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10-28-2002 Council Packet
/ f / * AGENDA FOR COUNCIL MEETING SET FOR MONDAY, OCTOBER 28,2002,7:00 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 OCF 2 8 2002 Cl f y Oe CROfvO APPROVAL OF MINUTES * 2. Regular Council Meeting of October 14,2002 PUBLIC HEARING - 7:00 P.M. 3. Certifleation of Delinquent Utilities and General Service Fees • Resolution PARK COMMISSION COMMENTS - Andrew McDermott, Representative PLANNING COMMISSION COMMENTS - J. Marc Fritzler, Representative LMCD REPORT - Lili McMillan PUBLIC COMMENTS - (Limit 5 Minutes Per Person) PRESENTATION - 7:30 P.M. 4. Sally Koenecke, Lake Minnetonka Communications Commission - 2003 Proposed Budget ZONING ADMINISTRATOR'S REPORT 5. #02-2831 Hope Chest for Breast Cancer, 3850 Shoreline Drive-Finding of Substantially Similar Use and Commercial Site Plan Review * 6. #02-28.^2 Randy Ameson, 625 Deborah Drive - Conditional Use Permit - Resolution * 7. #02-2833 G &GHolding Company, 1160 Loma Linda Avenue-Variances-Resolution * 8. #02-2835 Thomas Adams, 500 Orchard Park Road - Renewal Variances - Resolution * 9. #02-2836 Charles and Jennifer Phelps, 385 Tumham Road-Variances-Resolution 10. #02-2837 Jeff Danbeny, 3545 Ivy Place - Variance - Resolution 11. #02-2839 Boyer Building Corporation, 3320 Watertown Road - Preliminary Plat * 12. #02-2841 David Dickey, 4425 North Shore Drive - Variances - Resolution * 13. #02-2844 Bruce and Carol Cline-Hedblom, 2601 Casco Point Road - Variance - Resolution 14. Fleming Addition Trail Final Plat - Resolution 15. #02-2843 Professional Properties of Orono, 2765 Kelley Parkw ay - Discussion of Wetland and Other Issues M.\YOR/COUNCIL REPORT 16. Housing Week November 16-23,2002 - Proclamation 1 AGENDA FOR COUNCIL MEETING SET FOR MONDAY, OCTOBER 28,2002,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA PUBLIC SERVICE DIRECTOR'S REPORT CITY ADMINISTRATOR'S REPORT 17. Promuiion of Kurt Erickson to Police Sergeant Position 18. Police Department - Tactical Rifle Purchase 19. Vehicle Forfeiture Update 20. Police Department Acceptance of Grant for Underage Access to Alcohol Compliance Checks 21. Police Department Acceptance of NCMEC Computer Donation 22. Resignation of Paul Weinberger from City Planner/Zoning Administrator Position - Resolution CITY ATTORNEY'S REPORT * 23. LICENSES * 24. BILLS UPCOMING ISSUES AND EVENTS im 10/28 Council Meeting, 7:00 p.m. 11/04 11/05 11/06 11/11 11/12 11/18 11/25 11/28 11/29 Park Commission, 7:15 p.m. GENERAL ELECTION, 7:00 a.m. • 8:00 p.m. Canvassing Board, 8:00 a.m. HOLIDAY, Observance of Veterans Day Council Meeting. Tuesday. 7:00p.m. Planning Commission, 6:30 p.m. Council Meeting, 7:00 p.m. HOLIDAY, Observance of Thanksgiving Day HOLIDAY, Observance of Thanksgiving Day 1 2/02 Planning Commission Work Session, 6:00 p.m. 12/09 Council Meeting. 7:00 p.m. 12/24 HOLIDAY, Observance of Christmas (Afternoon) 12/25 HOLIDAY, Observance of Christmas Public A ttendance MeeUNG 0AtE iO / 2 H-/ 6 1 ^ COVNCIL □ Planning COMMISSION □ Park C ommission □ Other Please nLLOUTTHElNFDRMATfONREQUESTED BELOW FOR OUR CITY RECORDS. PRESENT FOR (from agenda) NAME (please print) ADDRESS NAME OR NUMBER /j(\i :>~w fbdfbrd jJr’n^le^ /¥95"0 ^ ^ I \.y______ >14k kL~vtiu 1 - 7^Uf 6.. 7. 8. 9. 10. 11. 12. 13.. 14.. 15.. li\INH<fclllW i1 ii t»>pwl vrw.OI«>\fOKM»H»UfcAtT * . ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 14,2002 ROLL The Council met on the above-mentioned date with the following members present: Mayor Barbara Peterson. Council Members Bob Sansevere. Jav Nveard. Jim White, and Jim 9 m mm Murphy. Representing staff were City Administrator Ron Moorse, Planning Director Mike Gafl^n, City Attorney Tom Barrett, Zoning Administrator Paul Weinberger, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Alissa Wintemheinier. Mayor Peterson called the meeting to order at 7:02 p.m.C^ru •• .AM • CONSENT AGENDA OCT 2 8 2002 CtlY UC OHONU 1. Approvc/Amend Items 5,11,12,14, IS, 16, 17, 18,19. 20,21,23,25, and 28 were added to the Consent Agenda. Items 3 and 6 were removed from the Consent Agenda. White moved, and Nygard seconded, to approve the consent agenda as amended. Vote: Ayes 5, Nays 0. 1 a. Recognition of Mary Ann Johnson Mayor Peterson read the resolution recognizing Mary Ann Johnson ’s dedicated service to the City of Orono and presented her with the framed resolution. She thanked Ms. Johnson and wished her a long and happy retirement. APPROVAL OF MINUTES *2. Joint City Council, Planning Commission, and Park Commission Work Session of September 1?, 2002 White moved, and Nygard seconded, to approve the Minutes of the Joint City Council, Planning Commission, and Park Commission Work Session of September 12,2002. Vote: Ayes 5, Nays 0. 3. Regular Council Meeting of September 23,2002 Mayor Peterson stated she had removed the item from the Consent Agenda because she had not attended the meeting. ■lisii naif I ■ ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 14,2002 3, Reguiar Council Meeting of September 23,2002—Continued White moved, and Murphy seconded, to approve the Minutes of the Reguiar Council Meeting of September 2.1.2001. Vote: Ayes 4, Nays 0 (Mayor Peterson abstained). PARK COMMISSION COMMENTS —DREW MCDERMOTT, REPRESENTATIVE McDermott stated that the joint meeting with the Planning Commission and City Council had been very valuable. The Parks Commission discussed the County Road 19 sidewalk along Navarre Park. One neighbor has taken over the alley that two neighbors share as a driveway by placing a large boulder in it, and those neighbors will need to be approached regarding easements. The sidewalks are in at Hackberry Park. In the spring they will do an opening ceremony after plantings are completed. McDermott stated that the City had been burning French Creek for a few years, but missed the burning season this year. They wanted to see what is needed to reestablish a natural prairie in the French Creek Preserve. There is a 3:1 matching grant available from the DNR that the Commission would like to apply for to help reestablish the French Creek prairie. There will be no December meeting. Some Parks Commission members ’ terms expire this year. McDermott stated some members were interested in reappointment, others were not. Sherokee Use has reached the term limit. McDermott suggested she be encouraged to join the Platuiing Commission or run for City Council. Saitsevere asked if McDermott felt a term limit was a good idea. McDermott stated it is because most members move on before reaching the nine year limit, and it encourages new people to join, and for those with extensive experience to move on to the Planning Commission or City Council. Sansevere asked if the frequency of meetings should be changed. McDermott stated that in the winter they could meet every other month, but during the spring and summer, they need to meet monthly. Nygard stated that he would not be present for the meeting on pull-tabs, but that he is fully in support of the Parks Commission getting the funding from pull-tabs. White stated that the French Creek Preserve has “no dogs” signs posted and suggested they allow dogs in the French Creek Preserve, and install bag dispensers and trashcans to ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 14,2002 PARK COMMISSION COMMENTS —DREW MCDERMOTT, REPRESENTA TIVE —Continued encourage people to clean up after their dogs. McDermott stated that French Creek is ahdUt the only park where the ho dogs fiile is ehtbreed because the dogs distuH) nesting waterfowl. They are considering using the Larson-Sohns property as a dog park. Murphy asked if Dog Days coincides with Com Days next year. McDermott stated they were scheduled for the same weekend, but he would see if it is possible to move the Dog Days celebration. McDermott stated that there were an excessive amount of political signs along the Larson- Sohns property. Gappa stated that the signs were not actually on public property, but on the Lake Minnetonka Homeowners Association property, and the LMHA had approved the postings. PLANNING COMMISSION COMMENTS—JAN BERG, REPRESENTATIVE None. PUBLIC COMMENTS None. ZONING ADMINISTRATOR'S REPORT Item 4 appears after Items 6 and 10. 6. #02-2822 Danielle Henely, 3422 Livingston Avenue—^Variances—Resolution No. 4872 Weinberger stated that there was a change in the language of the resolution to clarify item 41 on page 2 of 6. The item now reads: “Applicant has agreed to make changes to an existing illegal deck to meet a IS’ setback ftiam Shady\^ood Road and agrees to alter the deck so no portion of the deck is 6 ’, or greater, in height from existing grade.” Mayor Peterson asked Ms. Henely if she understood the change and was satisfied with it. Ms. Henely replied she understood and was satisfied. Sansevere moved, and Murphy seconded, to adopt Resolution No. 4782 granting a variance to Municipal Zoning Code Section 10.03, Subdivision 9(D) and a I k i. ti ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 14,2002 6. §02-2822 Danielle Henefyt 3422 Livingston Avenue—Variances—Resolution No. 4872 —Continued conditional use permit per Section 10.03 Subdivision 1C to ailoW an accessory biiilding to be constructed on ilic subject property closer to the street t<«an the principal structure and on a through lot; with the new language in Item 41 included in the resolution. Vote: Ayes 5, Nays 0. 10. Appeal of Administrative Decision—Fox Street Driveway Weinberger stated that the applicant was appealing the denial of a request for driveway access permit for property located at 2530 Fox Street. At the time the lot was created, in 1996, it was planned to use a shared driveway that also serves two lots to the norm. The 2530 lot was required to enter into a driveway maintenance agreement with the lots to the north. The applicant was requesting direct access to Fox Street. The staff recommended denial in order to limit the number of direct driveway access points to Fox Street, according to the Comprehensive Plan stating that the number of curi> cuts and access points be limited. While Fox Street is not termed arterial, it is one of only a few through streets that do receive additional east-west traffic. The leiter requesting appeal stated that the driveway would have a steep incline for access. Staff found that the direct access from Fox Street would have an average elevation chatige of 10% to the turnaround site, where the access from the shared driveway would have an average elevation change of 5% to the turnaround, therefore the driveway from the shared access would have less elevation change than the direct street access. Staff concluded that the shared driveway would be the appropriate access to the property. Troy Prosa of Formation Architects stated that the percent grade from Fox to the turnaround is greater than the grade from the shared drive, but they were measuring from the street to the garage, where the residents will be parking. He stated that the grade from street to garage is less than the grade from the shared access to the garage. He stated that the driveway approach approved by the City would result in the toss of 7-10 mature trees, including the oldest tree on the lot. With the approach from Fox, they would minimize tree removal. Murphy asked what their major concern was. Prosa stated that their two major concerns were preserving the trees and the grade of approach. Sansevere asked if maintenan:e of the shared drive was a concern. Julie Johnson stated it was not. If they were grandfathered in to the maintenance agreement it would be fine with > ♦ ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 14,2002 10. Appeal of Administrative Decision —Fox Street Driveway—Continued her. She mostly wanted to protect the trees on the property. Prosa stated with their proposed driveway they would only need to cut 2-3 trees. Murphy asked if they could move the drive to the north in order to keep the trees. Prosa stated Aey would then lose the circular drive. White suggested rotating the house to give the garage a different orientation. Prosa stated they designed the house for the view and want to keep the back windows in the current orientation. Sansevere asked if they were concerned with the looks of the house as people approach the property from the street. Prosa stated they were naturally concerned with the aesthetics of the house itself. Murphy suggested they could find a solution to minimize the loss of trees, such as curving the driveway to the north or south. He stated he was not in favor of adding a driveway to Fox Street. Weinberger stated the lot could accommodate a driveway nearly anywhere, but because of the location they chose for the house, the options were narrowed. Sansevere suggested tabling the item so that the applicant could consider other options. John Boyer, the builder, stated that they were going to move the driveway further north, as Murphy suggested, but found it would not work because of the inclines and necessary turns in the drive to reach the garage. Because of the old white pine on the lot, the drive would only work where they had it located. He also stated that an entrance off Fox Street would be the best option aesthetically. Weinberger stated that the assumption was that the building location would be further to the north when the plan for the shared driveway was originally made. Mayor Peterson asked if the applicant would consider turning or moving the house. Johnson replied it was a walk-out design and they considered many factors when choosing the site for the house. Sansevere asked Weinberger how strongly staff opposed access from Fox Street. Weinberger replied they did not strongly oppose access from Fox Street, but that the issue concerned the intent of the resolution from 1996. Nygard stated that Fox Street is arterial, based on the amount of traffic it receives. Weinberger stated there is a gravel drive on the other side of the property, but it is privately owned and the owners will not allow' access to it. ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 14,2002 10. Appeal of Administrative Decision—Fox Street Driveway—Continued Moorsestated they needed a grading plan to see how the trees would actually be affected by the driveway installation. Boyer stated they were anxious to begin construction on the house. Barrett stated that the Council could table the application and the applicant would have to revise the plat. They could still begin construction, but not on the driveway. Nygard suggested they change the house’s design to accommodate the grade, put a drive off the shared access, and save the trees. Johnson stated that they had received verbal approval for the plan. Prosa stated the plans were approved until they went for the building permit. Nygard stated they might not be able to save the trees anyway. Weinberger and Gaffron stated they had a grading plan, but it was insufficient and they needed more detail. White stated construction on the house could be started, but the curb cut was tabled. Murphy stated that construction access would be allowed through the shared access drive only. Murphy moved, and Sansevere seconded, to table Item 10, Appeal of Administrative Decision—Fox Street Driveway. Vote: Ayes 5, Nays 0. 4. #02*2764 Commercial Planned Unit Development Weinberger stated that the City considered a CPl'D district following a request for a proposed office development on a vacant property in Navarre. The multi-unit office complex would create individual office buildings, each held in private ownership. Such a development is currently not possible in the B-4 district based on the minimum lot size and width standards. The CPUD would create a district for the proposed development, and would create a district that would allow other development options in the commercial areas of the City where strict compliance to the underlying zoning ordinance is not practical. Weinberger stated that the CPUD would not affect the B-2 district, as B-2 is lakefront property that has been reserved for marina use. The benefits of the CPUD are that it would allow approval of each site plan with individual performance standards written into the final development document. If the project were not completed, then the property ■ f 'i i 1 I ii ? I » i - i ■■ i ■i ;1 n1 Mn ‘ ^ I i I I i ^ ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 14,2002 4. M02-2764 Commercial Planned Unit Development—Continued would r$vert to the pre-existing zoning district or be changed to match the guided use of the property as defined in the Comprehensive Plan. The proposed project is conceptually a good plan, and may change some, but makes sense overall as a transition fiom the residential to commercial areas around the site owned by the applicant. The site is currently zoned B-4 for 9-5 office use. Weinberger stated that the CPUD would have to be written to benefit all possible uses, not to allow one applicant to finish a project. The current draft did not allow for uses such as apartments above shops, which could be an attractive option if Navarre redeveloped. Staff suggested doing a study to consider an amendment to the Comp Plan, which would allow mixed use of buildings. Weinberger noted that one benefit of the CPUD would be in determining setbacks for new developments based on current development patterns of surrounding properties, and the general use associated with the CPUD. That flexibility could be beneficial in Navarre where there is variation in front yard setbacks within a given street. Weinberger stated that there is a 4-step process: 1. 2. 3. 4. Concept Plan Review—Planning Commission and City Council would review the proposal. Master Development Plan and Rezoning—includes all building and site plans, public hearing, and Preliminary Plat review. Development Agreement/Financial Guarantee —applicant enters into an agreement with the City relating to the terms of the CPUD, and provides financial guarantee. Final Site and Building Plan—approval of final site and building plan for the entire CPUD. Weinberger stated there were 3 options for the Council: 1.Proceed with a visioning process for the Navarre Commercial area and place discussion of the CPUD district on-hold until the visioning process is complete. 2. Direct Staff to draft a final ordinance for adoption without the visioning process. 3. Do nothing and allow development that is consistent with the current zoning district standards. Mr. Dunsmore, the developer with office building plans for the lots at 2525,2535, and 2545 Shad>wood Road, stated that he has done 102 similar developments around the metro. He owns the properties he plans to develop. He only plans to develop 1/3 of the lots, as the other 2/3 is wetland. He stated that he would be selling small office spaces to businesses such as dentists and insurance agents. He requested direction from the Council. Mr. Dunsmore stated he would work with the City on hardcover issues. - t * I * r ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 14,2002 4. UOi-2764 Commercial Planned Unit Development —Continued Mayor Peterson asked what would happen if they approved the CPUD for zone B-4 only. Weinberger suggested they only give direction to Mr. Dunsmore, and not approve the CPUD. He recommended the visioning process, which would give Council a chance to approve applications on a case-by-case basis and allow them to consider mixed use developments. Murphy stated that he was in favor of the visioning process and seeking input from the Navarre business owners. White stated that the process would also give them a chance to consider housing issues in Navarre, to talk about historic properties, and the new trail issue. Mayor Peterson suggested they schedule a work session to begin the visioning process. Moorse stated that they were not sure how long the visioning process would take, and asked Council if they were comfortable with approving the CPUD for only the B-4 district. Murphy asked what would happen if they approved the CPUD and then regretted the decision. Barrett stated that the CPUD would allow Council discretion over each individual application. Moorse stated that if the Council didn’t feel the CPUD was right for the B-4 zone, that they should wait to decide until after the visioning process was completed. Gaffron stated that any consultant hired to help with the visioning process would have to be carefully directed in terms of the City’s goals and concerns. He stated that the CPUD districts would provide a transition area, but would not fix issues with already developed lots. Sansevere slated that Navarre has been developed on a case-by-case basis without much uniformity throughout. Gaffron stated that if the visioning had been done in years past, the area may be more consistently developed with more unity from area to area. Mayor Peterson stated that the setback for Snyder Drugs was wrong and she wouldn’t want that to occur again. Moorse stated that some buildings are on the sidewalk, others are setback from the sidewalks. Murphy stated that they should devote a lengthy work session to the issue. Mayor Peterson suggested bringing in the business owners and residents for the visioning process. iMurphy moved, and Sansevere seconded, to pursue a visioning process before assigning the CPUD to any zoning districts. Mr. Dunsmore stated that he would like to start construction in the spring, in about six- 8 ORONO CITY COUNCIL MEETING MONDAY* OCTOBER 14* 2002 4. M2-2764 Commercial Planned VmU Development—Continued months^ Gaflron stated that they would like to receive a grant from Met Council to support the process, but couldn’t start the visioning process until 2003. He expected the study to take about six-months. Murphy stated they should hold the work session as soon as possible. Gaflron stated that Dunsmore could not pursue his project as plaimed without the CPUD in place. Mr. Dunsmore stated that he iias ideas for developing the property that he would like to present to the Council as part of the visioning process. Mayor Peterson asked what was needed from Council. Gaffron stated that they had received adequate direction 6om Council to take the next steps. They would prepare material for a work session, and bring a time frame, goals, and how the City’s objectives mesh with the proposed project to Council. No motion was needed. *5. #02-2813 Mark Welch* 3625 North Shore Drive —Variances—Resolution No. 4S7I White moved, and Nygard seconded, to adopt Resolution No. 4871 granting variances to Municipal Zoning Code Section 10.22, Subdivisions 1 & 2, Section 10.55, Subdivision 8, and Section 10.56, Subdivisions 16(L) 1 & 2 to permit 680 s.f. (18.1%) hardcover in the 0-75’ iakeshore setback where 660 s.f. (17.6%) exists and no hardcover is allowed (hardcover does not include the shared driveway); 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 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; 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” dtotricts is required to be set back 10’. \'ote: Ayes 5, Nays 0. Item 6 appears before Item 4. *7. #02-2827 Sven Gustafson, 4515 North Shore Drive —Variances—Resolution No. 4873 White moved* and Nygard seconded, to adopt Resolution No. 4873 granting a variance to Municipal Zoning Code Section 10.24, Subdivision 5(B) to permit new residential construction on a .54 acre lot where 1 acre is required and on a lot that is 55’ wide where 140’ is required in the LR-IB district. ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 14,2002 *7. §02-2827 Sven Gustafson, 4515 North Shore Drive—Variances—Resolution No. 4873—Continued Vole: Ayes 5, Nays 0. *8. #02-2828 Tony Lund, 4525 North Shore Drive—Variances —^Resolution No. 4874 White moved, and Nygard seconded, to adopt Resolution No. 4874 granting a variance to Municipal Zoning Code Section 10.24, Subdivision 5(B) to permit new residential construction on a .62 acre lot where 1 acre is required and on a lot that is 65* wide where 140* is required in the LR-IB district Vote: Ayes 5, Nays 0. *9. #02-2845 Jefr Martineau, 2920 Fox Street —Final Plat—Resolution No. 4875 W'hite moved, and Nygard seconded, to adopt Resolution No. 4875 granting final plat approval for a two-lot subdivision of propert)* located at 2920 Fox Street and owned by Jeff Martineau. Vote: Ayes 5, Nays 0. Item 10 appears before Item 4. MAYOR/COUNCIL REPORT Murphy stated he would not be able to attend the Council meeting on the 28***. Nygard stated he would like the pull-tab issue to be presented at a meeting he can attend. Mayor Peterson stated that the City should extend its condolences to Former Mayor Callahan regarding the passing of his wife Carole. She stated that Mr. Dunbar had sent letters inviting the Council to tour the senior housing facility. The Interfaith Outreach homeless event will be held on Saturday, November 16"*, and Mayor Peterson will be attending. She stated they had received a letter complaining that the shooting range at the Wayzata Country Club was creating disturbances on the weekends, causing noise pollution, environmental pollution, and undue stress to neighbors. The letter suggested either limiting the hours or the number of days the shooting range is open. Gaffron stated that the shooting range is on the Wayzata portion of Club property and therefore outside of their iurisdiction. White asked how the City should deal with existing houses that are run down and not well maintained. ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 14,2002 PUBLIC SERVICE DIRECTOR'S REPORT *11. Request for Finul Payment—^TH12 Safety Improvements Project White moved, and Nygard seconded, to approve the Request for Final Payment to MN/DoT for the TH12 safety improvements project in the amount $32,451.38 to be funded from the Municipal State Aid Fund with the appropriate budget adjustment. Vote: Ayes 5, Nays 0. *12. Livingston Avenue Drainage Project White moved, and Nygard seconded, to accept quotation in the amount of $4,627.00 from Norling*s Lake Minnetonka Landscaping, Spring Park, Minnesota, for completion of the drainage project at 3572 Livingston Avenue, to be funded from the Stormwater Utility Fund with the appropriate budget adjustment. Vote: Ayes 5, Nays 0. 13. Crystal Bay Road Drainage Project Gappa stated that houses at the west end of Old Crystal Bay Road are being damaged by water. The existing metal pipe culvert under the railroad tracks releases stormwater flow over land through three properties located north of the railroad tracks, then flows through a culvert under Crystal Bay Road and into Crystal Bay. There is significant erosion at the pipe outlet. The downstream properties are flat and the houses were built at a low elevation with poor drainage. The houses are receiving water damage to the foundations, crawl spaces, and garages during heavy rains. The problems became worse after 1995 when changes to the Shadywood Road railroad crossing and culvert and ditch cleaning activities were completed. A project to solve the matter was considered in 1996, but abandoned because of funding issues. Drainage assessment projects are always difficult to accomplish because the upstream property owners have no incentive to be assessed for the project costs. The property owners have contacted the City several times over the last few years, but no progress was made in solving the problem because of funding issues. The City now has a Stormwater Utility funding mechanism in place to provide money for completion of storm water management projects. Gappa stated that using stormwater utility funds to complete the project would be appropriate because an assessment is not realistic given that the upstream properties have no incentive to support an assessment project. Gappa stated that options included doing nothing, which would result in continued erosion, flooding of vards, possible property damage, and w ould not provide any I ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 14,2002 / J. Crystal Bay Road Drainage Project—Continued stormwater treatment to improve the quality of the stormwater eflluent discharge into Crystal Bay. A plan was prepared for the low>cost option of installing a pipe across the back yard of the 3447 Crystal Bay Road property and a drainage swale on the west edge of the property located at 3435 Crystal Bay Road. The new swale would connect to an existing swale, which would then drain into an in place culvert under Crystal Bay Road. They requested quotations for the work from several landscaping companies. That option would reduce the erosion and flooding problems on the properties in question and the property owners were in support of the project. That option, however, does not improve water quality, but could be seen as an interim project, .\nother option was to construct a stormwater pond for water quality improvements, which would require the acquisition of a property. The most logical location for stormwater ponding is on the western side of the area, in the vicinity of 3435,3445, and 3447 Crystal Bay Road. Lot 3445 is currently vacant and could be purchased to install a pond. Stormwater ponding anywhere close to Lake Miruietoiika would be expensive and difflcult. If there wers interest in purchasing the property, the City would have to have an appraiser complete a valuation study for the property at 3445 Crystal Bay Road. Murphy asked if the lot was big enough to hold a pond. Gappa stated it was not what they chose, but it is available. Murphy asked if the pond would be big enough to fix the problems for the entire neighborhood. White asked what the culvert change was that caused the problem in 1996. A neighbor stated Uutt prior to 1996 it was dry. Work on the railroad track caused water to begin flowing down the hill. The City then dug out a trench to direct water to the culvert, but that resulted in water coming from both the culvert and down the hill. White suggested putting a fiber filter into a pipe to improve water quality that would be changed every year. Gappa stated that the area of concern was much too large to be affected by a filter. Mayor Peterson asked if the pipe and swale solution was a temporary fix. Gappa stated that the low-cost pipe and swale plan would get water past the houses, solving that issue, but not improve water quality. White asked if the pipe would affect landowners* ability to build on their lots. Gappa stated they would have to work around the pipe, but it should not be a major issue. Mayor Peterson moved, and Murphy seconded, to accept the quotation from Norling*s Lake Minnetonka Landscaping in the amount of $13,418.12 for completk ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 14,2002 i3. Crystal Bay Road Drainage Project —Continued of the tlfainagc project at 3435 Crystal Bay Road, to be fuoded from the Stormwater Utility Food with the appropriate budget adjustment Vote: Ayes 5, Nays 0. *14. City Hall Drainage and Landscaping Project White moved, and Nygard seconded, to accept the quotation in the amount of $9,396.00 from Norling^s Lake Minnetonka Landscaping, Spring Park, Minnesota, for completion of the City Hall Drainage and landscape improvements project to be funded from the General Fund, Central Services, Repairs and Maintenance of Buildings and Grounds Budget Line Item (Number 101-41900-404) with the appropriate budget adjustment Vote: Ayes 5, Nays 0. CITY ADMINISTRATOR’S REPORT *15. Pay Requests—Long Lake Fire Station White moved, and Nygard seconded, to approve the requests for payment as follows: BKV Group in the amount of $4,741.28, Office Products Company in the amount of $1,003.75, Northern Tool and Equipment in the amount of $585.74, and Diversified Security in the amount of $6,351.10; to he funded from the Joint Fire Account Vote: Ayes 5, Nays 0. *16. Long Lake Fire Station Furniture Proposal White moved, and Nygard seconded, to approve the proposal from General Office Products for furniture for the lire station in the amount of $51,513.00. *17. Application and Certificate for Payment No. 6—Long Lake Fire Station White moved, and Nygard seconded, to approve Application and Certificate for Payment No. 6 from Rochon Corporation In the amount of $275,157.50, to be funded from the Joint Fire Fund. Vote: Ayes 5, Nays 0. *18. Highway 12 Right-of-Way Reconveyance and Pond Cost Allocation No action required. ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 14,2002 *19. Selling of Forfeited Vehicles and Equipment White qtoved, and Nygard seconded, to grant the Police Department permission to offer for sale the below described surplus Items: 1987 Plymonth, 1993 Harley Davidson, Roadster, a rollup cover for a 2001 Ford Pickup, and old CSO vehicle squad 184. Vote: Ayes 5, Nays 0. *20. Appointment of Additional Election Judges for the November 5,2002 General Election—Resolution No. 4876 White moved, and Nygard seconded, to adopt Resolution No. 4876 appointing additional election Judges for the general election to be held November 5,2002: John Brooks Laureen Darling Grant Garlinghouse Bruce Kelley Ann Hommeyer Charles Hommeyer Susan Jellison Nancy Krause Melvin McKee Daniel Parten Dixie Rinehart Sally VaUton Janette Weaver Marge Wett Richard Wett Wes Wolverton Vote: Ayes 5, Nays 0. *21. Establish Absentee Ballot Board—Resolution No. 4877 White moved, and Nygard seconded, to adopt Resolution No. 4877 establishing an absentee ballot board for the 2002 General Election to be held November 5,2002. Vote: Ayes 5, Nays 0. 22. Establish Date and Time for Canvassing Board Meeting Council set the meeting for November 6,2002 at 8:00 a.m. *23. Teens Alone Request for Funding Continuation White moved, and Nygard seconded, to approve annual funding in the amount of S800.00 to Teens Alone. Vote: Ayes 5, Nays 0. ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 14,2002 24. Resignation of Mary Ann Johnson—Resolution No. 4878 Mayor Peterson moved, and Murphy seconded, to accept the resignation of Mary Ann Johnson from her position as the City*s part*time Customer Service Assistant, effective October 10,2002; and to adopt Rcsolntion No. 4878 in appreciation to Mary Ann Johnson for dedicated service to the City of Orono. Vote: Ayes S, Nays 0. *25. Appointment of Part-Time Customer Service Assistant White moved, and Nygard seconded, to appoint Marilyn Zimmerman to the position of part-time Cnstomer Service Assistant at the pay rate of $12.54 per hour, which is Step 1 of Level 2 of the Admintotrative Support/Tcchnical/Public Works Employee Pay Schedule, effective October 28,2002. Roger Thomas Obon approached Council Roger Olson requested Council consider his ofTer to buy back the Ford FI 50 pickup truck that was acquired by the City through a forfeiture process, and was recently outfitted for use by the Police D^artment. He stated that his attorneys say it is not worth it to appeal the court’s decision. He stated that the seizure has cost him $28,000 and is excessive. Barrett stated he would like to look into the matter and present comments at the next meeting. He stated that as he understood it, the process was completed and there was no avenue for appeal at this time. Once the legal process was complete, the City owned the vehicle and had no legal right to reverse the process. If the City were to sell the vehicle, it would have to be done by sealed auction. Olson stated that his original offer to buy back tiie truck was for $5,000.00. Judge Larson did not deem the seizure excessive, but while the blue book value of the truck is $19,000, he considers the loss of the truck to equal $28,000 (including the cost of his appeals). Barrett stated again that he would like to look into the matter for the next meeting Moorse stated that the truck had already been outfitted as a police vehicle. White stated that laws concerning the sale of City property were very strict and it would have to be sold at fair market value. Olson stated that his original plea was “not guilty” as he was not driving the truck when stopped by the police. He stated that the police seized the car in February, 2(X)2 and have been driving it ever since, and that it never went to an impound lot, but came straight to the City’s lot. He stated that it had been his second DUI. Moorse stated that the seized car was stored in the Public Works lot and was not outfitted ----idaitfm ORONOCITY COUNCIL MEETING MONDAY, OCTOBER 14,2002 Roger Thomas Olson approached Council—Continued or driveo by the police until it legally came into the City’s possession. The Police insurance records would reflect when they began driving the vehicle. 26. Scheduling of Work Sessions Council requested that Moorse email them dates for the work sessions. 27. Options for Managing Traffic During the Highway 12 Project Moorse stated that during the Highway 12 project, the number of north/south roads linking central Orono to current Highway 12 will be reduced by half, increasing congestion to the open roads. One solution was to add left turn arrows to the traffic signals at Willow Drive and Old Crystal Bay Road. Another solution to traffic issues is to add a round-about at the intersection of Orono Orchard Road and County Road 1 5. The circular intersection would eliminate traffic crossing at right angles. Staff would like to further pursue the round-about concept with the City’s Consultant Engineer and Hennepin County. Murphy suggested staff find a model or computer simulation to show Council how the round-about would function. Sansevere moved, and White seconded, to authorize staff to pursue the left turn arrow additions to the traffic signals at the Willow Drive and Old Crystal Bay Road intersections, and to pursue the round-about concept. Vote: Ayes 5, Nays 0. *28. Replacement of Police Department Copier White moved, and Nygard seconded, to approve purchase of one Savin copy machine from Ikon Office Solutions for $8,400.00, with a maintenance agreement cost of approximately $102.40 per mouth; and to dispose of the current copy machine through donation to the Oronc Community Education program known as Fifty/Fifty. \'ote: Ayes S, Nays 0. 29. Options Regarding Making Units in the Dahlstrom Housing Development More Affordable Moorse stated that Dahlstrom Development has agreed to reduce the cost of cither tw o towmhouses and two condos, or three townhouses to $199,000.00, but would require participation of the City in the form of waiving development fees in the amount of $ 10,1 SO.OO per unit. If the City contributes by waiving fees, the developer would then do ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 14,2002 29. Options Regarding Making Units in the Dahistrom Housing Development More Affordable—Continued whatever was needed to reduce the cost of the assigned units to $199,000.00. Richard Prove, of 65 Stubbs Bay stated that the price of $199,000.00 was still disappointing, but a movement in the right direction. Sansevere stated he would not support the City subsidizing less expensive housing. Moorse stated that once the units came available at $199,000.00 they would come down further in cost by becoming eligible for other funding sources. White stated that because the development had no family housing, and was designed for singles and couples, it was not the right project to provide Orono with low income housing. Murphy stated he would like to learn more about subsidized housing. He felt the few units offered in the Dahistrom development were a token effort and more significant efforts should be made later, with a different development. Prover asked why the City would not want to subsidize housing. He stated that Orono is running out of land and the City should require the developers to make more units available at affordable rates. He stated that the developer should quadruple the amount of units to be made affordable. Sansevere stated that the issue was whether the City should subsidize affordable housing in that development. Prover stated that the City should because it was a pittance given the other sources of public funding available, and that Orono should have a mix of housing available. Murphy stated there is a mix of housing options available in Orono. He added that four affordable units in the Dahistrom development would not make a significant impact, but the City could consider a development that is geared toward affordable family housing. Sansevere stated that the Dahistrom project w as almost complete when the concerned neighbors brought the affordable housing issue to Council's attention. He stated that in regard to future projects, he would be receptive to exploring the affordable housing issue now that he is aware of the problem and options available. Murphy suggested that Mr. Prover continue to push for affordable housing in Orono, but stated that the Dahistrom development was not the right project for it. Mayor Peterson, Murphy, and Sansevere all agreed they did not approve of the City IS ^ ryu ____________ ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 14,2002 29. Options Regarding Making Units in the Dahlstrom Housing Development More AffordtMe—Continued subsidizing housing. Sansevere stated he was in favor of Dahlstrom creating units available at $199,000.00, but not at the City ’s expense. White stated that the senior housing that was recently built was subsidized to help make it a/fordable, and that the City was now deciding not to subsidize housing for other populations of residents. Sansevere stated he wanted to see affordable family housing, and the current development doesn ’t expect any families in the units. Prover stated that the Dahlstrom development was the one under discussion, and regardless of what projects could come up in the future and which populations they would serve, he wanted to see affordable housing in the current development. Murphy stated that the value of the current discussion was to get the City thinking about affordable housing. He suggested that if the Council was going to require an affordable housing effort, they should insist that Dahlstrom convert one of the townhouse sections, or all of the condos, into all affordable housing. Council agreed. Mayor Peterson Indicated it was the consensus of the Council to direct Moorse to request that Dahlstrom pursue the option of converting all of the condos, or an entire section of townhomes, into affordable housing units. Fire Station Update Moorse stated that he had received a call from the Mound Fire Chief regarding applicants to their fire department. The Chief had wondered if he should hire an applicant from Orono, when it is possible that Mound will not be serving Orono any more. Moorse also stated another meeting is scheduled with Maple Plain to work out a two-year bridge agreement. CITY ATTORNEY ’S REPORT None. *30. LICENSES None. ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 14,2002 *31. BILLS White aMvcd, and Nygard sccoadcd, to approve payment of the All Foods Accooot Vote: Ayes 5, Nays 0. ADJOURNMENT The meeting was adjourned at 10:35 p.m. ATTEST: Linda S. Vee, City Clerk Barbara PeterM>n, Mayor I i i i ) I ; REQUEST FOR COUNCIL ACTION OCF 2 8 2002 CITY OFuh ONO DATE: October 28,2002 ITEM NO: Department Approval:, Name Tom Kuehn Title Finance Director Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Public Hearing Regarding the Certification of Delinquent Utilities and General Service Fees Attaehments: (A) Resolution providing for the collection of delinquent sewer, water, recycling program fees, septic inspection fees, and general scn ice fees. (B) Assessment roll. Each year the city certifies to the county, ail unpaid annual service eharges for the septic inspection program, the unpaid recycling program fees, all delinquent sewer and water accounts of $50.00 or more, and the delinquent general services fbr false alarm fees and developers improvement fees, to be eollected with the following year's ta.xes. In addition to the outstanding amounts delinquent, eight percent (8%) interest is added to all accounts and an administrative fee is added to the septic accounts. At this time the total to be assessed is $92,770.94 ineluding administrative fees. This amount will be deereiised by any payments received up to the f .al payment date of November 27,2002. A copy of the assessment roll is attached for your review. State statutes require the City hold a public hearing regarding the assessment of these fees prior to certifying the assessment roll to the County. Notices of the public hearing have been sent to all delinquent properties. The hearing is an opportunity for property owners to ask questions and provide comments regarding the proposed assessment. COUNCIL ACTION REQUESTED: Adoption of resolution providing for the collection of delinquent charges for the 2002 sewer and water utility serv ices, the septic inspection program, the recycling program, the false alarms, developers improvement fees, and other general service fees. 1 t U \Wct4 FOTfKrAlaino^aMWri ActioaOOOrCCJmoon'B A RESOLUTION FOR THE COLLECTION OF DELINQUENT 2002 WATER AND SEWER UTILITY SERVICE CHARGES, RECYCLING PROGRAM FEES, ON-SITE SEWAGE TREATMENT (SEPTIC) INSPECTION PROGRAM, STORM WATER CHARGES AND GENERAL SERVICE FEES Whereas, the City Council of the City of Orono, Minnesota has enacted certain ordinances under Minnesota Statues, therefore pursuant to Chapter 3, Chapter 12, Chapter 9, and chapter 10 Orono City Code pertaining to payment and collection of water, sewer and storm water charges and annual 5:rvice charges for recycling, and the on-site sewage treatment (septic) inspection program, and false alarm fees, and developers improvement fees; and and Whereas, the charges identified in the attached list of properties are delinquent in nature; Whereas, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon the 28*** day of October 2002, at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orono as follows: That the Mennepin County Special Assessment Division is hereby authorized to place the delinquent water, sewer and storm water charges and annual service charges for recycling, and the onsite sewage treatment (septic) inspection program, and false alarm fees, and developers improvement fees, on the 2003 property tax rolls, payable in 2003, at eight percent (8%) per annum, against the specified properties as set forth in the following Exhibits. ADOPTED by the City Council of the City of Orono, Minnesota, this 28* day of October, 2002. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor ► •i PIN 0211723210002 0211723210010 0211723240003 0211723240010 0211723310011 0211723310014 0211723310039 0211723320003 0211723330002 0211723430026 0311723130008 0311723130009 0311723210001 0311723220014 0311723220017 0311723230007 0311723310004 0311723320014 0311723330004 0311723330006 0311723340001 0311723340009 0311723340012 0311723340013 031172334001S 0411723110011 0411723120008 0411723120016 0411723120018 11723130004 0411723210001 0411723220003 0411723220020 0411723220026 04117232300C4 0411723230013 0411723320020 04117234200C8 0411723430a2 04117234300C3 0411723430015 0511723120010 0511723130012 0511723130032 0511723140002 0511723140031 0511723210023 0511723230013 0511723230014 0511723230040 0511723230042 Amount 60.00 119.08 217.19 99.95 434.61 108.60 225.17 119.08 202.16 434.82 116.54 108.60 119.06 212.16 119.08 119.08 119.08 100.90 119.06 202.16 119.08 129.08 119.08 119.08 119.08 119.08 119.08 202.16 109.08 202.16 119.08 434.81 434.82 434.81 225.17 108.60 109.08 119.08 119.08 202.16 119.08 225.17 422.99 434.81 108.60 434.82 434.82 434.62 108.62 434.81 434.62 flhJ 0511723240111 0511723330011 0511723410019 0511723410027 0611723220009 0611723220019 0611723220024 0611723230004 0611723240001 0611723240001 0611723240012 0611723410048 0611723410060 0611723420005 0611723440009 0711723120011 0711723120018 0711723120019 0711723120028 0711723130094 0711723140007 0711723140018 0711723140019 0711723140060 0711723140063 0711723140068 0711723210005 0711723220005 0711723220018 0711723230002 0711723240011 0711723240041 0711723310015 0711723310023 0711723310038 0711723320003 0711723320020 0711723320027 0711723320030 0711723320054 0711723320061 0711723330004 0711723410013 0711723410014 0711723410016 0711723410017 0711723410030 071172341X131 0711723410054 0711723410090 0711723420040 0711723430002 ^ Alotc*7^ 99.04 108.60 118.98 108.60 109.08 119.08 119.08 119.08 119.08 119.08 119.08 108.08 108.60 202.16 108.60 108.60 108.60 434.82 329.99 72.40 213.30 434.82 108.60 108.60 329.99 147.46 108.60 119.08 119.08 434.82 100.68 108.60 108.60 434.82 434.82 434 82 108.60 434.62 434.62 329.99 108.60 434 81 108.60 434.62 225.17 217.19 107.49 108.60 61.46 54.95 108.60 232.93 \ f/hJ 0711723430003 0711723430004 0711723430031 0711723440004 07117234490^ 0711723440021 0711723440022 0711723440022 0711723440024 0711723440026 0711723440031 0711723440066 0811723210014 0811723230019 0811723230024 0811723310005 0811723330024 0611723330027 0811723330063 0811723330066 0811723330068 0811723330069 0811723330075 0811723340008 0811723340016 0611723340050 0811723340059 0811723410007 081172343C009 0811723430014 0911723120005 0911723130009 0911723320011 0911723320012 0911723330001 0911723420004 1011723140014 1011723240002 1011723240008 1011723240018 1011723240037 10117233100C6 1011723310017 1011723310028 1011723310033 1011723310035 1011723310035 1011723310036 1011723310039 1011723310048 1011723310049 1011723310050 89.97 108.60 320.00 360.48 434.82 434.82 73.89 108.60 09.65 434.82 106.60 108.60 108.60 108.60 434.82 116.52 195.67 434.82 115.65 434.82 225.17 108.60 434.62 108.60 116.52 697.22 225.17 434.81 225.17 100.68 119.08 100.08 108.60 225.17 108.60 67.48 110.08 119.08 119.38 115.70 119.08 434.62 225.17 320.09 108.60 201.22 53.09 434.80 108.60 165.66 02.65 434.82 1011723310056 10H72C310072 1011723310074 1011723320019 1011723340009 101172342000$ 1011723420021 1011723420024 1711723210001 1711723220025 1711723220028 1711723220029 1711723230008 1711723230016 1711723230017 1711723230019 1711723240016 1711723240023 1711723240025 1711723240028 1711723310030 1711723310034 1711723310037 1711723310038 1711723310040 1711723310041 1711723310050 1711723310051 1/:i723340024 1711723340027 1711723340034 1711723340035 1711723340049 1711723340050 1711723340060 1711723340062 1711723340078 1711723410019 1711723410023 1711723410027 1711723410028 1711723410034 1711723420008 1711723430002 1711723430005 1711723430006 1711723430016 1711723430017 1711723430044 1711723430047 1711723430049 1711723430056 106.60 434.82 217.23 60.41 108.60 109.08 108.60 357.75 776.76 783.00 545.30 546.19 150.17 217.66 612.93 546.19 645.59 115.86 154.69 156.94 601.12 739.07 313.35 388.89 282.67 676.59 551.79 281.74 95.30 146.08 747.47 296.13 206.60 156.94 325.93 118.73 492.36 309.02 132.62 149.88 75.97 236.88 81.77 159.20 172.92 631.72 545.50 302.97 681.58 136.63 650.67 598.79 '>4cz F/A^ 1711723430058 1711723430062 1711723430064 1711723430074 1711723430076 1711723430087 1711723430090 1711723430095 1711723430098 1711723430106 1711723430124 1711723430129 1711723430134 1711723430136 1711723440021 1711723440025 1711723440059 iri1723440060 1711723440066 171172^0074 1711723440C90 1711723440091 1711723440066 1711723440100 1711723440:07 1611723140C36 2011723120014 2011723120021 2011723120024 2011723120054 2011723140007 2011723140019 2011723210005 2011723210023 2011723210024 2011723220002 2011723220CD5 2011723230“ :>3 2011723230018 2011723240013 2011723240017 2011723240030 2011723310010 2011723310058 2011723320011 2011723320018 2011723340005 2011723420022 2011723430022 2011723430035 2011723430043 2011723430094 274.80 161.46 104.36 164.02 750.02 551.81 136.63 563.76 1303.03 391.98 606.63 131.64 145.14 163.72 193.06 171.00 287.05 159.20 283.47 147.92 895.66 99.37 606.50 702.64 159.58 573.70 875.42 702.46 173.97 919.34 81.88 165.97 221.66 51.08 728.75 759.32 306.76 211.12 145.66 1447.61 727.36 283.47 610.96 136.63 143.99 314.37 168.57 163.72 636.65 279.66 724.05 136.63 F aaJ 2111723220008 2111723230001 2111723230021 2111723230030 2111723230030 2111723230033 2111723240003 2111723240049 2111723240065 2211723240008 2211723310032 2311723210001 2311723220002 2311723220009 2311723220018 2311723230031 2311723230033 2311723320002 2311723320027 2311723320039 2311723320072 2611823310004 2611823310007 2611623320005 2611823320015 2611823330005 2611823330007 2611823330008 2611823330016 2611823330019 2611823330021 2611823330023 2611823330024 2611323330026 2611323430004 2711823310014 2711823320018 2711823330007 2711823340004 2711823410002 2711823420004 2711823420010 2711823420015 2711823420020 2711823430014 2711823430015 2711823430018 2811823310002 2811823330010 2811823330014 2811823330015 2811823410004 h^9V//r 136.63 546.22 195.32 97.39 65.66 391.46 1260.84 222.40 669.74 156.00 96.00 240.00 156.00 66.00 66.00 66.00 66.00 96.00 66.00 66.00 156.00 119.08 202.16 119.08 119.08 108.60 108.60 108.60 579.64 232.63 202.16 434.81 224.47 108.60 119.08 119.08 202.16 119.08 434.81 119.08 119.08 464.04 119.08 108.60 202.16 119.08 202.16 1889.61 202.16 119.06 119.08 202.16 ■I ■: ■ i . ] f///Ahcu/TT f/A/A/^OtL/^l 2911823340008 2911823410005 2911823410005 2911823430002 2911823430003 2911823440001 3011823310003 3011823320003 3011823330005 3011823330007 3111823110010 3111823120011 3111S23210003 3111823230009 3111823240001 3111823330007 3111823340006 3111823340012 3111823410005 3111823420009 3111823420010 3111823420020 3211823220003 3211823240012 3211823320001 3211823430014 3211823440009 3311823130015 3311323310007 3311823310011 3311823330001 33118233300C6 33118234100G8 3311823410010 3311823430004 3311823430010 3311823430014 3311823430019 3311623430022 3311823430024 3311823440019 3311823440023 3311823440032 3411823210010 3411823210027 3411823330056 3411823330057 3511823330003 3511823340006 3511823430028 3611823140007 3611823140013 119.08 119.08 202.16 202.16 110.08 119.06 202.16 119.08 119.08 110.08 119.08 119.08 119.08 119.08 119.08 263.08 119.08 119.08 119.08 119.08 109.06 119.08 119.08 119.08 119.08 119.08 119.08 339.54 202.16 202.16 119.08 119.08 202.16 202.16 119.08 109.08 119.08 202.16 119.08 119.08 438.47 434.82 225.17 770.92 156.34 119.08 119.08 119.08 119.08 202.16 119.06 119.08 3611823320002 3611823330012 3611823410044 3611823440006 82.08 119.08 159.46 137.83 92770.94 r • kequest for COtmaL action OCT 26 2002 CITY OF OflONO DATE: October 24« 2002 ITEM NO: ^ DcpartaicBt Approval: Naaic RonMoorse Title City Administrator Adninistrator Reviewed:Agenda Section: City Administrator's Report Item Descriptfon: Sally Koenecke Presentatfra of LMCC 2003 Budget Sally Koenecke, the Administrator of the Lake Minnetonka Communications Commission(LMCC) will present the Commission's 2003 budget. The budget is attached for Council’s review. The Council may want to ask Ms. Koenecke to provide information regarding the increased binding for part'time staff in both the Franchise AdminisUntion and Access Studio Production portions of the budget. This could include a description of the amount and types of activities that are provided through the Access Studio Production portion of the budget. COUNCIL ACTION REQUESTED: Motion to approve the proposed 2003 LMCC Budget. fj r f .fT LIMCCLAKE MINNETONKA COMMUNICATIONS COMMISSION 4071 SUNSET DRIVE • RO. BOX 3BS • SPRING PARK. MN 55384-0385 • 952. 471-7125 • FAX 952. 471-9151 .:*0- -r: OCEPfVIVCN CXCCLSIM GRfENWOOO mOCfCNOCNCC LONG LAKE r; lOKEITO MEDINA M»iNETONKA ■EACH MINNETmSTA 0I90N0 ST. iONIFACtUS SHOKEWCXX} SFRiNG FAKK TONKA BAY VfCTOKtA WOODLAND OAOHO Scptetnber 12.2002 Mayor and City Council Members CiiyofOrono POBoxOO Ciysttl Bay. MN SS323 Dear Mayor and Council Members: The Lake Minnetonka Communications Commission (LMCC) passed the enclosed budget for 2003 at its last Full Commission meeting on August 20,2002. This budget is not funded with tax dollars but rather a cable company franchise fee paid annually to the LMCC. We are also receiving a PEG (public, educational, govmimental) access fee for community use of the production studio. 1 am submitting the budget to all chy members of the LMCC for review and approval according to our Joint Powers Agreement. I will be attending yow council meeting to answer aiiy questions you may have regarding the budget Sincerely, L4M£ MINNETOfiKA COMMUNICATIONS COMMISSION Sally Koenecke Administrator Enclosure * Lake Minnetonka Communications Commission 2003 Budget Proposal Rgvenii** Franchise Fees PEG Fees Mound Usage Fees Studio Rental Dub Fees Fund Balance Transfer Interest Fiuchise AdmiaistnitioB Studio Production Copiul Improrement 130.394 LOGO 107.752 33.000 36.350 Z590 40.000 t266 1Z534 2a 780 10.000 20.000 1.000 Total Bnvtiiijj 13L394 220.950 66.314 Total RupniiHiiiiris see details page 130,672 219.002 66.249 2002 6 inatt total gn«h Piojected 6 month re?enup Toul cash tod revenue Ptojecled 6 month expenditures Projected 2003 Begtnning Fluid Beltnce Balance TVansfet to 2003 Budget 2003 FUnd Balance After Dansfer 217,355 266.612 483.967 310.758 •60.000 250.758 Total All Funds ■*'<V mi.;:. i mmi M -------I 11 aUtilhaiyiii i Lake Minnetonka Communications Commission 2003 Bu<tget fVoposal FnwtMwAtolabtftl— Eipwm Other nMMChlgtlMf 49144 PcraowalSmtces 101 SalwMFuU-tiiiK 102 Salaried Overtime 103 Salaried Part'lime 121 PcraConl. 122 FICA Coni. 131 Health Injuranoc ISI WoikcnComp Ins. 2001 Actual Total Pcnonal Services Suppiki 200 Office Supplies 210 Special l.'.s- 'H^Hteetings 220 Repairs A Mauvienance Supplia Total Supplies ProfcMioaal Services 301 AudkFecs 304 Legal Fees 314 PpyfollScrvioei 315 Janliorial Services 319 Security Services Total Professional Services tAprwBindCbafrei 599 Uaxlioid iniptovcnicwt Total Expemiitufts rrmrUnfftlinri flifoiiiiini 301 Cable Opmlor Audit 30) legal Ten TtHal Other Etnancii^ Uses Total Admifiiiiralion 27^72 0 9.904 1,652 3,077 5,909 m am MCI 611 Q jLZJi 0 SZJIO 0 Q S 97.310 2002 Adoptc<< 2002 6 Month Actual 2002 Ifcvbed 2003 Commitce Proposal 29000 0 10500 2105 3020 6S00 sai 3J925 1000 IfiQQ 321 TelephoneCooHmmicatiofis 2,523 2400 322 Forage 1,023 1050 3)1 TntrelSclioul&Cordhcace 7,973 6500 332 Milei^te 545 1500 350 Printing and Publishing 1,799 2400 3ti0 Insurance 1.831 3700 380 Utilities 2.235 3000 384 Refuse A Recycling Collection 169 150 401 contracted building rtpoir 0 0 404 Mamt. Rqiair Equip.733 2000 412 Building Rent 9J63 9530 413 Equipment Rental 951 800 433 Dues A Subscriptions 1,136 3000 431 Property Tistm 1,683 1300 439 Contingency 223 6SQ Total Other Serviocs/Charges 2liSS 12220 0 106775 17000 fi urn 123775 15450 S 0 7288 $ 1086 S 1757 $ 3919 S 2SQ L 2222S S 965 S 204 S fi S. im t 30,900 S 32,600 14,500 S 2,175 $ 3,473 $ 6300 S 295 S 15300 2353 3364 7,900 350 58.143 S 62J67 MOO S 400 $ 500 S MSO 500 575 2JM9 $2,225 1,278 1900 1078 S 2AI0 $2,200 10,969 10000 4694 S 5J00 $5AOO 336 500 114 S 400 S 500 Mil 1800 1030 S 2,060 $2,500 947 2fiQ 26i S 700 f iJQOi JUififi 2211 1 IAI60 s iiJOO 1140 S 2JM S 2,500 412 S 900 S 1,150 265 $6.SM S 6,700 273 $1^ S 1,500 1272 $2v409 S 2,500 2071 S J.709 S J,900 1048 S 3J09 S J,I00 67 S ISO S 250 479 S SM S 600 1574 S 2.SN S 2A06 4794 S 9.S59 S 9,700 843 S 2jm s lAOi 1899 S 2JS90 $3J09 934 $1^ S 1,900 fi f JW s 300 I2fi21 S_19j 600 S 4IA00 0 S • S JO, 21221 $fi93U S 117.172 0 $t7JN S 7jm s s sjm $ fi 1 22jioo f iJJii 55271 $131,903 S 130,672 Lake Minnetonka Communications Commission 2003 Budget lYoposal EipoiMi Md Ollier 2003 FiMMidi^Utcs ZOOl Actual ZUU2 Adopted 2002 6 Month Actual 2002 Revised Commilcc Proposal IVrsAiial Scfviccs 101 Salaried Full time 102 Salaried Overtime 73*274.00 0.00 77300.00 000 39,403.00 1 78300 $83.134 103 Salaried PSuttime 5^3.00 14.000.00 5.79830 $14300 s 14,700 121 FeraCoiit.4342.00 4,020.00 2.074.00 $4,950 s 5315 122 FICACofit.6*959X»6,47030 3,764.00 S 7399 $7,484 131 Health Insurance 5.909UX)6,000.00 3.4S8.00 $6300 $7,480 151 Workers Comp Ins,322m 650.00 324.00 $324 $400 Total IVrsonal Services 95.899.00 108.740.00 54.821.00 f _mmi 1.__118,9a Supplia 200 Office Supplies 1347.00 200.00 427.00 $600 1 650 220 Repair A, Mainl. Supplies 111.00 1300.00 477.00 $700 I 750 221 Studio Expendables/rape (LQQ 1.237.00 t 1.500 1.2300 Total Supplies IAS8.00 2.1413)0 i2JOO 301 AuditiftgFecs 1378.00 1350.00 1,04930 $ 2300 1 2300 304 Legsl Fees 3307.00 430030 45530 S 4300 1 4,700 311 Access Contractors 11,945.00 13,00030 8.666 00 $16300 1 16300 314 Payroll Services 336.00 500.00 114.00 1 500 $550 318 Janitorial Services 1,439.00 1,700.00 973.00 1 2300 $2300 319 Security Services 648.00 50030 2613)0 t 500 $800 325 CbmputerConsulltiig 0.00 0.00 IttJfi L.2S0 JL asQ Total Professional Services 19.452.00 223SQ3Q 11.706.00 a ___2UXL 1.__iijsm. 321 Telephonc/Communications 1379.00 1,900.00 783.00 $1300 $I3S0 322 Pdstsge 927.00 1.050.00 412.00 S 1300 $1350 331 Travel School A Confetence 3.151.00 2.000.00 696.00 1 2300 $2300 332 Mileii^e 460.00 700.00 78.00 $250 s 300 350 Printing and Publishuig 4303.00 6300.00 2390.00 $5300 1 5.770 360 Insurance 133130 330030 1,939.00 S 4,000 $5310 380 Utihlies 4,471.00 6.00030 2SmM $4300 $4,725 384 Refuse A Recycling Collection 169.00 150.00 67.00 1 ISO s 175 401 Contracted Huildiitg Repair 0.00 0.00 47930 1 1.000 $1350 404 Mamt Repair Equipment 4.147.00 10,000.00 1,18030 1 6300 1 6300 410 Van Operation 0.00 030 030 1 2300 I 2300 412 BuildmgRent 28,090.00 28300.00 1430730 $2832S 1 29300 413 Equipment Rental 136130 1300.00 1,41830 1 1300 $1300 433 Dues A Subscriptions 170.00 50030 31730 1 530 $575 438 Property Taxes 4.779.00 430030 331830 1 6334 1 6334 439 Contiagency 75330 60030 QJB i.an l_m Total Other Charges 5639130 2uam 1^_tama.l_ Total Expenditures 173,70030 199,79030 9836730 $205332 s 219J0O2 i •=;■'! •. vv;;*'• ,r-mm f # iET ‘■K^ Equipment Needs for the LMCC Qty:Description:Mfig:PMtf:Coot Each:Total:Vendor4Studio Cameres JVC 1^50-PACF $10,895.00 $43,580.00 EPA5Intercom HeadphonestW/Mics)Telex PH-1A $107.00 $535.00 Alpha*6 25' XLR X XLR Cables Comprehensive XLRP-XLRJ-25 $23.00 $138.00 Alpha625'XLM to Mini Cables Comprehensive XLRP-MP-25 $13.00 $78.00 Alpha1Snn Converter Ultimate GTM-2000 $129.00 $129.00 AV Digital1Digital Equipment Misc NA $7,860.00 $7,860.00 EPA1SVHS Redorder Deck fbr use with Media 100 System Panasonic AG^S555 $3,630.00 I $3,630.00 Alpha2Wireless Mic Systems Sdnhauser 1^112 $419.00 $838.00 Alpha1Audio Sync Module Globecaster 59-070 $2,02400 $2,024.00 Alpha14 Person Intercom System for Mobile Van Anchor COM-40 $1,327.0b~"$1,327.00 Alpha4targe Cord Reels Canare R4^$412.00 $1,648.00 Alpha8100 ft. Extension Cords TecNec Misc $38.00 $304.00 Alpha8100 ft. XLR X XLR Cables Comprehensive XLRP-XLRJ-100EXF $47.00 $376.00 ^ha4Surge Protected Power Strips TecNec Misc $24.00 $96.00 Alpha10\^ Recorder Panasonic DMR-T2020 $671.00 $671.00 Alpha1DVD Playback Deck Panasonic b\^RV32 $150.00 n $150.00 EPA1Studio Monitor JVC TM-1650SO $870.00 $870.00 AV Digital Total:^164.254.00 Note: This information does not include sales taxi 1 ir^ V 3 40 00 ; Orono, Minnesota Bering Index Map ^ ^SSmSmSSm north Mr*. V AM tc#t i^«u I0.M MM. M.M€ If.liff AGENDA FOR COUNCIL MEETING SET FOR MONDAY, OCTOBER 28,2002,7:00 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. Approvc/Amend APPROVAL OF MINUTES ‘ • 2. Regular Council Meeting orOctober 14,2002 OCT 2 8 2002 CITY UP UHONO PUBLIC HEARING - 7:00 P.M. • 3. Certification of Delinquent Utilities and General Service Fees • Resolution PARK COMMISSION COMMENTS — Andrew McDermott, Representative PLANNING COMMISSION COMMENTS — J. Marc Fritzler, Representative LMCD REPORT - Lili McMillan PUBLIC COMMENTS - (Limit 5 Minutes Per Person) PRESENTATION - 7.?0 P.M. 4. Sally Kocnccke. Lake Minnetonka Communic.itions Commission • 2003 Proposed Budget ZO.MNG ADMINISTRATOR'S REPORT 5. fi02-2831 I lope Chest for Breast Cancer, 3850 Shoreline Drive - Finding of Substantially Similar • Use and Commercial Site Plan Review • 7 Ameson. 625 Deborah Drive - Conditional Use Permit - Resolution . « •> 60 Loma Linda Avenue-Variances-Resolution • o Adams. 500 Orchard Park Road - Renewal Variances - Resolution irt Charles and Jciuiifcr Phelps, 385 Tumham Road - Vari.mccs - Resolution 10. «02 2837 Jeff Danberry. 3545 Ny Place - Variance - Resolution . 1 Building Corporation. 3320 Watertown Road - Preliminary Plat I,' t)avidDiekey. 4425 North Shore Drive-Variances-Resolution 3. #02-2844 Brace and Carol Cline Hcdblom, 2601 Casco Point Road - Variance - Resolution 14. Fleming Addition Trail Final Plat - Resolution 15. #02-2843 Professional Properties of Orono, 2765 Kelley Parkw.iy-Discussion of Wetland and Other Issues MAYOR/COUNCIL REPORT 16. Housing Week November 16 - 23,2002 - Proclamation ^ meeting set for MONDAY, OCTOBER 28,2002,7:00 P.M ORONO COUNCIL CHAMBERS, 2780 KELLEY PARJOVAY, ORONO, .MINNESOTA PUBLIC SERVICE DIRECTOR'S REPORT CITY ADMINISTRATOR'S REPORT 17. Promotion of Kurt Erickson to Police Sergeant Position 18. Police Department - Tactical Rifle Purchase 19. V'chicic Forfeiture Update 20. Police Departn'ent Acceptance of Grant for Underage Access to Alcohol Compliance Checks 21. Police Department Acceptance ofNCMEC Computer Donation esignation of Paul Weinberger from City Planner/Zoning Administrator Position - Resolution CITY ATTORNEY'S REPORT • 23 LICENSES • 24. BILLS UPCOMING ISSUF.S AND EVENTS REQUEST FOR COUNCIL ACTION DATE: October 24,2002 ITEM NO.: Department Approval: Name Paul Weinberger Title Zoning Administrator Adminbtrator Reviewed:Agenda Section: Zoning Item Description:#02-2831 Hope Chest For Breast Cancer 38S0 North Shore Drive Commercial Site Plan Review and Finding of a Substantially Similar Use List of Exhibits: A B Site Plan October IS, 2002 • Staff Report and Exhibits Application Summary: OCT 2 8 2002 CIfy Ur- UMONO This application is two fold: I. Finding of Similar Use: The B-S zoning district does not specifically list furniture store as either a permitted or conditional use. The zoning code does give the Planning Commission and City Council the authority to interpret when a proposed use is substantially similar to other uses in a specific zoning district. 2. The second part of this application is the commercial site plan review . The applicant, Barbara Hensley, intends to purchase the property at 3850 Shoreline Drive which is currently operated as “Bay Furniture.” The applicant intends to operate an upscale resale store called “Hope Chest foi Breast Cancer”. The proposed business will continue to sell furniture, antiques, crystal/china, jewelry and home accessories such as lamps, pictures and rugs. There will be a limited amount of clothing and accessories. There will also be a section devoted to gifts for women with breast cancer and books, supplies, etc. regarding breast cancer. The proceeds of “Hope Chest for Breast Cancer” will go to organizations dedicated to breast cancer research, education and care for the under-served (limited or no health insurance). The property is zoned B-S, Limited Neighborhood business District. A furniture store is not listed in the B-S district as either a permitted or conditional use. In April 1986, the City Council determined that the furniture store was compatible with the other uses in the zoning district and would operate substantially similar to a “gallery”. In October 1986, the City Council approved the commercial site plan for the furniture store. Again in June 1998, the City Council approved the commercial site plan for the current furniture store. Ms. Hensley is asking for the same consideration that was granted, noting “Hope Chest for Breast Can''"- ” is compatible w ith the other uses in the zoning district and would operate substantially similar to a “gallery'” and furniture store (as the property has functioned since 1987). “Hope Chest for Breast Cancer” is very similar in use to the furniture sales use currently in the building, the only difference being resale of “pre-owned” furniture and accessories versus sale of new furniture and accessories. PlanniDg Commission Recommendation: The Planning Commission recommended approval by a vote of 7 to 0 to permit use of the building as a resale retail business similar to the existing furniture store, and approves a commecpial site plan for alterations to the parking lot, subject to the following conditions: I.A silt fence or straw bales shall be placed at the base of the slope where the new parking lot was installed for the purposes of protecting the wetland from sediment and erosion from the parking area. 2. Topsoil shall be placed on the existing slope and the slope seeded/sodded. 3.A wetland delineation shall be completed next spring to determine the wetland boundary and if any encroachment of the wetland or 26 ’ buffer has occurred. 4.The parking surface shall be finished to leave a S’ setback to the west property line. Concrete curb and gutter shall be installed to the specifications set by the City Engineer. 5.The plans for curb and gutter with a catch basin that will collect sediment from the parking lot shall be reviewed and approved by the City Engineer. 6.Plans shall be sent to the MCWD for their review. Any MCWD permits shall be issued prior to any construction or reconstruction work to the parking lot. 7. 8. The Fire Marshal shall shall approve any plans to install posts to protect the hydrant. The parking lot shall be striped for 13 - 9’ X 20’ spaces, including one handicap accessible space. 9.The City of Orono will enter into a Development Agreement with the applicants. The improvements will require a letter of credit for 150% of the estimated costs of the improvements. A letter of credit will allow the City to draw funds to complete any improvements should they not be completed. Since the applicants will not take ownership of the property until mid-November much of the above stated work will not be completed until after occupancy of the building and some items might not be completed until spring, 2003. The applicant ’s have expressed a willingness to do all the above improvements to the property. Staff Recommendation: Staff recommends approval of the application per the conditions as noted above in the Planning Commission recommendation. COUNCIL ACTION REQUESTED Motion to approve use of the property for a resale retail operation for “Hope Chest for Breast Cancer” finding the use is substantially similar to uses permitted in the district and to approve the commercial site plan for changes to the existing parking lot. I 0 ♦ -J* ). t iis*A t Council Eihibit A p^rfc*jnftu East 176.07 fcnc* north of ino i'+/- SHORELINE DRIVE I 1?)8 OOWITY STATE AC HGHWAY No. 15. PLAT 68 | ^0 SOUTH LINE CF OOK^. LOTS, SEC. 17. TUP. 1/7, R. SJ '^i\r* i *'• • . CewciCPiV^ fSpXtUCm IteyiS/oAi.! /'V3C,/ Council Eihibit TO:Chair Smith and Orono Planning Commission Membev Ron Moorse, City Administrator FROM: DATE: Wendy Bottenbeig, Zoning Administrator/Planner October IS, 2002 SUBJECT : #02-2831 Hope Chest for Breast Cancer 38S0 Shoreline Drive Finding of Substantially Similar Use/Commercial Site Plan Review - Public Hearing Zoning District: B-S Limited Neighborhood Business District Lot Area:35,028 s.f (.80 acres) Building Size: 6,720 s.f. Exhibits: A Applicant Letter Dr^ Site Plan (Sketch) 2002 Survey City Engineer Comments (September 24,2002) Current Property Owner’s Engineer Comments (October 8,2002) Planning Report (September 9,2002) B C D E F Application Review: This application is two fold: I. Finding of Similar Use: The B-S zoning district does not specifically list furniture store as either a permitted or conditional use. The zoning code does give the Planning Commission and City Council the authority to interpret when a proposed use is substantially similar to other uses in a specific zoning district. 2. The second part of this application is the commercial site plan review. The applicant, Barbara Hensley, intends to purchase the property at 3850 Shoreline Drive which is currently operated as “Bay Furniture.” The applicant intends to operate an upscale resale store called “Hope Chest for Breast Cancer”. The proposed business will continue to sell furniture, antiques, crystal/china, jewelry and home accessories such as lamps, pictures and rugs. There will be a limited amount of clothing and accessories. There will also be a section devoted to gifts for women with breast cancer and books, supplies, etc. regarding breast cancer. The proceeds of “Hope Chest for Breast Cancer” will go to organizations dedicated to breast cancer research, education and care for the under-served (limited or no health insurance). The property is zoned B-5, Limited Neighborhood business District. A furniture store is not listed in the B-S district as either a permitted or conditional use. In April 1986, the City Council determined that the proposed fum''ure store was compatible with the other uses in the zoning district and would operate substantially similar to a “gallery”. In October 1986, the City Council approved the commercial site plan for the ftmiiture store. Again in June 1998, the City Council approved the commercial site plan for the current furniture store. i Council Eihibit nbei itc Plan Review - Public Hearing ,2002) )f Similar Use: The B-5 zoning I or conditional use. The zoning ! authority to interpret when a ng district. 2. The second part of It 3830 Shoreline Drive which is operate an upscale resale store I will continue to sell furniture, i, pictures and rugs. There will be « a section devoted to gifts for t cancer. The proceeds of “Hope St cancer research, education and t. A furniture store is not listed in >86, the City Council determined (in the zoning district and would the City Council approved the 1, the City Council approved the Ms. Healey is asking for the same consideration shat was granted, noting “Hope Chest for Breast C^cer” is compatible with the other uses in the zoning district and would operate substantially similar to a “gdleiy” and ftimiture store (as the propeny has functioned since 1987). “Hope Chest for Breas'i Cancer” is veiy similar in use to the furniture sales use currently in the building, the only difference being resale of “pre-owned” furniture and accessories versus sale of new furniture and accessoncs. Outstanding Issues: The Planning Commission tabled this application in September to provide additional time for the applicants and the City to determine what impacts the parking lot expansion has on the property. Secondly, the City had to determine what erosion control measures are necessary to ensure the parking lot improvements work. Applicant’s surveyor indicates the existing site hardcover is 45% Proposed parking lot revisions will reduce it to 43%. Staff has met with the future owners of the building. Rather than delaying their acquisition until/unless the parking lot issues are resolved by the seller, the future owners have agreed to complete the requirements as suggested by the City Engineer to improve the parking lot and eliminate impacts to the wetland to the north. Barbara S. Hensley has submitted a letter to the City detailing what Hope Chest is willing to do to accommodate the requirements as suggested by the I. Erosion on the north side of the property: a) Erect a silt fence ASAP at the base of the slope where the new parking lot was installed. €^\yCs.vJ b) Place topsoil and seed/sod on the existing slope. II. Wetland Delineation a) Complete a wetland delineation next spring to deteimine the wetland boundary and if any encroachment of the wetland or 26 ’ buffer has occurred. b) Any encroachment of the wetland will have to be reviewed by the City of Orono and likely the Minnehaha Creek Watershed District. III. Removal of parts of the existing parking lot and additional parking lot improvements. a) Remove parking surface to leave a 5’ setback to the west property line. Concrete curb and gutter to be installed to the specifications set by the City Engineer. b) The 5’ shall be graded and seeded/sodded. IV. Storm Water Management a) Complete a plan for curb and gutter with a catch basin that will collect sediment from the parking lot. •. •) Request review of the storm water management plan by the MCWD. V. Additional Parking Lot Improvements a)* ’ Discuss requirements for protecting the fire hydrant with the Fire Marshal and install posts to protect the hydrant and restrict parking around the hydrant. b) Stripe parking lot for 13 -9’ X 20’ spaces, including one handicap accessible space. Since the applicants will not take ownership of the property until mid-November much of the above stated work will not be completed until after occupancy of the building and some items might not be completed until ^ring, 2003. The applicant’s have expressed a willingness to do all the above improvements to the property. The City of Orono will enter into a Development Agreement with the applicants. The improvements will require a letter of credit for 150% of the estimated costs of the improvements. A letter of credit will allow the City to draw funds to complete any improvements should they not be completed. Staff RccommeDdation: 1 . Staff recommends approval based on a conclusion that the proposed use is substantially similar to the existing use as a furniture store and to other permitted uses in the district. 2. Staff recommends approval of the conunercial site plan, subject to the applicants complete the items listed as items I--V on page two of this memo. 1m HOPE OHEST FOR RREAST C UfyJncIriii^ the gr^<isu Otfitvll. Waiy CS^afOipos MX Bn 66 OmacIQf fjt ANCGR 'c« iof vMiRefnpetqraKJtSD Wn iJSqmdla|lfcbnn6qBlD6B lAirti we M nnwptfmipfi lorMed Smariber 24,30Rln L EioiiaaailbBnDdh«4(ecftkt|aDpixiy; 2. JldtacatinefllB 3. Fmv botbolEem • BatnveFen • Seed, ee^ orb _ « TobeoiW(btt6lntbeqabB6wiB>iier^20(Bde|MOdiigoawadlM;ceb 4. SmowBcriniegwnrnt . • CcftoeeiihafcrciatuBltareadcwcitbBaKeaibydiB BM Ainm |~17D fM) «tkb cBdi bi^ «o 6ie aadb eUe. I1» ID t|B coB3|ileicd over been • CoiatfnbewiBlIwfcCMribdbC WRBIbertbbISWijfli • liqpteaoatfAniiDBBiqgbumiDeriOOIBApeDfiegoiwadbcr.coriiiiaosel'iheeaiXolc. Addi6oialteufimiSKdiBaiiMtiqgwiAWeod|y,talaBil|aBOoSvinberll,Bnz: t 5. VfaoB|Kst(i)bfioatflfte6reli|daaciiilbepertEbglaK«|pnilBCtii 6. bnpegalaBlotfcrl3pwiiiis|ileeeai;l2iCTW»SBttMrr»30*;l Wc ibo Brae to Rovlile a tioucbl fBiniiee of 150K of ofibe90fl,e(c nthAboffntbBbc fT,7> . FerltePhaaSqiCkMBOik6o«0ec(bgooOclobv21. « He6bovcfi*af6inais nd «o« fir ton 3 nd 4 Aon B 6^ p JB. no will irovidB • AalctduMffieaarwirviy AowiiBtoel3paldB4[nesHiditefcnoielcdAB3JbeiofbiiMdaoneatteWa(; •UeoftepBkbgtot IfAnbniMiBctiowoaeedtotaDqtiimektBBlEBOw. ‘jbgdcincoc eBBbiwyntoBivioB kbieodjcMr wppat for Ae Hope Obestfbr Bren Caxcr. " (^Vx">c^4(2*>y/J^4(^3 >t/o) = Bvl --.-f. - 2M % B ••••••i ^>2^-£«rrr:ir.'l'I _____ East 175.07 ifa f«nc« north of few V +/- , y,, - W <11 175.00 • •••••( ‘ 'dec. mater iiKdcfltt.. JC hc OI_i7^._ 80.0 1-STORY FRAME No.3850 80.0 roof over concrete wolk hydront ___(C __ wSLRioniJCjS sign overhead wires on One-, *^West 175.07 power pole concrete wolk curb cut SHORELINE„ ________ DRIVE ® (COUNTY ROAD No. 15) nemc A n county stak ao hghwat n . is. i curb PLAT 68 II I ■■:-l. SOUTH LINE or ocm. LOTS, SEC. 17, TTP. 117, R. 23 K€VlglQf^J4 Cii iwrp)/ "'30' u CL East 175.07 _______________ f#nc# north of line 1*+/- M-r—lh-------ikn 80.0 I J ^ctac. mater 1 1 1 f 1 S 1-STORY FRAME ® No.3850 o! ^ I 00 1i 80.0 roof over concrete wolk I16.9 _>Jock_wo!!jMonte;J "''"West 176.07>^.r"J;i '‘"2 concrete curb cut SHORELINE„ -------------- DRIVE " „^OUNTY ROAD No. 15) HCWCBN COUNTr STATE AC HOMWAY N.. 15.'l curb nn PLAT M 9 I SOUTH Line OF mvT. lots. sec. if, tup. uf. h. 2j /••’30' 2CC2 SuAMeV 1/1 Bones troo Wosene Anderlik & |\|| Associates Engineers & Architects September 24,2002 lontitroo, aeMiM, Andwllk and Aatoclaiai, Inc. It an Afflrmatlv* Atilon/tqual Oppornmliy fmplayar and (inploycc Owned Principjlf: Otto G Bonettroo. BE • Mj/v«n L Sorvele, FC • Glervi R Cook. Ff • Fobert G Schonkhr. FE • Jerry A. Bourdon. FC Senior Comulianii: Robert W Rosene. FE . Joseprt C Anderliit. PE • Ricnerd E Turner. FE • Susan M. Cberfin. CFA Aisociott Frincipolf: Keiin A. Gordon. FE • Robert R Prefrerie. FE • Richard W Foster. FE • David O loskota. FI. • Mark A Hanson. FE. • Michael T. Rautmanrs. FE. • Ted K Field. FC • Kerwieth F Anderson. FE • Mark R Rolfs. FE • David A Bonestroo. MBA. • Sidney F Williamson. FE. L S • Agnes M Ring. MBA* Allan Rick Scfwmdt. FE. • Thomas W Feterson. FC • James R. Maiand, FE • Miles B Jensen. FE • L Fhiiiip Gravel III. FE • Daniel J Edgerton. FE a Ismael Martmei. FE • Thomas A. Syfko. FE. • Sheldon j Johnson • Dale A Grove. FE • Thomas A Roushar FC • Robert J Devery. FE Offices; St Paul. St Cloud. Rochester and Wiilmar. MN • Milwaukee Wl • Chicago. IL \Mrbsite; www bonestroo com 2 5 oy-j CUTOrOao,>/o Wendy Bottenberg Zoning Administrator/Planner City of Oroiio Post Office Bo,\ 66 Crystal Bay. MN 55323 Re: 3S50 Shoreline Drive File No. 139-02-000 Plat No. 02-0000 Dear Wetidv: NVe inspected the parking lot improvements at 3850 Shoreline Drive yesterday prior to the council meeting. The parking lo*. was recently cnlx'^ged and surfaced with bitumifious paven’.ent. The wes* edge ot the parking lot was paved to the lot line and the rtorthwfst comer of the lot was expanded tc\v.ards an existing wetland. It .appears most of the parking lot drainage i.s directed northerly towards the cxi.stini wetland, fl.e parking lot has no curb and gutter to contain drainage from the site. .Stonn water ha.s eroded .several arca.s along the iioah edge of the parking lot washing gravel, sediments and debris towaf.l.-; the wetland. \Vc have the following comment.> with regards to engineering matters: • Silt fence should be installed immediately at the toe of the slope along the north edge of the pat king lot. The area between liie p;irking lot and the toe of the slope .should be covered with a minimum of 4-inchcs of topsoil and seeded or sodded to minimize further erosion • The e.xi.uing wetland should be delineated and a copy of the delineation repon submitted 'o the City for review. • VS c recommend at least 5-feet of bituminous be removed along the west lot bne. This area siiouid be vegciaied lo provide a ouffer to the ‘Vtjl. • The cw ner should provide a plan for parking lot revisions that wili manage the storm w ater. The plan should include concrete cuib and gutter, storm sewer and water quality provisions for s»oim water discharges to the north. Water quality provisions might include sump catch baM!i>. .sedimentation basins, or water gardens. Plans should be submitted to the Minnehaha Crees Watcrs.hed District for ibeii review «nd appioval If you ha\ e any questions please call me at (651) 604--IS6.V Your; \crv tmlv. nONIiSTROO. FOSnST. ANDERLIK & ASSOCIATES. LNC. Ton. Keliocrf Ce; Grr:y Gapp.t. City of Oruno 233S West Highway 36 ■ St. Paul. MN 55II3 • 65I-636-4600 • Fan: 6St-636 l3lt • • • Engineering • Planning • Surveying . Landscape Architecture C KUUSISTO LTP"S ' ~ ~ tiSS October 8,2002 Mr. Oreg Gappa Director of Community Services CityofOrono P. O. Box 66 Orono, MN 55323-0066 ^cr 1 0 p(\pp Re: Bay Home Funibhings, 3850 Shoreline Drive, Orono, MN RLK Project 8 2002-616-M Dear Mr. Gappa, Yesterday afternoon you and I met with your consulting engineer, Tom Kellogg, regarding the work that Mr. John Chenoweih had done on the above referenced property, speciflcally overlaying his parking lot. After discussing the issues raised in Tom Kellogg ’s letter of September 24,2002, with you and Tom yesterday, Mr. Chenoweth is willing to do the following; Item I A) • Erect a silt fence at the base of the slope that supports the parking lot. B) Place topsoil and seed on top of the existing slope and place a fiber mat over the topsoil until the grass has been established. C) Remove the silt fence once the grass on the slope has been established. Item 2 Mr. Chenoweth does not feel that the placement of asphalt on an existing parking lot should necessitate a wetland delineation. Item 3 Mr. Chenowith ’s neighbor recently constructed a new curb for a new parking lot nearly right on the property line considerably above the existing ground (which will require fill on Mr. Chenoweth ’s property to provide backfill for the new curb). Mr. Chenoweth paved over his existing parking area at the same grade. The bituminous is up against the fence and it has to be to allow trucks access to the existing loading dock. If a five foot setback is constructed, trucks will gQt be able to back into the loading dock. Therefore Mr. Chenoweth can not agree to the five foot setback. Item 4 Storm sewer was never needed on the site and once Item 1 is completed, Mr. Chenoweth believes that the storm water will qqj erode the bank and in fact since the water is not concentrated, will flow uniformly down the bank, rather than concentrated in one area. This will also allow the new grass on the bank to absorb anything that may be on the p irking lot. Offlcet- Hibbing • Minnetonka • Ham Lake • Twin Ports (9S2)9330972 • 600 Blue Circle Drive —Suite NM • Mnnctonkat,MN SS343'• FAX(952)933HS3 fquaf Opportunity Employtr taiBSti 1 r" Mr. Chmowctfi that tfiis letter be placed on the Planning Commission’s next regular y 5?* ^ consideration. Mr. Chenoweth will be in attendance to answer any questions you orthe Planning Commission Members may have. Sincerely, RUMCnasisto, Ltd. '^Oaiy E Arown. PJEOafyE«rown,PJE Senior Professional Engineer Cc: John Chenoweth. 38S0 South Shoreline Drive, Orono, MN 55391 •' ■'- -♦« % \ ‘ h 4 XT 2 8 2002 CITY OF OflONO Application Date: 8/27AI2 Completion Date: 8/27/02 60 Day Deadline: 10/25/02 REQUEST FOR COUNCIL ACTION Department Approval: DATE: 10/22/02 Name Wendy Bottenberg ITEM NO.: Title Zoning Adminstrator/Planner Agenda Section: Zoning Item Description: #02-2832 Randy Ameson 625 Deborah Drive Conditional Use Permit Zoning District: Lot Area: RR-] A One Family Rural Residential District (5 acre) 4.949 acres List of Exhibits: A Resolution B Staff Report and Exhibits of 1 Oj^ 1 /2002 1 . Section 10.03, Subdivision 9 (F): Accessory Building-Plumbing: Installation of any combination of Fixtures requiring wastewater plumbing that includes a toilet, shower or bathtub shall be allowed only in an accessory building that is conforming in location, size and height. Application Summary: The applicants have applied for a conditional use permit to allow plumbing in an accessory building. The accessory building will be used as a “work/storage room". It will be detached, 32 ’ x 60 ’ (1,920 s.f.), and located north of the residence. The work/storage room will be used for personal use and will include a bath room with sink and toilet. The property is located in the RR-1A zoning district. The City of Orono allows for the provision of plumbing in accessory buildings that includes a toilet, shower or bathtub. The accessory building is required to be conforming in location, size, and height. The accessory building (detached garage) does conform to location, size and height requirements set by code. In September 2002, the applicant applied for a building permit to construct the accessory building. Before a permit was issued setback, size and height requirements were reviewed for conformity. The accessory building meets all setback requirements for the RR-1 A zoning district. When the permit was issued the applicant was informed of the need for a conditional use permit. On-Site Septic System: The subject property is serviced by an on-site septic system. The location of the storage building will not interfere with the current septic system or future sites within the property. The existing septic system is conforming but located on the other side of the property and residence. The applicant is planning to install a holding tank because the accessory building is located at an elevation and distance where hotAing into the existing septic system is not technically feasible. The holding tank will be used for hadiroom facilities only. The garage will not have any laundry or shower/tub facilities. The accessory structure does not qualify frtnn the Zoning Code or Building Code to be used as a guest house or dwelling unit. The . H holding tank proposal has been approved by the on-site system manager, Matt Bolterman. The holding tank does require City Council approval. PLANNING COMMISSION: The Planning Commission recommended by a 7 to 0 vote to: Approve the application as presented. STAFF RECOMMENDATION: To approve the holding tank for the accessory structure. The holding tank has been approved by staff and the |»operty owner has agreed to a piunping agreement for the holding tank. (Included in report). To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. ‘frfirh rrm -iirnain i ______j cmroT ORONO MiHridpri Oflim SlTMt Mrtrtst: 2750 Mkf Paihway Orono. MN 55350 P.O. Box 60 CnfsUi Boy. m 55323^ TO:Wendy Bottenberg FROM: Matt Boltemuin, On-Site Systems Manager DATE:October 24,2002 SUBJECT: Holding Tank Review for 62S Deborah Dr The existing house has a compliant septic system and the owner wants to add a holding tank for a new unattached garage. The garage is located at an elevation and distance where hooking into the existing septic system is not technically feasible. The sewage from the garage will only be from a bathroom fiuility. The garage does not qualify from the Zoning Code or Building Code to be used as a guest house or dwelling unit. A pumping agri.*ement must be signed stating that the holding tank will be pumped only by a licensed pumper as soon as the alarm sounds. I recommend approval for the holding t^ for the garage. IWlifciai qBDmMBi • rintmiMMili PUMPING AGREEMENT FOR HOLDING TANK I/We,do hereby acknowledge that a holding tank (Name(s) of Owners) located on the property with the address of625 Deborah Dr. Shall be installed for connection to garage only, and must be in compliance with the City of the Orono Municipal Septic Code. The holding tank shall be allowed for bathroom facilities only. The garage will not have any laundry or shower/tub facilities. The garage does not qualify from the Zoning Code or Building Code to be used as a guest house or dwelling unit. Each time the alarm goes off, the tank must be pumped by a licensed pumping contractor and we must receive documentation that they were pumped. The owner acknowledges that pumpouts by anyone other than a licensed pumping contractor is a violation of city code. Terms of this agreement shall run with the property, not with the owner(s). Owner c> Owner Subscribed and sworn to before me this ____day of__________, '.V Sr' .. A' V • ( 2002. Notary Approved, On-Site Systems Manager Date ifibAd A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03. SUBDIVISION 9 (F) FILE NO. 02-2832 WHEREAS, Randy Ameson and Christina Ameson, husband and wife, (hereinafter "the applicants") are the owners of the property located at 625 Deborah Drive within the City of Orono (hereinafter "the City") and legally described as follows: Lot 3, Block 1, McCulley Farm, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have made application to the City of Orono to permit a "Plumbing in Accessory Structure - Conditional Use Permit" to allow a toilet and sink to be installed into an accessory structure. WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on October 21, 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 #02-2832. 2. This property is located in the RR-IA Zoning District where 5 acre is the minimum required lot area. The property consists of approximately 4.949 acres. 3. The Orono Planning Commission reviewed this application on October 21, 2002 and recommended approval by a vote of 7 to 0 of a conditional use permit for plumbing in an accessory structure to allow for a toilet and sink based on the following findings: A. The proposed use of the accessory structure with plumbing will not be Page 1 of S 4. 5. detrimental to the residential character of the neighborhood. B.The plumbing fixtures proposed are in keeping with the intended use of the accessory structure. C.The property location, size, and height meet minimum requirements to allow a conditional use permit to be granted The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed conditional use permit on the health, safety and welfare of the community. The City Council finds that granting a conditional use permit to allow plumbing in an accessory structure, to include one toilet and one sink will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties; nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit to allow plumbing in an accessory structure to include a toilet and sink, subject to the following conditions: 1.llie property owner agrees to the filing of a covenant for plumbing in an accessor)' building in the title of the property providing the following: A. Ihe accessory building will not be used for a home occupation unless specifically approved by the City or if allowed by City Code. B.The accessory building will not be used as a dwelling unless a guest house conditional use permit is obtained. C. The accessory building will not be rented, leased or otherwise provided for Page 2 of 5 w use as a dwelling under any circumstances. 2.The property owner agrees to the filing of a covenant for an oversized building in the title of the property. 3. 4. The property owner agrees to a pumping agreement for the holding tank. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval or the special conditions of this resolution will expire on that date (October 28,2003). 5.Violation of or non>compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6.The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 28th day of October, 2002. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner (s) STATE OF MINNESOTA COUNTY OF HENNEPIN Page 3 of S The foregoing instrument was acknowledged before me on this 28th day of October, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN day ofThe foregoing instrument was acknowledged before me on this _______ ____________, 200____by Linda S. Vee, City Clerk ol the City of Orono. a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of .^20. _ personally appeared before me, ____who is personally known to me ____ whose identity I proved on the basis of ____whose identity I proved on the oath/affirmation witness .a credible and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notarv' Public STATE OF MINNESOTA COUNTY OF HENNEPIN Page 4 of 5 f 11 t i ► On this day of ^ 20__, _ personally appeared before me, ____who is personally known to me ____whose identity I proved on the basis of ____whose identity 1 proved on the oath/affirmation witness , a credible and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public I ■ Page 5 of 5 »• CITY OF ORONO COVENANT FOR LIMITED WASTEWATER PLUMBING IN AN ACCESSORY BUILDING THIS COVENANT, made and entered into this___day of 2002, by Randy and Christina Ameson (husband and wife), (hereinafter referred to as "Applicants") and the City of Orono, a Minnesota municipal corporation (hereinafter referred to as the "City"). WITNESSETH: WHEREAS, Applicants have made application to the City for the installation of limited wastewater plumbing in an accessory building on property in Hennepin County, State of Minnesota, legally described as: Lot 3, Block 1, McCulley Farm, Hennepin County, Minnesota (hereinafter referred to as "Subject Property"); and WHEREAS, 'limited wastewater plumbing' for purposes of this Covenant shall include all interior wastewater piping and fixtures; and WHEREAS, City stafThave reviewed Applicants' application and have found that the building proposed for the installation of limited wastewater plumbing has met the standards established within Section 10.03, Subdivision 9(F) of the Orono Municipal Code to allow installation of limited wastewater plumbing; and WHEREAS, Applicants are aware that according to Section 1 0.03, Subdivision 9(F), specific conditions exist under which limited wastewater plumbing may oe allowed within an accessory building; and WHEREAS, Section 10.03, Subdivision 9(F) allows issuance of a permit for installation of limited wastewater plumbing in an accessory building conditioned upon the execution of this Covenant and its filing in Applicant's chain of title; and WHEREAS, in order to identify all parties within an interest in the subject property, the Applicants are required to provide title information to City staff as requested. All parties with an interest in this property shall sign this covenant. NOW, THEREFORE, THE PARTIES TO THIS COVENANT AGREE TO THE FOLLOWING: 1. Applicants' request for installation of limited wastewater plumbing within the accessory building to include one toilet and one sink on the Subject Property if approved conditioned upon the execution of this Covenant by the City and the Applicants. 2. The following conditions shall control the installation and use of the limited wastewater plumbing: Page 1 of 5 . wrr A) The accessory building shall not be used for a home occupation unless specifically approved by the City or if allowed by City code. B) ' The accessory building will not be used as a dwelling unless a Guest House conditional use permit is obtained from the City. C) The accessory building will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. 3.This Covenant shall be binding upon current and future owners of Subject Property, and shall be filed within the chain of title of the Subject Property. 4.Fee owner(s) of the Subject Property, if not the Applicants, consent to the execution of this Covenant and to its terms, as shown by their signatures upon this document. CITY OF ORONO: By:. Its Mayor By:. Its City Clerk ACKNOWLEDGEMENT STATE or MINNESOTA COUNTY jF HENNEPIN The foregoing instrument was acknowledged before me on this___day of____, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation anJ said instrument was executed on behalf of the City. Notary Public Page 2 of 5 L. STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of . 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 APPLICANT(S): By:. By:. ACKNOWLEDGEMENT (APPLICANTS) STATE OF MINNESOTA COUNTY OF HENNEPIN this day personally appeared before me, ____who is personally known to me ____whose identity 1 proved on the basis of ____whose identity I proved on the oath/affirmation of 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 Page 3 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN On this personally appeared before me, day who is personally known to me whose identity I proved on the basis of whose identity 1 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 fiee act and deed. Notary Public FEE OWNER(S): By.. By:. ACKNOWLEDGEMENT (FEE OWNERS) STAl E OF MINNESOTA COUNTY OF HENNEPIN this day 20 personally appeared before me, ____who is personally known to me ____whose identity 1 proved on the basis of ____ whose identity 1 proved on the oath/affirmation 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 Page 4 of 5 On this personally appeared before me. day who is personally known to me whose identity 1 proved on the basis of whose identity I proved on the oath/afRrmation 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. ! ! . ( ‘ ftr . CITY OF ORONO COVENANT FOR OVERSIZED ACCESSORY STRUCTURE THIS COVENANT, made and entered into this day of 20__, by Randy Ameson and Christina Ameson (husband and wife). (hereinafter referred to as "Applicants") and the City of Orono, a Minnesota municipal corporation (hereinafter referred to as the "City"). WITNESSETH; WHEREAS, Applicants have made application to the City for an accessor}’ structure on property located at 625 Deborah Drive (PID 31-118-23-23-0003) in Hennepin County, State of Miimesota, legally described as; Lot 3, Block 1, McCulley Farm, Heiuiepin County, Minnesota (hereinafter referred to as "Subject Property"); and WHEREAS, City stafThave reviewed Applicant's application and have found that the structure requested is defined within Section 10.03, Subdivision 9 (C) of the Orono Municipal Code as an Oversized Accessory Structure ("OAS"); and WHEREAS, Applicant is aware that according to Section 10.03, Subdivision 9 (CK3Xc), specific conditions exist for an allowable OAS; and WHEREAS, Section 10.03, Subdivision 9 (C)(3)(c) allows issuance of a permit for i nstruction of the subject OAS conditioned upon the execution of this Covenant and its filing in Applicant's chain of title; and WHEREAS, in order to identify all parties within an interest in the subject property, the Applicant is required to provide title information to City staff as requested. All parties with an interest in this property shall sign this covenant. NOW, THEREFORE, THE PARTIES TO THIS COVENANT AGREE TO THE FOLLOWING: I.Applicant's request for one (1) Oversized Accessory Structure ("OAS") on the Subject Property is approved conditioned upon the execution of this Covenant by the City and the Applicant. 2. The following conditions shall control the existence of the OAS: A) No future subdivision of the Subject Property will be approved that places the OAS within a lot that has no principal structure. Page 1 of S Should Applicant wish to subdivide the Subject Property, the OAS may remain without a principal structure for a period to be determined by the Orono City Council. If no principal structure is fully constructed and completed on the property by the end of the determined period, the OAS must be removed. Should Applicant subdivide the Subject Property, the OAS and the principal structure shall be located within the same lot, w^'-'h meets the minimum lot area requirement based upon the size of the accessory bi mg, which lot area requirement is detailed in Section 10.03, Subdivision 9 (' ^ of the Orono Municipal Code. Setback requirements as defined in Section • j.03. Subdivision 9 (CXa) shall also apply. 3.This Covenant shall be binding upon current and future owners of Subject Property, and shall be filed within the chain of title of the Subject Property. 4.Fee owner(s) of the Subject Property, if not the Applicant, consent to the execution of this Covenant and to its terms, as shown by his/her/their signature(s) upon this document. CITY OF ORONO: By:. Its Mayor By: Its City Clerk ACKNOWLEDGEMENT STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing insmunent was acknowledged before me on this ___day of ____. 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said insmunent was executed on behalf of the City. STATE OK MINNESOTA COUNTY OF HENNEPIN Notary Public The foregoing insmunent was acknowledged before me on this day of____,2002 Page 2 of 5 by Linda S. Vee, Gty Cleric of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public APPLICANT(S): By:. By:. ACKNOWLEDGEMENT (APPLICANTS) STATE OF MINNESOTA COUNTY OF HENNEPIN this day 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/aifirmation 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. J Notary Public Page 3 of 5 rnim STATE OF MINNESOTA COUNTY OF HENNEPIN On this personally appeared before me. day who is personally known to me whose identity I proved on the basis of whose identity 1 proved on the oath/aflirmation 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 FEE OWNER(S): By;___________ By;___________ ACKNOWLEDGEMENT (FEE OWNERS) STATE OF MINNESOTA Cv ^^'NTY OF HENNEPIN this day personally appeared before me, ____ who is personally known to me ____whose identity 1 proved on the basis of ____ whose identity 1 proved on the oath/afTirmation of credible witness .,a and who executed the foregoing instrument, and acknowledged that he/shc/they executed the same as his/her/their free act and deed. Notary Public STAn- OF MINNESOTA Page 4 of 5 COUNTY OF HENNEPIN On this personally appeared before me, day 20 is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/afiirmation of. credible witness a and who executed the foregoing instrument, and acknowledged that he/shc/they executed the same as his/her/their free act and deed. Notary Public Page S of 5 bllMMMit ■'tlllMi III tl I --rf- tlilAFt CITY OF ORONO COVENANT FOR LIMITED WASTEWATER PLUMBING IN AN ACCESSORY BUILDING THIS COVENANT* made and entered into this day of 2002, by Randy and Christina Ameson (husband and wife), (hereinafter re*"^rred to as "Applicants") and the City of Orono, a Minnesota municipal corporation (hereinafter referred to as the "City"). WITNESSETH: WHEREAS* Applicantc h?.ve made application to the City for the installation of limited wastewater plumbing in an ''ccessory building on property in Hennepin County, State of Minnesota, legally described as: Lot 3, Block 1, McCuliey Farm, Hennepin County, Minnesota (hereinafter referred to as "Subject Property"); and WHEREAS* 'limited wastewater plumbing' for purposes of tills Covenant shall include all interior wastewater piping and fixtures; and WHEREAS* City staffhave reviewed Applicants' application and have found t lat the building proposed for the installation of limited wastewater plumbing has met the st indards established within Section 10.03, Subdivision 9(F) of the Orono Municipal Code to allow instillation of limited wastewater plumbing; and WHEREAS, Applicants are aware that according to Section 1 0.03, Subdivision 9(F), specific conditions exist under which limited wastewater plumbing may be allowed within an accessory building; and WHEREAS. Section 10.03, Subdivision 9(F) allows issuance of a pennit for installation of limited wastewatei plumbing in an accessory building conditioned upon the execution of this Covenant and its filing in Applicant's chain of title; and WHEREAS* in order to identify all parties within an interest in the subject property, the Applicants aic required to provide title information to City staff as requcMcti All parties with an interest in this property shall sigi. this covenant. Page 1 of S NOW, THEREFORE, THE PARTIES TO THIS COVENANT AGREE TO THE FOLLOWING: 1. 2. 3. 4. Applicants' request for installation of limited wastewater plumbing within the accessory building to include one toilet and one sink on the Subject Property if approved conditioned upon the execution of this Covenant by the City and the Applicants. The following conditions shall control the installation and use of the limited wastewater plumbing: A) The accessory building shall not be used for a home occupation unless specifically approved by the City or if allowed by City code. B) The accessory building will not be used as a dwelling unless a Guest House conditional use permit is obtained from the City. C) The accessory building will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. This Covenant shall be binding upon current and future owners of Subject Property, and shall be filed within the chain of title of the Subject Property. Fee ownerfs) of the Subject Property, if not the Applicants,' n . to the execution of this Covenant and to its terms, as shown by their signatures upot..... j document. Page 2 of S CITY OF ORONO: By:. Its Mayor By:. Its City Clerk ACKNOWLEDGEMENT STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this___day of ____, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of____, 2002 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 5 J APPLICANT(S); By:. By:. ACKNOWLEDGEMENT (APPLICANTS) STATE OF MINNESOTA COUNTY OF HENNEPIN this day 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 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 MINN iSOTA COUNTY OF HENNEPIN On this personally appeared before me, day 20 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 FEE OWNER(S): Page 4 of 5 By:. By:. ACKNOWLEDGEMENT (FEE OWNERS) STATE OF MINNESOTA COUNTY OF HENNEPIN this day personally appeared before me, ____who is personally known to me ____whose identity 1 proved on the basis of ____ whose identity I proved on the oath/affirmation of. 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 MINNESOl A COUNTY OF HENNEPIN On this personally appeared before me, day who is personally known to me whose identity 1 proved on the basis of whose identity I proved on the oath/afTirmation of, credible witness ..a and who executed the foregoing imstrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Page S of 5 ^ rllf ______ ., _______. ^ r ^V^>!. ^ . . . . ' . . ' ^ I i . • * * : ;./• • '.*/ • f* ^ • • / • ‘ i' :v«>. :* « m 'y ' tm,'r !• ^ ' // ?0is0^ w'i n jjt ’ •• vv.;-;;r . j/.<i-« > / T»',r. 4 Vf iVji t ^.If X ' k ♦»/ -• r-". c. '• < life 3 I- (igr- 23- v-iMi: iif :. ■. .c' ••^rrf|f4Q OCT 2 8 2002 REQUEST FOR COUNCIL ACTION ^ ^ ClirurOHONO DATE: September 19,2002 ITEM NO.: 9 Dcpartmeat Approval: Name Paul Weinberger Title Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description:#02-2833 G&G Holding Company 1160 Loma Linda Avenue Variances List of Exhibits: A B Resolution October 15,2002 • Staff Report and Exhibits Application Background and Summary: The property owners have requested variances to lot area and lot width to permit construction of a new residence on the property. Variances to the following section are required: Section 10.24, Subdivision S (B): Lot Area/Lot Width Standards Required Lot Area 1 acre (43,560 s.f.) Actual Lot Area “ 0.65 acre (28,190 s.f.) Required Lot Width » 140' Actual Lot Widths 113' Planning Commission Recommendation: By a vote of 7 to 0 the Planning Cunimis.sion recommended approval of the variances based on the following findings: A.The property has been developed as a single-family residential property since, at least, 1925. B. C. The property is connected to sanitary sewer. An adequate building site has been demonstrated that requires no variances to lot coverage, setbacks or hardcover. D. 1'he lot is consistent with other properties in the locality. COUNCIL ACTION REQUESTED Motion to adopt the resolution approving lot area and width variances to permit construction of a new house on the property. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) FILE NO. 02-2833 WHEREAS, G&G Holding Company, Inc., (hereinafter "the applicant") is owner of the property located at 1160 Loma Linda Avenue within the City of Orono (hercinaAer "the City") and legally described as follows: Lots 14 and IS Loma Linda, Hennepin County, Minnesota (hercinaAer "the property"); and WHEREAS, the applicant has applied for variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit new construction on the property with a defined lot area of 0.65 acre where 1 acre is required and a lot width of 113’ where 140' is required: and WHEREAS, aAer 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 October 21,2002, at which time all persons desiring to be heard concerning this application were given the opportimity to speak thereon. Minnesota: NOW, THEREFORE, BE IT RE.SOLVED by the City Council of Orono, FINDINGS 1. 1 his application was reviewed as Zoning File #02-2833. 2.The property is located in the LR-IC, Single Family l^eshore Residential Zoning District where 1 acre is the minimum lot size and 140 feet is the minimum lot width. The property is 28,190 s.f. and has a lot width of 113'. 3.The Planning Commission reviewed the application for variances and recommended approval by a vote of 7 to 0 based on the following findings and hardships: Pqge I of 5 4. 5. A.llie 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 rev iewing such proposals. The property is connected to sanitary sewer and the house would be located in an area above the regulatory flood plain. B. No variances to hardcover, lot coverage or setback standards are required. C.Hennepin County Tax Records indicate, this property has been developed as a single-family residential property since at least 1925. D. An existing non-conforming shed located in the 0-75 ’ lakeshorc setback shall be removed to bring the property into greater conformity. The City Council finds that the conditions existing on this property arc peculiar to it and do not apply generally to other property in this zoning 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 serv e os a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or ditTiculty; 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. Tlie 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 elTect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS. ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit new construction on the lot with a defined lot area of 0.65 acre where 1 acre Is required and a lot width of 1 13* where 140' is required, per the site plan attached to this resolution as Exhibit A. subject to the following conditions: 1.All erosion control measures, as recommended by the City Engineer, shall be in place prior to construction of the new residence. Page 2 of 5 2. 3. 5. The existing shed within 75* of the lakeshore shall be removed simultaneously with the existing house. Authorities granted by the variances 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 (October 28,2003). 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 ar.y 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, suceessors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 28th day of October, 2002. ATfEST: I inda S. Vee, City Clerk Barbara A. Peterson, Mayor OlTicial Representatives of G&G Holding Company, Inc. STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 28th day of October, 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 l^eSofS uaulilaAii STATE OF MINNESOTA COUNTY OF HENNEPIN day ofThe foregoing instrument was acknowledged before me on this______ ___________, 200 ____by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of ..20.. personally appeared before me, ____who is personally known to me ____whose identity 1 proved on the basis of ____whose identity 1 proved on the oath/affirmation witness .,a credible and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public On this day of ..20.personally appeared before me, ____ who is personally known to me ____whose identity I proved on the basis of ____ whose identity I proved on the oath/aflirmation witness a credible and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Pa^4of5 >:■ ir P9s* Hi O* H* ft • * Complete Date: 9/12/02 DeadUne: 11/11/02 TO;Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Paul Weinberger, Zoning Administrator DATE: SUBJECT: October 15,2002 #02-2833 O&G Holding Company 1160 Loma Linda Avenue Variances List of Eahibits: A Applicant letter and statement of hardship B Application C Site Plan D Plat Miq> E Hardcover Calculation Worksheets F Building Plans/Elevation Views G Preliminary Grading Plan H Property Owners Notification List Application Summaiy: The property owners have requested lot area and lot width variances to permit removal of the existing house and construction of a new house on the property. Pertinent Code Sections: Section 10.24, Subdivision S (B): Lot Area/Width Standards for the LR-1B District Required Lot Area » 1 acre/43,S60 s.f. or 34,848 s.f. -(80% of lot area standar(^ Actual Lot Area 28,190 s.f Required Lot Width ■> 140’ or 112’ -<80% of lot width standard) Actual Lot Width "in* Section 10.03, Subdivision 6 of the zoning ordinance allows lots meeting 80% of the lot standard to area and width to be considered legal record lots. This lot does meet the 80% standard for width only. M2-2I33 GaOHot««CM^ IIML Analysis The w>‘cant ^perty is a 0.6 acre lot with approximately 113’ of frontage on Lake Minnetonka. IIJ ^slsict where a minimum lot size of 1 acre and a lot width of 192s”** to Hennepin County recoids the lot was originally developed in Review of Hardship Tta applicant’s sl^ hardships are detailed in E»hibit A. No variances other than lot area and widtb are proposed. Proposed Hardcover The property is in the Shorelmd Overlay District. The existing shed located within 75’ of the lakwhore ^ wi* *e existing ho»Jse. No hardcover will remain within 75’ of the 0%0>75 Setback 75-250’ Setback 4^56 s.f. (23.24%) (25% allowed) 250-500’ .*?etback 525 s.f (24.4%) (30% allowed) No liardcover variances are required. Staff Recommendation Staff recommends approval of the variance application based on the following findings: • •»*“ developed as a single-fiuiiily residential property since, at least, • The property is connected to sanitary sewer. • An adequate building site has been demonstrated that requires no variances to lot coverage, setbacks or hardcover. • The lot is consistent with other properties in the locality. •n-au oaoHoMii«CM^ IIMLsMUMtAt ra|i2 •i 1 Subject to the following conditions: 1.All erosion control measures^ as recommended by the City Engineer, shall be in place prior to construction of die new home. 2. The existing shed within 75 vi i# s lakeshore shall be removed simultaneously with the existing house. Options for Action: 1. Recommend approval. 2. Recommend denial, stating reasons. 3. Table, giving i^licant direction. 4. Other action. fca-2U) oacHoMmCMipiny IIWUMLMtAvMM tiiieef, shall be in place I simultaneously with the LUELLA G. Gk>LDBERO 7019 TUPA DRIVE NEAPOUS. aUNNESOTA 55439-1049 TEDi (959)941-2094 PAXi (959) 941-9040 September 9,2002 • o. ^,tOizA. An To The Orono Planning Commission and City Council, We are requesting a variance in order to replace a very old existing cottage that is no longer functional or safe for us to use or occupy. We purchased ^ cottage at 1160 Loma Linda Avenue in 1966 from the femily that had buih it (approximately 100 years ago). For thirty- five years, our femily has enjoyed and appreciated grratly thh beautifiil part of Lake Minnetonka. We would like very much to be able to continiM to have a safe and functional home on this property and to be able to continue our femfly’s enjoyment of this property. The proposed new structure will be in compliance entirely with Orono’s hard-cover requirements, set-back requirements, etc. The variance relates only to the lot size (slightly under one acre) and width (110 feet wide by 300 feet deep). The lot at 1160 is among the larger in the area, has had a structure on it for almost 100 years, and is folly served by city sewer, which we have paid for since it was put in many years ago. The property on either side of the lot for which we are requesting a variance is owned ly us, and each has a new structure on it, which is occupied by our children and grandchildren. Without a variance, 1160, the largest of the lots, will remain with an unusable and unsightly cottage on it. With the variance, a safe and functional home, that will be in keeping with the structures on the lots to either side of 1160, can be buih there to be enjoyed fer into the future. Ihank you for your consideration. Sincerely, Luella G. Goldberg L/ I • ^ ^ y . i .) B CITY 0£ ORONO - VARIANCE APPLICATION Initial Application Fee S250.00 ($50.00 per each additional variance) Renewal Variance Fee SI50.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) Applkatlon H Date Received Amount Paid PROPERTY INFORMATION Site Address 1160 Lome Linda Avenue________ Property Identification Number (P.l.D.) 08-117-23-23-0014 Attach legal description to application if not included on required survey Date Property Acquired Sept 1966___________________________(month/year) I (do) (do-not) also own the adjacent parcels of land. Present use of property: y residential Zoning District: lr-IB __________ other (specify). APPLICANT Name Vintayg Butldera In»» Address: 3328 isiat st. Phone (home). _____ Phone (work) 651-423-5531 City: Rosemount. MN_____ZipS5Q68 OWNER (if different than applicant) L^eiia g Goldberfhonc (home),ai2=a4L.2fi24 NameG&C Holding Co. Ltd. Partnerahlo______ Phone (work) Address: 7019 Tupa Drive___________City: Edina Zip: 55439-1643 DESCRIPTION OF REQUEST Estimated Construction Cost $510.000 Describe request in detail: Removal of old structure and the construction of a nou home. ~ ------------------------------ (attach additional sheets if necessary) VARIANCES REQUIRED X Lot Area x Ut Width Setback:Front Side Hardcover Rear Lot Coverage Average Lakeshore Other (specify) HARDSIIIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements:______________ Sss Attached Hardship Lcttar (attach additional sheets if necessary) m ^v' sM'‘m %i !ii ... • iw-■ ■ •^ 1.*^/ • •*» *«• 7*^//ssz?* VACATED SERfR3 ROAD EAST CABM 264.07 1 ri I OF LOTS 14 AND 15, LOMA HLNNEPIN COUNTY, MINN 30! XL OCSCRIPTION or PRCMISES t i 14 ond 15. Lemo Lindo d«not«a iron morkor ings thown or% bottd upon on ossijntd dottm. ! f- LAKE MIN NORTH OONTOUt UC PROPOSED E 1) Coro9« •■ 2) First M 3) Bostmer 0 LOMA LINDA AVE 40 00 90 ao # 90 20 J) 5 jf JO r 5S*8 s «n 27 i M M§ t-/.to \. /. •«'ao 90 (22) so 40 «« V %• •$ ¥ Nto 21 f204 « 9 M JJ §24 « (n jt5 T2IJ 40 90 to to 40 HI?-------------- rev (' y (* r 8 fk « 9 (h « 8 90*__2_lJ 8 m90y»o 'C(IViX (26) t» .! (14)' 8 W strorti’wmn LOMA UNDA AVE //7-Z.3 K U6) JU 7Vt y' • • f .f 'T : *' u J <1^ Q^^arcel Infonnation ^:4>/ / > . * V ••.. '-I .%• f • t ■ i.- ' Pare«l ID M1172ia90014 H oum NtimiMr 11M DI tmI NanM LOMA UNDA AVI fM A not • togaiiy/tconMffliVL It fV'Mffltt • coriipIMiion of ln<brmt«fori •ntf (tot* Ihm OltK. County, and &M» food MAorWM and oMoroourcM. itHM ■>—. MM*.— Ii* t/f*^rAC€ B • • % J •• # t J HARDCQVOlCALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 75-250' 250-500' EXISTING HARDCOVER IN 7.nNF ^ - ___________ X » 500-1000' A. House Length X X X B. Oarage C. Driv*eway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain ByPIttlic Ot Fabric X X X 0. Ocher TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _____________ -r B PROPOSED HARDCOVER IN 2QNT/ A. House ______________ X Length X X X B. Oirige C. Driveway X X D. Sidewalk X X E. Paiio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X 0. Other Tv*)TAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ♦ 8 Wicth X ICO Width SF. S.F. S.F. S.F. - S.F. S.F. S.F. S.F. SF. S.F. S.F. SF. S.F. S.F. S.F. _S.F. ___S.F. 0.99 V. 77 A B S.F, S.F. S.F. S.F. SF. S F.- • ST. S.F. S.F. S.F. S.F. S.F. ST. xlOO 77eo S.F. A SF. B K attlMTi'H J HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE A House ______ 0-75' X l4n|di X X X B. Oarage C. Driveway X X D. Sidewalk E Patio/Deck X X F. Landscape Underlain By Plutic Or Fabric X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _______ B PROPOSED HARDCOVER IN ZONF/ A House Ltngth X X X B. Oarage C. Drivewty X X D. Sidewalk X X E. Patio^eck X -A X F. LandKape Underlain By Plastic Or Fabric X X X 0. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ _ __ _ _ ♦ B 75-250'250-500' SOO-1000' - lift/ ____S.F. Wid'Jl as mm X 100 Width IlS- SS9 SCO S83 A tS€ HO X 100 - ___ jEiBitaL. S.F. SF. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. SF. A S.F. A J/i? S F. B % 2589 s F. S.F. rr^0.^ S.F. S.F. S.F. S.P.- • S.F. S.F. S.F. S.F. S.F. S.F. SF. SF. A SF. B H 1 9-12-©2* UARDCOVEU CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) EXISTINC HARDCOVER IN 70NI. A House 0-75' X 75-250* <^b.S0U^500-1000' Ltngih WidUi X X X B. Oarsge C. Driv'eway X X D. Sidewalk X X E. Patio/Deck • -• X X F. Landscape Underlain By Plastic Or Fabric X X X 0. Other SF. SF. S.F. SF. SF. SF. SF. S.F. S.F. S.F. S.F. S.F. S.F. SF. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE S.F. A /7Sa S.F. BA * B X100 -Vo• PROPOSED hardcover IN 70VTT • A House X ■1 S.F. L*n|ih Width , X at SF. X at S.F. X ■SF B. Ovage x CB SF C. Driveway x ca SF — • • X B s V • • D. Sidewalk x aa SF X a i F £. Patio/Deck x ■I S F X m SF F. Landscape v m SF.Und^iin v m SF.• . By Plastic v m.SF.OrFibric• mm* 0. Other . x SF . total HARDCOVER IN ZONE TOTAL PROPERT Y ARE A IN ZONE A SIS SF. A /7Ta S.F. BA ♦ B X100 ■%m • # • • » W 4 I • • I \! IIB. • ■—I- - » !t . ______ ♦•i.* •». I'..,« A I I'J'*'I'! !!? h! i:::'isMhr :i:u{|::i::: :*1 ; .; sa Ri':!iQ!|iiiPi|i4iiiii iit SSi SSi '• •iiii II I ( mm. I I• • I I 1 -Tar* I I {j^i:iK«Ktiaa:i:jm:::mnnta:::K::s:;!:f!;j:;r:;::it;ii ^ <?(j) 9 I i E& I 9 <? .,1 99 9 I I I • • • I I 9 -rJf® r-*ir7# 111.1 ■ i'ijul U ik --I'll I JSBS im =BI iiiiiffiliii il**ill* »■ Ml^^;BBIl^^i^K !s^0!ssspimim lilfe si ----1 MKIUISIMOinciS I 'J I mtrnmm • miwp»m ( ,.: .in COiOOCRG CAUi^ >: I I ^ Hf I c/JtlKOH ELEVATIONS m A3.ni r '[i< II'IV llrfi'lil I Bj:j I Ilf I ti II 1‘iu r ni I'Mi I I III ■ Ilf ■ III I II l| I'lU !'l t III I mil nil • tit* -f !~’i................. 'ilXili in. I .n I I .-...I. fJIIIIIIIII llllll hnm I 1 >•1 iWftniwwt. (p © ^ (p (p (p t itL o<o ‘irBi I ! TII MfilURSiMdlKClS • mmm • MiMna« • .*« tua •'•f* J*.;*.-*;? I* -*x ■ “*■'SS|» f*** H .liii ■ coioecRc CABt XTEr-'OR LEVATIONS A3il2 —»—»»». ■rwuwii I I ^ 1 WUMI—I T> —53S^- *. r^J K K ‘ i ‘i.'«: .'t *• T: ?? > t rJ. ^ f. H.»». -L! / .“i ,^l • ,f, j .1 *i :• 1*1 •• *VL : 1’: *’v iini MDl isjiiljjsili t*•••»•t•t■«•••,,., „ » •'.•.•.• • I* K *J i.‘ K K K K • t ■■iil iim llral ■¥■-.......— -i-A—I------TAij- I v-i- •■ K TI ! «—«»-.■ t ff Ti a rL \ I saaaSSa- -^-.—r-.H—-..-■> »................H- I i ! kX.5_....Ld:::^i. *“~7 i:fi: r.*i i*•.• :• - • >•!• • • • •’ IDD •••.-■*• ZAA _j____ t«HaiWlllC«tCI5 « 7 <D -<s) © mMcua © IVSSSSA-JSSSSS^ G(X06£AG CA8M SECOND FLOOR PLAN • ••..) *J liteilAk 11 r:-rr-—-”T] 1 ! y5v |«SfliSiK-1 •k 1 r.- ■■ r sri 'M*: 4 i-' V^iT..'h"..* ;■ ; '.HI. •■• ' •7‘ r'/v ■'■■■. ^ r. *iUf.^fjy^f>i S'l-,.'! -# IV !.-• •• ,k - 4- •> ■ .• «M DATE t9/M/M ■ATCN IM TANPAVt* NANE/ADM OHNIt NANI TAXPAVni NAHE/AIM M vr'iir-ts 14 ••12 •1141 LflNA LIMA AVE JEEEEEV • JOM »BW ETAL JEFF D JMWflW 114B LONA LIMA AV US44 M •••117-ES tS EaiE •11«A LONA LINDA AVE lUTTMN N MJRM NATTNEW N MOM IlOA LflNA LINDA AVE NOIMD NN ffS44 MNNEFIN COUNTV fflflKflTV INFORNATiaN SVSTEN fflOPERTV ONNERS LIST M •7-117-ES 14 flOlS •USE LONA LINDA AVE EUOEM OEVEN ETAL EUOEM A OEVEN IIU LflNA LIMA AVE HflUM NN SSS44 SO •••117-2S 23 •••3 •IIM LONA LINDA AVE N A I E C HITCNELL mm A/ELXZAOETN C NITCNELL IIM LONA LINDA AVE NOIMD NN SB3A4 OlPOIIT M. M43S4«1 PACE 3 SO 07-117-23 14 •••• •llOS LONA LINDA AVE S T LEON S N TONIES SANTIAOO TOMES UON NATNALIE TOMES IISS LONA LOOM AVE NOIMD NN SS344 50 ••-117-23 23 ••12 •113« LONA LINDA AVE W H MCNNANN I N L NILLXAN 0 NANCV DOCKNAMI 113* LONA LINDA AV NOIMD NN SS3M ONMN NONE TAMAVEI 30 OO-lll-lO 23 0013 •1140 LflNA LINDA AVE 0 S 0 NOLDIM CD LTD PTNHSIV DSD NOLDIM CD LTD PTNMir C/D LUELLA OOLODEM 7S14 TUPA M EDINA NN BS4S4 0 30 •0-117-23 23 OOM •114« LONA LINDA AVE OSD NOLOmO CD LTD PTNHSNP DIO NOLDIM CD LTD PTNMNP C/O LUELLA OOLODENO 7«1« TUPA M EDINA NN BS439 3« ••-117-23 23 ••IS •117^ LONA LIMA AVE • SO NOLDIM CO LTD PTMSNP e • 0 NOLDIM CO LTD PTNMNP 7019 TUPA DO EDINA NN SS439 TAMPAVEO NAHE/AOM SO 00-117-21 2S ••!• •••SS AOOMSS UNASSIONED NENMPIN POOPEITED LAM CITV OP DOOM P D IDS M CNVSTAL DAV NN BS32S 30 00-117-23 23 •024 •U22 LONA LINDA AVE 0 10 NOLDIM CO LTD PTMHP 0 10 NOLDIM CO LTD PTMNP CA> LUELLA GOLOSEm 7019 TUPA DO EDINA NN SS439 TOTAL BATCH 502 •••11 DATt?-/<!^"gg #2833 Application Date: 60 Day Deadline: 9/17/02 11/15/02 CCT 2 6 2002 CITY U^UHONO REQUEST FOR COUNCIL ACTION DATE: October 23,2002 ITEM NO.: ^ Department Approval: Name Wendy Bottenberg Title Zoning Administrator Administrator Reviewed:AgendaScctii Zoning Item Description: #02-2835 Thomas Frederick Adams Variance Renewal 500 Orchard Park Road Zoning District: List of Exhibits: RR-1A One Family Rural Residential District A B Resolution Planning Report (October 21 ,2002) Application Summary: The applicant has applied to renew variances that would permit relocation of the existing house to the center of the property and to permit an existing accessory building to be closer to the front property line than the principal residence. On July 23,2001, the owner of the subject property was granted the variances and since a building permit was not requested within one year of the variance approval the variance has expired. Staff Recommendation: Staf)'recommends approval of the variance renewal subject to the conditions as approved by the Orono Cit>' Council in the resohition approving the variance in 2001, including; •the accessory building shall be completed and a final inspection approved prior to issuing any permits to penriit the house to be moved and/or remodeled. •All other accessory building (except for approved garage) shall be removed prior to issuance of any permits for relocation of the house. Planning Commission: Planning Commission recommended by a 7 to 0 vote to: To approve application as presented. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (A) AND (D); AND SECTION 10.27, SUBDIVISION 5 (B) FILE NO.02-2835 WHEREAS, Thomas Frederick Adams, (hereinafter "the applicant") is the owner of the property located at 500 Orchard Park Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 11, Orchard Park, Hennepin County, Minnesota, (hereinafter “the property*); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (A) and (D) to permit an accessory building to remain on the property following removal of the principal building and to permit the building to be located 167 ’ from the front property line, closer to the front property line than the principal building, and Section 10.27, Subdivision 5 (B) to permit new construction on a lot containing 4.0 acres exclusive of wetlands in the RR-IA district where 5.0 acres is required. WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on October 21, 2002, at which time ail 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 #02-2835. The property is located in the RR-1A Zoning District, where 5 acre is the minimum required lot area. 3.The Orono Planning Commission reviewed this application on October 21,2002 and recommended approval of the proposed variance based upon the following findings; Page I of 6 A. The existing lot area is 4.0 acres excluding wetlands, 4.8 acres including wetlands. The applicants property is one of many lots with a lot area just under S acres along Orchard Park Road. The lots east of Orchard Park Road are developed residentially. Relocating the house on this property will not change the use or character of the property. The existing house is located only 20* from the side lot line and 41 ’ from the front property line. B. No setback variances for the new house location are required. C. In 1992 the City of Orono issued a permit for construction of a garage. The garage is the accessory building that would remain on the property following relocation of the house. The building is functional but has not been completed 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 01 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 ^ 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 applicant and the effect of the proposed variances on the health, safety and w'elfare 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 (A) and (D) to permit an accessory building to remain on the property following removal of the principal building and to permit the building to be located 167 ’ from the fiont property line, closer to the front property line than the principal building, and Section 10.27, Subdivision 5 (B) to permit new construction on a lot containing 4.0 acres exclusive of wetlands in the RR-IA district, where lot area of S.O acres is required. Approval is subject to the following conditions: Page 2 of 6 I.The accessory building shall be completed and a final inspection approved prior to issuing any permits to permit the house to be moved and/or remodeled. 2.All accessory buildings (except the garage for which the variance is approved) shall be removed prior to issuance of any permits for relocation of the house. 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 (October 28,2003). 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 applicant has read, understands 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 28th day of October. 2002. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner (s) STATE OF MINNESOTA COUNTY OF HENNEPIN ^ - . Page 3 of 6 The foregoing instrument was ack nowledged before me on this 28th day of October, 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 Si ATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _____ 2002 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. day of October, Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of , 2002, appeared before me, ____ who is personally known to me ____whose identity I proved on the basis of person Ily ..a____ whose identity 1 proved on the oath/affirmation of______________________ credible witness and who e.xecuted the foregoing instrument, and acknowledged that he/she/they executed the same os his/her/their free act and deed. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN Page 4 of 6 r . r , ? • i I " '• I P t r» . [ • k i On this day of .2002,personally appeared before me, ____who is personally known to me ____whose identity I proved on the basis of ^ose identity I proved on the oath/afiirmation of. a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they execut‘d the same xt his/her/their free act and deed. Notary Public Page S of 6 a- 4 ;■ 4 ^\7 # ^ ■. :. *-W - «:’•• fV S'*/‘S " ■.. t^l>' ' ' - L;.' \!s(^Ji!u'-..- ;-. i .f»r-‘ ' H, TO:Chair Smith and Orono Planning Commissicr. Members Ron Moorse, City Administrator FROM: Wendy Bottenberg, Zoning Administrator/Planner DATE: October 11,2002 SUBJECT: #02-2835 Thomas Adams 500 Orchard Park Road Variance Renewal -- Public Hearing Zoning District: RR-1A One Family Rural Residential District (5 acre) Lot Area: 4.803 acres Lbt of Exhibits A Approved Site Plan Application Staff Report and Resolution (July 17,2001) Planning Conunission Minutes (July 16,2001) City Council Minutes (July 23,2001) B C D E Pertinent Code Section: 1. Section 10.27 - Standards for the RR-1A Zoning District 2. Section 10.03, Subdivision 9 (D) - Location of Accessory Structures Application Summary: The applicant has applied to renew variances that would permit relocation of the existing house to the center of the property and to permit an existing accessory building to be closer to the front property line than the principal residence. On July 23, 2001, the owner of the subject property was granted the variances and since a building permit was not requested within one year of the variance approval the variance has expired. Staff Recommendation: Staff recommends approval of the variance renewal subject to the conditions as approved by the Orono City Council in the resolution approving the variance in 2001, including: •the accessory building shall be completed and a final inspection approved prior to issuing any permits to permit the house to be moved and/or remodeled. -All other accessory building (except for approved garage) shall be removed prior to issuance of any permits for relocation of the house. #02-2833 Thomas Adams 500 Orchard Park Road Variance Renewal lO/l 1/2002 Page I of I I i f i . ^ r laamk , i-. r> ;^f,vVA >A:'. ‘ '^: CERTIFICATE OF SURVEV FOR . TOM ADAMS HQ^N^P iL parkHENNEPIN county . hSnnesota /iiSL?®”*'® parkj nw Of t tsiJo - ww^9 tm.^st0mtrn /% / CWUI ••«*» i:xr/i '#• f / V N/ l< 11 iJ -ei 31 y** [tm«mi|<E -1 I *** |lll ^*f»S ----1 C*Mi||i»«ft l«l»g 10 v,.;», • r-i P >1 % ' B D CITY OF pRONO - VARIANCE APPLICATION Initial Application Fee S2S0.00 t;S30.UU per l^li addlUuiiaL^anance) Renewal Variance Fce$15Qi»^ [no change from UliginS^plication) Variance for nonconforming structures $250.00 After«the*Fact Fees (Double application fee) AppUcallon# OQt'3"thS I^te Received " 2002- Amount Paid tSO'OO PROPERTY INFORMATION Site Address gOQ Q<^CHA\^ PAl^K RO A D AO Property Identification Number (P.I.D.) oev^ 3_____ Attach legal description to application if not included on required survey. Date Pronertv Acouired | (month/year) I (do)((do noP also own the^jacent parcels'of land. property: ^residential _ «»»''•«■ Zoning District; K-K—(A _______ PtesenflBCof proj other (specifyX APPLICANT Phone (home)qS^-^7t>-0^7 3 Name FfteOge\d^ MnMS Phone (work) Address: geo QecH^(^D gC^VD Citv; LO/OG Zip; OWNER (if different than applicant) Name Address: Phone (home). Phone (work)_ City:.Zip:. DESCRIPTION OF REQUEST Estimated Construction Cost S, ^ ---- ■ -------------- wqc>F (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area ___Lot Width ___Hardcover Lot Coverage Setback:Front Side Rear Average Lakeshore Y1 Other (specify) AC(ieSS6e.Vi' STf^CttlEE "IC geWHlM g6T(AJEa\l twube 4' STE^er sec to.o g.7 - /s HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: •i- ADETAOcNT lAleTLAND AecesserV USb 3/TC. -KL^TfAK^ jft 1. 2. 3. 4. 5. 6. 7. 8. REQUIRED SUBMITTALS All tt ftc fBlfcmlM Inftrutliin mwl ht iiihmlHcd bv <h, ittiHr for YBur iDDlkiMon t» iwinifimn awaimt mif f„ m Completed Application Form Certified Prope^ Owners List of owners within 150', labels and plat map (you must obtaui Ais list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-5910). P-™ncni oi — “d include hardcovercalculations as required. In addition, provide one (1) copy 8 ’/a" x 11" for ---- To^graphic survey (existing and proposed elevations) if any changes in existina ^e are proposed. In addition, provide one (1) copy 8'A" x 11" for reproductioif ---- Sketches or plaM of floor & elevation views (provide one (1) copy 8'/a" x II") — P««ons with an inteiest L A applicant(s) if not current owner(s) ---- As an addend!^ to this applicaUon. please attach a separate list of any other persons you wish notified of this application. ^ ---- Additional items as may be requested by City staff. The Applicant Proper^ Owner must sign ihU applicsiion. Please remember that amr Y«rl«ii« iPBlIfilloii b Ml nimnlrtt If Ibe abaYe Infan...!.. b.. h.,„ APPLICANT'S SIGNATURE The applic^t hereby agrees to provide all infomiation required or requested by the Zoninc mimstrator, agrees to pay additional fees (staff time not covered by original fee payment) hrft^aIior“ '*''**'^ application, and certifies thiinformation supplied is true and correct to the best of his/her knowledge. Applicant's Signature /^L^ft/UcO Date 9"/7 ' 2- OWNER’S SIGNATURE 10 this application and ftmher authorizes reasonable ent^ onto the property by City staff, consultants, agents. Commission members, and Council members for purposes oHnvestigation and verificaUon of this request. Owner's Signature fhO'yKJBJiO 2jD0 ?^ “lo th« City offices 25 days before the Planning Com^im Meeung. Planning Commission Meetings are held on the third Monday of each month. Applicant must be present........sebeduled review meetings of Ibe Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, pleaw A Zon^ffirof“tI^,:“Jr:^ riS^. ” P-- *^vise BnUdmg J. iJ U ? <S ; « 4 ' i Application Date: 60 Day Deadline: 6/20/01 8/19/01 REQUEST FOR COUNCIL ACTION DATE: July 17, 2001 ITEM NO.: ^ Department Approval: Name Paul Weinberger Title Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description:#01-2695 Thomas Frederick Adams Variances 500 Orchard Park Road Zoning District:RR-IA One Family Rural Residential District List of Eibibits: A Resolution B Site Plan C Planning Report (June 28,2001) Application Summary: Applicant has applied to the City of Orono for variances that would permit relocation of the existing house to the center of the property. Currently, the house is located at the far southwestern comer of the property. Removal of the house from its existing location requires a variance because the lot is less than 5 acres in the RR-1A district. Actual lot size is 4.8 acres. Excluding the areas designated as wetland the lot has a defined lot area of approximately 4.0 acres dry buildable. An accessory building is located behind the house. If the house is relocated the building would be closer to the front property line than the principal residence. The Zoning Ordinance prohibits accessory buildings from being located closer to the front property line than the principal building. A variance would be required to permit the existing accessory building to remain on the property subsequent to relocation of the house. The attached approval resolution requires the propertv owner complete construction of the accessory building and have a final inspection of the building approved prior to moving the principal building. The accessory building has had an active building permit since 1992. The building will be completed in the ne.xt 2 months. COUNCIL ACTION REQUESTED Motion to adopt the attached resolution approving variances. (L --- A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (A) AND (D); AND SECTION 10.27, SUBDIVISION 5 (B) FILE NO. #01-2695 WHEREAS, Thomas Frederick Adams, (hereinafter "the applicant") is o\\Tier of the property located at 500 Orchard Park Road within the City of Orono (hereinafter "the City") and is legally described as follows; Lot 11, Orchard Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on July 16, 2001, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicant applied to the City of Orono for variances to Municipal Zoning Code Section 10.03, Subdivision 9 (A) and (D) to permit an accessory building to remain on the property following removal of the principal building and to permit the building to be located 167' from the front property line, closer to the front property line than the principal building, and Section 10.27, Subdivision 5 (B) to permit new construction on a lot containing 4.0 acres exclusive of wetlands in the RR-IA district where 5.0 acres is required. Minnesota; NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono. FINDINGS 1. 2. This application was reviewed as Zoning File #01*2695. The property is located in the RR-IA (5 acre) One Family Rural Residential Zoning District. Page 1 of 4 3. 4. 5. The Orono Planning Commission reviewed this application on July 16, 2001 and recommended approval on a vote of 7 to 0 for variances based upon the following findings and hardships: A.The existing lot area is 4.0 acres excluding wetlands, 4.8 acres including wetlands. The applicants property is one of many lots with a lot area just under 5 acres along Orchard Park Road. The lots east of Orchard Park Road are developed residentially. Relocating the house on this property will not change the use or character of the property. The existing house is located only 20' from the side lot line and 41’ from the front property line. B. C. No setback vaiiances for the new house location are required. In 1992 the City of Orono issued a permit for construction of a garage. The g^ge is the accessory building that would remain on the property following relocation of the house. The building is functional but has not been completed. 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 vanances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 4 M 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 10.03, Subdivision 9 (A) and (D) to permit an accessory building to remain on the property following removal of the principal building and to pennit the building to be located 167' from the front property line, closer to the front property line than the principal building, and Section 10.27, Subdivision 5 (B) to permit new construction on a lot containing 4.0 acres exclusive of wetlands in the RR-IA district, where lot area of S.O acres is required, subject to the following conditions: 1. 2. 3. 4. 5. The accessory building shall be completed and a final inspection approved prior to issuing any permits to permit the house to be moved and/or remodeled. All accessory buildings (except the garage for which the variance is approved) shall be removed prior to issuance of any permits for relocation of the house. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (July 23. 2002). 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. The undersigned applicant has read, understand and hereby agrees to the terms ot 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 propert}. Page 3 of4 f I E»»Wi TT Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 23rd day of July, 2001. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner (s) STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ) ss. foregoing instrument was acknowledged before me on this 23rd day of July, 2001 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono] a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA ) Notary Public COUNTY OF HENNEPIN ) ) ss. On this day of . 20__before me a Notary Public within and for known to mesaid county, personally appeared_______________________ to be the pereon(s) described in and who executed the foregoing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. Notary Public Page 4 of 4 ■S 5f '■HR mm % -y »V -' .w ‘ .- Applicatioo Date: 6/20/01 60 Day Deadliae: 8/19/01 Chair Hawn and Orono Planning Commission Members . Ron Moorse, City Administrator Paul Weinberger, Zoning Administrator/Planner June 28. 2001 #01-2695 Thomas Adams 500 Orchard Park Road Variances - Public Hearing Zoning Dbtrict: RR-1A One Family Rural Residential District (5 acre) TO; FROM: DATE: SUBJECT: Lot Area:4.8 Acres List of Exhibits A B C D E F Application/Hardship Statement Plat Map Survey - Existing Site Survey - Proposed Site Plan Wetland Overlay Map Property Owners Notification Lis' Application Summary Applicant h«.s applied to the Citj of Orono for variances that would permit relocation of the existing house to the center of the property. Currently, the house is located at the far southwestern comer of the property. Removal of the house from its existing location requires a variance because the lot is less than 5 acres in the RR-1 A district. Actual lot size is 4.8 acres. Excluding the areas designated as wetland the lot has a defined lot area of approximately 4.0 acres dry buildable. An accessory building is located behind the house. If the house is relocated the building w ould be closer to the front property line than the principal residence. The Zoning Ordinance prohibits accessory buildings from being located closer to the front property line than the principal building. A variance would be required to permit the existing accessory building to remain on the property subsequent to relocation of the house. Pertinent Code Sections 1. Section 10.27 - Standards for the RR-1A Zoning District 2. Section 10.03, Subdivision 9 (D) - Location of Accessory^ Structures i0l<2695 Tlioiiiaf Adams 500 Orchard Park Road Variances PaftlofJ Discussion The applicwts property is one of many lots with a lot area just under 5 acres along Orchard Park Road. Exhibit B is the plat map of properties surrounding the site. The lots east of Orchard Park Road are developed residentially. Relocating the house on this property will not change the use or character of the property. The existing house is located only 20' from the side lot line and 41' from the front property line. No variance for the new house location is required. In 1992 the City of Orono issued a permit for construction of a garage. The garage is the accessory building that would remain on the property following relocation of the house. The building is functional but has not been completed. The Planning Commission should discuss the completion of the building and determine what condition the building should be in prior to removal and relocation of the principal building, or if the building should be removed, f What about future of other Qcc. bUgsTJ Required Setbacks Front 100' Side SO' Rear 100' Proposed Setbacks Front 350' Side 126' Rear 230' • Existing shed is 167 from the front property line. A variance is required to permit the building to remain. Applicant’s statement of hardship The applicmt’s hardship statement is included as part of Exhibit A. Applicant should also be asked for his testimony regarding the variance requests. Options for Planning Commission Action 1. Recommend approval of variance to permit the lot to be considered a RECORD LOT. 2.Reconunend approval of the variance to permit the accessory building to remain on the property located closer to the front property line than the location of the principal building. «0t*2695 Tliofiiis Adams 500 Orchard Park Road Variances Paft2of3 issufiL lation of approval shall inctude findings and/or conditions reyardiny the following A finding the hardships are unique to the property and the development pattern is consistent with the surrounding properties. Future of the accessory building shall be determined. Primarily a determination shall be made when the accessory building, that has had an active building permit open since 1992, will be completed. CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S2S0.00 (SSO.OO per each additional variance) Renewal Variance Fee SI50.00 (no change from original application) Variance for non-conforming structures $250.00 Afrer-the-Fact Fees (Double application fee) Application# Date Recched O -JlO d/ Amount Paid . 0 O PROPERTY INFORMATION Site Address 50O Orchair^ Voy\< {^oocL Property Identification Number (P.I.D.) 3Z-(16~Z3 Z3 0003 Attach legal description to application if not included on required survey. Pf“ PrySdY Acquired Octeloe- l^eS_________________ fmunth/veeri I (do) 0o noj) also own the adjacent parcels of land. Present use of property: ^residential Zoning District:, other (specify) APPLICANT Name Address IHoMAS FRFt^eirlc i: .%0 K.0/^ Phone (home) ^^2.-^7(^-C3‘73 ____ Phone (work) SZ - 9 S?>-2.73'7 • 2,^0 City: LfiKG} OMC£ Zip: 5533G> 0)VNER (if different than applicant) Name Address: Phone (home). Phone (work)_ City:.Zip:, DESCRIPTION OF REQUEST Estimated Construction Cost S Describe request in detail: .KOi/C €)(/ST/N6 HdUSE TO C€h/T^e ~C\F P^6P^KTY. oUiiJ> Mew FoaNDATinA/ w> i, (attach additional sheets if necessary) VARIANCES REQUIRED —Lot Area ___Lot Width ___Hardcover ___^Lot Coverage Setback:Front Side Rear Average Lakeshore .-jl. Other (specify) fTCUStr j-STREeT sec /0.03-7-/5' HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing wiu* C..V/1UA15 scquiTcmcnis: rtvorL t Vx xzi LTMK _ ££MCb£U^6 AT EXISTING HoUSt I PCAvaA/, ToiIii^G seT-B/^ck. 1}^F. I4 ni^F tc>1 CONfot^MlNa LQCfvrfoN IHSf^ NtffKES Tff-^ (attach additional sheets if necessary) Btisr/Atq ACces£6RH' srmoMfze AM-conI I « LJ-lS/f'-. :i;. iSSifii CERTIFICATE OF SURVEY FOR TOM ada Ms OF LOT 1 1. ORCHARD PARK HENNEPIN COUNTY, ^(INNESOTA >3137 OftCHANO PARK S BV^jrOf e 63130 ft** a:? 'V / \ \ im / ii^«i N 89*28*01* W 832 10 631.95 0I1CHAI® PWBt A' __ lia^ tiun i .'r ! r' PrX-V:.^'.•W/' J •'t^ 1 • >■ ® a t. ;K> : ^'< ’' < Sm 1?".. j- •# ^ ,.i < li' A /. ■. ‘«*u- >* ‘:rmm • i ■*.< •. V. M«0iitr«jH »•> !.V »*-••11 -• •/ Soo r ••* .*. \ • J • % '-•*\ t.% . i v: * . k r’' •-. ■ ■ • .\- •;• :' .1 •«.« •.' w cr« • •. <i: 10 *t» *•*•-. ■•s.-w • <• NOT A UOAUV MCCOROCO PUT. pflSI^T MCOMnUD FROM TMC CCSCRtR« flQRl IK THC COUNfr A'JOiTOR'S TAX Cf RECORD IN IM£ COUflr [••W**. INFORMATION FPCM THC tTATC <N0 COUNTY NMNWAT OCFARrUCNTS AND •fMaiOUMM I •• . A tUNWH T'r’- ' ‘» N ■ - ■:::(^. v» • ‘ >•. * ', sW I V '■ « j* %•■.''•>* * 'j»r‘ HENNEPIN COUNTY PROP* *Y INFORMATION SYSTEM PROPERTY v..«NBRS 1,IST TMPRVni NMi/ADDA 9t )1 nt 23 14 0002 12t 0BCiyy» FJUIIt HD R j MtinuMD nr al RAin^LL J MimAMD S2i OACIURO MUIK RO URIO lAKI MN SSISi CONMI I 31 31 lit 23 14 OOOa 4100 MRTIRTOIRI RD CFV DIVILOmKIfT COMP LLC cpv tmvEummn comp llc 1300 NXLUMIRROOR DR MAYSATA Ml SS391 CCRRMi • 30 32 Hi 23 23 0003 SOO ORCHARD PARR W T P ADAMS 4 J L HIAVtR THOMAS P ADAMS SOO ORCHARD PARR RD LONO LARI MN SS3S4 CONPMt • PROP ADDR OMNIR NANI TAXPAVIR MANt/ADOR 30 32 110 23 23 0004 SOO ORCHARD PARR RD R N DtNXTT ANN DINITT R N DMITT ANN DINITT SOO ORCHARD PARR RD m SS3S0 CONOMN i 30 32 110 23 23 0009 400 ORCHARD PARR RD RORIRT J A UMRAINR I RODEN ROOIRT J A LORRAINI I RODEN 400 ORCHARD PARR RD LONG LARIMf 55350 CONDMI i 30 32 110 23 23 0010 400 ORCHARD PARR RD NATHALIE GRAY NATHALIE GRAY 400 ORCHARD PARR RO LONO LARI MN 55350 CONDMN 9 PMP ADDR OMNIR NANI TAXPAYIR MANI/ADDR TAXPAYIR HANt/ADOR //b# ‘ *•* 0* / *■ Qi M -H MINUTES OF THE ORONO PLANNING COMMISSION MEETING ___________Monday, July 16,2001 («) Ml-2695 THOMAS ADAMS, 500 ORCHARD PARK ROAD, VARIANCES, 7:47 p.m. - 7:51 p.in. Thomas Adams, the Applicant, was present. The Certificate of Mailing and Affidavit of Publication were noted. Weinberger stated that the Applicant has applied for variances that would permit the relocation of the existing house to the center of the property. The current house is in a location that is non conforming. The variance is required because when the house is relocated, it becomes new construction. The lot is non-conforming and less than the S-acre minimum lot size. The lot is approximately 4.8 acres and consistent with other lots along Orchard Park Road. The Council recently approved a variance for a lot to the south and east to be considered a buildable lot at 4.7 acres. Septic testing designed for a S-bedroom home has been approved by the City’s On-Site Septic Manager. Weinberger indicated tiie main issue with the application is the location of two accessory buildings on the site. A garage with a building permit issued in 1992 is nearing completion, and a smaller shed is located on the property. The Applicant has requested that the garage remain on the site but the shed would be removed prior to application for the building permit to move the house. Staff recommends approval of the variance that would allow the lot to be considered a record lot; and recommends that the garage (located 167' from the front property line) be allowed to remain in the present location but must be completed with a final inspection and approval prior to issuing any additional building and moving permits. There were no comments from the Applicant or the public. Hawn confirmed with the Applicant that he was comfortable with the request to have the garage completed prior to any further permits being issued and the small shed being removed. The Applicant agreed. Smith suggested to the Applicant that this was also an opportunity to clean up die lot. Hawn moved, Stoddard seconded, to recommend approval of Application WOl-2695, Thomas Adams, 500 Orchard Park Road, granting approval of a variance to permit the lot to be considered a record lot; and a variance to permit the existing garage to remain closer to the front property line than the principal residence, contingent on completion of the garage with a final inspection and removal of the small shed. Ayes 7, Nays 0. («4) #01-269* ^ SHARON GEHL, 1825 CONCORDIA STREET, VARIANCES, 7:52 p.m. - 8:09 p.ni. Larry Gehl, the Applicant, and Gary Hansen, the builder, were PAGE 8 P MEETING >AD, VARIANCES. 7:47 p.ni. - it would permit the relocation of the in a location that is non- elocated, it becomes new ninimum lot size. The lot is ard Park Road. The Council onsidered a buildable lot at 4.7 jroved by the City’s On-Site Septic cation of two accessory buildings ring completion, and a smaller shed arage remain on the site but the it to move the house. 3t to be considered a record lot; and line) be allowed to remain in the I approval prior to issuing any the request to have the garage shed being removed. The t to clean up the lot. Application #01-2695, >f a variance to permit the lot to ng garage to remain closer to the I completion of the garage with a RDU STREET, VARIANCES, P MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 23,2001 *'77) #01-2694 BAYWenif^STIAN CHURCH, 2477 SHADYWOOD ROAD - CONDITIONAL USE PEIUVOT'^^RESQLUTION NO. 4674 Flint moved, Sansevere seconded, to approve and ado^RESOLUXION NO. 4674, a Resolution Granting a Conditional Use Permit to permit a church use on thepro^eity-located at 2477 Shadysvood Road, B-4 Zoning Dbtrict. VOTE: Ayes 5, Nays 0. *(#8) #01-2695 THOMAS FREDERICK ADAMS, 500 ORCHARD PARK ROAD - VARIANCES - RESOLUTION NO. 4675 Flint noted he requested this item be removed from the Consent Agenda because there is no recommendation of the Staff or Planning Commission contained within the report. Weinberger indicated Staff is in favor of the variances. Sansevere moved, White seconded, to approve and adopt RESOLUTION NO. 4675, a Resolution granting variances to permit an accessory building to remain on the property following removal of the principal building and to permit the building to be located 167 ’ from the front property line, and to permit new construction on a lot containing 4.0 acres e.vclusive of wetlands in the RR-IA district where 5.0 acres is required for the property located at 500 Orchard Park Road. VOTE: Ayes 5, Nays 0. .^9) 2845 LITTLE ORCHARD RO.AD - LAKESHORE REVEGETATION PLAN Flint ihqvcd, Sansevere seconded, to approve the lakeshore understory vegetation restoration plan as presenhM^by John Fleischhaker for the property located at 2845 Little Orchard Road,subject to the conditibu^contained in the Staff report. VOTE: Ayes 5, Nays 0. (Richard Flint leaves at 8:00 p.m.) MAYOR/COUNCIL REPORT *(#10) PROCLAMATION - NATIONiCb.MGHT OUT - RESOLUTION NO. 4676 Flint moved, Sansevere seconded, to approve anlKqdopt RESOLUTION NO. 4676, a Resolution Proclaiming National Night Out 2001. VOTE: AycHL Nays 0. Mayor Peterson requested the local news reporters include an ahiqle in their newspapers promoting National Nigl.t Out. Peterson encouraged the residents of Orono antK^g Lake to attend National Night Out being held at Super Valu in Navarre and at Nelson Beach onTu^sday, August 7*^, from 6:00 p.m. to 9:00 p.m. Mayor Peterson noted the official opening of the senior center in Mound is schedul^tL(pr Tuesdav, July 24*. PAGE 7 r, f« lAit • ocr 2 S 2002 CITY OF OflONO DATE: ITEM NO. ^ Agenda Section; Zoning Application Deadline: 10/7/02 60 Day Deadline: 12/5/02 REQUEST FOR COUNCIL ACTION Department Approval: Name: Wendy Bottenberg Title: Zoning Administrator Item Description: #02*2836 Charles and Jennifer Phelps 385 Tumham Road Variance Exhibits: A Resolution B Staff Report and exhibits of 10/21/02 Pertinent Code Sections: I. Section 10.27, Subdivision 5(B): Front Yard Setback: Minimum front yard setback in the RR- IA zoning district is 100 ’. Variance Requested; To permit an 11’ X 9’ mud room to be 75.4’ from front property line Application Summary: The applicant has requested a front yard setback variance to construct a mud room on the street side of the residence. The mud room is proposed to be 11 ’ X 9’ and will be constructed onto the original residence. Discussion: The property is located on Turnhum Road just before it becomes Chippewa Lane. The existing residence was built in 1910. The residence is located 82.6’ from the front property line. In l‘^75, the property was rezoned to 5-acre minimum zoning district. However, properties in the neighborhood range from 1 acre to 5+ acres in area. Front setbacks in the neighborhood range from 35’ to 100 ’+. The proposed 75’ setback will not be out of character with the o/erall neighborhood. fhe property is service* i with a well. The well is located on the east side of the residence (in front of it). T he property is also serviced with a .septic system. It is located to the north of *he residence and is not affected by this project. In 2001, a pennit was issued to construct an addition to the existing residence. The addition met all setbacks and height requirements. A new- septic system was installed as part of the addition project. Because the subject property is 8+ acres, lot coverage by structures in not an issue with this application. The interior layout of the house would make it dlfTicult to construct a functional mud room at a locution not needing a variance. PLANNING COMMISSION: Planning Commission recommended by a 7 to 0 vote to: Approve application as presented STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. i A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.27, SUBDIVISION 5 (B); FILE NO.02-2836 WHEREAS, Charles Phelps and Jennifer Phelps, (hereinafter "the applicants") are the owners of the property located at 385 Tumham Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 2, Block 1, Foxfyre Estates, Hennepin County, Minnesota, (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.27, Subdivision S (B) to permit new construction of an IT x 9’ mud room to be located 75.4' from the front property line where 100’ is required in the RR-IA 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 October 21, 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*2836. The property is located in the RR-1A Zoning District, where 5 acres is the minimum required lot area. 3.The Orono Planning Commission reviewed this application on October 21 ,2002 and recommended approval of the proposed variance based upon the follow ing findings: A. The existing residence was built in 1920, prior to current zoning standards. B. The adjacent prope;1ies are not affected by the mud room addition Page I of5 5. C. The well and septic system locations are not affected by the proposed addition. D.TTic interior layout of the house would make it difilcult to construct a functional mud room at a location not needing a variance. The City Council flnds that the conditions existing on this property arc peculiar to it and do not apply generally to other property in this zoning district; that granting the variance will not adversely affect iraffic 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 pre.scrvc a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicant and the effect of the proposed variances on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Pased upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.27, Subdivision 5 (B) to pc.'Tiit new construction of an I r X 9* mud room to be located 75.4 ’ from the front property line where 100 ’ is required in the RR-IA district. Approval is subject to the following conditions: I. Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require further Plaitning Commission and City Council review. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be e.xercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (Octo^r 28. 2003). !'X.ge 2 of 5 3. Violation of or ncn-i ompiiance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatical ’) terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicant has read, understands and hereby agrees to the temis 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 28th day of October, 2002. AITEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property OvMier (s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 28th day of October, 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 Page 3 of 5 The foregoing instrument was acknowledged before me on this day of October, 2002 by Linda S. Vee, City Cleric of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of . 2002,personally appeared before me, ____who is personal!) known to me ____whose ideruity f proved on the basis of V nose identity 1 proved on the oath/affirmation of credible witness a and wh^ executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of 2002,personally appeared before me, ____who is personally known to me ____ whose identity I proved on the basis of whose identity I proved on the oath/affirmation of a credible witness and who executed the foregoing instrument, and ackiu>wledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Page 4 of 5 Exhibit A •V. S TO: FROM: DATE: SUBJECT: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Wendy Bottenberg, Zoning Administrator/Planner October 7,2002 #02-2836 Charles Phelps 38^ Tumham Road Variance ~ Public Hearing Zoning District: Lot Area: RR-1A One Family Rural Residential District (S acre) 362,047 s.f. (8.311 acres) List of Exhibits: A Application B Survey/Site Plan C Hardship Statement D Photo of Property E Septic Tiocation F Topographic Map G Plat Map H Propert}' Owners List I Building Plans Pertinent Code S etion: 1. Section 10.27, Subdivision 5 (B): Front Yard Setback: Minimum front yard setback in the RR- 1A zoning district is 100’. Variance Requested: To permit an 11’ X 9’ mud room to be 75.4' from front property line. Application Summary: The applicant has requested a front yard setback variance to construct a mud room on the street side of the residence. The mud room is proposed to be 11* X 9' and will be constructed onto the original residence. Discussion: The property is located on Tumham Road just before it becomes Chippewa Lane. The existing residence was built in 1910. The residence is located 82.6’ from the front property line. In 1975, the property was rezoned to 5-acre minimum zoning district. However, properties in the neighborhood range from 1 acre to 5-*- acres in area. Front setbacks in the neighborhood range from 35’ to 100’+. Ibe proposed 75’ setback will not be out of character with the overall neighborhood. S02-2836 Charlie Phelps 385 Tumham Road 10/7/2002 Page 1 of3 The property is serviced with a well. The well is located on the east side of the residence (in front of it), llie property is also serviced with a septic system. It is located to the north of the residence and is not affected by this project. In 2001, a permit was issued to construct an addition to the existing residence. The addition met all setbacks and height requirements. A new septic system was installed as part of the addition project. Because the subject property is 8+ acres, lot coverage by structures in not an issue with this application. The interior layout of the house would make it difficult to construct a lunctional mud room at a location not needing a variance. Neighborhood: In 2001, two applications were submitted for properties on Tumham Road. Both applications involved front yard setback variances of a greater magnitude than what is being requested in this proposal. These two properties are located on the east side of Tumham Road directly across from the subject property. 380 Tumham Road - Afier-the-fact variance granted for 3 foot overhang to street side of residence. Side yard setback - 47* where 50’ is required. Front yard setback - 35.5 ’ where 100’ is required. 340 Tumham Road - Variances to construct 2 stall attached garage to the north side and a two-story family room to rear of the residence. Planning Commission recommended approval, however the applicant sold the property prior to City Council approval. Side yard setback - 24’ where 50’ is required. Front yard setback - 53.7 ’ where 100’ is required. Statement of Hardship: The applicant has included their statement of hardship in Exhibit A. The applicant should also be asked for their te.stimony regarding this issue. Issues for Consideration: 1. Hie existing residence was built in 1910, prior to current zoning standards. #02-2836 Charlie Phelps 385 Tumham Road lonam Page 2 of 3 I Bf 2. The adjacent properties are not affected by the mud room addition. 3. The well and septic system are locations are not affected by the proposed addition. 4. Other issues raised by the Planning Commission. Staff Recommendation: Staff recommends approval of the front yard setback variance to construct an IT X 9* mud room on the residence. »02-2836 Charlie Phelps 385 lumham Road 10/7/2002 Page 3 of 3 AppUcatioo # Date Received Amount Peid O.^.oo CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S2S0.00 ($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 INFORMATION. . . ^ , Site Address "TT>ev\\v^AA. rl/tivti Kih) Property Identification Number * ^| Attach legal description to application if not included on required survey. Date Pf|»r*5Q^cquiied ^ __________________ I (do) ^0 n^Jdso own fire adjacent panels of land. .(month/year) Pi^ntuse ofproperty: V Zanmg District: - lA residential other (specify) APPLICANT Phone (home) ^ ^ -1 1 ' V .r* X /M r rnone tnome) »')Z- M Name iL. 1 jemoW Phone (wioric)<^P>7 .Ixn. _ Addres^S^^ T l ><uL v<cv^ <l Cityt (V/Jm____Zip:_553jS3___ OWNER (if different than applicant) Name Address: Phone (home). Phone (work)_ City:.Zip:. DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe reouest in detail: MjjACftvA. <t>F ^j*!-«>^iM\fe<^rtWi7r^ttaciradditionSshp^ VARIANCES REQUIRED ___Lot Area ___Lot Width X Setback: ^ Front __Side Hardcover Rear Lot Coverage Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements:^ d SI3r (attach additional sheets if necessary) 1 ( i ^ REQUIRED SUBMITTALS ■' »■ «■«».«. I. m __ Completed Application Form ---- U map (youmust obtain tjus list labels and map from Hennepin County Department of Finance. A-603, Govt Center, 348-5910). ---- CcrtifiMte of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8'/j" x 11" for reproduction. ---- To^graphic survey (existing and proposed elevations) f any changes in existing gf^e are proposed. In addition, provide one (1) copy g'/z" x 11" fer reproduction ---- Sketches or plans of floor & elevation views (provide one (1) copy 8'/a" x 11") ---- List of the legd names (include marital status) of all persons with an interest in A PmP®^- woidd mclude name(s) of applicant(s) if not current owner(s). ---- As an addend^ to this application, please aPach a separate list of a.*y other persons you wish notified of this application. ---- Additional items as may be requested by City staff. 1. 2. 3. 4. 5. 6. 7. 8. APPLICANT’S SIGNATURE applicani hereby agrees to provide all information requUed or requested by the Zonine Aitamistrator, agrees to pay additional fees (staff time not covered by original fee payment) an^or consultant expenses incurred in review of this applicaUon, and certifies to the information supplied is tiw^d co^ct to the best of his/her knowledge. Applicant's Signature OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authoriges reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes ^nvestiMtion and verification of this request Owner’s Signature Date efi Applicant m^t tovc all submittals into the City offices 25 days before the Planning Commission Meetuig. Planning Cormnission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting please make arrangements to Iwve an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. r r *I c;r •* . • 7/*:r .. ;• •/ J S' .... •• \ I / Phelpi Mudroom Variance Application Attachmant 385 Tumham Road, Maple Plain. MN 55359 P.I.D.: 3M 18>23 31 0006 38 Our house was buUt prior to 1864 and h straddles the setback line that was later by the Orono 'Front Setback Zoniqg Code retjuireinent’. The house truly nffds a mudroom. We would like to add a mudroom on the East side of our kitchen. This is the only logical place for h as it is close to the driveway and adjacent to the kitchen and family room. It would allow us to enter the house without having to carry groceries for a long dutance and without having to briiig dirt into our guestroom, fon% room, or kitchen. It does not make sense to attach a mudroom in a location that is for away from the drivewqr - especially with our winters. Not only b it inconvenient, but it can also be unsafe. Last winter, duriitg construction of an addition, our fomily's only practical * entrance to the house was through a side door near the northwest comer of the house. To gtt there we had to walk on a path that remained in the house's shadow for much of the winter. As a result the path was quite icy. Unfortunately a fomily membm fell and dislocated a shoulder. The bulk of the homes in the Tumham Road neigMx>rhood were built prior to the establishment of the Front Setback reqimement. I believe that the 100 foot Front Setback requirement helps maintain a rural fed in those portions of Orono that are open and rural. However, the requirement is restrictive in our old ndghborhood tdiere many of the homes are very close to the road. As a matter of foct, it appears to me that the two houses dosest to ours, both right across the street from us, are located completdy between the street and the from setback line! Respectfully, Charles E. and Jenrafer C. Phdps TT /W ^ p O (952) 2KM489 (work)0W18Q0D2 *Li I I Yj k fr'-WC ‘t ! ^'iL-H iii‘*': %,^1 :■ .■*> .V. y^’ ’Ir' .4 -I'i r Bv* ^■i' ifylF .;i r.v^ % •y • ^.'N- rF^'S^irV -• *i>ic??'--'',r,^' J*#£.-.. TTW m rr.'f^ >► ' K? & I • ’•n ,. .4 •■ III iii1tr^ili£" ft 1^. 1 wmm^ t y - '^t > V . p^tIlf*! teiE 7;* *^’ i' cs » ■I'>1 ill i^r "e -- / / ^ : I ‘../ ■<'/ >f.» .1, -■;■'•• fe. I A V \\ I 1'- (:o3 SEPTIC SYSTEM tNVRNTmi V 1 Address: 38STumhamRd. PID: 31-118-23 31 Building Type: residence BRs Install'd for: 4 In Musa: No 1 Permit#: 4408 Date of Permit: 10/01/01 Installer: Peterson System Type: mound Experimental: no Appliances: Indry SYSTEM CONDITION Conformity: 1 Tank Condition: 5 DF condition: 11 Failure Pot: low SEPTIC TANKS Material: precast concrete Setback to Bldg: 50 Capacity: 1000,1000,1000 Cesspool: no DRAINFIELD Length of Lines; 55 # Lines: 3 Trench Width: 10 Treatment Area: 44*105 Type of Filter: rock, clean sand Soil Boring: yes Tile Size: 2 Under Tile; 9 PercRate: 10 Setback DF-Bldg: 50 DFHt above Wt: 3 Soil Type: loam, clay loam, silt loam Limitations: water table IVELLDATA Setbacks - Well-Tanks: 50 Pump Type: subm. Well-DF: 50 Report in File yes Depth: 197 Diameter: 4 Met,.)d: drilled INSPECTION RECORD DATE DESCRIPTION no surfacing no surfacing no surfacing no surfacing no surfacing no surfacing-pump tanks no surfacing non-compliant-repair by 12/31/2006 non-compliant, repair by 12/31/2006 installation PUMPOUT RECORD COMPLIANCE DATE GALLONS 6/22/79 11/2/81 11/26/85 9/9/86 8/13/90 7/11/91 5/13/93 10/7/96 4/24/00 10/05/01 2 2 2 2 2 2 2 3 3 1 11/7/86 10/17/91 6/15/93 11/10/98 4/16/01 1500 1000 1000 1000 1600 Hennepin County Taxpayer Services Departmeiit'l; irr* A A A ParceUnfdnmtion ■' ID 311112331 Ho«m Numbar 333 StrMt Nama TURNHAM HO 7Mi <i nor • IVDiy leoiyriMiMp-It <3|pfl33an(i 3 oonyiMiian oTMbnneSon r ■■^3 ,V— mStems'. mmiiljl^ ^.- 74 ,*'W2T‘ I . ' . ^’ ^ r ■ ■‘■ iUN OATt t9/17/f2 tATCN Sti mmsfm county ptorciiTv infovutzon svsten POOfCOTY ONNERS LIST iirORT NO. PXA55491 PAGE 23 PROP AODR ONNiR NAME TANPAVER NANI/APDR SO 31-110-23 10 0102 •0020 TURNNAN RO t E RERG 0 K N RERG LEONARD 0 RATNIECN N RERG 020 TURNNAN RD NAPLE PUXN m RiSRY SO 31-110-23 20 OIOS 00020 TURNNAN RO NILLXAN N STENPEL ETAL TZNOTNV N 0 ANNA N OTTEN 020 TURNNAN RD NAPLE PLAIN NN S03S0 30 31-110-23 51 otto 00550 NOLVERTON PL J L HARSTAO i J R HARSTAD JANES L HARSTAO 0550 NOLVERTON PL ORONO NN 55350 ONNER NANE TAXPAYER NANE/AODR 30 31-110-23 31 0000 •0305 TURNNAN RD C E PNELPS 0 J C PHELPS CHARLES E/JENNXPER C PNELPS SOS TURNNAN RD ORONO NN 55359 SR Sl-110-23 SI 0000 •ORlf NOLVERTON PL G R 0 K A E KIRKPATRICK GREGORY 0 KATHY KIRKPATRICK 0515 NOLVERTON PL NAPLE PLAIN NN 55359 30 31-110-23 31 0009 OOOSS NOLVERTON PL D P I K L GRANDSTRAND DAVID P/KAREN L GRANDSTRAND 0035 NOLVERTON PL NN 55359 ONNER NANE TAXPAYER NANE/ADOR 30 31-110-23 31 0010 00030 ADDRESS UNASSIGNEO HENNEPIN PORPEXTED LAND HENNEPIN PORPEZTEO LAND 1027-NC 30 31-110-23 31 0011 •0030 ADDRESS UNASSXGNED HENNEPIN PORPEZTEO LAND HENNEPIN PORPEXTED LAND 1027-NC 30 31-110-23 02 0007 OOSOO TURNNAN RO ROLAND N JURGENS III ROLAND H JURGENS 300 TURNNAN RO NAPLE PLAIN NN 55359 PROP ADOR ONNER NANE TAXPAYER NANE/AODR 30 31-110-23 02 OOOO OOSOO TURNNAN RD D E 0 D P NERZ DOUGLAS E 0 DIANE P NERZ 300 TURNNAN RD NAPLE PLAIN NN 55359 30 31-110-2S 02 0017 •0303 CHIPPEWA LA J N PRXTZLER ET AL J NARC PRXTZLER DESYL L PETERSON 0300 CHIPPEWA LA NAPLE PLAIN NN 55359 30 31-110-23 02 OOIO 00320 TURNNAN RO J L I R P ZELINSKY JR J L 0 R P ZELINSKY JR 320 TURNNAN RD NAPLE PLAIN NN 55359 PROP AODR OWNER NANE TAXPAYER NANR/AOM TOTAL OATCH iOf OOilZ • H’ f , f * mmiA , 'A AflHOliitaii S i >, V Ltm L. L \. ■'.I ■ V. ^'^•■fe^t'M , *• ‘ t ■•■v ’ ▼ \ ki mm tATE ff/17/t2 BATCH BM .* V4 ? ♦ <■ t ^ $' ■r^ W: iiiuBr NDMifXN COUNTY MOfERTV INFORMTZON SYSTEM WWfENTY ONNERS LIST REfORT NO. PZ4SS4n PAOC 24 I . ♦ 'i *.I A eJLi^'1 ^ 'ijj 1 ^IFY TNAT TNE FACTS REFRESENTEO ARE AN ACCURATE AMD TRUE date T*/A- ■ROFERTY TAXAHON, Tft m 9^ R ii'i'^iilfjtiiiiii \-y .-' - «vife »a Ml 01 3 I; n •HfMi LANDSCAPE LI .□ CC ao: 1 / / — -——.—- “• - V \—T ~ , 1.-^' * - I3W?UUf:f:r II I I ••« B—I ( II II II II III M u u u u I I I (D oy; lfr3^r = rr = = = rl:=^l:z^ d>EMiEivvsion eg on f —WWD I tm mSa* C( (. JL-1 s!» i—•jss:* VAMUNCE •UBMfTTAl. M ftn ELEVATIONS A2. 1 REQUEST FOR COUNCIL ACTION ^^1 !• • •^^T|NQ ocr 2 8 2002 Cl IY Uh OHONO DATE: October 24. 2002 ITEM NO.: fQ ^'“'vrtment Approval: ■*i «r <c Paul Weinberger I ...i Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description:#02>2837 Jeffrey and Debra Danberry 3545 ivy Place Variance List of Exhibits: A B C Site Plan Resolution October 15,2002 • Staff Report and Exhibits Application Background and Summary: The property owner has requested a front yard setback variance to permit a 14 ’ addition to the attached garage. The purpose for the addition is to allow a third stall to the attached garage. The proposed addition would encroach 12 ’ into the required 30’ setback to the front/street property line. Section 10.25, Subdivision 6 (B): Setback Required 30’ Current Building Setback ■» 30’ Building Setback Requested » 18 ’ Variance =12 ’ Encroachment Staff Recommendation: Staff Joes not support a variance involving a conforming structure, on a conforming lot, built after the standards for the zoning district were established. This project does a nice job reducing hardcoxer, however the change to a conforming house built after the current zoning code standards does create development standard questions. The City has had many new' building projects that meet all current setback standards. Staff is concerned that approving a variance for this project sets a negative precedent for additions and alterations to conforming structures on conforming lots. Especially since this lot was developed under the current standards for the district 1 Council Eihibit A CA^CO COVE i^iiiiiiiiiiitotoiaiiyuMiiUii Council Exhibit B A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.25, SUBDIVISION 6 (B) FILE NO. 02-2837 WHEREAS, Jeffrey Danberry and Debra Danberry, (hereinafter "the applicants") an* owners of the property located at 3545 Ivy Place within the City of Orono (hereinafter "the City") and legally described as follows: Lot I Block 1, Casco Cove, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied for a variance to Municipal Zoning Code Sections 10.25, Subdivision 6 (B) to permit an 18’ setback where a 30 ’ setback is required for construction of a one-stall garage addition; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono 2^ning and Planning Codes, the Orono Planning Commission held a public hearing on October 21, 2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. 2. This application was reviewed as Zoning File #02-2837. The property is located in the LR-IC, Single Family Lakeshore Residential Zoning District where 1/2 acre is the minimum lot size and 100 feet is the minimum lot width. The existing lot is a conforming lot. 3.The Planning Commission reviewed the application for variances and recommended approval of a revised plan by a vote of 5 to 2 based on the following findings and Page 1 of 6 hardships: A. The property is located at the end of Ivy Place which is a street with no outlet. The garage addition will not negatively change the character of the neighborhood. B. The property is on the lakeshore which would allow construction of a detached garage 10 ’ from the street property line. I he proposed garage would be 18’ from the property line. The additional garage stall, attached to the existing garage functions much better for the property than a detached building. C. The overall appearance of the property would be enhanced by having an attached garage stall rather than a detached building located nearer to the street. D. There are several utility easements on the property that impact the building envelope making additions to the house difficult. E. The orientation of the house is not to the street. The street yard ‘Teels" like a side yard. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances will not adversely affect traffic conditions, light, air, nor pose a fire hazard or other danger to neighboring property; would not merely ser\’e as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difliculty; is necessary to preserve a substantial property right of the applicants; and would be in keeping w ith the spirit and intent of the Zoning Code and Comprehensive Plan of the 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 variance on the health, safety and welfare of the community. Page 2 of 6 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 10.25, Subdivision 6 (B) to permit an 18' setback where a 30* setback is required for construction of a one-stall garage addition, per the site plan attached to this resolution as Exhibit A, subject to the following conditions: 1.Authorities granted by the variances 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 (October 28,2003). 2.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 misde.meanor. 3.The undersigned owners have read, understand and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 28th day of October, 2002. ATTEST: Linda S. Vec, City Clerk Barbara A. Peterson, Mayor Property Owners Pa^ 3 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 28th day of October, 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. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public day ofThe foregoing instrument was acknowledged before me on this_______ ____________, 200 ____by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of .20 _personally appeared before me, ____ who is personally known to me ____whose identity I proved on the basis of ____ whose identity I proved on the oath/affirmation witness .a credible and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public • I A Page 4 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of ..20 personally appeared before me, ____who is personally known to me ____whose identity I proved on the basis of ____«4iose identity I proved on the oath/affirmation witness .a credible and vdio executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Pages of6 Jib,, Exhibit A A<iA:4ievt 9fj$o hT / , Bld£JC I, CASCO co\/e. Pace6of6 Council Exhibit C» Complete Date: Deadline: 9/25/02 11/24/02 TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: DATE: Paul Weinberger, Zoning Administrator October 1 1,2002 SUBJECT: #02-2837 JefTDanberry 3545 Ivy Place Variances List of Exhibits: A B C D E F G H Applicant Letter of Hardship Application Site Plan Elevation Views Plat Map Hardcover Calculation Worksheet Site Photos Permit Record Application Summary: The property owner has requested a front yard setback variance to permit a 14 ’ addition to the attached garage. The purpose for the addition is to allow a third stall to the attached garage. The proposed addition would encroach 12’ into the required 30’ setback to the front/strect property line. Pertinent Code Section: 1. Section 10.25, Subdivision 6 (B): Setback Required 30’ Current Building Setback » 30’ Building Setback Requested -18’ Variance = 12’ Encroachment Analysis: The applicant’s property is a 1 acre lot at the northwest end of Ivy Place with 225 feet of frontage on Lake Minnetonka and 230 feet of frontage on Ivy Place. The lot is located in the LR- 1C zoning district where a minimum lot size of '/> acre and a lot width of 100 feet is required. According to City records a permit was issued in 1984 for a new residence and an addition was constructed in 1997. The City Code requires a 30’ setback to the street property line (Ivy Place). •02.2U7MrO«ib(ny 3S45l«ynm pylori ‘ At the time Ae house was constructed in the 1980s the zoning ordinance was in place for Casco Point to require a 30’ setback. The house and two-stall attached garage were constructed at that time to meet the minimum required setback. There have been do changes to the LR-IC zoning district setback standards since 1984. Review of Hardship "nte applicant has submitted written hardship statements in regards to the garage addition request The applicant’s stated hardships are detailed in Exhibit A. Shoreland Development Standards: T^e property is located in the Shoreland Overlay District, therefore hardcover standards do apply Existing/Proposed Hardcover 0-75 ’ Existing Hardcover 20 s.f. of stairway leading down from the deck. (No changes are proposed within 75 ’ of the lakeshore. 75-250 Existing Hardcover =5.816 s.f. t25.8%) here (25% is * Approximately 8 1 s.f. is landscaping plastic, some would be removed to lower overall hardcover on the lot. 75-250 ’ Total Proposed Hardcover = 5.569 s.f. (24.8%^ Includes removal of 667 s.f. landscape plastic and including 420 s.f. garage/driveway additions. Staff Recommendation: Staff does not support the application for a variance to a property with a conforming structure on a conforming lot, built after the standards for the zoning district were established. Although this project does a nice job reducing hardcover, it is a change to a conforming house built after the current zoning code st^dards. The City has had many new building projects that meet all current ^tback standar^. Staff is concerned approving a variance for this project sets a negative precedent for additions and alterations to conforming structures on conforming lots. Especially sinc^ ih i. lot was developed under the current standards for thi» district. *02*:U7MrOnbeny 354$KyPlac*Pne2«>rr 1 I f Orono Zoning Dept. Wendy Bottenburg 2750 Kelly Parkway Orono, Mn 55356 Dear Wendy, Per our discussion and your application form, I, Jeff Danberryl Prooertv owner at 3545 Ivy Place, do hereby submit the following as hardships pertaining to my lot In respect to my variance application. I am applyino for a front yard setback of 20’ In place of the 30’ I am zoned for to accommodate an attached garage addition. 1.1 have an Irregular shaped lot on a hill. The hill and the fact that mv lot has a large percentage of area In the 75’ setback gives me a limited area for structures. 2. The fact that I have several utility easements criss crossing my property limits the area that Is buildable as I cannot build on a utility easement. ^ 3. The fact that I am the last house on a dead end street but I am not in a cul de sac situation constricts my front setback requirements. 4. The fact that the orientation of my house is such that my front yard setback is actually to the side of my house. 2910 Casco Cove has the same situation with an attached garage closer than 30’ to Casco Pt Rd. Please note: 1. My proposed addition does not block anyones view of the cove. In fact (see attached photos) the proposed structure Is almost entirely hidden bv trees* most of which are evergreens. ^ \ A I * 2. It is ths inost sfficisnt use of hardcover as ft uses existing driveway. I wiii not need a hardcover variance. 3. it does not adverseiy effect drainage to my or any other property. 4. Aestheticaiiy it does not go against the existing structure or the prevailing surrounding properties- many of which have detached garages which have closer front setbacks than I am proposing- inciuding the property at 3534 Ivy place- directly across the street. 5. There have been several building projects involving principal structures, detached garages, and/or attached garages-2649, 2807, 261V, 2965 and 2677 Casco Pt Rd that have encroached on the front. 6. I have discussed my plans with my only adjacent property owner- the Lindgens- and have their support- as well as the support of the Jewetts across the street- who potentially have the best view of my new garage. Thank you, Jeff Danberry '7' 1 I AppHcatfon # Date Rccdvcd 37 CITY OF ORONO - VARIANCE APPUCATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change ftom original application) Variance for non-conforming structures $250 00 After-the-Fact Fees (Double eppUcation fee) Amount Paid ^ I PROPERTY INFORMATION Site Address, Property Identification Number (P.I.D.) - / / , ~ ^ ^ ^ ^ Attach Icgil d^ripUon to appUc^li «ot iitclu^d on cequiccd suJvey.---------------^ Date Property Acquired------------------------ --------------------_(month/year)I (do) (do not) also own the adjacent parcels of land APPLICANT h ^ f\ I Name _____| Address: jToy pi Phone (home ) ^7/- 7/Vy^ ____ Phone (work ) V ~7 / ~ J <, City: ~ OWNER (if different than applicant) Name Address:City: Phone (home). Phone (work) . Zip:. DESCRIPTION OF REQUEST Describe request in detail:&ti^ted Construction C<»t^^ tje ^ e <r /< (attach additional sheets if i^cessary) VARIANCES REQUIRED -----Lot Area ___Lot Width Hardcover Setback: ^Front Other (specify)_____ .Lot Coverage Side Rear Average Lakeshore HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS (attach idditioiial sheets if necessary) XL O O i c leT / , BldCfr I, C/iSC0 CO\/E. • ^#4/ _ p.-.tarA‘i 0*^ .* KnHrttt^WC^S? ■/«»gr-/7 1 tiMttef §•!% •»•! Hilt tuifty •# *tfi«ii Mi *7 •aSiIi^ M iMN tliit titit JOO« i«ito . /'yyo C’ 3 J ? 37 utumiE♦« ‘ I •rCMAM A. Moirn rS:7^7 IP. t. Gitift C. Drivnvay # X X X -m SJ, I.P. S.F.ir 8.P. iiii D. SUtwalk y_f 9 E. Eido/Dwk F, faidawf VadaWa •y nwie OrFdbris // 321 30* 7 I?: 0. OiW^ total hardcover in zone TOTAL PROFfiRTY AREA IN ZONE A - 8 ’Z'2.. Coo I 100 - FROFQgroilAHDCQVnUWZQWE A. House ____________ Ul|^W4A % % I m B. Oarafi C. Dtivowiy J4 2 ^ £L X % 0. SitffwiUc X X S. Fttlo/Daek X X F. Undwipo L'a4«)«k •y Flank Or PMc X X X C. Oito TOTAL HARDCOVER IN ZONE TOTAL FR^ggy AREA IN »0W1 1100 • ff ' '-'H r-tfo/btfe-ThTAL OS-3 §37 IF. ^7<r I.F. 7^-0 S.F. S.P. ■^a9 S.F. S.F. ■Z2.S0 2Z.*f S.F. IF. I.F. f.F. S.F. S.F. % ■A B 2|.7^c S.F. 8.P. S.F. SP. S.F. S.F. S.F.r\C If- G - o j y) -)'■! 'S • ^*> ;r- _______________- T“^—-. - .-,T-J 1^ i0^5:S»'::/, "a^pRBX^iSS':.'»Ss P » A ^■j ISLV§t fnll ; .1 ^*3 !\W;“i[Jl\Y< ? ilm'OL\X! ? JH w««l BHr ^cani jSS^S it. rTV- j - ‘r VnctfQi; r,;. ,V}y f4^'^,-. .itfL^,jLJ^I -.Cv'' w&■^>-> « . *\ -VV-i • •• • ■ • ■ - ' ■' S '- iC^ K . V. .j:Mimai Cr- lA . ^luifi^::;'rfi v>- \-*.. . •**■ -T- >-'■ - ^>'V V. V 4 • ;^.- I' ■■ ^ f ft X ■■'■■" .?•. •/ ■>i^—A 1^ '’>- GG'-f/, fe.v :••.1 • ^ ^ • y^3'i • t/■ Px ‘X'ii‘fs. (6I tmi / •*. ' '. • i irS \ .> t. •': w 'VK 5 .■./:.^r*>:v'v.’.-'^* ►n ,'■> .* • ■' Ji * ‘Z'J- ---------- ‘T T * #■ ^ •|! i'o'- . • >;n . -:^a«ai*7?^ a* ■•r.» r. b fVt E=»^ ■_*• •,*,,,.*•••- i. •’ * • • ' ■/*/' • ■>• ’ ‘v< ^ - ' VAT*-- ' ••• r^. •* J!. * --» ^ ■•*%#- . •» ^^v ' .‘‘ ‘ r;...^ •* , vt'/.'-.tr'’ -- •V - />" 1 '• t / lJL mLi2QQ ■ ^ I —~__ r --------- « •!- ^'1 *' R' m ."-i -vS'•' r. .•V . » • 7 • V' ” • • * *•- • • . ^^. .* '♦ 4» • . -• \ V - ■^ ** *... * i.i^.j ■ -•^'‘ - *,*.f". *’S •*-•*•-V' i* v'V . ^T.-•* *“''• i» Pi' -ii •jp . ^ ^} ' ■ -V* / y ✓ .• .-r-< .. %T.V .* ,,.*^ I rv>RT, ^V®!? Viv Ti^ iWr -- -i ^ .V'h: p ' ♦ >1T'"»1 ,4' ^.5 vVt\ /—4r ' *^ > #i ' \ .^-:v •-'*••.M *: V*t 'tv • 1 .V- .i Perwit Mo. 77^< 7/tf^ 2^8. 7^V7 fev> //7<J 9^6,<<__ 9^1-7 3SV^ -JVy y^/. PERMIT RECORD Date //-/?-g</ Type of Permit /a»-V-;gV /<t»va/ /i/y. IY2 —------------5vy.rf(l <-Uhlir, L'U-fiF. 1-M jt2!:y>Si£L &>-/V-^Co. 6g - 3 °| 7 ■ 2-/t-<77 VI cxl J^ — REQUEST FOR COUNCIL ACTION OCJ 2 8 2002 cur u^ ohono DATE: October 23,2002 ITEM NO.: Department Approval: Name Paul Weinberger Title Zoning Administrator Admiobtrator Reviewed:Agenda Section: Zoning Item DcscriptioB: Lbt of Exhibits: #02-2839 Boyer Building Corporation 3320 Watertown Road Preliminary Plat Discussion A B C D John Boyer request to appeal the Storm Water Trunk Fee Mike GafTron Memo - Relating to the Storm Water and Drainage Trunk Fee Preliminary Plat Drawing October 1 5,2002 - Staff Report and Exhibits Council Discussion: This item is before the Council for discussion of the Storm Water and Drainage Trunk Fee. The applicant is proposed to divide a 50 acre parcel into 2 building sites. The new Sturm Water and Drainage Trunk Fee requires lots in the RR-IB (2 acre) district to pay $2,700 per acre totaling $135,000 for this lot. The applicant has requested the fee be adjusted based on the fact the fee assumes full development which will not occur in this case. Although the Council is not being requested to approve the Prcliminaiy Plat at this time, any comments relating to the subdivision are welcome. Application Background: The applicant has applied for a Preliminary Plat for a two-lot subdivision of a 50+ acre site located on Watertown Road, and a variance to permit additional width to an existing driveway that provides access through a protected wetland. The properly is located in a 2 acre zone and will be divided by creating two building sites (Lots I and 2) and shared driveway (Outlet A). The lot division is a front/back lot split, hence the back lot needs to be 3 acres. The general site plan meets all requirements for a front lot/back lot subdivision. Access to the properties would be through Outlot A. A driveway has e.\isted on the property since, at least 1975, through a large wetland basin. The City Fire Marshal and Long Lake Fire Department are reviewing the individual access for each lot. The Fire Marshal and Fire Department are being asked to comment on the driveway length/width and ability to turn emergency vehicles on each lot. It is likely that a circular driveway will be required for each lot. A detailed grading plan and driveway construction plan will require further engineering review. The City Engineer has recommended each driveway be designed to not exceed a 10% grade. Planning Commission Recommendation: By a vote of 7 to 0 the Planning Commission recommended approval of the site plan and approval of a variance to permit widening of the driveway through the wetland based on the following findings: * - ,f \.The layout of the lots meets the Zoning Code requirements for a front/back lot subdivision. 2. The proposed use of the land is consistent with the intent of the Comprehensive Plan. 3.The variance for the wetland crossing is justified based on the fact the wetland crossing is required for access and the access minimizes impact on the wetland and buffer area. 4. Each lot has demonstrated two septic sites for each lot meeting local and state standards. The recommendation included the following conditions: I.All preliminary grading and driveway plans shall be approved by the City Engineer prior to placing this application on the City Council agenda for preliminary plat approval. (Has not been completed). 2.The preliminary grading and driveway plans shall also indicate how the grading will impact the existing mature tree growth along Watertown Road. 3. 4. Standard drainage and utility easements shall be dedicated on the final plat over all wetlands. S’ along all interior property lines and 10’ along all exterior property lines. Required setbacks for Lots I and 2: Lot 2 Front 50’ Side 30’ Rear 50’ Side Adjacent to Outlot A 50’ Loti Front 75 ’ Side 45 ’ Rear 75 ’ 5.Final plat shall include recording of a shared driveway maintenance agreement for Lots I and 2. 6.Final Plat application shall include all required application fees, including payment of park dedication fees of 8% of the land value prior to subdivision, not to e,xceed $5,550 per lot and stormwater fee of $135,000 based on $2700 per acre. The Stormwater Trunk Fee of $135.000 is a concern to this applicant since the truck fee amounts to $67.500 per lot. The City has recently started a program that generates fees for City stormwater improvements that are specified in the Surface Water Management Plan. COUNCIL ACTION REQUESTED Council shall review the memo, attached as Exhibit B, regarding Staffs position to Mr. Boyer ’s appeal of the Storm Water and Drainage Truck Fee. Wendy Bottenberg - letter to dty.doc. * ft atifc Council Eih ibit A 10/2/D2 Orono City Council CityofOrono 2750 Kelley Pkwy Orono, MN SS3S6 Subject: storm water assessment at 3320 Water Town Rd. Dear Mayor, CiQr Council and Staff, Boyer Building Corporation Is requesting a division of one SO-acre parcel of land into two parcels. The two new home sites will consist of one site at approximately 6 acres of land of which S acres are buiidable arid another site 44 acres in size of which 5 acres are buildabie. It has come to our attention that due to a recent assessment, the lot split will trigger the burden of storm water management fees assessed at S2700. per acre. For this SO acre property that will amount to an unreasonable $135,000. This assessment over the 10 buildabie acres comes to $13,500 per buildabie acre and $67,500 per home site! With the 40 acres of surrounding wetlands on this site it is unlikely that this proper^ will ever need municipal storm water systems. As a developer, I understand the importance of a storm water management system to the communiQr and I agree the conununiQr should burden the cost of such a system. 1 think it makes sense though, that the costs need to he relative to the use. Fm hoping that given the high percentage of wetland on this site, these assessments can be linked to the zon^ density of the site and the number of units proposed. Our property is in a RR-IB zone of one unit for every 2 acres. Would an assessment of 2 units at 2 acres each be more fair and applicable to this situation? The resulting fee of $5400 per site k at least somewhat manageable and comparable with the costs applied to sites of like zoning but no wetland acreage. Respectfully, John Boyer New home divkion Boyer Building Corporation cc:David Truax of Burnet Realty Council Eihibit..B To: Prom: Date: Mayor and Council Ron Moorse, City Administrator Greg Gappa, Public Services Director Paul Weinberger, Planner Mike Gafiron, Planning Director October 24,2002 Subject: #02-2839 Boyer Building Corporation, 3320 Watertown Road - Appeal of Storm Water and Drainage Trunk Fee Attachments A • 2002 Fee Schedule B - Boyer Letter of Request In regards to Zoning Application #02-2839, a proposed subdivision to create two single family building sites, the applicants have requested a reduction of the Storm Water and Drainage Trunk Fee (“SW&DT Fee"). The entire parcel is 50 acres, of which 40 acres are unbuildable wetland and only 10 acres are buildable. The property is in the 2-acre zone, and the SW&DT Fee would be calculated under the current fee schedule at $2700 per acre or a total of $135,000, i.e. $67,500 per home site. The SW&DT Fee ordinance established a fee structure based on the entire acreage of the various zones of the City and did not exclude wetlands from the calculation. This fee structure will normally result in a reasonable fee for the typical developing property in Orono that has 15-20% wetlands (as indicated in the Comprehensive Plan, in Orono’s 7,000 acre “2-acre zoning” districts about 1300 acres or 19%, are wetlands). However, for a property that has a high percentage of wetland, the SW&DT Fee can be an enormous burden when considered on a per-lot basis. The justification is weak for collecting such a fee when the actual runoff impact is merely 2 new homes on 80 acres of property. The ordinance established a fee structure on the premise that the costs of a stormwater management system are higher on a per-unit basis at lower densities than at higher densities, similar to the costs of providing sanitary sewer to low density development. This is accounted for in the existing fee structure, as well as in the provisions for a 50% fee reduction for the 5 acre zone when buffer and drainageway easements are established. No such reduction was included for the 2*acre zones, as the long-term viability and maintenance of such buffers would be difficult. Rather than revamping the ordinance to exclude wetlands from the calculation or create buffer incentives for the 2-acre zone, staff suggests that the City establish a per-lot maximum fee for the 2-acre zone. This fee would be based on the projected 2-acre zone overall density of 1691 homes on 6811 acres or 1 home per 4.03 acres at full development, which is shown in fable 3B-2 of the CMP. Under this scenario, the maximum SW&DT Fee of ($2,700 x 4.03 acres » SI 0380) per single family lot would come into play for a rural subdivision that contains an extraordinary percentage of wetland. Staff Recommendation Staff leoommends that Council direct sUff to draft an ordinance amendment to Municipal Code Section 3.22 - “Rules and Regulations Establishing a Storm Water and Drainage Trunk Fee” for - _________________a__________________a_ •______________^ ^ m ^consideration and adoption at your next meeting, to incorporate a maximum per-lot fee for the 2-acre zones of $10,880 The Boyer application would then be subject to this revised fee structure. r I# 'i V , iflMi A, • ‘■n ZONING APPLICATIONS ^CONT.^ STOKM WATER AND DRAINAGE TRUNK FEES Applicable Code Scrtlow Ord.N()!2l4,2*'Serics Storm water trank fees apply to new (tevelopmcnt and redevelopment of existing properties and provide funding for the storm water infrastmeture necessary to serve the City. The trank fee is based on the land use and aereage of the property being developed. An equivalency factor multiplier Is assigned to each land use type, with a 2-aere residential lot considered as the standard in the City with an equivalency factor of 1.0. The table below lists the storm water trunk fees per acre for the various loning districts and land uses in the City, with a base fee of $2,700 per acre. 2002 Storm Water and Drainage Trunk Pees New Development Trunk Fee/ Land Use Acre Single Family Residential 5 Acre Zone (1)$2,160 Single Family Residential 2 Acre Zone $2,700 Single Family Residential 1 Acre 2k>ne $3,510 Single Family Residential '/i Acre Zone $4,050 Multi Family Residential 4 Units/Acre or Less $4,860 Multi Family Residential Greater than 4 Units/Acre $5,670 CommercinI or InduMrial $6,480 (I) For the S-acre zoning district, a reduction of up to 50% of the trunk fee for the lot will be allowed for the percentage of the lot protected by perimeter and/or drainage way buffer easements. These buffer easement areas shall remain in a natural condition. Redevelopment projects will be defined as any project to either remove and replace existing structures or to enlarge existing structures. These projects will be charged a portion of the base trunk fee adjusted for the area of expansion of impervious surface above the existing conditions. The table below lists the base trunk fee based on the area of impervions surface expansion and adjusted for the type of land use. The trunk fee shall be determined by multiplying the appropriate fee by the aereage of the development site. Area of Impervious Surface Expansion 0*1000 Square Feet t t tBUO I Square Feet More than 2000 Square Feet Residential Redevelopment or Expansion of Existing Development Trunk Pce/Aere $950 $1,190 $2,700 Commercial or Industrial Redevelopment or Expansion of Existing Development Trunk Pee/Acre $2,270 $4,535 $6,480 2002 Fee Schedule-Page 7 r Commcrefail or Industrial pment Redcvelopmeiit or Eipantion of Eihtine Development Tmnk Fee/Acre 12^70 K535 S6.4I0 — ■■ti r: i wm jtn r Conncil Exhibit 0 TO: FROM: DATE: * SUBJECT: Chair Smith and Orono Planning Commission M< Ron Moorse, City Administrator Wendy Bottenberg, 2U>ning Administrator/Planner October 11.2002 • #02-2839 Boyer Building Coip. 3320 Watertown Road Subdivision Public Hearing Zoning: RR-1B One Family Rural Residential District (2 acres) Exhibits A Application • • B Site Survey/Proposed property lines C 1975 Aerid Photo of Property D Plat Map E Orono Wetlands Map F Septic Review* by Matt Bolterman, On-Site Systems Mam;«;sr G Property Owners Notification List H Section 10.03, Subdivision 27 — Front Lot/Back Lot Standards I City Engineer Comments J MCWD Comments K John Boyer I otter - Storm Water Fee • * * • Application: The applicant has applied for a Preliminary Plat for a two-lot subdivision of a 50+ acre site located on Watertown Road. The property is located in a 2 acre zone and will be divided by creating two building sites (Lots 1 and 2) and shared driveway (Outlot A). The lot division is a front/back lot split, hence the back lot needs to be 3 acres. Lot 1 “ 44.04+ acres (5.84+ dry contiguous) Lot 2 “ 3.96+ acres (3.09+ dry contiguous) Outlot A “ 2.91 acres (Driveway Pertinent Code Sections: Section 10.28, RR-IB, Subd. 5(B): Lot Standards for RR-IB Zoning District Section 10.03, SubdK’ision 27 - Standards for the creation and use of lots which do not abut a public or private road. •02-2U9 Bg>«r BuiMfaii CMp 3320 Wamowii Road SttbdivWM Oci9«(rlt.2002 Paaiior4 Section 11.03, Subd. 2, Definition 24* "Lot Area, Minimuin"'Each lot shall contain the minimum area required for each proposed lot as prescribed in the he mng Chapter of the City Code. In rural zones not served by sanitary sewer, each lot must contain a minimum of two acres of contiguous dry buildable land exclusive of wetlands, public and private rights-of-way. All rural lots must comply with the City’s on-site septic system provisions of the City Code. Subdivision Standards: The general site plan meets all requirements for a front lot/ back lot subdivision. Back lots are defined as “a lot typically separated from a public or private road by another lot and which gains access to the public or private road via a narrow corridor. Such a separated lot is considered to be a back lot when the corridor is platted as an outlot..” The special requirements for a front lot/back lot division w the back lot (Lot 1), because the property does not have direct access to a road, must meet a minimum of 150% of the minimum lot standards in the zoning district, in this case Lot 1 must have a minimum lot size of 3 acres, and a principal building shall meet a minimum setback 150% of the distrit^ standard. The lot is in the RR-1B district, which requires a minimum lot size of 2 acres. Setbacks in the district are 50 front and rear yard, and 30 ’ for the side yard. Back lots are required to have a driveway access a minimum of 30 ’ in width. The shared driveway access meets the minimum requirements. Outlot A is much wider than 30 ’ at the road. This was done to all.->w the driveway approach to be located at the highest point to provide the best site lines for the drive vay. Septic Review: Each lot has demonsUated two septic sites for each lot meeting local and state standards. Matt Bolterman, On-Site Systems Manager, has approved the designs that were submitted. Wetlands: The surveyed area noted above reflects the recent wetland delineation. The wetlands on Lot 1 and Lot 2 are City protected. There will be some impact on wetlands by this development. Air photos indicate the access has been through the wetlands for many years. This driveway access is ver> nanow and may require widening. The Fire Code requires a minimum 20 ’ driveway access, including the portion that crosses the wetland. If that impact does occur the WCA guidelines would suggest that additional wetland area be created on the propert>. A variance will need to be granted to allow access to go thru the wetlands. i0}*3i)9 Bo)tr BtiiMinf Cotp SiMivitiM October 11,1002 rai(2or4 I r Driveway Acccss/Oullot A: The City Fire Marshal and Long Lake Fire Department are reviewing the individual access for each lot. The Fire Marshal and Fire Department are being asked to comment on the driveway length/width and ability to turn emergency vehicles on each lot. It is likely that a circular driveway will be required for each lot. A detailed grading plan and driveway construction plan will require further engineering review. The City Engineer has recommended each driveway be designed to not exceed a 10% grade. Outlot A would be commonly owned as an access outlot for the driveway. The City’s front lot/back lot standards require a minimum width of access outlets to be 30’ to accommodate drainage, snow removal and screening without encroaching on neighboring properties. Outlot A is 110 ’ wide meeting the 30’ requirement. Staff does not believe additional screening to the driveway will be required since the property is heavily wooded. Some existing trees will be required to be removed to accommodate a wider road surface and grading improvements to reduce driveway slope. Easements and Covenants: 1 . Standard drainage and utility easements shall be dedicated on the final plat 10 ’ along the exterior property lines. Ten-foot drainage and utility easements along the . A drainage and utility easement 5 ’ either side of the boundary between Outlot A and Lot 12 shall be granted. 2. The delineated wetland in the north and west quadrant of Lot 1 shall be subject to a protective covenant filed in the chain of title of the affected property, as an advisory to property owner and future owners that said wetland is subject to WCA regulation and/or U.S. Army Corps of Engineers jurisdiction. 3. Covenants shall be filed on the chain of title for each lot as an advisory to future property owners that a primary and secondary drainfield site exist on the property and are protected. Staff Recommendation: Staff recommends approval of the preliminary plat and a wetland alteration variance for the shared driveway based on the following findings: 1. 2. 3. The layout of the lots meets the Zoning Code requirements for a fronl1)ack lot subdivision. The proposed use of the land is consistent w ith the intent of the Comprehensive Plan. The variance for the wetland crossing is justified based on the fact the w etland crossing is required for access and the access minimizes impact on the wetland and buffer area. 4. Each lot has demonstrated two septic sites for each lot meeting local and state standards. ; trp #02-2139 Bo)cr Building Corp 3320 Watertown Road SiMhilioo Odote 11,2002 Ri«e3or4 Such recommendation is based on the following conditions: 1. All preliminary grading and driveway plans shall be approved by the City Engineer prior to placing this application on the City Council agenda for preliminary plat approval. 2.The preliminary grading and driveway plans shall also indicate how the grading will impact the existing mature tree growth along Watertown Road. 2.Standard drainage and utility easements shall be dedicated on the final plat overall wetlands, 5 ’ along all interior property lines and 10’ along all exterior property lines. 3. Required setbacks for Lots 1 and 2: Lot 2 Front 50 ’ Side 30’ Rear 50 ’ Side Adjacent to Outlot A 50 ’ Lot 1 Front 75’ Side 45’ Rear 75’ 4. Final plat shall include recording of a shared driveway maintenance agreement for Lots 1 and 2. 5.Final Plat application shall include all required application fees, including pa>Tnent of park dedication fees of 8% of the land value prior to subdivision, not to exceed $5,550 per lot and stormwater fee of $135,000 based on $2700 per acre. The Stormwater Trunk Fee of $135,000 is a concern to this anplicant since the truck fee aiiiounts to $67.500 per lot. The City has recently started a nroeram that generates fees for_ City .stormwater improvements that are specified in the Surface Water JVIanagcmcnt Plan. Staff will have individual discussions with the applicant about this issue and the City Council w ill review the fee structure and impact this dcvelnninrnr has on the overall management program. This fee will be reviewed bv the Public Works Department and City Ennincer prior to this preliminary olat anolication re% bv the City Council. Planning Commission Option for Action: 1. To approve. A recommendation of approval shall be subject to the condition noted above. 2. To deny, slating reasons. 3. To table. 4. Other Action. 1020139 Do>cr Building Corp 3320 Watertown Road Subdivision October 11.2002 Piie4of4 StHhiOOZ 01:l4i« FrorCITY OF ORONO 48822404111 T-Oro F.OII/Oll F-lfl / AppUeatlon # 0^. IH^ Rccdfed qt- ' Amoont Paid <» CITY OF ORONO - SUBDIVISION APPLICATION PROPERTY LOCATION , Siteaddress ^'^ZO y/»Tcv^ftwy\ Ed?. Op^KO.______ Pr(yet^Idqtfific»tionNumbcr(PID) / /J?> « ‘2.? ^ 4i oooi Please check one - Property ____abstract or _____torrens? Attach legal descriptioa to applicatioo. APPLICANT Name Co^po^C^''Oi^ - "ToIa »^ g Address gUVO PhnfM.nl^m»^ ' City Dd.€4j IVi,ua»N OWNER (if different than Mplieant) 'Naine___^k^l4l^' Zip g&t/ Phone(vroik)^^^2^7 Address CiQT__ (attach list if more than one) EXISTING LAND USE Number of Tax Parcels . Developmrat Size Present use (check) Present Zoning District Zip Phone Qiome) , Phone (work) I 4dS. ^.O Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units . / Other (speci^O ._____ PROPOSAL Division for Tax Purposes _________Lot Line Rearrangement Only (no new building sites) -■ Subdi^dsioD for New Building Sites Number of Building Sites / Existing Units / New Units 2^__ToUlUni‘j Proposed Gross Density Minimum Lot Size Proposed Use (check) Units per Acres 2. Sq. Ft Dry BuIIdable Land R^idential ________Other (specify)________ ^V” ■- / • ^ '''yr V' 9 / wMimi m: M- m tmrw ■ CCRTriCATC 0- SURVEY FOR ' BOYER BUILDING CORPORATION M SECTION 32*116-23 KENNEPM COUNTY. IMCSOTAUMilt r ^ uruur fmrjo-« «,H«Jo O' I 3:*:* ? T<^ li wv N OW »3* •tmst \k __________ _, I I/O Vf I rMUjf^ i iMlfc KNIifl • 1 #•■•««• tv — —F>Rr Ml •IM if— —»>■» t4 »l«fi §»•■• m% fei »4m* • 9»I r Mrm tat—tf la oft— «*• »a—Mriat ai laa aa« laa la—llaa^ li»M Mltltaa tHt« HOT OTT Hpr—OT—U ar ■iii —lW|iil>. aa mwOT OTIot !•• a< laa akava aaOTlftaa a«aaavlr. - aaa. II «Mt awl fmii U y\ r'\ t viMk . I .>Mii fiifi^iSiK' AV.l\V** »»C, f,w\ 1 -j' H $,- ■ %:m '•>: ■} :iw^'\- -.4 r^‘ i^* . ‘ :. ■» v'”—' -:-^..-5k # ■ ur% .4 ^; •. '* ■• *^* ^*'^^ Ci*-’ r? >.-:< 7 ,:^J5 ' /L.' fc 'V %» / V • >r- :>^. ":/ ms m , ■»'. '^'>>‘ ‘» • .'4 w ADM i ^ A $ 1. I % ■ ':: "-i- m / "-,s i:> *4^iV § I'saf .s H •. ^ *< •.?'. . ' . .. V» .ftV*-.^'7 ‘0^* t\' •* • • ' ^ ^ , -••'• i •,*.*» • a> •' kSl • W ^‘'''•■"'■“tgaiiiB Htf mm fiN Ml a U ••■ 1^' tC-r : '. { A f a? J* ^ ^ 1 I « / . ^ .-I :| ' ’‘ '*1 M.' ■' <£jSSS2 .rr,r. •-' 1. 4- t ■ ‘V ^ pr.''-(»visT>-4yv; \ ••r CITY of ORONO Municipal Offices tiratt Mints: 2750 Ktllsy Ptrfiway OroM. IM SS350 mHaf Mintt; P.O. Bn 66 Ciystal Bay. MN 55323 0066 TO:Wendy Bottenberg FROM:Matt Boltemuui, On-Site Systems Manager DATE:October 9,2002 SUBJECT; Septic Review for Boyer/Lund Property 2-lot Subdivision The property for Boyer/Lund has two approved plans for mound septic systems on each of the two proposed lots. The report was done by Steve Schirmers on September 19,2002. The sites are for S-bedroom septic systems. These sites meet all Orono and State Septic Code requirements. I recommend approval based on septic concerns. 1WaphMi 0lD2<Mia t • iu(9S2)24M«l< mJN DATE •S,Ar/9t uitn st2 NCNNCflN COUNTY fOOfCirTY INFORHAi^UN SYSTEM PROPEIITY OWNERS LIST •112 oNNit mm TAXfAYti NANE/AON sa is-iiT-ES 11 •SAOS NICN U K N t 0 0 REILLY KEVIN t DENISE REILLY SAfS NION LA LOtm LAKE m 55S5A sa •5-117-29 11 •••$ •••95 LEAF ST E C ORANAN 4R E C ORANAN JR 95 LEAF ST LONO LAKE NN 55S5A OWNER NAME TAXPAYER NANE/AOOR sa S2-iia-2s IS •••s ••MR STUaaS DAY RO N TODD N I DONNA N OAUSE TODD I DONNA OAUSE ••• STUaaS DAY RO LONG LAKE NN 55S56 sa S2-11D-2S IS •••• ••AAR STUDDS DAY RO N FREDERIC P RIEDEL FREDERIC P RIEDEL P 0 DOX 19A LONO LAKE NN 55S54 PROP ADDR OWNER NAME TAXPAYER NANE/AOOR I sa S2-11D-2S 21 •••• •••sa ADDRESS UNASSIDNED DURLINGTON NORTNERN RY D N a SANTA FR RR CO PROPERTY TAX DEPT PO DOX ARIOSA FORT WORTN TX 74141 sa S2-lia-2S A1 •••! •SS2R WATERTOWN RD RODERT T LUND RODERT T LUND •!•• 54TN ST W RXIEE EDINA NN 55A2A TAXPAYER NANE/AODR sa S2-11D-2S A2 •••• ••S50 sTuaas day ro n JERRY CAE NYRENE IVERSON JERRY CAE NYRENE IVERSON S50 STUDDS DAY RD N ORONO NN 55S54 sa S2-•••sa JANES D JANES D2ASA nunm WAYZATA NN a-2S-AS AOIZ S UNASSICm PROP A*WNI OWNER NANE (PAYER :/ADOR TAXPA1 NANEi sa S2-lia-2S M •••2 •S2aa WATERTOWN RD 0 L ROLLER A C J ROLLER GARY L ROLLER S2aa WATERTOWN RD LOW LAKE NN 55S54 sa S2-110-2S 44 •••S •SZaO WATERTOWN RD 0 L ROLLER A C J ROLLER OART L ROLLER 3200 WATERTOWN RD LONO LAKE NN 55S54 OWNER NANE TAXPAYER NANE/ADOR sa S2-lia-2S 44 •••§ •SS44 WATERTOWN RO VAN NUDDELL VERNE N NUDDELL BS40 WATERTOWN ROAD LONG LAKE NN SSS54 sa S2-11D-2S 44 •••4 •ssao WATERTOWN RD ROSS R REPKE ROSS R REPKE SUE WATERTOWN RD LONO LAKE NN S5S54 REPORT NO. PI4S54R1 PAGE 7 sa S2-11S-2S IS •••! •S5R7 WAYZATA DLVD W DON DRIAN FULNER D DRIAN FULNER S505 W^Y7ATA DLVD LONG LAKE NN 55S54 SO 92-lia-2S 14 •••2 •S245 WAYZATA DLVD W N F EISINCER ETAL NOWARO F EISINGER 3245 WAYZATA DLVD W LONO LAKE NN 55S54 • I sa S2*lia-2S 42 •••s ••2G0 STUDDS SAY RD N C J A 0 N DOLLIS CimiSTOPNER A GAIL DOLLIS 2AG STUDDS GAY RO N LONO LAKE NN 55S54 ■ .1) sa S2-11D-2S 4S AOIS •••sa ADDRESS UNASSIGNED JANES D NACKINNON ET AL JANES D NACKINNON 24S0 NEETINO ST WAYZATA NN 55S91 % '( SS S2*1M-2S •5S4» NATHTONN RO VERNE MURRELL VERNE MURRELL SSAt NATERTOMN RD LONG LAKE NN SS55A M S2’11R-2S 4A RtRy •SAtS NATERTOMM RO $ E ESROU A L J ESKOLA SCOTT E A LORZ J ESKOLA SARS NATERTOMN RO LONG LAKE NN S5SSA I •. . r RUN OATC 99/17/n BATCH St2 HCNNEPIN COUNTY PROPERTY ZNPORHATION SYSTEH PROPERTY OWNERS LIST •REPORT NO. PMSSAtl PACE 0 PROr .ADM OWNER NANE TAXPAYER NAIC/AOM PROP AOM OWNER NANE TAXPAYER NANE/AOM PROP ADM OWNER NANE TAXPAYER NANE/AOM PROP AOM OWNER NANE TAXPAYER NANE/AOM PROP AOM OWNER NANE TAXPAYER NANE/AOM 50 SE'llO'ZS 44 0010 00051 AOMESS UNASSICNED NARY FARRELL ETAL WARD FERRELL S41B WATERTOWN RO LONO LAKE NN SSSSO SO S2-110-2S 44 0011 0S41S WATERTOWN RO L X FERRELL ET AL SUBJ/LE WARD 0 NARY FERRELL S41S WATERTOWN RO LONO LAKE NN 55350 SO S2-110-23 44 0112 0S240 WATERTOWN RO W HENDERSON t R L HENDERSON WILLZAN 0 ROSLYN L HEMERSON 4S0 WAKEFIELD RO WAYZATA HN 55S91 SO 32*110-23 44 0013 0S220 WATERTOWN RO W HENDERSON 0 R L HENDERSON WILLXAN 0 ROSLYN HENDERSON 430 WAKEFIELD RO WAYZATA NN 55391 SB 33-110-23 23 0002 03025 WAYZATA BLVD W ROBERT E 0 KATHRYN DUHAS RMERT E R KATHRYN OUNAS 3025 WAYZATA BLVD LONB LAKE NN 55350 SO 33-110-23 31 0010 00030 ADDRESS UNASSICNED GN RY CO B N 0 SANTA FE RR CO PROPERTY TAX DEPT PO BOX 901009 FORT WORTH TX 70101 SB 33-110-23 32 0002 00038 AMRESS UNASSICNED BURLINCTON NORTHERN INC B N B SANTA FE RR CO PROPERTY TAX DEPT PO BOX 901009 FORT WMTH TX 70101 SB S3-11B-2S 32 0005 00375 OLD CRYSTAL BAY RD N CITY OF ORONO cm OF ORONO P 0 BOX 00 CRYSTAL BAY NN 55323 3B 33-11B-23 32 OOOO 0003B ADDRESS PENDZNO cm OF ORONO cm OF ORONO P 0 BOX 00 CRYSTAL BAY NN 55323 SO 33-110-23 33 0004 00135 CRYSTAL CREEK RD JAIL OOOOWALO JERRY 0 LORRAINE OOOOWALD 135 CRYSTAL CREEK RD LONO LAKE NN 55350 38 S3-11B-23 33 0005 00105 CRYSTAL CREEK RD LAKEWOOD OEVELOHPENT INC LAKEWOOD OEVELOHPENT INC 2354 W WAYZATA BLVD BO LONO LAKE HN 55350 30 33-110-23 33 0000 00175 CRYSTAL CREEK RD CHRIS PAUL 0 JULIE PAUL CHRIS PAUL 0 JULIE PAUL 175 :RYSTAL creek RO LONC LAKE HN 55350 TOTAL BATCH 502 iOOSO 1 ' '.7if c t .7 s:.- > • • § 10.03 lubd. 23. ^ Pemut Required. The requirements of Subdivision 19 are not intended rip-rap lakeshorr Any unusuU rip- Council for action in ilcordance with this Chapter. Ji to govern the l^mal and customary rip-rap of lakeshore property. It is unlawful for any person to re^roperQr within the limits of the City without a permit issued by the City Eneirteer Any unusull rip-r^^ll be referred by the City Engineer to the Planning Commission and the >1. Source: Ordinance No. 167 Effective Date: 6-25-74 Subd. 24. Applicatin^M Permit. An application for such permit shall be accompanied by a drawing showing the location 9^e proposed rip-rap and such other information as the City Engineer may require fiom time to timd^pUcations shall be filed with the City Administrator and shall accompanied by a fee in the amoim^rescribed by the current City fee schedule payable to the City. r-, Source: Ordinance No. 196 Effective Date: 8-22-77 j;: Subd. 25. Mining. The commercial extracthm of sand, gravel, or other material from the land and removal thereof from the site without processi^ shall be mining. In all districts the conduct of mining shall ^ permitted only upon issuance of a di^i- tional use permit Such permit shall include, as a condition thereof, a plan for a finished grade wl^h will not adversely affect the surrounding land or development of the site on which the mining isKring conducted, and the route of trucks moving to and from the sites. A bond will be required for rStoration. Subd. 26. Soil Processing. The operation of processing of sand, glayel, or other material mined from the Iwd shall be permitted only by conditional use permit Such colFWtional use permit s^ll include a site plan where the processing is to be done, showing the locahtm of the plant, disposal of water, route of trucks moving to and from the site in removing processeoWterial from the site, the condition in which the site is intended to be left upon completion, hour of op^tion, Anrf such permit shall not be granted for a period of longer than twelve (12) months Source: Municipal Code Effective Date: 9-14-67 Subd. 27. Special Standards for Back Lots Created After January 1,1994. • Back lots as defined in this section which were created as part of a subdivision that received preliminary subdivision approval after January 1, 1994 are subject to the following special requirements in addition to the standards required in Section 11.31, Subdivision 5 of the Orono Subdivision Code: A.Dimensional standards for back lets shall be as follows: 1. Lot area ’hall be 150% of the zoning district requirement. ORONO CC 259 (4-1-84) § 10.03 2.width measured parallel to the front oi lot wiU be ffyatd starting where the narrow acc^ otSot k«k I«. ,h11 ft. ,0, «idft ., ft. street yard setback line. 150% of the »niog dislric. yard ™ »Wl b.requirement. be 150% of fte aoning dbtiict y«d f. '5" J'"'* "'PO” «>' t»ck lots shall lot shall mnt the aoning district lakeriiore yard lejlliremeilri!' * lakeshore back . Oont^k lot division shall Street y«d requirement for that zoning district C.Access requirements. nng both front lot and back lot share a the City may require that that creating an additional access to the existing street uill be a JJitenUal ^iety the side or rear lot lines of adjacent lots"'^*'^^* ^ located at least I O' froi located within an access outlot residences may be served by a drive\vay ouUot except when the intent is^to ^ abutting an adjacent road meeting City standards. of« PuWic or access or private D.Screening requirements. screened by fencSng or vegetation at the discreUon of outlets shall be adequately ORONO CC 259-1 (12-13-93) J § 10.03 2. Tlie street yaidofdie back lot shall be adequately screened by fencing or vegetation at the discretion of die City; so as to eliminate intrusion of vehicle headlights into the side or rear yards of adjacent lots. E.Standards for accessory structures. Accessory structures shall adhere to all requirements of the zoning code, with the follov^ing additional requirements: 1. .. Accessory structures widiin a back lot shall be allowed no closer than Ity to a neighboring property's side or rear 3rard. 2. Accessory structures diall not be allowed within the required street yard of a back lot nor within the required rear yard of a front lot which abuts the street yard of a back lot. 3. No accessory structure tiiall be allowed widiin an access outloL (Sections 10.04 and 10.05, inclusive, reserved for future eiqpansion) ORONOCC 2S9-2 (12-13-93) 7 Oet 09 2002 ll:03Rn BOliESTROO ROSENE RNDERLIK 6516361311 Bonestroo yJgwiQceng &S Anderlik & ^ ^ Associates Engineers ^ Architects til In*. I* M AfriTMattii* Acn«vt«iul Opp*>tunlly my|«|gi October 9.2002 ••nettfoe. BeMfit. AMerlth Ai P9l9*€i^9H: Otto G. SongRro*. M . L Irniomm. M • Gi«ort li Cooe. Ft • «oota a ScMicnr KL m Mrry A towrdorx fM. St#M«r CefiMliams; toftert w. Iloicne. n. e ^itpn C AaOtmii. W.• RichM f. «. • Satin M. iMrfei. cj»a. Aiiocigfg Frlncl^grt: Mih A. Oorogn. PA • toDgrt ft. Prcfftrltg PX. • fflcrvifd W. Potttf. PX. e Oietd O. mm Mark A HanjOA. PX. • Mkhitl f. Pamraunn. PX • Pid X Pield Pf. • A&nrwth P Andengn PX. • Mart x PMfi. PA « Oavid A ■antttfod. Mf.A • lldnty A WMarmar« Pf. c* • Adnct M. dwig. MJLA • Mm Met Scfviddt Pf. • Thoirai W. ftftrsoA. Pf. e Jarntf X Maland. Pt • Mlti •. itrugn. Pf. • t. Phi'liG G'gvtI it Pi. • Oavdvi l Pdae^ton. PX Itmjgl Mariirtgi. PX. • Fhomat A Spffca. Pi. • Shtldon i. Jonnjon • Ma A Gravg. PX. • Thoaiai A. toupiar PX • iabtrf i. Oevarii PI. ' Officaei It. PatA $1. Caod. PochcRcr and Wilimar, MN • Mrt«vgutgg; Wl • Cnxtia. II kMbaltai wanMiaraiiraa.com Wendy Botteoberg Zoning Adroinistrator/Planncr City of Orono Post Office Box 66 Crystal Boy. MN 55323 Re: Boyer Building Corporation File No. 139-02.000 Plat No. 02-2839 Dear Wendy: Wc have reviewed the survey for the Boyer Building Coiporation property. The site is located at 3320 Watertown Road. The applicant is proposing to subdivide the property into two buildable lots. We have the following comments with regards to engineering matters: The site is comprised of primanly low-lying wetlands. The wetland boundaries adjacent to the buildable portions of Lot I and Lot 2 and all of Outloi A should be delineated and the ^ delineated wetland boundaries shown on the . vey. Drainage easements should be provided over all wetlands and drainage ways. Drainage and utility easements should be provided 5-feet wide along all lot lines except along the railroad and Watertown Road frontages where they should be 10-feet wide. Access to Lots 1 and 2 will be provided from Watertown Road across Outlot A. The existing grades on Outlot A north of Watertown Road exceed 13%. The driveway that serves Lots I and 2 should not exceed a 10% grade. The driveway should be constnicted to a minimum w idth of 20-feet. Driveway constniction may impact the existing wetlands and mitigation may be required. Final driveway plans should be submitted tc the fire department for review. A driveway access easement/agreement should be provided over Outlot A to provide access to Lots I and 2. If you have any questions please call me at (651) 604-4863. Yours very truly, BONESTROO. ROSENE. ANDERLIK & ASSOCIATES. INC. Tom Kellogg Cv: Greg C-ppa. City of Orono 23JS west Highway Jd • St. Paul. MN 55ltJ • •Sf*4ld*4600 • Fax: 6SI-436-I311 • a e ... OCT-0B-2B02 15:53 QnyRMhMiMCiniv Hi*y«.1SI1tiNaN«i« lUI; SSPOSMywBodRotd bnWmiNi8S31-9878 Phonr{0S2)471-0660 tac(863)4714i4«? ErmI:• • ■dmlntfntawWaaMlufB W»8R>: wwiiMninMhthacraeiuRg Boaddafllmgtn Pvn0taQ.Bbit JvnMCaldni Lancantnr Mania Grim Scott Thomu RIchinIMitar RobtftSoliRiadif ■tSaSaMMM MINtCHRHR CREEK MRTER90 6124710682 P.01/02 liimekaha Greek lA Watershed District T In^rmritig Quality tfWater, Quality £ec'd /ols/o3~ October 8,2002 Wendy Bottenberg Qtydf Oiono P.O. Box 66 Long Lake. MN 553S6 Boyer Building Coiporation 18279 Minnetonka Boulevard Wayzata, MN SS391 RE: Two-lot aubdivisioo at 3320 Watertown Road. Qty of Orono Dear Applicant This letter is to inform the property owner and City of Qreenwood that after reviewing a brief project desertydon for the location cit^ above, it appears that the project will require permits firom the Minnehaha Creek Waierdted District Once the project design is finalized, MCWD encourages you to submit an ^rplicadon as soon as possible. Projects of tids nature will require qiproval of the MCWD Board of Managers which typically ranges between 30-4S days. Delays in submitals Mill ultimately result in project delays. Please consult MCWD Rules for guidance on the required exhibits to be submitted with an applicadon. hi addidon to the iteau included in the District Rules, the following bulleted items must be submitted as a part of this specific project applicadon: • Rule A: Procedural Requirements 1. Submit address labels obtained from Hennepin County which cite the names and addresses of all of the property owners who reside within 600 feet of the project area 2. Nodficadon of tqiproval or prrlimjnary approval from the Gty Council or Planning Commission • Rule B: Erosion Control 1. Plan must state with detail vegetation and stabilizadon will occur within 48 hours of completed grading 2. An erosion control plan must be submitted with this application. This includes indication of silt fence and all other necessary erosion control measures, which nuist be placed on all downhill slopes in areas where grading will occur. • Rule D: Wetland Protecdon 1. A wetland delermuMdon nnist be performed on ^ site I ! s OCT-e8-20e2 15:S3 MIMCMPHA CREEK URTERSICD Milielilui Creek 6124710682 P. 02/02 Wttersked Ustrict Qi^f RiriMlir Curtif Hqii.15l1l.NMim aSOOMkimodRetf EnWei;MNSSS31-i87l n»nK(863)471-tfM Rn:(962)471<0682 1 ff wetlaiub are found to be pieient, 1 dtliiiMtiaB of eich basin ioddelinciition report must be submitted a ^ erawitao «Mita m eiMed»»ita W«lM^ i2*!5fL^ ** included in aceasdnce wbh MCWD Rule D guidelines. WMsnd buSm range between 16.5* to 35 ’ end ate proportional to die size EnA sMn0irimehaha0Ni(.e(8 WiblliK swwjilnMiiihiaMlLoiB unes on die property, Sincerely, Michael iTWyatt Distiict Technician ■oeidofllanagin RunaiiaBbl •IsmaCaiUns lanes Pahtr Monica Qreu SeoHlwnaB Hehaidlihr BQImSCnRMtf 0.rssssscr rtirm-imnn----nnna 2 Trrra p 90 Wendy Bottenberg - letter to city.doc 10/2/02 Orono City Council City of Orono 2750 Kelley Pkwy Orono. MN 5S3S6 Subject: storm water assessment at 3320 Water Town Rd. Dear Mayor. City Council and Staff. Boyer Building Corporation is requesting a division of one 50-acre parcel of land into two parcels. The two new home sites will consist of one site at approximately 6 acres of land of which 5 acres are buildable and another site 44 acres in size of which 5 acres are buildable. It has come to our attention that due to a recent assessment, the lot split will trigger the burden of storm water management fees assessed at $2700. per acre. For this 50 acre property that will amount to an unreasonable $135,000. This assessment over the 10 tuiidable acres comes to $ 1 3,500 per buildable acre and $67,500 per home site! With the 40 acres of surrounding wetlands on thii site it is unlikely that this property will ever need municipal storm water systems. As a developer, I understand the importance of a storm water management system to the community and I agree the community should burden the cost of such a system. I think it makes sense though, that the costs need to be relative to the use. I'm hoping that given the high percentage of wetland on this site, these assessments can be linked to the zoned density of the site and the number of units proposed. Our property is in a RR-IB zone of one unit for every 2 acres. Would an assessment of 2 units at 2 acres each be more fair and applicable to this situation? The resulting fee of $5400 per site is at least somewhat manageable "nd comparable with the costs applied to sites of like zoning but no wetland acreage. Respectfully, John Boyer New home division Boyer Building Corporation cciDavid Trua.\ of Burnet Realty Pace 1 r •••••• • ocr ^ 8 2002 CITY OF ORONO DATE: ITEM NO. 12- Agenda Section: Zoning Application Deadline: 9/30/02 60 Day Deadline: 11/29/02 REQUEST FOR COUNCIL ACTiv. N Department Approval: Name: Wendy Bottenberg Title: Zoning Administrator Item Description: #02-2841 David and Jermifer Dickey 4425 North Shore Drive Variance Exhibits: A Resolution B StafTReport and exhibits of 10/21/02 Pertinent Code Sections: 1. Section 10.22, Subd. 2: Hardcover in 75-250’: Within 75-250' of the lakeshore there shall be no greater than 25% hardcover. Variance Request: To permit 4,965.4 s.f. (33.0%) hardcover where 3,706.5 s.f (25%) is allowed. .‘.pplication Summary: The applicant has recently acquired the subject property and is proposing to make improvements to it. 1 he applicant has requested a hardcover in 75-250' setback zone variance to permit construction of an attached garage and foyer to the existing residence. The garage and foyer addition consists of a three stall garage and foyer totaling 1,293 s.f. The proposed garage and foyer addition *s on the north side of the existing residence. The existing tuck under garage will be turned into living space. The existing residence and other items located in the 75-250’ setback zone comprise 4,565.4 s.f. (30.8?'b) hardcover. The garage and foyer addition increases the hardcover to 4,965.4 s.f. (33.0%). A portion of the propo.sed garage will be over existing driveway. The residence was built in 1971 in its present location. There have not been any improvements to the property according to city records. There was an accessory building on the property that was in disrepair and the present uwner demolished it in March 2002. A gazebo t>|>e structure still exists at the south end of the lot near the lakeshore. The property is located on the west side of the channel going to Forest Lake. It has water on tw o sides limiting the buildable area of the property. Because of this uniqueness, almost 80% of the property lies within 75’ of the lakeshore. This is similar to the Pheasant Road property w hich was granted hardcover variances earlier this year, partly based on the fact that the runoff from the residence and driveway has a significant area of 0-75’ to filter through as compared to the typical lakeshore lot; in this case it is spread over a 0-75’ zone that is 150’+ in width. The subject property shares a driveway with the adjacent neighbor to the west. There is a turnaround enabling the property owner to exit the property to drive out onto North Shore Drive rather than backing out. PLANNING COMMISSION: Planning Commission recommended by a 7 to 0 vote to: Approve application as presented. STAFF RECOMMENDATION: To q>prove the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed lesolution. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2; AND SECTION 10.56, SUBDIVISION 16 (L)(2) FILE NO.02-2841 WHEREAS, David Dickey and Jennifer Dickey, (hereinafter "the applicants") are the owners of the property located at 4425 North Shore Drive within the City of Orono (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 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L)(2) to permit 4,965 .4s.f. (33.0%) hardcover in the 75-2.^0' lakeshore setback where 4,965.4 s.f (30.8%) hardcover exists and 3,706.5 s.f. (25%) is allowed to permit construction of an attached garage and foyer to the existi’'g residence; 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 October 21, 2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1 . This application was reviewed as Zoning File #02-2841 . 2.The property is located in the LR-IB Zoning District, where 1 acre is the minimum required lot area. 3.The Orono Planning Commission reviewed this application on October 21,2002 and recommenued approval of the proposed variance based upon the following findings: The existing residence was built in 1971, prior to current zoning standards. Page 1 of 6 A, r, B. The topography of the property is such that runoff will drain toward the lake and not toward neighboring properties. All the property within 75' of the lakeshore will provide an adequate absorption area. C. The adjacent proper ties are not affected by the garage and foyer addition. D. A portion of the garage addition is over existing driveway hardcover. E. The lot coverage by structures is well below the allowed 15%. F. The property has water on two sides, with aln: ^st 80% of the property within 75’ of the l^eshorc. 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 trafHc conditions, light, air, nor pose a fire haza.*‘d 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. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicant and the effect of the proposed 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 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L)(2) to permit 4,965.4s.f (33.0%) hardcover in the 75-250' lakeshore setback where 4,965.4 s.f (30.8%) hardcover exists and 3,706.5 s.f (25%) is allowed to permit construction of an attached garage and foyer to the existing residence. 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 funher Planning Commission and City Council review. Page 2 of 6 2. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the ^te of Council approval, or these variances will expire on tnat date (Octoter 28,2003). 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, a.id shall be punishable as a misdemeanor. 4. The undersigned applicant has rend, understands 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 C ty Council of the City or Orono, Minnesota at a regular meeting held on the 28th day of October, 2002. ATTEST. Linda S. Vee, City Clerk Barbara A. Peterson, Mavor Property Owner (s) S l ATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 28th day of October, 200? 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 • 1 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _day of October. 2002 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota tpunicipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of , 2002, appeared before me, ____ who is personally known to me ____whose identity I proved on the basis of personally 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 SI A1E OF MINNESOTA COUNTY OF HENNEPIN On this day of ,2002, appeared before me, ____ who is personally known to me ____whose identity I proved on the basis of personally whose identity I proved on the oath/affirmation of, a credible wi‘ tess and who executed the foregoing instrument, and acknowledged that he/shey'they executed the same as his/her/their free act and deed. Notary Public Page 4 of 6 Exhibit A DESCRIPTION l«t l» AddHIen to Sego HI, Mnoigln Countji; IflniMMla* legtttMT «Wi mtS m .w lOTow us^Niiiy Qi ins moil soMiooiiiny coiMf Lot 1* H!* mt «r th« dtoy «• plotM k Um rwr «f aoM Lot 1. M«w» MmUnmUrty dong ttio add ano to mod Northorf oemor of aoM lot. Southvootorty along too Woalorty Aim. toonoo Wootorty dong add In Toirano toonoo tatorfy dong «Marly nno oMho Foraol toonoo ahoro to too point of boglmin^ f-. I' ■i k Page 5 of 6 ittiie covn MiMi • • rr fMt smm ■ii»R Mi»»t tL—•» fiisn WWV. u. NAUD covn AMAfr 7t • MTI •*■ 6ft 1ii’IBKft a. NAAD COfim fll CHANNEL T 0 FOREST LAKE X BS |V\ mL Hii Sr.lITJ*. OM 0 iMteM R iMlii Mh G LAKE MINNETONKA (WEST ARM) WARR BJMAIOM: tm iM ML ■■ • tmm M pAAvr-MlR CWDilAil’r MO( VAIOI OXVArOMs M —I MOMST KNOW «A1DI OMROIR m T if-fv (»i»-w()niAHab Ml MM u 8CHOELL A MA080N. INC. rwdM) MiaiM #2 !P&1Ar^r .') ► a.II I CAim OCHI TITANMi CONSTRUCTION 7 I r TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg, Zoning Administrator/Planner DATE: ' October 11,2002 SUBJECT:«02-284I David Dickey 442S North Shore Drive Variance — Public Hearing 2U>ning DistricI: Lot Area: LR-IB One Family Lakeshore Residential District (1 acre) 42,103 s.f. (.96 acre) Exhibits: A Application Survey Hardship Statement Elevations Photo of Property Plat Map Property Owners List B C D E F G Pertinent Code Section: 1. Section 10.22, Subd. 2: Hardcover in 75L250': Within 75-250'of the lakeshore there shall be no greater than 25% hardcover. Variance Request: To permit 4,965.4 s.f. (33.0%) hardcover where 3,706.5 s.f. (25%) is allowed. Application Summary: The applicant has recently acquired the subject property and is proposing to make improvements to it. The applicant has requested a hardcover in 75-250' setback zone variance to permit construction of an attached garage and foyer to the existing residence. The garage and foyer addition consists of a three stall garage and foyer totalling 1,293 s.f 1 he proposed garage and foyer addition is on the north side of the existing residence. The e.xisting tuck under garage will be turned into living space. The existing residence and other items located in the 75-250' setback zone comprise 4,565.4 s.f (50.8%) hardcover. The garage and foyer addition increases the hardcover to 4,965.4 s.f (33.0® o). A portion of the proposed garage will be over existing driveway. Ilte residence was built in 1971 in its present location. There have not been any improvements to the property according to city records. There was an accessory building on the property that was in disrepair and the present owner demolished it in March 2002. A gazebo type sUxicture still exists at the south end of the lot near the lakeshore. •02-2S4I David Dickey 4425 North Shore Drive 10/11/2002 Page I of3 1 Discussion: The property is located on the west side of the channel going to Forest Lake. It has water on two sides limiting the buildable area of the property. Because of this uniqueness, almost 80% of the property lies within 75* of the lakeshore. This is similar to the Pheasant Road property which was granted hardcover variances earlier this year, partly based on the fact that the runoff from th e residence an driveway has a significant area of 0-75* to filter through as compared to the typical lakeshore lot; in this case it is spread over a 0-75* zone that is 150*+ in width. The subject property shares a driveway with the adjacent neighbor to the west. There is a turnaround enabling the property owner to exit the property to drive out onto North Shore Drive rather than backing out. Statement of Hardship: The applicant has included their statement of hardship in Exhibit A. The applicant should also be asked for their testimony regarding this issue. The property owner feels a variance should be granted due to the disproportionate amount of land located within 75* of the lakeshore. bsucs for Consideration: 1. 2. The existing residence was built in 1971, prior to current zoning standards. The topography of the property is such that runoff will drain towards the lake and not toward neighboring properties. All the property within 75’ of the lakeshore would provide an adequate absorption area. 3. 4. 5. 6. 7. The adjacent properties are not affected by the garage and foyer addition. A neighbor did call in support of the proposed project. A portion of the garage addition is over existing driveway hardcover. The subject property shares a driveway with the adjacent property to the west. Is there any hardcover on the property which could be removed to bring it more into conformity or to at least keep the hardcover at is present level? 8. 9. The lot coverage by structures is well below the allowed 15%. Other issues raised by the Planning Commission. IV02-2S4I David Dickey 4425 North Shore Drive lO/I i/2002 Pile 2 of 3 ■ Stair RccoHBiMdatioB: Staff recommends approval of the hardcover in 75-250* setback zone variance to construct an attached gaAge and foyer to the existing, residence. OpdoB for ActioBs: 1. Recommend qiproval of variance. 2. Recommend d^al of variance. 3. Table, giving iqyplicant direction. 4. Other action. «02-2l4l David Dkkey 4423 Nonh Shore Drive 10/11/2002 P«e3of3 _____....___ Lot Area: ANALYSIS WORKSHEET LR-IB 1 Lot Area Required 43,560 sf. (lacre) Actual 42,103 s.f. (.96 acre) Hardcover Cakalations: Distance from Total area in Allowed Existing Proposed shoreline setback hardcover hardcover hardcover 0-75'27,277 s.f.Os.f.340 s.f 340 s.f (0%)(1.2%)(1.2%) 75-250 ’14,826 s.f.3,706.5 s.f.4,565.4 s.f 4,965.4 s.f (25%)(30.8%)(33.0%) Structural Lot Coverage: Total Lot Size Total Structural Coverage 42,103 s.f Allowed: 6,315.45 s.f (15%) Existing: 1,654.3 s.f (3.9%) Proposed: 2,947.3s.f (7.0%) 111:1 11'i] Iion» ^j2 Paid <JKLSO.O€/’• »• . , 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-confonning structures $250.00 Afier-the-Fact Fees (Double application fee) Date Received Amount Paid •• • I PROPERTY nWORMATION Site AdditssWx^^ SHlOife Property Identification Number fl*.II).l Ol^t ^<4 - Attach legal description to application if not included on required survey. Date Pron^ Acquired _______________ I (do) (d^^) also own the adjacent parcels of land. Present use of prqwrty: )C residential __other (specify) Zmiing District: ,(month/year) ™ txde^ (os M^)PIuk (home) Name VKVlD T)flAtt>e)X)glUu Phone(woric) UL- ....... zipr${\i;^ APPLIC Name Address City: WMI OWNER (if different than applicant) Name Address: Phone (home). Phone (woric)_ City:.Zip:, DESCRIPTION OF RE()llEST Describe request in detail: __ Estimated Construction Cost $ (attach additional sheets if necessary) VARIANCES REQUIRED ___Lot Area Lot Width % Hardcover .Lot Covmge S^back:.Front Side Rear Average Lakeshore Other (specify) HARDSmP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with 2Uming Code requirements:______________________ (attach additional sheets if necessary) A REQUIRED SUBMITTALS All .flf the following information mmt be aubmUttd bv tht apnligation deadline In, order for vour appligation to be niiiaMgrgd 1. 2. 3. Completed Application Form Certified Prope^ Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-5910). Certificate of Survey (signed by a licensed surveyor) and* include hardcover calculations as required. In addition, provide one (1) copy 8'/i" x 11" for reproduction. Topographic survey (existing and propose elevations) if .ahy changes in existing grade are proposed. In addition, provide one (I) copy 8'/a" x 11" for reproduction. Sketches or plans of floor & elevation views provide one (1) copy 854" x 11"). List of the legal names (include marital status) of All persons with an interest in the property. This would include naine(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this applicati^. Additional items as may be requested by City staff. ^ . . . fl • • ' , . ___ -***••* wf The Applicant «»d Property Owner must sign thii application. Please Tepicm^r/that voar yariaiicy aDDlication is not complete .4f the above Information ha^ got 5. 6. < 1 7. 8. •• . « • • . *. APPLICANT’S SIGNATURE The applicant hereby agrees to provide ainnformation required or requested by the 25oning Administrator, agrees t^pay addition^ ^t^^fstnfJime not covered by original fee payment) reviewldf this^application, and certifies that theand/or consultant ex information supplied is ncurred Applicant's Signature OWNER’S SIGNATI The owner hereby aclo^owh entiy onto the propei members for purposes \ of h^er knowledge. Date itigati( Owner’s Signature >plication and further authorizes reasonable tents. Commission members, and Council of this request. 1Date Applicant must have all submittals iJuo the City\^i^s 25 days before the Planning tnuniwon Meetings oe held on the third Mond^ of eachCommission Meeting. Planning Coi month. Applicants must be present at all scheduled review meetings of the Planning Commission and CouncIL If an applicant is unable to attend a scheduled make arrangements to have an authori^ agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting, (T^ O. > ic V. 1 (Tk- B MAW covn AKA*. • • 7T ImI I«m £S^mnn, ••Hfi MtBfl •aw. u. MM covn MMii ft • MTI :fftl ... M^POMD^eevnii . f II (tit-n) ABAHORt MJ MK U L SCNOEUAMAOSON.MO. mntm-nm rmcm toS. TfrAMUM oommucnoH #P.R K * <»• SAu MioccT Na unt-m f e-2 HARO eOVDI AlllAti 0»Wtott 1mm MM»n- MM n. T«M>T.__________ irjn Hnrh - UB HARO COVDI ARIASi 7f - ISO* 1mm -i “g teft MtMHn. MB PROROtlO HARD COVIRi f» • MO* IMM Ba. SIS HMmMun w ill CHANNEL T 0 FOREST LAKE ove*^ A ufios oe iOT ee»€i fAUJ M UMI •M ll 1 LAKE MINNETONKA (WEST ARM) ^ 1A1CII aCVAHOM: At «f Ul W MMt Urt ^ QlMAflY NIOH HATTl FirVATIQM; fttAO «mI fUevi-vfftl To whom it may concern: We would like to request a hardcover hardship variance for our property located at 4425 North Shore C^ive, Orono, MN. Our property is located on the Forest Lake Charmel and West Arm. Figuring in setbacks from the channel, the lake, North Shore Drive and our neighbors, our building pad is reduced to a small portion of the actual property. Presently the hardcover area in the 75’ - 250’ sone fs 30.8%. We would like to make a modest increase in hard cover to 33% in the 75’' 250’ sone by adding a garage and foyer. We feel these changes would improve the appearance of our house, help it blend into its surroundings and have a positive impact on the neighborhood. In addition, our plan would not encroach on our neighbors' lines of sight. Thank You for your consideratioii. David arvl Jennifer Dickey #2841 7 C. n I . • : x> *4* » . I • • • • f D. F. P.47trHKlMMMVteMEPLANNING & f '~.i ■. ,r^5-.V^;=- ■tny. ■«' ;;• '#• V ' ^ t*' .■' . * A A' '* jk 15 /' c y ■) i'-ll O ' "4 ‘ •:";/- ■ii •... •i.,*‘ 5^ • Wvf- 'T^''s#’®; •'tf-^ i - •>: •> / , *v ;S.%^^ i'o ”■ '1' V ■' *i' '.'> •■> ■ 7*t . ,*■ |i \'* * '^■r. ' ':' "'■ y ‘\\^ V '> Mr- • - 'v u ■ ■ ■ •A ^ -?v y rA * ■'■ V t •A - -?V V .V ^ u ■ ' • <» .Vvf*^ ^-lyt- m: * :. jm H w —. ^ ^ li r •• v' -i*::.5' •• • *«>.. •’ **" vT;^ . C, 4 r v' /• * L! I )■ II / V . ^ ^ il•• ■‘RN®! .\y- y , *,»,>,, t AkX^'vx .^1 "v! . ^V.. . V-'Jfc^ ? , -mt ^ ^ ^‘Jar Vvii A'/. m.. • "i' •;* i ■" k*''< . 'i- ■<''l f •/'; • • ■< -v. ‘ -TH .':. • »V '^'■"' ’• 4l' :a?K-^>. ■ ■ • *Tk- V i. •. ' #■ '^y' ‘•'’^ i ^ -' _. . ■ ' » i^Aii -.*1 *^_ • V mA « ♦ . . 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A J • * A t ’ \ • •> 1 %•J 1 3 *) «• • '4 3 Mu REQUEST FOR COUNCIL ACnON ocr 2 6 2002 Cinrur OHONO DATE: October 23.2002 ITEM NO.: I3 Dcpartmcat Approval: Name Paul Weinberger Title Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description:i^02-2844 Bruce Hedblom and Carol Cline-Hedblom 2601 Casco Point Road Variances List of Exhibits: A Site Plan B Resolution C October IS, 2002 • Staff Report and Exhibits Application Background and Summary: Tne property owners have requested a hardcover variance to permit alteration to existing hardcover in the 75*250 ’ setback to permit construction of a residential addition. The addition w ill replace an existing three season porch and add another 223 s.f. of living space to the house. The total addition will place a 19’ X 28’ addition connecting the main residence with the garage. The house and garage are currently connected by a 16’ X 19’ three season porch. The purpose for the new addition is for a master bedroom suite and storage space. A family room would be added on the second level above the existing house. No variances are required for the second story addition. 75-250 ’ Setback Existing Proposed 5,826 s.f. (39.3%) excluding 484 s.f. of landscape plastic 5,555 s.f (37.5%) includes 223 s.f. addition and removal of the south 9.5’ of the driveway Planning Commission Recommendation By a vote of 7 to 0 the Planning Commission recommended approval of the variances based on the following findings: The property has been developed as a single-family residential property since 1973. The property is connected to sanitary sewer. The lot is consistent wiih other properties in the locality. The addition partially replaces an existing porch connection between the house and garage. The building expansion will only include an area that is surrounded on three sides by the existing structure. No encroachment into the side yard setback will be required. The addition is 17 ’ from the property line. t (i Subject to the following conditions: 1.All landscape plastic and driveway removals, as shown on the site plan attached as Exhibit A, shall be completed by May 30, 2003. Such removals shall be completed simultaneously with the finished landscaping work. 2. To reduce the impact of drainage from the new addition gutters shall be installed that will direct water from the south side of the house towards the lake and not directly at the neighbor. The neighbors house is lower than the applicant ’s house which has a potential impact if the drainage swale would not handle all the runoff. Staff Rcconncndatioa: Staff recommends approval of the application based on the findings and conditions as noted in the Planning Commission recommendation. COUNCIL ACTION REQUESTED 1 Motion to adopt the resolution approving a hardcover variance to permit S.SSS s.f. of hardcover fora 19 ’ X 28 ’ residential addition. .V MM. o O '"’3: or^. B ./^99 A 1 Hpn»y MMy Mt tfHt piiii, tunpy atjaaan wa JMIpujiniliypiipryn^myihpctmppriiiomndmpripm i iuty flifipiwii l imt liirriyTir ipiiirWH Inn of itit liMi nu VAftP tywyiYiiKi i\flut Mr% 0i l—H ti pM% •< »trfe« M Ut Ul. ttriat fMki liM •! «al4 M 141 • «ti wtrti—tiwiy# atn—ttof t« ii« M« m Ute wUwifiw. mU Uam tavatesttar t«f P—tliarly mU «A«v« tfe« fplat PC immnm%im mi mm mmth Uam 9M41UI witP Mi J4 immm rnmmmmmmmmlt Cm mm wrnmmmlw Um mi tmm I4» u« U tpi If •C ipt i* Maatm 9am, m U« itMii f« Mi ttet pf IT- • PtfftlMMtPrlF mmiw mXmmm mm mimiIm mi mi f4.l fM« %p mm tplpt Pi Wfii Um ip itp rnim mm ty 4lMp iip II PteMM* IP I IP M UPP II tl IlMl mmU ip% uirnim p PMiMlpPly ppi 9« *PtPPPIp*p I tiimny pl^ I Qg S: iPlPf IP IftP liM pi^PPii Upp •** ip Ikp pipp iilL \ * MM Council Exhibit B A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.22, SUBDIVISION 2 AND SECTION 10.56, SUBDIVISION 16 (L) 2 FILE NO. 02-2844 WHEREAS, Bruce Hedblom and Carol Cline-Hedblom, (hereinafter "the applicants") are owners of the property located at 2601 Casco Point Road within the City of Orono (hereinafter "the City") and legally described as follows: Exhibit A, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied for variances to Municipal Zoning Code Sections 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit hardcover in the 75-250’ lakeshore setback of5,555 s.f. (37.5%) where 5,826 s.f (39.3%) exists and 25% is allowed for construction of a 19’ X 28’ residential addition to replace an existing three-season porch and connects the house to the garage; 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 October 21,2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File ff02-2844. The property is located in the LR-IC, Single Family Lakeshore Residential Zoning District where 1/2 acre is the minimum lot size and 100 feet is the minimum lot width. Page 1 of 7 3. 4. 5. “1 The Planning Conunission reviewed the application for variances and recommended approval by a vote of 7 to 0 based on the following findings and hardships: A. The property has been developed as a single-fami ly residential property since 1973. B. C. D. The property is connected to sanitary sewer. The lot is consistent with other properties in the locality. The addition partially replaces an existing porch connection between the house and garage. The building expansion will only include an area that is surrounded on three sides by the existing structure. E.No encroachment into the side yard setback will be required. The addition is 17' from the property line. 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 trafTic conditions, light, air, nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would 1^ 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 Conunission, reports by City Staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of7 .A CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 1 6 (L) (2) to permit hardcover in the 75-250 ’ lakeshore setback of5,555 s.f. (37.5%) where 5,826 s.f. (39.3%) exists and 25% is allowed for construction of a 19 ’ X 28 ’ residential addition to replace an existing three-season porch and connects the house to the garage, per the site plan attached to this resolution as Exhibit B, subject to the following conditions: 1. All landscape plastic and driveway removals, as shown on the site plan attached as Exhibit B, shall be completed by May 30,2003. Such removals shdl be completed simultaneously with the finished landscaping work. 2. To reduce the impact of drainage from the new addition gutters shall be installed that will direct water from the south side of the house towards the lake and not directly at the neighbor. 3. Authorities granted by the variances 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 (October 28,2003). 4. 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. 5. The undersigned owners have read, understand and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Page 3 of7 r 1 f Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 28th day of October, 2002. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owners STATE OF MINNESOTA COUNTY OF HENNEPIN I'he foregoing instrument was acknowledged before me on this 28th day of October, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Miimesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public day ofThe foregoing instrument was acknowledged before me on this ______ ___________, 200 ____by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of7 ' ! mitm t. STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of ,20.personally appeared before me, ____who is personally known to me ____whose identity I proved on the basis of ____whose identity I proved on the oath/affirmation winters .a credible and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public On this day of .,20.personally appeared before me, ____who is personally known to me ____whose identity I proved on the basis of ____whose identity I proved on the oath/affirmation witness a credible and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Page 5 of 7 i !■ t Exhibit A nI n. IS and 1<« slpoH 2$ and that lub'a fabdiTiaiaa of bet S> Sprinv rSt tt« laarUi linn of aaid t«t Xilwith a linn dra« B^nai with. Mid 30 faat Henlwattarly <xan tha nortiiaaataaly antaailao eS ^waatasiy Oiaa aS lata t«« IS* IS and 17* Black 3* •wtnalUp*a.itibdivision aC tot X. sptXbo sack, 3ad olyialan«t thaaea leachWcatarly aXens said parallax Una to Ita lafeorcaetlea with tho Soothcaa^ly axtanaieo of aald ttaa "A*! ’thaaeo Horthwnatarly aXany tha antonaioa ofjaaid ttna lA* to tha point of baslniLinff* aoooadiaf to tha caeecdod plan tkarcef. P«ge6of7 . :“r. ' ' • 81x41^^ yn##i#jrv^ 0«^7>W^#v f#7 4J •H •H Xw r- I *ik 1. «a iftM MTt «f toM & if m4 ii, BMk a« «I4 «te • 9tmm imam, 1i im •! U« i* ipr n*« PmtIM m ■■l^l■ll■^ln V M nniiMiiHi riinr •# ity/rita or-r. m ./999 j 1 fctotoy ctoUhr Ml M pAifi, mmmf miaon wm joat A^IBSSBSL,pwppfiilyiwrywptfiiiydlrpctiii —nMop—dmaii—1 aMrilHiaMPltoiPlyrWyprywPartiiltotopimiMla nU ■i^p —^pyiYiiiQ p IMC.•ook-^apa j!aiSa 'a . fkit p«r% •< wiMfi 9«rt mi •>■— ftfk. M Mvtpiffi' iM m* >prt«f fMki tmrnmm IrmuMHy IlM •« 0ftU Lm Itt • atHMw mi f«.t tM %• ite ■mfeMMriir* MiMtlat %m ik* M« Ml Paprat is m iIm Uto iHiiUMiw, mU lte« ki^ti—ft>g wmimmwmi %m m um •«•• •wtiMftr mM ikm to iito Mtotk lUto mi itli Stoto li iktora ■ «to totel mi Ummnmtimm mi am mmUk Umm mi mmU tm uimurn m iim ptotitol wiM Mii Si ftot mmammammlf am •MtwiF Mm mi toto U, lf« M toi If. Mirnm 9, •f tot 1. aprit ttoP. ato Mvitlai«i itopM toMitotttoly ttoif mM itM to ito itotoattilto »lto tto i—touHMiy ton—I m mi mii U— —tto—•iy Al—f tto totnito m^mmii U— — tot —tot — Ir I mi to I— mi m itoi Ptaf to ——J Council Exhibit C Complete Date: Deadline: 9/12/02 11/11/02 TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Paul Weinberger, Zoning Administrator DATE: SUBJECT: October IS, 2002 #02-2844 Bruce Hedblom and Carol Cline-Hedblom 2601 Casco Point Road Variances List of Exhibits: A ■ Applicant Letter of Request B Application C Existing Survey D Proposed Site Plan (Wiiii ^-tai/Recommended Hardcover Removals) E Elevation Views/Plans F Hardcover Calculation Worksheets G Excerpt - Code Section 6 (Driveway Standards) H Plat Map I Property Owners Notification List Application Summary: The property owners have requested a hardcover variance to permit alteration to existing hardcover in the 75-250’ setback to permit construction of a residential addition. The addition will replace an existing three season porch and add another 223 s.f of living space to the house. The additions are noted on the survey, attached fs Exhibit D. The actual hardcover will not increase on the property. Since there is an alteration to existing hardcover over 2S% a variance is required. The total addition will place a 19' X 28’ addition connecting the main residence with the garage. The house and garage arc currently connected by a 16 ’ X 19’ three season porch. The purpose for the new addition is for a master bedroom suite and storage space. A family room would be ^ded on the second level above the existing house. No variances are required for the second story addition. Pertinent Code Sections: Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2): Hardcover 0-75’ 75-250’ 237 s.f. (6.3%) No Change proposed 6,310 s.f. (42.6%) No Change proposed I02-2I44 Bfucc Hcdblon Md Cm) Clim4MUdm 2601 Cam Point Riwd fuel or J f Baokground/Analysb The exi;:tin({ house was constructed in 1973. A three-season porch was added to the lakeside of the house in (this is a second porch not the porch proposed to be removed). The lakeside porch required variances to hardcover and average lakeshore setback. Like this application, the 1999 hardcover variance did not increase hardcover on the property since the three-season porch replaced a deck. One condition of approval of the 1999 variance was all landscaping plastic be removed from the property within 90 days of building permit being issued. Tlte permit was issued in November, 1999 but the plastic was never removed, or if it was it was later replaced. For the purposes of this review the City should review the hardcover to assume no plastic is used for calculating the existing hardcover totals. Thus, the statement that “the amount of hardcover is not increasing with this project is not a true statement. The adjusted hardcover calculations are as follows; 75-250’ Setback Existing 5,826 s.f. (39.3%) excluding 484 s.f. of landscape plastic Proposed 6,049 s.f. (40.8%) additional 223 s.f An addition would not appear to alter the character of the property or ch,*..ge how the property drains. The adjacent property to the south had variances to allow similar alterations to the house. A drainage swale is located betw een the two properties that doe* i good job channeling runoff from the site. The applicant ’s house is located 11 ’ to the property line. The actual addition would be 17’ to the property line. The neighboring house is located only 3’ to the property line. Review of Hardship The applicant ’s stated hardships are detailed in Exhibit A, Staff Recommendation Staff recommends approval of the variance application based on the following findings: • The propeily has been developed as a single-family residential property since 1973. • fhi' property is connected to sanitary sewer. • 1 he lot is consistent with other properties in the locality. • The addition partially replaces an existing porch connection between the house and garage. The building expansion will only include an area that is surrounded on three sides by the existing structure. • No encroachment into the side yard setback will be required. The addition is 17’ from the property line. M2-2M4 Bnioi»MMamandC«l!lCte-H(MQa 2«l CtKofoiaiRoid rap2oO . » Subject to the foUowang conditions: 1. All landsci^ plastic shall removed prior to the issuance of a building permit and shall not be replaced after the project is completed. 2. Staff also feels additional hardcover from the driveway can be removed to accommodate the additional hardcover being added. Approximately 470 s.f. can be removed from the south side of the driveway. Staff recommends the width of the driveway at the property line and at Casco Point Road be reduced to 20*. Why 20’? Chapter 6 of the Municipal Code only allows residential driveway approaches a maximum width of 20’ at the intersected right-of^ way line. The variance application is a good opportunity to reduce the width of the driveway and reduce hardcover that may not be necessary. 3. To reduce the impact of drainage from the new addition gutters shall be installed that will direct water from the south side of the house towards the lake and not directly at the neighbor. The neighbors house is lower than the applicant’s house which has a potential impact if the drainage swale would not handle all the runoff. Options for Action: 1. Recommend approval. BRUCE J. HEOBLOM CAROL J. CLINE-HEOBLOM 2601 CASCO POINT ROAD WAYZATA, MN 85391 (952) 471-0242 <b.hedbiom@mchsi.com> September 26.2002 City of Orono Planning Commission 27^ Kelley Parkway Orono, MN 55356 Dear Commission Members; We request a fardcover variance for a building project on our property at 2601 Casco Point Road. We have a long, narrow lot that runs from Casco Point Road to Lake Minnetonka. Our pie shaped lot is located just south of where Dunwoody Avenue comes Into Casco Point Road, and where Casco Point turns south. Our plan, developed with our builder. Jeff Danberry of The Danberry Company, will not extend the house beyond its current dimensions, but rather, will replace an existing three season porch and a patio covered with plastic underlayment and rock, both of which are already calculated in our hardcover analysis. These two areas, together measuring 19 x 28 feet, will become a master bedroom suite which will provide additional living space, and storage space. In addition, we will add a family room on a second level, above two existing bedrooms. We do not believe that our project raises any issues regarding the location of our house on the lot - we do not move any closer to the side lot lines than the existing house. To the best of our knowledge, we do not have any side setback issues, nor do we move any closer to the lakeshore. The design of the project does not negatively affect drainage for our property, or that of our adjoining neighbors, nor does it impact our neighbors’ views of the In conclusion, the design of this project most efficlentiy uses existing hardcover ““'•setbacks. Carol /cline-Hedblom #/ Y • • • •• • •• * ^• « A 1 AppBoitioD # Date Received CITY OF ORONO - VARIANCE APPLICATION Initial /plication Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for con-confoiming structures $250.00 After-the-Fact Fees (Double m^cation fee) i/aie Kcccfvcd H( XK? Amount Paid PROPERTY INFOR^TIOI^ ^ Site Address ^ASCo _____________ Property Identification Number (P.I.D.) 2jo~ j j*?. 2.^ 2.*i Oba L. Attach legal description to application if not included on required survey. Date Property Acquired A/OI/. __________________ I (do not) also own the adjacent parcels of land. Present use of property: »>^residential other (specif) 2^ning District:_____________ .(month/year) APPLIC Name Address: gAcco Phone (home ) 9^**/7/-024^ ne (work ) 9S‘a«9’0P»A/V’o City: Zip: t OWNER (if different than applicant) Name Address: Phone (homeX Phone (woric)_ City:.Zip:. DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: See (attach additional sheets if necessary) VARIANCES REQUIRED ___Lot Area Lot Width Hardcover Lot Coverage Setback:Front Side Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: (anach additional sheets if necessary) • /'I Jj rCj/ > : -t ■" •• ••' V iy - ■ 1 9trk« IM 9ivi#lM*f 4i l«t I4t« iprlf fMf I llM •« tU4 Cm 141 • lilMt: MI4 ! ■MH«rlr siMf MU it tdl4 Mint •€ UMVM8t! MftIUI Vim mm4 34 fi tu «44U4lr itov U u mi u% i« J»tlaf rsm, IlM U iU IMCMCUi ir «: tut u . ,• . • .? • •^ V4 rv • ^1 «»■ . •» Vf^f nl n'^ #2844 h <air:ir. b ,/»ff / )f ) 0rnJ^/^0Ajm^ TMT fhAt ptr% •< 9M% •€ t.Mi IM pv% •< IM & If Mi U. Mi Oit • MMM« «U la MMivifiM •# U« t. ffril 1 HafMf ca««r vifi MMi ar Mpofi wat joa* ■ iiitirflaiiaUfiiLinitunfyninitftialianfifniun ■Mk'Aig. ftift* M »i' M m. ffvlav fMfel tfMM MTttMMirty llM af aaii M lit • M mmm •# M.t f Mtt>w»Miy» iaflMtlaf ta tfea lata lit iafsaM U UM aiM#%aMa« Mii 11m iMralaaitae tafacaai ta m »rlr alaaf aaii Awa m tM PMtk Uaa ai Mli a# taacfta patat ai paaaUat wiM tiiaaaataatr : af M% i« ttat la ita arlr ai Ma ai fcaflaaiatf •a tte M tf laI If faat » ai taaa t«» &!• if faaiu fai aiaiaiaa«i aitil rip iiaa ai aaii laa i4l«im a iiaa it. I af ta Iviaiaa rlr alaaf tali pataiiai iiat ta tia jW aniMiM ai Mli Uaa «A«i laa af^aali Uaa ta ite ■ i+ »'J«' kJ • • •••• 12" • • • .* - .‘i* * */ •* • •*» • \ 1 I ; .• %. ;|»l J||||||i|j^,. .>», r -33l ,, -V,, 4,.iL // f>a» jA. J£ M^faJ-i^rsf^- -sJi KULrt.-^ Irn r ‘f r' h ^ V 1 iI1 ;.v P^. i.r '<.. ru^ r • \ : « r'n j %i \ ■. :) * ' f i. . *1 . 'I .•!••: w •‘ i; *».•‘*.1 ij^j • {. •• • '':j / •• ■'" i -j t % 1 . Vn..:*.. •''? , •f ’!: " I • .* • isteiSfe idtH an I "•’l^f^'1 ......................_________________________ I ‘ il2L •2>'6-pl.'5fi!5..!4k5 %Xrnm^iWVxfVVT U Htl PA«f W AlJpM-l < < .«•. • t • j i ^ •?Wfta*r jjki^ a i/L ‘*b & AbgjBc^ it»g ^ 2jya;aof^jSU/?p , . ipjf yj-jra-trrliQ Mit-I H ii— ii •fMOlfJc^ ^ t g3T*4~; S /' ’ A .r">, 5 :/ - ' J'* • ‘ .-.1 ‘V" /) • • >••• •-•4 • t idtu it f % .O /WO;^Bas‘i*au • # « , f*'X'> ry,,'^ yj: e 0 PK diU^lilU.itn I s~£Hir-... • dL 21 tjrfgijy-- fttii AS WT~R'gf;A Z!T7.~~ ,nx-'/■ -y ■■■/■, ■ ■/,■ tp«*rttsJ /• . ...*.. 6 p»f^ :f^ IP ^ CS /f ^ I.:: C. Driveway XAt^/C D. Sldewdk ^Om,H SfivSK t. Pido/Dcek F. Laodsc^M Underialn By Plasdc ^6. r 'IZ. O. Othan■^c X X X X X X X X X :z-¥^,s •za /A. £> A A TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ^3/^ •*• B »100 . - _____________ + B ______ X 100 - PROPOSED HARDCOVER IN ZONE /\fO N£ A. House ____ _______ X, Leageh WUdi Be Otnge C. Driveway D. Sldew^ E. Pido^eck F. Landscape Underlain By Plastic Oe Other X X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY ARFA IN ZONE ______________ ♦ B _____ • •• • X 100 - 4^JO SJr. Sf. AO 2S^ A4- ST. SJ. 'SJ. SI. ’7f U’^/0 SI. SI. SI. SI. SI. SI. % A B SI. si. SI. SI. SI. SI. SI. SI. SI. SI. SI. SI. SI. SI. SI. . • ••• . t V SI. A SJ. B f S 6.05 ^ owner and contractor shall protect the ¥ • k:Th.v. ‘sHor vJS * . driv«,.y .o .^toTo::t;i«?ST,%t*^a\".tr=.‘*pr'^ir.:! ’*‘****'®y Shall be constructed oft ^h*^ a-.i» *«««» .ne public road and not the cul-de-sac. lead-in" portion of the Subd. 9. Resident Driveways, Approaches and Turnaround. to two Single resi2e"n\?a^'7a?c'Lre^^ “P ss”pi£rieTo.§r'’“' .iio»«d‘i arV;.i".’y ?s 20 f..t in arivnwy .pprcci .t th/prop«?;*“n."Sy :orV*th.n''!o curb return, ,h"ll "b^ ?Sn%\‘r“u"ctVa ‘w/ZhirroV ORONO CC 141-2 (7-2S-88) • ^ . aw M. i:^nnepin County Taxpayer Services Departn^ht » *. . • 28 2o~ in-z‘5- Jl Parcel Information P«re«l 10 2011723240036 Houm Number 2001 StTMt Nam« CMCO POINT no 7Mi If nof • to0*iy >*conM/TMp. a rapfVMntt • coeipMton of Mbmifltfon •ntf 4Ms *om CNyv Oouniy, aetf SMt foerf MtfwrWM entf oMer soufces. ■ ' r •^'i MN MTC •9/M/M •ATCN §$T Momm COUNTY raoriiTv nvoRmnoN sv^ftN PROKilTV OMNUS LIST TANMVEW HANC/AOM M M*117-CS U ttst •ms BMWWOOY AVE ownrxNe maimakt •xeui CNRISTlNi NMNMtT iXIUE ms MSMOOBV AVB MAVIATA m 5SS91 ■mirr no. rx4SS4si PACE U SA 2S*117-2S 21 ••» •2S«S BUNNOOOV AVE SYLVIA L ILANCNA2D SYLVIA L SLANCNA20 2SSS BUNNOOOV AVE VAVZATA NN S5S9X SB 2«’117-2S 21 BBSS B2S9B CASCO RUNT 21 P 0 I P Z PZT20E2ALB PAT2ZOC FITZBEBALB 2S9B CASCO POINT 20 VAVZATA tn SSS91 P20P A002 0NNE2 NANE TANPAVE2 NANE/A0D2 SO 2B>117-2S M BBSl •2ASS CASCO POINT 20 NA2ILVN 0 TN02NE NA2ILVN 0 TN02NE 2BSS CASCO POINT 20 VAVZATA NN SSS91 SO 2B-117-2S M BBS2 •2B2S CASCO POINT 20 JON STINSON JONES L S NAONZ L STINS 2A2S CASCO POINT 20 VAVZATA NN SS891 SB 2B-117-2S M BBSS •2417 CASCO POINT 20 0 L NA20UA20T/J N NA20UA2DT CA2V L A JOAN N NA20UA2BT 2417 CASCO POINT 20 VAVZATA NN SSS91 . I POOP A0B2 0NNE2 NANE TA2PAVB2 NANE/ABOO SO 2B*117<2S M BBS4 •24B1 CASCO POINT 20 02UCE J HEBOLON ET AL 02UCE J NEOBLOH ANB CA20L J CLXNE-NEBOLOH 24B1 CASCO POINT 20 VAVZATA NN SSS91 SA 2B-117-2S M BBSA B241A CASCO POINT 20 JOYCE A TNEOT JOVCE A TNEOT 2410 CASCO POINT 20 VAVZATA NN SSS91 SA 2B-117-2S M BBS9 •244A CASCO POINT 20 J V A B J ESSEN JEPP2EV A BA20A2A ESSEN 244B CASCO PT 20 VAVZATA NN SSS91 POOP AB02 0VNE2 NANE TA2PAVE2 NANB/ABOt SB 2B*117-2S M BM2 •••SB AB02ESS UNASSIBNED PAUL J A NA2V E 2ASTE2 PAUL J 2ASTE2 24BB CASCO POINT 20 VAVZATA NN . BSS91 TOTAL OATCN St7 BAAIB y »y. SPPSAQS this bam on TNE 2EC02BS T O Q 4. -ii- “S“ rfhffUiri An I INft REQUEST FOR COUNCIL ACTION ^ cityufohono DATE: October 24,2002 ITEM NO: /<y Department Approval; Naac Ron Moone THk City Administrator Adminbtrator Reviewed: Item Description: Fleming Addition Trail Final Plat-Resolution Agenda Section: City Administrator’s Rqwft The development of the Fleming Trail Addition property in Long Lake, adjacent to Orono Orchard Road and Orono Oaks Road, is subject to restrictive covenants placed on the property by the City of Orono when it sold the property to Long Lake. Long Lake is about to sell the property to Lundgren Brothers, based on a plan to construct 13 single family homes on the property. The Orono Council has previously iqrprov^ the concept plan for this development. The City of Long Lake has approved the flnal plat and development plans. Prior to closing on the property, Lundgren Brothers has requested that the City of Orono adopt a resolution approving the final plat and final development plans, including the potential modification of the grading plan at Lot I Block I to permit the inclusion of an earth berm approximately five feet in height to replace the plaiuied retaining wall and to provide for enhanced screening between the Fleming Trail Addition and the residential parcels on Orono Oaks Drive. A resolution approving the final plat and final development plans is attached, along with materials related to the final plat and firud development plans. COUNCIL ACTION REQUESTED: Motion to adopt the attached resolution approving the Fleming Trail Addition final plat and final development plans. ( ii I RESOLUTION APPROVING THE FLEMING TRAIL ADDITION FINAL PLAT AND FINAL DEVELOPMENT PLANS WHEREAS, the City of Long Lake owns certain real property located in the City of Long Lake which includes Lots 1>13, Block 1; Outlets A, B, C, D, and E of the Fleming Trail Addition, Hennepin County, Minnesota (“the Property”); and WHEREAS, the City of Orono recorded a Declaration of Covenants against the property dated May 24,1993, filed August 18, 1993 as Document No. 613S63I; and WHEREAS, the City of Orono recorded an amended Declaration of Covenants dated May__, 200_, filed__________, 2001 as Document No.________; and WHEREAS, the City of Long Lake entered into a Purchase Agreement with Lundgren Bros. Construction, Inc. for the sale and development of 13 single-family homes consistent with the recorded covenants on Lots 1-13, Block 1; Outlets A, B, C, D, and E of the Fleming Trail Addition; and WHEREAS, prior to selling the property to Lundgren Bros. Construction, Inc., the City of Orono needs to approve the final plat and development plans for the Fleming Trail Addition; and WHEREAS, on October 15,2002, the City of Long Lake adopted a resolution approving the final plat and development plans for the Fleming Trail Addition. NOW THEREFORE BE IT RESOLVED, the City Council of the City of Orono that 1. The final plat and final development plans are substantially similar to the approved preliminary plat, preliminary development plans, and the existing covenants that run with the land within this subdivision; and 2. The final plat and final development plans are consistent with the Declaration of Covenants recorded against the property; and 3. The City is not opposed to the concept of modifying the grading plan on and adjacent to Lot 1, Block 1 to pcmiit the inclusion of an earth berm approximately five feet in height to replace the planned retaining wall and to provide for enhanced screening between the Fleming Trail Addition and the residential parcels on Orono Oaks Drive. Adopted by the City Council of the City of Orono this 28'* day of October 2002. BY: Barbara Peterson, Mayor ATTEST; Lin Vee, City Clerk ccr oucts :nzt TO HCUA.H C DCCCWCUS TUtf :«££H t»rr >U0CS t^O£tS-C«»» S Of noinc GCQCCCCaO ' 5T»uCT;,t£ 's: tr “TZ 'X LANP^CAsr NO"g:S • ▼►.£ iM*z%zxPi cCHTRAcro# SHAi^ v»s;r ^RO-EC* l^Z ?C 9tCOM£ ‘•AAm.yU? *iT»* Th£ r»js*:)i»2 CSsO*TO'«5 0« ?C SuSyiHiNC A 9-0 • ^HC lANCSCAPE CCVr«ACT0« S-Ai. VTflfPr uUiTiES CN Th £ WC-CCT SiT£ Wlioa TO CwWMC«4C>HC WCftX • AiJ. •OUCH ANO '^'•rSH C«A0tf»C TO 9€ »£«f3«M£0 »▼ OTh £RS • ^0 Punt lUTCKuk shacl bc ‘NS'aueo untr . cra C»nc ano CCAISTBUCTION HAS BEEN COyP’.ETEO M Th E JUMCO iATE aaea . • ail punt IAA ’ERAL Sh AU MCr The STANDAPOS fCUNO iS Th C AtAERCAN ASSOCATION Of SuRSERmiN-ANCRCAN STANCAPO fO« NURStRT STCCit • Tn £ UN9SCAP£ CONTIUCTOP SMALL 0UAPANT££ N£« PUNT ma ’CR ial Through on C C al En Oa A t£a P fPCM the Time Of •R iTTEn acceptance Of MOPK fPON the cmsiR • .f There fS A DiSCPEPANCT erivEEN the number Of PUNTS Shown on Th £ pun and The NUMBER SK3WN ON TmE PLANT UST. The number Shorn on The pun will take PPCCEOENCE • CCWMCRCiAL CRAOC POL^ UWN EOC-NC SHALL BE INSTALLED ARCUNO all Planting BEOS ano SOOCCO areas • B* Of WOOO MULCH SHALL BE iNS’ALlEO UNDER ALL TREES. • Muic*- under coNifER trees Shall extend 6* arrONO the tree s canopy mulch under OCCIO u CUS TREES WILL £*TEn O 1.5 fEET fROM The TREE'S TRUNK • ALL PlANTR iCS SHALL RECENT f£RTiLi2£R AS fOuOWS •0-20-20 GRANULAR fERTl'ZER APPiiCO AT Th £ TIME Of PUNT.n C at a rate Of 12 02 per 2 5 CALiPCR INCHES Of TREE ANO 6 02 PER Sh R«jO •10-to-10 f£RT^i2ER APPliCO The rOlLCWiNC SPRWC AT SAME rate • The UNOSCAPE CONTRACTOR SHAi.^ R£PAiR ALL OAJMACC TO Th C site caused Bt the Pun TiNC 0P£RAT ON AT NO COST TO The owner • all OtSTuRBEO AREAS TQ R£CE\t SOO. ^;' '■/ ' ■ •' '■ > P§£&§5 2 =.= 5_Sir^3:S':§V c*' ^ ^ PS > PLANT s;HECUAL >0 CC mu CV same LAT N NAAlC S'ZE (MIN )RCCT rVfRGRT PP 20 cclcrado spruce PiCEA PUNCCNS «•BAB AB 13 balsam fj?ABIES 8ALSAMEA «•9A9 total • 30 Orr-ouctj^rpfrS CO 32 hack BERR^CELTiS OCCOCNTAUS 3.0*SAS FP 40 GREEN ASH fraxiabjs PENNSYVANICA 3D-BAB sw 2B SWAMP WHiTE OAK OUERCUS BiCOLOR 3 0-BAB AS »SUGAR UAPlE ACER SACCHARUM 2 0-BAB AR 4 RED maple ACER RUBRUM 2 0-BAB cc 47 Th CRN lESS hawthorn CRATAEGUS CR u SCALLI 15-SAB Ml 23 UNE MAGNOLIA MAGNOLIA LR.IfLORA 1.5*BAB total -1B9 Plant so that top of ROOT Bal * is even with th C fiNtSHEO GRACE PAINT ALL cuts over l* CM earth saucer rOR ISOUTED TREES Onlv __. __ ^ r-=--I=j^t_ UWN OR PAVED AREA -— ”” ^ SPECfiEO Planting mix WATER R TAMP TQ REMOVE AIR POCKETS note staking AS RCOURED t2^BALL SIZE VARIES MCCHT VARIES SEC PLAN WRAP TREE W/ 4' WCE WRAPPtNC material MIN 3* lUrCR MULC‘1 REMOVE BURLAP fROU TOP male Of ball UNOISTURBCO OR COMPACTED SOIL I2UN EVERGREEN PLANTING scale not TO SCAcE C'^'-BIANT so That *CP Of ROOT /'^ball is even with The fRmSHCO GRADE 20 S>p^ IT AU CUTS OV€R i* ORL 2 strand twisted 14 CUACE GALV WIRE ENCASED iN i' OWL R ubber hose ----------- roKc HAROWOOO stake ---------------- 1-3 stakes 2" 1 2* DRIVEN (Mm IB*) flRMLV mro suecRAOE PINOR 70 aACKflLLmC stake above riRST BRM mC h ES OR AS necessary fOR FIRM SUPPORT. earth saucer for SOtATCO TREES ONLY UWN OR PAVED AREA WARNING The contractor Shall CONTiCT all ®UBlC utilities for .ocatons Of ALL UNOCRCROUNO WIRES. CABLES. CONOUtTS PIPES. MANHOUS. VIM.VCS. OR other Buried structures bet ore Dtccmc HC SHALL repair CR RCPUCE The above when CAMACCO Duwmc CONST RUC TON at no COST TQ OWNER SPEC-fto punt ^hc wm WATER It Tamp to REMOVE A.R POCKCS NOTE staking as R£O u «CD ■4 0ml va R ES sec Pun WRAP TREE w/ 4* WCE WRAPPING MATERIAL 4* UYER MULCH REMOVE euRl>P fROM TCP MALf Of ROOT BALL 12*L BAU SIZE VARIES i2Um UNOiSTuRBEO OR compacted soil ^LANT’NG/STAKING scale , not to scale RE.’SC n -:•£§> t£»* ____A f •• -t J* P* '-Ai **•! * '.f ZS “4 WAS fR “tf SC-s #hiC AM A JV-* C**.ft*" ^■ar L**: ? ■iz .14 * •'.fwc: R*7Z SCHOELL * MAOSON. INC.X :as £9/D£VElO?£R LUNDQREN BROTHERS 938 EAST WAYZATA BOULEVARD _______________ ENGmCERS • Surveyors • PLANNING SOK TEE7NG • ENV*RCNMC n TAL SERVICES — 'C5BC wAtZATA BOjlEva RO SU'TC « M nn ETonka . mn 55305 :B52) 548-TBOI fAX i952) 54B-9CS5 ••• 9CH«rVv«««9RA CO^' - sC 4‘ X \•»'ii t 1. •'-U WAYZATA, MN 8S391 2£IS8£S. \ - •. PROJECT NAME/3HE-T T|Tl£ ^ ^ FLEMING TRAIL ADDITION LONG LAKE, MN y V_________LANDSCAPE PLAN 3.M.I. .=ROJECT NO. 60120-86S SHEET 9 OF 9 SHEETS 1 REQUEST FOR COUNCIL ACTION OCT 2 6 2002 cirYOFOflONo Date: October 25,2002 Item No.: / ^ Department Approval: Name: Michael P. Gadron ^ Title: Planning Director f' Administrator Approval: £Agenda Section: Zoning Item Description: #02-2843 Professional Properties of Orono, 2765 Kelley Parkway - Proposed Medical Office - Unresolved Issues Requiring Council Awareness and Discussion Planning Commission on October 21 recommended approval of the General Development Plan for the proposed medical/dental office after reviewing the most recent plan sheets. This item is scheduled for Council action on November 12 assuming a number of remaining issues can be suitably resolved. Some of the remaining issues require Council discussion and policy decisions. These include: 1.There is still no signed purchase agreement for sale of the City property to the applicants. Issues which appear to be holding up completion of the purchase agreement include the following: Potential need for wetland mitigation: ISSUE: If the wetland on the site must be mitigated, who will be responsible, sellers (City) or buyers? ISSUE: If buyers are responsible for mitigation, how will that affect purchase price? ISSUE: If buyers are responsible for mitigation, they propose do it on site. However, the size of wetland is unknown, therefore area ofrequired mitigation is unknown, and mitigation may not be possible on site... Staff Recommendation 1. 2. 3. The buyer should be responsible for mitigation If the buyer is able to mitigate on site, the usability of the site is not diminished, so the price of the land should not be affected. If the mitigation has to occur off-site, but the buyer still has full use of the site, this becomes an issue for negotiation in terms of if or how the costs of mitigation are shared among the parties. More detail on the status of the wetland issue is provided later in this memo. #02-2843 October 25,2002 Page 2 Potential need to construct Highway 12 trail within propert>' ISSUE: Our discussions with MnDOT some weeks ago suggested they will not approve construction of a trail in their right-of-way. It would have to be located within the property. Staff has suggested we obtain an easement along the south 10' of the property for the trail, ‘just in case’. Applicants don’t want this due to probable proximity to treatment rooms. The issue relates to how this affects the site layout and whether buyers will want to reduce the price because of the easement. Staff Recommendation It is crucial to the City ’s plan for a trail along Hwy 12 that we have the ability to use property along Hwy 12 for a trail. If using Mn/DOT r-o-w is problematic, we need to obtain an easement over the dental office property, and this is the time to accomplish that. Public sidewalks and trails constructed within the property' ISSUE: Public sidewalks will be located partially within the property and partially within the Kelley Parkway right-of-way. The City should obtain an easement over the portion of sidewalk outside the r-o-w, as it will ser\'e the public. Buyers have suggested that if they have to give an easement for the sidewalk or have it within the property, the purchase price should be reduced to reflect this. Staff Recommendation A developer is responsible for meeting the requirements of the City regarding trails and sidewalks. If *he applicant was purchasing this property from a private party, the amount of land needed for trails and sidewalks would not be eliminated from the total size of the lot when calculating the cost of the lot. The Dahlstrom development is providing r-o-w for sidewalks and trails, as well as a public street. The City is not paying for this r-o-w. The city should not reduce the price of the land to reflect the trail and sidewalk easements. Likewise, the City should calculate the acreage-based development fees (sewer and water connection fee, storm water and drainage trunk fee) on the gross acreage of the site not exclusive of easements. I property ago suggested they will not It would have to be located n easement along the south ;ants don't want this due to es to how this affects the site e because of the easement. lat we have the ability to use o-w is problematic, we need rty, and this is the time to |>ropert>’ tin the property and partially •uld obtain an easement over rve the public. Buyers have lidewalk or have it within the ct this. ts of the City regarding trails )erty from a private party, the rt be eliminated from the total e Dahlstrom development is mblic street. The City is not dee of the land to reflect the le\ elopment fees (sewer and e) on the gross acreage of the #02-2843 October 25,2002 Page 3 The stormwater management plan for the site is to pipe all runoff to the Dahlstrom pond. Early inklings are that MCWD conceptually is OK with this, but hasn’t approved the Dahlstrom plan. Also, it is unknown whether MCWD will accept the wetland delineation and mitigation plan provided by Dahlstrom, or whether MCWD approvals will require any revisions to the Dahlstrom plan. The bottom line is that if there is no Dahlstrom pond to connect to when the dental office is completed, where does the water go? Staff Recommendation It is important that the City require a contingency plan. The applicants also need to advise us as to tlie status of any applications they have made to MCWD regarding stormwater plan or erosion control permit. The above issues are presented for Council to consider. We have suggested to the applicants that they be present to discuss these issues to avoid delays in their final approval process. They are still hoping to get started this year... More Background on Wetland Issue Determination by MCWD as to whether the apparent wetland on the property will be granted an exemption from Wetland Conservation Act mitigation requirements is underway but proceeding slowly. This wetland is at the center of the site a.id would be filled when the site is developed. John Smyth of Bonestroo reviewed the site in August. He and City staff at that time concluded that requesting an exemption would be more prudent than actually delineating the wetland. Smyth on the City’s behalf filed an application for exemption with the MCWD on or about September 1. The application contained substantial information supporting a determination that the wetland be considered as incidental’ and exempt from WCA rules. The basis for the exemption request is that aerial photo evidence suggests the site did not exhibit wetland characteristics until after 1991, and only exhibits such characteristics today due to high rainfall this summer and poor drainage due to past site disturbance. The Minnehaha Creek Watershed District (MCWD) convened a Technical Evaluation Panel (TEP) on Monday October 7 to view the site and attempt to conclude whether the wetland is subject to mitigation requirements if it is filled. Neither staff nor Smyth were notified by MCWD of that meeting and therefore Smyth did not have the opportunity to discuss the merits of our request. As of this wTiting, Mike Wyatt of MCWD staffhas indicated he is inclined to recommend denial of the exemption. Smyth feels that there is stilt sufficient supportive information to change Wyatt’s mind. .m r #02-2843 October 25,2002 Page 4 To make a long story short, the City has extended the MCWD’s 60-day review period so that we can present our case to the complete TEP panel before the MCWD board makes a final decision. The TEP Panel is tentatively scheduled to meet on November 7, the same day as the next MCWD Board meeting. Final Board action might be delayed until November 21 . If mitigation is ultimately required, the City Council must determine whether the City will be involved in providing mitigation or leave that to the purchasers. The purchasers are willing to revise their site plan to mitigate by creating wetland in the proposed lawn area southwest of their building. However, at this point the wetland has not been delineated and it is unknown how large it is and/or how big an area will be needed for wetland mitigation. Attachments - E-mail trail betMr'cen John Smyth and Mike Wyatt over the last week (The following are included for Council and applicant reference only, to he further refined and adopted at a future meeting, possibly Nov. /2' - First draft of Resolution Granting Development Plan Approval for PUD No. 3 - First draft of PUD No. Z Development Agreement Mik« Gaffron - FW; Orono TEP Page 1 From:"Smyth, John R" <jsmythQbonestroo.com> To:<mgafironQci.orono.mn.us> Date:10/23/02 2:38PM Sul^ect:FW: Orono TEP Mike. FYI • I do not know if this note from Mike Wyatt helps with your decision. John Original Message- From: Mike Wyatt (nrailto:mwyattl8minnehahacreek.org] Sent. Wednesday, October 23,2002 2:27 PM To: Smyth, John R Subject RE: Orono TEP The MCWD Poard of Managers, as an entity, acts as the LGU in these situations. Tria Board has not approved or denied the request, but presumably will grant a 60-day extension this Thursday to the review period cited under ss 15 99, as requested. A field delineation will be required for the wetland on-site if it is found not to be exempt from the replacement plan requirements of WC.A The official growing season (nccording tc MCWD Rule D) is May 1-October IS. Any delineations perfomicd outside of this given timeline require verification MCWD (preferably within the growing season, out this is not mandatory). Weather permitting. I believe that a wetland boundary can still be reasonably delineated this year, however, winter appears to be q"'ckly approaching. Please let me know if you have further questions or concerns. Michael Wyatt District Technician Minnehaha Creek Watershed District 18202 Minnetonka Boulevard Deephaven, MN 55391 (952) 471-0590 ■Original Message- From: Smyth, John R (mailto:jsmythQbonestroo.com] Sent: Wednesday, October 23, 2002 2:07 PM To: Mike Wyatt Cc: mgaffronQci.orono.mn.us Subject: RE: Orono TEP Mike, The City of Orono would like to krrow if the exemption is denied, has or would enough information be available from FSA slide review to provide a wetland boundary or would a field delineation be required and how late could a wetland delineation be compieied this year. John lOriginal Message— From: Mike Wyatt [mail!o:mwyattQi nnehahaoeek.org] Sent: Wednesday, October 23,2002 3:31 AM To: Smyth. John R Subject; RE; Orono TEP I've requested that we meet on November 7th and am waiting to hear back from the rest of the TEP. Could you forward ail additional information over to the TEP for review prior to the meeting? Mike Gaffron - FW: Orono TEP Page 2 Thanks, Michael Wyatt District Technician Minnehaha Creek Watershed District 18202 Minnetonka Boulevard Deephaven, MN 55391 (952) 471-0590 •Original Message- From; Smyth, John R [mailto;jsmyth<3bonestroo.com] Sent Wednesday, October 23,200210:05 AM To; Mike Wyatt Subject RE; Orono TEP Mike, How soon can we have a TEP meeting. Are you going to send out a request. John Original Message ■ —-------------------------------------------------------------------------- ------ From: Mike Wyatt (mailto:mwyatt@minnehahacreek.org ] Sent: Wednesday, October 23,2002 9:06 AM To: Smyth, John R Subject RE: Orono TEP In receipt of your request for extension of the review period, I will pull the Exemption Request from the agenda this Thursday evening. I will also try to organize a meeting of the TEP and make sure that you will be available to attend. Michael Wyatt District Technician Minnehaha Creek Watershed District 18202 Minnetonka Boulevard Deephaven, MN 55391 (952) 471-0590 -Original Message- From: Smyth, John R [maitto;jsmyth@bonestroo.com] Sent: Friday, October 18,2002 8:44 AM To; Mike Wyatt; Ellen Sones; Lynda Peterson ; Renae Schubert Subject: RE: Orono TEP Mike, I would like an opportunity to present the topographic information that was not available to the Wetland Conservation Act Technical Evaluation Panel prior to your denial recommendatiuii being brought to the board. We had planned to present this information along with answer questions relating to this site at the WCA TEP meeting but never received a confirmation on the time and date of the meeting and were not aware it took place until it was too late. Thanks, John Smyth -Original Message- From; Mike Wyatt [mailto;mwyatt@minnehahacreek.org ] Sent Thursday, October 17,2002 4:36 PM r Mike Gaffron - FW: Orono TEP Page 3 Tc: Ellen Sones; Lynda Peterson ; Renae Schubert Cc: Smyth, John R Subject: Orono TEP TEP Members, Yesterday,1 visited the USDA station in Elk River to review their inventory of FSA slides as recommended by the TEP following our October 7th meeting. I will be sending j staff recommendation to the MCWD Board of Managers for the denial of the City of Orono Wetland Conservation Act Exemption request for Lot 1, Block 1 of the Willow Prop Addition (1/4 NW Vi NE S33 T118 R23). I have based this recommendation on a number of documented facts: 1. The site consists largely of Cordova (hydric) soils, as verified by the TEP. 2. The site currently exhibits wetland characteristics. 3. The site, currently and historically, shows evidence of poor site drainage. 4. There has not been an adequate "action" documented to justify the reestablishment or creation of wetlands on site as an unintended consequence of human activity (as required in 8420 01220 Subp 5). The original application cites the construction of City Hall as the primary factor in the establishment of the wetlands, however, with curb and gutter on Kellev Blvd to the south of City Hall, it seems improbable if not impossible that the City Hall could contribute dr'jinage to the existing wetland Further submittals state that grading on the site sometime after 1992 h'js contributed to the poor site drainage, however, evidence to support this claim primarily consists of elevction contours extrapolated from a survey of .?n adjacent site which cannot be verified or confirmed. 5. United States Department of Agriculture Farm Service Agency slides were reviewed 'or the years 1981-1994 (flown in J:;ly). Crop stress and field wetness were observed on the slides for 1£83,1984, 1991,1992, and 1993. Inconclusive results due to bare soils were observed for years 1987 1988, 1989 (row crops/bare soil). No visible stress was observed for years 1981, 1982, 1985, 1990, ard 1994. In addition, analysis by the applicant shows wet conditions for the years 1996-2000 Since the area in question has been altered through farming, one would not necessarily expect this area to readily show signs of wetland characteristics through aerial photography (see Atypical Situations, USACE 1987 Manual), particularly if the area is considered to be a seasonally flooded wetland. The area does, however, show some crop stress in various years, primarily those which correlate with average to above average precipitation In addition, since the early 1990’s, the area appears to show increasing frequency of wetness, as evidenced in the 2000 USGS photo submitted by the applicant It is clear through observation of the photos that the individual farming the area needed to adjust the boundaries of the field on a semi-regular basis to accommodate changes in precip tation and wet conditio, is . ne applicant recently submitted evidence which documen: .> changes in suiface elevation for a portion of the site (extrapolated from a survey to the north of the site) as a result of grading which occurred sometime after 1992 While the grading could have contributed to the poor site drainage, the evidence appears to be insufficient to document the applicant's assertion of a change in the surface elevation on the site Furthermore, through observation of FSA slides, other aerial photography, as well as soils data, evidence appears to suggest the presence of a pre-existing wetland condition on the site From the evidence that has been evaluated through site visit, submittals by the applicant, as well as additional MCWD staff investigation, I have no choice other than to recommend denial of the application for exemption Due to the fact that there i3 evidence to imply the presence of pre-existing wetlands on the site as well as a lack of information to justify exemption, the exemption, in this case, cannot be applied Please let me know if you have any questions or concerns Sincerely, Michael Wyatt District Technician Minnehaha Creek Watershed District Draft 10/22/02 A RESOLUTION GRANTING GENERAL DEVELOPMENT PLAN APPROVAL FOR PLANNED UNIT DEVELOPMENT NO. 3 FOR PROFESSIONAL PROPERTIES OF ORONO, INC. - FILE #2843 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter “City Council ”) has adopted land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS, Professional Properties of Orono, Inc, (“the Applicants”) have a pending purchase agreement (need to execute this as a condition of this approv^ resolution taking effect) for property owned by the City of Orono located at 2765 Kelley Parkway an>l legally described as: Lot I, Block 1, Willow Properties Addition, Hennepin County, Minnesota (hereinafter the “Property ”); and WHEREAS, the Applicants additionally have an interest via executed purchase agreement (provide a copy for City files) for property located at 2745 Kelley Parkway and legally described as: Lot 1, Block 2, City of Orono Addition, Hennepin County, Minnesota (hereinafter the “Adjacent Parcel”); and WHEREAS, the City Council has considered the application by the Applicants for development by the Platmed Unit Development (PUD) process of the Property and a portion of the Adjacent Parcel; and WHEREAS, on September 9,2002 the City Council adopted Resolution No. 4680 granting General Concept Plan Approval for the proposed development, which approval includes Page 1 of 7 the following elements: 1. Rezoning of the Property and the Adjacent Parcel from RR-IB Single Family Rural Residential District to B-6 Highway Commercial District Planned Unit Development (B-6 PUD); and 2. Commercial site plan approval and conditions for proposed office building on the Property and the Adjacent Parcel; and WHEREAS* the Applicants have submitted executed Planned Unit Development No. 3 Agreement (City to draft ASAP) providing for the installation of certain improvements as a condition of site plan approval for the construction of a Medical Office Building on the Property and on a portion of the Adjacent Parcel, and which agreement documents the general and detailed conditions for use and development of the Property and the Adjacent Pa4-cel; and WHEREAS, the Applicants have submitted an executed Shared Access and Parking Agreement (Applicants must draft and subntit for City attorney approvalf tve do not have a sample ofsuch an agreement) over the portions of driveways and parking areas within the Adjacent Parcel that will be used to meet the parking requirements for the building to be developed on the Property; and WHEREAS, the Applicants have agreed to grant public casements to the City over existing and proposed trails and sidewalks within the Property and the Adjacent Parcel (presumably as part of the sale transaction between applicants and City\ these easements need to be described legally, and incorporated into a Trait Easement document for which we have standard language); and WHEREAS, the Developer has completed all other requirements of the Zoning Code and related Ordinances of the City including: I.Submittal of Minnehalia Creek Watershed District (MCW'D) permit (No._______) approving the grading and stormwater management facilities plan for the development of the Property and the Adjacent Parcel as proposed per the Grading, Drainage and Erosion Control Plan, Sheet ____dated_______. (Plan sheet must be revised to include connection to the Dahlstromproposedpipe; Council must decide whether an alternative plan is required in the event that Dahlstrom proposed pipe and pond are not constructed) Page 2 of 7 2. Payment to the City of Stormwater and Drainage Trunk Fees for the development of the Property in the amount of $12,986. (This fee is based on Trunk Fee of $6,480per acre and gross acreage of Property at 87,279 sf, or 2.004 acres inciuding those portions subject to trail and sidewalk easements; Council may be asked by Applicants to reduce the fee based on excluding the area of land subject to said easements...) 3.Commitment to payment of Sewer and Water Connection Charges in the amount of $________prior to issuance of any Site Improvement/Building Permits. (Final amount will be based on the following formula: Connection Charge Due * A-2 x 2.004 acres x $14,1 15/acre A where:A *° number ofSAC units required for the office building 2 number of sewer/water units paid previously 2.004 acres = gross area of the Property $14,115 = per-acre connection fees for 1989 Highway 12 municipal sewer & water project per 2002 City Fee Schedule.) WHEREAS, City staff and consultants have reviewed the plans for this PUD application and hereby specify approval of each attached plan and identify them as part of the official record for Planned Unit Development No. 3; 1. 2. Approval of site plan per “Preliminary Site Plan” Sheet C2.1 dated 9/18/02, subject to potential relocation to a location within the Property of the trail currently proposed within the Highway 12 right-of-way. Approval of “Preliminary Grading Plan” per Sheet C3.1 dated 9/18/02, subject to the additional requirements of the MCWD in Permit No.____, and subject to the additional requirements specified by City Engineer Tom Kellogg in his letter dated September 25,2002. Page 3 of 7 3. 4. 5. 6. 7. Approval of “Preliminary Utility Plan” per Sheet C4.1 dated 9/18/02,subject to the additional requirements specified by City Engineer Tom Kellogg in his letter dated September 25,2002. Approval of “Preliminary Landscape Plan” per Sheet L2.1 dated 9/17/02, subject to the- following additional conditions: a) City reserves the right to require revision to the tree species and tree locations proposed along the Kelley Parinvay frontage to ensure their compatibility with the final Kelley Parkway strectscape plan yet to be approved by the City Council. b) The trash enclosure shall be further screened by vegetation to minimize direct view of the opening by westbound Highway 12 traffic, subject to City staff approval. Approval of floor plan and facade elevations for the Medical Office building per Sheets A1 .1 , E1 .1 and E1.2 by Shea Architects (undated). Approval of Signage Plan per Sheet ELI (undated). Approval of Lighting Plan per Sheet E2.1 dated 9/18/02, subject to limiting the height of light standards to 20' above grade and revising the location and number of luminaires to more uniformly iight the parking areas. NOW, THEREFORE, BE IT RESOLVED that based on the findings of Rcsoi iiion No. 4680, the City Council of the City of Orono does hereby grant General Development Plan App oval for Plaimed Unit Development No. 3, subject to the following conditions: 1. 2. General Development Plan Approval is granted subject to conditions established within Resolution 4680 and subject to the conditions established within the Planned Unit Development No. 3 Agreement and other pertinent documents. Upon the final approval and execution of this resolution and the Planned Unit Development No. 3 Agreement, the City Council shall formally approve an ordinance amending the official zoning map of the City to rezone the Property and the Adjacent Page 4 of 7 3. 4. 5. 6. 7. Parcel from RR-IB Single Family Rural Residential District to B-6 Highway Commercial District Planned Unit Development (B-6 PUD), and amending the Orono Zoning Code by adding language establishing Planned Unit Development No. 3 (PUD-3) to include the property and the Adjacent Parcel. Upon approval of this Resolution the City Council shall direct the Mayor and Clerk to execute other documents required by this PUD rezoning, including but not limited to the “Planned Unit Development No. 3 Agreement”. Minor changes in the location, placement and height of structures may be authorized by the Development Review Committee if required by engineering or other circumstances not foreseen at the time the final plan was approved and filed with the Zoning Administrator. Changes in uses: Significant changes in the location, size, or height of the Medical Office structure, and any other changes to the approved final development plan deemed by the Zoning Administrator to be signi ficant may be made only after a pubi ic hearing conducted by the Council. Any changes shall be recorded as amendments to the recorded copy of the final development plan. If substantial development has not occurred within one year after approval of PUD No. 3 as set forth in the Planned Unit Development No. 3 Agreement, the City Council may declare the approvals granted within this resolution and within said Agreement as null and void. It is specifically noted that further development of the Adjacent Parcel for a use allowed in the B-6 District is anticipated. Such further development shall be governed by the Planned Unit Development process. Those portions of the Adjacent Parcel used to meet parking requirements for the Property shall not be used in calculations related to development of the Adjacent Parcel. However, calculations of lot area, park dedication fees, storm water trunk fees, sewer and water connection fees, etc for the Adjacent Parcel shall be calculated based on the entire area of the /idjacent Parcel. Page 5 of 7 Adopted by the City Council of Orono this 12th day of November, 2002, ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayr-r STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this__day of .,2001 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 .,2001 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said insmirnent was executed on behalf of the City. Notary Public Page 6 of 7 ■ STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of ..20 personally appeared before me, ____who is personally known to me ____whose identity I proved on the basis of 4 ■' whose identity I proved on the oath/aflfirmation of a credible witness i - '1 r and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of ., 20 personally appeared before me, ____who is personally known to me ____whose identity I proved on the basis of, whose identity I p oved on the oath/afilrmation 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. Notaiy Public Page 7 of 7 . k.«4*TiVai ^tn a M I First Draftl0/2S/02 CITY OF ORONO HENNEPIN COUNTY, MINESOTA PLANNED UNIT DEVELOPMENT NO. 3 AGREEMENT FOR MEDICAL OFFICE BUILDING AT 2745-2765 KELLEY PARKWAY DEVELOPER: PROFESS. lONAL PROPERTIES OF ORONO, INC THIS AGREEMENT, made and entered into this___day of 2002, by tmd between the City of Orono, a municipal corporation organized and existing under the laws of the State of Minnesota (hereinaAer called “City”), and Professional Properties of Orono, Inc., a Minnesota Corporation, its heirs, successors and assigns (hereinaAer called “Developer ”). WITNESSETH: WHEREAS, the Developer has made application to the City Council for approval of a Planned Unit Development rezoning application (PUD) including a commercial site plan review, for the purpose of developing a 16,000 s.f. medical office building on property located at 2745-2765 Kelley Parkway; and WHEREAS, on September 9, 2002 the City Council granted Concept Plan Approval for development of a 16,000 s.f. medical office building (the “Medical Office Building”) per Resolution No. 4680, on the condition that the Developer enter into this agreement t'* provide for conformance with the City’s Planned Unit Development (PUD) ordinances, and to provide for the installation and maintenance of improvements asociated with the development. NOW, THEREFORE, in consideration of the premises, and of the actual promises and conditions hereinaAer contained, it is hereby agreed as follows: A. General Terms and Conditions Property Description. This Planned Unit Development No. 3 Agreement for Professional Properties of Orono, Inc. Medical Office Building applies to the following described property located in Hennepin County, Minnesota: Page 1 of 12 Deve? 'per Initial. City Clerk Initial r' 2. 3. Lot I, Block I, Willow Properties Addition, Hennepin County, Minnesota (hereinaHcr the “Property”); and Lot I, Block 2, City of Orono Addition, Hcnncpiri County, Minnesota (hereinafter the “Adjacent Parcel") Zoning . The Pr."'’ ty and the Adjaccr.? Parcel arc zoned as a Planned Unit Development under the Orono planned unit development ordinance with undcrl>'ing B-6 zoning. Permitted Uses. Within t ;ic Property the only pcmiitted principal structure is the 16,000 gross s.f.. Medical Office Building as depicted in the preliminary site plan (attached hereto as Exhibit___) and preliminary building plans and elevations (attached hereto as Exhibit ____). The permitted use of the Medical Office Building is general medical office uses which may include business and professional offices of a general nature, and a clinic for human care on an outpatient basis only. The office building shall not be used for general retail use, except that retail uses customarily accessory to the general medical office use may occur in no more than five percent (5%) of the office building gross floor area. Other uses shall no*, be uKowed except by amendment of this PUD agreement. Within the Property the only accessory structures allowed shall include Monument identification signs per the approved plans. No other accessory structures arc permitted on the Property except by amendment of this agreement. Within the Adjacent Parcel no principal structure has been approved under this approval. However, it is expressly noted herein that the intent for the Adjacent Parcel is the future development of an additional office building or some other u.sc allowed within the B-6 11 ighway Commercial District. Such future development shall be subject to the Planned Unit Developiiicnt approval process, and shall require a separate PUD approval.. Within the Adjacent Parcel, the only structure permitted under this approval is a detached trash enclosure constructed of materials comparable to and compatible with those of the principal struciuie on the Property per the approved plans as shown in Exhibit____. Within the Adjacent Parcel, the development of a shared access and parking area is allowed as shown on Exhibit___. Such shared access and pari = ^ shall be go\ c*med by the Shared Access and Parking Agreement attached hereto as Exhibit____. Those portions of the Adjacent Parcel used to meet parking requirements for the Properly shall not be used in calculations related to development of the Adjacent Parcel. However, calculations of lot area, park dedication fees, storm water trunk fees, sewer and water connection fees, etc. for the Page 2 of 12 Developer Initial, City Clerk Initial liintwiftrilflriilhilMl Adjacent Parcel shall be calculated based on the entire area of the Adjacent Parcel. Users shall be obligated to conform to all applicable Orono ordinances and to the provisions of this PUD agreement. The foregoing uses are permitted pursuant to this PUD agreement 4. Site Access. Internal circulation fur the Property shall be via private driveways and parking areas. The only access to adjoining public streets shall be onto Kelley Parkway. The westerly access to the property shall be an entrance only and shall not allow exit movements. Additionally, a shared access providing for full entrance and exit movements shall be constructed as shown on F.xhibit__to serve both the Property and the Adjacent Parcel, One future additional access point to Kelley Parkway may be allowed for the Adjacent Parcel. Such access location shall not be constructed until approved via the PUD approval process in conjunction with future development of the Adjacent Parcel. Off-site access improvements that are the responsibility of the developer shall include construction of curb cuts and driveway aprons within the right-of-w ay of Kelley Parkway, as well as the relocation of existing hydrants and storm sewer facilities as necessary to accomplish the required site accesses. All such off-site itnprovements shall be perfomied to City specifications and shall be reviewed and approve*-* !-• c Director of Public Services prior to c jmmcnccment of such improvements. 5. Building Design and Construction. The medical office building on the Property shall be constructed according to final plans which shall first be certified by the Planning Director as being in conformity with the approved plans attached as Exhibit__. The exterior of the building shall be of materials consistent with the preliminary materials propo.«al attached as Exhibit___. The trash enclosure located on the Adjacent Parcel shall t>e constructed of materials consistent with the principal structure on the Property per the approved plans. Construction of the medical office building shall be in conformance with the building codes and regulations adopted by the City of Orono. Any substantial changes to the gross square footage, tootprint/wall/roof dimensions or defined building height shall require a prior amendment to this Agreement. 6. Landscaping. The approved landscaping plan attached to this Agreement as Exhibit shall be strictly adhered to, with the following conditions: a)City reserves the right to require revision to the tree species and tree locations Page 3 of 12 Developer Initial City Clerk Initial proposed along the Kelley Parkway frontage to ensure their compatibility with the final Kelley Parkway streetscape plan >et to be approved by the City Council. b) The trash enclosure shall be further screened by vegetation to minimize direct view of the opening by westbound Highway 12 traffic, subject to City staff approval. 7. Lighting. Site lighting shall adhere to the approved lighting plan attached to this agreement as Eihibit 8.Signage on the site shall be limited to the required traffic control signage, and to the 2 approved monument signs as shown on the approved Signage Plan attached hereto as __. Parking and traffic control signage shall be installed subject to City staff and City Fngincer approval. B. installation and Maintenance of Improvements 9* Improvements: In accordance with the policies and ordinances of the City of Orono, the follovring described public or private improvements (hereinafier collectively called the “Improvements ”) shall be constructed, installed and maintained by the Developer according to the terms and conditions contained in this PUD Agreement: (a) Site grading, driveways, curb and gutter, parking lots, sidewalks, retaining walls if required and all necessary erosion control measures per the preliminary Grading. Drainage & Erosion Control Plan attached hereto as Exhibit ___(hereinafier called "site grading improvements"); (b) Construction of sanitary sewer and water connections, and relocation of the hydrant located at the Northeast comer of the property (hereinafier called "sewer and water improvements ”) and construction or relocation of storm sewer lines and facilities (hereinafier called "stormwater improvements ”) per the preliminary Utility Plan attached hereto as Exhibit __. (c) Underground natural gas, electric, cable and telephone ser> ice to be arranged by the Developer with the utility companies involved (hereinafter called the "other utility improvements"); (d) Landscaping and site revegetation improvements per the approved Landscaping Plan Page 4 of 12 Developer Initial City Clerk Initial '.0. attached hereto as Exhibit__(hereinafter called “landscaping improvemciits"). <e) Trafiic control signage subject to approval by the City Engineer and Public Services - Director. (0 Any additional improvements listed within the Site Improvements Cost Estimate attached hereto as Exhibit Construction Plans; Detailed plans and specifications for the complete installation of the Improvements shall be submitted by the Develupci for the approval of the City prior to issuance of applicable City permits. The Plans and Specifications shall conform to all current City standards for all applicable work and shall comply with the terms of this PUD Agreement. I !• Construction of Improvements: (a) Commencement Date - The construction of Improvements shall begin no later than (b) (c) Completion Date - All Improvements shall be completed no later than Contractors - The Developer shall select, retain and supervise the Contractorfs) responsible for Improvement construction. The City reserves the right to require satisfactory proof of successful experience and adequate financial status of any such contractor. Where required by City ordinance, the contractor shall first obtain a license from the City. Pre-Construction Conference - Prior to the start of any construction, the Developer and the Developer’s Contractor shall meet with the responsible Cityoflicial to review construction plans and schedules. (c)Permits - Prior to the start of any construction, the Developer’s Contractor shal 1 apply for and receive all necessary permits from the City and/or government agencies having jurisdiction. Permits - Prior to the start of any construction, the Developer’s Contractor shall apply for and receive all necessary permits from the City and/or government agencies having jurisdiction. Required City permits relative to the Improvements include the following: Site Grading Permit; Utility Construction Permit; Sewer and Water Page S of 12 Developer Initial. City Clerk Initial. 12. 13. Coiuuxtion Permits. Developer is advised that an Erosion Control Permit must be obtained from the Minnehaha Creek Watershed District before commencing any grading activity on the site. Construction - The construction, installation and materials shall be in accordance with the plans and specifications approved by tiie City. (h) Insurance - The Developer will cause each person who constructs and installs any Improvement to maintain complete insurance coverage including Workmen's Compensation, Liability and Property Damage. Performance Deposit : For the purpose; of assuring to the City that the Improvements will be completed according to the terms of this agreement, and that the Developer will pay or will cause to have paid all claims for work done and materials and supplies furnished, the Developer or his General Contractor will deposit with the City prior to issuance of site grading and building permits an irrevocable letter of credit in a form satisfactory to the City providing that the City is able to draw upon such letter of credit in its sole discretion to complete the Improvements if the Developer fails to satisfactorily complete the work prior to the completion date specified in Section 11 above. The amount of such deposit shall be 150% of the estimated improvement costs per the schedule to be attachetl to this document as Exhibit__. The amount of such deposit shall not be reduced before substantial completion of the Improvements. The letter of credit shall e.xpire no sooner than six months aAer the completion date specified in Section 11 above. Fees and Expenses: The Developer agrees to pay all City fees required per the current City Fee Schedule and further agrees to completely reimburse the City for all the variable additional expenses it incurfi in regard to the review and approval of the Improvements including, but not limited '4O, direct City payroll and overhead, costs, and fees paid to consultants and other professionals, which are not covered by City application fees. M^nntPnanyg- The Developer shall be responsible for maintenance of all privately owned Imprtvcments including roads, sidewalks, and storm sewers, regardless whether casements for such im(«rovemcnts have been granted to the City. Developer shall permanently maintain site lighting, signage and landscaping consistent with the approved Plans for said improvements. Developer shall be responsible for maintenance of all sewer and water lines that are defined as “c<'nnections ” as indicated on the approved Utility Plan. Developer shall be responsiblv lor ensuring that the appearance and design of the building arc maintained per the approved building and construction plan, and shall be responsible for P^gebof 12 Developer Initial City Clerk Initial' ensuring that the site amenities and features as shown on the approved site plan are maintained per said plan. Developer Representations and Covenants. The Developer hereby makes the following representations and covenants; (a) The Developer has the legal authority and power to enter into this Agreement. (b> The Developer reasonably expects to obtain financial resources sufficient to enable the completion of the Improvements. (c) The Developer will, subject to the requirements of Section B - Installation nnd Maintenance of Improvements hereof, construct, operate and maintain the Improvements in accordance with the terms of this Agreement and all local, state and federal laws and regulations, and will construct or pay the costs of construction of any site improvements, utilities, landscaping, stormwater management facilities, roads, parking facilities which arc necessary in connection with the construction and such improvements. At such time or times as may be required by law, the Developer will have complied with all local, state and federal environmental reviews, licenses, and will he in compliance with the requirements of federal, state, and local authority. 1 he Developer will obtain, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all local, state, and federal laws and regulations w'hich must be obtained or met before the Improvements may be constructed. (0 It is intended and agreed that the covenants provided in this Section shall be covenants running with the land not the owner or developer. I^- City Representations and Covenants: The City makes the following representations as the basis for the undertaking on its part here in contained: (a) The City is authori/cd by law to enter into this Agreement and to carry out its obligations hereunder. (b) The City w i II, in a timely manner, subject to all notification requirements, review and Page 7 of 12 Developer Initial City Clerk Initial • 17. 18. 19. act upon all submittals and application of the Developer and will coo, urate with the efTortofthe Developer to secure the granting of anypemiit, license, or other approval required to construct and operate the Improvements; provided, however, that nothing contained in this subparagraph shall be construed to limit in any way the reasonable and legitimate exercise of the City’s discretion in considering any submittal or application. The Property is zoned for purposes which include the Development as proposed. The City has issued all necessary commercial site plan review approvals for the proposed development on the property. Compliance. At any time and from time to time the Developer may request that the City provide the Developer a certificate certifying that that the terms and provisions of this Agreement have been complied with and that this PUD Agreement is in full force and effect with respect to the development for the purpose of facilitating sale, mortgage, insurance or other matters. To the extent that there be any bona fide defaults in such compliance, the Developer shall be afforded a reasonable lime to bring the development into conformance, and thereafter the City shall be obligated to provide such certificate. Binding Effect: The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding deemed covenants running with the land. References herein to Developer, if there be more than one, shall mean each and all of them. This agreement at the option of the City shall be placed of record so as to give notice hereof to any subsequent purchasers and encumbrancers of all or any part of the property. Notices: Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States certified mail (return receipt requested) to the addresses set forth below. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mai I in accordance with the above. Notice to City Notice to Developer City of Orono Clerk/Administrator P.O. Box 66 Crystal Bay, MN 55323 Page 8 of 12 Developer Initial City Clerk Initial' 20. 21. 22. 23. 24. Parties may substitute notice provisions upon notice to other parties. Incorporation bv Reference: All plans, special provisions, proposals, specifications and contracts for the Improvements furnished and let pursuant to this agreement shall be and hereby are made a part of this agreement by reference as lUIly as if set out herein in full. Disclaimer bv Cuv: It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any maiuier to the Developer or Developer's contractors, subcontractors, materialmen, laborers, or any other person, firm or corporation, for any debt, claim, demand, damages, actions, or causes of action of any kind or character, arising out of or by reason of the execution of this agreement or the performance and completion of the Improvements. Hold Harmless and Indemnification: The Developer shall indemnify and hold harmless the City, the City Council, and the agents and employees of the City from and against all claims, damages, losses or expenses, including attorney fees, which the City, City Council and agents and employees of the City may suffer or for which it may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of this agreement by the Developer, its employees, agents or sub contractors, whether or not caused in part by a party indemnified hereunder. Remedy for Default: Default by the Developer of any of the terms of this agreement shall automatically result in the suspension or withholding of all permits, licenses, occupancy certi ficatcs or other authorizations issued by the City in connection with the property included in this development. The remedies afforded to the City under this Section shall be in addition to any other remedies to which the City may be entitled by law or other agreement. Default by the City shall entitle the Developer to seek injunctivc/mandatory relief through the courts, together with otlicr relief as the law may pro\ idc. RH|ilU of Entry. 'I he Developer hereby grants to the City, its agents and its employees, the right to enter on the property for the speeifie purpose of eonstructing or completing any and all of the agreed upon Improvements should the De\ eloper not complete those Improvements by the date specified in Section 1 1. 23. Controlling Agreement . To the extent that there is any difference or ambiguity between this Planned Unit Development Agreement and other agreements between the City and the Developer, this Planned Unit Dc\elopment Agreement shall control. Page9ofl2 Developer Initial. City Clerk Initial ■f. IN WITNESS WHEREOF, the City and the Developer have caused this agreement to be duly executed on the day and year first above written. CITY OF ORONO By:. (Mayor) By;. (City Clerk) A>"- ■< IV DEVELOPER - Professional Properties of Orono, Inc. By: Its; Reviewed for Administration: Date;By:. (Planning Director) By:. This instrument was drafted by: City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay. MN 55356 (City Administrator) Page 10 of 12 Developer Initial. City Clerk Initial. . 4m a 1a m ^ ^ STATE OF MINNESOTA COUNTY OF HENNEPIN The/oregoing instrument was acknowledged before me on this__day of .2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this__^day of .2002 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of ..20. pet^nally appeared before me, ____who is personally known to me ____whose identity 1 proved on the basis of whose identity I proved on the oath/affirmation of a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Page II of 12 Developer Initial City Clerk Initial' i-LIST OF EXHIBITS Exhibit A.....Preliminary Site Plan Exhibit B.....Preliminary Grading, Drainage and Erosion Control Plan Exhibit C.....Preliminary Utility Plan Exhibit D.... Preliminary Building Plans & Elevations Exhibit E..... Landscaping Plan Exhibit F..... Lighting Plan Exhibit G.... Signage Plan Exhibit H.... Site Imp>ovements Cost Estimate Page 12 of 12 Developer Initial City Clerk Initial' miltniiiiiI REQUEST FOR COUNCIL ACTION OCT 2 6 2002 CITY OH OHONO DATE: October 24,2002 ITEM NO: / Departnent Approval: Name RonMoorse Titk City Administrator Adminbtralor Reviewed: __M Agenda Section: City Administrator’s Report Item DcscriptioB: Froclamation-Housin^Week Attached is a letter from La£>onna Hoy, Executive Director oflnterfaith Outreach and Community Partners, regarding efforts to increase awareness about affordable housing issues. Also attached is a proclamation setting the week of November 16-23,2002 as Housing Week in Orono. COUNCIL ACTION REQUESTED: Motion to adopt the attached proclamation setting the week of November 16-23,2002 as Housing Week in Orono. ii 1 CITY PROCLAMATION OF HOUSING WEEK TO BE NOVEMBER 16 • 23,2002 IN THE CITY OF ORONO WHEREAS, an adequate supply of safe, well-kept, affordable housing is an important component of a strong, stable, economically vibrant community; and WHEREAS, wages at lower levels have not kept pace with rising housing costs, and the wage-housing cost gap has led to rising homelessness; and WHEREAS, the shortage of affordable housing contributes to homelessness; and on a given day, 7,589 Minnesotans are homeless and an additional 13,740 arc at imminent risk of losing their housing; and WHEREAS, children make up 43% of Minnesota ’s homeless population; and WHEREAS, homeless children arc much more likely to experience physical, behavioral, and emotional health problems, be held back in school, and sulTer from learning disabilities than non* homeless children; and WHEREAS, National Hunger and Homelessness Awareness Week is November 16-23, 2002,and WHEREAS, Interfaith Outreach & Community Partners (lOCP) provided 941 emergency housing assists to 400 households in FY2002 to prevent homelessness; and WHEREAS, public, private, non-profit partnerships play an essential role in the development and preservation of affordable housing; and WHEREAS, the City is a participant in the Metropolitan Livable Communities Act; and the City Comprehensive Plan supports a balanced housing supply, with housing available for people at all income levels; and Page I of2 1 WHEREAS, “Housing Week” is a community initiative to raise awareness about local housing issues, to raise money to address housing needs, and to promote community involvement and volunteerism. NOW, THEREFORE, BE IT RESOLVED THAT the Orono City Council does hereby proclaim November 16-23,2002 to be: HOUSING WEEK in the City of Orono, and does also encourage all citizens to participate in the activities associated with Housing Week. Adopted by the City Council at a regular meeting held on October 28,2002. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson. Mayor Page 2 of 2 October 1, 2002 The Honorable Elarbara Peterson City of Orono P.O. Box 66 Crystal Bay^ MN 55323 Dear Mayor Peterson: For the past two years, the City of Orono has responded to our request to issue a Housing Week proclamation in an effort to increase awareness around the issue of ofiordable housing. In addition, last year you actively participated in the Housing Week kick-off event on Lake Street in Wayzata together with the other four mayors of our area. Thanks again to you and to the City of Orono for its great support of that effort! The purpose of this tetter is to invite the City to again participate in our community initiative to raise awareness about local housing issues by proclaiming the week of November 16-23, 2001, "Housing Week* in the City of Orono. (see enclosed draft proclamation). Background As you know. Interfaith Outreach and Community Partners serves low and moderate income households in Plymouth, Wayzata, Long Lake, Orono, Medina, Minnetonka Beach, Medicine Lake, and Hamel. lOCP actively advocates for the preservation and development of affordable housing in our area. One of lOCP's housing goals is to raise community awareness and support for Increased housing opportunities for low-income families throughout the community. To this end, lOCP, along with several local congregations, will be observing the week of November 16-23 as "Housing Week*. Calendar Housing week will be initiated on night of November 15*^ as the Home Base kids from several area schools sleep out for one night in front of Gleason Lake Elementary School. On Saturday. November 16*’’ Bob Fisher will begin his seventh annual Sleep- Out Bob will be sleeping outside to raise funds to address and prevent homelessness in the community This year our Housing Week financial goal is to raise $750,000 in an attempt to meet the skyrocketing housing needs of the families we serve. A community-wide kick off will take place at 6:00 pm. in front of the Wayzata Depot in downtown Wayzata The kick-off will include a hot dog supper, entertainment and a short program. We expect significant media coverage including television news, radio news and interviews, and newspaper coverage once again this year On November 1 7 “\ several leaders of the faith community will deliver messages from the pulpit about the affordable housing issue Many of these congregations will be taking a special offering to raise funds that will seed some exciting new housing initiatives in the community In preparation for Housing Week, lOCP will be working within our member congregations to provide edua;tion about affordable housing issues i 10Gland Avenue Souih, Wayzata. Minnesota .S53 ‘)l-I872 952/473-:436 Fax 952/473 4 '37 ■ ■ —* -■ Several youth groups from churches in Wayzata, Plymouth and Long Lake will also be sleeping out the night of November 16**, each in their respective churchyards. Several scout groups will also be hosting sleep^ts. as well as some of the community's businesses. A number of CEO's in the community will be sleeping out with Bob Fisher that first night as well. We invite the mayors and/or city council members from each city to sleep out with any of these groups or with their femilies. The multiple sleepK>uts on November 16** are a sign of solidarity and support tor those who are homeless. ApJflYititiOT Cities are key partners In the effort to meet the housing rieeds of low and moderate income reskfrMits and employees. We hope that the City of Orono will consider partiopation in Housing Week in the fbllo^ng ways; 1 Join with the mayors of the cities of Plymouth, Wayzata. Long Lake, and Medina in issuing a proclamation of Housing Week, (proposed text included) 2. Participate in the November 16. 6:00 kick-off event and program on Lake Street in Wayzata. 3. Encourage city staff and council members to participate In the November 16th kick-off event. A. Distribute a short information piece (see enclosed brown card) at your front desks and other places in your office that have high interaction with the public. 5. Mayor and/or dty coundi members visit and/or sleep out in tents with youth with one of Long Lake's partidpating groups on November 16** ...and/or with the school kids In front of Gleason Lake Elementary on Friday. November 15**? 6. Print an article about Housing Week (see enclosed) in your city newsletter prior to November 16. Enclosed is a short report on homelessness in our area, based on 2001 data from lOCP. Please call Jill Kohler. lOCP Development Director, at 952 473-2436 if you have questions or would like additional information Thank you for your consideration of our requests and your continued support tor addressing this critical issue. Respectfully. r LaDonna Hoy, Executive Director End (4) Cc: Ron Moofse fitftWiWn-fit riirf*ntmrin Jiau Homeless in Out Community’ Intei-fgith Outi-e^ch & Community Partnei-s CIOCP) 2001 Report 3 glimpse of homelessness... ...a single father experienced the death of his 2 year old child and lost his job. He and his daughter are staying with relatives... ...a family of three moved from Texas, found full-time work but not housing. They sleep in a tent... ...a single working mother of three has been homeless for 5 months after leaving an abusive situation. They have nowhere to sleep but their car... ...a couple with four children live in a motel and cannot secure housing because of a past bankruptcy... ...a single woman, who has been homeless for several years, battle.s with chemi cal dependency issues. She works part time but remains without housing... the numbei-s KXP served 78 homeless households (184 individuals) in 2001; Half are children More than half (51%) are families with children; 46 percent are individuals; 3 percent are couples without children. 64 percent of homeless households are from the community. Those outside of the commu nity are referred by lOCP member churches, schools, other service agencies, cities, or em ployed in the community. 66 percent of homeless households were working when they experienced homelessness. ejefinitions 1 his report includes information provided by individuals who experienced homelessness in this community in 2001, and sought assistance from lOCP. It does not provide an actual count of homeless people in the community. A household is considered **homcless** if it lacks permanent shelter. The homeless people served by lOCP live in cars, tents, parks, shelters, hotels, doubled up with friends or family, churches, streets, campsites, or, in most cases, a combination of these. A household is considered ‘^near-homeless’* if it must vacate its place of residence and faces one or more barriers to finding replacement housing. Barriers include a low-income, an immediate notii:e to vacate, a poor credit or rental history, a large family, and using a Section 8 voucher. *10CP serves eight west Hennepin County citie» Himel, Long Lake, Medicine Lure. Medina, Minnetonka Beach, Plymouth (west of 1-4 ’ 4), Orono, Wayzau iocp's r-esponse lOCP works to prevent homelessness. In 200 1, lOCP spent $397,452 on emergency housing as sistance to 371 households. The table below shows that most of this funding (88.5%) was used to prevent homelessness by assisting clients with rent and mortgage payments. lOCP helps homeless and near>homciess families overcome barriers to long-term housing stability. lOCP advocates on behalf of families that are near-homeless by negotiating with landlords and working with lenders and housing counselors to prevent home foreclosures. lOCP helps homeless families by making shelter and housing referrals, and by providing finan cial assistance for shelter, storage of belongings while in temporary housing, moving expenses, security deposits, application fees, and first months ’ rent. Table: Percent of Toial Emergency Housing Expendimm in 2001 by Type Type of Assbtance Rent or partial rent payments Mortgage payments Security deposits Shelter (hotel costs) Moving/storage expenses Application fees Percent of Total Emergency Housing Espenditures ($397,452) 81% 7.5% 7.5% 1.5% 0.5% the cb^inging 6cc of homelessness... lyenty years ago. a homeless person in the metro area would most often be a single man. Today, more than ever before, a homeless person is likely to be a child The average age of a homele.ss child in the Twin Cities is just six and a half a first grader. Another alarming sta tistic shows that more and more homeless families are working. In fad. it is estimated that one quarter of area homeless families with children receive most of their income from work. (20"' Anniversary Report, Family Housing Fund. 2000). homelessness an4 affor4‘lhle housing • The number of homeless people in the metro area has nrorc than doubled since 199 1; the number of homeless children has almost quadrupled. Homeless children are at a much greater risk of serious emotional and physical health problems, and of repeating a grade. • The affordable housing shortage is the biggest factor contributing to the increase in home lessness I he rental housing vacancy rate in the Twin Cities metro area was one of the low est in the country from 1999-2001. • I lousing CO* ts soar high above incomes for many families—average rents in the metro area increased by 34 percent in the last decade, while median renter income increased 9 percent. • In 2001, average rent for a 2-bedroom apartment in Plymouth increased by 9 percent to S 1,006 per month • In 2001, ItXP emergency housing assist expenditures increased by more than 75 percent. • Fewer than one apartment in eight in suburban Hennepin County is both aflbrdable and available to a Section 8 voucher holder Only about one in three households who receive a Section 8 voucher succe^ in securing housing. laterfaith Oulrrach A Conmunity Partnen, January 2092 1 HOUSING WEEK 2002 November 10-23 Housing Week is a community initiative to raise awareness about local housing is sues, to raise money to address housing needs, and to promote community involve ment and volunteerism. Housing Week originally began with the efforts of local shoe- repairman Bob Fisher, who began a winter sleep-out to raise the awareness of peo ple in his community around the issues of affordable housing and homelessness. Bob donated funds he raised to the housing work of interfaith Outreach & Community Partners (lOCP). In 1999, Bob worked with lOCP to expand the Housing Week effort to the entire community, joining with local churches, the cities of Wayzata, Plymouth, Orono. Long Lake and Medina, youth groups, civic organizations, and schools to raise awareness about local housing issues, to raise money to address housing needs, and to pro mote community involvement. In this year ’s Annual Housing Week campaign lOCP and Bob have set a stretch goal of $750,000 ($530,000 was raised in Housing Week 2001). While this may seem an ovonwhelming goal, the campaign goal reflects the dramatic increase in need for housing assistance by families in our community in the past 18 months. lOCP is striving to meet that need and not turn families away. ICCP will use these funds to help low-income families and individuals find, secure and keep affordable housing. Please join Bob in becoming personally involved in bui'ding a community in v/hich every family has a warm place to call home. Here are ways you can help; Financial contribution to the Houaing Weak campaign. Land, houses, buildings. The availability and cost of land is a huge barrier to affordable housing efforts. Call lOCP if you are interested in a tax-deductible do nation or partial donation of property. Volunteer. Thanks to 150 volunteers contributing more than 1500 hours, three houses have been purchased, rehaoilitated and sold to low-income families in this community. Call lOCP to sign up on our volunteer list, or organize a group within your congregation tc “adopt a home". Education. Become an informed voice in the community. Attend community fo rums and meetings on this issue. Call lOCP for educational materials or to en gage speakers. Advocacy. Join lOCP’s advocacy efforts lOCP works with members of 30 west metro congregations in the West Metro Faith Communities in Action (WMFCA), the Metropolitan Interfaith Council on Affordable Housing (MICAH), and partici pates in the HousingMinnesota collaborative to raise awareness and encourage cross-sector participation in finding solutions. P/ease ca/NOCP at (952) 473-2436 fbrmore infb/wation. cifiii s aieep ,. .'i .V.:-' L... ypuriWalieHi d stoM ogdinst tie tireirt,^ hdriw:'.'. lesshess Inourcoiwnun^^^^ : ' n]any yoking tamilies; Moipr' V ^ cINz^, people (Usabilities/'^ Olid people toeing life crisis hick We ^ ond offofiMIe housing.-Eoch'y^ ;c I.' •' Bob sle^ oiMoors'ln lljelodtd raise oworeness <W tiiixts tbr.ldoai I r ^ srt. * • *. »:• V- -' - I. V. . Ifpfp^pphof., Htimtl • Lod9 Loke • Medicine MInMtonko Be^cti • Ovorio^^.Plyn What Cdii Y< V‘.\ • . *. flj| H9lp NOW wHh yojut ■ P .9h9rgy, lnifuBnc9 Of u. *. • •.* Ofganbf your workpt rieIgtiiqihodd/ctH/rcl ^J[;(/fe your yolco., .> * MP« up. N Itwolvomont is the k NOWismoJfrno. G Go form Join its ot Bob's Sleep-Out I November 16 ot 6:00 p.m.'-Loke i ' Oe front of the Depot a"ov • MO 9 • [T’I : T&i'lr' .i .i ^ ' :HOUSING WEE aiKICK'OFF |r ' J. ^ ■ 'j4 ■ • •■ • - . -_g. Sotur^qy/^^^ 6:00.pm fon Loke .Street in Wdyzoto (In front of the Wo'i^ala Depot) "•V W. ■ • ■ ■ ^ : ; • • .* iv!-.^ .. ... *: fo build community. • 'r’.T;: Bring your fomlly. i ■ •• T": ’V !• Teach your children well' \ Mp}<e. a difference In our, communityi ■ vyv^.bobssleepp^»• - \'4i“In the face of suffering, one has n<^ right to turn.away, not to see...Whehs someone suffers, and It is not you, & comes first. His very suffering givetii him priority::^ - Elie Weisel • ■ •.■ '• ■ ' :-‘4 Enclosed is my donation for Bob’s Sleep-Oi .. to end homelessness {Make di^ payable to Intarfatb Outreach & Comnunty Partr«rs or W □ $100 □ $250 □ $-00 □ $1,000 □ Other -A • 4 ■______________________• • >1Name Address Phone rj • • ^ _ leterfaith eutreach 1 Cenniiuiity Partoei lie eraai An mm Saath -k Wafiata, Miaaaaata BSSS1-1I7S $52/473-243$ • Fan 8S2/473-433'7. ^ iecpjillGhotnail.com '.) tCur(rtuU>ns srt Lu JedUU e / Its .'S A COILiboiative partner with HoiuingMinnesoU REQUEST FOR COUNCIL ACTION Date: OCT 2 Q 2002 CliTUr-OHONO 10/28/02 Item No: /? Dq>artment Approval:Administrator Reviewed:Agenda Section: Name: Title: Stephany Chief of Police >2- Item Description: Promotion of Kurt Erickson to Police Sergeant Position Exhibits: None DISCUSSION There are currently three positions of police sergeant in the Orono Police Department. Last November 2001, the department received Council approval to assign a temporary working-out* of-class sergeant. The goal of this assigiunent was to provide a patrol officer with an opportunity to develop supervisory, managerial, and administrative skills, and to assist the current administration in providing better service to citizens and the police department. All officers interested in the assignment were asked to submit written applications, resumes, and participate in an oral interview. Two officers participated in the process. Officer Kurt Erickson was selected. He has proven to be very effective in the position. At this time, the department is interested in making the working out of class position a permanent sergeant position and promoting Officer Erickson into this position. He will continue to be assigned to administration. Officer Kurt Erickson has served as an Orono Police Officer since November 1976. He brings vast experience and knowledge to the position. He has a genuine concern for the safety of our citizens and respect for our resources. COUNCIL ACTION REQUESTED Motion to convert the out of class sergeant assignment to a permanent sergeant position and to promote Officer Kurt Erickson, effective October 28,2002 at the Level 5, Step IV sergeant pay rate of $28.37 per hour. REQUEST FOR COUNCIL ACTION ▼inq OCT 2 8 2002 Cl IY OF ORONO Date: 10/28/02 Item No: Dqiaftinent Approval:Administrator Reviewed:Agenda Section: Name: Title: Stephany Good^’^^^ Chief of PoliccT^ Item Description: Police Department • Tactical Rifle Purchase Exhibits: DISCUSSION The police department currently utilizes eight M-16 machine guns that were made available from military surplus. The rifle inventory no longer meets the needs of the department. The police department is interested in purchasing 15 new AR-IS Tactical 16” rifles. If approved, the following needs will be met: 1) AR-15s will installed in each of our ten patrol vehicles, so that every ofllcer will be using the same weapon. Five wetqwns will be retained in the armory for training, use in critical incident response, and to cover when repairs are necessary. It is important that all the weapons are purchased at the same time so they are identical models, lliis will ensure adequate training and familiarization with this piece of equipment. 2) The 16" length w ill allow for installation in each patrol vehicle. (Because of wiring requirements for 800MHz radios, there is not room for the current 21" M-I6s in all patrol vehicles). 3) The current M-16s have the option oi being set by the officer to fire a single shot, three round bursts, or fully automatic. When set on full auto, it will fire 21 rounds with one trigger pull. Fully automatic weapons do not have an extremely limited application in our suburi)an areas. Although officers are trained not to switch the safety switch to full auto, it is possible that in a stressful situation that a mistake could be made. The proposed AR-15s are single shot only, which will allow accountability of every round fired. 4) The proposed AR-15s include a flashlight system which is mounted directly onto the barrel, allowing the officer clear target identification in darloiess, and an opportunity to better manage intermediate weapons as necessary. This purchase was not approved as part of the 2002 budget, however Homeland Security concerns have changed some of the department’s priorities. Matching funds from the State Bank of Long Lake through the North Tonka Crime Prevention Coalition will make this purchase possible at^this time. The remaining money for this purchase is available in the police forfeiture fund. COUNCIL ACTION REOI JFSTPn Motion to approve purchase of AR-IS tactical rifles of approximately $7,000 from the forfeiture fund. Motion to approve budget adjustment. Motion to accept the matching fund donation from the State Bank of Long Lake and North Tonka Crime Prevention Coalition. 2i:^ippsVwpwm60^wpdocf\lueVouflciI.«c2 REQUEST FOR COUNCIL ACTION OCT 2 8 2002 CITYOHOflONO DATE: October 24,2002 ITEM NO: Department Approval: Nanc RonMoorse TUIe City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Vehicle Forfeiture Update At the October 14 Council meeting, Mr. Rodger Olson requested the Council reconsider the City’s forfeiture action regarding his vehicle, and consider selling the vehicle to Mr. Olson. The Council asked the City Attorney to research the options available to the City. The Attorney has indicated the vehicle is now City property. If the City chooses to sell the vehicle, it must be sold for fair market value. If the value of the vehicle is less than $25,000, a competitive bid process is not required. When the City seized the vehicle, it was stored in the City’s Public Works yard area. In June of 2002, Mr. Olson did file for a judicial hearing on the forfeiture action. The result of the hearing was that the judge granted summary judgement in favor of the City. On September 11,2002, the title to the vehicle was transferred to the City, and arrangements were made to prepare the truck for use as a replacement for the CSO vehicle. The truck had not been used for any purpose prior to this point. The recommendation of the Police Chief is that the vehicle forfeiture was a valid and reasonable action, the forfeiture action fairly and effectively served the purpose of the forfeiture law, and the action should not be reconsidered. COUNCIL ACTION REQUESTED: Motion to reject the request from Mr. Rodgers to reconsider the City’s forfeiture action regarding his vehicle. gMaUteiiia REQUEST FOR COUNCIL ACTION Date: -------^ING ocr 2 8 2002 CITYUFORONO 10/28/02 Item No: 2.0 Department Approval:Administrator Reviewed:Agenda Section: Name: Title: StephanyGood j Chief of Police m Item Description: Police Department Acceptance of Grant for Underage Access to Alcohol Compliance Checks Exhibits: None DISCUSSION The police department applied for and received a grant to conduct alcohol compliance checks. The grant was made available through the State of Mim.esota Department of Public Safety from federal funds obtained by the State through the Dep 'rtment of Justice Juvenile Justice and Delinquency Prevention. The grant is effective fro July 1, 2002 to May 31,2003. The amount of the grant is $ 1 ,320.00. The Orono Police Department conducted alcohol compliance checks in 2001 and 2002 at liquor establishments based on research presented to the Council by the Heimepin County Project to Reduce Underage Drinking. Orono school officials, parents and police formed a cooperative partnership to decrease the use. This partnership meets monthly and supports enforcement efforts which include compliance checks. The Orono Police Department notifies each business owner that compliance checks will be done at the business (about two a year). The business owners are notified of training for managers and employees prior to the checks. Businesses are notified of satisfactory compliance checks. Failure to pass a compliance check results in a referral to the city attorney for prosecution and a recommendation for civil penalty which is assessed through our fee schedule. COUNCIL ACTION REOUFSTFn Motion to accept $1,320 Grant for Underage Access to Alcohol Compliance Checks. REQUEST FOR COUNCIL ACTION Date: ocr 2 8 2002 Cl I y OHONO 10/28/02 Item No: JLf Dq>ai1ment Approval;Adminisd^tor Reviewed;Agenda Section; Item Description; Police Department Acceptance of NCMEC Computer Donation Exhibits; None DISCUSSION The National Center for Missing and Exploited Children (NCMEC) is a private, non-profit organization that is funded in part throu^ the U.S. Department of Justice's Office of Juvenile Justice and Delinquency Prevention. NCMEC acts as the nation’s clearinghouse of information on missing children and child victimization. NCMEC developed a program known as Lx>st Child Alert Technology Resource (LOCATER) which consists of the hardware and software needed to easily scan images and rapidly disseminate information to law-enforcement agencies and the public. It is designed for missing child posters, and may also be used for stolen vehicles, wanted persons, and crime alerts. In March 2002, Chief Good attended the NCMEC Chief Executive Officer Seminar and applied to participate in the LtX^ATER program. In order to enhance law enforcement’s ability to recover missing children, the NCMEC provides the tools and equipment necessary to more rapidly disseminate images and information. NCMEC has agreed to provide the Orono Police Department with a computer, scarmer, color printer, and the latest poster-creation software. The public may view the use of this technology by viewing the NCMEC website at http.V/www.missingkids.com. COUNCIL ACTION REQUESTED Motion to accept donation from the National Center for Missing and Exploited Children. ^ -yi S' i REQUEST FOR COUNCIL ACTION OCT 2d 2002 CITY OF ORONO DATE: October 24,2002 ITEM NO: ^2. Department Approval: Name RooMoone TUic CHy Administrator Administrator Reviewed:m Agenda Section: City Administrator's Report Item Description: Resignation of Paul Weinli&ger Paul Weinberger, the City’s Planner/Zoning Administrator, has submitted his resignation to be effective November 5,2002. Paul has accepted a position with the City of Minneapolis, where he will be a part of a new centralized geographic information system effort. Attached is a resolution of appreciation for Paul’s four years of outstanding service to Orono. COUNCIL ACTION REQUESTED: Motion to accept Paul Weinberger’s resignation effective November 5, 2002, and to adopt the attached resolution of appreciation. ^ tr i'f October 22,2002 Ron Moorse, City Administrator City ofOrono P. O. Box 66 Crystal Bay, MN SS323 Dear Ron: I am writing this letter to notify you that I am submitting my two-week notice to resign my position with the City of Orono. I am resigning *o accept a position with the City of Minneapolis. My final day with the City of Orono will be November 5,2002. 1 would like to take this opportunity to thank you and the City for what has been a wonderful experience since 1 began employment in May, 1998. Sincerely, Paul Weinberger J A RESOLUTION OF APPRECIATION TO PAUL WEINBERGER FOR DEDICATED SERVICE TO THE CITY OF ORONO RESOLUTION NO. 4879 WHEREAS, Paul Weinberger has served the City of Orono as City Planner and Zoning Administrator for fow years; and WHEREAS, his years with the City have been marked by a commitment to service and a dedication to assisting property owners in planning successful development fxojects in compliance with the City’s Comprehensive Plan; and WHEREAS, Paul H’- earned the respect of those in his field as well as the friendship of his co-worken>; and WHEREAS, Paul is leaving the City to pursue further career opportunities. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono does hereby express its sincere appreciation to Paul Weinberger for his dedicated service to the City, and does highly commend him for the manner in which he has carried out his duties and responsibilities. BE IT FURTHER RESOLVED, that the City Council extends to Paul its best wishes for success in his future endeavors. Adopted by the City Council of Orono, Minnesota at a regular meeting held this 28th day of October, 2002. ATTEST: Linda S. Vee, Cit> Clerk Barbara A. Peterson, Mayor J REQUEST FOR COUNCIL ACTION • ~nNQ OCr 28 2002 CITV OF ORO^ DATE: October 25.2002 ITEM NO: -23 CITY OF ORONO *Check Detail Register®• • e 10/2V02 105SAM Page 1 ING 2^! ocr 2 fl 2002 ClIYUhOflONO Paid ci)M» 072819 1/28/2002 DEANOVIC, JAMES P A DEBORAH E 400-48700-489 Other MIscellaneoua Charges ($5,000.00) APP 2526 Total OEANOVIC, JAMES P S DEBORAH ($5.00^7 Void Check 72819 Paid ChM Q743C5 9/9/2002 TI E SION AOE E 101-452(XM01 Full-Time Employees Regular ($165 00) 11227 Void Check 74305 Total THE SION AGE ($165 00) Paic Chki 074552 10/14/2002 HENNEPIN COUNTY TR-PROP TAXES E 101-43290-800 Special Projects, Contingency $1,652.25 171172334000 2nd Half Tax-3770 Shoreline E 101-43290-600 Special Projects. Corrtingency $2,655.43 321182312000 2nd Half Tax-3580 Wayz Blvd E 1U1-43290-600 Special Projects. Contingency $106 58 321182321000 2nd Half Tax-Lurton Total HENNEPIN COUNTY TR-PROP TAXES $4,41426 Paid Chkf 074553 10H8/2002 DEPUTY REGISTRAR E 231-45650436 Towing Charges $1250 10/16A)2 Title -1993 hatley Davidson E 231-45650-436 Towing Charges $12.50 10/16/02 Title • 1967 Caravelle Total DEPUTY REGISTRAR $25 00 Paid Chkil 074554 10/28/2002 ALL STAR ELECTRIC E 101-42110-403 Repairs/Malnt.Mfsc Equip $66 66 5360 Fuse • GC Siren E 101-42110-403 Repairs/Maint-Misc Equip $60.06 5369 Check Siren - Wtr Pint E 101-41900-404 Repairs/Maint-Bldgs/Grounds $20513 5371 Repair Light - PO E 601-49400-405 Repairs/Maint-Watermains/plant $9545 5385 Rep GFI - Wtr Pint Total ALL STAR ELECTRIC $42T30 Paid Chk# 074555 10/28/2002 ANCHOR PAPER E 101-419CO-201 OfTtce supplies $48990 141346601 Copy Paper Total ANCHOR PAPER IM89 90 Paid Chkf 074556 10/28/2002 ARAMARK REFRESHMENT SERVICES € 101-41900-201 Office supplies $56 06 6013-280975 Coffee - CH f 101-41900-201 Office supplies $111.96 6013-280977 Coffee - PW Total ARAMARK REFRESHMENT SERVICES $1^02 Paid ChK* 674557 10/28/2002 ARNOLD S RYE PRINTING E 10141900-352 Printing & Publishing $4,073 29 5393 Fail 2002 Newsletter TeUI ARNOLD S RYE PRINTING $4,07329 PaidChhf 074568 10/28/2002 AT S T WIRELESS SERVICES E 602-49450-321 Telephone $5 58 3419397 Cell Phones E 101-41980-321 Telephone $26 90 3419397 Cell Phones E 601-49403-321 Telephone $5 57 3419397 Cell Phones Total AT ST WIRELESS SERVICES $38 05 Paid Chk# 074559 10^28/2002 BANYON DATA SYSTEMS E : 3143290-800 Special Proiects. Contingency $1,059.68 9618 Direct Deposit Module Total BANYON DATA SYSTEMS $1.059 68 Paid Chk# 074560 10^28/2002 BEAUCHENE MAILING E 1014190C-352 Printing & Publishing $337.14 r-Fall 2002 Newiletter Total BEAUCHENE MAIUNG $337 14 E 703-49960-378 OTHER INS RELATED EXPENS $122.48 91012000 Manhole Damaged Tir* CITY OF ORONO *Check Detail Register® 10/2SA)2 10:59 AM Page 2 OCTOBER 2002 Total BERO.JOHHL ^’aid Chki 074^ 10/28/2002 BPl Of MINNESOTA, INC E 101-45200-319 Other Professional Servioet $12246 E 101-45200-319 Other Professional Strvioes E 101-45200-319 Other Professional Services E 101-45200-319 Other Professionat Services E 101-41900-469 Other MtsoeRaneoas Charges E 613-49630-469 Other Miscellaneous Charges Total BFI OF MINNESOTA, INC $157.60 $76 90 $6575 $157.80 $204.88 $72.33 1307115 1307198 1307214 1307366 1307420 1307461 Waste Service-Bedeiwood Waste Service -Hackberry Waste Service E LL Road Waste Service - Lake Area Waste Service - CH Waste Sevioe • GC $737.46 0745^ IO/2S2O&2 "^F8 NK'.' E 101-45200-415 Other Equipment Rentals E 101-45200-415 Other Equipment Rentals E 101-45200-415 Other Equipment Rentals E 613-49630-415 Other Equipment Rentais E 101-45200-415 Other Equipment Rentals Total BIFFS INC. $140 52 $140.52 $140.52 $60.91 $346.56 W173466 W173467 W173466 W173469 W173470 Portable • BkJerwood Portable - Sumr^it Beach Portable - Hackberry Partable - GC Poftbie • Navarre Park $649.03 ^aid Chk« 074564 10/28/2002 BONESTROO ROSENE A ASSOC. E 101-43170-303 Engineerino-ReUinef E 101-43170-304 Engineering-Cortsulting E 101-43170-304 Engineering-Consulting E 101-43170-304 Engineertng-ConsuRing E 101-43170-304 Engineering-Consulting E 101-43170-304 Engineering-Cortsulting O 613-16500 Fixed Asset-Const, in progress E 651-49910-304 Engineering-Consulting E 651-49910-304 Engineering-Consulting E 101-43280-304 Engineering-Consulting E 651-49910-304 Engineering-Consulting E 602-49450-304 Er>gineering-Consulting G 602-16500 Pixed Asset-Const in progress E 651-49910-304 Engxiaering-Consulting E 402-48030-304 Engineering-Consulting E 225-45215-304 Engineering-Consulting E 101-43170-304 Engineering-Consulting Total BONESTROOROSENESASSOC. $100.00 $136.00 $366 00 $136.00 $187.71 $1,601.50 $3,329.00 $614.00 $612.00 $5,502.76 $306 00 $99.35 $1,660.00 $405 62 $404.50 $7,609.06 _$9^00 $23.58’9.70 91132 91132 91132 91132 91132 91132 91132 91132 91132 91132 91132 91133 91134 91135 91136 91137 91136 Council Mtgs Aug 2002 Eagerness Pt Rd(Maniey) Shrine Review Kelleyu Parkway Casco R Rd Bank Stabilization Aug Other Expense Hwy 12/OCB Rd Wetland Oeliniat GC Remodiing Cost Estimate Swmp Final Draft Storm Pond SB-15 WeUand Del Applications Aug 2002 Caroline Ave Drainage Pond Hentage Dr San Swr SCADA 1 Highland Storm Swr Co Rd 19 Sidewalk Hackberry Park imp Sub Area Transp Study Review P«W Chki 0745M l6/28/2002 BOMS. SCOTT E 10M21KM02 Rtpairs/Maint.Auto Equip Total BOmS, SCOTT $6 00 10/11/02 AntlFreoza-Accura Paid Chki 074566 10A28/2002 BRYAN ROCK PRODUCTS INC. E 10M3000-224 Straol Maint Matarials/Supply $5,475 98 6246 Total BRYAN ROCK PRODUCTS INC. 3/4 Minus Limestone $5.47596 Paid Chk# 074567 10/26/2002 BUDGET PRiNTINO E 10M2110-201 Office supplies E 601-49400-321 Telephone TottI BUDGET PRINDNO $196 07 23436 $7 67 23462 Property Inv Forms UPS • MN Dept of Health $205 94 Paid ChW 074566 10/26/2002 BUFFALO BITUIMNOUS INC. E 101-43000-406 Contracted Street Maint $59.964 97 947799 G 602-16500 Fixed Asset-Const in progrosa $2.946 63 947799 Total BUFFALO BmjSNNOUS INC. 2002 Paving Wlltow Dr/Firt Statton-SiM $62,911 60 L. CITY OF ORONO *Check Detail Register® 10/25A)2 10:59 AM Page 3 OCTOBER 2002 Check Amt 074569 KV28/2002 BUSINESS FORMS S ACCOUNTING E 101-41900-201 Office supplies $396.79 30066 Comment Total BUSINESS FORMS SACCOUNTINO Payroll Checks $396.79 Paw Chk* 074570 1008/2002 CAROIU.8AL7 E 601-49400-216 Chemicals arul Chem Products ToUl CAR3ILLSALT $2,238.16 559605 $2,238.16 Solar Salt Paid Chk# 074571 10/28/2002 CITY OF ST. PAUL E 101-42110-437 Training 6 Development $165.00 757.M Street Safe Tmg - Famiok Total CITY OF ST. PAUL $165.00 ^aid 6)MI 074572 10/280002 CITYOFWAYZATA E 601-49400-367 Intergovernmental Services $3,211.04 Wtr3A}2 Purch Watar - 3rd Otr 2002 Total CfTYOf WAY2ATA $3,211.04 Paid Chk# 074573 10/26/2002 CITYVIEW PLUMBING A HEATING E 101-42110^02 Repairs/Maint-Auto Equip $115.39 21783 Men's Room • PD Total CrrWIEWPLUMBINO* HEATING $115.39 Paid Chk# 074574 10080002 CORMCK. JAMES E 101-42110-402 Repairs/Maint-Auto Equip $530.36 10/14A)2 Fuel Pump - Sqd 185 E 101-42110-437 Training A Development $169.50 10/14A)2 Sex Crimes Conference E 101-42110-437 Training & Development $1000 10/14/02 Gas - Driving School Total CORNICK. JAMES $709 86 Paid Chk# 074575 10/26/2002 CRYSTEEL E 101-43000-221 Equipment Parts & Accessories $90.66 FI07692 Plow/Grill Kite Total CRYSTEEL $90.86 Paid 6hk# 074576 10080002 CULUOAN E 613-49630-403 Repairs/Makit-Misc. Equip $68.36 101-09083676-SottanarSarvica Total CULUGAN $68 36 Paid Chk# 074577 10080002 OAHLORENSHAROLOWSUBAN E 101*43280*304 EnQinaofing-Consuttng $29 94 23513 Dahlatrom - 02-2789 Total DAHLOftENSHAROLOWAUBAN $29 94 Paid Chki 074578 10080002 OCA-WIRE ONLY O 101-21719DCA/Spending Accounts $777.99 10/15rt)2 Spending Accounts 10/15 Total DCA-WIRE ONLY $777.99 Paid ChM 0745>9 10080002 debaere ,d 6n E 101-43000-226 Clothing & personal equipment $100.00 10/17/02 Work Boots ToUl DEBAEREaDON $100 00 Paid dhk# 074560 10/26/2002 DELTA DENTAL 0 101-15998Norr-Empioyee Health Ins $211 20 0037220072 Dental -11/2002 O 101-21709Dental Insurance $1,204.90 0037220072 DenUI-11/2002 Total DELTA DENTAL $1,416 10 Paid 6hMI 074581 10/26/2002 DEMBOUSKlaJAY E 101-42110-437 Training A Development $20.49 KV17/02 Bagels. Juice-lst Responder Total DEMBOUSKlaJAY $20.49 Paid ChBl 6U^10080002 DEPUTY REOISTIUR E 101-42110-441 Licenses A Taaes $9 50 Aocun UotnM Tabs - 90 Accura CITY OF ORONO *Check Detail Register® 10/25/02 10 59 AM Page 4 Total DEPUTY RCOISTRAfl OCTOBER 2002 Check Amt Involc# Comment $9.50 PaMChki 074583 10/28/2002 BOBO'S E ICi-41410^39 Meeting Expenses Total DOBO'S Paid ChMP 074584 10/28/2002 OOOOE, RACHEL E 101-41900-201 Office supplies Total OOOOE. RACHEL $374.44 4529 $374.44 Lunches-Primary Election $12 80 10/11/02 Cleaning Supplies $12.80 Paid Chk* 074585 10/28/2002 E-Z RECVCUNO E 101-43270-316 Contract Recycling Pickup Tout E-ZRECYCUNO $6,317.64 4318 Recycling • 10^002 $6,317.64 PaidChk* 074586 10/28/2002 EARL F. ANDERSON • ASSOC! E 101-43000-224 Street MainL Materiala/Supply $94.21 50340 Total EARL F ANDERSON B ASSOC. Street Signs $94.2t Paid Chki 074587 10/28/2002 EOAN-MCKAY ELECTRICAL CONTRCTR E 101-42110-403 RepaIrsMaint-Misc. Equip $686.25 JC3008056 Navarre Siren Repair Total EOAN-MCKAY ELECTRICAL CONTRCTR $686.25 Paid ChM 074588 10/28/2002 EMERGENCY AUTOMOTIVE TECH INC E 101-42110402 Repalrs/Mainl-/MJto Equip Total EMERGENCY AUTOMOTIVE TECH INC $176.50 13064 $176.50 Teardown #184 Paid (!:hiclll 0745^9 lAi28a002 ERICKSON, KURT E 101-42110437Training & Development $338.04 CM1Sex Crimes Conference Total ERICKSON, KURT $336 04 PaktChk# 074590 10/28/2002 FARN10K, CORREY E 101-42110437Training 6 Developmefit $31.00 10/10A32 Meals - Training Total FARNiOK, CORREY $31.00 Paid Ch<(« 074591 10/28/2002 FORTIS BENEFITS G 101-21712 Other Deductions $993 56 4019625-1 LTD - November 2002 Total FORTIS BENEFITS $993 56 PailChk# 074592 10/28/2002 OSKSERVICES E 101-47000226Clothing & personal equipment $62 06 354914 Uniforms E 602-49450-226Clothing 6 personal equipment $2661 354914 Uniforms E 613-49630-226Clothing & personal equipment $7 68 354915 Uniforms - Steffenhagen E 601-49400-226Clothing 6 personal equipment $14.43 354916 Uniform • Rathbun E 101-43000-404Repairs/Maint-Bldgs/Orounds $9285 354917 Mat Service E 10141900404RepairsTMaint-Bldgs/Grounds $5066 354918 Mat Service - CM E 10142110404Repairs/Maint-Bldgs/Grounds $6261 354919 Mat Service -PD E 101-41900-404Repairs/Maint-Bldgs/Grounds $50 66 354920 Mat Service - CC E 101-43000-226Clothing S personal equipment $65 29 361657 Uniforms E 10143000-221Equipment Parts A Accessories $51.34 361657 Shop Toerels E 60249450-226Clothing 6 personal equipment $27.99 361857 Uniforms E 61349830-226Clothing & personal equipment $7.68 361656 Uniform • Steffenhagen E 60149400-226Clothing A personal equipment $1443 361659 Uniform - Rathbun E 10143000-226Clothing A personal equipment $62.06 366694 Uniforma E 60249450-226Clothing A personal equipment $26 61 366694 Uniforms E 61349830-226Clothing A personal equipment $7.66 366695 Uniform - Steffenhagen E 60149400-226Clothing A personal equipment $14.43 366696 Uniform • Rathbun iMiMBM cmroFOf *'No *Check Detail Registei® 10/2SA12 10 59 AM Pages Total OftKSERVICES F^aM 6hMl 074593 10/2^/^2 0000,8TEPHANY E 101-42110^:>7 Training & Doveloprnant E 101-42110-437 Training S Devalopment E 101-42110-437 Training S Dawalopmant Total 0000, STEPHANY OCTOBER a002 Chock Amt Irwolca Commant $665.87 $76.00 10/14A32 $225.00 10/14A)2 ($290.00) 10/14AI2 M02:s lACP Conf Registration FBINotattanded $11 00 Paw ChW 074594 10(26/2002 GOPHER STATE ONE-CALL E 601-49400-469 Other Miscallanoous Charges E 602-49450-489 Other Misoallaneous Charges Total GOPHER STATE ONE-CALL '$99^ $49 80 2090615 $49 60 2090615 Locates 9/2002 Locates 9/2002 PaW Chk# 074595 10/28/2002 HENNEPIN C04)P SEED EXCHANGE E 101 -43000-221 Equipment Parts A Accessories T'-'. 05 30329 Total HENNEPIN COOP SEED EXCHANGE in rOS Propane ^aWChk# 074596 10/26/2002 HENNEPIN COUNTY INFOR TECH OPT E 101-419(X>-329 Other Communications $747 8 22097177 Data Base Access 9/02 Total HENNEPIN COUNTY INFOR TECH DPT $74 78 PaW Chk* 074597 10/20/2002 HENNEPIN COUNTY SHERIFF E101-41600-309 Jail Charges $165 60 1-136-212 Booking Fees 9/02 Total HENNEPIN COUNTY SHERIFF $165.60 PaW Chk* 074598 10/28/2002 HENNEPIN COUNTY TR-TAX PYR SRV E 101-41410-221 Equipment Parts & Accessories $65.76 Orono Election Suppnes Total HENNEPIN COUNTY TR-TAX PYR SRV $6576 Paid Chk# 074599 10/20/2002 HENNEPIN COUNTY TREASURER-GEN E 101-41600-309 Jail Charges JL524.00^ 000741 Room & Board 9/2002 Total HENNEPIN COUNTY TREASURER-GEN $1.524 00 PaW Chk* 074600 10/28/2602 HERC-U-UFT E 101-43(XX>-221 Equipment Parts 6 Accessories $145 88 01P7240760 Hoses - Flan Mower Total HERC-U-LIFT $145.88 PaidChldi 074601 10/26^7002 HINSHAW # CULBERTSON E 101 <43260-307 Legal-Consulting $1.29066 10254927 Applications July 2002 E 101-41600-307 Legal-Coi>sulting $64 00 10254926 Ed Miller Matter E 101-41600-307 Legal-Consulting $396 00 10254926 FMLA Issues E 101-41600-307 Legal-Consulting $1.939 70 10254928 Hollander Hazardous BWg E 101-41600-305 Legal-Retamer $1.300 00 10254930 Counal Mtgs July 2002 Total HINSHAWS CULBERTSON $5.010 36 PaW Chk* 074602 10/28/2002 HYDRO SUPPLY CO. E 601-49400-227 Utility System Maint Supplies $106 16 22066 Meter Setters E 601-49400-227 Utility System MaWt Supplies $444 64 22153 Meter Setters E 601-49400-227 Utility System Main!. Supplies ($216 32) 22186 Return - defective Tout HYDRO SUPPLY CO.$336 66 PaW Chk* 074603 10/28/2002 WON OFFICE SOLUTIONS E 101-41900-201 Office supplies $37.36 2366129A Staple Cartridges Total WON OFFICE SOLUTIONS $37.36 Paw Chk* 074604 10/28/^ KENNETH N. POTTS. PA E 231-45650-307 Lagal^^onsuKng $257900 10/10/02 2001 Ford fbrfieture I CITY OF ORONO *Check Detail Registei® 10/2S/02 10:59 AM Page 6 Paid Chk# 074605 10/28/2002 LAKESHORE WEEKLY NEWS E 101-41000-352 Printing & Publishing $126.00 24980 Tout li^ESHOKE WEEKLY NEWS S126.IM Adv for Emp-CS Assistant Paid Chki 074606 10/28/2002 LONG LAKE POWER EQUIPMENT E 613-49830-221 Equ^nnent Parts A Accessories $30 03 40214 E 613-49830-221 Equipment Parts 8 Accessories ($26 77) 40226 Total LONG LAKE POWER EQUIPMENT $3 26 Garb Kit-GC Return l»ald Chk« 074607 10/28/2002 MACQUEEN EQUIPMENT E 101-43000-221 Equipment Parts A Accessories $48.07 2026515 Total MACQUEEN EQUIPMENT $48 07 Gauge -Water Temp Paid Chki 074608 10/28/2002 MAGIC CLEANERS E 101-42110-221 Equipment Parts A Accessories Total MAGIC CLEANERS $10 97 13839 $10 97 Blanket Cleaning Paid Chki 074609 10/28/2002 MC GINTY, KEVIN JAMES E 101-43290-800 Special Pro)ects. Contingency Total MCGINTY. KEVIN JAMES $21000 10/3A:2 $210.00 Fire Consulting Services PaidChk# 074610 10/28/2002 MEDIC A O 101 -21706 Hospitaliaation/Medicai Ins O 101-15998 Non-Employee Health Ins O 101 -21706 Hospitalization/Madicai Ins 0 101-21706 Hospitaliiation/Medical Ins 0101-15998 Non-Employee Health Ins Totel MEDICA $9.454 09 $1.529 37 $1.978 83 $8.126 24 $2.32384 $23.412 37 102305102552 Medica High • 11/02 102305102552 Medica High -11/02 102305122585 Medica Low -11/02 102305125488 Medica Elect -11/02 102305125488 Medica Elect • 11/02 Paid 6M(« 11 10/^8/2002 MET COUNCIL ENVIRONMENTAL SVCS E 602-494S0-383 MWCC-Currcnt Charges $29.^7.30 74S619 Total MET COUNOL ENVIRONMENTAL SVCS S29.737 30 l>aid Chic# 6^4^12 10/28/2002 MIOWEST ASPHALT Wastewater -10/02 E 101-43000-224 Street Mainl. Malerlalt/Supply Total MIOWEST ASPHALT $127 59 $127 59 70603MB Hand Patch Paid Chki 074613 10/20/2002 MIOWEST FUELS O 101-14101Gasoline Inventory $1.895 60 94111 1354 Gals • Unleaded Total MIOWEST FUELS $1.895 60 Paid Chki 074614 10/20/2002 MN COUNTY ATTORNEYS ASSOC. E 101-42110-201 Office supplies $76 68 10/21/02 Foflbiture Forms ToUl MN COUNTY ATTORNEYS ASSOC.$76 68 PaidChk# 07401S 10/200002 MN OEPT OF REVENUE R 101-34603Police Reports $26 00 9/2002 Sales Tax 9/2002 O 101-20006Due to Govts-State Sales Tax $28 00 9/2002 Sales Tax 9/2002 R 101-39010 Miscellaneous Revenue $2900 9/2002 Sales Tax 9/2002 0613-20000Due to Govts-State Sales Tax $1.519 00 9/2002 Saies Tax 9/2002 R 101-34210General Taxable Sales/Service $20 00 9/2002 Sales Tax 9/2002 ToUl MN DEPT OF REVENUE $1.622 00 \k§ 074616 10/28/2002 MN STATE TREMURER R 101-39610 Miscellaneous Revenue ($188 68) 9/2002 AdmFee 9/02 CITY OF ORONO *Check Detail Register® 10/25A)2 10 59 AM Page 7 OCTOBER 2002 O 10^-20002 Due to govts-State Total MN STATE TREASURER Checli Amt tnwlca Comment 04.721.88 9/2002 State Surcharge 9/02 $4333'26 Paid Chki 074617 10/28/2002 NCPERS GROUP LIFE INS O 101-21710 Life Insurance Total NCPERS GROUP LIFE INS $240 00 67321102 $240 00 PERA Life 11/02 Paid Chki 074618 10/28/2002 NORUNO*S E 415-48930-511 Land Improvements E 101-41000-404 RepairsA4aint-DldgsA»rounds Total NORLING S $4.520 00 17701 ^7 24 17701 $5.127 24 Landscape-Orono Ambar Silt Fence PW Paid Chki 074619 10/28/2002 0*SULUVAN8 AUTO REPAIR E 101-42110-402 Repairs/Maint-Auto Equip E 101-42110-402 RepairsAlamt-Auto Equip E 101-42110-402 Repairs/Maint-Auto Equip E 101-42110-402 Repairs/Maint-Auto Equip Total O'SULLIVANS AUTO REPAIR $442 00 9/30/02 $500 00 900/02 $500 00 9/3002 $500 00 9/3002 $1.94200 Carwashes Carwashes Car Washes Car Washes Paid Chki 074620 10080002 OFFICE DEPOT E 101-41900-201 Office supplies E10M2110-201 Office supplies E 101-42110-201 Office supplies Totol OFFICE DEPOT $102 24 182442052-00 Office Supplies $124 94 182442052-00 Office Supplies $149 09 183416665-00 80 Gig Hard Drive $37627 Paid 074621 10/28/2002 OMAN, LYLE E 101-42400-331 Travel Eripenses E 101-42400-331 Travel Eripenses E 101-42400-331 Travel E)q)enses E 101 -42400-331 Travel Expenses E 101-42400-331 Travel Expenses E 101-42400-331 Travel Expenses Total OMAN, LYLE $36 57 $31 39 $3967 $27 25 $27 94 $45 54 $208 36 082102 090302 090302 091102 092402 101802 Mileage Reimbursement Mileage Reimbursement Mileage Reimbursement Mileage Reimbursement Mileage Reimbursement Mileage Reimbursement Paid Chki 074622 10/28/2002 PIRTEK E IOt-43000-221 Equipment Parts A Accessories Tout PIRTEK $7452 $7452 19778 Hose - Elgin Sweeper Paid Chki 074623 10/28/2002 PRECISION TURF E 613-49830-223 Bldg/Orounds Mairtt Supplies Total PRECISION TURF $693 07 $69307 20216 Fungidde Paid Chki 074624 10/28/2002 PRUDENTIAL LIFE INSURANCE O 101-15998 Non-Employee Health Ins $25 85 G 101-21710 Life Insurance $89 70 O 101-21710 Ufa Insurance $644 75 ToUl PRUDENTIAL LIFE INSURANCE $760 30 10/2002 10/2002 10/2002 Life Insurance 10/2002 Life Insurance 10/2002 Life Insurance 10/2002 Paid Chki 074625 10/28/2002 RELIANT ENERGY • GC E 613-49830-381 Gas A Electric Total RELIANT ENERGY. GC $5100 $51 bo 539004161700 Oas Service - GC Paid dhki 074026 10/280002 RICKS tUPERVALUE E 101-42110-437 Training A Development Total RICKS SUPERVALUE W35 $4a35 10/10A)2 Water. Soda - Police Tming Paid Chki 074627 10/28/2002 8CHWABBINC