Budget and which exceed $5,000. Notice of such proposed, non-budgeted expenditures shall be given in writing to the Contracting Cities prior to actual expenditures for such items and the Contracting cities shall thereafter have 21 days in which to approve or disapprove the same in writing and if there is no response which disapproves the expenditure, it is agreed that such proposed expenditures may be made and the cost thereof shall be included in the Annual Operating Budget as if ratified originally. 1 15. Contract Payments The City Budget Share (See Section 16.2) of each Contracting City shall be paid in equal quaherly installments on January 1, April 1, July 1 and October 1 of the next contract year by the Contracting City to the City of Long Lake. Long Lake agrees to provide each Contracting City with reasonably detailed information relating to the actual expenditures against the Aimual Operating Budget at its request and on a quarterly basis and agrees to make its records available to the Contracting City for inspection for the purpose of determining the basis for the allocation of costs to fire protection. 16. Arbitration If a Contracting City is aggrieved by the determination of the City of Long Lake as to the allocation of the actual costs of the prior year's sen ice, the Contracting City may appeal said determination within 30 days after receipt of the City of Long Lake's audit. Said appeal shall be in writing and shall be addressed to the City of Long Lake asking for i^itration by a board of arbitration. The Board of Arbitration shall consist of three persons; one to be appointed by the City of Long Lake, one to be appointed by the ^)pealing Contracting City, and the third to be appointed by the two so selected. The name of each arbitrator shall be submitted in writing to the other party. In the event that the two arbitrators so selected do not appoint the third arbitrator within IS days after receipt of written notice of appointment of either of the first two arbitrator's, the Chief Judge of the District Court of Hennepin County shall have jurisdiction to appoint, upon application of either the Contracting Cities or the appealing Contracting City, the third i^itrator to the Board. The third arbitrator selected shall not bt a resident of either Contracting City, and shall be a city manager or administrator. The arbitrator ’s expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be divided equally between the parties to the arbitration. Arbitration shall be conducted in accordance with the Uniform Arbitration act. Chapter 572 of the Minnesota Statutes, and any decision shall be rendered within 60 days of appointment of the third arbitrator. Said arbitration shall be binding on both parties. 17. Special Fire Funds In order to facilitate the accounting and reporting of all fire funds associated with the Annual Operating Budget, a Fire Operating Fund will be maintained by the City of Long Lake. No Major Equipment Fund will be maintained by the City of Long Lake on behalf of the Contracting Cities as a part of this agreement since under the provisions of Section 1 1 each Contracting City agrees to maintain an Equipment Fund on its own. Fire Services Joint Advisory Committee Each Contracting City may appoint two volunteer members to a Fire Services Joint Advisory Committee and the name of such appointees shall be furnished to Long Lake. The Fire Services Joint Advisory Committee shall meet no less than four times per year to discuss and make recommendations regarding concerns or problems identified regarding the provision of fire service, and to periodically review budget updates. The Fire Services Joint Advisory Committee shall have the specific task of reviewing the Fire Department's operating and capital budget proposals for the next calendar year and arriving at a consensus Annual Fire Services Operating Budget and Annual Fire Services Capital Budget by August 15 of each calendar year. 19. Cost Sharing Formula Each of the Contracting Cities receiving fire service from the Long Lake Fire Department shall pay a share of the costs of the Aruiual Fire Services Operating and Capital Budgets. The City’s Budget Share will be based upon a formula, which takes into account the Market Value of the protected property and the fire department staff resources utilized to protect the property. The objective is to fairly allocate "insurance" type costs and "effort and variable" type costs. The Contracting Cities have agreed that 70% of the share allocation will be based upon Market Value and 30% upon fire department hours expended on calls to the City Fire Service Area. 19.1 Definitions: A.City Fire Service Area is the area within a Contracting City provided fire protection under this contract. The City Fire Service Area for each Contracting City is shown in Appendix A (attached). B.City Fire Service Area Market Value is the assessed market value of the property in the City Fire Service Area and is based upon the assessed maricet value for the year immediately preceding the budget year. The source of the assessed market value data shall be the Heiuiepin County Assessor’s Office. C.Total Service Area Market Value is the sum of the City Fire Service *\rea Maricet Values of all contracting cities. D.City Market Percent is the percentage computed by dividing the City Fire Service Area Market Value by the Total Service Area Market Value and multiplying by 100. E.City Call Hours is the total number of fire fighter hours expended in responding to calls in the City Fire Service Area as recorded by The Long 8 Lake Fire Department during the preceding three year period measured from January 1 through December 31. F.Total Call Hours is the total number of fire fighter hours expended in responding to calls in all contracting cities during the previous three-year period measured from January 1 through December 31. G.Call Percent is the percentage computed by dividing the City Call Hours by the Total Call Hours and multiplying by 100. City Budget Percentage is the percentage derived from the sum of the City Maricet Percent multiplied by 0.7 and the City Call Percent multiplied by 0.3. 19.2 Budget Share Computation: City Budget Share is the City Budget Percentage multiplied by the Annual Fire Services Operating Budget and the resulting product divided by 100. 19.3 Formulae for Calculations City Market Percent * (Bx 100)/(C) percent Where B = City Fire Service Area Market Value C “ Total Fire Service Area Market Value B. Call Percent (Ex 100)/(F)percent Where E = City Call Hours F =» Total Call Hours C. City Budget Percentage *= [(City Market Percent x 0.70) + (Call Percent x 0.30)] D. City Budget Share (City Budget Percentage / 100) x (Aiuiual Operating Budget less Major Equipment expenditures) E. The City Budget Share of capital expenditures is determined under the provision of Section 11. 20. Termination of this 1 This Agreement shall be terminable only as follows: 1. For “Good Cause ” by any city that desires to tenninate its participation in the Agreement provided that such termination is preceded by a minimum of 36- 1 1 months notice. **Good Cause" shall mean, but is not limited to, a pattern of inad^uate service quality, including inadequate reqwnse to call, inadequate haining, and inadequate handling of calls; and/or a pattern of budget overruns. 2. " For breach of contract; 3. By mutual agreement of all cities covered by the agreement. 4.City of Medina may terminate its participation in this Agreement without cause, subject to providing a twenty-four month notice of termination. S. This agreement mav be renegotiated or terminated bv the cities to enable participation in a fire district or similar organizational arrangement. 21. Provision to adjust City Fire Service Area During the period of this agreement a Contracting City may request that its Cky Fire Service Area be reduced or increased in size. Such a request must be made prior to July 1 of the Contract Year to allow time for preparing the Amiual Fire Services Budget for the succeeding Contract Year. In the event that a Contracting City proposes an increase to its City Fire Service Area, the City of Long Lake in consultation with the Long Lake Fire Department shall have the right to limit the increase to assure that coverage at the service level provided under this agreement can be achieved by the Fire Department. The service area shall not be increased to the extent that it requires the purchase of additional equipment unless all parties to the contract agree. In the event that a Contracting City wishes to decrease and/or alter the location of its City Fire Service Area it may do so by specifying those changes in writing by July 1 of the year prior to the contract year with respect to which such change is to be effective. r Approved by the Cities of Long Lake, Orono, and Medina on the date first written above. 1 CITY OF LONG LAKE ATTEST MAYOR CITY ADMINISTRATOR CITY OF ORONO ATTEST MAYOR CITY ADMINISTRATOR CITY OF MEDINA ATTEST !i MAYOR CITY ADMINISTRATOR J •• ••'•erriNG REQUEST FOR COUNCIL ACTION SEP 2 3 !.un on T ur UHUNU Date: Sqjtember 20,2002 Item No.: DcpartiBMt Approval;Adminbtrator Approval: Name: Michael P. Gaflron Title: Planning Director Agenda Section: Zoning Item DeKription: Big Island: Request for Clean-Up Funding On August 7 staff held a neighborhood meeting with the residents of Big Island. Remarkably, approximately 2/3 of the island landowners were in attendance. The meeting was quite productive in terms of property owners communicating their needs and concerns as well as City communicating its policies and the basis for those policies. Topics discussed included septic systems (a core group of stafl/island owners/septic contractors will be meeting this winter to consider septic system options and opportunities); lake access and public/private use and maintenance of the internal road system; property maintenance; zoning regulations; and public safety (Chief Good and Sgt. Erickson were in attendance). One outcome of the meeting was that residents request that to facilitate major cleanup of junk on the island, the City provide substantial funding for two large dumpsters for a 2-week period in the Fall. Gabriel Jabbour has offered to coordinate transport of the dumpsters to th- island and make all arrangements for them. To lease and transport the dumpsters is estimated to be between $2,500 and $3,0W. Mr. Jabbour has suggested that if the City could provide $2,000, Tonka Bay Marina would provide the remainder of the funding. There are sufficient funds remaining in the recycling/spring cleanup program budget to cover this cost. The residents indicated that the majority of junk and debris expected to be cleaned up is not material that has recently made its way to the island but has been out there for years or decades, and the provision of dumpsters will help in a cleanup effort that is long overdue. COUNCIL ACTION REQUESTED Motion to authorize expenditure of52,000 toward the cost of dumpsters for Big Island cleanup for Fall 20C.'. r i L. REQUEST FOR COUNCIL ACTION •*•**•• • SEP 2 3 2002 CtlYUhOHONU DATE: ScptCMbcr 19,2002 ITEM NO: Department Approval: Naaie RonMoone Title City Administrator Administrator Reviewed: Item Description: Sewer Line Relocation at Orono Woods Senior Housing Project Agenda Section: City Administrator ’s Report I ^ As part of the omstruction of the Orono Woods senior housing project, it was necessaiy to install a new sewer line adjacent to the pond in the southeast comer of the property. Theplanfor installing the sewer line would have eliminated the majority of the trees on the west side of the pond. Staff believed that it was important to save as nuuiy of the trees as possible to soften the visual impact of the new building. This required a redesign of the sewer line installation and a more expensive installation plan. The additional construction costs for the new plan were $5,015.00. Staffhas had discussions with the developer regarding should be responsible for the additional costs, and has suggested that the developer bear the additional costs. The developer has indicated that he has borne a number of costs related to the redesign of the sewer plan, including the costs of construction delays related to the plan redesign, which are beyond the $5,015.00 construction costs. The developer has agreed to reimburse the City for 50% of the construction costs. Staffbelieves this is a reasonable resolution. COUNCIL ACTION REQUESTED: Motion to approve the payment of the invoice from Fraru and Sons, Inc. in the amount of $5,015.00, to be funded from the P.l.R. Fund, of which $2,508.00 will be reimbursed by the developer, and the remainder will be reimbursed from future TIF proceeds; and to amend the PIR F und budget to reflect the expenditure. ilitm u ■' ____________ ^ . . r • ••-rrTlNG SEP 2 j 20K REQUEST FOR COUNCIL ACTION DATE: September 18,2002 ITEM NO: / Department Appi^val: NaaM Lin Vee Tkk City Clerk' pproval:F Admiabtrator Reviewed:Agenda Section: Licenses Item Description: List of Licenses for Council Approval RESIDENTIAL KENNEL LICENSE 1.Tony and Mary Becker 2S9 Hollander Road COUNCIL ACTION REQUESTED: Motion to approve/deny the above listed licenses. % i KENNEL LICENSE APPLICATION Effective January 1,200_ to December 31, 2W Owner: Property Address: Q 5^^ (include city and zip) Mailing Adless (if different): Phone: (home) Q y V (waiTi ^ Q residential Kermel License Fee: $25.00 (payment must accompany application) Maximum No. of dogs to be kept at one time:, (over 6 months of age) Principal Breed:_____fv.- Purpose for more than 2 dogs:____gTVS Dogs normally kept: 'yC inside____keiuiel structure COMMERCIAL Kennel License Fee: $150.00 (payment must accompany application) Name of Business:________________ Business Activities: (example: boarding, breeding, veterinary care, retail, etc.) Normal Business Hours:_________________________________ After Hours Contact: (name) (phone). Dog runs/exercise areas are:inside outside both The undersigned hereby makes application to the Orono City Council for a Kenml License as specified on this form; the undersigned acknowledges that a kennel license is permissive only and does not grant any authority to violate any provision of any City Ordinance or other law or regulation; the undersigned hereby grants the City permission to inspect the premises prior to license approval and at any other reasonable time during the license duration; and the undersigned agrees to abide by the requirements of Municipal Code Chapter 5.36 including any special conditions imposed by the City Council as part of any kennel license approval. Applicant O n- lo- • Date For City Use Onh Kennel inspected by Reconune^: Approv6l X Denial Date I 1 SfP 25 2002 ut r Ur tjtnjpiu information ^1'. ITEMS r\ COUNCIL MEETING • •••ctiMO SEP 2 3 2 UITUI-ONONO IA m UittlE -1 - —. 1..—^ SEP 2 3 2002 CITY OF UlYUr UHUNU LONG LAKE ;■> . : J ' ^ Cj V . '' September 18,2002 Mayor Barbara Peterson City of Orono P.O. Box 66 Crystal Bay. MN 55323 Re: RFP for Fire Service Dear Mayor Peterson; The City of Long Lake is in receipt of Orono’s Request for Proposals for Fire Service for the Navarre and Saga Hill areas. After a lengthy internal review and discussion of the RFP, the City of Long Lake has determined that it is unable to issue a response at this time. Specifically, the Fire Department felt that they needed additional information from the City of Orono and that it would take them a minimum of three years before individuals could be hired and trained to provide emergency response services from a new satellite station. Nevertheless, Long Lake would like to actively partner with the City of Orono, and the rest of Orono’s contract cities, to study the fire service areas and to discuss the creation of a fire district. Long Lake values its new partnership with the City of Orono on the construction of the Long Lake Fire Station and looks forward to seeing this partnership evolve further over the next several years. Sincerely, Maypr Janet Schapfer /) CiljA>f Long LxSt ^ Cc: Ron Moorse, Orono City Administrator L. 1964 Paifc Avenue • P.O. Box 606 • Lonf Lake. MinneMia 55936 • 952-473-6961 952-476-9622 (fax) • liitp://www.ci.long-lakc.inn.us