Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
09-24-2001 Council Packet
AGENDA FOR COUNCIL MEETING SET FOR MONDAY, SEPTEMBER 24,2001,7:00 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 Jr. Approve/Amend ^IRE STATION COMMITTEE UPDATE PUBLIC HEARING - 7:00 P.M. 2. Coffee Channel Snowmobile Access SEP 2 4 2001 cmroF ofWr.j -^APPROVAL OF MINUTES • 3. Regular Council Meeting of September 10,2001 ^ PARK COM.MISSION CO\LMENTS - Debora Halvorson, Representative ^ PLANNING COMMISSION COMMENTS - Sandy Smith, Representative LMCD REPORT > Lili McMillan PUBLIC COMMENTS • (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR’S REPORT #01-2692 ABC Supply Company, Inc., 450 Old Ciystal Bay Road Nortli - Conditional Use Permit - Resolution • 5. #01-2706 Richard and Jane Stark, 815 Partenwood Road - Variance Renewal - Resolution Jb: #01 -2708 Michael and Jeanie McClelland, 2170 Minnetonka Avenue - Variances - Resolution • 7. #01-2709 Richard R. Shull, 2285 French Lake Road - Variances • Resolution • 8. #01-2713 DianeaiidDouglasMer2,380TumhamRoad-After-lhe-Fact Variances-Resolution jy. #01-2715 John M. Bailey, 2807 Casco Point Road, Variances - Resolution • 10. #01-2717 Ted and Judy Spooner, 700 Tonkawa Road - After-ihe-Fact Variances - Resolution M.AYOR/COUNCIL REPORT ♦ 11. lOCP Proclamation PUBLIC SERVICE DIRECTOR’S REPORT CITY AD.MIMSTRATOR’S REPORT t 12. Housing Plan Language Clarification Public A ttendance Meeting D ate p C ouncil □ Planning Commission □ Park Commission □ Other Please Hixoirr the inforsution requested BELOW FOR OUR CITY RECORDS. PRESENT FOR (from agenda) NAME (please print) ADDRESS NAME OR NUMBER <-_____________________/y’^rt_______LL__2, 3. 4. 10^(7 ' / ct J' ’’' 7/: ; .’<-A A j 7/7 ^ |X 0 L LV »S ( 7. ft OCT /vy'" ' 2 f 0 0 O»^ l/y J-il} u 7 ) lA (.1 ^r- j/.^C h A /t}iy rC aV ■ JTi nr n\\r'r, Cji. ^, I,, c i:ixsi^ 'Z-V y^-i 4^ ^ fi. 4 - I i ^ * V 1 « < 3TT r . /V. c^:^ y /^- G./ . ' X 7/12._ 13.. 14. jQi<,i /"/ 9,^^ TX.^---<4______/T ‘/ ■S /I ’4t v/v-A ’ // At/ /Oj^ ri f, / . ^ .5.^^J52iI_ X> tMiUAjUMio . OMTiTOKMSM^^TT Public A ttendance Meeilnc Date ^ ___ ^Council □ Planning Commission • □ Park Commission □ Other Please HLLOirr THE INFORMATION requested BELOW FOR OUR CITY RECORDS. PRESENT FOR (from agenda) NAME (please print) ADDRESS NAME OR NUMBER I.. 2. Sh-^ura-rr{ LUity7cJ^ /|t AJ / 3. A4^i^l\v/I'^'c c' l.AKi‘^ f'^Q,r«<, P ^S ^ *y /[^rL^L /lAicM /tSirM^kt ^ s. V / A 5ul7Aj ^____^L-yyiT^ / 6. 7.. 8. kr^Ui. 9._ 10.. 11.. 13.. 14.. COUNCn SEP 2 4 2001 REQUEST FOR COUNCIL ACTION CITY OF ORONO DATE: September 20,2001 ITEM NO: 2 Dcparfntenl Approval: Name Ron Moonc Title City Administrator Administrator Reviewed:.\|*cnda Section: City Administrators Report Item Description: Public I Icaring-ColTee Channel Snowmobile Access In March of 2001. when the Hennepin County Water Patrol closed the CofTee Channel to snowmobiles due to unsafe ice conditions, a large number of snowmobilcrs began using the fifteen foot wide alleyway between the properties at 1998 and 2000 Shadywood Road. In response to concerns expressed by the owners of these properties regarding safely and noise, the City Council took action to close the alleyway to snowmobiles, and directed staff to explore solutions to the snowmobile access issue. The initial solution explored was the provision of a floating bridge to provide safe access through the CofTee Channel. When staft'pursued this alternative, it was found that a floating bridge was not feasible. Other possible options for addressing the snowmobile access issue ore as follows: -Purchase properly for a wider access lane. -Widen the channel and replace the bridge with one that accommodates snowmobile access, -close the channel to snowmobilcrs -Open the alleyway to snowmobilcrs -Close the allc) w,iy to snowmobilcrs, with the exception of use by the Water Patrol The Water Patrol has requested the ability to use the alleyway, like the alleyway to be open for snowmobiling. Some residents of the area w ould The DNR has indicated the 15 foot wide alleyway located directly adjacent to two homes is not a desirable snowmobile route. The DNR is open to working with the City to determine if the acquisition of propcrt>’ for a more w orkable land route is a feasible option. There may be funding available from the DNR to assist in implementing a solution. Hennepin County Transportation has indicated the current bridge on Shady^vood Road is structurally sound and no w-ork is planned on the bridge over the next five years. The reconstruction of the bridge to widen the channel, or to accommodate snowmobile access through the channel, would not coincide with any other needs related to the maintenance or replacement of the bridge. From stair s perspective, the alleyway is not a desirable snowmobile access alternative due to noise and safety concerns. However, the alleyway should be made available for use by the Water patrol. This could be accomplished by installing a gate across the alleyway, with a lock to which the Water Patrol has a key. The long term solution to the access issue will most likely involve the acquisition of land for a wider, less intrusive trail right-of-way, since the widening of the channel and the building of a new bridge to accommodate snowmobile access through the channel currently would be on a very long timeline. L Public Hearing The public hearing is an opportunity for the Council to receive public input prior to making a decision regarding the snowmobile access issue, including the use of the alleyw'ay between the properties at 1998 and 2000 Shady wood Road. COUNCIL ACTION REQUESTED: Motion regarding the use of the alleyway between the properties at 1998 and 2000 Shady wxhk I Road for snowmobile access, and motion to provide direction to staff regarding pursuing a long term solution to the snowmobile access issue. J September 24,2001 Honorable Mayor Peterson, Council Members, Greg Gappa, Police Chief Stephany Good City ofOrono 2750 Kelly Dr. Orono, MN 55356 These Petitions are in response to public hearing dated September 24, 2001 at 7:00 pm at Orono City Hall in regards to Orono lake access alley. Sincerely, Area Residents ^90 days for Safety” - m«i. n- J September 12» 2001 City of Orono 2750 Kelly Dr. Orono, MN 55356 This Petition is in response to public hearing dated September 24, 2001 at 7:00 pm at Orono City Hall in regards to Orono lake access alley, which has a long history of providing sate access to Crystal Bay. The access was made possible by a private donation to the public for a safe lake access over 80 years ago. This corridor is 200 feet to the south of Coffee Channel connecting county road 19 and Crystal Bay (across from Super America, by Lord Fletchers). Now two homeowners are requesting to have a donated Access Road Closed, even vacated We feel as a community that providing public safety is the greatest responsibiiitv of any public body. Orono has a strong history of providing public safety for all forms of public transportation and Recreation including automobiles, bicycles, horses, p^strians, snowmobiles, and boats. Prior to a long-term solution being establiashed we are asking or requesting to use this public property to provide the public with the safety needed in this area for safe winter recreation . The way to do this is to allow continued use of this alleyway or public right-of-way for all winter uses, except for automobiles. Piease keep our public access open as it has historical use and can provide long- term benefits for the citizens of Orono and surrounding communities. This public access road is a priceless asset to the city of Orono and its residents. We have to look at the future not just the present as this lake area is becoming more populated and the lake is being used more and more for recreational purposes every year. Please keep this access ooen for public use. Sincerely, Area Residents ^90 daV8 for Safety** December 15*-M»ch 15* 9-12-2001 Page #_ Petition to keen a Safe Public Access to Crystal Bay Signatarc Name, Addreti, City 1. otIfS' 'Stvulyeuirvci “ , /] , ] I ^ z• 3. / I SUJit\^L^Klc5rs kt^ 4. jLekUfun »/Wyu^.^x- no ________ •5. X .£^J^nrir/ ^^ 7. xlCV)^ U ILWii 1 AUufa :SK>zi^ '^UsTL aL a/j^ .^i'A k.‘^i<<S‘;r &I UjL lEr^ l£fr8. X 9. X MW ^lUtet/v; FkontH 6'f/-33iJ-^3aO ^71-^P i4£i^if£ ug^ ~?o3 / ui-"q7Hlfo .3 oq )'<!.✓ Iu'a.j’JI, Ai>A/5S^/ ‘^1\-09P,7 10. X 'R\'-?4i.x ! \Vv, ('-Ww \9^ ^ivi Sc/y^/o^><? V 'A •>) »V^.Va;-\'^w:. ■f^SiAA aSbSj* 'i|. ‘"V"" 12. ^/>tat^uag>6^ 3^^ ^7/ ~7S'o^^ 13. ^kru ^lAid.K^t'phii)^^ i^eM. 18. K)^/^ iS^inf. ^/t> Su^nSjt^ '^A- 9^J.U I6.l t|hii(}^ ^SPo... n.jJHCt— / • t. ^LJPitk Dl 702Z.I ^rJ ^')h/i^ 4 n-yro 20.x *“• I4-20C(1 04:0iP« fri«-C!T> OF uF0»»0 415Z24V461C T-C09 P 01*7018 F-423 / a hENNEPlM C( )UNTY SHERIFF'S OFFICE V/atcr Pattol U lit 4141 Shoralint Drive Spring Paik, MM 55>3ti4 Decembci1 r 2000 Fatri:;k D. 'yicGowaP, £>heriff Mayor Gafcc Jabbour Ciiv ofOicm: 2750 KcHcy l)i Orontt.MN 55356 Honorable Mayor Jabb'tur: warer anvl Mone Uiiii icj. Water Pairal Uiut nut .‘How ovr pci^ jmel to use the chamicl to travetse f.oni Coflec Co West Aral U) Crystal Eay du: to the danucous u>ud tions ~SSSESS~S-E~~^ i=~i”;55SSSSS5S-.. respond dirc» t'y d le u> the • :oncc C baniic as a b;.rncr The Coffee Channel has been a topi: of dii^iossion for sonve linio and all options to SO eniergcncy personnel can cross 6ic ateti safely. Over ihf I ist wn wiiiK t sea onv. Ih> Wal -i I'attol liis tevprndcJ lo dost tv fif > siio vmobilc / A-I^J Ltnl^Ste icc in ih.= Co-Tec Clunn.e!. In M.rth 1999. t very senon, whVre rs«wn..,bil< lut tVe senvv. II. Thr ope,r. or -vM very scnomly tni-n--1 >t>d »'»y died if a resident livin } next to the . Itannc laid not mteivencd. Hennepn C juih ecutJ opporiwoliy amployor ♦ Wi:4M8l8 ’f-Jtl P Olt/018 P-4« they won’t use the ohsunel siw. » Patrick Hennepj^irfiy Shcr.ff '• By; , ICcm^lW^- Schili in , ihcnff’*'* ^?X ' KRS/kh ShcHfTsWktcrPftwA • ...fr ^. ■t ■iitiii Mm mif lyatiiirtiiifaiiriii III tt^iiHili itilftiiiiif ifii Sqjtember 12,2001 City of Orono 2750 Kelly Dr. Orono, MN 553S6 This Petition is in response to public hearing dated September 24,2001 at 7:00 pm at Orono City Hall in regards to Orono lake access alley, wdiich has a long history of providing safe access to Crystal Bay. The access was made possible by a private donation to the public for a safe lake access over 80 years ago. This corridor is 200 feet to the south of Coffee Channel connecting county road 19 and Crystal Bay (across from Super America, by Lord Fletchers). Now two h requesting to have a donated Access Road Closed, even vacated. MS, We feel as a community that pravidin^ pubiic safety is the oreatest responsibility of any public body. Orono has a strong history of providing public safety for all forms of public transportation and Recreation including automobiles, bicycles, horses, pedestrians, snowmobiles, and boats. Prior to a long-term solution being establiashed we are asking or requesting to use this public property to provide the pubiic with the safety needed in this area^ safe winter recreation . The way to do this b to allow continued use of this alleyway or public right-of-way for all winter uses, except for automobiles. Please keen our public access open as it has historicaJ use and can provide long term benefits for the citizens of Orono and surrounding communities. This public access road is a priceless asset to the city of Orono and its residents. We have to look at the future not just the present as this lake area is becoming more populated and the lake is being used more and more for recreational purposes every year. access open for public use. Sincerely, Area Residents “90 ttovi for Safety^lS*-Mmii IS* September 24,2001 Honorable Mayor Peterson, Council Members, Greg Gappa, Police Chief Stephany Good City of Orono 2750 Kelly Dr. Orono. MN 55356 These Petitions are in response to public hearing dated September 24,2001 at 7:00 pm at Orono City Hall in regards to Orono lake access alley. Sincerely, Area Residents “90 days for Safety” is*-M«h is* J 9-12.2001 Page # Petition to keep a Safe Public Access ta Crystal Bav SigMtiirc Ntnie, Address, City 1. ^d' 2» Xyf J-^l 3-3- /3 iccwK - P <riaVuw ^ • 3. X^. ^Wc/Lr^^X> J^P_________ a.N^ o )OOdA 8. X 9. X M !sa AUd(o ,ShcuA^ ihlUJt Pkoac# v7/-f>^7y ^h'^Ll‘i2> ita-338-¥3uO ijy-^0 </l/--?02<-l <AlV-103/ ftwJ 4lfe«teo(U . tti-M7/-|X3o 3PQ AwI^^/qAA^ • I0.X IL\ U\«/\-..u.Vtv 'TXfl rtj,i.\ Scy«/oc^ /ast-Wxir-dw <J«> t^l.X k\ V\^./Aa ^t'■ i\______ /-|T| '• /ggC. •^^ec^>oo6^ 8^ HI I-7^0^ tg phijj,^ ^p/>^ f}JL. »18.K f^/ftvn5i4i>f- 2ur&jt^inn.S^Jh/^iSiuUt^j ^/- 9/Jl</ <4tf>.s«r / • /i V ?6A/ah[i)[UpjA? 7D2Z.I ^irKjiiAXjnrl ///.____^jLWa 9fr-/af*!> — X 9-I2-200I Petition to keen a Safe Public Access to Crystal Bay Signalurc Name, Address, City Phone a •I. X 2. X x|U,/<r7‘T 5. X'1-7 ^h)h Jlef4W.. _ W;»-H~)i-9<y-»°i _ 9X2 ¥7/-Jo7‘^ yC 3 X7f- a-ie^X _ 1LT.-^1SWC. h J/2e^ UyOoJ 7L.7?^^r> 7^3-PS^^^^t. ■ /^^inJil.r^.v^-T^ -941/ yS ^x>^7/-oy s/ I3.x^p35 h;yS Pi-______ ^St^£iLM]n ^Uuiisr ^/*<SteJcyf /^._________ 9S^Z-^7/-e^fi/ 19^ -{T^nert^rtyyr)^ Chvj'i V?>~ 9^/8” luo S/^u.^^A 963 - V// g ypv Jstfi__kt^—^------------- JnLiMjjiUi 18. x )(> JA-ihoif ________ fr'l'tli-l/ I 19. fL ly^ '^f> Tap Aa, {wvt^________ ?Si ^7/-6|»$> * S(eO0 ^ /O^fl ^ Cj^XAi_____ 9^^'ll'Q^^ M2-2001 Page U3 Petition to keep a Safe Public Access to Crystal Bav Plioac#Sigaatnrc Name, Address, City • 0/Ju^ cSitiyW (If. • 2. X________________ ___________________________________ 3. (Mf^ 2ftt l4f7tfjoc/ Id _____ i(l2-7Sr}(^ 4. ?//1 Tu/^^o jKto^d. 5. f /c/X^fA h'lZ'SlSU 6* x <A*^A a ^ »te;sEi7?*as /i^HST ^2,^40/-A) nnAPir/^eaijr / • 7. ^g;v\^/-n/-73l) 8. xCo>!^^Vx!^f:^ Sg^Z m>O^V^ 9. yM^ « ^)tegxS\o<^ -*?>4-^S3S ^7^-^55S „H»f CmkAi^—5«-A.^“711-oirc 12. 7f!(yi IksjMueAj^ftri %2-^;>r/K. ^ --------/id*’s 92^ Ad U m/t/HE CilnP: 7f.^ 4'i3 23?| 7 yClH (!.4c| ^ b ^t>99^ Sjf^e^uibbJ ^ °t9^)f£,-9s-ol J /U f^2- ^y-asre 14.x •16.x n^1 dflML| (jCz-934'^^ ^.jTiy ^1 ref (vAoo^ 2£l:_£3b^^* 9-I2-200I Page# ^ Petiiion to keep a Safe Public Access to Crystal Bav Nine, Addrcu, Cityvrfclyw) a/ Itto s4wI^ X J '1 y,y:> 4. X /2 . Ib ’io 9A^x ^>v Phone it ^•7f ST|-?S-5g 5. XTJuL^ d\rw^ j^At/)/(f'/O A/Lt ^7/ a 7VCt 6. xiW'v . //WO Ut^fLMJ fiyJ IjU)u':^jI,, 77/ 7. X 8. X Air •9. X n9<. •12.x gfc cW.-v^ Z?y / ‘.J (/ V ^^ucJy ^oad /?q/ » 3i’Y)(L^Ml/Uy a/ 6 7/ 7/ yy V7/-7g ’7;3 m. ^(oQ / ^n/w/rHi^rjL ~7^A/ f/ /o^>r L.^clf^ Loi /ggj~ t;^e(>‘-, icsd. sa*i^ ^^~2/u/ “*54 s>x^ j£2^_2212^ V'r7--9S'J I V72 - P53 / Ifii-OIML V4S!Ojf 9-i2>200l Page# S Petition to keen a Safe Public Access to Crystal Bov V PkoncM 3. X 4. Xr^i///4g s. NaMe,AddKfS,City /l).7 gov T<AU. kj.iioA/ cTA-d/iriir 9iz Kcv^^i fhjhpu^q In t y^/ ----------------- J 7 bO^pO (yno U n O ________ _____rStr ^3^-^6ti'-00Qi V>v<v\"T\\f>g tK V-Qt^Q^ ‘\ciSrH':B-dl><K' -Y’ ~cC7£Xt lo^l... t>K._______________ 11. >Ml\'bta/rYVi(AM i? cJ_______ WZ5^\(\ 12. x^^JhdU- 'rhik3^^ 9ix x^a.\6^ 14. y^hhjajta- OS>9r) 0„nueie/y Av<i-fjz- V?/ -y^je. '^If.K.'Siir> g\yJl^i»K lJ ISZ. jS7.f^i gjx^lxy-^^ l«.^5^l4y —g/W<^/v/.g ________ »Ja‘-yy>-raws« tqkda^C7Q>3^S)?4 f^ ' vLxJ^£^.^*M6 tK4-^i/r ^/LL/2I fAtimJ ^ 9-I2-200I Page# (g PetiHon to keep a Safe Public Access to Crystal Rav Phone USignatnre Name, Address, City 2- -------9SJ- 3. /Hztf 3 ^ (^oio\ \o\jcif^^/ ZSV4* ^.#|^-«|,f/,|.| ^^~2. ftetotrr ^>g/6> //6>rt «->i/\f.-A» <^yA- rm t»8T. 8. X ^^iep^W t»T> ^1/ d fAoa^ VA? - Jo> IJ fiOOMT y J^A-rr Sir¥)*/1^-Z VC<f ----■ . -----^ 0(jf Ss/^ \iiL/i^ T)l'l^iJ^ i02 sL,Lm,J /V^ 6:?£.i 13.izA\Aia.>y|^^j<fc«~. ^y/ o7^<=> *17.X c/ y.f/9 y/- 4 Ktj^ H\t,i(js^^ztir 5vi,~w» O ■f7^,j/.^c^ It01 rS60 «U1 IjnMA^ hU_____ ^hl-l‘iii Vv/- d'//^ f7l~<Cin tULl^Iiiif. 3fca(~I7^(v>p^ ii,)ai|i’<>TR M»>J • !«. Tf^dPA^ ^~7Z^ Pf tPuJrcJ^ W-xto^ (Lu/ X\'\Hil\t>Ji^t.iLl Ll \^'Xt^'^ujy(f Ati70 LyOlie,ffJ Aub 9-I2-200I Page# 7 1. X • 2. X 3. X 4. X 5. X 6. X 7. X Petition to keep a Safe Public Access to Crvsta! Bav Sigaaturc Name, Address, City Phone # l^/Z j/yj/f. .,_ ^ .. . f ,, n • [I V 8. 7 V '47. •ll.X ‘S^Voiouoc>x5 Eo . fv 5539/D<ka^1 ^ipArTSO^_________________ 12.x*x\i/\^ \r\. U3av^. ^ ^Uc^uibesd 16, X/fi^U^^^SueJ •I7.X— 18 19: ^ jgyw/ ^ fyr 55r/-J^ K 20.x C4^//>^cc " /^/9 /%■ <7' 9-I2-200I Page U ^ Peiition to keep a Safe Public Access to Crystal Bav Signature Name. Address, City ^■<?c7oMr Lo ■QJ VXVm-<-V Pboneii M 7 I lo7 irl~i3 -uiqq^ 8. ,x?rk~ {pCPit CM^M^uv U C/^iSL^ AA->^ Pil P)’<?r»,’ //(^T /Oor1^:<^^eat 9<$2'/P/^ ^3d 6u>J'l/drJ^V 9s S'-3J9V cOidJ.V>-/- S7»»/ _________________/■'97/^P7f U^JiSgg'tf,£s,j^C4-7ff/■5U’/C>^r 1 i .p^D^ |5"\bPx^1r^ mK>- 1 J<6 A)i ^jniKfV, 2sMtiS^y ' . ‘dlblUl i4.xjBjijau _________ Shij/'^z/tCV/ny/ ^t!f 16.x »17. ^ *g yp» 9 St^<oL</fic/ **• *—iJ/t^ ^2<?5~ gp **• !b MPt /H'O <»» A/_____ 20. X X?^//. k/ ^?/-jr2? ^7/- 77/y 9-12-200 1 Page ■ inPetition to k^pn a Safe Public Access to Crystal Bay Name, Addresi, City y tA • Signature i I. X ^ .SwnC 2. X S 3. }^Qj[^£yLCi( • 4. X Phaac# »*WiLOZi* 5. U'» ShrA^u.f't'A ^cL 6. i^. 1 (^Ui ^^3 </ S InJj K X)—U^7-^frhP79/’ 7. X 1 DLC/jL^ v_7Ly^ i'-s nft t?iirp (?^7Sn 3<>iZi> "Snjiuc^ier DZ.a^l^^AV-V<^^ IO*X^^/?A^^y 2- norlhfrn Pi(^HlZTf'io -----------r r-<-tT ^-1^.53 12. X vt\A^S>,;VvJl/tA^'^6bS (^ci ,/!M»vz#^Aa t-/7/-^69j9' ,3.,^2, tr——=:::— < U.x/'Jk,‘j //.//‘iO'bO Courfiy F Cf**c:^ Fh r-3/4'V 15.x ^.2.Mg /UCO^ ty - yr ^r-^y A^(b18. Xy^ tPQ><^:> ^T9-y ypaLg 19. X ^H v D m//^ LuyunJ^^ 20.x (/ticJ ZV</<2 9S 2.V7I -?7/^ ^<z-M7|-g^l) *7 > > .^J ^ 7ig.S -9y-6~(yY? <}g-^7?-753 *2 noise level of 78 dB at 50 feet, which translates to 96 db at 6 feel and 102 dB at 3 feet But machines come through in batches, gunning their engines, and the noise was amplified between houses only 25 feet apart. In our bathroom, it was so loud it seemed like the mirrors were going to fall off the walls. Machines came within seven feel of the head of our bed. It was truly horrific. The volume of traflic, as proven last February, would make snowmobile use in the fire lane imcompatibte with any reasonMe qmattty of life. We thank the City for temporally closing the lane at its March 12 meeting. It mu.st now be closed permanently. We have the right to be safe. Snowmobiles would make us prisoners in our own home. Last Febmary, I had to gel out of the way of one while just trying to walk around our house. I could sec the machine coming, but a grandchild might not. The City cannot permit a family to be exposed to such risk. Safety is an issue for snowmobilcrs as We could accidentally hit one while exiting our driveway. We oHcn have to wait several minutes for traflic to clear before we can exit onto HW 19. Cars whiz by on the passing lane. The grade up to the highway and snow drills make exiting on a snowmobile unacceptably hazardous. Do we have a right to privacy? One can stand in the fire lane and be only ten feet from our lakeside bedroom window. At the August 27 Council Meeting, we learned of a closed meeting on June 28 to discuss the feasibility of a floating bridge in Coffee Channel. From the public record, the fire lane by our hou.se was discu.s.scd repeatedly, and Ron Moorsc had to remind the participants we were not present to give our inpu.. Invited to the meeting wea* officials of Orono, Hennepin County, Spring Park, LMCD and two others. One, Bob Albertson is a neighbor, and the other. David Albertson, was not identified by address or telephone num jcr. Jay Nygard may also have been there as a citizen, since he is identified by his address aixl not as a Council member. It is interesting that these three were in the fire lane with a Channel 5 news crew on March 20. At the meeting. Bob Albertson made some important comments. He said the fire lane is the only option, but that fences for noise and speed bumps would be needed. .Moreover, the City should buy out the residents. Indeed, buying us out would be necessary, since the noise barriers would have to be built on the adjacent pn^rties. Jay Nygard said he doesn’t think kids should sled into the fire lane. Maybe they shouldn’t, but should we have to fear for the safety of grandchildren playing in our yard? This discussion, together with our experience last February, makes it imperative the lane be closed as long as the adjacent properties arc owned by residents. Chief Good said, *The issue is, should the privilege of rccreationaiists and incipoiisihle sports enthusiasts outweigh that of the residents?** The City, responsible for the well-being of its residents, must say n#. For our emotional health and physical well-being, the fire lane must be If it is not gated, we know from experience it would be used by hundreds upon hundreds of snowmobiles. As long as the adjacent properties are owned by reskfenls, the fire lane cannot be a part of the solution to the Coffee channel access p^em. We have invested our life savings to spend our retirement at this bcuitiful place. We ask the City to let us enjoy it as it has been enjoyed by my family for sixty years. Please consider our previous letters and pictures as contributions to this hearing. Thank you for hearing us. Roger and Lucille Kirchner 2000 Shadywood Road 952-471-9146 Councilman Nygard should recuse himself from voting on this issue of an apparent conflict of interest. JL- hi- ■/ I 2001 ri-. ' • - ^ O •/ uw.• CITY Or OrlOiVb' qITYv^i ~ - SEP 2 4 2001 CITY Ur unumj Mayor Barttara Peterson City of OrcNK) POBox66 Ciystal Bay Mn. 55323 Dear Barb Looking forward, my plans are to become a Rorida resident for the year 2002. There fore effective December 3 1 2001 1 wish to resign as a member of the Orono Ranning Conunission 1 have certainly enjoyed the eight plus years 1 have participated as a member of the Ranning Commission.. I feel we have a great group of dedicated members, a very professional staff, and a very supportive city council. 1 appreciate the opportunity to serve on the planning commission and will really miss being part of the whole process. Sincerely Dale Lindquist Cc Elizabeth Hawn Sandra Smith Dan Kluth Jaice Berg Bill Stoddard Jeanne Mabusth Michael Gaffron Paul Weinberger Wendy Bottenberg ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 10,2001 CCXJMCn ucmNQ SEP 2 4 2001 crrropoRCTjQ ROLL The Council met on the above-mentioned date with the following members present: Mayor Barbara Peterson, Couik U Members Jim >Vhite. Jav Nygard, Richard Flint, and Bob Sonseverc. Representing staff were Cit\ Administrator Ron Moorsc, City Attorney Tom Bairett, Planning Director Michael Gaffron, Zoning Administrator Paul Weinberger, Zoning Administrator Wendy Bonenberg. City Engineer Tom Kellogg, Public Serv ices Director Greg Gappa. and Recorder Alissa Wintemheimer. Council Member Sansevea* arrived at 7:05 p.m. Mayor Peterson called the meeting to order at 7:00 p.m. Mayor Peterson opened Public Hearings for Items 5,4100 Watertown Road; 6, 1855 Concordia Street; 7, 3477 Livingston Avenue; and 8, 1030 Old Crystal Bay Road at 7:02 p.ro. There was no one present other than the applicants who wanted to address the Council. Mayor Peterson closed the Public Hearings at 7:05 p.m. CONSENT AGENDA 1. Approve/Amend Item 2 was removed from the Con.sent Agenda. Items 5 and 6 were added to the Con.sent Agenda. Flint moved, and Sansevere seconded, to approve the eonsent agenda as amended. Vote; Ayes 5, Nays 0. APPROVAL OF MINUTES 2. Regular Council Meeting of August 27,2001 Flint stated that there was a typo on page 9 where it stales that White moved and White seconded to approve paymer* of the All Funds Account. He stated it should read that White moved and Flint seconded. White moved, and Sansevere seconded, to approve the Minutes of the Regular Council Meeting of August 27,2001 as amended. Vote: Ayes 5, Nays 0. I ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 10,2001 OATH OE OFFICE 3. Ronald Hendricks, Part>Time Police Oflicer Mayor Pclcrstin introduced Officer Hendricks. Moorse stated that Officer Hendricks has worked for Orono as a Community Service Officer and done on outstanding job. Moorse then delivered the Oath of OlTice to Officer Ronald Hendricks. Mayor Peterson asked him to introduce his family nK*mbers and thanked them for coming. PARK COM.MISSION COMMENTS—SIIEROKEE ILSE, REPRESENTATIVE Use staled that they had given a letter to Council for review that would be sent to French Creek neighbors to inform them that waterfowl nesting is down and they belie\e it is because of dogs running in the area. They also wanted to put a notice in the next newsletter reminding people that dogs are not allowed in the area. I he Commission requested Council consider setting up the ordinance to enable the City to receive I0°o of the net profits from pull-tab sales to be elTecti\e w hen a new lease is signed for the charitable gambling. Flint stated he felt it was giH>d to review the i.ssue now, but make it efTeclixe later. Use stated that they had reviewed the 14 lake access points and the rationale behind each designation. I hcy spent a great deal of time on Forest Fake Landing. They decided w ith u 4/3 vote to allow access to the lake and not designate it os a natural area. McDermott stated he favored making the access a natural area and restoring natural vegetation along the shoreline, such as cattails and lily pads. Use favored keeping it open os a water access, but possibly restoring vegetation along all but about 15* of the shoreline so that a small access remained open as a compromise. PLANNING COMMISSION CO.MMENTS—DAN KLl Til, REPRESENTATIVE kluth stated that the Commission had adopted a Consent Ageiula. modeled afier the Council's. Nygard stated he did not favor a Consent Agem ’a at the Planning Commission. Weinberger stated that the agenda is mode and sent out in advance, and the Consent .Agenda would onh be used for non-controversial items. Mayor Peterson stated she fa'.ored it. Barrett staled that each item must be open for public discussion. Kluth stated that the public is always polled for each item. Sanse\erc stated he did not want the Commission vsorking overly long meetings whenever avoidable. Kluth stated they spent a large amount of time drafiing the boat storage proposal that was before Council, trying to make it as palatable to as many people os possible. ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 10,2001 PUBLIC COMMENTS None. ZONING ADMINISTRATOR S REPORT 4. #01>2692 ABC Supply Company, Inc., 2765 West Wayzala Boulevard— Conditional Use Permit Weinberger slated that Myron Dahl, the ABC representath e. was not present. Ilera 4 was moved to the end of the Zoning Administrator's Report, after Item 9. *5. MOI-2698 Kim & John Puckett, 4100 Watertown Road—Variance/Conditional Use Permit—Resolution No. 4686 Flint moved, and Sansevere seconded, to adopt Resolution No. 4686 granting variances to Municipal Zoning Code Section 10.03, Subdivision 18(B) and Section 10.20, Subdivision 3(0) to permit the barn to be located 100* from the lot l\oe where 150* is required and a conditional use permit to permit the use of applicant*s property for the hoarding of horse.s and instruction in the riding of horses by a non> owner per Municipal Zoning Code Section 10.20, Subdivision 3(0) and (P). Vote: Ayes 5, Nays 0. *6. 801*2700 Vincent & Virginia Anderson, 1855 Concordia Street—Variances— Resolution No. 4687 Flint moved, and Sansevere seconded, to adopt Resolution No. 4687 granting variances to Municipal Zfming Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(LM2) to allow 49 s.f. (.53%) hardcover in the 0 - 75* setback area where 49 s.f. (.53%) exists and 0 s.f. (0%) is allowed to permit replacement of walkway and steps; Section 10.22, Subdivision 2 and Section 10.56, Subdivision I6(L)(2) to allow 6,060 s.f. (34 J5%) hardcover in the 751-250* setback area where 6,060 s.f. (34.35%) exbts and 4,410 s.f. (25%) is allowed to permit replacement of walkw ays, decks and to enlarge the deck on the north side of the residence. Vote; Ayes 5, Nays 0. 7. 801-2701 Mark & Cecilia Schulte, 3477 Livingston Avenue—Varianct Resolution No. 4688 The applicants were present. 1 ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 10,2001 7. MI-2701 Mark A CecUia Schulte, 3477 Livingston Avenut Resolution No. 460B—Continued A'ariance— Weinberger stated that the applicants requested a variance to permit construction of a 16* X 26* detached garage to be located 5’ from a side property line where a 10* setback is required. They would remove on existing carport. They chose the location because it was the best situated for the garage. The Planning Commission and staff recommended approval. Nygord asked if the garage could have been located anywhere else to reduce hardcover through a shorter driveway. Weinberger stated that they require a 10* separation between buildings and the proposed location meets that standard. ^liitc moved, and Nygard seconded, to adopt Resolution No. 4688 granting variances to Municipal Zoning Code Section 10.03, Subdivision 15(F) to permit a 5* side setback for an accessory building where a 10* setback b required. Vote: Ayes 5, Nays 0. 8. 801-2703 Orono Baseball Association, 1030 Old Cry stal Bay Road- Use Permit—Resolution No. 4689 L'onditional Clarkson Lindlcy of 1588 Homestead Trail, Medina, a member of the Board of Directors of the Orono Baseball Asstxriation was present. Weinberger stated that the Orono Baseball Association had submitted an application for a conditional use permit requesting approval for construction of a third baseball field at the Lee Carlson Fields Complex. The new field would be larger than the existing two and intended for high school use. The piece of the property where the new field would be constructed is owned by the Orono School District and requires a CUP. The access road would lead to a 48 stall parking area and would include a turnaround with a 65* radius that meets all fire and safety requirements. Pedestrian access would include a sidewalk adjacent to the new parking area and provide access to a iuture troll extension along County Rood 6. providing a link to the cast. The trail connection would not be constructed by the Orono Baseball Association due to lock of funds. The easement for the trail would be obtained at this time for a future co.tnection. There arc no lights proposed for the field. It would only be used os a daytime playing area. The seating area would allow for 288 people at the new field, which is based on the 48 parking spaces. ininiittifiiiiiftf ii ft 11 I r ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 10,2001 8. ttOi-2703 OroHo Basebaii Association, lOJO Old Crystal Bay Road—Conditional Use Permit—Resolution So. 4689—Continued Mr. Lindlcy slated dial the youth soccer league would also use the field. They will be able to play in Uie outfields. So the fields will be used in both the spring and fall seasons by over 1000 resident children. The turf of the new field is being engineered for athletic use. lie stated there is a natural ravine between the baseball fields and the middle school, which he wants to clean up and enhance as a wildlife habitat. While asked about the e.xpcnse. Lindlcy .stated it w^s costing S225.000 - $250,000. including the driveway access. The Ba.seball Association is using revenue from pull-tabs at Billy's Lighthouse. The season-long play turf is more expensive to engineer. Flint asked about the Willow View trail. Weinberger staled it ends south of the ravine outside of the baseball area. Lindlcy slated they plan to con.stmct their proposed trail connection up to the last 2”. then let someone else blacktop it. Flint suggested they work with the County and City to see the trail complctixl so that they are not hiring tw o sets of engineers, construction teams. Lindlcy also stated iliat llie storage facility would be used by Orono soccer and football teams os well as baseball. Sansevere movcil, and While seconded, lo adopt Resolution No. 4689 approving a Conditional Use Permit for the construction of a netv baseball field and granting variances to Municipal Zoning Code Section 10.50, Subdivision 5 lo permit partial use of Lot 3, Block 1 for outside storage use. Vole: Ayes 5, Nays 0. 9. Storage of Boats on Residential Property —Ordinance 206,2"** Series GaflVon slated that before Council was a draft Ordinance amendment regarding storage of boat.*j on residential property. I'hc Planning Commission re\ iewed the Ordinance based on comments received at a Public Hearing. StalTreviewed the issue and presented a recommendation that diflered slightly from the Planning Commission ’s. The Planning Commission recommended that the ordinance incorporate the following concepts: All boats stored outside must be licensed to the property owncr/occupont and must be operable, or under active restoration for up lo 2 years. Site must have a principal residence in order to store boats. Maximum dimensions of boats allow ed lo be stored outside arc 44’ long and 13.5* high. ORONO cm' COUNCIL MEETING MONDAY, SEPTEMBER 10.2001 9, Storage of Boats on Residential Property—Ordinance 206^ 2^ Series—Continued ■ No screening is required for boats allowed to be stored outside. ■ Such K)ais may be stored to the side or rear of the residence and at least 10’ from lot lines. ■ Boats up to 20’ long may be stored in the dri\ eway in street yard of non-Iakeshore lots as long as they meet 10’ setback from lot lines, during JuneJuly-August. ■ Boats may be stored in lakeshore yard as long as they don’t block neighbors’ views of the lake. ■ Some sort of a Dispute Resolution Committee is suggested, and there should be some guidelines for who is eligible to make complaints about stored boats. Comments received at the Public Hearing suggested that many people currently store boats on their property that are non-conforming and people felt the ordinance was too restrictive. They also felt olT-site storage costs would be in effect an extra tax. A majority of people were against requiring screening. Tliere was a strong sentiment that neighbors should work out any issues without the City’s involvement. Stall recommendexi the follow ing: ■ A maximum length of 30’ without screening, which is a 50*/o increase over the current standard. ■ A grandfatlier clause allowing K>ats over 30’ that ha\ e been sti>red on a site in the pa.st 24 months to remain, but new boats or new property owners would be expected to conform. ■ No screening required for outside storage, but white shrink-wrap is preferred but not required. ■ Boats must be stored at least 5’ from lot lines and must be at least 15’ from any neighboring residence structure. ■ Tor lakeshore lots bt>ats ina> be stored in lakeshore yard os long os they don’t significantly impact a neighbor’s view s of the lake. ■ for non-Iakeshore lots boats may be stored in side yard and rear yard mcx'ting boat .setback requirements, and boats up to 20’ long may be stored in a front yard dri\ eway mcreting setback requirements during the months of May-September. ■ Licensing, operability/restoration. and principal residence guidelines i per Planning Commission recommendation. ■ Complaints regarding a boat stored in the lakeshore yard and impacting a neighbor’s views of the lake will be refenei to a dispute resolution committee consisting of the Planning Director, the Building Ofllcial. and a member of the Planning & Zoning Department staff. Gaffron stated staff had not included any requirements as to who could or could not complain in neir recommendation, such os: the person complaining must be directly affected by tliat which they are complaining about. So a person living 2 miles from a boat OKONO CIT\' COUNCIL MEKTIM; .MONDAY, SEPTEMBER 10,2001 9. Stonge of Boats on Residential Property—Ordinance 206, T* Series-—Continued stored in sight of passers-by could not complain. He suggested Council might consider such a proposal. Council was handed a copy of Minnetonka's ordinance, which dtK*s include a statement about who can complain. 1 Ic stated that the ordinance before them reflected stafl's recommendations, not the Planning Commission's. Sansex ere stated that he felt any citizen has a right to complain about a situation, lie was in favor of the grandfathering clau.se and approved a more lenient ordinance. Flint stated he wus interested in the Minnetonka ordinance, but was not ready to adopt such a restriction. Overall, he preferred flexibility and letting citizens police each other. I le approved of the suifl' recommendations. Sonsevere stated he is concerned that a boat too big to trailer could be improperly blocked and topple, injuring someone or damaging property. GalTron stated that there are no requirements regarding blocking, but the City could require blocks be inspected. Rich Anderson of 3205 Crystal Bay Road stated that usually the ma.ximum size of a trnilcred boat is 27’. lie owns North Shore Marina and stated even he would not approve someone ’s blocking becau.se the ground changes with the spring thaw and .something secure in winter could fail in the spring. Gar>' Welsh of 1214 Wildhurst Trail stated that boat owners would typically be caraful about blocking their boats because of the expense of the boat. Sansevere stated there was no ready answer to the safety concern. Flint suggested they research other cities' solutions. Nygard stated that white shrink-wrap is detrimental to boats because it docs not encourage the snow to melt. He felt the maximum boat size allowed should be 36'. lie did not agree with the grandfathering clause, and felt that boats over 36 ’ should be considered on a case by case basis depending on the owner's lot size, neighbors, etc. He also did not agree with having separate standards for lakeshore and non-lakeshorc lots. Nygard stated that yard setbacks arc for pennanent structures and if a boat is hidden from sight os much os possible, the setback shouldn't matter. 3\Tiite stated he liked the 36' maximum length, and approved of the grandfathering clause. He took issue with the setback requirement because of the irregular lot sizes. He also liked the dispute resolution committee, and would like to consider Minnetonka's ordinance in the future. WTiitc also stated the staff hod done an excellent job. ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 10, 2001 9, Storage of Boats on Residential Properly—Ordinance 206,2^ Series—Continued Mayor Peterson stated she was disappointed they hod spent so much time on the issue. She did not have a preference on the maximum size or color of covering. She felt there was no feasible way to screen boats with fences or trees. She also liked the grandfathering clause. Rich Anderson of 3205 Cry stal Bay Road staled he uses white shrink-wrap in his marina because it is more appealing and he has seen no difference in how the snow melts off of boats. Jim Ty«ni of 1295 Flmwood and Curt Quady of Box 127. Crystal Bay both agreed that white tarps are not available in stores. Only commercial shritik-wrap comes in white, so they opposed requiring white covers. Mayor Peterson also stated she did not think it possible to require a 10* setback bccau.se of the lot sizes. She loo approved of the dispute resolution committee. Mayor Peterson questioned giving the ordinance a trial period of 12 - 18 months to sec what works and what does not. Flint recommended the new ordinance not have a sunset clause bccau.se then the issue would come back before Council at tlie end of the trial period. Sansevcrc sugge.sted any boat over 30 ’ could require a special pemiit and the lees a>uld go to the Parks Commission. Council took a poll regarding amendments to the stalTproposed ordinance. White put forth each amendment to the Council. WTiite proposed, for the purpose of surv eying Council, amending the ordinance to allow for a 36* boat length. White, yes. Nygard. yes. Peterson, no. Flint, no. Sansevere, no. White proposed leaving the screening requirements as written in the ordinance. All. yes. White proposed leaving the grandfathering clause. While, yes. Nygard.no. Peterson, yes. Flint, yes. Sansevere. yes. ^\'hite proposed allowing a 0 ’ setback from the lot line. Sansevere asked the audience if anyone would have a problem with the 0* setback requirement. ORONO cm' COUNCIL MEETINC MONDAY, SEPTEMBER 10,2001 9. Storage of Boats on Residential Property'—Ordinance 206,2^ Series—Continued Elizabeth Reese of 2703 Wallerb Port Lane stated her neighbor stored his boat just outside her living room window and did not approve of a 0* setback. Mike LeQuay of North Shore Drive stated lot lines arc not well defined and he would prefer a 5 ’ setback so people are sure to keep their boats on their property. Gary' Welsh of 1214 Wildhurst Trail stated he favored a 0’ setback because he stores his boat between his garage and fence, within 5 ’ of his lot line. Jane Clemmons of 2690 Caroline Avenue suggested they trust the citizens to use common sense and the resolutions committee to solve diflerenccs. Brian Rasmussen of 1186 Wildhurst Trail asked why the setback mattered with a non- permanent structure. Sansevere stated 5 ’ is a very short distance. Nygard asked why anyone should be violating an ordinance if he or she and their neighbors prefc a k>cation nc.xt to the lot line. Mayor Peterson stated it would be a non-issue if the neighbor's don't mind. Flint and Sansevere agreed it was better to liave a standard of a 5' setback. GafTron stated he did nt)l want people storing their boats over the lot line White proposed allowing a 5' setback from the lot line with at least 15' from the neighbor's house. WTiite, no. Nygard. no. Peterson, yes. Flint, yes. San.scvere. yes. GalTron asked if they want to change the standard for utility trailers as well to the same 5 ’ and 15' requirements. White, yes. Nygard.no. Peterson, yes. Flint, yes. Sansevere. yes. Steve Gowdy of 3750 Casco Avenue asked if trailered boats would still be allowed in driveways only from May - September. White proposed that trailered boats be allowed in driveways year round. All. yes. White moved, and Flint seconded, to approve the ordinance as presented by staff w ith the following conditions: that the maximum length of a boat stored on-site should be 30% the grandfathering clause should remain, there should be no screening with vegetation or fences required, white covers and shrink-wrap should be suggested but not required, boats should be placed at least 5* from the lot line and 15’ from a neighbor’s home, and trailered boats should be allowed in driveways year round as long as they do not impact a neighbor’s view of tbe lake. 1 ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 10, 2001 9. Sfarage of Boats on Residential Property—Ordinance 206, i** Series—Continued Vole: Ayes 5, Nays 0. 4. MII-2692 ABC Supply* Company, Inc., 2765 West Wayzata Boulevard— Conditional Use Permit—Continued Mayor Peterson moved, and Sansevere seconded, to table Item 4 to their September 24'^ Council meeting. Vole: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT The Counril commended sialTfor iheir hard work. PUBLIC SERVICE DIRECI OR*S REPORT None. City Administrutor*s Report and City AttorneyVs Report appear after Licenucs. II. LICENSES Special Event I. Applicant: Event: Location: Dale: Time: Luke Couniiy Builders, Inc. Remodelers Showcase 2601 West Lafayette Road Octobers. 6. 7. 2001 Friday. 1:00 p.m. - 7:00 p.m. Saturday and Sunday. 12:00 p.m. - 5:00 p.m. Moorsc slated that the concern was about the availability of off-site parking for the showcase because the road is too narrow for street parking. Tlie applicants suggested using the Nacarre public parking lot with a shuttle service. The applicant stated that the western suburbs don't get as much trafllc os the Edina area. He expected 8-10 cars would be present at any one time. They would put no parking signs along County Road 19 and Lafayettr Road. Wlien the driveway is full, they proposed directing people to the Navarre loL They would keep a van at both the lot and ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 10,2001 *12. BILLS Flint moved, and Sanscvcrc seconded, to approve payment of the All Funds Account. Vote; Ayes 5, Nays 0. ADJOURNMENT The meeting was adjourned at 9:35 p.m. ATTEST: Linda S. Vcc. City Clerk Barbara Peterson, Mayor -igi^ 4a00 ^ 4400 0 4000 Q 3«*T “’g 3200 g 2TO0 p 2400 Q 2000 m j SSo J L *> City of Orono, Minnesota Street Numbering Index 3-» north AC;F.NDA for council meeting set for MONDAY, SEPTEMBER 24.2MI. 7:00 P.M. ORONO COUNCIL CHAMBERS. 2780 KELLEY PARKWAY. ORONO. MINNESOTA (*) Asterisk items are considered to be nHiime items to be enacted upon by one motion by the City C outki I under the Consent Item* on the agenda. Memos regarding each of the Agenda items arc asailable in the Public Packet • located on the counter near the sign in sheet. ROLL CALL ascPTlNQ SEP 2 4 2001 CITY Ok 'Huivvj aacrtsa kscs. tf=sji a asMc.«. •V. SUM MM Sf»t r.lfM rta (.•« M am t. Nt< wsiAAI^M* M*. ir.iMt iM CONSENT AGENDA I. Approve/Amend FIRE STATION COMMITTEE UPDATE PUBLIC HEARING - 7:00 ?M. 2 CofTee Chaimel Snouinobile Awess APPROVAL OF MINUTES • 3. Regular Council Meeting of September 10.2001 PARK CO.MMISSION COMMENTS • Debora Halvorson. RepresenuUve PLANNING CO.MMISSION CO.SLMENTS • Sandy Smith. RepresentativT LMCD REPORT • Lili McMillan PUBLIC COMMENTS • (Limit S Miauln Per Person) ZONING AD.MINISTRATOR'S REPORT 4. a0l-26V2 ARC Supply Com|>an>, Inc .450 Old Crystal Da) Road North-Conditional Use Permit • Resolution • 3. aOI-2706 Richard and iaiK Stark. 815 Partenuood Road • Variance Renewal - Resolution 6. iOI-2708 Michael and Jeanie McClelland. 2170 Minnetonka Avenue • Variances - Resolution • 7. #01-2709 Richard R. Shull, 2285 French Lake Road - Vananccs • Resolution • 8. #01-2713 DianeandDouglasMerz. 380 Tumham Road* After-the-Fact Variances-Resolution 9. #01-2715 John M Dailey. 2807 Casco Point Road. VariarKcs - Resolution • 10. #01-2717 Ted and Judy Spooner. 700 Tonkawa Road • AAcr-the-Fact VariaiKcs - Resolution MAYOR/COUNCIL REPORT II lOCP Proclamation PUBLIC SERVICE DIRECTOR’S REPORT CITY ADMINISTRATOR’S REPORT 12. Housing Plan Language Claxirication AGENDA FOR COUNCIL MEETING SET FOR .MONDAY. SEPTE.MBER 24.2001,7:00 P..M ORO.NO COUNCIL CHAMBERS. 2780 KELLEY PARKW AY. ORONO. .MINNESOTA 13. Long Lake Fire Services Budget Adjustmern 14. Long Lake Fire Department Fire Tanker Expenditure and Budget Adjustment 15. Long Lake Fire Station Owner’s Representative cm' ATTORNEY’S REPORT • 16. LICENSES • 17. BILLS ADJOURN.MENT UPCO.MI.NG ISSUES AND EVENTS 2001 0*^ '^1 ^ JaiK* C’leiiions 26M0 Caroline Avc. Orono Monday Scplcmber !0'\ I attended the council meeting to hear the discussion regarding boat storage. Tlie Mayor asked if any oik * wanted to speak and I rose to make a conuiient, alter hearing several remarks from the council. My comment was tliat I didn't believe that Uk * couiwil gave the citizens of Orono enough credit to do what was riglu and consider their iK*iglrbors. A conuneiU from a council member was made back to me that they knew we liad a problem with our neiglibor and I responded that our troubles were caused by the city. I am speaking this evening because the a*sponse from the council was laugliter. I want you to know there lias been nothing at all funny about what we have been e.xperiencing the last fiitecn niontiis. 1 appreciate the call ofapology' from Mr. Nygard but it docs little to put my mind at ease. We have been tlirealened, lauglied at, and told it would have to be settled in court and the responses by some members of the city stall'are very troubling. At one of the many council meetings the Mayor made the statement that the city does not play favorites. Now I know what other citizens mean when they say the council just doesn’t get it or they just don t care. I really believe tliat it is time for the Orono council to get it and start curing. Tlie law suits, I know of four, in just the last few years, should be a warning sign but I guess tlie council just doesn't gel it. 1 lK*re is absolutely no consistency in how some membet^ of the city stall'apply the ordinances. I could give you any number of illustrations from just a few homes close to ours but I'm here to tell you 1 don’t intend to be insulted, lauglied at or lied to any longer. We liavc sustained substantial damage to our home because we were ignored. When all is said and done our expenses could run over $20,000.00. . If our city government structure is such dial you do not liave the ability or authority to inquire into the actions of city stall then in my opinion it is higli lime you consider some changes. 'Ilie council approved a variance for the property ne.xt door for 36 square feet of additional hard cover. In my estimation there has been possibly several hundred square feet of liard cover added in addition to the 36 and Mr. Oman told us that Mr. Weinberger approved of this and he w as sure the council would approve it because it was a gray area. Just a week or so ago there was anotlier violation but even though city staff said it was illegal it will be allowed according to Mr. Oman. I have begged some of the council members to visit our home so they could visually sec the violations that sonic city stalT members have allowed. These actions have caused us great expense, grief and turned our life upside down for the past 15 montlis. I wouW also like to express my coiKem regarding the council overturning decisions made by the planning commission. When the council interviewed candidates for the planning commission you asked if they were willing to visit tlic site for which a variance is requested. Can you tell the citizens of Orono that the council before making a decision to reverse a decision by the planning commission that you visit the site. I wish couiKil members had visited us. I made specific pleas for a site visit and to my knowledge there were none. My parents immigrated to the United States to live in a democracy. Growing up my parents instilled upon their cliildren that to protect democracy there has to be respect. Respect for one another and yourself and especially respect for the law. They told us that a disregard for the law could cause chaos and chaos threatens democracy. What I learned glowing up and what I see happening in Orono, in my opinion, this is not democi^y at its best. Citizens have a riglit to expect that ordinances will be complied to with consistency and not at the will of staff members. Madam Mayor and council we ai^ living in fear and I really don’t believe you get it yet. I guess like the staff member said we will tove to settle this in court How much more will that add to the cost considering attorney fees, time for staff to testify etc. I want you to know 1 appreciate any positive actions that have been taken on our behalf but I wish they had been acted on earlier. Tliank you for your time and to the citizens we apolo^ze for any additional expenses we cause in your taxes. Unfortunately it’s the citizens that pay the cost for the numerous lawsuits the city experiences. Applicatioa Date: 60 Day Deadliae: 6/19/01 10/17/01 REQl'EST FOR COl NCIL ACTION coowrtj McrnNO SEP 2 4 2001 CITY OF ORONO DATE: September 4.2001 ITEM NO.: ^ Dcpartmeal Approval: Name Paul Weinberger Title Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Hem Descripfiun: Zoning District Lbt of Exhibits «0l-2692 ABC Supply Compans. Inc. 2765 WeM Wa>rata Boulevard Conditional L sc Pennit • Outside Storage I. Industrial A Site Plan B Resolution C Planning Report (August 13.2001) Application Summary ABC Supply'Co.. Inc. has been leasing the VCI Capital Building since March, 2000. ABC Supply is a wholcsalcr/vvarchouser of building and construction .supplies, including roofing materiais, siding and windows, as well as other smaller supplies that are for sale to contractors. Wholesale and warehouse businc^sses aa* listed as "permitted uses'* in the I. Industrial district. I he wholesaling operation permits ABC to receive and deliver materials in bulk amounts to and from vendors and contractors off-site. No individual retail is permitted in the Industrial district. ABC's cuirent use of the property is consistent with the intent of the Comprehensive Plan and Zoning Ordinance. Please review Exhibit H a list of permitted and conditional uses in the district. ABC is requesting a conditional use permit to permit permanent "outside storage" of stock materials on tlie propeity. They have been storing materials on the site since moving to the property. The warehouse is used w hen possible, how ever w hen the amount of stock excce'ds the storage capabilities of the w arehouse certain items are stored outside. This is primarily the case i.n the Spring and early Summer when there is excessive stock on hand for the upcoming construction .sea.son. Some materials are delivered and are stored outside the building when it is anticipated the items will only be on-site for a few days before delivery. #01-2692 ABC Supply Company, Inc. 2765 West Wayiata Boulevard Paye 2 of 3 _________________ Outside Storage Area The Municipal Code does not have a criteria that specifically defines permanent or temporary outside storage. Some cities allow temporary outside storage for a period not e.xcccding a defined time limit, usually 72 hours. Some of the materials tliat are delivered to the ABC site are not warehoused indoors. Those items are stored in a large area, approximately 24,000 s.f. in si/e. located on the south side of the building. Most of the stock o- eked two pallets high in the outside storage area. The Conditional Use Pennit/lndustrial district standards require the applicant provide screening to buffer the storage area and activity associated w ith the outside storage area. The property is located adjacent to resideniially zoned property across Old Cry stal Bay Road. Other lots located around the site are located in the I, Industrial District. Tlie properties most visually exposed to this use arc the properties w est of Old Crystal Bay Road. The screening of the open storage area shall be screened by a fence or wall not less than five feet in height and not less than 50% opaque. Lots arc also required to be landscaped with trees, shrubs or planted ground cover. Such landscaping shall conform w ith a plan acceptable by the City. Planning Commission Recommendation Planning Commission voted 7 to 0 to recommend approval of the request to permit outside storage of excess sUK'k south of the property. 1 . Activity related to outside storage shall be limited to the hours specified by ABC as llieir regular business hours. 2. All parking related In the operation of the business shall be limited to the areas designated on the plan and approved by the City of Orono. Parking areas are required to be a hard, all-weather, durable, dust-free surface material. 3. Light sources must not be visible beyond the property boundaries. 4. Conditions shall be placed on the limits of activity that occurs during non-business hours, including deliveries, transporting materials on site and parking of business related vehicles. 5. Screening shall include an elevated berm with evergreen plantings on and around the berm with the intent to protect the residential properties located west of Old Cry stal Bay Road, a final landscaping plan shall be submitted for review prior to the Council Action. Final landscaping plan shall include 8 evergreen trees on the berm and 8 hardwood trees. Evergreens can be substituted for hardwoods, but no hardwoods can be substituted for evergreens. 6. All noise generated by the operation of the business shall not exceed the allowed noise levels as set by the City of Orono Noise Ordinance. #01-2692 ABC Supply Company. Inc. 2765 West Wayzata Boulevard Paae3of3 ____________ COUNCIL ACTION REQUESTED Motion to adopt the attached resolution approving the conditional use permit to allow outside storage for ABC Supply Company. Inc. The resolution includes conditions under which the operation will be allowed. A RESOLI TION APPROVING A CONDITIONAL I SE PERMIT PER SECTION 10.50, Sl’BDIVISION 3 FILE NO. «0l-2692 WHEREAS, ABC Supply Company. Inc. (hereinafter "the applicant") has leased the property and building located at 450 Old Crystal Bay Road North for use as a wholesaler of construction materials, and VCI Capital. Inc. is owrner (hereinafter **thc owner”) of the property located within the City of Orono (hereinafter "the City") and legally described as follows: Lot 2, Block I. Van Dale Addition and Lot 3. Block 1 Van Dale Addition. Hennepin County. Minnesota (hereinafter "the properties"); and WHEREAS, after due published notice and mailed notice in accordance with Ml.uicsola Statutes and the City of Orono Zoning and Planning CoJ»*«. the Orono Planning Commission held a public hearing on July 16, 2001. at which limes all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicant has applied for a conditional use permit per Municipal Zoning Code Section 10.50. Subdivison 3 to pemiit partial use of Lot 3, Block I for outside storage use. Minnesota: 1. 2. 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono. FINDINGS This application was reviewed as Zoning File ?0 1-2692. The property is located in the I. Industrial District. llie Orono Planning Commission reviewed this application on July 16. 2001 and August 20. 2001 and recommended approval by of vote of 7 to 0 to permit a portion of Lot 3, Block 1 to be used for outside storage based on the following findings: A. ABC Supply is a wholesaler/warehouser of building and consutiction supplies, incitaling roofmg materials, siding and windows, as well as other smaller supplies that are for sale to contractors. Page 1 of7 c. D. E. W'holesale and wTirchousc businesses are listed as “permitted uses” in the I. Industrial district. The wholesaling operation permits ABC to receive and deliver materials in bulk amounts to and from vendors and contractors off-site. No individual retail is permined in the Industrial district. ABC Supply has been storing materials on the site since mo\ ing to the property in 2000. The warehouse is used when possible; howe>er when the amount of stock exceeds the storage capabilities of the warehouse, certain items are stored outside. This is primarily the case in the Spring and early Summer when there is excessive slock on hand for the upcoming construction season. Some materials arc dcli\ered and are stored outside the building when it is anticipated the items will only be on-site for a few days before deliver). The Conditional Use PermiiIndustrial disliict standards require the applicant provide screening to buffer the storage area and activity as.sociated with the outside storage area. The property is located adjacent to residentially zoned property across Old Crystal Bay Road. Other lots located around the site are located in the I. Industrial District. The properties most visually exposed to this use arc the properties west of Old Crvstal Bay Road. City Code requires the screening • the open storage area shall be screened by a fence or wall not less ihan five feet in height and not less that. 50 ”/o opaque. Lots are also rcq«.‘rcd to be landscaped wiili uxes. shrubs or planted ground cover. Such L.tdscaping shall conform wit^ a plan acceptable by the City. The actual outside storage area is 24.000 s.f. which would be used os a shared storage and employee parking area The stock is stored two pallets high at an average height of 6 to 8 feet off the ground. Page 2 of 7 H. A landscaping plan has been submitted that has designated an area west of the outside storage location to construct a 6' high berm with trees planted on and around the berm to screen the storage area from direct view to the adjacent residential properties and Old Cr>stal Bay Road. 4. The City Council finds that titc conditions e.xisting on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the conditional use permit would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit to Municipal Zoning Code Section 10.50. Subdivision 3 to permit partial use of Lot 3, Block I for outside storage use. subject to the following conditions; 1 . Property shall be developed as shown on the approved site plan attached hereto as Exhibit A. 2. Activity related to outside storage shall be limited to tlte hours specified by ABC as their regular business hours of: Summer hours:00 a.m. to 5:00 p.m. 7:00 a.m. to Noon Closed Monday through Friday Saturday Sunday Winter hours;8:00 a.m. tu 4:30 p.m. Closed Monday through Friday Saturday and Sunday All parking related to the operation of the business shall be limited to the areas designated on the plan and approved by the City of Orono. Parking areas are Page 3 of 7 required to bo a hard, all-weather, durable, dust-free surface material. 4. Light sources must not be visible beyond the property boundaries. 5. No parking of vehicles shall be allowed in the entrance to the property or within the 26* driveway on the property. 6. Screening shall include an elevated berm with evergreen plantings on and around the berm with the intent to protect the residential properties located west of Old Crystal Bay Road. Final landscaping plan shall include 8 evergreen trees on the berm and 8 hardwood trees. Evergreens can be substituted for hardwoods, but no hardwoods can be substituted for evergreens. All screening improvements including grading, landscaping and fence construction shall be completed by October 31, 2001 or approvals granted by this conditional use permit will cease. 7. All noise generated by the operation of the business shall not e.\cecd the allowed noise levels as set by the City of Orono Noise Ordinance. 8. Authorities granted by this conditional use permit run with the property not with the applicants, but are permissive only and mu:U be exercised by completion of paving and striping of all parking areas within one year of the date of Council approval, or this conditional use permit will expire on that dale (September 24, 2002). 9. Violation of or non-compliance with any of the terms and conditions of this conditional use permit ^all constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 10. I'he undersigned owner and applicant have read, understand and hereby agree to the terms of this resolution and on belialf of themselves. Uieir heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Page 4 of7 Adopted by the Cit>' Council of the City of Orono. Minnesota at a regular meeting held on the 24ih day of September. 2001. ATTEST: Linda S. Vcc. City Clerk Barbara A. Petersc.^ ivlayor Property Owner (Representative of VCI Capital) Applicant (Representative of ABC Supply) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of September. 2001 by Barbara A. Peterson and Linda S. Vev\ Mayor and City Clerk of the City of Orono. a Minnesota municipal corporation and said instrument wu.. .xecuted on behalf of the City. Notary Public Page 5 of? ^—.A. STATE Or MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this _day of said county, personally appeared . 20 __before me a Nolaiy Public within and for known to me to be the person(s) described in and who executed the foregoing insuiiment, and acknowledged that hetthey) executed the same as his (their) free act and deed. Notary Public S I ATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this _day of said county, personally appeared before me a Notar>' Public within and for known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he(Uiey) executed the same as his (their) free act and deed. Notary Public Page 6 of? AppliratkM Date: Deadliac: 6/19/01 10/17/01 TO;Chai.' Haun mu Jruno Planning Commission Members Ron Moorsc, City Administrator FROM: DATE; SUBJECT; Paul Weinberger. Zoning Administrator/Planner August n r*K)l #01-2692 ABC Supply Company, Inc. 2765 West Wayzata Boulevard Outdoor Storage Conditional Use Permit Zoning District: Usi of Exhibits I, Industrial A Revised Site Plan B Planning Commission Minutes (July 16.2001) C Planning Report (July II, 2001) Kcvieiv of Request ABC Supply Co., Inc, has been leasing the VCl Capital Building since March 2000. .ABC Supply is a whoIesalerAvarehouser of building and con:>lructiun supplies, including rooFtiig nuiierials, siding and windows, as well us other smaller supplies that are fur sake to contractors. Wholesale and v arehouse businesses are listed as “permitted uses** in the I, Industrial district. Hie wholesaling operation permits .ABC to receive and deliver materials in bulk amounts to and from vendors and contractors ofl-site. No individual retail is permitted in the Industrial district. ABC*s cutrent use of the property is consistent with the intent of the Comprehensive Plan and Zoning Ordinance. Please review Exhibit II a list of permitted and conditional uses in the district. ABC is requesting a conditional use permit to permit permanent “outside storage** of stock materials on the property They have been storing materials on tlu: site since moving to the property. Ihe warehouse is used vv hen pi^ssible. how ever vv hen the amount of stock exceeds the storage capabilities of the warehouse certain items are stored outside. This is primarily the case in the Spring and early Summer when there is excessive stock on hand for the upcoming construction season. Some materials are delivered and are stored outside the building when it is anticipated the items will only he on-site for a few days before delivery. Outside Storage Area •01-3692 ABCCo.Ik 450 0taCr>M^Ba)aoid t3UOI PifcloO \ The .Municipal Code docs not have a criteria that specifically defines permanent or temporary outside storage. Some cities allow temporary outside storage for a period not exceeding a defined time limit, usually 72 hours. Some of the materials that are delivered to the ABC site are not warehoused indoors. Those items arc stored in a large area, appro.ximately 24.000 s.f. in size, 1 cated on the south side of the building. Most of the stock is stacked tw o pallets high in the outside storage area. •4*61 The Conditional Use Pemiit/Induslrial district standards require the applicant provide screening to buffer the storage area and activity associated with the outside storage area. The property is located adjacent to residentially zoned properly across Old Ciy stal Bay Road. Other lots located around the site are located in the 1, Industrial District. The primar>’ screening that is exposed to residential or public property are the properties west of Old Ciy stal Bay Road. The screening of the open storage area shall be screened by a fence or vv-all not less than five feet in height and not less than 50% opaque. Lots arc also required to be landscaped with trees, shrubs or planted ground cover. Such landscaping shall conform with a plan acceptable by the City. Planning Commission Recommendation The Planning Commission tabled the application on July 1 6 recommending the following details be addressed with the original plan; 1 . Designate an area for delivery trucks fur overnight parking. 2. Provide an employee parking area and screening. 3. Provide plans indicating location of a raised berm and tree planting area. ABC will be installing two signs to be posted north of the deliver) entrance that state “No Overnight Truck Parking". The locations of the signs are show n on the site plan. ABC has also notified their \endors that overnight deliver) parking would be located around to the east side of the building. The new plans have indicated a berm and planting area to be located between the proposed outdoor slorage/parking area and Old Crystal Bay Road. The bemt height should be a minimum of a six foot height w iih planting above and around the berm. Six fot^t trees for screening purposes have t) pically been planted above berms. The parking area is show n to be relocatea west of the outside storage area, meeting the required 75' setback. Parking stalls are required to be 20' in length however they are only showing a 25' wide paved surface. Adding additional space to the parking area would have an encroachment into the front setback. 5' is not an adequate backing and maneuvering area for vehicles. Parking areas are not permitted within required setbacks on the property. Required setbacks for the subject property arc as follows: 75' from Old Crystal Bay Road 10' from the side or rear property lines Options for Planning Commission Action A.Recommend approval. A recommendation of approval shall include conditions that would protect the surrounding properties and uses from the activities that would be related to outside storage I. Activity related to outside storage shall be limited to the hours specified by ABC as •OI-2M2 ABC Suppl) Co . Inc 4500ldCr>tUllU>IUMd |/7(V0I Pa|c2of3 4 B. C. their regular business hours. All parking related to the operation of the business shall be limited to the a^eas designated on the plan and approved by the City of Orono. Parking areas .vc required to be a hard, all-weather, durable, dust-free surface material. 3. 4. Light sources must not be visible beyond the property boundries. Conditions shall be placed on the limits of activity that occurs during non-business hours, including deliveries, transporting materials on site and parking of business related vehicles. Screening shall include an elevated berm with evergreen plantings on and around the berm with the intent to protect the residential properties located west of Old Ciy'stal Bay Road, a final landscaping plan shall be submitted for review prior to the Council Action. Final landscaping plan shall include 8 evergreen trees on the berm and 8 hardwood trees. Evergreens can be substituted for hardwoods, but no hardwoods can be substituted for evergreens. All noise generated by the operation of the business shall not e.xcced the allowed noise levels as set by tlie City of Orono Noise Ordinance. Any other conditions os the Planning Commission feels necessary to protect the public safety and health from noise, smoke, to.xic or no.xious matter, odors, vibration and glare. Recommend denial, stating rcasoas. Table. Other action. •01-3692 AfiCSuppI) Co . Inc 4500ldCottalB«yRoail l/2(V0t Ptfciof) c «p ^ f A f ^ A ® a«ta Ommm •mft u MINUTES OF THE ORONO PLAiNNLNG COMMISSION MEETING Monday, July 16,2001 (^01-2694 Bay^iind Christian Church, Continued) Heckel expressed his appreciation for the patience and fairness the Planning Commission and City have shown the church representatives in vvorking with their applications. («7) «01-2696 ABC SUPPLY COMPANY, INC. 2765 WAYZATA BOULEVARD, Vi CONDITIONAL USE PERMIT, 8:59 p.m. - 9:38 p.m. Myron Dahl. Manager of ABC Supply Company, Don Jeziorski, Lessee for ABC Supply Company, and Steve White, property owner, were present. The Certificate of Mailing and Affidavit of Publication were noted. W einberger explained that ABC Supply has been leasing the VCI Capital building since March of 2000. ABC Supply is a wholesaler and warehouser of building and construction supplies including roofing, w indows, and siding sold e.xclusively to contractors. Wliolesalc and warehouse businesses are permitted uses in the Industrial district. ABC has been using a portion of their yard for outside storage and such storage is only allowed as a conditional use in the Industrial district. ABC also leases the north 125’ of the lot to the south and is proposed to be used under the conditional use permit for outside storage. The conditional use permit would allow’ ABC permanent outside storage of stock materials. Orono’s zoning code does not define permanent or temporary outside storage. Staff has discussed w ith ABC how the outside storage is handled. Often ABC receives materials at night or early in the morning, then will unload the trucks, leave the materials in storage for a short period of time, and then deliver within a day or two to a job site. S'aff had told ABC that as long os the materials were on the property for no longer than 72 hours, temporary storage would be allowed. Other cities typically allow 48 to 72 hours for temporary storage, which allows for Friday deliveries to be handled on Monday mornings when the business reopens. The property area at 450 Old Cry stal Bay Road is 2.3 acres with a 32,000 s.f. facility used to house construction materials. The conditional use permit requires screening to buffer the storage area and its activities from surrounding lots. Lots to the east and north of the property are also industrial properties. However, lots to the west are proposed for medium density development of 2-4 units per acre in the Comprehensive Plan and would need some type of buffering. The new Highway 12 is proposed to the south of the property . The screening or fVnee is required to be not less than 5’ in height that would be located along the west property line not less than 50% opaque. The City also has the ability to require landscaping with trees, shrubs and other types of groundcover. Staff has a plan which proposes a raised berm with plantings on and around the berm. This would screen an area that currently has pallets stacked two high and approximately 6’ in height. The site is served by a 26' wide driveway w ith access from Old Cry stal Bay Road and a staging area where trucks load and unload. A shared loading dock is located on the neighboring property. Employ ee parking is permitted and required on the site with a 75' setback for parking. With the building located 100’ from Old C.ystal Bay Road, a 75* setback with a 20' parking space doesn’t PAGE 15 n MINUTES OF THE ORONO PLANNING CO>LM1SSION MEETING ____________Monday, July 16,2001 («01-2696 ABC Supply Company, Inc„ Conlinuad) allow enough area for parking and maneuvering of vehicles on ihe west side of the building. This may r^uire the paiking to be within 60‘ of the right-of-way. Customer and visitor parking are located appro.ximately 6* outside the building entrance where 10’ is required. The Applicants have requested to continue to use the parking area as it e.xists. ABC has both summer and winter business hours. Outside regular business hours there may be delivery trucks entering the site and waiting for the business to open, or the truck may pull in. drop a trailer and leave ^liveries are ty pically made with semi trucks. There have been some phone calls stating that trucks have been idling all night long This type of activity has the potential to generate excessive noise and odors that would go offsite. The Zoning Code has performance standards which allows the City to protect the public safety and health against such things as noise, smoke, toxic or noxious matter, odors, vibration and glare. Lighting is consistent with other industrial and commercial areas with standard wall pack lights or the building to provide security. No excessive glare is visible at the property lines. A large flood light located on the south side of the building is of concern. o^na^aH tim recommends that the entire 26' roadway through the facility be left Weinberger stated the issues for discussion should include the follow ing: - Location and operation of outdoor storage area, including screening - Parking-location und screening Noise - Hours of operation - Lighting - Traffic Use of outdoor storage area and compatibility with surrounding properties Staff recommends approval to allow the outside storage, subject to the following conditions: Activity related .o outside storage shall be limited to the hours specified by ABC their regular business hours. All parking related to the operation of the business shall be limited to the areas designated on the plan and approved by the City of Orono. Parking areas are required to be a hard, all-weather, durable, dust-free surface material, and appropriate screening shall be provided for all parking areas on-site. Light sources must not be visible beyond the property boundaries. Conditions shall be placed on the limits of activity that occurs during non-business hours, including deliveries, transporting materials on site and parking of business related vehicles. PAGE 16 MLWTES OF FHE ORONO PLANNING COMMISSION MEETING ____________Monday, July 16,2001 (#01-2696 ABC Supply Company, Inc^ Conlioucd) 5 Screening shall include an elevated berm with evergreen plantings on and around the berm with the intent to protect the residential properties located west of Old Crystal Pay Road, a final landscaping plan shall be submitted for review prior to the Council 6. All noise generated by the operation of the business shall not exceed the allowed noise levels as set by the City of Orono Noise Ordinance. 7. Any other conditions as the Planning Commission feels necessary to protect the public safety and health from noise, smoke, toxic or noxious maricr. odors, vibration and glare. Jeziorski suted that they realize additional landscaping is required and were looking for Staff and Planning Commission recommendations. Steve White, property owner, stated he was in anendance to answer any questions. There were no other public comments. Lindquist asked if the Applicant had any problems with the staff suggestions. Jeziorski replied that he didn t but had not seen the plan for the berm prior to the meeting. Lindquist expressed concern mat the Applicant had not had sufficient opportunity to review the plans. Jeziorski stated that ihev had been considering either berming or fencing with privacy slats. Weinberger stated that there was an existing berm created approximately two years ago. The proposed plan would be an e.xpansion of the existing berm. Hawn asked for clarification of the type of vegetation to be used on the berm. Weinberger suggested evergreens for year-round protection of the site, but other trees and shrubs could also be considered as part of the plan. Stoddard asked if there had been any input from neighboring properties. W einberger responded that • couple anonymous calls had been received regarding idling truck noise at night. Jeziorski stated that independent truck companies make deliveries. They are requested to give a 24- hour notice but they don t always do that. Trucks could come at any hour of the night and wait for the business to open. The applicants are willing to post the property but couldn't post the road or right-of-way. Hawn asked if it was possible for the trucks to park somewhere and turn off the engine. Dahl stated there was only one fence with a gate that is locked at right. Hawn stated that the ABC business had the potential problem of idling trucks, and it would be their problem to resolve rather than the City's. Weinberger stated it was possible that del /ery trucks could park offsite (truck stops) or in the 100* of driveway that isn t locked, and a sign could be posted on tfte gate indicating no idling engines. Jeziorski stated that a truck with a diesel engine would not shut it off. While stated it may be possible to use the Drop Ship parking lot after hours. .» PAGE 17 MINUTES OF THE ORONO PLANNING CO>L>USSION MEETING _______Monday, July 16,2001 (#01-2696 ABC Supply Company, Inc., Continued) Fritzler indicated that a police officer could ask an idling truck to move to the other side ofthe building to the Drop Ship parking lot if he was aware of the regulation. Most ofthe time, the truck dnver would move his truck. If the truck driver refuses to move, the police could possibly iss citation for violation of the noise ordinance.ssuea Stod^dard felt that with a property the size of ABC’s, there should be a way to address the parking Hawn referred to the bituminous parking. Jeziorski confirmed that the emplo>ee parking would be bituminous. Gaffron referred to the parking setback issue and the possibility of a variance request. Jeziorski confirmed that there was a maximum of 12 employees which would requite 12 employee parking spaces. Stoddard asked if there was a way to avoid a variance by getting the employee parking inside the gated area. Jeziorski replied that they are still working or the plans. Gaffron asked if there w as any possibility of leasing more space to the south of the outside storage. Jeziorski stated they were looking at options for employee parking and fencing. Jeziorski addressed the flood light issue. He stated that it was only used for emergencies and would only be used during business house. Planning Commission members did not object to use for emergencies. Mabusth asked how many delivery trucks ABC has in the storage area. Jeziorski replied there arc four trucks - one semi, two cranes, and one conveyor truck. He added that they were currently stocked at their maximum capacity because of the busy construction season. Inventory is greatly reduced from November to March. Employees are also reduced to 6 or 7 in the winter. Jeziorski stated that if the application we-e tabled, he could prepare a landscape plan with the berm and trees. Hawn requested that he also work on a parking plan w ithout variances. Smith asked if the new Highway 12 plan would affect their business. Jeziorski replied that ABC was not a destination for that traffic since they work with contractors and deliver the product to job sites. Hawn moved. Lindquist seconded, to table Application #01-2692. ABC Supply Company. Inc.. 2765 Wayzat^Boulevard. requesting a conditional use permit to allow outside storage. JiiNG COMMISSION COMMENTS (#9) REPORT or COUNCIL MEETINGS. CO>LMlSS10N REPRESENTATIVES ATTENDING HAND JULY 9,2001 Smith stated she anended the June 25* CouncilmeSlIllM^ommented that the Council reviewed the same issues as the Planning Commission regarding theOT>%ndChurch application and came to the same conclusions as the Planning Commission. Applicatioa Date: 6/19/01 60 Day Dcadliac: 8/18/01 TO: Chair Havvn and Orono Planning Commission Members Ron Moorsc, Cil> Administrator FROM: Paul Weinberger. Zoning AdministratorTlanncr DATE: Jul>II.200l SIMECT: *101-2692 ABC Supply Company. Inc. 2765 West WavTata Boulevard Outdoor S 'sage Conditional Use Permit - Public Hearing Zoaing District: Lbt ofFtliibiu I, Industrial A Application B Applicant Summary of Request (June 18. 2001) C Zoning Rev icw Letter (April 4. 2001) D ABC Letter (May 11.2000) E Plat Map F Additional Applicant Submittals G Site Photos II Standard for the I. Indasirial District I Map 3B-7. Future Land Use Map J Table 3B-5b. Future Land Use for Residential Properties West of Old Crystal Bay Road K Property Ouners Notification List L Site Plan Application Summary ADC Supply Co.. Inc. has been leasing t!'.: ZCl Capital Building since March. 2000. ABC Supply is a vvholesalcr/warehouser of building and construction supplies, including roofing materials, siding and windows, as well as other smaller supplies that are for sa|e to coniraciors. Wholesale and warehouse businesses are listed as “permitted uses'* in the 1. Industrial district. The wholesaling operation permits ABC to receive and deli\ er materials in bulk amounts to and from vendors and contractors olT-site. No individual retail is ^'emitted in the Industrial district. ABC's cunent use of the property is consistent with the intent of the Comprehensive Plan and Zoning Ordinance. Please review Exhibit II a list of permitted and conditional uses in the district ABC IS requesting a conditional use permit to permit permanent “outside storage" of stock materials on the property. They have bc*en storing materials on the site since moving to the property. The warehouse is used when possible, however w hen the amount of stock exceeds the storage capabilities of the warehouse certain items are stored outside. This is primarily the cose in the Spring and early Summer when there is e.xcessive stock on hand for the upcoming construction season. Some materials arc delivered and ore stored outside the building when it is anticipated the items will only be on-site for a few days before delivery.____________________________________________ • •0106«2 ABC S«i^> Co. lac 450 OMCoiuIB j) Road rivoi P^lol5 Pcrlincat Code Section Section 10.50 • Requirements for the I. Industrial District. I Property Info) Lot Size 450 Old Ciystal Day Road Lot Size Outside Storage Leased area Warehouse building si/o 2.3 acres W X 125*» 24,250 s.f. Located on property south of the 450 Old Ciystal Bay Road Lot 32.250 s.f. Outside Storage Res ieu The Municipal Code docs not have a criteria that specifically defines permanent or temporary outside storage. Some cities al low temporary outside storage for a period not c.xceeding a defined time limit, usually 72 hours. Some of the materials that arc delivered to the ABC site arc not warehoused indoors. Those items arc stored in a large area, approximately 24,000 s.f. in size, located on the south side of the building. Most of the stock is stacked two pallets high in the outside storage area. The Conditional Use Permit'lndusirial district standards require the applicant provide screening to buffer the storage area and activity associated with the outside storage area. 11ie property is located adjacent to a*sidentially zoned property across Old Crystal Bay Road. Other lots located around tlic site arc located in the I, Industrial District. The primary screening that is exposed to residential or public property arc the properties west of Old Cry stal Bay Road. The screening of the open storage area shall be screened by a fence or wall i.'vt less than five feet in height and not less than 50^'o opaque. Lots are also required to be landscaped with trees, shrubs or planted ground cover. Such landscaping shall conform with a plan acceptable by the City. No official landscaping plan has been provided with the plan set that has determined the size, number and size of trees to be planted. The applicant has considered two options. I) To provide slats in the existing perimeter fence that break up the view from the properties to the west and 2) provide an option to plant trees along the west side of the property to provide a natural buffer. Planning Commission is asked to provide direction to the applicant as to size, type and location of trees. Staff would recommend a staggered planting plari of evergreen trees outside the fence and constructed on and around an elevated berm. Parking Parking areas ar^^rmitied within required setbacks on the property. Required setbacks for the subject property are as follows: 75' from Old Crystal Bay Road 10' from the side or rear property lines •0I-3M3 ABC S#ply Co, lac 450 Old CotialBa) Road 7I6A)I r«ic3or5 Parking areas conUiining more than six spaces that face either a public street and/or residentially zoned property shall hove a solid u-all or fence of not less than four feet nor more than six feet in height for screening. The material for the screening shall be designed to be architecturally harmonious with the principal building on the lot. The Council may approve a screened planting may be substituted fur the fence or wall. The property owners had relocated the employee parking area inside the fence, but have requested to relocate employee parking outside the fence to the west side of the building and fence. Please refer to the attached site plan depicting the parking areas. The parking area is outside the required 75* setback, but is located closer to the front property line than the building. Customer and visitor parking is located on the south side of the building. Code requires parking areas to be located a minimum of 10’ from the building. Because the building is existing they have requested to use the parking areas that have served the building and not to relocate the parking. Parking areas arc required to be a hard, all-weather, durable, dust-five surface material. The spaces to the interior (cuslomer/visitor spaces) are existing asphalt surface. Proposed employee parking spaces west of the building are natural and gravel ground cover. Noise/Hours of Operation The Noise Ordinance does not limit hours of operation in the I district. The operation hours for ABC are: Summer hours:6:00 a.m. to 5:C0 p.m. 7:00 a.m. to Noon Closed Monday through Friday Saturday Sunday Winter hours:8.00 a.m. to 4:30 p.m. Closed Monday through Friday Saturd.iy and Sunday The hours of operation are the hours when ABC is open for business. Outside regular business hours delivery trucks enter the property or park outside the gate. The deliveries are typically made w iih semi trucks that may sit outside the yard idling until ABC opens and deliveries can be made. This type of acti\ ity has the pot mtial to generate excessive noise and odors from exhaust while the trucks maneuver or idle. The Zoning Ordinance has pe"ormancc standards to protect the public safely and health against such things as noise, smoke, toxic or noxious matter, odors, vibration and glare. Applicant should be asked to comment on any off hour activity that may occur on the property. Lighting Several wall pack lights arc located on the building to provide basic security of the property and arc illuminated in the evenings. The lights are consistent wnth the type of lighting normally associated with industrial or commercial areas and pose a minimal impact on surrounding properties. •01-2692 ABC Su()pl> Co , bw 450OldCoitalB«>R(Md 7/|At)l P«c3olS jrnm. The primary lighting issue is a large flood light that \%as installed on the south side of the building that con illuminate the entire yard outside of normal daylight hours. The City required the light to be disconnected or screened to not allow the source of the light to be visible from adjacent properties. The light is primarily an issue only in the winter months. The Code prohibits light sources from being visible to property lines. Traffic Traffic to the property consists of regular delivery of items to the site. Much of the traffic leaving the site arc ABC trucks delivering materials to construction sites in the area. Contractors will occasionally travel to the site to pick up additional construction materials not requiring delivery off site. Surroundiag Rcsidcniial Land Use The 2000-2020 Comprehensive Land Use Plan (CMP) has designated the properties located west of Old Crystal Bay Rood as a Mixture of urban single and multi-famil> residential uses at a suggested density of 2-4 units per acre. Exhibits 1 and J, Table 3B-Sb and Map 3B-7 from the CMP ore atuiched and provide background information regarding the guided use for these properties. Issues for DUcussion 1.Planning Commission should individually consider each of the items listed above and make conclusions on each issue in relation to the operation of ABC and the impact on surrounding properties. 2. 3. Location and Operation of Outdoor Storage Area. Including Screening Parking 1 )Location 2)Screening Noise Hours of Operation Lighting Traffic Is the proposed use of the outdoor storage area compatible w ith the surrounding properties? >\Tiat areas of die property should be designated for permanent outside storage? A. B. C. D E. F. •01 -rbvr ABC Su^) Co, Inc 450 Old Cr>iUl[U> Rood 7/l6A>l p^4ors A J Opiiom for PlMniag CoMmiiiioii Action A. Recommend approval. A recommendation of approval shall include conditions that vs ould protect the surrounding properties and uses from the activities that would be related to outside storage. 1 . Activity related to outside storage shall be limited to the hours specified by ABC as their regular business hours. 2. All parking related to the operation of the business shall be limited to the areas designated on the plan and approved by the Cit>- of Orono. Parking areas are required to be a hard, all-weather, durable, dust-free surface material, and appropriate screening shall be provided for all parking areas on-site. 3. Light sources must not be visible beyond the property boundries. 4. Conditions shall be placed on the limits of activity that occurs during non-business hours, including deliveries, transporting materials on site and parking of business related vehicles. 5. Screening shall include an elevated berm w ith evergreen plantings on and around the berm w ith the intent to protect the residential properties located w est of Old Cry stal Bay Road, a final landscaping plan shall be suWitted for review prior to the Council Action. 6. All noise generated by the operation of the business shall not exceed the allowed noise levels as set by the City of Orono Noise Ordinance. 7. Any other conditions as the Planning Commission feels necessary to protect the public safety and health from noise, smoke, toxic or noxious matter, odors, vibration and glare. B. Recommend denial, stating reasons. C. Table. D. Other action. •OI-3M2 ABC Supply Co. Inc 450OI4Cf>WalBi) Rood 7/lfrOI R^SofS #2 «oi2 ApptoUMi Date RMtlvcdll^iZZZ^ Amintr*^**** CITY OF ORONO - GENERAL LAND USE APPLICATION T^pc^^PpiSlTbc filed nr^TT^ Property Identification Number (P.I.D.) Pflrt, 9f 32iil-------------- Orono/ MM - outside Storage 0012_____________ APPLICANT/ LESSEE Name Anr *^»ppiv ^cl, Don Jezlorskl Tng- - A.ttn Phone 1^-341 -8829, _______ Phrtnp (work^ fenfl-3|=ifl-2146_ ritv Reloit# W_1_______Zip_535l J— OWNER (if Steve White Mir"^ VrT Tnr.^—\t.tn Phone (home). |\iamr yi ' t-am i r. a j-i—* W. Wavzat? 91V<1^ rnuuc ---------- Phone (work)3i2=A2fi^i2fi^ T^nna La^e, MN-----Zip 553 5^ Lga^.by ABC supply: ^ y, y, 200^1 Udo)^S«ll^ a^so ovvm the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS c 7^ 00 For each variance requ< (month/year) '°w“Xoftach «L. ..qucs\ «n.h CUP appUcaaon 5175,00 Residential Accessory Use ■" 5250.00 Institutional (church, school, etc.) nn House'Gucst Apartments ----- 5250.00 Institutional tenuren. stiiuw., wav 5225.00 Guest Housc/Gucst Apartments 5200.00 Duplex CrediiBldg * AA Ardti^triiil Use S200.00 Duplex Lreoii oiag $3'>5 00 Commercial/Industrial Use - dcaignaud wC.an. or floodplam ------- Grading and filling - 501 cu. yd, or mort , .. ___II —Inn tv'IIIC VA'ltnin /ass.-- 'ID * see Fee Schedule ^S“3sxs;?r“- OTHER f„,) ’ S300.00 Vacation5300.00 Vacation IS’ $375.00 Comprehensive Plan Amendment ■ $100.00 Appeals ’ Other - see Fee Schedule ABC Supply Co. Inc. AMERICAS LARGEST ROOFING i SIDING ^WLESALER B June 18,2001 Via Federal Express Mr. Paul Weinberger Zoning Administrator City of Orono 2750 Kelley Parkway Orono, MN 55356 RE: Conditional Use Pemiil for Outside Storage for ABC Supply Company. Inc. at 450 North Old Cr> stal Bay Road. Orono. MN Dear Mr. Weinberger: This letter is being written in response to your letter dated April 4,2001 uquesting ABC Supply to submit an Application for a Conditional Use Pemtit for Outside Storage. In accordance with your letter, please find the following: 1. Completed Land Use/ConJitional Use Pemtit Application form. 2. A check for the application fee in the amount of S325.00. 3. Certified list of all property ow-ners within 350 feet of the property. 4a. Detailed description of the proposed use of the outdoor storage area for palletized stacking of roofing shingles. The roofing shingles w ill be stacked two high in rows. The maximum height of palletized double-stacked shingles w ill be 6 feet (see photographs enclosed). 4b. Lighting of the outdoor storage area is from wall packs located on the building. An emergency floodlight is available, when neccssar>', to light the area for personnel safety reasons. 4c. There should not be any impact on adjacent properties to the north, east and south as there are no homes in those directions. West from our site there is one residential home, across Old Crystal Bay Road.#2692 OniABCPjrkv/jy BelCit Wl 5351I-JJ41 •603-362-/!’7r»Fj<f 6C3-362-62I5 City of Omo June 12,2001 Page 2 The only noise created by ABC Supply would be from trucks moving in and out of the property. The hours of operation for ABC Supply are as follows: Summer hours: Winter hours: 6:00 a.m. to 5:00 p.m. 7:00 a m to 12:00 Noon Closed 8:00 a.m. to 4:30 p.m. Closed Monday through Fr.v ay Saturday Sunday Monday through Friday Saturday and Sunday 4d. See attached site plan for areas of outdoor storage, iraflic areas for loading/unloading trucks, and parking areas. 4e. See attached landscaping plan. For the record, there is no retail component to our use of the property. ABC Supply is a wholesaler of building materials. No cars will be parked within 20 feet of any right-of-way. Alt lighting units u.sed are diffused wall packs located on the builditig. We reserve one floodlight in case of emergency. We arc enclosing some general information on ABC Supply for your review. Please be advised that ABC Supply only leases a portion of the site as shown on the attached plans. We have no control over other areas of the site that are not leased by ABC Supply. In closing, we would like the City to recommend a buffer, be it additional landscaping by mounds along Old Crystal Bay Road or by privacy slats being placed on the fences along Old Crystal Bay Road. Again, please keep in mind that we only lease a portion of the property. We await your positive response to our request for a Conditional Use for Outside Storage. DJ:dp Enclosures rr iO w £> - i? ciTYormioNo Moaklpd Offlctf SVtftAMffSS: 2750 Kelley PaHmay Orona MN 55356 ibiltaf IMrtn: DystaTBay. MN 55323 0066 Mr. Don Jeziorski. Regional Asset Manager ABC Supply Co. Inc. One ABC Parkway Beloit, \V1 53511-4466 April 4.2001 RE: Zoning Review ABC Supply Company - 450 North Old Cry stal Bay Road Dear Mr. Jeziorski: The intent of this letter is to review for >ou the zoning regulations applicable to the site ABC is occupying at 450 North Old Crystal Day Road. The propeny Is located within the I, Industrial District. ADC Supply Company has been operating as a wholesale building products w arehouse and office within the existing building. The Orono Municipal Code permits • warehousing’*and wholesaling” in the I district. It is our position that the proposed use of the building for warehousing and wholesaling is permitted. Last year .ADC moved onto the property and had used the outside lot for storage of product. It was our understanding the outdoor storage used on the lot last year w as due to the lack of interior storage racks and those racks would be installed eliminating the need for outdoor storage. The zoning regulations do Qfit permit outdoor storage of any t> pe. No outside storage will be permitted without a conditional use permit. Outdoor storage is only allowed by a conditional use permit issued by the Orono City Council. The required sub.miltals for a conditional use permit will include at a minimum: 1. Complete Land Use/Conditional Use Permit application form (attached) 2. $350.00 application fee 3. Certified list of all property owners within 350' of the property. 4. A detailed description of the proposed use including: a) Outdoor storage areas and screening, as the property is located adjacent to residential property b) Lighting plan for outdoor storage area(s) c) Potential impacts on adjacent properties, such as noise, hours of operation, and visual impacts d) A site plan indicating outdoor storage area(s), traffic areas, and parking e) Landscaping plan • IMcpboM-ffSI) 24M600 • Fax (952) 249^16 wwwxLoroaojniuus ABC Supply April 4,2001 Page 2 The conditional use permit review period is approximately 60 days, and requires a public hearing with the Planning Commission prior to City Council review. The earliest possible date at which a public hearing could be held is May 21, 2001. The application deadline for the May 21, 2001 Plaiming Commission meeting is April 18, 2001. The City Council has the authority to set reasonable conditions as it relates to outdoor storage on the property, should the conditional use permit be approved. The primary concerns will be screening, lighting, noise, parking, signage and hours of operation. Because the property is located adjacent to residential uses, the preferred screening would be some form of natural buffer (trees, shrubs, etc.). It is our understanding there is no retail component to the use of the property. Retail uses are not permitted in the I. Industrial District. I have attached a copy of Section 10.50 of the Municipal Code relating to properties in the industrial district. The parking standard docs not permit any parking within 20’ of any right of wa\. Currently, cars are being parked along Old Ciy stal Bay Road and may be in violation of the setback requirement. (Section 10.61. Subdivision 5 (C)). Section 10.60. Subdivision 8 requires that lighting shall be directed downward to not be visible at any lot line. Lighting in all instances shall be diffused or directed away from any residential district. Residential districts arc located to the west of the property across Old Cry stal Bay Road and to the south of the property across the railroad tracks. I have attached a copy of the conditional use permit application form, noise ordinance and above referenced code sections. Please contact me at your earliest convenience to discuss the issues noted above. I can be reached at (952) 249-4600. Sincerely. Paul \\ einberger Zoning Administrator cc:Ron Moorse, City Administrator Greg Gippa, Director of Public Serv ices Mike Gadfron, Planning Director Lyle Oman. Building Official Wendy Bottenberg, Zoning Administrator Marc Davis, Building Inspector r ■ • .r Supply Co, Inc, AMEPlCA‘S LARGESTKX)FINGi SIDIHG WHOLESALER May 11,2000 Mr. Paul Weinberger City of Orono 2750 Kelley Park\s*ay P.O. Bo.x 66 Crystal Bay, MN 55323 RE: ABC Supply Co. Inc. 450 North Old Crystal Bay Road, Orono, MN Dear Mr. Weinberger: This letter is being uxitten to provide the Citj' of Orono with information concerning our company, ABC Supply. ABC is America ’s largest roofing, siding and window wholesaler. As you know we have leased a portion of the VCI Capital Building in Orono and are in the process of making improvements to both the interior and exterior of the building and lands that sunound the building. I am sure you will agree that the improvements wc are undertaking will improve the look of the building and the grounds. We would first like to address and clarify' some issues raised in a letter from Mr. Moorsc on February 17,2000 (a copy of which is enclosed) on how our on site activities work. The types of activities that ABC performs outside of the building consist of unloading product by small forklifi trucks that comes from our suppliers. Once the truck is unlcnded we place that product in the warehouse. The ty pes of products we handle most are roofing materials along with siding and windows, which all come on pallets. Since we are wholesalers of roofing materials and siding most of our orders are generated by phone or by our outside sales staff and are delivered to a location specified by the customer. Customers typically come in to pick up only small orders or when a job falls short of materials. Delivery of product to the customer is why we have been successful in the wholesale business and is the most important factor is servicing a customer. From time to time and mostly in the spring and early summer it is necessary for us to temporary store some roofing materials outside on pallets because demand for the product is great and the product moves so quickly. We also stage products outside for CORPORATEOFFICE»On$ABCPat1cMyl {i 1 loading onto our trucks for deliveries to the customer on a daily basis. Please refer to the enclosed site plan for the location of the proposed loading areas and outside storage area. Our hours of operation for this location are as follows: Monday through Friday 6:00 AM to 5:00 PM Saturday 7:30 AM to 11:30 PM Sunday Closed Concerning the issue of noise, the only things we can think of that will produce some noise are the loading and unloading of trucks in the staging area during our hours of operation. Again our business does not produce a lot of traffic from the public because we are a wholesaler. On the issue of exterior lighting we are agreeable to using wall packs on the south side of the building for security lighting purposes but request permission to use flood lighting during business hours when it is dark in order to be able to load and unload our trucks, if necessary. Please review this letter and let us know if you have any questions or comments. We look forward to working with the City of Orono to resolve any concerns the City may have concerning our business operations. Sincerely, sset Manager Enclosure cc. Ronald J. Moorse City of Orono Myron Dahl ABC Supply Orono Sue Christensen •• j•• -i'" IT Aae? ^ ^ Exhibit F Additional Applicant Submittals Site Plans Site Photos Legal Description EXHIBIT B LEGAL DESCRIPTION Lot 2, Block 1, Van Dale Addition. City of Long Lake, Hennepin County. / • Tt ^ ABC CENI2R LOCATED AT RONO, MNmwr — •' y > •, ■'• \r: * t *iH ' j r ____ r^S '■ GQ =tt= ABC CENI JIR LOCATED AT V.RONO,MN •r.f '0Mmm ii 4V-* ABC CEN12R LOCATED AT <^RONO, MN T n .i±: Bfite©!'- ‘ »v- Wi ■ ABC CEN'^ j:r located at strong , mn sa (5 V f :) (> Gi ■I'C I M-n }i M11 6/1 r{ r<. U tm 1 ; •fj\.'ii-~^- •'-■-'* *A.i •h-l If'- Cilf'Cl f • G'i> 9AiS^ '-■ . . *, '• ^'«■'-.trii« • --':V .;- r-.-d'AJh; § 10.50 SEC. 10.50.I INDUSTRIAL DISTRICT. Subd. 1. Application. All applications for a building permit in any "1" Industrial District shall be reviewed by the Council and may be referred to the Planning Commission for review. Subd. 2. Permitted Uses. Within any "I" District, no structure or land shall be used except for one or more of the following uses: A. Processing. Etc. Conducting a process, fabrication, storage, manufacturing or wholesaling operation or providing of a service as listed hereafter: 5. 6. 7. 8. 1 . Apparel. 2. Artificial limbs. 3. Automobile and truck painting, major repair, body and fender work, upholstering, tire recapping and sales when within a completely enclosed building. The storage of automobiles or trucks in process of repair shall be within a fenced area. Open sales lots shall be subject to a conditional use permit. 4. Bakcr>', commercial. Bicycles and toys. Boats and marine products. Bus, truck and contractor's terminals and maintenance yards. Cabinet and carpentry shops, lumber yards and millworks, electrical, plumbing, heating, air conditioning shop. 9. Camera and photography. 10. Canvas and cloth products. 11 . Ceramic and cloth products. 12. Ceramic products. 13. Cork products. 14. Drugs, cosmetics, pharmaceutical and toiletries. 15. Electric motors, generators, electric products. 16. Engraving and printing. 17. Ice and cold storage plants, bottling works. 18. Laundries, commercial. 19. Machine shops. 20. Metal polishing and plating. 21 . Musical insiraments. 22. Novelties. 23. Paper products. 24. Pharmaceutical products. 25. Products made of glass, cellophane.leather, plastic, wood. 26. Shoes and footwear. i ORONO CC (4-1-84) § 10.50 27. Sporting equipment. 28. Television, radio and appliances;. 29. Tools. haidu*are and sm^I metal products. 30. Warehousing. Subd. 3. Conditional Uses. A. Within any "I" District, no structure or land shall be used for one or more of the following uses except by conditional use permit: 1. Accessory structures. 2. Farm equipment sales, repair and storage. Heliports as an accessory use for that propeny. Motor fuel stations. Open sales lots. Outside storage. 7. Public service structures. 8. Railroad switch yards, team tracks or freight houses. 9. Research laboratories. 10. Residence necessary for security and safety in relation to a permitted use or conditional use. 11. Restaurants (Class 1) which are located in and mainly servicing the personnel employed in that structure. 12. Planned Industrial District as regulated by Section 10.51. Source; Ordinance No. 172 Effective Date; 1-1-75 B. Antenna Stnieture. One independent antenna stnieture. with antetuMi or combination of antewna attached thereto, auboidinate to and sei^iemg the prinetpal use or stniehuo on the same lot and customarily incidental thereto that is not attached t6 anethee stnii mdedjctufc prm the height of the antenna stroetufc does net ex ceed 65 feet and the antenna stnieture is set bock from any lot Imo a distance at least equal to the total heigh! of the antenna struetuter (Seufec! Ordtnanee ?<o. 177; Effective Date: 6-5-?5) Deleted via Ordinance No. 161,2nd Scries Adopted: 5-27-97 ORONOCC (4-1-84) § 10.50 Subd, 4. Accessor>' Uses. Within any'T Industrial District, the following uses shall be pennitted acces.«;ory uses; A. Any accessory use as regulated in the "B-1"' District. Subd. 5. Area, Height, Setback and Design Requirements. A. Lot Area. The minimum lot size shall be two acres. B. Building Area. Each individual building shall have a gross floor area (not including basements) of not less than 5,000 square feet when designed for a single tenant nor less than 15,000 square feet when designed for multi-tenants. C. Lot Coverage. Not more than 30% of the total area of any lot, tract or parcel of land three acres or less in size may be covered by buildings or other structures. Not more than 45% of the total area of any lot, tract or parcel of land more than three acres in size may be covered by buildings or other structures, except that when the total building floor area on a site is contained within a single building, and when the total area used for loading terminals, docks and berths is completely enclosed within the same single building, a lot coverage of not more than 60% will be permitted. D. Height. No structure or building shall exceed three stories or 40 feet in height e.xcept as provided in Section 10.75. E. Building Setback and Yards. 1. Sucet Setbacks. All buildings and structures must be set back at least 75 feel from the right-of-way of any highway or street which has been designated as limited access, freeway or cxpresswa>'; and 50 feet from those designated as thoroughfares, collectors, minor or secondary- streets. Where the district abuts or adjoins an "R" District there shall be a building setback from that street of not less than 75 feet. 2. Side Yards or Rear Yards. Any building or structure required by any building code adopted by the City to have openings in the rear wall, shall be erected no closer than 30 feet to a rear property- line. WTiere rear wall openings arc not required by any such code, and the rear w all has no openings, buildings or structiues may be constructed to w ithin 10 feet of a rear property line. No building or structure shall be erected any closer to a side property line than a distance equal to one and one-half times the average building height. WTierc the district abuts or adjoins an "R" District, the side or rear yard abutting such residential district shall be not less than 100 feet. ORONO CC (4-1-84) § 10.50 F. Building Design and Construction. The In addition to other restrictions of this Chapter, the use, construction, alteration or enlargements to any building or structure within the district shall meet the following standards: 1. All e.Nterior wall finishes on any building shall be: (a) Face brick; or. (b) Natural stone; or. (c) Specially designed precast concrete units if the surfaces have been integrally treated with an applied decorative material or texture; or. (d) Factory fabricated and finished metal framed panel construction, if the panel materials be of any of those noted in Items (a), (b) and (c) above, glass, prefinished metal (other than unpainted galvanized iron) or plastic; provided that if any wall of the building or structure faces a street or abuts an "R" District, then that wall shall have at least one-third of its surface of materials other than prefinished metal and the remaining walls shall have at least one-fifth of their surfaces of materials other than prefinished metal; or, (e) Other materials as may be approved by the Council. Combinations of such materials shall be permitted. 2. All subsequent additions and outbuildings constructed after the erection of an original building or buildings shall be constructed of materials comparable to those used in the original construction and shall be designed in a manner conforming with the original architectural design and general appearance. 3. No building or strucUirc of a tcmporaiy character, trailer, basement, tent or shack shall be constructed, placed or maintained upon the property except as accessoiy to and during the construction of permanent buildings. G- Off-Street Parking. In addition to other restrictions of this Chapter, off-street parking areas of sufficient size to provide parking for patrons, customers, suppliers, visitors and employees shall be provided on the premises of each use. Parking areas shall be stirfaggd with a hard, all-weather, durable, dust-free surfacing material and shall he nronerlv Hraini»H .mH landscaouJ^ ana SH!nH)yTTT!ffHt9HrRnfHHrtgttty^fBnrcTn!e^condition. No parking area shall occupy any required setback except on lots, tracts, or parcels navmo two or more street irnnkipes.' On lots, tracts, or parcels having tw o or more sucet frontages, 50*5 o of the required setback from one of the streets, designated as a thoroughfare, collector, minor, or secondaiy’ street and not adjoining a residential district, may be occupied for parking purposes only; provided, however, that parking shall not be located w ithin the required setback area in front of the building. No parking shall be located closer than ten feet to a side or rear lot line, nor closer than ten feet to any building. Each parkin^^spac^halHi^^ninimum width of nine fee^and^ninin^^ excl^aUifcS53^^^^£^!ggg^^c^l^^?nprcascontainin^no!^!^^ ORONO CC (4-1-84) I § 10.50 jjjj^iJllttfljjyyits^Bgjjjyjjjjdcijii^lwonc^rogcrt^hainiaveasolidwallo than four feel nor more than six feet irwieigh^ion^udnacmB^^ucTnences^ovan^Kal^c^ designed that they are architecturally hannoniousvvuluhSJriflSigaLjl^^ the lot. A screen pTantm^ppro^^^y the Council may be substituted for the required uall or fence. H. Loading Facilities. In addition to other restrictions of this Chapter, all loading or unloading into or out oi trucks in excess of three-fourths ton capacity or railroad cars, shall be conducted at facilities specifically designed and designated for that purpose. Those facilities, hereby designated as "loading facilities", shall be subject to the following regulations: 1. Amount Required. Loading facilities of sufficient number to proxidc for the requirements of each use shall be provided on the premises of each principal and accessory use. The exact number required will depend on the nature of the principal and accessory use and the type of transport service used, but in no event shall there be less than one truck transport loading facility for each 50.000 square feet of building floor area or major fraction thereof. 2. Design. A loading facility includes the dock to or from which the transport vehicle is being unloaded or loaded and the berth for the vehicle while it is being loaded or unloaded, and the maneuvering areas needed to maneuver the vehicle into or out of its berth. All docks shall be located within the perimeter of the building housing the principal or accessory use and they shall be completely enclosed except for the opening needed for access to a vehicle during the lime it is standing in the berth. All berths shall be screened from view from the property's street frontages by a solid wall of not less than ten feet in height. Such walls shall be so designed tliat they are architecturally harmonious w ith the principal structure on the lot. At least one and not less than 50% of the required number of truck transport loading berths shall be not less than 50 feet in length. 14 feet in width and 15 feel in height. All truck transport berths and maneuvering areas shall be surfaced with a hard, all-weather, durable, dust-free surfacing material properly drained and maintained in a sightly and well-kept condition. 3. Location. Loading berths shall not be located on a street frontage unless located w ithin the perimeter of the building housing the principal or accessory use. WTicre located on a street frontage, they shall be completely enclosed. No berth shall be located w ithin the required side or rear yards. All berths shall ^ physically separated from areas used for olT-sticcl parking except for connecting driveways or aisles. No maneuvering area shall be located within ten feet of a side or rear property line. addition to other restrictions of this Chapter, all raw materials, supplies, finished or semi-finished products and equipment shall be stored within a completely enclosed building; or shall be screened by a fence or w^l not less than five feet in height and not less than 50% opaque; provided, however, that motor vehicles necessary to the operation of the principal use and of not more than three-fourths ton capacity may be stored within the permitted parking areas. ORONO CC (4-1-84) § 10.50 I^andKaglflj^ All open areas of any site, lot, tract or parcel shall be graded to provide proper drainage, and except for areas used for parking, drives or storage, shall be landscaped uith trees, shrubs or planted ground cover. Such landscaping shall conform wth the planting plan approved by the Council at the time the building permit was issued. It shall be the o\^7iers* responsibility to see that this landscaping is maintained in an attractive and well-kept condition. A.i vacant lots, tracts or parcels shall also be properly maintained. K^raiggg^No land shall be developed and no use shall be permitted that results in water runoff causing floods, erosion, or deposits on adjacent properties. Site and drainage plans shall be submined by the applicant in such detail as required by the Council and those plans shall be reviewed by the City Engineer before submission to the Planning Commission >id Council for approval. Such runoff may be required to be properly clionneled into a natural water course, ponding area, storm drain or other public facilities. Any change in grade affecting water runoff whether onto adjacent propeny or otherwise must be in compliance with the Surface W'ater Management Plan and shall be consistent with other applicable regulations or City' Code provisions and subject to the approval of other agencies having jurisdiction over the area affected by the drainage. Source: Ordinance No. 172 Effective Date: 1-1-75 ,SEC. 10.51. PID PLANNED INDUSTRUL DISTRICT. Jubd. 1. Purpose. The purpose of this Section is to establish provisions for the granting of a conUilmnal use permit to erect a multi-building industrial facility in relation to an over-all design, an inw^^ted physical plan and in accordance with the provisions and procedures as provided hereafter. Subd. 2. Submission of*^|ms. The owner or owners of any tract of land within an'T District may submit to the Council for ap^hq^l a plan for the development and use of such a tract of land for a Planned Industrial District for combiqrcial or other uses permitted in the district within which the land is located by making an applicaK<m for a conditional use permit authorizing completion of the development in accordance with tW'^n. The plan for the development shall conform to the requirements of the district within which itiN<^atcd except as herein amended. Subd. 3. Size Required. The tract of land for which^ a permit requested shall not be less than five (5) acres. ^lopment is proposed and Subd. 4. Sewer and Water. The tract shall be serv’ed by the City^mer and sewer system when available and fire hydrants shall be installed according to a plan approvc^^the Fire Chief as to type and location. ORONO CC (4-1-84) “1 1 1 11| U.! 1i!' HNDUSTRtAL I—i ! ^ PROPOSE^IGHWAVJz^fe^ Parol Of QU01:______ jflfftIfSIOWNBa ——9 ''*' '** '^wovnoai. 2*ACftMinMnufn — E^isang Oukto Ptm •«.•«• north o» K.IH, Portnw, (««in.d for Parcal Ofouo 2:__ E^f^toSig^------------------------------------ E«ttl>ng Quid*Plan (I9e0)&ngl.fo,r>yn«lra«,rt-Iu«.t.dw»utyon iMpor2«r«» Propo»«>Oi-doPUn ««»»• of uba. ^ng., ond of 2^ u~» par Kr. Parcal Otoud 3: _______ EiJaang Zonmg RR.IB Smgla Fan^ Rural Ravdan- j. 2.Acra MAmum EaitlIrtgauidaPUri (1980) Sigla fan-J/rural rawltoBal uta « a daoMy of 1 uvspar 2 acraa Propotad OtMa Plan S«ngla famJy »rtaf^ raialantai u»a at a dar»*<!y of 2-3 gnna par aera Commarcial Araa Batwaan Willow Or. and Brown Bd •CS551SS; Ewt-ig -tan (1969) O«ca-'co.m.„c.al um accaaaing Hgh*., 12 via a »•^<a road from Brown Road to WOom Onva w.th no d a«aa» to M^wa, 12 Procoaad biMla Plan twra of mora dafinad davafopmam goa-. mU of oTca ratad and sannca comperan;, foomao on oompiamantr^ Highway 12 Areas Proposed for Change City of Orono Minnesota 4* 2000 FaM MAP3B-7 W' ... CMP Pan JB. Laad Use Plaa ■3 \mm ''3; Site Dctcription: SITEB (Parcel Groap 2, MapJB-7) 55 acres located betweeo Higliway 12 aad the Barliagtoa Northera Railroad property, abattiag aad Jast west of Old Crystal Bay Road. Property includes S separate tax parcels with S existing residences plus outbuildings, and is currently zoned for single family rural development at a density of I unit per 2 acres. The new Highway 12 route is planned to abut the south side of this property, paralleling the railroad track. Site Cbaracterfanci! Cross site area east of major wetland: SS acres t Area of additional wetlands in east half of site: - 4 acres * Area to be lost due to Hwy 12 b>pass: - 2 acres ± Net dry buildable for development: 49 acres + Easterly 25 acres is relatively flat with high*wateriable soils and interspersed wetland pockets. Not easily developable with septic systems. Mostly open fields that have been farmed previously. Westerly 30 acres has 5V»-I5% slopes, eventually dropping a total of SO' down to major wetland basin. Soils are better suited for use of septic systems, but slopes may be a factor for individual sites. This area is more wooded and contains apple orchard. This site has a number of factors which make it unattractive for 2-acre rural residential development as cunently zoned, including: • Location between two highway corridors is not conducive to rural development. • Location across from Industrial Park is nor conducive to rural development. • Site abuts one of the busiest intersections in Orono. • East half of site is poorly suited for development with septic systems. Municipal sewer and water are relatively available as compared to most other areas of the Cit)*; the site is adjacent to existing MUSA and is a logical MUSA expansion point. This site has direct access to arterial and collector road system, and is relatively near urban services as compared to most other areas of the City. Furthermore, this site is separated from existing rural neighborhoods b>' the Orooo Schools, by existing wetlands, by the existing railroad, and by existing and future road/railroad corridors. Because of these separations, development at higher densities wrill have little impact on adjacent rural character neighborhoods. Slle B Residential D cvcIodibcb I Ontloni! Pensitv oammeter Dwelllna Unlls Density Current 2-acre zoning 16-18 Units OJ units/oc. (septic systems) 2-acre zoning 20-22 Units 0.4 units/ac. (sew ered, standard plat) 2-acrc zoning 24 Units 0.5 units/oc. (sewered, PRD) 1-acre zoaing 42-44 Uniu 0.8 units/ac. (sewered, standard plat) I-acre zoning 47-48 Units 0.9 units/ac. (sewered, PRD) 1/2-acre zoning 80-85 Units 1.5 units-'ac. (sewered, standard plat) 1/2-acrc zoning 95-100 Uniu l.Suniu'ac. (sewered. PRD) 3 unit/acre PRD 140 Uniu 3.0 uniu'ac. Preferred Development Oollont Mis orO.Snnits/ac SFR & 4 uoiu/ac townhones 120 Uniu 2.5 units/ac. City of Oroao Coamuniiy hlanagnncul Plaa Srptraber 2«M Pagc3B-35 RUN ORU Q*/1Z/«1 •ATCN SBR MUMEriN COUN1V MOPCRTV INTOmUlON SYSHM MORER1V OWNCtiS LIST RcroRT ND. rumti r«cc n g- nor Roeo ONNIR NRM ikWMtn NRM/AMO M u-na*2S IS MU •27*S ttAYZRT* OLVO N VfBA INC ETAL VERA INC rO RON SIS LRNO lARi MN SfSSA SR SS-UR-2S IS M12 ••ASS MO CmiAl. RAV RO N VEOA MC VCI CAPITAL INC PO ROM SIS LONR LAKE NN USSR SR SS-1IR-2S IS MIS I2ARS WAVZATA RLVD N VCM INC VCBA INC PO OOX SIB LONG LAKE NN USSR PROP ARON OMNER MAHC 1AMPAVCO MAflE/AOOR SR SS-llR-ZS IS RRIR •2I2S NAVZATA RLVD N VCM INC VCM INC PO RON SIS LONR LAKE NN SSSSR SR SSo|lR*2S IS RAIS •ZRDf MATZATA OLVO U UASNXNCnM SClIMTirXC INO VASMIN6TON SCIENTIFIC 1M» 1S2SS OATZATA RLVR RIBR NAVZATA NN SSSU SR SS-UR-2S 2R RIR2 OAOSO ADORCSS UNAtSlGNKO TNONAS r JAMB TRUSTEE TNONAS r JAMS TRUSTEE TFJ NONINCC TRUST 77BI T STREET LITTLE ROCK At 12221 PROP ABOR OHNER NAIC TAXPAVER NAnC/ADDO SB SS«11B-2S ZA OARS EBR2S OLD CRYSTAL RAY RO N T P JANES TRUSTEE TCJ NONINCE TRUST lit! T STREET LITTLE ROCK AK 72221-AAAA TOTAL RATCN SBA AAA07 ‘ ■} I *. »; .• *. 1 CERTIFY THAT TME FACTS REPIESENTEO ARE AN ACCURATE AND TRUE REPRESEMTATIOH OF INFOimATION AS IT APPEARS THIS DATS OH THE RECORRS or THE HENNEPIN COUNTY OEPARTNEMT OF PROPERTY TAKATJON, TO TNI BEST OP NY KN0NLED6C AND BELIEF. OA1E 7^ ? raonn Qia crystal Bay Road L / / / i /tso ClJ CryifJ t«k*j l*«M ■>I«MngFanMMtfN»»x PovKySUO 12S-CT MTOM —‘OutM* Pro<hxl J ■J <5orstoe ^ ^TofciV6f j ) k-’ r 'Ot/i^PrMuCi S)oraMA/M^ c Pf*ptf4y kine-T 1 I ^ I . - I'^i' '- '• '•'•"•'•'•ir ' ' V.'/f '^''1'^,—i ' j--------------------------------------.Ll._?.—_.^___t_._^_._._rp!.i_-_:.:_L..-^;:_w.U;;:^ _• ■ ■ ■ • • • • >.•.••'• I s: am$ ^ □l r. Application Dale: S/IJAII Completion Date: 8/13/tll 60 Day Deadline: I0/12AII COUMTIt MPETINQ SEP 2 4 2001 CITY OF OnONO REQUEST FOR COUNCIL ACTION Department Approval: Name Wendy Bonenberg Title Zoning Adminslrator/Planncr DATE: 9 21 01 ITEM NO.: S Agenda Section: Zoning Item Description: MOI-2706 Richard & Jane Stark 815 Partenwood Rood Variance Renewal Zoning Dbtrkt: LR* IB One Family Lakeshore Residential District (I Acre) Lot Area: 44,225 s.f. (1 .02 acre) Lbt ofEihlbiU: A Resolution B Staff Report and Exhibits of 9'17/200 1 Appikalion Summary: The property has been sold and the new owner would like to renew the V ariances received to expand and remodel the existing residence to include a four stall garage and additional living area. Variances were granted on October 23,2000, October 25, 1 999, October 26. 1998 and November 24,1997 for lakeshore setback to be located 34' from the lakest.ore where 75’ is required and for hardcover in the 0-75’ setback where 20® o (5.81 5 s.f) existed and 1 5.3®/o (4,413 s.f) is proposed. 1. Section 10.22, Subd. 1(A): Lakeshore Setback Regulations: No principal building shall be located closer than 75 feet to the natural ordinary high water mark of a lake abutting the property. To allow remodeling per the plan in Exhibit A of the resolution where the residence is currenlK located 34' from the lakeshoie where 34 ’ is proposed and 75’ is required. 2. Section 10.22, Subd, 2 and Section 10.56, Subd, 1 6(L)( I): Hardcover In 0-75': Permit 4,413 s f (15.3®/o) hardcover in the 0-75’ where 5.815 s.f (20®/o) exists and 0 s.f (0^1») is allowed. PLANNING COMMISSION: The Planning Commission recommended by a 7 to 0 vote to: Approve the application as presented. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. A RESOLUTION GRANTING RENEWAL OF VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS I AND 2 FILE NO. 01-2706 WHEREAS, Richard R. Stark and Jane M. Stark (hereinafter "the applicants") are owners of the property located at 815 Partcnwood Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 2. Block 2. Partcnwood (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for the renewal of variances to Municipal Zoning Code Section 10.22. Subdivisions 1 and 2 to allow the remodeling and e.xpansion of the existing residence to include a four stall garage and additional living space located 34' from the 929.4 ordinary high water mark where 75' is required and requiring a hardcover variance of 4,413 s.f. (15.3%) where 5,815 s.f. (20%) is existing and none is allowed as shown on Exhibit A. Minnesota; NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono. 1. 2. FINDINGS This application was reviewed as Zoning File #01-2706. The property is located in the LR-IB Single Family Laleshore Residential Zoning District requiring one acre in area. The property consists of 1.02 acre. 3.The Orono Planning Commission reviewed this renewal application on September 17, 2001 and recommended approval of the proposed variances based upon the following findings: 1. The proposed additions wx>uld not further encroach on the OHWL. Page 1 of S 1 2. 3. The configuraiion of the lot severely restricts the allowable building pad. The amount of hardcover in the O' to 75' lakeshore setback would be reduced from 20% to 15.3%. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property' right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff', comments by the applicants and the effect of the proposed variance on the health, safely and welfare of the community. CONCLUSIONS. ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 to allow the remodeling and expansion of the existing residence located 34' from the OHWL where 75' is required and hardcover of 4,415 s.f (15.3%) in the 0’ to 75' lakeshore setback where 5.815 s.f (20%) is existing and none is allowed. 1.All plastic under landscaping must be removed in the O' to 75' lakeshore setback prior to any new construction. 2. 3. No further variances will be granted to this property in the future. Authorities granted by this variance run with the property not witli the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (September 24, 2002). Page 2 of 5 rri mkibnithi 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 applicants have read, understood and hereby agree to the tcmis 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. Any substantial changes or revisions to the plan in Exhibit A will require reconsideration bv the Citv Council. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 24th day of September, 2001. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson. Mayor Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of September. 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. Notary Public Page 3 of 5 ■7-------------- STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of .2001. before me a Notary Public within and for said County, personally appeared .knouTi to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that be (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of 2001, before me a Notary Public within and for said County, personally appeared .knowTi to me to be the pcrson(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 4 of 5 o •o 11a*a. TO: Chair hawn and Orono Planning Commission Members Ron Moorse. Cit> Administrator FROM: Wendy Bottenbeig. Zoning AdministratorTlanncr DATE: September 14.2001 SUBJECT: #01-2706 Richard R Stark 815 Partenvsood Road Variance Renewal — Public Hear:ng Zoning District: LR-1B One Family Lakeshore Residential Disuict (I Acre) Lot Area: 44,225 s f. (1.02 acre) List ofEshlbits A Analysis B Application C Existing and Proposed Site Plan D Resolution #4550 E Minutes from previous meetings (K-10/16/2000, CC-10/23/2000) F Staff Report (10/23/2000) Pertinent Code Sections Section 10.22, Subd. 1: Lakeshore Setback Regulations Section 10.22, Subd. 2: Lakeshore Hardcover Requirements -Seetiow i0i8l|Subdi {(B).-l R-4B Lot Requiremenfs- Application Summary: The property has been sold ai.d the new owner would like to renew the variances received to expand and remodel the existing residence to include a four stall garage and additional living area. Variances were granted on November 24. 1997, October 26. 1998. October 25. 1999 and October 23,2000 for lakeshore setback to be located 34* from the lakeshore where 75' is required and for hardcover in the 0’-75 ’ setback where 20®/'o (5,815 s.f) was existing and 15.3®/o (4,413 s.f) was proposed. Staff Recommendation: The zoning lot conforms to lot area, lot width, and side yard setback requirements. The existing residence is located within the required lakeshore setback. The proposed plan reduces the amount of hardcover in the 0'-75‘ setback. The existing amount of hardcover on the site is 10,228 s.f (23%). The proposed plan is for 6.595 s.f (14.9®/o) total hardcover on the lot. If Planning Commission concludes that the fmdings of fact supporting this variance request are still valid, then an approval recommendation is appropriate. Richard an J Jane Stark 815 Parum*ood Variance Renewal page^l ANALYSIS Lot Area and Yards LR-IB District Standards Lot Area Lot Width Front Yard Side Yard Lakeside Yard 1 acre 140 ft.35 a.10 ft.75 a. Subject Property Lot Area and Yards Lot Area Lot Width Street Yard Side Yard Lakeside 1.02 acres 225 a. at 75’ setback 357 a. at OHW 37 a. (existing) 35 a. (proposed) 46 a. (existing; 20 a. (proposed) 34 a. The zoning lot does not meet the lakeshore setback requirement of 75’. A variance is required for remodeling and expanding an existing structure within the 75' lakeshore setback. The homeowner ’s association has setback requirements that are more restrictive than the zoning code. Structural Coverage Total Lot Size Total Structural Coverage Percentage 44,225 s.f.2,520 s.f. (existing) 3.410 s.f. (proposed) 5.7% 7.7% Structural coverage is not an issue with this application. Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover f driance Requested 0’-75’28,810 s.f.5,815 s.f. (20%) none (^) i5.2>(WSi) (5.5 75’-250’15,419 s.f.2,995 s.f. (19%) 3,854.75 s.f. (25%) 3,600 s.f, (23%) none A hardcover variance is required in the 0 ’ lu 75' lakeshore setback. (T I »% 0 I i;/ ’^1^' ft >«• # ’ft:.V ’ ' U O tA<n MTSACTOM^A MAN CNIUn ENf^T f\ANlNG AUCStNT SCCCuN PtANrrsG SCPVCE ENIPr AOOTeSS NALL CXBTNG TXTtaiS TO PtMAN SWOVELPOWT ! * OLSEN RESIDENCE SITE PLAN L. CCHTlfCATC OF SUHVtT fUM EMIL ZONNE OF LOT 2, BLXK 2. PARTENV»000 icMNCfM eown mmamk O I (ratMt 'M* ■** • M M •> ••••» •* Jltwt I • • Mr tk« IMS •! tw «M«a •! ■4MMM*. i!Ab c* ^ ylil^ I « M u b fol o\ 33G‘i;}50 GlTYofORONO RESOLUTION OF THE CITY COUNCIL NO. 4 5 5 U CJ Co CiA RESOLUTION GRANTING REiVEWAL OF VARIANCES _ TO MUNICIPAL ZONING CODE CC S: '.TION 10.22, SUBDIMSIONS 1 AND 2 FILE NO. ^624 ^ 3rxV5'/ WHEREAS, Roger Olsen and Elizabeth Olsen (hereinaRer "the applicants") ore ouners of the propert>’ located at 815 Panenwood Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 2, Block 2, Partenwood (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for the renewal of variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 to allow the remodeling and e.xpansion of the existing residence to include a four stall garage and additional living space located 34’ from the 929.4 ordinary high water mark where 75' is required and requiring a hardcover variance of 4,413 s.f. (15.3^o) where 5,815 s.f. (20%) is e.xisting and none is allowed as showTi on Exhibit A. Minnesota: NOW, THEREFORE, BE IT RESOL\TD by the City Council of Orono, 1. 2. FINDINGS This application was reviewed as Zoning File #^2624. The property is located in the LR-IB Single Family L'*keshore Residential Zoning District requiring one acre in area. The property consists of 1.02 acre. 3.The Orono Planning Commission reviewed this renewal applicati.nn on October 16, 2000 and recommended approval of the proposed variances based upon the following findings: 1. The proposed additions would not ftuther encroach on the OHWl.. Page 1 of 5 1 ClTYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 S 5 0 2. 3. The configuraiion of the lot severely restricts the allo^^nble building pod. The amount of hardcover in the 0* to 75* lakeshore setback would be reduced from 2034 to 15.334. The Cil>’ Council finds that the conditions existing on this propert)’ arc peculiar to it and do not apply generally to other propert>- in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properl>’; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the Cit>’. 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. CONCLUSIO.NS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 to allow the remodeling and expansion of the existing residence located 34 ’ from the OHWL where 75* is required and hardcover of 4,415 s.f (15.334) in the O’ to 75* lakeshore setback where 5,815 s.f. (203'o) is existing and none is allowed. 1.All plastic under landscaping must be removed in the 0* to 75* lakeshore setback prior to any new construction. 2. 3. No further variances will be granted to this property in the future. Authorities granted by this variance run with the property not with the applicants, but an permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (October 23, 2001). Page 2 of 5 iMH ’ ClTYofORONO RESOLUTION OF THE CITY COUNCIL NO. 4 R 50 5. Violation of or non-compliancc 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 under, igned 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*. Any substantial changes or revisions to the plan in Exhibit A will require reconsideration by the City Council. Adopted by the City* Council of the City* of Orono, Minnesota at a regular the 23rd day of October, 2000. . r)£ Property 0\vner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of October, 2000, by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 5 €ITYofORONO RESOLUTION OF THE CITY COUNCIL NO. ^ S 0 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) Onthis l*^y^^dayof iVi^nrirti for said county, personally appeared 200/ before me a Notary Public within and C I S' I 1 kaov\-n to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. ^ C-. L ^ fC. Notar>' Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of I r»--t~urin{ for said county, personally appeared J 200 before me a Notary Public within ai d .* •> * > /y 1 I' I •*'. 'rO r /-■ , fj known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) e.xecuted the same as his (tlu*ir) free act and deed. RACHa DODGE wrMYMuc-MMcaorA > \cii ( i\c^ Notary Public 0 M Page 4 of 5 , '_rrrv M 33U4:j.'iO e o^ncEorncneasniMi P5 OFTITIES g) HCNNEPM COUNTY, HMNESim ^ CElWItiOFluSoS^ ” MAR 022001 ^*^ ^afiTRARSmifisnv L — 2o/fc. ‘ f4l *^ct\ ji MINUTES OF THE ORONO PLANNING COM^USSION MEETING _________Monday, October 16.2000 ROLL The Orono Planning Commission met on the above date with the following members present: Chair Elizabeth Hawn, Commissioners Jay N>gard, William Stoddard, Dale Lindquist. Janice Berg, and Daniel Kluth. Commissioner Sandra Smith was absent. The following represented City Staff: Senior Planning Coordinator Michael Gaffron, Zoning Administrator Paul Weinberger, Assistant Zoning Administrator Wendy Bonenberg, and Recorder Jackie Young. City Council Representative Barbara Peterson was present Chair Hawn called the meeting to order at 6:31 p.m. PUBLIC HEARINGS («1) #2624 ROGER OLSEN, 815 PARTENWOOD ROAD - RENTWAL VARIANCES, 6;3l p.m. - 6:37 p.m. Roger Olsen, Applicant, was present. The Certificate of Mailing and Affidavit of Publication were noted. Bottenberg stated the Applicants are requesting to rc'bia^fi^^^|^tfl*hat were granted in November, 1997, October, 199S, and October, 1999. would like to expand and remodel the e.xisting residence to include a four stall garage and additional living space. Varices were approved by the City Council for lakeshore setback and hardcover in the 0-73’ zone. Variances were required for remodeling to the txisting residence that is located 34 ’ from the lakeshore where 75’ is rrnuired. A hardcover variance in the 0-75’ zone s required to allow 13.3 percent where 20 percent e.xists and zero is allowed Bottenberg stated the lot conforms to lot area, lot width, and side >”ard setback requirements, with the e.\isting residence being located within the required lakeshore setback. The proposed plan reduces the amount of hardcover in the 0-73’ setback. Cit> Staff recommends renewing the variances for lakeshore setback and hardcover in the 0-75’setback. Olsen stated he has renewed the variances in the past due to financial issues and may not be able to complete the project this year either. Olsen suted he would like to undertake this project in the future, and inquired w hether it would be best to let the variances e.xpire or to continue to renew them. Hawn inquired what would happen if the v’ariances were allow ed to lapse. Gaffron stated it the variances lapsed, the Applicant would need to submit a nexv plan and pay a new fee. Gaffron noted the Applicant is only required to pay one-half of the fee if he requests renewal. PAGE I NnNUTES OF THE ORONO PLANNING COM>nSSION MEETING _________Mondiy, October 16,2000 (A^2624 Roger Ohen, Continued) Hawn commented she does not have a problem with renewing the variances. Lindquist stated he also docs not have a problem with the renewal. TTiere were no public comments regarding this application. Hawn moved, Lmdquist seconded, to recommend approval of Application #2624, Roger J. Olsen, 81S Partenwood Road, renew ing of the variances for lakeshore setback and hardcover in the 0-75’ setback. VOTE: Ayes 6, Nays 0. 2571 DOUG AULT AND JIM GINTHER, 2739 SHADY'WOOD ROAD, AiiTCR-THE-FACT VARIANCE, 6:38 p.m. - 6:48 p.m. Jim Gimlwr and Doug Ault, Applicants, were present. The Certificalc^f Mailing and Affidavit of Publication w ere noted. Weinberger stated the Applicants arc requesting an after-the-fact variance to permit c.xpansion of a parkin^ea constituting additiorjl brdcover within 75 ’ feet of the OHWL of Lake Minnetonka, ^ Weinberger st^ed this lot is lobqted near the Narrows Bridge, w ith appro.ximately a half dozen lots being independently owned with^^roidcnces being located in this area. Weinberger stated the lots were onginally pbttcd in the I WQs w|^cinientmervc the residential lots in the neighborhood. Smee the 1950s. scvcraWifiriots haw been sold off into private ownership. The Applicants share ownership of the lots x^ich contains m o mooring areas for boats. In 1999 the City of Orono had re«nctcd parking and had>laced no parking signs along Coun^ Road 19. Smee thLe°lo^^"* the CityV^w faced with the creation of parking for each of Weinberger stated this is an after-the-fact variance requesfbecausc the existing parking area f four hardships, with tlw|)rimary hardship being that these docks have existed for a number of years, with the hardship bSi« that a minimum < ri 0 Por*nng spaces are needed since there are mo property owners. WeinMuer stated the gravel parking area xxnuld allow the area to be bener maintained rather than 5>ermit one car to park on the grass. Augi^^2000 approval of the application based on the hardships Ustedm Gmthcr stated Weinberger has represented the situation quite well, and due to the fact that there PAGE 2 MINUTES OF THE ORONO CITY COUNCIL MEETING _____ October 23,2000 _____ •(#11) #2620 PAUL PUSCUZ21,3320 NAVARRE LANX - AFTER-THE-FACT VARIANCE - RESOLUTION NO. 4548 Flint moved, Sansevere seconded, to approve and adopt RESOLUT^ON^O. 4548, a Resolution approvins a variance to allow placement of an acce^sofy structure between the principal building and the front lot line where no ucetssofy'i(ructurcs are normally allowed and 15 feet from the front lot line where 30/eefis required for the property located at 3320 Navarre Lane. VOTE; Ayes 3, Nays' •(#12) #2621 JAMES BARTI RESOLUTION NO. 4545 flS TOGO ROAD - PRELIMINARY PLAT- Flint movedj^^ailsevere seconded, to approve and adopt RESOLUTION NO. 4549, a Resolutionifpproving preliminary plat subject to the conditions outlined in the Resolution. VpItT Ayes 3, Nays 0. •(#13) #2624 ROGER OLSEN, 815 PARTENW'OOD ROAD - RENEWAL VARI.ANCES RESOLUTION NO. 4550 Flint moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4550, a Resolution granting renewal of variances to allow the remodeling and expansion of the existing residence to include a four stall garage and additional living space for property located at 815 Partenwood Road, subject to the conditions outlined in the resolution. VOTE: Ayes 3, Nays 0. (#l>Ai;^L^LAR THORKELSON, 440 BIG ISLAND, AFTER-THE-FACT VARIANCE Mrs. Willmar Thfl^lson and John Waldron, Attomey-at-Law, were present. Bottenberg stated the Apphe^ts have requested an afler-the-fact variance to permit a 12’ by 24* storage shed to remiin^ this property located on Big Island. The shed is currently located 23 feet from a platted, dedicated right-of-way where 30 feet is required. The Planning Commission voted 3 to 3 on a motion to recommend denial of the variance to permit the storage shed to remain on the property!'^ the opinion of the Plartning Commission members favoring denial that permitting the storage sMdiqremain would set a negative precedent The Planning Commission members would not have voted fohtl\e plan as is, but would favor the sixe of the shed be decreased or moved to meet the required setbaclcv. It was the opinion of the Planning Commission members favoring variance'^pproval that permitting the storage shed to remain was acceptable because only a small portion of the storag^hed was in the setback. The platted, dedicated right-of-way is not and is not intended to be dev^pe^treet within Big Island and because the building is in the most appropriate location on the lot because of the topography. PAGE? 1 ApplicatloD Data: 9/20/00 Compictloo Dale: 9/20/00 60 Day Dcadlint: 1 1/20/00 REQUEST FOR COUNCa ACTION Department Approval: Name Wendy Donenberg Title Zoning Adminstrator/PUnner M'! V. DATE: ia-23/00 - ITEM NO.: 11> Agenda Section; Zoning Item Description:it2624 Roger Olsen 815 Panenwood Road Variance Renewal Zoning District: LR-IB One Family Lakeshore Residential District (I Acre) Lot Area: 44^25 s.f. (1.02 acre) Lbt or Exhibits: A Resolution B Notice of Planning Commission Action C Staff Report and Exhibits of 10/162000 Application Summary*: The applicants are requesting approval to renew variances that were granted on October 25, 1999, October 26,1998 and November 24,1997 to allow e.xpansior. and remodeling of an existing residence to include a four stall garage and additional living area. Applicants have indicated they hope to begin this project within the ne.xt year. I. Section 10.22, Subd. 1(A): Lakeshore Setback Regulations: No principal building shall be located closer than 75 feet to the natural ordinary high water mark of a lake abutting the property. To allo w remodeling per the plan in Exhibit A of the resolution where the residence is currently located 34' from the l^eshore where 34' is proposed and 75* is required. 2. Section 10.22, Subd. 2 and Section 10.56, Subd. 16(L)(1). Hardcover in 0*75': Permit 4,413 s.f. (15.3Vo) hardcover in the 0-75* where 5,815 s.f. (20%) e.xists and 0 s.f. (0%) is allowed. planning COMMISSION; The riarming Commission reconur %nded by a 7 to 0 vote to: Approx e the application as presented. STAFF RECOMMENDATION; To approve the enclosed resolution. COUNCIL ACTION REQUESTED; To adopt or amend the enclosed resolution. A RESOLUTION GRANTING RENEWAL OF VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22. SUBDIVISIONS 1 AND 2 FILE NO. 2624 Lot 2, Block 2, Partenwood (hereinafter "the property"); and , K, ■ ■ t applicants have appUed to the City for the renewal of variances to Municpal Zoiung Code Section 10.22, Subdivisions 1 and 2 to allow the remodeling and '’■a°r ^“|f"ce to mclude a four sail garage and additional living space located o4 from ’29 4 ordinary high water mark where 75' is required and requiring a as showTi on Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,Minnesota: 1. 2. FLNDINGS This application wus reviewed as Zoning File #2624. ‘->l'«hore Residential Zoning Distnct requmng one acre in area The property consisu of 1.02 acre. ISCotninission reviewed this renewal application on October follosrg“nd!rgs '*'* I. The proposed additions would not further encroach on the OHWL. Page I ofS 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically te^inate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. 6. Any substantial chuigcs or revisions to the plan in Exhibit A will require reconsideration by the City Council. Adopted by the City Council of the City of Orono, Miiuiesota at a regular meeting held on the 23rd day of October, 2000. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner (s) “ ------------------------ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) foregoing instrument was acknowledged before me on tins 23rd day of October. 2000, by Gabnel Jabbour and Linda S. Vee, Mayor and City Clerk of the Cit\* of Orono, a Minnesou municipal corporation and said instrument was executed on behalf of the City. Notary Public Pages of 5 STATE OF NflNNESOTA ) )ss. COUNTY OF HENNEPIN ) On this .day of. for said counl>', personally appeared 200_before me a Notary Public within and known to me to be the person(s) described in and who executed the foregoing instrument,and acknow ledged that he (they) executed the same as his (their) free act and deed. Notarj- Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this .day of for said count)’, personally appeared 200_before me a Notar)’ Public within and known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 4 of 5 I LA:<2 ,VIINVseTO.V<A KV\IN cntcy ENTRY PLANTING • irriiT rr^nirr-xi r»i amtimo CITY OF ORONO P.O.Box 66 Crystal Bay, MN 55323 612-249-4600 ZONING FILE U 2624 NOTICE OF PLANNING COM>USSION ACTION DATE OF NOTICE: October 17,2000 TO: Roger Olsen 815 Partenwcod Road Long Lake. NIN SS3S6 COPILS: TYPE OF APPLICATION: Variance Rene\\Til DATE OF MEETING: October 16,2000 VOTE: 6 FOR 0 AGAINST Planning Commission recommends the following: Approval as submitted. Applicant*! next scheduled meeting Is confirmed as: City Council on October 23,2000 at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. / FROM: DATE: Chair Hawn and Orono Planning Commission Member) Ron Moorse, City Administrator Wendy Bottenberg. Zoning Administratoi/Planner October Id. 2000 SUBJECT:*2624 Roger!.Olsen 815 Paitenwood Road Variance Renewal - Public Hearing Zoning District: LR-IB One Family Lakeshore Residential District (I Acre) Lot Area: 44.225 s.f. (1.02 acre) LblofExhibiU A Application B Report from previous renewal (10/25/99) C Minutes from previous meetings (PC- 10/18/99, CC- 10/25/99) D Res. 4367 The applicants are applying to renew variances that were granted on November 24,1997, October 26,1998 and October 25,1999. The plans are to expand and remodel the existing residence to include a four stall garage and additional living area. VariMces were approved for lakeshore setback and hardcover in the 0-75* zone. Variances were required for remodeling to the existing residence that is located 34’ from the lakeshore where 75‘ is required. Also hardcover in the 0-75’ zone where 4,413 s.f. (15.3%) proposed, 5,815 s.f. (20%) e.xists and 0 s.f. (0%) is allowed. Staff Recommendation : The zoning lot confor^ to lot area, lot width, and side yard setback requirements. The existing res'.dence is located within the required lakeshore setback. The proposed plan reduces the amount of hardcover in the 0-75* setback. The e.xisting amount of hardcover on the site is 10,228 s.f. (23%). The proposed plan is for 6,595 s.f. (14.9%) total hardcover on the lot. Staff recommends renewing the variance for lakeshore setback and hardcover in the 0-75* setback 02624 Roger J. OUen SIS Partenwood Variance Renewal page! 1 i A) AppCcatlon #_ CITY OF ORONO - VARIANCE APPUCATION Initial Application Fee S250.00 (S50.00 per each additional variance) Renewal Variance Fee SI50.00 (no change from original application) Variance for non-conforming structures S250.00 Afrer-the-Fact Fees (Double application fee) Date Receh-ed 9/Oc/t^ Amount Paid /S‘0. % PROPERTY INFOI^IATION Site Address 'i>/^ Property Identification Number (P.I.D.^ Ar.ach legal description to application if not mcluded on required survey. Date ProgjsdjcAcquired,S‘-’SO-9'7 I (do)(f^n^ also own the adjacent parcels of land. Present use of property: X residential ___pother (specify). Zoning District: If), a H. L R- IR_______ _(monti:/year) ^ • * V. applicant Name Rcn^y J OLu Aidress: ff/C /7>> ■rX 9. >•/ Phone rhQtne’i 9- HV-17'.^ ____ Pho.ne rv.Ttfk^^ra- City: __________Zip: | . 0^^'NER (if different than applicant) Name _____________________ Phone (home). Phone ^vork)_ fcr. Address:.City:. description of request Describe request in detail: __ Estimated Construction Cost S. (attach additional sheets if necessary) VARIANCES REQU; IlED Lot Area ____Lot Width Front __Side O'Jter (specify) / Hardcover Lot Coverage Setback:__Rear ___ Average Lakesbore tACT /' hardship /description of unusual property conditions Describe undue hardship or practical difficulty or unusual property conditions prevenung compliance vrith Zoninf Code requirements:. ----------- (attach additional sheets if necessary) REQUIRED SUBMITTALS 1. 2.---- Corapleied Application Form Fm««. A-603.“51. WDcls and map f Fmance, A-603, Govt Center, 348-5910) i-^cpanmcni ot teproducUon. ^ ^ »“ (*) “PX X 11" for 5. 6. reproduction. ------------' v*; copy 8/,- x IP for Sketches or plans of floor & elevatio * "productioa 7. 8. __ As an ad^ndum to this aDohM-^*^?^ of appbcant(s) if not current owner(s). dmonal items as may be requested by Cit>- staff. VlWUCi^Sy* separate list of any other by Cit>- staff. APPLIC^T’S SIGNATURE Admidstfotor, agre« Wpay addUbo^f**' »f requested by the Zoning and/or consul’,anT e“pL‘S' be !f onl-^' P*F"«0 infonnation supplied is Uuer deor«c,,o be'best oJ hisW^^^^ cenlHes bat be Applicant’s Signature X yny'P Date 9'-':^ S“LT”e,^r P'“^S month. Applicants must be V«ent at ^11^1111^**1 T Monday of each Commbslon and Council If an anolira • *^*^“**** review meetings of the Plaaning make arrangements to have'an Llhori/.H . “ ® ^<^htdi^cd meeting, please & Zoning Office of this change prioTto TLT^l “ Application Date: Completion Date: 60 Day Deadline: 9/22m 9/22/99 11/21/99 REQUEST FOR COUNCIL ACTION DATE: 10/2a'99 ITEM NO.: h Department Approval: Adminbtrator Resietved: Name Wendy Bottenberg Title Assistant Zoning Administrator/Planner Agenda Section: Item Description:#2531 Roger J. and Elizabeth Olsen 815 Partenwr od Road Variance Renewal Zoning District:LR*1B One Family Lakeshore Residential District (1 Acre) Lot .Area:44.225 s.f. (1.02 acres) Application: The applicants arc requesting approval to rene v variances that were granted on November 24, 1997 and October 26, 1998 to allow expansion a'ld remodeling of an existing residence to include a four stall garage and additional living area. Tnc requested variances are for; 1. To allow remodeling per the plan in Exhibit A of the resolution where the residence is currently located 34* from the lakeshore where 34 ’ is proposed and 75* is required. 2. To allow 15.3% (4,413 s.f) of hardcover to be located within the 0’-75* lakeshore setback where (20%) 5,815 s.f. is e.xisting and none is allowed. PLANNING COMMISSION RECOLMENDATION. To approve renewal of the requested variances on a vote of 7-0. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED To adopt or amend the enclosed resolution. A RESOLUTION GRANTING RENEWAL OF VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2 FILE NO. 2531 WHEREAS, Roger Olsen and Elizabeth Olsen (hereinafter "the applicants") are ON^Tiers of the property located at 815 Parten\^*ood Road wthin the City of Orono (hereinafter "the City") and legally described as follo\\3: Lot 2, Block 2, Partenwood (hereinafter "the propert}*"); and WHEREAS, the applicants haw applied to the Cit>* for the renev^-a! of variances to Mumcipal Zoning Code Swtion 10.22. Subdivisions 1 and 2 to allow the remodeling and expaniion of the existing residence to include a four stall garage and additional liWng space located 34* from the 929.4 ordinary high water mark where 75' is required and requiring a hardcover variance of 4,413 s.f. (15.3%) where 5,815 s.f. (20%) is e.xisting and none is allowed as shown on Exhibit A. Minnesota: NOW, THEREFORE, BE IT RESOL\TD by the City Council of Orono. FINDINGS This application was reviewed as Zoning File #2531. The property is located in the LR-IB Single Family Lakeshore Residential Zoning District requiring one acre in area. The property consists of 1 .02 acre. The Orono Planning Commission reviewed this renew’al application on October IS. 1999 and recommended approval of the proposed variances based upon the following fmdings: 1. The proposed additions would not ftirther encroach on the OHWT. Page 1 of 5 I 2. The configuration of the lot severely restricts the allowable building pad. 3. The amount of hardcover in the O' to 75* lakcshore setback would be reduced from 20% to 15.3%. 4. The City Council finds that the conditions e.xisting on this propern- arc peculiar to It and do not apply generally to other property in this zoning district; that grantmg the variances would not adv-crsely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merclv serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property ri^ght of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City-. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safet\- and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono Cit\- Council herebv grants variances to Municipal Zoning Code Section 10.22, Subdivisions I aAd 2 to allow the remodeling and expansion of the e.\isting residence located 34' from the GHWl. whe* 75’ is t^ui.^ and hardcom of 4„15 s.f. (15.3%) in die O' to 75' lakcshore setback where 5,815 s.f. (20%) IS existing and none is allowed. 1. 2. 3. All plastic under landscaping must be removed in the 0’ to 75' lakcshore setback prior to any new construction. No further variances will be granted to this property in the future. Authorities grated by this variance run with the property not with the applicants, but an i^^ssive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (October 25, 2000). Page 2 of 5 Violation of or non-compliance with any of the terms and conditions of th^s 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 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. Any substantial changes or revisions to the plan in Exhibit A will require reconsideration by the City Council. Adopted by the Cit>' Council of the City of Orono, Minnesota at a regular meeting held on the 25th day of October, 1999. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Propert)- Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 25ih day of Octobei, 1999, by Gabriel Jabbour and L.nda S. Vee, Mayor and Cit>* Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was e.xecuted on behalf of the City. Notary Public Page 3 of 5 1 L.. STATE OF NflNNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of. said coun^, personally appeared 199 _before me a Notary Public within and for .jiown to me to be the personfs) described in and who executed the foregoing instrumeoi.and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF NflNNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of said county, personally appeared 199_ before me a Notary Public within and for known to me to be the person(s) described in and who executed the foregoing instrumeoi.and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBUC Page 4 of S ¥ < I Ui L/OCS MINNETOiV<A 0OST1NG HOUSE- SHADED AREA . J \aain entry 7 Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: DATE: Wendy Bonenberg, Assistant Zoning Administralor/Planner October 8.1999 SUBJECT; #2531 Roger J. Olsen 815 Partenwood Road Variance Renew-al ~ Public Hearing Zoning District: Lot Area: LR-IB One Family Lakeshore Residential District (1 Acre) 44,225 s.f. (1.02 acre) This application requires the follovring variances: Section 10.22, Subd. 1, Lakeshore Setback Regulations Section 10.22, Subd. 2, Lakeshore Hardcover Requirements Section 10.24, Subd. 5(B), LR-IB Lot Requirements Application Summary: The applicants rece\ed variances to expand and remodel the existing residence to include a four stall garage and additional living area. Variances were granted on November 24,1997 and October 26,1998 for lakeshore setback to be located 34’ from the lakeshore where 75' is required and for hardcover in the 0'-75’ setback where 20% (5,815 s.f.) was e.xisting and 15.3% (4,413 s.f.) was proposed. i’iJ/ RogtrJ Olsen 81 S Porte ri*ood Varionee Renews PC-im99 page-1 ANALYSIS Lot Area and Yardt LR'IB District Standards Lot Ana lot Width Strgit Yard Side Yard Lakdsuie Yard 1 acre 140 ft.35 ft.10 ft.75 ft. Subject Property Lot Area and Yards Lot Ana Lot Width Street Yard Side Yard Lakeside 1.02 acres 225 ft. at 75’ setback; 357 ft. at OmVL 37 ft. (existing) 35 ft. (proposed) 46 ft. (existing) 20 ft. (proposed) 34 ft. The existing residence does not conform to the current lakeshore setback regulations. The homeowner ’s association has more restrictive side yard setbacks than the zoning district, therefore the garage was placed 20' instead of 10' from the side yard setback. Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0'-75'28,810 sq. ft.5,815 sq.ft. (20%) None 4,413 sq. ft. fl5.3%) 15.3% 75'-250’15,415 sq. ft.2,995 sq. ft. (19%) 25%i,600 sq.ft. (23%) None The applicant was granted a hardcover variance in the 0*-75' setback to reduce the amount of hardcover from 20% to 15.3%. »23Sl RogtrJ. OUut S!5 PertenHvod Varlenct Rtntwe^ FC-t0m9 pes*-2 .uiaMiaii Statement of Hardship : Sec Exhibit B <;tafF Recommendation: The zoning lot conforms to lot area, lot width, and side yard setback requirements. The existing residence is located within the required lakeshorc setback. The proposed plan reduces the amount of hardcover in the Cy-TS' setback. The existing amount of hardcover on the site is 10,228 s.f. (23%). The proposed plan is for 6,595 s.f. (14.9%) total hardcover on the lot. Staff recommends renewing the variance for lakeshore setback and hardcover in the 0'-75' setback. Attachments A Application B Applicant's letter C Architect's letter D Elevation E Site Plan F Hardcover worksheets G Minutes from previous meetings (10/20/97,11/17/97,11/24/97) H Res. 4004 I Minutes from previous meetings (10//19/98,10/26/98) J Res. 4185 WiJ/ Roger J. Olsen 813 Partenwood Variance Renewal PC-lO/8/99 page-3 AppBcmtlon Date Received CITY OF ORONO - VARIANCE APPLICATION Initial Applicadon Fee S2S0.00 (S50.00 per each additional variance) ^ Renewal Variance Fee SlSO.OO —^ (no change from original application) Variance for non-conforming structures S250.00 Afrer-the-Fact Fees (Double application fee) Amount Paid /SO' PROPERTY' INFORMATION Site Address Property Identification Number fPJ aS- */30003 Atuch legal description to application if not included on required survey. Date Propc^ Acquired_________ SiSoh? I (do) (doflW also own the adyacent parcels of land. Present use of property: X residential ___pother (specify) 7r>ning District: LA~fS_____.Srcc’C»'IWVM j(month/year) APPLICANT A F. Name ,T- OlsCjJ Ajdress: V’/S' City:. 0\N7'ER (if different than applicant) Name_________________________________ Phone (home) ^lt’173Z Phone (work) V/ 7 - '/30^ _______Zip: SS350 Phone (home)_ Phone (work)_ t f Address:City:.Zip:. DESCRIPTION OF REQUEST Describe request in detail: __ Estimated Construction Cost S. (attach additional sheets if necessary) VARLANCES REQUIRED Lot Area ___Lot Width Setback:Front Side Hardcover Rear Lot Coverage Average Lakeshorc VL. Other (specify) f-£f/lwAL HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: __________________________________ (attach additional sheets if necessary) d) 3. __ 5. 6. 7. 8. required submittals follOT^ing information mmt hg <ubniftted bv ttie aDDHcaHon flatf inordeiLfor VQur aDDlicarinrMo be qtiqimc niTf in Completed Application Fora “ap (you Finance, A-603, Go« Cete;, SciJaHnn,°^ ® licensed surveyor) and include hardcover reproduce ^ ^^^hic sur^y (existing and proposed elevations) if any changes in existing S^tch^ rrS°^ (^) copy X 1 r for reproductionSketches or plaw of floor & elevauon views (provide one (1) copy 81^- x 11"). List of the legd names (mclude marital status) of all persons with an interest in a! fninT of appUcant(s) if not current owncr(s). application, please attach a separate list of any other persou you wish cotifled of this application. Additional items as may be requested by City staff. APPLICANT'S SIGNATURE ^e appUc^t hereby agrees provide all information required or requested by the Zoning A^mstrator, agrees to pay additional fees (staff lime not covered by original fee payment) Md/or consultant expenses meuned in review of this application, and certifies that the infonna jon supplied is true and correct to the best of his/her knowledge. Applicant’s Signature __ Date 0\VN’ER'S SIGNATURE acknowledges and agrees to this application end further authorues reasonable entry onto the property by City staff, consultants, agents. Commission members, and CouncU members for purposes of mvestigation and verification of this request. Ownefs Signature-------^/2/r^ Date AppUcant m^t have submittals into the City offices 25 days before the Planning Comrassion Meetmg. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning ^ applicant is unable to attend a scheduled meeting, please September 22.1999 The City ofOrono From: Roger Olsea Subject: Renewal of Variance for my home at 8 IS Paitenwood Road. I am requesting a one-year extension of the existing variance on my property due to the following circumstances: Several general contractors have turned down my project after initiating the bid process due to a n lack of time and their inability to get reliable commitments from their sub contractors. - | After receiving a firm bid four weeks ago from a general contractor willing to do the project, the price is over one hundred thousand dollan higher than my initial expectations and financial \ ability at this time. This represents a 25% increase in construction costs over the initial estimauj. Thank you for your considering this renewal variance. Sincerely, Roger Olsen lift I ti _____ . 5 November, 1997 AI.i:\ANI)l K To the City Planners of Orono: In response to your Inquiry about the extent of remodeling to take place at 815 Partenwood. I will describe to you the scope of the work.DI-SK.N l.KOt i* After being on the market for over a year, the Olsen’s purchased the property in June with the Intent of Immediately remodeling the house. The house has a sagging roof that is in need of re-construction. The structure is of 2x4 wall construction & not up to current energy codes, is in need of window replacement, the porch foundation is in need of replacement,as well as needing much updating to pass any building inspection for current code compliance. Much of the current foundation will remain. Foundation will only be removed at areas where the house is being exp^'ded. The porch foundation will be re-bullt. The lower level is walkout and has a sub-standard wall which can either have 2x6 studs piggybacked ^o the existing studs or we wouid rebuild the wall. Rebuilding the wall is a much preferred methjd of r/?modeli»'g and what we hope to do. The same options of construetioii can 0# applied to the main floor walls that will remain. The main floor Is currently cantilevered at lakeside further than current codes allow for cant's, so we will need to cut it back and re-build it without cantilevers Given that the whole main level lakeside wall needs to be re-built to eliminate the cantilever, it has been suggested by contractors to rebuild the floor- for several reasons- to improve constr. & eliminate rebuilding of sub-standard areas, to raise the height of the lower level to current ceiling heights, and allow for clear spans. This concept has now been Incorporated into our plans. The ceiling plate heights will be raised and a totally new roof truss system Installed The exact size and shape of the existing and proposed house are shown overlaid on the site plan submitted for variance. If you have any questions"” please feel free to contact the Olsens or myself. ^ Sincerely, *• . 1 \5T UVAi ft.?£ET Kathryn Al^ander V. K^Z^TK (612) rx\ ««:j rj.i222 LwtesiD\5feLeV/HTlow ii^ .l.i^iiiitijip^p #9 o. 7'A •^^5/ 5 Ok bOlkeA'^ 1-Xk£4>t06 ELfr^i*;Tl<^ggVjggPr-P^f* •«■••« «^f*. * ou^04 faC44004cC i . j'.v V rr ■■r -s y^--. ■• StSi,: I *A Ul A I •o ! lf/20/«T 10:04 *^*M^AltDU6vER CALClS^io^ION^WORKSHEET SETBACK ZONE: (CIRCLC ONE) EXISTING HARPgQvrw iv rovr A. House -V ©7>3S0*2S0-9Q0‘(tof J.) LenjafJ W*i«h /L.eh^ S.F. S.F. S.F. S.F. B. C. Carast Driveway - \r\AoAaA \<\ A^.S P D. S-dewalk E. Patlot'Deck F. Lasdscape Underlain By Plastic O. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERI Y AREA IN ZONE _ _ _ _ _ _ _ _ _ _ _ _ _ ■ •«- B X ICO - PPQPnSEP TTARPgnVTft IN ZOVE A. House B. C. Garage Driveway D. Sidewalk E. Pailo/Dcdc l\&t^ ^COKlG. - F. Licdseape Ucderlala By Plastic O. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ______________ 4. B_____X 100 •> S.F. ________S.F. S.F. S.F. A1 A S.F. S.F. Uo4rt S.F. S.F. S.r. S.F. <55. ftles._______ S.F. AI/^ S.F. ______3dCL—^ ^.Iog>Q S.F. S.F. S.F. S F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. Hardcover calculation worksheet SETBACK ZONE! (CIRCLE ONE) 0-7S* EXISTING HAWDroVFR A House ^ 250-500*500-1000* _2aSn_s.F. S.F. S.F. S.F. B.Gartfe X m S F C.Driveway X m S.F. X m S F D.Sidewalk X m ***** S.F. X m c p E.Paiio/Deck X m X m S.F. F.Landscape S.F.Underlain X m S.F.By Plastic m S.F. 0.Other X m n S.F. total hardcover in zone S.F. TOTAL PROPERi-Y AREA IN ZONE .S.F.A -+ B X 100 -% PROPOSED hardcover tn 70V]p; A. House k 'h'hn S.F. Unith X m S.F. X m S.F. X m S.F. B.Garage a S.F. C.Driveway + x ^^\^ars S.F. X m S.F. D.Sidewalk m 1.S.F. X m S.F. E.Paiio/Deck X l An S.F. X a S.F. F.Landscape X n S.F. Underlain X a S.F.By Plastic X m S.F. G.Other X m r>S.F. TOTAL HARDCOVER IN ZONE S.F. total PROPERTY AREA IN ZONE •\th. X\^S.F.•A + B X 100 -ft .^e minutes of the orono planning commission MEETINO HELD ON OCTOBER 20.1997 Cr (#12 - #2304 Deborah ShoU - Coatmued) Schroedcr moved, McMillan seconded, to approve Application #2304. Vote: Ayes 6, NaysO. ^ (#13) #2305 ROGER AND ELIZABETH OLSEN, 815 PARTENWOOD ROAD - VARIANCES - PUBLIC HEARING 10:45-11:05 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Brcssler reported that the application is for remodeling and expansion of an existing residence to include an attached 4-stall garage and loop driveway requiring a lakeshote setback, and hardcover variances in the 0-75 ’ and 75-250' lakeshore setbacks. A reined survey wzs presented. Bressler indicated that due to the lot configuration, the building pad on the lot is restricted. Staff recommends approval of the application subject to ^ conditions noted which include elimination of the loop portion of the driveway, plastic under la-idscaping, and with the notation that no further hardcover would be allowed in the ftiPire. Brcssler reported that the applicant has agreed to remove the plastic under the landscaping. Olsen said the plans have changed due to the homeowners' association covenants req-iring a 20' side setback. The plan currently calls for a 10' side setback. He would like to move the design down 10' to satisfy this requirement. Hawn said in order for this to occur, a new plan would have to be submitted. Bressler noted that hardcover calculations would change. Berg questioned what existing foundation and walls would be used. The existing foundation and walls to be used were noted. The house is a walk-out style. Lindquist said he would agree in principle to this change but would require reviewing the plan. Olsen said there was a time limit problem for beginning construction this year. HavMi asked about the elimination of the loop and location of the well. Olsen said he has reduced hardcover 1185 s.f. in the 0-75' setback with the elimination of driveway and retairung walls. The applicant’s designer asked if approval could be based on percentages end changes meeting the percentages required. QKGUO PLANNING COMMISSION MEETINO HELD ON OCTOBER 20,1997 (^#13 - #2305 Roger and Elizabeth Olsea - Cominucd) ---------- Berg said she would Ukc to see . hi® *' *'*“>' 35''» 32' and asked if that was abig consideration. He was informed that Lindquist that it was a consideratiotL Schroeder questioned the need for 4 garage sails. S^cOTenMh® ™*f plan eliminate the 10' within the setback that is in question by Schroeder moved, Berg seconded, to table Application ^52305. «sod«iorHTlJlCn’^'‘‘';°' P'"'"' *a homeowners' restrictive covi. P®"” lia architectural committee regarding their He said the homen * **' "a*"'i'oas are more stringent than those of the City. Vole: Ayes 6, Nays 0. ANIffTf^ IN 3355 CRYSTAL BAY ROAD>V4Rl^CES - PUBLIC HEAraNG 11:05-11:10 PJW. i^’erti^at^f Mailing were noted.The Affidant of Publicatio The Applicant was present. Photos were shovs'n of the Dc^erty. deA'bowU attl^d to m r Propos'ing constructianb^282s.f. carport with a an s^fside setback, laiceshote setback, and 0-75' and 75-250' setback^Stdeover. \ MINUTES OF THE ORONO PLAJ'INING COMMISSION MEETING HELD ON NOVEMBER 17.1997 \ Vole; Ayes 5, Nays 0. ^ (#3) #2305 ROGER AND ELIZABETH OLSEN, 815 PARTENWOOD ROAD - VARIANCES - 6:47-7:03 P.M. The applicant and architect, Kathryn Alexander, were present Bressler presented pictures of the property. The applicant is proposing remodeling and expansion of the residence to include a 4-stall attached garage. The application requires variances for lakeshore setback and hardcover in the 0-75' setback. There is no problem with average lakeshore setback as noted in the topographical map. The residence currently has a 3-stall side loading garage. The driveway configuration has been changed. The existing residence encroaches the lakeshore setback. The allowable building space is limited by the property. Only a portion of the existing foundation will remain; further information is included m the packet. The total hardcover is proposed at 19%. The 1.02 acre property is located in the one acre zoning district with 3/4 acre in the 6-75' setback. The street setback is also restricted. Bressler reported Staff recommended approval subject to maintaining a 34’ lakeshore setback from the designated OHW where 75' is required. Encroachment on the lakeshore setback will not be increased by the improvements. Staff recommends hardcover be maintained at a ma.ximum of 14.5% in the 0-75' lakeshore setback where 20% is existing, 16% is proposed, and none is allowed. Bressler indicated that the amount of existing hardcover excluding landscaping underlain by plastic is 14.5%. This figure could lugely \ =-T„-r;“=r::;;:r-- c,»««K«n«.of„cwco„mKUo. ■bo »»commen<b that no fiuthet hud. future. cover vuiaices be granted to this property in the ;~-=r~:rr=-~ ■ Hawn Wottned the applicant that trading hardc'over for lutd,raping underlain plaattc is not the same and doe, no, jt„,ify <}ut,t uid he agreed noting there is a luge amount of structure on the property and is 0 e opimon tnat the appl.c«,t should maintain the 14.5% hudcover mavimnn, StoddardashedBresslertoexplu-nthesuggestionsforhardcoverremoval. Alexander thehardcover«,uldsUllbeoverl4.5%. Bress.erinformed • McMillm Urat he arrived a, the 14.5% by subtracting die landscaping underlain utth ,^«dctornthehudcover. Theba,a..eofhudcovermberemoved..ouldcomeftom iminatmg a portion of the patio, dog nm, decking, or decreasing the size cf the addition. en said that he would have to eliminate the existing patfo or addition even If aU of the deciong w« eliminated. Lindguist infomted him Utat iffite resid.leace was new \ MINUTES OF THE ORONO PLANNING COMMISSION MEETINO HELD ON NOVEMBER 17,1997 _ coostnicdon, he would not be allowed any structure in the 0-75' setback. Olsen acknowledged that the home would not have been able to be built to meet toda/s standards. Alexander noted that the patio consists of pavers and asked if pavers with drainage holes is still deemed hardcover. I.indqulst said they were. Alexander said eliminating 1.5% of hardcover would consist of 497 s.f. When asked by Hawn what ite»ns are necessary, it was noted that the dog kennel could be gravel end the patio could be reduced b sire. This would amount to less than the decrease bemg required. The patio is 810 s.f. and could be reduced. There were no public comments. Stoddard moved, Hawn seconded, to approve Application ^2305 for lakeshore setback, hardcover variance m 0-75' setback, subject to revised Staff recommendation bcludbg a 41’ lakeshore setback variance for structure to remam at 34’ from the OHW, hardcover variance for a maximum of 4415 s.f. b the 0-75’ setback, and plastic under landscapbg moved m the 6-75' setback. The reduction b hardcover b the 0-75' setback will be decided by applicant subject to staff approval. Vote: Ayes 5, Nays 0. (##4) #nOW5ROOK PARK REALTY, 3560 SI^RBLINE DRIVE - PLANNED RESroENTLALDlTVEL5^\IENT ANP-Cfi^S HI PRELIMINARY SUBDIVISION - 7:03-7:39 Bill Gleason w^sr^esent representbg Brook Padc Realqr* ^^^’UTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 24,1997 ZONING ADMINISTRATOR’S REPORT \fQ) #2279 G. ^L^RC AND TRACY WmiEHEAD, 1220 LY mX n AVEffUE - -^^NSrOER PRELIMINARY PLAT APPROVAL ^ Mrs. V/mKhead Vr’as preacat GaSoa reporte^^hat discussion was held at the last Council me^img regarding the pads dedication fee. Pursuant to Staff discussions. Staff rccommep^ reopening the prelinLinary plat resouhion to enable Staff to draft for inco^^ration into the resoluuoa additional findings relate<h;o the nexus and proportioM^ issues related to the park fee. NL-s. Whitehead had no commehts. She verified Sd!ff and Council reviewed her letter faxed to the City Office. Gaffion ih^icated t^x was received on this date and cistrlb .::ed for Council review. Jabbour informed Whitehead that the 2^unbi\^plans on acting on tb.e application in a timely manner. Mrs. Whitehead s^she appSc^ates that Jabbour said the Council must also protect the interests opfiie City. Jabbour moved, Pet^rson^^nded, to reconsider Resohdon #3966 for purposes noted. Vote: .^ycs 3, Nays 0., Jabbour moved, ^ImTseconded, to direct Staff to draft finding^\a^exus and proportionali^for inclusion in Resolution #3966. Ba-TCtt^-ef^ied that the findings will Lncludc the nexus andproportlonaK^j^f the subdivision ’s impact on parks. ^ >'ote: Aye.s3,NaysO. ^ (#4) #2305 ROGER AND ELIZ.ABETH OLSEN, 814 PARTENWOODROAD - VA3UANCES-RESOLUTION NO. 4003 The applicants and architect were present. Van Zomeren reported that the 1.02 acre property is located in the LR-IB Residential Disffict and meets the minimum lot tequirements. Pictures were presented of the property. The existing house is located within 75’ of the lakeshorc. *nie lot is unusu^ as the lot c.xtends along the lake but is narrow in its depth. The application is a propos or a 4-car garage and additions to the residence. A patio with pavers currently exi^. e Planning Commission unanimously recommended approval of the 41 variance for ^ lakeshore setback for the residence 34' fiom the lakeshorc and 15.3% hardcover variance in the 0-75’ setback where 20% exisa and none is allowed. 1 the RECOT.AR ORONO ClXy COUNCIL meeting held on NOVEMBER 24,1997 (#4 - #2305 Roger ted tliabclh OUea - Cootinui^ Uie ippUcMt bed no tdditional comments. • • •4* occur. where ille^y noa<o^o,^.T4 “ «1>« eppheenons heve been reviewed becoming legiily non l«-^covet is approved as pert of an application on property. “■* “ “»« P'^-eot structure • Planni^ CommN^ “■'-conforming hardcover is reviewed, the fjf. ^ <^0 O'id-ooJ opplicatioa for construction on the umne^v IwU^on «d ifa.eproperD'h.scIungedsince the lastppu auon and the hardcover is used for trading for additional structure. P”P''*>' ■» *' «“« “ when theoriginal permits were issued. Jabbour said his point referred to other situations. Jabbour moved, Flint seconded, to approve Resolution No. 4003. Vote: Ayt^. Nays 0. >CE-R k^wn m Im^’ - Mr. Fritz was presi Peterson moved. Flint sccorld^5pt Resolution No. 4004. Vote: Ayes 3, Nays 0. I^SOLUTiq^iN^40W^ STEINKET^HL^^OTA avenue - VARIANCE - Pe^orfonrnoved, Flint seconded, to adopt Resolution No. 4005.t;..Ayes 3, Nays 0. i CITY of ORONO RESOLUTION OF THE CITY COUNCIL . MQ. 4004___. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2 FILE NO. 2305 >VHEREAS, Roger and Elizabeth Olsen (hereinafter "the appUcanls*0 are ow.ers of the property located at 815 Partcnv^-ood Road within the City of Orono (hereinafter the City") and legally described as foUoN\-s; Lot 2, Block 2, Partenwood (hereinafter "the property"); and WHEREAS, the applicant has appUed to the City for vwances to Mumcipal Zoning Code Section 10.22, Subdivisions I and 2 to allow the retnodelmg and «xpaMion of the exis-lng residence to Include a four stall garage and additional livyig space located 34 ftotn the 929.4 ordinao* high water mark where 75* is required and requirmg a hardcover vanance of 4.413 s.f. (l5.3Vo) where 5,815 s.f. (20%) is existing and none is aUowed as shoNvn on Exhibit A. Minnesota: NOW, TffiREFORE, BE IT RESOLVED by the City Council of Orono. 1. 2. FINDINGS This application was reviewed as Zoning File #2305. The property is located in the LR-IB Single Family Lakeshorc R«identlal Zoning District requiring one acre in area. The property consists of 1.02 acre. 3.The Orono Planiilng Commission reviewed this application on November 17. 1997 and recommended approval of the proposed vanance based upon th following findings: 1. The proposed additions would not further encroach on the OHWL. Page 1 of 5 GITYofORONO resolution of the city council NO- n Q ^ The configuration of the lot severely restricts the allow.-able buildbg pad. 5"« jy “ “““ ^ Ml. granting the variance / ^ *, property in this zoning district; that pose . fire haze!S “ X' Z.tfrn • ■=" »orve u t convenience to A? . demoniireble hardship or diHiculw^"-'*"'*' “ °“«*sary to alleviate a property right of the aonlin "a’ '* to preserve a substantial intent of the Zoning C,‘’le Xiont'ellvVpLl^i:* cty^! •nil. ri... ^____.. . recornme^ndau'ons ofufe nXina Co”* “'iutiing the findings and by the applicants and th”Xc, o' dTn**'*"' end welfuc of the commuj,^ ** CO\CLtSIO.\S, ORDER AND CONDITIONS ^illr XXnItwt^Sn"’”*' " *' ®' “ 2. No firnhcr variances will be granted to this property in the future. bu^XpltXsR^'L'y Md’*”“r‘T*' nppKcaats. permit \sithin one yea/of be wercised by application for a building oxpire on that date (Nov°L^' ^1*998?“' Page 2 Of 5 CITYof ORONO RESOLUTION OF THE CITY COUNCIL 4004 _ 4. Violation of or non-conpUar.cc wth any of the terms and conditions of thh variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution In the Chain of TiUe of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 24di day of November, 1997. ATOST: da/>!>:.A Dorothy M. ^m, City Clerk Prop^' Ovs-ncr (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Gabrieiv^abbour, MayorX^ The foregoing instrument was acknowledged before me on this 24th ^y of November. 1997 by Gabriel Jahbour and Dorothy M. Hallin. Mayor and City Clerk of ^ity of Orono, a Minnesota municipal corporation and said Insmiment was executed on behalf o the City. Not^ Public Page 3 of 5 GlTYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 0 0 4 ■ STATE OF MINNESOTA ) )u. COUNTY OF HEl^PIN ) for said county^PuMc within and . ^ known to me to be the personfs) /i.T. STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this .day of NOT^Y public for said county, personaliyl^pcared -----------• a Notary PubUc within and notary PUBLIC Page 4 of 5 6; • •I 5 •v> A (IC MJ ^ I •tIri . ri • i r* • •» • 1 !>• I 2 i 21 r»mt f TJ« o o. LA!<S MINHNeTaN<A 1 > / '_main entct J^MTPY R.Ai-nif'iS • • ^ ■"“* r. .•»• -•• *1 ^orvtr ’\i X ORONO PLANNING COMMISSION Monday. October 19,1998 ■ ROLL: The Orono Planning Commission met on the above date with the following members present: Chair Sandra Smith. William Stoddard, Elizabeth Hawn. Dale Undqulst. Commissioner Chartes Schroeder arrived at 6:45 p.m., and Commissions Janice Berg and Ull McMillan were absent. The following represented City Staff: City Planner/Zoning Administrator Elizabeth Van Zomeren. Assistant Zoning Administrator Paul Weinberger. Senior Planning Coordinator Mike Gaffron. and Recorder Jackie Young. Chair Smith called the meeting to c.uer at 6:31 p.m. RENEWALS AND AMENDMENTS: PUBLIC HEARINGS {^t^) ITMai^ANN JUNDT, 1400 B^ 6:34 p.m. ETS POINT ROAD - VARIANCE RENEWAL. 6:32 p.m. - There v/ere no public Lindquist mpv63^, Stoddard secondedTto-A^prove Application 62421,1400 Bracketts Point Road, renewal of setback and hardcover variJtnc^s per the findings and conditions of Re>ofutions 63786 and 63986. VOTE: Ayes 4. Na^ ~ ^ (62) #2431 ROGER OLSEN. 815 PARTENWOOD - VARIANCE RENEWAL. 6:34 p.m. - 6:36 p.m. There were no public comments. Lindquist moved, Hawn seconded, to approve Application #2431,815 Partenwood, renewal of variances for lakeshore setback and hardcover In the 0*75 ’ setback per the findings and conditions of Resolution #4004. VOTE: Ayes 4, Nays 0. (63T14W^R0L OLSON. KID’S ART SCHOOL. 2180 NORTH SHOR^ AMENDMEflTr6:^p.m. • 6:40 p.m. tlV^CUP Carol Olson was present. Van Zomeren stated the Applicant Is reque55>g;:^^mendment to the conditional use permit to allow a tipi lo be located on the property for edpc$tionaT{>orpgses, which Is considered to bo an accessory use to the art school. Lindquist Inquired wheth^MW^PPHcant had any concerns with City: Olson slated^Iia^as fine with the recommended conditions. Thpre^re no public comments. recommendations. Pagal ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26,1998 («430 Paul Philtips, Continued) ^ RrUnrwiV - VARUNCErenewal - RESOLUTION NO. 4I8S *MJI. *1S Paitenwood Road.and adopt RESOLUTION NO. 4U5. VOTE: Ay»i 4, Ktys 0. Laurie Li i\^n, Greenfield Corporation, and Jim DeBerg. were present. Van Zotneren siaHd the Applicants are requesting a revision or amendmpdt to the final plat resolutton to .ccoV<l«e a private driveway easentent over Lot 3 toZvide access to ■Die Planning Commission recommentiqd dental ofa privai/easement and suggested that the Appheant apply for a lot line rearrangeS^which wo^equire a lot width variance for Laurie Lundeen stated they were una^ they could not grant a^Kwte driveway easement. Mayor Jabbour stated the City doeX officially recognize a private diiibway easement. SrmMml'loTIizeV^'*«'"elot still Van Zomeren stated a lol^ih variance would be needed in the case ofa lot line reanransement for the middle lot. CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. 4 1 .9 _____ A RESOLUTION GRANTING RENEWAL OF VARLXNCES TO MXKVICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 ANT) 2 FILE NO. 2431 WHEREAS, Roger Olsen and Elizabeth Olsen (hereinafter "the applicants") arc owners of the property located at SIS Panenwood Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 2, Block 2, Partenw’ood (hereinafter "the property'^; and WHEREAS, the applicants have applied to the City for the renewal of variances to Municipal Zoning Code Section 10,22, Subdivisions 1 and 2 to allow the remodeling and e.xpansion of the existing residence to include a four stall garage and additional living space locat-.d 34* from the 929.4 ordinary high water mark where 75’ is required and requiring a hardcover variance of 4,413 s f (15.3%) where 5,815 s f (20%) is existing and none is allowed as shown on Exhibit A. NGnnesoU: 1. 2. 3. NOW, THEREFORE, BE IT RESOL\TD by the City Council of Orono, FESDINGS This application was reviewed as Zoning File j#243l. The property is located in the LR-IB Single Family Lakeshore Residential Zoning District requiring one acre in area. The property, consists of 1.02 acre. The Orono Planning Commission reviewed this renewal application on October 19, 199S and recommended approval of the proposed variances based upon the following findings: 1. The proposed additions would not further encroach on the OHWX. Page 1 of 5 ill GITYofORONO RESOLUTION OF THE CITY COUNCIL NO. ___4 1 ft y. The configuration of the lot severely restricts the allowable building pad. The amount of hardcover in the 0* to 75* lakeshore setback would be reduced from 20% to 15.3%. The City Council finds that the conditions existing on this property are peculiar ° generaUy to other property in this zoning district, that granting the vanances would not adversely affect traffic conditions, fight, air nor pose a fire hazard or other danger to neighboring property, would not merely ser\e as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty, is necessary to preserve a substantial property nght of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City The City Council has considered this application including the findings and of Planing Commission, reports by City staff, comments D> the applicants and the effect of the proposed variance on the health, safety and welfare of the communit>* CONCLUSIO.NS, ORDER AND CONDITIONS Brants the Orono City Council hereby 1.All plastic under landscaping must be removed in the O’ to 75' lakeshore setback prior to any new construction. 2. 3. No tunher variances will be granted to this property in the future. j^thonties granted by this variance run with the property not with the applicants. out a.-e permissive only and must be exercised by appUcation for a building permit within one vear of _____i_•.____.•___..jnr -------- auu oc c.xcrciseQ oy appucation tor a ouu permit within one year of the date of Council approval, or lids variance will expire on that date (October 26, 1999) Page 2 of 5 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 1 ft 5 Violation of or non-compliance wih any of the terms and conditions of this variance shall constitute a violation of the zcning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Any substantial changes or revisions to the plan in Exhibit A will require reconsideration by the City Council Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 26th day of October, 1998. ATTEST: i n tli' v/ l/>jL£^ Linda S. Vee. Citv Clerk Gabricr^bbour, Mayor Property Owner (s) STATE OF MINNESOTA ) ) M COUNTY OF HEN'N'EPIN ) The foregoing instrument was acknowledged before me on this 26th day of October, 1993, by Gabriel Jabbour 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. f---- ; 'r^\ c;^clea .h ;£e.v ;>i i.-►LV.L-.‘iCcu?irr { ______»'*/CcT.T:!i!c3&;.-uJi.r3t.JCW Notary Public Page 3 of 3 STATE OFMINNESOTA ) )fs. COUNTY OF HENNEPIN ) ClTYof ORONO RESOLUTION OF THE CITY COUNCIL NO. ^4.1 5____ On this day of _ _____. 199^before me a Notary Public iviihin and for said county, personally appeared known to me to be the person(s) descttbed in and who executed the foregoing imttument.acd acknowledged that he (they) executed the same as his (their) free act and deed. . . -j ».w'u;.'yfc£ix-Mu.: k:u fc ;■ J COUNTY il. NOTARY PUBUC STATE OF NUNNESOTA ) )ss. COUNTY OF HENNEPIN ) day of 199_before me a Notary Public within and forOn this _ said county, personaliy appeared"_______________________________________ known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) f«e act and deed. NOTARY PUBUC Page 4 of 5 IMB .Wv’KeTav.<A UArM FNTPY ORONO PLANNING COMMISSION MEETING MINUTES FOR OCTOBER 18,1999 c. (S2530 William Wear. Continued) compliance. Lindquist slated he would like to table this application to allow the Applicant time to submit a revised plan, and that he would not be opposed to total signage In the amoun^f.380 square feet. City Council Member Kelley suggested that the Planning Commission takp fhlo consideration what they wouid iike to see for signage along the old Highway 12 corridor as.Weii as the new Highway 12 corridor, along with lighting and building materials. Kelley stated that most of these guidelines were established with the understanding that Highway 12 would remain In its present location and that these issues now need to be reviewed. Motion by Lindquist, second by Smith, to table Application #2530, 2160 Wayzata Boulevard, to a ow the Applicant time to submit a revised^srgnage plan for the entire property. VOTE: Ayes 7. Nays 0. («) #2537 CITY OF ORONO REVISldJl TO ADULT USE ORDINANCE. 8:31 p.m. - 8:33 p.m. The Certificate of Mailing an^fTidavit of Publication were noted. T' ere were no public^mments regarding this application. hown staled due)o the amount of information involved with this revision to the ordinance, in her ooinion d.scussio'n of this issue would be belter suited to a work session. Hawn requested that tne appropriafe notice be given to the general public regarding this ordinance revision. y Motiorl^y Hawn, second by Kluth. to table Application #2537, City of Orono Revision to Adult Use Ordinance to a Planning Commission work session to be scheduled this evening. ^^OTE: Ayes 7, Nays 0. (#9) #2531 ROGER AND ELIZABETH OLSEN. 815 PARTENWOOD ROAD • RENEWAL VARIANCES. 8:34 p.m. • 8:43 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Reger Olsen. Applicant, was present. Bottenberg stated the Applicant received variances to expand and remodel the existing residence to include a four-stall garage and additional living area. Variances to lakeshore setback and hardcover were granted on October 26.1998. The Applicant Is requesting that these variances be renewed. Olsen slated that he is having a difficult lime retaining a contractor to do the work at a reasonable price, but that he would like lo have the work completed within the next year. Smitii commented that she does not see any problems with this application. There were no public comments regarding this application. Kluth inquired whether the hardcover that was requested to be removed has in fact been Page 11 ORONO PLANNING COMMISSION MEETING MINUTES FOR OCTOBER 18,1999 (#2531 Roger and Elizabeth Olsen, Continued) eliminated. Olsen stated that a portion of the patio has been removed along with elimination of one of the porches and the concrete dog mn. Motion by Smith, second by Lindquist, to recommend approval of Application #2531, 815 Partenwood Road, renewal of variances to lakeshore setback and hardcover as previously approved in Resolution No. 4004. VOTE: Ayes 7, Nays 0. c (#10) #2532 HERMAN AND MARILYN CRAWFORD, 4745 NORTH SHORE DRIVE - VARIANCES, 8:43 p.m. • 8:47 p.m. i^he Certificate of Mailing and Affidavit of Publication were noted. and Marilyn Crawford, Applicants, were present. Bottenb^g stated the Applicants are requesting variances to the rear yard setback and hardcover (I---------hardcover io.^rmIt construction of an attached garage to the existing residence. The attached garage would oe located three feet from the rear yard setback where 30 feet is required and for hardcover in the^^250* setback where 26 percent exists. 29.08 percent is proposed, and where 25 percent is allowed^^^The existing garage will be removed when the new one is constructed. Bottenberg stated the existing driveway will continue to come off County Road 19. but the garage door will face east. The existing gravel/driveway will remain and will be used as a turn-around. The Applicant is proposing to construct the garage in this location in order to preserve a number of very mature trees located on his lot. The Applicants had no comment regarding their application. \Hawn inquired whether the existing garage was included In the hardcover numbers. Bottenberg stated the existing garage is included^he hardcover numbers. Smith inquired whether the deck will be replaced or whetlier a new deck is being added along the garage. Herman Crawford stated that the size of the deck is being reduced. Kluth questioned whether the gravel driveway was included in the hardcover numbers. Bottenberg stated that the driveway was included in the hardcover calculation.. There were no public comments regarding this application. ‘ \ Smith noted that the hardcover for this property would increase slightly with this proposal., Nygard inquired whether the plastic underlaymenl would be removed. Bottenberg staled there is a small section where some plastic underlayment will be removed, which Page 12 J ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25.1999 Jabbour amended his motion to include denial of the comprehensive plan amend^ to guide the land use designation from two acre density to one acre^er Peterson seconded the motion. Ma>*or Jabbour inquired uhethcr tb^ There were no public co mbiic comments regarding this applicatioa. iIOTION; Ayes 5, Nays 0. •(«6) #2531 ROGER AND ELIZABETH OLSEN, 815 PARTENNVOOD ROAD • RENXWAL VARIANCES - RESOLUTION NO. 4367 Flint moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4367, a Resolution Granting Renewal of V'ariances to Allow Remodeling and Expansion of the Ezistmg Residence Located at 815 Partenwood Road. VOTE; Ayes 5, Nays 0. ^^7) W2538 ROB AND TORI JAFFRAY, 540 BARRETT AVENUE - VARIANCE - RESOLUTION NO. 4368 Flint mov^d^eterson seconded, to approve and adopt RESOLUTION NO. 4363 a Resolutiono^nting Variances to Permit Construction of Dormers on the Second Story of an Exiuiqg Residence Located at 540 Barrett Avenue. VOTE: Ayes 5, N.*iys 0. •(«S) «541 PAUL PHILIPPS, 2140 SIXTH AVXNUE NORTH, FIN.AL PLAT OF PHILLIPS WOODLAND tSr RACE THIRD ADDITION • RESOLUTION NO. 4369 F’.int moved, Peterson seconded, t^porove and adopt RESOLUTION NO. 4369, A Resolution Approving the Plat of ^uHips Woodland Terrace Third Addition. VOTE; Ayes 5, Nays 0. («9) REQUEST FOR DOCK ACCESS - D.WIDDQ^LACE. 220 BIG ISLAND Daud Lovelace, Applicant, was present. Weinberger staled the Applicant is requesting dock access to his pro^c;n- located at 220 BigWeinberger staled the Applicant is requesting dock access to his propr;n- locaica at .rzu Dig Island. Back in April, 1999, the City Council granted a lot area varia.ncb'(i^ this property to permit the construction of a seasonal dwelling on the property*. As of today ’s date/li^e City has not received a request for a building permit fiom the Applicant. The property is 4^3>^res in sixe and is landlocked This property is one of several lots on Big Island that poientially^U request dock rights Weinberger stated that according to Municipal Code, insulling. mainiaining. keeping or usint private dock on any platted public right-of-way, when such a dock has been specifically authorized as part of a permit issued by the Council, is allowed. Not more than one seasonal dock Page 7 C L______i D GlTYof ORONO RESOLUTION CITY COUNCIL A RESOLUTION GRANTING RENXWAL OF VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2 FILE NO. 2531 WHEREAS, Roger Olsen and Ellzabelh Olsen (hereinafter "the applicants”) are ovMiers of the property located at 815 Partenwood Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 2, Block 2, Partenwood (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for the renewal of variances to Mxiicipal Zoning Code Section 10.22, Subdivisions 1 and 2 to allow the remodeling and c.xpa-ision of the e.xlsting residence to include a four stall garage and additional living space located 34' from the 929.4 ordinary high water mark where 75’ is required and requiring a hardcover variance of 4,413 s.f. (15.3%) where 5,815 s.f. (20%) is existing and none is allowed as shown on E.xhibit A. Minnesota: 1. 2. 3. NOW, THEREFORE, BE IT RESOLNYD by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #2531. The property is located in the LR-IB Single Family Lakeshorc Residential Zoning District requiring one acre in area. The property consists of 1.02 acre. The Orono Planning Commission reviewed this renewal application on October 18, 1999 and recommended approval of the proposed variances based upon the following findings: ,1. The proposed additions would not further encroach on the OHWL. Page 1 of 5 GITYofORONO RESOLUTION OF THE CITY COUNCIL NO. ^367 2. 3. 5. The configuration of the lot severely restricts the allowable building pad. The amount of hardcover in the 0* to 75* lakeshore setback would be reduced from 20% to 15.3%. The City Council finds that the conditions e.xisiing on this propern are peculiar to it and do not apply generally to other propertv* in this zoning district; that granting the variances would not adversely affect traffic conditions. light, air nor pose a fire hazard or other danger to neighboring propert>-; would not merelv serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the Cit>-. The City Council has considered this application including the findings and recommendations of the Planning Commission, repons by Ciw staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the co.tununiiy. CO.NCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 to allow the remodeling and expansion of the existing residence located 34' from the OHWX wh*rc 75’ is required and hardcover of 4,415 s.f. (15.3%) in the O' to 75' lakeshore setback where 5,815 s.f. (20%) is e.xisting and none is allowed. 1. All plastic under landscaping must be removed in the O' to 75' lakeshore setback prior to any new construction. No further variances will be granted to this property* in the future. Authorities granted by this variance run with the property* not with the applicants, but are permissive only and must be e.xercised by application for a building permit vsithin one year of the dale of Council approval, or this variance will c.xpirc on that date (October 25, 2000). 2. 3. Page 2 of5 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. S A 1 Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5.The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Any substantial changes or revisions to the plan in Exhibit A will require reconsideration by the City Council. Adopted by the City .Council of the City of Orono, Minnwota at a regular meeting held on the 25th day of October, 1999. ATTEST: I ^4. Linda S. Vee, Cit>- Clerk PropcrtyOwner (s STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 25ih day of October, 1999, by Gabriel Jabbour 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 01 ■IS Notary Public Page 3 of 5 I GITYofORONO RESOLUTION OF THE CITY COUNCIL NO. 4 5^ STATE OF NANNESOTA ) )ss. COUNTY OF HENNEPIN ) Oq this ib^day of before me a Notary Public wiihin and for ________^_______^ ___ ArvJ f known to me to be the person(s) descrSed in and who e.xccuted t^ foregoing insmimenr.and acknowledged that he (they) e.xecuted the same as his (their) free act and deed. said county, personally appeared criSedi ,jS!Kag. NOTARY PUBUC STATE OF NUNNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 199_before me a Notary Public within and for said county, personally appeared ________________________________;--------------- known to me to be the person(s) described in and who executed the foregoing instrument,an^ acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBUC Page 4 of 5 p ui " AppUoilioa Dale: Deadliac: 8/17/01 10/16A11 REQUEST FOR COUNCIL ACTION COlAtrn mpTONG SEP 2 4 2001 CITY OF OHv>r»U DATE: September 18.2001 ITEM NO.: (l^ DcpartBcot Approval: Name Paul Weinberger Title Zoning Administrator Admiabirator Reviewed:Agenda Scclkm: Zoning Item Dmcriplion: ii0l>2708 Michael and Jeanie McClelland 2170 Minnetonka Avenue Variance Zaainf DbtricI: Lbt of Exhibits: RR-IB Two acre rural residential A Resolution B Site Plan C Planning Report (September 5. 2001) Application Summar>': Applicants have requested variances to permit a 6 foot fence to be located in a defined side-street yard where no fences over 3 feet in height are permitted. A 6‘ fence was constructed last year to replace a fence that had existed on the property line. The City had notified the properly owners the l^nce could not be replaced in the existing location because the fence was non-conforming due to the 6 foot height in a street yard In addition the fence was constructed partially in the right of way. The notice alerted the property owners the fence would be required to be removed from the right of w ay and if the 6 foot fence wou'd be built on the property line they would need a variance. The Municipal Cixle permits fences as a non-encroachment within required yard areas, however the height of a fence can not exceed 3 '/»feet if located in a street yard. The applicants propert\ is defined as a comer lot with two street yards. Properties in the KR-IB zoning district have a required setback of 50 feet to the property lines. A 6 foot fence could be constructed but only if constructed SO feet from the property line. Planniag Commissioa RecommcndalioD Planning Commission recommended approval by a vote of S to 2 to recommend approval of the application to permit the fence height variance. It was the minority opinion of the Plarming Commission that no apparent hardship was found to allow a 6' fence to be located in the side street setback. The recommendation is subject to the conditions the fence shall be reconstructed with the finished side (finished side is the side of the fence without exposed structural supports) facing outward or to the south of the property line and the fence shall be constructed entirely on the property. #01-2708 Michael and Jeanie McClelland 2170 Minnetonka Avenue pugg 7 nf 2 _________________ Staff Recommendation Sufr recommends approval of the application based on the fact the property is a comer lot with one street frontage located adjacent a non-developed street that is not planned to be further developed or improved. The side >'ard adjacent to the street functions as an interior side lot line. The intent of the ordinance is to not allow fences over 3 'A feet to be located in a functional street yard. The total width of the right of way is 40*. therefore the fence would be located 40* from the nearest adjacent property line. The recommendation of approval includes the recommendation that the fence shall be constructed to visually e.xpose the “finished” side of the fence towards the south to adjacent property owners and public right of way. COUNCIL ACTION REQUESTED Motion to adopt the attached resolution approving variances. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 15 FILE NO. «^0l-2708 WHEREAS, Michael McClelland and Jeanie McClelland, (hereinafter '^ihe applicanls") are outers of tlie property located at 2170 Minnetonka Avenue within the City of Orono (hereinafter "the City") and is legally described as follows: Lots 4. 5. and 6, Block 8. Monterey on Minnetonka except the North 12 feet of said Lots 4, 5. and 6. Hennepin County. Minnesota (hereinafter "the propert>"); 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 Plannir^g Commission held a public hearing on September 17. 2001. at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; jnJ WHEREAS, the applicants applied to the City of Orono for variances to Municipal Zoning Code Section 10.03, Subdivision 15 to pennil a 6 ’ privacy fence to be constructed within the 50’ side yard adjacent to the street setback where a 3 Vj’ fence is permitted. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota; 1. 2. FINDINGS This application was reviewed as Zoning File #01-2708. The property is located in the RR-IB (2 acre) One Family Rural Residential Zoning District. The Orono Planning Commission reviewed this application on September 17, 2001 and recommended approval on a vote of 5 to 2 for a variance based upon the following findings and hardships; Page I of 5 c. A 6* fence was constructed in 2000 to replace a 6' fence that had existed on the property line. The City had notified the property owners the fence could not be repbeed i;t the existing location because the fence wa«: non conforming due to the 6 foot height in a street yard. Fences arc not pennitted to encroach into the public right of way. The variance application does not include a request to locate the fence otT the property. Ilte Municipal Code permits fences as a non-encroachment within required yard areas, however the height of a fence con not exceed 3 '/i feet if located in a street yard. The applicants property is defined as a corner lot with iwo street \ards. Properties in the RR-IB zoning district have a required setback of 50 feet to the property lines. A 6 foot fence could be constructed but only if constructed 50 feet from the property line. The fence is located adjacent to a street that is partially undeveloped. The Minnetonka Avenue right of way separates the applicants lot from an adjacent lot to the south. There arc no plans by the City of Orono to extend or further develop the Minnetonka Avenue. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely alTect tralTic 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 Jifiiculty; is necessary to preserve a substantial property light of the applicants; and wou'*' be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 5. 11ic City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS* ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby t^'ants a variance to Municipal Zoning Code Section 1 0.03, Subdivision 1 5 to permit a 6' privacy fence to be constructed within the 50 ’ side yard adjacent to the street setback where a 3 Vi fence is permitted, subject to the following conditions: 1. No portion of the fence shall encroach into the Minnetonka Avenue right of way. 2. The fence shall be constnicted with the finished side of the fence (the finished side is the side of the fence without structural supports) towards the right of way. 3. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will e.vpire on that date (September 24, 2002). 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically lerminale any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of themselves, their heiis, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Page 3 of 5 Adopted by the City Council of the City of Orono. Minnesota at a regular meeting held on the 24th day of September, 2001. ATTEST: Linda S. Vce. City Clerk Barbara A. Peterson, Mayor Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24'*' day of September, 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. Notary Public Page 4 of 5 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of . 20 said county, personally appeared before me a Notary Public \%ithin and for ________kno\^n to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that hefthey) executed the same os his (their) free act and deed. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Notary Public On this _day of , 20 said county, personally appeared before me a Notary Publie within and for known to me to be the person(s) described in and wiio executed the foregoing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. Notary Publie Page 5 of 5 iiMri IN LOTS 4. 5. & 6. BLOCK 8^ MONTEREY ON MINNETONKA HENNEPIN COUNTY. MINNESOTA /»» 4>t» I M Thi« iPicntft to ir'* 60t/y90r«« of lh« ot>o>« dOM'Ood 9'0pcrt|r. V4 th« locol>on of on heuM er<C lf<«roOA. It do«* not pi/port to onr off'*' «rpro>em«nti or oncroocrvnontt loms k (.RtAEUL. Iv I Wnt>Y (TttJf itui th« « *« ptnviw'l K rv «• •.*Aml •»!> > nMjai. tnJ ihjilimjSJf njnk»«\l ti«if f Jrj I • lh( but ikr S Hr of HhimruiU ?AL,.yy. _ . Mwk S rjonhr»(! Uinmr»*i Iktou Sttmhrf Slffl * u. l-iW t«s>> M-145 Applicaiioii Dale: 8/17/01 Deadlioe: 10/10/01 FROM: DATE: Chair Hawn and Orono Planning Commission Members Ron MiH)rse. City Adminisiralor Paul Weinberger. Zoning Adminislrator/Planner September 5.2001 Sl'BJECT: KOI -2708 Michael and Jeanie McClelland 2 1 70 Minnetonka Avenue Variance • Public Hearing Zoaiag Dblricl: List of exhibits RR-IB.One Family Rural Residential A Application B Survey C Plat Map D SiafT Letter (July 25.2000) E Sufi-Letter (July 10.2001) F Site Photos (New Fence) G Photos (Removed Fence) H Property Owners Notification List Review of Request Applicants have requested variances to permit a 6 foot fence to be located in a defined side-street yard where no fences over 3 '/j feet in height are permitted. A 6’ fence was constructed last year to replace a fence that had existed on the property line. The City had notified the property owners the fence could not be replaced in the existing location because the fence was non-conforming due to the 6 foot height in a street yard. In addition the fence was constructed partially in the right of way. The notice alerted the property owners the fence would be required to be removed from the right of way and if the 6 foot fence would be built on the property line they would need a variance. The Municipal Code permits fences as a non-encroachment within required vurd areas, however the height of a fence can not exceed 3 Vi feet if located in a street yard. The applicants property is defined as a comer lot with two street yards. Properties in the RR-1 B zoning district have a required setback of 50 feet to the property lines. A 6 foot fence could be constructed but only if constmeted 50 feet from the property line^__________________________________________________ •01-2701 Miduel and icank KtcCkUaBd riTOMimcloaka Atcauc »17/01 P^loTJ Pcrtincni Ordlniiicc Section 10.03. Subdivision 15 (C): This section pennits 3 '/, foot fences as a non-encroachment to required yard setbacks. Non Lakeshore Lots Exceptions to the 3 '/j foot setback arc permitted for fences located outside of front yard setbacks and side yard adjacent to street setbacks (A fence up to 6 feet in height could be constructed within the side yard setback and rear yard setback.) Fence Location and Construction The existing fence is required to be removed because it is in the right of wuy. After discussions with City Staff the property owners were permitted to leave the fence standing until action is taken by the Council on the variance request. The fence is located adjacent to a street that is partially undeveloped. The Minnetonka Avenue right of way separates the applicants lot from an adjacent lot to the south. There are no plans by the City of Orono to extend or further develop the street. The original fence had the support posts and framing facing towTirds the north side of the fence (the inside of the property). The new fence wus constructed that exposes the “unfinished" side towards the street and neighbors. The existing code docs not regulate the construction or materials for fences. In an unrelated fence issue the Council has recently heard from a property owner that had concerns with the City ordinance that unfinished sides of fences should not be exposed to the outside the property. Council has requested a review of the existing ordinances pertaining to fences and consider fence construction standards. If the property owners would construct a 3 '/j foot along the property line there is nothing in the existing ordinances that would prohibit a fence from exposing one side or the other towards a neighbor or the street. Because the fence requires a height variance the visual impact of the unfinished side of the fence is greater on adjacent propeny owners and the street An issue for Planning Conunission discussion is whether the side of the fence viewed by adjacent properties and the street should be the finished side rather than unfinished side (exposing six foot high support posts and framing). Options for FlanaiMf CommlisioB Action A. Recommend approval. D. Recommend denial, stating reasons. C, Table, b Other aetion. •01-2701 Mkhad and Jeank Mcddlad 2l70MiMCiiMfcaA«taiia 9/17/01 P^2oT3 Staff Rcco idation Slaffrccommcnds approval of the application based on the fact the property is a comer lot with one street frontage located adjacent a non-developed street that is not planned to be further developed or improved. The side yard adjacent to the street functions as an interior side lot line. The intent of the ordinance is to not allow fences over 3 '/i feet to located in a functional street yard. The total width of the right of way is 40 ’, therefore the fence would be located 40' from the nearest adjacent property line. The recommendation of approval includes the recommendation that the fence shall be constructed to visually expose the “finished” side of the fence towards the south to adjacent property owners and public right of way. •01-2701 Mkhaei and kanic McOdtand 2170 Minncionita A%ctuic 9/17/01 Par3of3 1 CITY OF OROiNO - VARIANCE APPLICATION Initial Application Fee S250.00 (S50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) Applicalioa U 0l~Z7O8 Date Rccehc^ g ft yJo / ~ Amciant PakJ ^ lOPERTY INFORM;}^ION ^ ^ Site Address <^110 C _ ruSVal IdM Property Identification Number (P.l.D ) ti>fs »4 5 a Ai L &l Of t i >Iicat difc Property Identification Number (P.l.D) fok *4.5 a f\A L felOft'r fl]of\knt^ on Attach legal description to application if not included on required survey. Date Property Acquired fU\Q 1 ^ 70 __________________________(month/year) I (do) (do not) also ou-n the adj^ent parcels of land. Present use of propem-: residential ___^other (specify). Zoning PisL-ict: q I ^__________________________ APPLICANT NL.m.ch«-ql -Xnn.. /^rf pZ:S Phone (homc)Q0^ - K*) Address;:Pt£Li_to:SnoTn ^fKQ P^UC. 0$>'NER (if different than applicant) Name_____________________ citvipfvys^oj Rfxy zip:.2S3i3i3. Phone (home)_ Phone (\sork) Address:City:. DESCRIPTION OF REQUEST Estimated Construction Cost S Describe request in detail: LVi. 4j\ C^VJL-7 ln"^<»rv:r or^ prtbpor^^ LTn& ^ (attach additional sheets if necessar>) VARIANCES REQUIRED ____Lot Area ___Lot Width ___Hardcover ____Lot Coverage Setback:Front Side Rear 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;______________________________________ (attach additional sheets if necessary) #2708 REQUIRED SUBMITTALS All of the following information muit be submitted hv thg application deadline date in order for vour application to be coniidered compigte: 1. 2. 5. 6. 8. Completed Application Form Certified Property Ovsners List of ovMiers within 150'. labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance. A-603, Govi Center, 348-5910). Certificate of Sur\ey (signed by a licensed suiAcsor) and include hardcover calculations os required. In addition, provide one (1) copy 8'/a" x II" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (I) copy 8'/]" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (I) copy 8'/a" x 11"). List of the legal names (include marital status) of all persons with an interest in the property'. This would include name(s) of applicant(s) if not current ownerfs). As an addendum to this application, please attach a separate list of any other persons you W’ish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must*sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANTS SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of hisTier knowledge. Applicant's Signature At c//z P • 7 7 ^ J /______ OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff consultants, agents. Commission members, and Council members for purposes of investigation and verification of this request. /Q/,1 ^-n.£i _____ Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. Owner’s Signature > #2 OO IN LOTS 4. MINNESOTA 175.0!■f V' Existing ^27) * pti ,/-> 6««|J s"9 ! ,'l",— I ^ I (9! >.4) • M( >(e <9^8.4) ^ FOOT . r£#(fc threahotd 7r' ..(959.0) eiev.- (965.6) ' HOUSE ..•S' p 89*25'02" W 7tS7 ;;n'-(9^ «5^--i0.0---> (963.6) (962.4) end (962.0)'»^IPiNETONte ?|Si X AVE.S legal nr<;r.RIPTIQN OF PREMISES,: ‘Lots 4 5. ond 6. Block 8. MONTEREY ON MJNNETONKA.. EXCEPT the North 12 feet of soid Lots 4, 5. and 6. o (961.8) l970l]. Eis 55x. —”.s:’u.r..nr. Beorinqs shown ore bosed upon on ossumed dolum. S If KoM ISto show ony other improvements or cncroochmenls. IN LOTS 4, 5. & 6. BLOCK 8, MONTEREY ON MINNETONKA HENNEPIN COUNTY, MINNESOTA Lots 4. 5. and 6. Block 8. MONTEREY ON MINNETONKA.. EXCEPT the North M feet of said Lots 4. 5. ond 6. 0 : (961.8): denotes iron morker denotes existing spot elevation, mean sea level datum jJ : denotes proposed spot elevotlon. mean seo level dolum bCw ings shown ore based upon on assumed datum. Z#** : 2^,t9St sa.^r. This survey intends to show the boundories of the above described property, and the location of on existing house and shed thereon. It docs not purport' to show ony other Improvements or encroachments. COIMN k GRO\BtR(,. ISC I hereby certify that this surwy was preparitl by ne or uniler my dint l vujvr* vision, and that I am a duly a'gislercd Civil rngineer and l and Stirs v\ or iiml'-r the laws of the Slate of Minnevila ______________________________________________ Mark S. Cronlyrg Minnestita License Numivr I27‘>^ _______________ OAir Sl-W imi.vo 96’\4-S Cl GlTYof ORONO Miinklpd Offices Stmt Iddrm: 2750 KcIIct Pariiway Orano. MN 55356 ■aMif Mdftn: P.O. 8oi 66 Bay. MN 55323-0066 Michael P. McClelland 2170 Minnetonka Avenue North P.O. Box 45 Costal Bay. MN 55323 July 25,2000 Dear Mr. McClelland: It has come to the attention of the City of Orono that the fence along the south lot line of your propert>' located at 2170 Minnetonka Avenue has recently been replaced. Staff conducted a site inspection on July 24,2000 and found a new fence had been constructed in approximately the same location as the fence that had been removed. Although the Cit>’ of Orono does not require permits for fences, new fences shall meet the requirements of the Zoning Ordinances. South of your propert>' there is a 33’ wide platted right of way that separates your property from the lot to the south. The 33* is an extension of Minnetonka Avenue and is owmed by the City of Orono. Your fence appears to be located approximately 1 Yj feet outside of your property lines onto the public right of way for M metonka Avenue. In addition, the Zoning Ordinance does not permit new fences over 3 */j feet in \ ight to be located within 50 feet of a property line adjacent to a street. Your new fence measure' an average height of 6 feet, where only 3 '/* feet is permined. The Cit>* of Orono is requiring the fence to be removed frou. the public right of way and reduced in height to 3 Vi feet, or to relocate the fence to meet a minimum 50 foot setback from the south lot line. The City of Orono has established a deadline of August 21, 2000 to relocate or remove the fence. During the site inspection the following were also noted: 1.A truck is parked on the south side of the residence with expired tabs. The Cit>- of Orono prohibits parking of inoperable or unlicenced vehicles (Section 9.50). A motor home and boat are parked on the south side of the residence. Recreational vehicles and boats are required to meet a minimum 10 foot setback to property lines and must be located to the rear of the house (Section 9.52 and Section 10.60, Subdivision 13). Tdcpliofic (952) 2494600 • fax (952) 2494616 wwwxl.oimn.inn,as Please contact me at your earliest convenience to discuss these issues, at (952) 249-4600. Sincerely. Paul Weinberger Zoning Administrator cc: Greg Gappa, Public Services Director Lyle Oman, Building Official Chris Pence, On-Site Systems Manager Wendy Bottenberg, Assistant Zoning Administrator Marc Davis, Building Inspector O 0\\GlTYoT ORONO Municipal Ofllccs Slrett AMratt: 27S0 Kelley PerVway Orono. MN 553S« Mallini Mdreti: P 0 Boi 6S Crystal Bay. MN 55323 0066 Michael P. McClelland 2170 Minnetonka Avenue North P.O. Box 45 Costal Bay, MN 55323 July 10,2001 Dear Mr. McClelland: It has come to our attention the fence along the south lot line of your property located at 2170 Minnetonka Avenue has not been relocated to come into conformance with the City’s local ordinances Last year on. July 24. 2000 the property was inspected where it was discovered a new fence had been constructed in approximately'the same location as a fence that had been removed. Although the City of Orono does not require permits for fences, new fences and replacement fences arc required to meet the current requirements of the Zoning Ordinance. To review the issue for you. south of your property there is a 33’ wide platted right of way that separates your property from the lot to the south. The 33’ is an extension of Minnetonka Avenue and is owned by the City of Orono. Your fence appears to be located approximately 1 '/s feet outside of your property lines onto the public right of way for Minnetonka Avenue. In addition, the Zoning Ordinance does not permit new fences over 3 '/s feet in height to be located within 50 feet of a property line adjacent to a sirecl. Your new fence measures an average height of 6 feet, where only 3 '/; feel is permitted The City of Orono is requiring the fence to be removed from the public right of way and reduced in height to 3 '/• feel, or to relocate the fence to meet a minimum 50 foot setback from the south lot Ime. The City of Orono had originally established a deadline of August 21, 2000 to relocate or remove the fence, it has been nearly one year and the fence has not been relocated. If you do request to maintain a fence at its current height a variance approval process is required. A variance requires an application be made to the City of Orono. A deadline has been established of August 22. 2001 to cither bring the fence in question into conformance with local ordinances or y ou to file a complete variance application request. 1 have Included a copy of the earlier letter mailed to you, dated July 25,2000. Please contact me at your earliest convenience to discuss the options listed above, at (952) 249*4600. Tdcphooc (952) 249*4600 • Fax (952) 249*4616 wiTMrxL.orofKunn.iu Sincerely, Paul Weinberger * Zoning Administrator cc: Greg Gappa, Public Services Director Lyle Oman, Building Official Wendy Bottenberg, Assistant Zoning Administrator Marc Davis, Building Inspector 1 N5t\-' FfNict- L'NriNisiiECi ‘^(tii- ti^kmeo TO Ov.'TS\ft£ OF P?.0?£R1Y '''r*!-^-'^'-<r ^ :• .*, ^ ^'£■ iv' F-fA/cC - Fi5o«v\ /N)T£?.iofe, 0 F tor r MM DATE es/t2/«l •*TCN S«4 NENNCriH COUNTY rtOfCDTV JMOMUTION SYSTEM rtOrCMTY OWNEtS LIST DfMMIT NO. nASMil PACE 21 PROP ADM OWNER NAME TAXPA.cR NAME/AODR SR 10-117-2S 23 RAOA • ItSR AMMESS UNASSIflNEO CLARK J UINSLOW ET AL SHARON ■ CLARK UINSLOW 12RS FRENCH CREEK CIR UAVZATA MN 553Y1 SR 1R-117-2S 2A RRSt •12.. • RRIAR ST T E FRANK R R L FRANK THOMAS R RARRARA FRANK 12SS RRIAR ST UAVZATA MN 55SY1 M ia-117-23 2R RRSl •IIRS ARDOR ST S R R CARLSON STEPHEN C R RANDX J CARLSON 11R5 ARDOR ST NAYZATA fDI SSSYl OWNER NAME TAXPAYER NAME/AODR SR 1R-117-2S SI RRSR •127« RRIAR ST JOHN C RANGE JOHN C RANGE P 0 SOX Its CRYSTAL BAY MN S5S2S SR 1R-117-2S SI RRSR •12SB RRIAR ST LAURIE A PEARSON LAURIE A PEARSON 12S0 RRIAR ST UAVZATA MN SSSRl SR 1R-117-2S SI IRAZ R12R1 RRIAR ST DAL PRINTUP CARY N PRINTUP PO DOX 1*R CRYSTAL RAY IM BSS2S PROP AOOR OWNER NAME TAXPAYER NAME/AOOR SR 1R-117-2S SI teZS •124S ARDOR ST KAREN E RJERKENG KAREN E RJERKENG 12AS ARROR ST UAVZATA NN S53Y1 SR 1R-117-2S SI RtTR •1224 RRIAR ST JAMES F NILLIER JANES F NILLICR 1224 RRIAR ST WAVZATA NM SSS41 SR 1S-117-2S SI ••7S •1212 BRIAR ST R ■ J KIENEN RICHARD T KIENEN 1212 RRIAR ST UAVZATA NN S5S41 PROP AOOR OWNER NAME TAXPAYER NAME/AODR SR 1S-117-2S SI SAYS 0217A MINNETONKA AVE M A J HC CLELLANO MICHAEL P MC CLELLANO 217A MINNETONKA AVE N P 0 BOX 4S CRYSTAL RAY MN SS32S SR 1B-117-2S SI SISZ •12S1 BRIAR ST ROBERTA JEAN ROTH ROBERTA JEAN ROTH 12S1 BRIAR ST CRYSTAL BAY NN 55S41 SR 1S-117-2S 32 •••• •222S FRENCH CREEK CIR ROBERT U FAVFIELD ROBERT U FAVFIELD P 0 DOX 34 NPLS MN SS44B PROP AOOR OWNER NAME TAXPAYER NAME/AODR SR 1B-117-2S 32 •••$ •22SS FRENCH CREEK CIR D S I J SIKKA DALJIT • JASUINDER SIKKA 223S FRENCH CREEK CIR UAVZATA MN 5SS41 TOTAL BATCH SRA •••IS o (jf OO Applkalion Dale 8/22/01 Completion Dale: 8C2/01 60 Day DeadUae: 10/19/01 COliMrn uceTINO SEP 2 4 2001 CITY Of OflONO REQUEST FOR COUNCIL ACTION Department Approval; Name Wendy Boltenberg Title Assistant Zoning Adminstrator'Plaimcr DATE: 9/24 01 ITEM NO.: *7 Agenda Section: Zoning Item Description:(toI-2709 Richard K. Shull 2285 French Lake Road Variances Zoning District: RR* IB/PRD One Family Rural Residential District (2 acre) LolArea: 65.261 s.f. (I.5acres) List ofExhibiU: A Resolution B StafT Report and Exhibits of 9/17/01 Application Sunmiary : The applicant is seeking approval to construct a two stall garage (576 s.f.) to the east end of the residence and a new entryway (80 s.f) over existing steps. Both the addition and entry way are w ithin 150* of a Natural Environment lake. The proposed garage will be located over existing driveway. T he applicant is proposing to remove approximately 800 s.f of driveway (hat will no longer be needed. The existing garage will be turned into a sc reen porch, office, laundry room and storeroom. The lot was developed in 1979 prior to the adoption of the Shorcland Ordinance (1992). The Shoreland Ordinance created a 150* structure setback from -rcnch Lake, whereas only a 26* wetland setback was required before 1992. French Lake was consi Jcr«-I a.s merel; a wetland before it was redesignated as a Natural Environment Lake by the ShoreL.id Ordinance. I he ordinance was adopted by Council with the understanding it would create non-conforming lots in the French Creek Subdivision. The subject property owner’s house now eniroaches into the required 150* setback. 1. Section 10.56. Subdivision 16(C)(1): Structural setbacks for Natural Environmental Lakes(l50'); To permit an addition to the cast end of (he residetKe and an entry way over existing steps. 2. Section 10.56, Subdivision 16 (I )(1): Hardcover in J'75*; To allow 3,622 s.f (22.25%) of hardcov er where 4,381 s.f (26.9® i) exists and 0 s.f or 0 ®/. is allowed. 3. Section 10.56, Subdivision 16(C)(6): Average Lakesho.'e Setback: To allow the additions to the residence to encroach 50* and 75* into the average lokeshore setback. PLANNING COMMISSIONi The Planning Commission recommended by a 7 to 0 vote to: Approve the application as presented. STAFF RECOMMENDATION: To approve the enclosed rcsolulion. COt’NCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. A RESOLUTION GR.\NTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.56, SUBDIVISION 16(C)(1), SECTION 10.56, SUBDIVISION 16(C)(6), SECTION 10.56, SUBDIVISION 16(L)(1); FILE NO. 01-2709 WHEREAS. Richard R. Shull and Anne M Shull (hereinafter "the applicants") arc the owner’s of the propcrt>- located at 2285 French Lake Road uithin the Cit>- of Orono (hereinafter "the City") and legally described as follows: Lot 4. Block Land Outlet C. Johnston’s French Lake Second Addition. Hennepin County. Minnesota (hereinafter “the property ”); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.56, Subdivision 16 (CKO to permit structure within 150’ of a Natural Environment Lake. Section 10.56. Subdivision I6(L)(1) to permit 3,622 s.f. (22.25? b) of hardcover in 0-75* setback area where 4,381 s.f. (26.9?o) e.xists and 0 s.f. (0%) is allowed and Section 10.56, Subdivision 16(CH6) to permit the encroachment of 50' and 75' into the average lakeshore setback for construction of a two stall garage to the east end of the residence and a new cntr> wax ox a existing steps. WHEREAS, after due published notice and mailed notice in accordance xxiih Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on September 17.2001. at xvhich time all persons desiring to be heard concerning this application xxerc given the opportunity to .speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono. Minnesota; FINDINGS I. This application was reviewed as Zoning File (iOl-2709. Page 1 of5 JN:. The property is located in the RR-IB, Single Family Rural Residential Zoning District, where 2 acres is the minimum lot urea. The properly consists of approximately l.S acres. The Orono Planning Commission reviewed this application on September 17.2001 and recommended appan al by a \otc of 7 to 0. The Plaruiing Commission made tiic following findings of fact: A. The 1 50* Natural F.n\ ironment lake setback wns adopted after the residence was built. B. Hardcover in the 0-75* setback zone will decrease to 3.622 s.f. (22.25®/o) from 4.381 s.f (26.9%). C. 'I he structural coverage on the property will be 4.9“/o, below the allowed 15 “/o. D. Encroachment into the average lakeshore setback will not adversely alTcct the neighboring property views. 'Hie City Council finds that the conditions c.xisiing on this propert) arc peculiar to it and do not apply generally to other property in this zoning district; that granting the variance will not adversely affect traffic conditions, light, air. nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff*, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 5 CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of Ihe above findings, ihc Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.56, Subdivision 16 (C)( 1) to pennit structure within 150' of a Natural Environment Lake, Section 10.56. Subdivision 16(L)(1) to permit 3,622 s.f. (22.25%) of hardcover in 0-75 ’ setback area where 4,381 s.f. (26.9%) exists and 0 s.f. (0%) is allowed and Section 10.56. Subdivision 16(C)(6) to permit the encroachment of 50 ’ and 75’ into the average lakeshore setback for construction of a two stall garage to the east end of the residence and a new enuy way o'er existing steps. Approval is subject to the following conditions; 1. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. .\ny amendments to the site plan may require further Planning Commission and City Council review. 2. Authorities granted by this varit. :e run with the property not with the applicants, but arc 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 (September 24.2002). 3. Violation of or non-eompliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby 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 24th day of September, 2001. ATTEST: Linda S. Vee. City Clerk Barbara A. Peterson, Mayor Property Owner (s) Page 3 of 5 ST ATI: OF MINNKSOTA ) ) ss. COUNTY OF HENNFIMN ) The foregoing insirumenl was acknowledged before me on this 24th day of September. 2001 by Barbara A. Peterson and Linda S. Vce. Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument w as execute J on behalf of the Cit>’. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of... 2001, before me a Notary Public within and _____________________________knownfor said County, personally appeared__________________________________ to me to be the person! s) described in and w ho executed the foregoing instrument, and acknow ledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of.2001, before me a Notary Public within and for said County. personally appeared_________________________________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 4 of 5 seraACfc rj(f C»a«M» an iMk«.• iCC' ■»_ Ml* j IMM* I MS LHItf Oi#| illli < Oh» I Wa ia<| la^l i«« «• iii»#l n»Wj ian« a»<| aa! n. -------------------------•■»;_ «•«JM •> I Mil K| lUll ■< • *«MM I . ill* • c»»w» la a I___N a *w la^^—xo** n.. i.a : . MM a.' imi • o»* Ma •*; *rtn* *ai_ w.uua. iM*a, • o —"I.-'- «a*I 5liu// Rtsitlmce Remoilelmg 5c AilJiiiun Variance Requeii French Lake RoatJ Orono, MinneuMa Mo«. fa*m> cr aoiMMlr aniamb 1 TO: Chair Ha\sn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg. Zoning Administrator/Planner DATE: September 10, 2001 SUBJECT: «01-2709 Richard R. Shull 2285 French Lake Road Variance - Public Hearing Zoning District: RR- IB/PRO One Family Rural Residential District (2 acre) Lot Area: 65,261 s.f. (1.5 acres) List ofCibiblU A Analysis B Application r Description of Request D Hardship Statement E Site Plaa' Sur\ey F Floor PlansA/ie\^s.'£levation$ G Hardcover Calculations H Average Lakeshore Setback Topographic Map 1 Septic System J Photos of Propert> K Plat Map L Location Map M Property Owner’s List N Permit Record Pertinent Code Section: 1. Section 10 56, Subdivision 16 (CXI): Structural setbacks for Natural Environmental Lakes(150'): To permit an addition to the east end of the residence and an entry way over existing steps 2. Section 10.56. Subdivision 16 (LKl): Hardcover in 0-75’: To allow 3.622 s.f. (22.25%) of hardcover where 4.38 1 s.f (26.9%) e.xists and 0 s.f or 0 % is allowed. 3. Section 10.56, Subdivision I6(CH6): Average Lakeshore Setback: To allow the additions to the residence to encroach 50' and 75' into the average lakeshore setback. Application Summan*: The applicant is seeking approval to construct a two stall garage (576 s.f ) to the cast end of the residence and a new entryway (80 s.f) over existing steps. Both the addition and entry vvay are within 150' of a Natural Environment lake. The proposed garage will be located over existing driveway. The applicant is proposing to remove approximately 800 s.f of driveway that will no longer be needed. The existing garage will be turned into a screen porch, office, laundry room and storeroom. The lot was developed in 1979 prior to the adoption of the Shoreland Ordinance (1992). The *01-2709 RichardR. Shull 2285 French Lake Road i yariances 9>ia200l Page I Shordand Ordinance created a I SO' structure setback from French Lake, whereas only a 26’ wetland setback was required before 1992. French Lake was considered as merely a wetland before it was redesignated as a Natural Environment Lake by th.* Shoreland Ordinance. The ordinance was adopted by Council with the understanding it would create non-conforming lots in the French Creek Subdivision. The subject property owner ’s house now encroaches into the required 150’ setback. The property is served with a septic system. The septic system is currently non-compliant and must be replaced by 12/31/2007. It has a capaciw for 4 bedrooms, and this addition will not add to the total number of bedrooms. Therefore a larger septic system is not required at this time. On-Site Systems Manager, Matt Boltemian, reviewed the proposed additions regarding location to the e.visting septic system. (Exhibit I). Statement of Hardship ; The propert>‘ was developed prior to the adoption of the Shoreland Ordinance. A large portion of the lot, including the existing home encroach into the 150’ structure setback from Natural Environment Lakes. The applicant has provided a written explanation - Exhibit D. lssu£il I. The home was built in its present location in 1979 prior to the Shoreland Regulations adopted by the Cit>-in 1992. 2. Tl»*t entire residence is located w ithin 150' of the lake w here no structural hardcover is allowed. The enare structure is non-conforming. 3. The improvements do result in new structural coverage, however well below the allowed 15%. 4. The applicant cannot expand upon his residence without obtaining a variance as a result of the new Shoreland Regulations. 5. The property is fairly wooded. The adjacent properties cannot be seen from the applicants property, hence the average setback encroachment impact is minimal. 6. The expansion outward rather than upward will result in less visual impact as viewed from across the lake. 7. Other issues raised by the Planning Commission. Staff Recommendation ; Staff recommends approval of the variances for the garage addition and new entiyway. aOI-2709 Richard R. Shull 2283 French Lakt Retd Variances 9/l<h200l Page 2 A Shordand Ordinance created a 1 SO' structure setback from French Lake, whereas only a 26' wetland setback was required before 1992. French Lake was considered as merely a wetland before it was redesignated as a Natural Environment Lake by tl..* Shoreland Ordinance. The ordinance was adopted by Council with the understanding it would create non-conforming lots in the French Creek Subdivision. The subject property owner ’s house now encroaches into the required ISO' setback. The property is served with a septic system. The septic system is currently non-compliant and must be replaced by 12/31/2007. It has a capacity ’ for 4 bedrooms, and this addition will not add to the total number of bedrooms. Therefore a larger septic system is not required at this time. On-Site Systems Manager, Matt Boltemian, reviewed the proposed additions regarding location to the e.xisting septic system. (Exhibit 1). Statement of Hardship ; The property was developed prior to the adoption of the Shoreland Ordinance. A large portion of the lot, including the existing home encroach into the 150' structure setback from Natural Environment Lakes. The applicant has provided a written e.xplanation - Exhibit D. Issues: 1. The home was built in its present location in 1979 prior to the Shoreland Regulations adopted by the City in 1992. 2. Tiv: entire residence is located w ithin 150' of the lake w here no structural hardcover is allowed. The enure structure is non-conforming. 3. The improvements do result in new structural coverage, however well below the allowed 15%. 4. The applicant cannot expand upon his residence without obtaining a variance as a result of the new Shoreland Regulations. 5. The property is fairly wooded. The adjacent properties cannot be seen from the applicants property, hence the average setback encroachment impact is minimal. 6. The expansion outward rather than upward will result in less visual impact as viewed from across the lake. 7. Other issues raised by the Planning Commission. Staff Recommendation : Staff recommends approval of the variances for the garage addition and new entryway. W!-2709 Richard R. Shull 2285 French Lake Read Variances 9/l(h200l Page 2 -—^ Lot Area; ANALYSIS WORKSHEET RR-IB/PRD Lot Area Required PRD Actual 65,261 s.f. Stnictural Coverage; Total Lot Size Total Structural Coverage 65,261 s.f.Allowed: 9,789 s.f. (15%) Existing: 2.571 s.f (4%) Proposed: 3.227s.f (4.9%) Hardcover Calculations; Distance from shoreline Total area in setback Allowed hardcover Existing hardcover Proposed hardcover 0-75’16.276 s.f 0s.f 4.381 s.f (26.9%) 3,622 s.f (22.25%) Reduction 75-250’48,985 s.f 12,246.3 s.f (25%) 3,622 s.f (22.25%) 7,550 s.f (15.41%) Reduction CITY OF OROiNO - VARIANCE APPLICATION Initial Application Fee S250.00 (S50.00 per each additional variance) Renewal Variance Fee SISO.OO (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) Application U Of- Q.'J Oh Date Rccched Amount Paid PROPERTY INFORAI^TION ^ /’ Site Address.^--^:>^; /^j Property Identification Number (P.l.D.) /O •/jj ■ ZS ZZ c'O// Attach legal description to ap^cation if not included on required survey. Date Property Acquired . ^CX^/ I (do) [do noj) also own t^ adjacent parcels of land. Present use of property:., J^residential ___pother (specify) Zoning District; _(month/year) APPLICAI^ .-y, " Name ^ •- AddressT^?^*f' i ry Phone (home)*. •• ____ Phone (work)^r^lv -r/r- ’/fi’Y City: ;j / zio: OWTiER (if^ifferent djan applicant) Name , ______________ Address: /<^ Phone (home)_ Phone (work)_ DESCRIPTION OF REQUEST Describe request in detail: ___ __ City: Estimated Constniction Cost S TUu * (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width v/Setback; Front Other (specify)_____ Side Hardcover Rear _Lot Coverage Average Lakeshore HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: _______________ (attach additional sheets if necessar>*) #2709 Ruc'Sa 01 10:37a RRShull 608-238-9658 MERAGE l>'ohirdR.8hul1 Merchandlaing Agent 4005 Webeter Court Middleton, Wl S3562 phone 608-238-9657 te 606238-9658 •-fnail; irEhua^mailbafl.cofn Description of Request. The following pertains to variance application #01 -2709 It Is a like to add an entryway and garage to this home. The plan for the addition of an enclosed entryway to Include a 250 setback zone. The plan also includes the addition of a 2-stall garage adjacent to the exsting garage. The latter would be to straddle the 75* setback line. V^h regard to hardcover, the addition of a covered enlryway will sJIghWy Increase the hardcover that currently exists as a stoop & wal^y. ^d the new garage will yield a slight reduction In hardwver by positioning it where asphalt driveway currently lies We longer needed. The total reduction in hardcover will be about 800 square feet The ^^ver calculation for the planned project is on the revised survey Revised: 8/22/01 - P-2 c auc‘22 01 10:36a RRf *11 606-238-9650 P-3 Hardship Explanation: structure creates a hardship Hi that it was Nowthemajorttyofthehomeis wHhi^e 75 seU^ regilation, which wu Imposed In 1965; as weH as p^ally within the 75 ’ - 250* zone (or within the 150 ’ sethaclc regulatim imposed in 1992). As a result we are encumbered to do any modification to the eidsting structure as a result of regulation changes over time. Tonify the living accommodations to conform to the current setback of 150* would obsolele the home we have purchased and v^d require building on or near the existing septic system and Hi ^ am proposed for the new mound sepUc system of 2007. This did not seem tike a viable aitemative. ^ explore vertical expansion on the existing footprint because we feel the aesthetics of a single story structure is more appropriate and desirable for the community. #2709 cufcenT ^lAACIL 150’ .M—XJW IM IWM ■ D«>t ft lT ’ •n*mm ,•M* ii«i«SiN • ia«i ii«r <Uf0 1 '•’’•i • 4U« u»*! - ____ll.oi ■ -js'-. «?• lUllrf . M«1U*« . . *»<1 Iff r r;.. M;tmt •nt > M.,• «Nt < -----II* Milt, ■l.■••■l .. .*•«•M Shull Rttilienct Rcmoilriing Sc AdJmun Varunce Rcqucu French Like Road Orono, MinnetoiJ Mna*. l4*«o tf tMluMlf 4nl<>ni< i.___________**1*1. . 7^^ '**''**• • ' t >-•1 0 4 i-ftrr^v -c----- • - • H >Ai..! ..... /• 4 ''6* « ! exi-bTiNG rmr fiooff plan • « 1 *.v -V o . Shull Rftidencf Remodeling Ac Addition Va'uncc Request French Lake Road Orono, Minnesota Mo<*- At^mat M. m> '‘ ^ ■ Shult RtsuUtue Remodeling Sc Addition Variance Request REAMvtap rveye raws f\AH French Lake Road Orono, MiniKsoia Mo<r. W*p»p« «r Awtoiii r O' mi *< •' 's O ^ ‘ ■:t-^;;^:^?.. -, :--.v J H., I___ .'f.^.p- K ? * T m '.V • /Parcel Information Parc«l ID 1011723220011 Houm Number 2208 OtTMl Nam* FRIIICN LAKl ItO CondomMum This ii nor a hgatty ncordsd map. It rapnsants a compilabon ofIntomMion •nd data tnm City. County, and Stata road authontias and othar sourcas. ■uni i 400 MMIOOl VAT ORON ?.i;•. ^^^NoeVeabcr ’i ojwrf/. A 1 ___Lake '9**V| i®Sy;:y:-; I ,' :vV '•■•■,"" '.\ «••;•••. • . s' > a; ••/•'-'.• ■■. . • .: • Bohfu P^nt Crystal Bay ‘ S M » Course W‘ "o^ . • Smith Biy'"':' ff •-• .• •* * "* /ymii- yfz ^ORONOA 1600 *^**/*»*Bracketts Point LafAyeus /^' V^ ^ounlry C i 7 . V • • • • •• . *' ** S lV«' ItUCWTf r^MINNETONKA \ . w w dfayetteBay^ 0 \ V//V .V /• •fe ■■ J/«llfiil|fOA ' /I 7-7v-• -.. I, /, : ________i____Klm_______-L._A______S*JL»j«j4L Poi> Charn RUM DATE ■R/Zt/Rl •ATCN SR7 NUtfliriN COUNTY rROTtNU INfORHATlOII SYSTEM PMPCRIY OWNERS LIST RCroOT NO. PlASSAtl PAGE 20 PROP AOOO OWNER MAHi TARPAYCR NAME/AOOO SO lR-117-25 22 0000 R22AS FRENCN LAKE M T J OUMEVIK ET AL TNONAS J OUNEVIR I CNRISTINE CRAMLINO OURMEVIR 22AS rOfNCN LAKE OD WAYZATA m SSSOI SO 1R-U7-25 22 ■25SS FRENCN LAKE RO 0 A J BAY10N NOOIRT J A JOAN L OAYTOM 1 FRENCH LAKE RO WAYZATA m SSSYl SO iR'117-2S 22 ROtl 02Z0S FRENCH LAKE RO R H LAMOIS ATE LANDIS RICNARD N LANDIS 22AS FRENCH LAKE WAYZATA rW SSS«l PROP ADOR OWNER NAME TAXPAYER NANE/AOOR 30 lA-117-23 22 0012 A22S0 FRENCH LAKE RO 0000 COSCROVE/ANN A COSSROVt 0000 COSGROVE/ANN A COSOROVE 22S0 FRENCH LAKE RO WAYZATA NH SSSOl SO 10-117-2S 22 OOIA 00050 AOORESS UNASSIONEO RAJ DAYTON RODERT J A JOAN L OAVTON 1 FRENCH LAKE RO WAYZATA NN S5501 50 1A-117-2S 22 OOlS 00050 AOORESS UNASSIONEO R N LANDIS ATE LANDIS RICHARD N LANDIS 2205 FRENCH LAKE WAYZATA NN SS501 PROP AOOR OWNER NAME TAXPAYER NANE/AOOR SO 10-117-25 22 0017 OAASO AOORESS UNASSIONEO RAJ DAYTON RODERT J A JOAN L DAYTON 1 FRENCN LAKE RO WAYZATA NN 5S591 50 10-117-2S 25 0005 00150 ADDRESS UNASSIONEO R C A N LUX RODERT C A NANCY LUX 1209 FRENCN CREEK DR WAYZATA NN 55591 TOTAL RAICH 507 00000 1 CERTIFY THAT THE TACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS ZT APPEARS THIS DATE ON THE RECORDS Of THE HENNEPIN COUNTY OEPARTHENT Of PROPERTY TAXATION, TO THE REST Of NY KNOWLCOCE AND RELIEF. DATE ARTHENT Of PROPEUV TAXATION, TO THE REST V . I ' 11 K permit record ^/s<? Date /-?-/<?-79 Tvpc of Permit, ^!fT7 a-XiU-79 .^9/O'A ypj __£.9^^P/Ao. -^.S.93L ____j5'J9-^rs ------------i-.t 'yy---------- -JMiL.V t: ^ u vivCvc/ '?X HJ _ ? y -9^ f>/9o ------^ t • COiAirii ucPTtNO AppUcatioa Date: 9/10/01 60 Day DcfMlUac: II/9/0I SEP 2 4 2001 ClIYUfUnONO REQUEST FOR COUNCIL ACTION Dcparlaical Approval: NaaM Wend) Bonenberg Tltk Assistant Zoning Adminstrator/Planner DATE: 9/21/01 ITEM NO.: ^ Agenda Scctioa: Zoning Item DcscripCioa:Ml-2713 Diane and Doug Merz 380 Tumham Road ATF Variances Zoning Dbtrkt: RR-IA One Family Rural Residential District (5 acre) Lot Area: 49.980 s.f. (1.04 acre) (1.15 acre before excluding road) Lbt of Exhibits: A Resolution B Staff Report and F.xhibits of9/15/2001 Application Summary: The applicants have applied for after the fact variances to permit a 3 fot>t overhang that was added when the roof was shingled in 1998. At that time a permit was issued for the roof work but the roof extension was not part of the permit. The roof extension is over the front entrance and extends approximately 3' beyond the existing roof line and is approximately 14* wide. The existing residence w'os built in 1967 and met the 1-acre zoning standards in effect at that time; the 1975 rezoning to 5-acre minimum made this site and house location very ’ non-conforming. No additions have been constructed to the residence since it was built. 1. Section 10.27, Subd. 5(B): Side Yard Setback: To permit a variance to allow a roof extension to be located 24* from the side lot line where 50' is required. 2. Section 10.27, Subd. 5(B): Front Yard Setback: To permit a variance to allow the roof extension to be located 35.5* from the street lot line where 100’ is required. PLANNING COMMISSION: The Planning Commission recommended by a 7 to 0 vote to: To approve application as presented. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. .jMiailtsesL. A RESOLI TION GRANTING AFTER THE FACT VARIANCES TO ML'NICIPAL ZONING CODE SECTION 10.27, SUBDIVISION 5 (B) FILE NO. 01-2713 WIIERE.AS, Douglas E. Morz and Diane F. Mcr/, (hcreinaRcr "the applicanls") arc the owners of Uic property located at 380 Turnham Road within the City of Orono (hcreinaRcr "the City") and legally described as follows: That part of the North 140.00 feet of the West 357.00 of the Northwest Quarter of the Southeast Quarter of the Southeast Quarter of Section 31. Township 118 North. Range 23 West of the 5* Principal Meridian. Hennqtin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for after-the-fact variances to Municipal Zoning Code Section 10.27. Subdivision 5(B) to allow a side yard setback of 47* where 50* is required and to allow a front yard setback of 35.5’ where 100* is required to permit construction of a 3 foot roof overhang over the front cntraiKC of the residence. WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on September 17. 2U01, at which time all person desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota. 1. 2. NOW, THEREFORE, BE IT RESOL3 ED by the City Council of Orono. FINDI.NGS This application was reviewed as Zoning File WI-2713. The property is located in the RR-IA Single Family Rural Residential Zoning District, where 5 acres is the minimum required lot area. The property consists of appro.ximately 1.04 acres or 49,980 s.f Page I of 5 The Orono Planning Conunission reviewed this application on September 17, 2001 and on a vote of 7 to 0 recommended approval of the proposed variances based upon the following findings: A. The structural coverage on the lot is increasing to 2.230 8 s.f (4.9*i) but still well below the allowed 15%. B. The existing residence was built in its present location, prior to current zoning ordinances. C. The adjacent properties are not affected by the roof extension. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City stalT, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. The City Council finds that the conditions existing on Uiis property arc peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not memly 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. CONCLI SIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants uficr-lhe- fact variances to Municipal Zoning Code Section 10.27. Subdiv ision 5(B) to allow a side yard setback of 47 where 50’ is required and a front yard setback of 35.5’ where 100’ is required to permit construction of a 3’ roof overhang above the front entrance, subject to the following conditions: Page 2 of 5 1. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require Planning Commission and Cit>- Council review. 2. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (September 24. 2002). 3. Violation of or non-compliance with any of the terms and conditions of this variance shall coiistitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereb) agrees to the recording of this resolution in the Chain of Title of the property. Adopted b>' the City Council of the City of Orono. Minnesota at a regular meeting held on the 24th day of September, 2001. ATTEST: Linda S. Vee. City Clerk Barbara A. Peterson, Mayor Property Owner (s) Page 3 of 5 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24ih day of September. 2001 by Barbara A. Peterson, Mayor and 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 P^e4of5 iiiTii fitff CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S250.00 (S50.00 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 INFOR.MATION / Site Address ~T~l‘^ n h RnnA______________ Property Identification Number (P.l D.) .l.?y « //9 Attach legal description to application if not ir.c.adcd on required survey. Date Property Acquired f>futiicA _________________ AppScalioo n Date Recehed SIzz/o t Amount Paid H n t^//h M I (do) (do not) also own the adjacent parcels of land. Present use of property: residential ___pother (specify) Zoning District:_______________________ _(month/ycar) APPLICANT/9/j^ Name l a in < ^ X/Vy- Address: >77. /v p\l Phone (home ) ">•% _____ Phone (vvt>rk) ' ■'* 3 7 City: A P/f)tn OWNER (if different than applicant) Name c*/y»j/* Address: Phone (home)_ Phone (work) Zip: City:. DESCRIPTION OF REQUEST Esiinuyed Construction Cost S f}QO ^ ' w ^ r.ne. hr> ^hr%0 (attach additional sheets if necessary ) Describe request in detail: _^co{ diPrii^r vi f Di ^ »* ^ ^ tip vr-ii// PXisJ.iTo h ft ITt /ir*^ ........ ' * variances required ____Lot Area ___Lot Width ____Setback: Front __Side ___Other (specify)__________________ Hardcover _ Rear .Lot Coverage __ Average Lakeshore HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: u.n c hc,/^ -LLl—t^ta9 Q/*d Jern^fi/i vt"^AAr*/ J-/^ Vi/l 'H^P (attach additional sheets if necessary) 4tC% Tr /13 REQUIRED SUB>nTTALS AH of the following information mmt hg submitted hv thg apniication dtadlin# rfat# li^ order for vour application to hf cnntirfertd gnmplftf; 5. 6. 7. 8. Completed Application Form Certified Prof>erty 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, Govi Center, 348-5910). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8'/j" x II" for reproduction. Topographic survey (existing and proposed elev'ations) if any changes in existing grade are proposed. In addition, provide one (I) copy 8'/-" x II" for reproduction. u Sketches or plans of floor & elevation views (provide one (1) copy 8'/i" x List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not cuirent owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff The Applicant and Properly Owner must sign this application. Please remember that vour variance application is not complete if the ahovg information has not been included. APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and ceniries that the information supplied is t^ and correct to the best of hisTier knowledge. Applicant's Signature V V Date OWTSER S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purpose^f investigation and verification of this request. Owner's Signature Vi Date /' y Applicant must have all slibmittals into 'ihe City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to anend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. #•o CERTIFICATE OF SUR DOUG ME IN THE SE 1/4 OF SEC. HENNEPIN COUNTY, h PLAN MERZ RESIDENCE 380 TURNHAM ROAD ORONO .MN j -i- o uial Fee: $. Entered By: __ Date Received:, Permit #: CITY OF ORONO - BUILDDs’G PERiVflT APPLICATION All infonnatioD must be submitted in full before plan review will be started. {please print all information) THE APPLICANT IS:{circle one) ' OWNE^OR CONTRACTOR N..____^ 7) V________. JOB SITE ADDRESS; . Ii Vz-Z/T/y? pA fLziP: NAMEOFOWTSER: l/lj NPi'PHONE: (home) V (work) ^ -P 7 MAILING ADDRESS: .7^^ CITY: CONTRACTOR: ___ CONTACT PERSON: MAILING ADDRESS: STATE LICENSE: tf ________PHONX: MOBILE/PAGER: crr\':ZIP: ARCIDTECT/E.NGINXER: MAILING ADDRESS:___ NAME: PHONE: CITY:_________ REGISTRATION/f ZIP: T\TE OF WORK: New____ .\ddiiion____ Accessory Structure Move _____ Remodel)Ateraiion Land Ateration PROPOSED WORK {describe in detail): ✓)^/ rfio-P iV /ifaticL lU^ -I t^ /*</ ^ ^ STORIES: ^ SQ. FEET OF EACH FLOOR: NO. OF BEDROOMS; ^ GARAGE STALLS: ATT. DET. ESTDIATED CONSTRUCTION VALUATION (excluding land): S.xJ.. I hereby apply for a building permit and I acknowledge that the information above is complete and accurate; that the work will be in conformance with the ordinances and codes of the Ci^ and with the Sute Building Code; that I understand this is not a permit and work Is not to start without a permit; and that the work will be in apeordance with the approved plan. APPLICANT'S SIGNATURE:DATE: ^_dll22ldA. / / NOTE! Parade of Homes events require separate permit approval by Police Department and City Councii 60 days prior to the event. Non-permitted events will not be allowed. Cm^FORONO 2750 Ke»l«y Parkway - PO. Box 66 Crystal Bay. Minnesota 55323 (612) 473-7357 PERMIT PERMIT TYPE: Permit Number: Date Issued: P 05/27/SI3 SITE ADDRESS: 380 TURNHAM RO P.I.N.: 31-118-23-42-0008 DESCRIPTION: TEAR-OFF/RE-ROC«FBuilding Permit Type SF-AOO/REMODEL Building Work Type RE-ROOF Census Code 434 ALT. RESIDENTIAL REMARKS: =EE SUMMARY: VALUATION 62,000 8ese Fee Surcherge Total Fee 682.25 683.25 CONTRACTOR:OWNER: - Applicant - MERZ DOUGLAS 380 TURNHAM RD ORONO MN 55353475-3448 permission to make the real improvements SPECIFIED AND AGREES TO DO ALL WORK IN STRICT COMPLIANCE WITH ALL CITY OF ORONO J^OINANCES ANO STATE OF MINNESOTA BUILDING COOEREQUIRE^^ .n e i \ <l*'rv m^ '- -^ A A ,•■‘ 'V smm • ••• •''•»_•• ®Si' SS -VP^' K i-i • ' ’ • . \ ,'s ' ' ^ 4 L L • • « • . •*.*< V ' ^ / i. / r5^‘" i >.T I vf^•• r- V ' • jS- c '3 %V ■Pl^ • 1 ^ r i X ,-V; 'J-1 -..^•'-’'J* '■ SEPTIC SYSTEM iNVFNTOR Y Address: 380Tumham Rd PID: 31-118-23 42 0008 Building Typ residence #BRs/GPD: 4 ^Systems 1 Units Billed 1 Permit#: 6143 Dale of Permit: 6/6/94 Installer: E. J. Peterson Co. System Type mound E.xperimental: no Appliances lndr>' SYSTEM COSDITIOS Conformity: 1 Tank Condition: 5 DF condition: 11 Failure Pot: low SEPTIC TANKS Material: precast concrete Setback to Bldg: 40 Capacity: 1000,1000,1000 Cesspool: DRAINFJELD Length of Lines 160 # Lines: 3 Trench Width: 10 Treatment Area: 103*58 Type of Filler rock,clean sand Soil Boring: yes Tile Size: 1.5 Under Tile 9 PercRate: 50.7 Setback DF-Bldg: 60 DF Hi above Wt: 3 Soil Type: loam, clay loam Limitations: water table WELL DATA Setbacks - Well-Tanks: Pump Type: subm. 90 Well-DF: Depth: 130 110 Report in File yes Diameter: 3 Method: drilled INSPECTION RECORD DATE DESCRIPTION installation no surfacing no surfacing, pump tanks 4/28/95 10/7/96 4/28/00 PUMPOVT RECORD COMPLIANCE date GALLONS 1 1 1 5SD lt}/r)hii7\ fe/. L i A S Ia >s I|373 Cr bvm4o'6>47'Q T^/n^l SS-? Ii/)14 •S6'^44’0 PERMIT RECORD s^c<- /If • 5 Perait No.Date Tvoe of Pi>rin^ /7.r?6-^ . '\ s -• ..1 X « ^ y ^ « y/^90 ./- /.P./Y., ,r.< 9/ ^ • Ly / j C'^3 6 ' L- •i^/L. -JOJlkf..,5-. a7-f<r 1 Application Date: 60 Day Deadline: 8/17/01 10/16/01 REQUEST FOR COUNCIL ACTION COliwni uceTIHO SEP 2 4 2001 Cl IY or UHUNO DATE: September 18.2001 ITEM NO.: ^ Department Approval: Name Paul Weinberger Title Zoning Administrator Adiainislrator Reviewed:Agenda Section: Zoning Item Description: Zoning District: List of Exhibits 1^01-2715 John M. Bailey 2807 Casco Point Road Variances LR-IC.'/; acre. One Family Lakeshore Residential A Resolution B Site Plan C Planning Report (September 1 1.2000 Review of Request The propertv owners have requested a variance to permit structural repairs and addition of a foundation to an existing detached garage located I. I* from the property line. The purpose of the new foundation is to raise the elevation of the garage to allow for the garage floor to be at an elevation above the driveway. The property owners have stated the garage and driveway are located in a low point and are a drainage backup area. Raising of the garage would not allow the water to pool inside the garage. Secondly the property ov ners are requesting a hardcover variance to permit 40 s.f. of additional sidewalk to connect the patio and deck located to the west side of the house. Two years ago the property owners replaced the deck and patio and added the walkway. The concrete walk is additional hardcover in the 75-250' setback over 25%. llie total hardcover on the propertv. before the sidewalk, is 5.704 s.f (35%). Overall in the 75-250' setback total hardcover will be reduced to 4.304 s.f (27.4%). Most of the hardcover removals are attributed to the removal of approximately 1.500 s.f of landscaping plastic. Staff Recommendation The preferred option would be to relocate the garage further from the property line. However, the property owners would prefer the garage to remain in the existing location since the work being done to the building to correct a drainage problem. A v isual inspection of the site and viewing photos it is clear the garage is in very good condition and should not require further structural improvements. If variances are approved the follow ing will be required of the property owners. 1 . The garage shall meet all requirements of the Tire code including installation of a fire wall. 2. A building permit be applied for and an inspection for the recently replaced decL «01-27ISJohn M. Bailey 2*07 Casco Point Road Page 2 of 2__________ PUaning Commlsiioa RcconPMndatioa: The Planning Commission recommended by a vote of 7 to 0 to recommend approval of the application. COUNCIL ACl ION REQUESTED Motion to adopt the attached resolution approving variances. 101 'i* . rf-; A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B), SECTION 10.22, SUBDIVISION 2 AND SECTION 10.56, SUBDIVISION 16 (L) 2 FILE NO. #01-2715 WHEREAS, John M. Bailey and Patricia S. Bailey, (hereinafter "the applicants") arc owners of the property located at 2807 Casco Point Road within the City of Orono (hereinafter "the City") and is legally described as followrs: Lots 123 and 124, Spring Pork. Hennepin County, Minnesota, except that part thereof platted as Casco Point Road (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance witli Minnesota Statutes and the City of Orono Zoning and Planning Codes, tlie Orono Plaiming Commission held a public hearing on September 17, 2001, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants applied to the City of Orono for a variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit structural repairs and the addition of a foundation below an existing garage located M' from the property line, and variances to Section 10.22. Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit a variance to permit an alteration to existing hardcover over 25% to permit replacement of a deck and patio, and the addition of a 40 s.f. paver walkway in the 75-250' lakeshore setback. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono. FINDINGS 1. This application was reviewed as Zoning File #01-2715. 2. The property is located in the LR-IC (1/2 acre) One Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on September 17, 2001 and recommended approval on a vote of 7 to 0 for variances based upon the following findings and hardships: Page 1 of 4 A. The purpose of the new foundation is to raise the elevation of the garage to allow for the garage floor to be at an elevation above the driveway to eliminate a floor drainage problem. The property owners have stated the garage and driveway apron are located in a low point and are a drainage backup area. Raising of the garage would not allow the water to pool inside the garage, but rather flow off the lower land elevations away from the building and driveway. B. The garage is in generally good repair and no major structural alterations are required. C. Moving the garage, or changing the driveway may involve c.xiensive grading and the addition of more hardcover. D. Tlte hardcover for the sidewalk replaces a pre-e.\isting walkway. The total hardcover for the walkway is 40 s.f. The walkway is required to connect the deck and patio. The walkway replaces a walk that had been located on this portion of the property. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variorKes would not adv'ersely affect traflic 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 properly right of the applicants; and would Kc 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 sUifT, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 4 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or moic of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section I0.2S, Subdivision 6 (B) to permit structural repairs and the addition of a foundation below an existing garage located l.l* from the property line, and variarKes to Section 10.22. Subdivision 2 and Section 10.56. Subdivision 16 (L) (2) to permit a variance to permit on alteration to existing hardcover over 25% to permit replacement of a deck and patio, and the addition of a 40 s.f. paver walkway in the 75-250' lakcshore setback., subject to the following conditions: 1.Authorities granted by this variance run with the property not with the applicants, but arc 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 (September 24, 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 authoriiy granted herein, and shall be punishable as a misdcni«*anor. The undersigned applicants 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 24th day of September. 2(X)1. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner (s) Page3of4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24* day of September. 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 Cit>'. STATE OF MINNESOTA ) )8S. COUNTY OF HENNEPIN ) Notary Public On this _day of ..20. said county, personally appeared before me a Notary Public within and for known to me to be the pcrson(s) described in and who executed the foregoing instrument, and acknowledged that hefthey) executed the same as his (their) free act and deed. STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) Notary Public On this .day of said county, personally appeared 20__before me a Notary Public within and for _____________________________known to me to be the persun(s) described in and who executed the foregoing instrument, and acknowledged that he(they) executed the same ns his (their) free aet and deed. Notary Public Page 4 of4 i Ik. AppOcAllMi Dale: Dcadliac: 8/17/01 10/16/01 TO:Chair Ha\^n and Orono Planning Commission Members Ron Moorsc. City Administrator FROM: DATE: SIWECT: Paul Weinberger. Zoning Administrator/Planner September 11.2001 #01-2715 John M. Bailey 2807 Casco Point Road Variance • Public Hearing Zoning District: List of Exhibits LR-IC, Vi acre. One Family Lakeshore Residential A B C D L F G Application Letter of Application Site Survey Hardcover Calculation Worksheets Garage and Site Plans Property Owners Notification List Permit Record Review of Request The property owners have requested a variance to permit slruclural repairs and addition of a foundation to an existing detached garage located 1.1’ from the properly line. The purpose of the new foundation is to raise the elevation of the garage to allow for the garage floor to be at an ele\ ation above the driveway. The properly owners have stated the garage and driveway are located in a low point and are a draina;te backup area. Raising of the garage w ould not allow the water to pool inside the garage. Secondly tiie property owners arc requesting a hardcover variance to permit 40 s.f. of additional sidewalk to connect the patio and deck located to the west side of the house. Two years ago the property owners replaced the deck and patio and added the walkway, llic concrete walk is additional hardcover in the 75-250 ’ setback over 25%. The total hardcover on the property, before the sidewalk, is 5,704 s.f (35%). Overall in the 75-250* setback total hardcover will be reduced to 4,304 s.f (27.4%). Most of the hardcover remo\ als arc attributed to the removal of appro.ximately 1,500 s.f of landscaping plastic. •OI-riSMnM Baiky 2S07CiKoPouMltMd »I7«I Priori PrrtincBt OrdioMces Section 10.22. Subdivision 2 and Section 10.56, Subdivision 16 (L) (2): Hardcover regulations. (25% hardcover allowed in the 75*250' setback zone) Section 10.03. Subdivision 9; Accessory ’ Structures • Setback regulations. (10' setback required) Property owners do not plan to change the use or location of the garage. Options of changing the setback to meet a greater setback would require the entire floor and foundation be replaced and to change the garage access. Access to Casco Point Road is at a curve in the street The e,\isting property access would not change sight lines for vehicles entering and exiting the property. The l.r etback to the properly line requires the wall closest to the property line to be constructed to meet fire code standards. A fire wall would require any openings (ie. windows) to be sealed to fire protection standards and a fire proof wall be constructed. The fire code requires any buildings w ithin 3 ’ of a property line to be protected. Property Hardcover in the 75-250* setback Preexisting House 2.100 s.f. Garage 496 s.f. Driveway 800 s.f. Sidewalk 208 s.f Patio and Deck 600 s.f Landscape Plastic ±1,500 s.f (To be removed) Total Hardcover = 5,704 s.f (35%) Proposed House 2,100 s.f Garage 496 s.f Driveway 800 s.f Sidewalk 208 s.f - Garage to House Patio anil Deck 640 s.f (Includes the additional 40 s.f. for the walkw ay between the deck and patio) Total Hardcover = 4,304 s.f (27.4%) Total Land Area in the 75-250' setback is 15,699 s.f t0i-37ISJoiMM BaOcy 2107 CacoPMm Raid WI7/0I p^2orj I ........ ~A. Staff Recommendafion The preferred option w-ould be to relocate the garage Amher from the property line. However, the property owners would prefer the garage to remain in the existing location since the w ork being done to the building to correct a drainage problem. A visual inspection of the site and viewing photos it is clear the garage is in very good condition and should not require further strucrjral improvements. If variaiKes are approved the following will be required of the property owners. 1. The garage shall meet all requirements of the fire code including installation of a Are wall. 2. A building permit be applied for and an inspection for the recently replaced deck. OptioBi for PiaBningConimiMiQa Actioii A. Recommend approval. B. Recommend denial, staling reasons. C. Table. D. Other action. •OI-27ISJolwM BaUey 2S07CMCO rate Road »I7/0I rieijan hardcover CAA-'-ci-^ SETBACK ZONE: (CIR'’ 25^00’500-IQQO* ^gTTVG IN ZONE A. Koiae Ur-I* tk4lA a. Canss C. Driveway D. SidewalV: E. Pi:io/Decjc F. LancUcipe Ur.deriaia By Plastic Or Fabric G. Otier TOTAL HARDCOVER IN ZONE total property area in zone A ------------B X ICO - H^QPOgf^n h.\rdcqve R ^ ZONE A. House Un|» B. Garafe C. Driveway D. Sidewalk E. Patio/Deck too . ■ IB5«LS5iis* 44« F. Landscape Ucderlaia By Plastic Of Fabric G- Other TOTAL HARDCOVER IN ZONE total PROPERTY AREA IN ZONE A -p B X 100 - #2//■IL ^D S.F. S.F. S'. S.F. ^<iL S.F. ^nn S.F. S.F. S.F. S.F. tj-o S.F. S.F. S.r. S.F. >.F. .S.F. <yf>9..S.r. ’ ' 7 <_T4 0 _.S.F. _SF. S.F. -----------------------^S.F. -S.F. S.F. _"S.F. >/-S.F. S.F. S.F. 2 S.F. __S.F. ---------------s.f. ----------------------- S.F. __S.F. S.F. "" fi \L.i>y. -27.V»7. HENNKt'lN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST PROP ADDR OmiCII NAME TAXPAVER NANC/ADOR 31 20 117 23 23 0016 2797 CASCO POIRT RD R J CRUNOCCN ( J A GPUHOEI'.N R0WAI.D J CRUNDEEN 2791 CASCO PT RO MAVZATA NN 99191 CONDMN • 30 20 117 23 32 0010 2017 CASCO POItrr RO MESLEV C BVRME NESLEV C BYRNE 2817 CASCO POINT RO MAVZATA MN 99391 CONIM4 I 30 20 117 23 32 0011 2019 CASCO POINT RO C t C SCAHION GENE ( CATHERINE SCANLON 2819 CASCO POINT ROAO MAVZATA H>l 99391 CONONN I PROP AOOR OMNER NAN£ TAXPAYER NAME/ADOR 30 20 117 23 12 0012 2011 CASCO POINT RO J L STERN i L STERN 2011 CASCO POINT RD MAVZATA KH 99191 CONOHN 0 10 20 117 21 32 0011 2811 CASCO POINT RO THERESA A NORSTEO THERESA A NORSTEO 2811 CASCO POINT RO MAVZATA NN 99191 CONONN I 10 20 117 21 12 001« 2007 CASCO POINT RO J N 6 P S RAILET JONH N 6 PATRICIA S BAILET 2007 CASCO POINT RO NAYZATA NN 99191 COHDIW 0 PROP AOOR CNNCR NAME TAXPAYER HAMF/ADOR 10 20 117 21 12 0019 2009 CASCO POINT RD ROGER N nUMtELT i NIFE ROGER N nwMtELT 2009 CASCO PT RD NAYZATA MN 99191 CONONN • 30 20 117 21 12 0016 2000 CASCO POINT RO THONAS B RING THGNAS R RING 2800 CASCO POINT ROAO ' NAYZATA NN 99391 CONONN I 10 20 117 21 32 0017 2010 CASCO POINT RO TAMMY L WUOOIS TAWY L WOOOIS 2810 CASCO POINT ROAO MAYZATA NN 99191 CONONN 0 PROP AOOR OWNER NAME TAXPAYER NAHE/AOOR 10 20 117 21 12 0019 2001 CASCO POINT RO G 0 i B S CZERNINSKl CRECORY D/BETH S CZERMINSKl 2R0I CASCO POINT RO NAYZATA MN 99191 CONDMN • 10 20 117 21 12 0020 2799 CASCO POINT HO TODD J THEILMANH TOOO J THEILMANN 2799 CASCO POINT RO NAYZATA NN 99191 CONDMN • #2715 I CERTIFY THAT THE >ACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION t»F INFORMATION AS IT APPERARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF DATE .•r- jParmit Mot ADDRESS PERMIT RECORD P«t# 3-3/ ^i'6' 5 ^ ^ L. Tvp« ef PTmit 4^ mm i»$|w ifai^S V ‘53 ^ w5«7^ : > rj?;-’ ’ - *^ ■' ■ •'- ’ *1 - ■*'■.' jVrii-t-^'‘ v> ..* • • ■•■ • 4t*’i-*r*7 ■‘^. :. .;■• *^.'. .V -' . •, r K»i_^ '•jr-.r- r TT I'. a e Jf r Wp'^’ fr: . Aj ■ ■' • '•* -1V.r.'^’'\\ r* > - ... V - • ■'.'ll- ?^'7- ■“^’••:'s?i ■ tiMfii^ *,< rVg«, > J® ■L'r-' ' ' -^4 .* .*' •*'*^^ •A •V-> •• . • . •• t *.,•., . • •.',- ■••rw^. 4.• . *'. ,.• t • ■«,/i'"N^ ^ A. ■■» ^ m “piiwm sPj-tS mm iBP^ te^SSl i .' •.-'. •< mm TNOTr*8 tk} vkrk t?^" V3 V^/- -'•f a^ : -‘^•t Bl T> ■iiu ■p. :■ .^^\f >^:; . -^ • m .]«Vr •~'- ‘ .•*.■• *. •’ k?t ri, '•.;' V’ *-■ *■. -CP^o-/Jv- i;- • ^ •i*', I' AppIkatioB Dale: 8^2/01 60 Day Dcadliac: 10/19/01 REQUEST FOR COUNCIL ACTION DcpartaieBt Approval: Naiar Wendy Bottenbcrg Title Assistant Zoning Administrator/Planner kterriMQ SEP 2 4 2001 CilYuh OHONO DATE: 9/21/01 ITEM NO.: IQ Ageada Scctioo: Zoning Item Dcscriplion:MOl-2717 Ted and Jody Spooner 700 Tonkawa Road ATF Variance/CUP Zoning District: LR-1B One Family Lakeshore Residential District (t acre) Lot Area; 28,577 s.f. (.66 acre) List of Exhibits: A Resolution B Stair Report and Exhibits of 9/17/2001 Application Summary': llie applicants have applied foranaRerthe fact conditional use permit and variance to allow replacement of existing retaining walls within the 0-75' setback. Retaining walls are considered hardcover, therefore a variance is also needed for hardcover in the 0-75* setback area. The landscaping work involved the removal of deteriorated and rotten creosote railroad tie returning walls and replacing them with boulder walls. The retaining walls are approximately in tne same location as the walls removed. 1. Variance for land alterations within 75' of the shoreline (10.22, Subd. 2; 10.55, Subd. 8. 10.56, Subd. 16[J]). 2. Hardcover w ithin 75' of the shoreline (10.22, Subd. 2; 10.55, Subd, 8. Subd. 16(11). 3. Conditional use permit for land alteration (10.03, Subd. 21,10.56, Subd. 16 [5]). PLANNING COMMISSION: The Planning Commission recommended by a 7 to 0 vote to- To approve application as presented for replacement of retaining wall. No additional hardcovet in 0-75’ setback area. (No additional steps towards house). STAFF RECOMMENDATION; To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. A RESOLITION GRANTING AFTER-THE-FACT VARIANC EN TO SECTION 10.22, SL'BDI\ ISION 2. SECTION 10.55, SI BDIVISION 8, SECTION 10.56, SI BDIVISION 16 (C) (5), SECTION 10.56, SUBDIVISION 16 (J) AND (L) AND A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 21 FILE NO. 01-2717 WHEREAS. Ted H. Spooner and Jody M. Spt>oner. (hercinafler "the applicaiUs**) arc llie ovsncrs of the property located at 700 Tonkawa Road within the City of Orono (hereiiianer "the City") and legally described as follows: ITie southeasterly half of Lot 7 and that part of Lot 8. all in “Parten’s Point, l-irst Addition.” according to the recorded plat thereof lying northwesterly of the follow ing described line: Commencing at the most westerly comer of said Lot s. thence southeasterly along the southwesterly line of said Lot 8 a di.stance of 51.34 feet to the point of beginning of the line to be described; thence northeasterly parallel w ith the north line of said Lot 8 to the shore of Lake Minnctonl i and there terminating. Hennepin County. Minnesota (hereinafter "the property"); and WHEREAS, the applicants ha\ e applied to the City to pemiit the after the fact construction of retaining walls b> the lakeshore requiring variances to Municipal Code Sections 10.22, Subdi\ ision 2.10.55. Subdivision 8 and 10.56. Subdivision 16 (J) and (L) to allow hardcover in the 0-75* lakeshore setback /one and a variance to Section 10.56, Subdivision 16(CK5) to allow retaining walls which are prohibited in the shore setback zone, and a conditional use pemtit for lakeshore alterations per Section 10.03.Subdivision 21. WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on September 17. 2001, at which time all persons desiring to be heard concenjing this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the Cit> Council of Orono, Minnesota: Page 1 of 7 1. 2. FINDINGS This application \kos reviewed as Zoning File #01-2717, This property is located in the LR-IB Zoning District, where I acre or 43.560 s.f. is the minimum lot area. Th. property consists of approximately .66 acres or 28.577 s.f. 1 he Orono Planning Commission reviewed this application on September 17,2001 and recommended approval by a vote of 7 to 0. The Planning Commission made the following findings of fact: A.The propertN presiously contained an existing deteriorating retaining wall system at Uie lai.eshore. Replacement of tlie retaining wall system was necessary to pre\eiu erosion of the steep lakeshore yard. The existing rock retaining walls are located w ithin 70* of the shoreline but do not extend the full width of the properly. C. D. The rock retaining wall system and steps haidcover is approximately 6.6®'o. The applicants have agreed to provide a suitable planting and vegetation plan which will providL adequate screening to the new retaining wall. No additional hardcover should be allowed in the 0-75' setback area. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect tralTic conditions, light, air. nor pose a fire hazard or other danger to neighboring property; would not merely serxe os a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or diiTiculty; is necessary to preserx e a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 7 juAL STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument >%-as acknowledged before me on this 24th day of September. 2001 by Barbara A. Peterson and Linda S. Vce. Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. NoUr>’ Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of... 2001, before me a Nolar>’ Public within and for said County, personally appeared known to me to be the person(s) described in ajid who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of. Public within and for said County, personally appeared .. 2001, before me a Notary __________known to me to be the person(s) described in and who executed Uic foregoing instnunent, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 5 of?J m S- &IM« > \.v\ SI o I v^u>u>o DM F WATER ELEV = 928.75 FEET.W (10-8-92) \ p - -fwi\ 'iww.A«<r« / * CQ OO** Ofi^a i^€»dai (_■• ^/V^' !f£f__ _ _ /PO- Con*\ I 7 » Wtlloo>AJi c - ol^-IUntfQ ** b»\\L D.^ •** _ V f Oc/^Q o r- s> & 1$4, ^ Su»*4* Vcp4./j (tAAW4.vCMit ‘ C/— f O /sJ t • 8 •• fa4r( 1-^/^ Ui# r i - • t\lmU* K#r#- ,v I Spo^»*r • .. ^ *700 T*oK(Ciisitt^^ OroiAQ TO: Chair Hav^n and Orono Planning Commission Members Ron Moorse. City Administrator FROM: Wendy Bottenbe^ Zoning Administrator/Planner DATE. September 14.2001 SUBJECT: #01-2717 Ted and Jody Spooner 700 Tonkawa Road Afer-the-faci Variance/CUP - Public Hearing Zoning District: LR-1B One Family Lakesbore Residential District (I acre) Lot Area: 28.577 s.f. (.66 acre) Lbl ofEahibits A Application B Letter of RequesLUardship Statement C Site Plan/ Survey D Topographic Map E City Engineer's Letter F Landscape Plan G Excerpts from Comprehensive Plan H Photos of Property I Location Map J Plat Map K Propert> Owner’s List L Permit Record Application Summary: The applicants are seeking an After the Fact conditional use permit and variance to allow replacement of existing retaining walls within the 0-75' setback. Retaining walls are considered hardcover, therefore a vari,-..:cc is also needed for hardcover in the 0-75' setback area. The landscaping work involved the removal of deteriorated and rotten creosote railroad tie retaining walls and replacing them with boulder walls. The retaining walls are approximately in the same location as the walls removed. (Sec Exhibit C). The project requires the following City approvals: 1. Variance for land alterations within 75* of the shoreline (10.22, Subd. 2; 10.55. Subd. 8. 10.56. Subd. 16(J]). 2. Hardcover w ithin 75' of the shoreline (10.22. Subd. 2; 10.55. Subd. 8. Subd. 16[L]). 3. Conditional use permit for land alteration (10.03. Subd. 21.10.56, Subd. 16 [5]). »OI-27t 7 Tid/Jody Spooner 700 Tonkawa Road Variance/CUP 9/15/2001 Page / iBConiistcncv with Comprehensive Plan! The 1980 City of Orono Community Management Plan (“Comprehensive Plan”) contains a number of general land use and environmental protection goals and policies with which the proposed land alteration would be inconsistent. See attached excerpts from the Comprehensive Plan goals and policies and views on altering shoreline areas. (Exhibit D). These same goals and policies appear in the 2000-2020 CMP. Engineering Review: The City Engineer has visited the site and has reviewed the retaining wall layout from an engineering standpoint. He comments the top of the area where the walls exists is steep and the walls w ill provide some slope stability. Grade changes have occurred but appear to be minor and the revised grades flow nicely with the neighboring properties. (Exhibit E). Landscape Plan: The applicants have submitted a landscape plan. The plan does not indicate any plantings in front of the bottom boulders closest to the lake, this should also have plantings, preferably shrubs. In front of it. It would also be recommended that creeping type of plants such as grape vine, iv>. or sedum be planted in between the boulders themselves to soften the boulder walls. (Exhibit F). Statement of Hardship: The applicants have included their statement of hardship in E.xhibit B. The aprlicanis should also be asked for their testimony regarding this issue. ISSUIOI 1. The applicant is requesting an after-the-fact variance to allow hardcover to exceed 0% in the 0- 75' setback to allow the retaining wall construction without a permit to remain. 2. An after-the-fact conditional use permit is required for grading within 75* of the lakeshore. 3. The existing retaining walls were deteriorated and rotten. Staff Recommendation : • Staff recommends approval of an after-the-fact variance for hardcover within the 0-75* lakeshore setback and the applicants pay double application fees as required for after-the- fact permits. Mt-2717 Ted'Jody Spooner 700 Tonkawa Road Variance/CVP 9/14/2001 Page 2 Staff recommends approval of the afer-the-fact conditional use pennit to allow boulder retaining walls and grading to occur within 75' of the lakeshore subject to the following conditions: 1. No further land alteration is to occur without receiving necessary permits from the City. 2. A landscaping plan with additional plantings (creeping plants in builders and shrubs infront of bottom boulders) shall be submitted and reviewed by City staff prior to City Council approval. UOI‘2717 TtWJody Spoontr 700 Tonkawa Road Varlanee/CUP 9/14/2001 Pag* 3 hfflhteia Lot Area; ANALYSIS WORKSHEET LR-IA Lot Area Required 43.S60 s.f. (1 acre) Actual 28,577 s.f. (.66 acre) Hordcovcr Calculationa: Distance from shoreline Total area in setback Allowed hardcover Existing hardcover Proposed hardcover 0-75 ’7,462 s.f.0s.f. (0%) 350 s.f. (4.7%) 490 s.f. (6.6%) 538 s.f. (7.2%)- w/add'l steps 75-250 ’21.115s.f.5,279 (25%) 3,818 s.f. (18.1%) 3,818 s.f. (18.1%) NO CHANGE Applkatioo# PateRtcdvcd 5 3^-C I Amoimt PaidOn L CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address *700 \ry\ Type of Application to be Filed Property Identification Number (P.I.D.) \Ja\r\mXe7C .) Cap APPLIC^ Name KcA ^ SbofV)e Address \Cy\SS ('C. r~ 0>WER (if different than applicant) Name_________________ Phone (home) 7^2 -74£'7l*TJ Phone (work) 33(o 0 City o') WrUHC Zip W)KV Phone (home)______ ______ Phone (work)______ Address Date Propert)' Acquired ’^UfLC Z3. I^^*2L I (do) (do not) also own the adjacent parcels of land. (month/year) FEES - CONDITIONAL USE PERMITS - _____S 75.00 For each variance request with CUP application _____SI75.00 Residential Accessory Use _____S250.00 Institutional (churchy school, etc.) _____S225.00 Guest House/Ouest Apartment^ _____S200.00 Duplex Credil/Bldg _____S325.00 Commercial/Industrial LV _____S250.00 Land Alteration ____ Grading and filling - designated wetland or floodplain Grading and filling - 501 cu. yd. or more K Grading, seawall, retaining walls within 75* of lakeshore PRD/PID - see Fee Schedule $150.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS 5275.00 Commercial Site Plan Review (+ consultant fees) 5300.00 Vacation 5200.00 Easement Vacation 5100.00 Easement Vacation With Subdivision 5350.00 Rezoning (PUD - refer to fee schedule) 5375.00 Comprehensive Plan Amendment 51 00.00 Appeals Other - see Fee Schedule ■v;. ■J ■J REQUIRED SUBMITTALS Completed Application Form. Describe request in detail. 5. 6. Describe request in detail. Certified Pro^r^- Owners List of owners within 350’, labels and plat map (you ctl:r34s"3?/r infwmaUon ^ ^ licensed surveyor) - refer to handout for survey 8. 9. Attach legd description to application if not included on required survey. Topographic survey (existing and proposed contours) if land alterations involve clumges m elevation (grades). ^ List of the kgal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). _ Construction plan, if applicable (see staff for requirements). — As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. ™ SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY The Apphe^t and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete Imuals of Clerical StatT______________________Date APPLICA.NT’S SIGNATURE ■uApplicant’s signature OWNER'S SIGNATURE The owner hereby acknowledges agrees to this application and ftirther authorized reasonable entry onto the property by City stafl. consultants, agents, commission members, and Council members for purposes of investigation and v erification of this request. Date /<: Owner's signamre Date ^ly foJ Applicant must have all submituU into the/6?f oCBSr->V/^hfLr* ih^ .. • "T Comn.U.ion »,d Council If nn oppticM. " bX s tz oftiS;rpTr,'’r j:rnr'“' 1 Hardship Explanation for property at 700 Tonkawa Rd. Orono, MN Owners: Ted and Jody Spooner This property has an approximate 20% to 30% continuously sloping grade from the street until the steeper pitch 75 feel to the lake. Water runoff during rainstorms goes down the property grade to the lake with erosion supposedly slowed by retaining walls. The runoff problem is accentuated as the adjacent house to the north, when remodeled, was built on a higher land grade causing their roof and land water runoff to drain directly onto our lower property. The steeper land pitch to the lake originally had multilevel creosote railroad tie retaining walls with concrete and railroad tie stairs. Over the years, the retaining walls had caved, rotted, and fallen apart. Soil washed over and through the walls. During significant rainstorms, water running down the property grade caused washout of dirt, debris, and creosote (an environmental poison) through the dilapidated railroad tie retaining walls to the lakeshore. The steps had become pitched toward the lake and dangerous, resulting in numerous falls of both children and adults. The initial steeper pitch beginning at 75 feet from the lakeshore presently has no stairs and is difficult to negotiate safely. This is a problem for older people who are walking down to the lake. We have been concerned about personal injury. For environmental and safety reasons, we took steps to correct the problems with the original stairway and retaining walls. The creosote railroad ties were completely removed and disposed of as hazardous waste. The retaining walls were rebuilt with permanent boulder walls with silt barriers and a stone stairway. Neither our landscape contractor nor we were aware that a variance was required to remove and rebuild an existing retaining wall. When we learned this, construction was stopped and the upper stairway was not completed. For safety reasons, we would like to finish the extended stairway on the initial steeper pitch. This is shown on the survey as “proposed steps”. The previously existing hardcover from 0-75 feet prior to rebuilding the wall was 350 sf After rebuilding the walls and stairway (without additional “proposed steps”) the hardcover is 490 sf. If the “proposed steps” are accepted, the final proposed hardcover from 0-75 feet would be 538 sf. ^; i(f Pf^yypnNMgNTAL JUNE, 1980 Q 15. EROSION CONTROL PLANS AND PROGRAMS WILL BE REQUIRED IN ALL LAND ALTERATION PROJECTS, Each contractor vill be required to tnlninire the probability 'f aoil erosion on site and/or slltation danage downstreac. The snallest anount of bare ground shall be exposed for as short a time as possible. Teaporary ground cover will be required until pernanent cover is provided. Sediment traps will be required on slopes and between construction sites and public roadways. Fill must be compacted and stabilized for permanence. |IRRAN ARfd POttClES FOR NATURAL RFSOURCE MANAGEMENT 1. LAND USE STANDARDS WILL LIMIT THE IMPACT OF URBAN ENCROACHMENT ON LAKE MIN’NETONKA. Klnlmua lot widths will space out docks and structural encroachnents while increasing areas of natural vegetation. Lake use regulations will limit the number of boats per property and the amount of public waters available for private docking and boat storage. retention of natural VEGETATION WILL LIMIT THE IMPACT OF URBANIZATION AS VISIBLE FROM THE LAKE. Building heights will be limited to less than the typical tree height'. Klnlnum green bsl*- will be provided with prohibitions against clearcuttlng or excessive thinning of vegetation. Natural vegetation will be preserved on slopes. Retalnlnc walls will be discouraged except when absolutely necessary to prevent erosion I in which case they will be screened with natural vegetation. 3. direct runoff INTO THE LAKE WILL BE MINIMIZED. Standards will be established and maintained to limit the amount of Impervious hardcover in proportion to closeness of the shoreline. Maximum hardcover will be limited to 30% of each parcel within 1,000 feet of the shoreline .. pursuant to Kn. ONR recommended shoreline practices. 4. ALL EXISTING URBAN WETLANDS WILL BE MAINTAINED AND PROTECTED FOR SURFACE WATER RETENTION AND FILTRATION. The existing urban runoff exceeds the capacity of the urban marshes to assimilate all nutriencs, therefore additional pollution hazards would be created if any wetland would be lost. Additional steps to Improve nutrient assimilation include on-site retention on all new developments and storm water recycling through the existing marshes. 5. CITY MAINTENANCE PRACTICES WILL BE DESIGNED TO IMPROVE STORM WATER QUALITY. Salt use for winter street treatment will be minimized. Snow removal practices will locate temporary stofage si'tes where they will not overload the natural drainage system or where foreign matter, especially salt, will not directly enter a marsh or lake. Spring ^ cleanup vill promptly remove road sands and salts before' environments^ damage occurs. - CMB 3--22 p|>]\/|pnNMENt JUNE, 1980 11 D-VELOPMENT or alteration of floodplains will be restricted. Most of the City's identified floodplains are located along the shoreline or within designated aarshlands and will be protected by other pro visions applicable to those areas. In addition, where floodplains do exist on otherwise dry buildable land, construction, filling or alteration will be strictly controlled so as to avoid flow restriction to avoid flood level increases on other properties, and to avoid costl flood danage or pollution dangers.©12^ NATURAL RESOURCE INVESTIGATION WILL BE REQUIRED AS PART OF ALL DEVELOPMENT PROPOSALS. This will include topographical infornation, soil analysis, drainage plans, vegetation plans, erosion control r.easures and similar site data related to each project, whether public or private. The extent of each such review will be determined by probable environmental impact. Greater detail will be required of larger projects than of smaller ones. As proximity to Lake Klnnetonk or a major wetland increases, so will the care and concern increase in direct proportion. 13. ON-SITE WATER RETENTION FACILITIES WILL BE REQUIRED AS PART Or ^L PXSIDENTI.’Ji, COMMERCIAL OR INDUSTRIAL DEVELOPMENT PROJECTS WHENEVER NECESSARY TO MAINTAIN OR IMPROVE THE EXISTING STORM WATER RUNOFF PATTERNS. Whenever a development's location, size, scope or hardcovc would tend to increase the quantity of runoff, increase the speed of runoff, or decrease the quality of runoff, that development will be required to provide on-site retention facilities sufficient to nalnta the existing situation o»* to improve the resulting runoff by reducing quantity, reducing speed and/or improving quality. No development w be permitted to adversely impact it's neighbors, or the City, by changing drainage patterns or by otherwise adversely affecting storm water drainage. 14. LAND USE AND DEVELOPMENT WILL NOT BE PERMITTED AT THE EXPENSE OF ENVIRON.MENTAL PROTECTION. No land will be permitted to be subdlvioe. or built upon which is held unsuitable by the City for the propose use because of flood hazard, inadequate drainage, soil formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage dispose capabilities, or any other feature likely to be harmful to ^ , safety, or welfare of the future residents of the proposed subd ^ or of the community. No land use will be allowed to adversely the neighborhood's air or water resources nor will any use be perm to emit noise, dust, electrical or radiation pollution. L CM? 3-21 py^YIpnMHENI.JUNE, 1980 6. 7. 0 the wetlands and marshlands of the city will be protected and preserved AS WILDLIFE HABITATS, AS UNIQUE OPEN SPACES, AND AS THE ONLY ECONOMICAL* PRACTICAL METHOD OF FLOOD PROTECTION AND STORM WATER RUNOFF FILTRATION. Th« Harra Study, the 208 Water Quality Kanagenent Study, and Orono'a surface water Kanagenent Plan all recoanend this approach to peraanent water quality nanagenent for Lake Minnetonka. In addition, the Orono plan goes on to identify individual wetlands and narshlands that require protection as part of the City's storn water nanagenent program. It is the policy of this plan to effectuate the policies and reconnen- dations of the 1974 Orono Surface Water Kanagenent Plan. PROTECTION OF THE CITY'S MARSHLAND, WETLANDS AND DRAINAGE*.-?AYS S’rLALL INCLUDE PROTECTION OF ADJOINING LANDS AND PREVENTION OF DRAINAGE, FILLING, DREDGING OR WETLAND'S VEGETATION REMOVAL. Ordinances will establish setbacks for all land alteration or construction. Wherever possible, the City will acquire open space and flowage easenents for conservation of these lands. PROTECTION OF LAKE RESOURCES WILL ALLOW REASONABLE ACCESS, USE AND ENJOYMENT WHILE PREVENTING OVERCROWDING AND EXCESSIVE ENCROACK.MENT. in conformance with Kn. DNR Shoreline Kanagenent regulations for recreational development lakes, the City will prohibit overly dense developaent within 1,000 feet of Lake Kinnetonke. -Lake -use regulatior.f will be promoted to limit excessive boat density and overuse of oensiti% bays. Land use regulations will be developed to provide reasonable control over building density, land alteration and lakeshore encroachner LAKE SHORELINES KILL BE PROTECTED FROM ALTERATION. Natural vegetation in shoreland areas will be preserved insofar as practical and reasonable in order to retard surface runoff and soil erosion, and to utilize excess nutrients. Clearcutting will be prohibited. In areas-of soil .•or wave action erosion, nat.ural stone rip rap shoreline protection will be encouraged. . 10. LAKE BED ALTERATIONS WILL BE DISCOURAGED BECAUSE OF ADVERSE SHORT-TERM AND LONG-TERM EFFECTS ON WATER QUALITY. Dredging of lake beds releases large amounts of otherwise trapped nutrients and silt which adversely affects water quality for long periods of tine. Dredging of new char\nels or inlets will not be approved to provide riparian access where none existed naturally. Dredging will be pemitted in limited circumstances only where absolutely necessary to maintain existing natural riparian access permanently lost by something beyond the ^ control of the landowner. Periodic low water conditions or the owner • desire for deeper draft watercraft are not sufficient reasons for disrupting sensitive lake beds. CMP 3-20 *?1/^ .- • • V •- M. ;:.v • /, Sf?-S.%^Uvl tfi'. > . :'«^nn:5a^ 'Ut.vj.ii‘'. • j •> ;v- . -W/ .•«. I ?5' / ••■' ■/ '-• f : M (T' •JUiVi-cX ,.v. I? f ^•■y.'i. '. J. •ATSOf oFfliw aw 0 400 m 11 INO CM r‘^'. 3 wto o« -Tcoif - V ..7 • . ' . . ,Y;y Course 'W.. Wf ST •NAMCH RO ' Nort I f ungs Bay ^ I yOAHl wb aadUW. '41-^ ^ Skotti)trf Pdiu I g ' West ORONO/c ^5 Arm I 5wl . *• uriUN* X I______w ^CNRS^M OR mm SI *■•■ ; /\ ^ / A-Max • ^ ^ \x..-y..•; •..f >■ -y^r Crystal *«>fc«T»»f ><il^ I r -* ^ HUN MTI MTCM Sty MMIfriM COIMTV MOffITV nrOWUTlON SVSTfN PNPcarv oHNiis Lur MWMT m. pi«sMn put u fMf ABM OMNI■ NANI TAIfAViB NAHt/AOM •■•117-2S SS Mil TONKAMA RD MMtT i UUTLEI MMtf C tEUTLE* M* T—AHA n LONB LABE NN SSUA SB M-117-2S M AElt ••A«A TBMUUIA M N % MABLEV 1 0 H UAOIIV IMCtUEL t I OLIVIA N BIAOLEV ISMi IVWOOO ST N N ANDOVU NN fSSM M El-llT-ES IS EtlS A«m TMAMA to BAttAtA fU6M BABBABA PUBN AM TONKAMA BB LONO LAKE NN SSSU f*Or ABM OWNEI NANI TAKPAVEB NANE/ABM M AS-117’KS SB MIA ••7tl TONKAMA BO T N SPOBNEB A J N SPOONEB TIB N SPOONIB lEBBB SUMAC CIB EBfN PBAIBIB NN BSSA7 SB BS*117>» S3 IBIS BB71B TOWAMA BO TNONAS p boobti ab TNBNAS P OOOOTEAB 71B TONKAMA BB LONO LAKE m SSUA SB BBo117-2S SS BBIB BIAAS TONKAMA BB TENPLI ISBAEL BP NIMiAPBLXS TEMPLE ISBAEL BP NOBKAPOLIS tSEA ENEBSON AVS S NPLS NN SMBS PROP ABM eUNEB NAME TARPAVEB NAM/AOM SB BS-117>SS SA BBBl BBTBt TONKAMA BB STANLEY S SANBIPBBB STANLEY S SANBIPBBB Ttt TONKAMA BB LONO LARI NN BB1S4 SB •S>117-2S SA BBS* BB72B TOMtAMA BB P J NIBBLITBN ET At P J I R J raOBLCTON 72B TBMCAMA BB LONO LAKE Ml ffSSA TOTAL BATCH •17 EMM " • f■Vi r j(v' St t-.- ^ /) I CEBTIPY THAT TNE PACTS BEPBESENTEB ABE AN ACCURATE ANN TRUE BEPBESCNTATION OP INPOBNATION AS IT APPEARS TNIS BATE ON TNE BECOME Of TNE NENNEPIN COUNTY BEPABTHOir OP PBOPfBTY TAKATIONi TO TNE BEST OP NY RNOMLIDBE AND BELXEP. ^ *..1 BATE P. ^ J ■ I 05 117 23 34 0003 Robert II. Larson 724 Tonkawa Rd. Long Lake, MN 55356 05 117 23 34 0004 Alan J. Upin 740 Tonkawa Rd. Long Uke, MN 55356 05 117 23 33 0010 Melinda Lee 680 Tonkawa Rd. Long Uke. MN 55356 lAi. Pefit Wo, Il'iS PERMIT RECORD Date -7-^Lu itl7 ilv7*7S <P-/£,-!rV 4j/J /' ■ - JlL-..____/.c •;:) u Type of Perelt -------- /^-cyLc~c^ _______/A*./ 'y^ ^ /^JiA J /a' COdAK'ii tic^lNQ SEP 2 4 2001REQUEST FOR COUNCIL ACTION CiTYOFOflOMO DATE: September 21,2M1 ITEM NO: 11 Department Approval: Name RonMoone Title City Administrator Adminbtrator Reviewed: Item Description: Proclamation-Housin Agenda Section: City Administrator's Rqx>rt Attached is infornialion received from Interfaith Outreach and Community Partners regarding their initiative to raise awareness about local housing issues. Included in the information is a resolution proclaiming the week of November 17-24 “Housing Week” in the City of Orono. COUNCIL ACTION REQUESTED: Motion regarding the adoption of a resolution proclaiming the week of November 17-24 “Housing Week” in the City of Orono. CITY PROCLAMATION OF HOUSING WEEK TO BE NOVEMBER 17-24,2001 IN THE CITY OF ORONO WHEREAS, the Twin Cities metropolitan area faces a shortage of affordable housing, where more than 80,000 low-income households compete for an estimated 39.000 low-income housing units and the rental vacancy rate is one of the tightest in the nation at less than 2 percent: and WHEREAS, the shortage of affordable housing contributes to homelessness; and WHEREAS, more tlum 16,000 Minnesotans (lialf of them children) are homeless on any given night, and women and children now make up llic fastest growing segment of the homeless population; and WHEREAS, between 1987 and 1999, the number of children in shelters on a single night in Minnesota increased 625 percent; and WHEREAS, 7,000 children are expected to be homeless in the Twin Cities this year; and WHEREAS, homeless children are much more likely to experience physical, behavioral, and emotional health problems, be held back in school, and suffer front learning disabilities than non- homeless children; and WHEREAS, Interfaith Outreach & Community Partners (lOCP) provided 602 emergency housing assists in 2000 to prevent homelessness; and WHEREAS, public, private, non-profit partnerships play an essential role in the development and preserx'ation of affordable housing; and WHEREAS, the City is a panicip. nt in the MeU-opolitan Livable Communities .Act; and the City Comprehensive Plan supports a balanced housing supply, with housing available for people at all income levels; and Page 1 of2 WHEREAS* on adequate supply of safe, well-kept, affordable housing is an important component of a strong, stable, economically vibrant community; and 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 17-24,2001 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 September 24,2001. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor : »• Page 2 of2 CITY PR0CLA2V1AT10N of HOUSING WEEK November 17-24, 2001 WHEREAS, the T>vin Cities metropolitan area faces a shortage of affordable housing, where more than 80,000 low-income households compete for an estimated 39,000 low- income housing units and the rental vacancy rate is on of the tightest in the nation at less than 2 percent, and WHEREAS, the shortage of affordable bousing contributes to homelessfiess; and WHEREAS, more than 16,000 Minnesotans (half of them children) are homeless on any given night, and women and children now make up the fastest growing segment of the homeless population, and WHEREAS, between 1987 and 1999, the number of children in shelters on a single night in Nfinnesota increased 625 percent, and WHEREAS. 7,000 children are expected to be homeless in the Twin Cities this year, and WHEREAS, homeless children are much more like* > to experience physical, behavioral, and emotional health problems, be held back in school, and suffer from learning disabilities than non-homeless children, and WHEREAS, Interfaith Outreach & Community Partners (lOCP) provided 602 emergency housing assists in 2000 to prevent homelessness, and WHEREAS, public, private, non-profit partnerships play an essential rote 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 WHEREAS, an adequate supply of safe, well-kept, affordable housing is an important component of a strong, stable, economically vibrant community'; and 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. I do herdry proclaim November 17-24, 2001 to be: HOUSING WEEK in the City of Orono and encourage all citizens to participate in the activities assodated with Housing Week. A\ JflS Interfaith Outreach & Community Partners Plans 3”* Annual **H0US1NG WEEK* November 17-24,2001 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 voiurtteerism. lOCP and west suburban faith communities are working to address THE most critical issue facing low-income families in our community: the shortage of affordable housing. Last year lOCP provided emergency housing assistance 602 times to prevent families from becoming homeless. 66 families were literally homeless at the time they approached lOCP. An estimated 7000 children will be homeless in the Twin Cities this year. Please join with Interfaith Outreach and Community Partners (lOCP), the cities of Plymouth, Wayzata, Orono, Long Lake, and Medina, churches, youth groups, civic organizations, and others to observe the week of November 17-24 as ‘Housing Week ” in our community. Here’s how you can be Involved; • Bring your family and join us on Saturday, November 17. 5:30-7:00 pm, on Lake Street in Wayzata (in front of the Wayzata Depot), for a free soup-line supper and short program to kick-off our Housing Week campaign. The program will feature Wayzata shoe repairman Bob Fisher as he begins his sixth annual winter sleep-out to raise awareness and funds to fight homelessness. Please join Bob and TAKE ACTION to PREVENT HOMELESSNESS!! • Learn the facts! Read, attend local meetings, listen to the news. Think about what you arxl your family can do to better understand and act on the issue of affordable housing and homelessness. ■ To learn more about how you can get involved in a specific project, education and advocacy efforts, call lOCP at (952) 473-2436. Bob’s Sleep-Out.»j| Ybur Waks Up Call / •■1 o "•V •■.’M On Affnrdable Houaing Bob Fisher, local shoe repoirmon, is loKing^^ 0 sior)d ogoirisl Ihe threat ol home lessness In our community. Too many working families, senior ^ cifeens, people wilh disobiliNes, ^ ond people toeing life crisis lack safe and affordable housing Eoch yeor Bob sleeps outdoors in the cold winler to roise oworeness ond funds for local housing soluflons. V Par people Of... Homal • Long Loka • Medidno Luke • MmHiio - : • MInnetaoko Boocti • Orono • Plymoutti • kwry fotg r. Do imi liMw Mt kowliig lacli In Mr coflMMMyr Mere, in our community, we have o real and ■ ■ Irogic aftordobie housing shortfall Of Ihe homeless people using lOCP services, half of ttiem ore childrenu I G Understand Ihe hidden costs of homelessness. Homeless children we at greoter nsk of heoNh problems and poor school performonce Sixty percent of homeless households were working when they experienced homelessness. Inlerfailh Outreoch & Community Portners prevents homelessness • providing emergency ossislance • creating long term housing solutioos • odvocoting lor otfordobte housing No worker thrives without stable housing. Housing is key to a heollhy, vibront community. •ef informed. Get involved Get yourself ond your lomiiy down lo Lake Street! I Join US of Bob's Sleep-Out ^up Supper November 17 at 5:30 p.m.-loke Street in WOyzoto (In front of ttie Depot) HOUSING WE e9 KIGK-OFF i and Soup Slipper M Soturday, November 17 ot 5:30 pm On Lake Street in Woyiola (in front of the Wayzoto DepoO Join LS for soup supper. Join us to buiid community. Bring your family. Teach your chiidren well. • • Make a difference in our community. ^! ...........................................................; "We can eti make a tSUaranca. t alapi out oath my Manda. ' { Ybu cm help too. * ^ Y mIIwWHILP^ □ Vn! I «ki attend the Soup Suoper. □ tM I wi TAKE ACT04 by becomug a map-sponsor Pleese cal ne □ tbilEncteed 6 n^donatCT far lift liwpfto to End Homelessness. {Make cnecU ptfaUe to Irurtacn OutrNdf & CortnwiCy Partrm or CCP\ □ $100 GI850 □ $500 □ $1,000 □ oew ___ Name Address Phone iMwIMi OirtTMck • Ca IttlrMdfcsa ■ilfPMi I Ultl-llll iS2/$IS-$$li • FaiiSfM7t4ll7 V' 1*1 (Conb*iJbonsaretaxOBducOUtJ ’ v‘; ei IHWtaMMU 'AootttiorMM parkw < rittHUGiilk Homeless in Our Community ’ Interftith Outreach & Community Partners CIOCP) 2000 Report A glimpse of homelessness... ...homeless since September 2000. a family of four pays $300 per week for shelter in a hotel. One parent works full-time, the other pan-time so that she can be available for the children. She drives them to school so that they don't have to change schools. ’Their credit history prevents them from securing permanent housing... ...a single working mom had a breakdown after the death of a child. She lost her job and she and her other two children became homeless... ...a single individual has been homeless for more than a year. He stays with friend to friend to friend, and often sleeps in his car. He is unable to maintain consistent employment because of a chronic physical illness... ...a family moves to Minnesota for a and fmds that their housing plans have fallen through... The numbeTs / lOCP served 66 homeless households (167 individuals) in 2000. / Forty-five percent are single parent families, 39 percent are individuals. 11 percent are cou ples or families without children, 5 percent are two-parent families. / Forty-one percent of homeless households are from the community. Fifty-nine percent are referrals from lOCP member churches, schools, agencies, or employed in the community. / Sixty percent of homeless households were working when they experienced homelessness. / Half of the homeless people are children. Twenty 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 homeless child in the Twin Cities is just six and a half, a first grader. Another alarming statistic shows that more and more homeless families are working. In fact, 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). Definitions *11115 report includes information provided by individuals who experienced homelessness in this community in 2000, and sought assistance from lOCP. It does not provide an actual count of homelessness in the community*. A household is considered **homeless** if it lacks permanent shelter. ‘The homeless people ser\*ed by ICXTP live in cars, tents, parks, shelters, hotels, doubled up with friends or ftunily, churches, streets, campsites, or, in most cases, a combination of th^. A liousehold is considered ‘^■car-hoaelcas'* if it must evacuate its place of residence and ftces one or more barriers to fuxling replacement housing. Barrien include a low-income, an immedi ate notice to vacate, a poor credit or rental history, a large family, and using a Section 8 voucher. lOCP's response lOCP works primarily to prevent homdessness. In 2000, lOCP provided S24 emergency hous ing assists, totaling $213,297. The table below shows that roost of this funding (89.2%) was used to prevent homelessness by assisting clients with rent and mortgage payments. lOCP helps homeless and near-homeless 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. lOCTP also provides some financial assistance for home repairs (0.4%) that preserve housing stability. lOCP helps homeless families by maki.ng shelter and housing referrals, and by providing finan cial assistance for shelter, storage of bdongings while in temporary housing, moving expenses, security deposits, application fees, and first months ’ rent Table: Pcrcrnt of Total Emcneiicy Housiof Ex pendinires ia 2000 by Type Type of AaabtaBcc Percent of Total Emergeucy Hooaing Eincaditurea (S215J97) Rent or partial rent payments 75.1% Mortaafte payments 14.1% Security deposits 7.0% Shelter (hotel costs)1.3% Moving/storage e.xpenses 1.2% Application fees 0.9<5o Home repairs 04% In hei' own worcls... Sfy husband and I and our ru-o small children were staying in a homeless shelter for almost 6 weeks. If e worked so very hard to find a place to stay. They told us we only had 30 days at the shelter. / tvor on the phone aU day calling apartmeiUs, hotels, anything. Apartments were SlOQO a month' With deposit and rent and security—the costs were way out of our reach Interfaith was so willing to help. At our first appointmera you gave us a bus card for $11 which helped us get around to look for a place. We also received diapers and some food. Then one of our apartments came thru You took us to the interview. You gave us the 535 apphcation fee (nonre- fimdable) arui wrote a check for $400for the deposit. Then we waited i-4 dbrys. The wait was too long—our time m the shelter was coming to an end Then the apartments called and said "I’m sorry”. We were all so tpset. Then the same day you called (d>out another apartment in Plymouth So we waited / day and they called and said “yes ” because we were working with Iraerfaith /jumped up and down I was so happy. Jnterfaith paid the deposit and first months rent. Qh the feeling was so great—my home for my children If a wasn ’/ for Interfaith God only knows where we would be. * lOCP Mfves right wea Hmepifl County d*ks: Hand. Long Lake. Mefidne Lake. Medina, Mboctookn Bench, Ptymouth (west ofl-494X Orono. Wayzata InlerfUth Ontzenck A CMBBuniiy Partaert, May 2M1 meeting SEP 2 4 2001 REQUEST FOR COUNOL ACTION cn Y UF OHONO DATE; September 20,2001 ITEM NO: Dcpartncnl Approval: Name RonMoonte Titk City Adminisiraior AdninbCrator Reviewed:Agenda Section: City Administrator's Report Item Description: Revisions to the Housing Clement of the Comprehensive Plan The Metropolitan Council staff have reviewed the city ’s updated Comprehensive Plan, and have signed off on the plan, with the exception of the Housing Element. The Met Council staff identified two areas of the Housing Element where additional information was needed. One was the identification of specific sites for higher density development. The other was a set of numerical housing goals. In a meeting with Met Council staff attended by former Mayor Gabriel Jabbour and Council member Sonsevere, the city's representatives explained the city ’s process for facilitating higher density housing projects, and indicated that the identification of specific sites for higher density housing prior to having a quality development proposal would be counterproductive. The Met Council staff agreed that rather than identifying specific sites, it would be acceptable to add language to the housing clement to indicate there arc a number of potential sites for higher density housing and the city has the necessary' zoning regulations in place that would enable the sites to be used for a project meeting the city ’s housing needs. The requirements for the Comprehensive Plan include a set of numerical housing goals, particularly in relation to higher density housing. The Plan originally submitted to the Met Council did not include these goals. Staff has developed a set of goals based on the allowed level of density for towTihouses currently reflected in the updated Comprehensive Plan, and on the planned senior housing project at Highway 12 and Brown Road North, as well as recent discussions regarding a continuum-of-care facility for seniors. A copy of the revised language and housing goals, as well as a copy of a letter sent to the Met Council staff regarding the language and goals, are attached. COUNCIL ACTION REQUESTED: Motion to approve the revised language and goals in the Housing Element of the city's Comprehensive Plan os proposed by staff, with revisions if desired. O ® i ciTYorcmoNO MiukiH Offices StTMt MWrtU: 2750 Kelley Parkway Oroflo. MN 55356 MaHiiii ««rass: P.O Boa 66 Crystal Bay. MN 55323 0066 September 20.2001 Guy Peterson Robin Caufnian Metropolitan Council Mears Park Centre 230 East Fifth Street St. Paul. MN 55101 Dear Mr. Peterson and Ms. Caufman: Thank you for making the eflbrt to meet with us last Friday to get an understanding of our housing objectives and the city’s methodology and philosophy regarding the achievement of those objectives. As we indicated, the city’s updated Comprehensive Plan reflects substantial progress regarding the city’s support for the provision of a broad range of housing types to meet the lifecycle housing needs of the community. The Comprehensive Plan reflects the guiding of additional properties for medium density residential use to enable a broader range of housing types. In addition, after the updated Comprehensive Plan was adopted, the city proactively sought out a developer to build a senior housing project which will provide a type and density of housing that was not even contemplated in the updated Comprehensive Plan. As the city moves forward in its elTorts to achieve its housing goals, rather than reguiding or rezoning additional property for higher density use and hoping for a good project, it is the city’s plan to continue to proactively partner with appropriate builders/developers and property owners to identify opportunities for quality housing projects that meet the city’s housing needs, then reguide the property when a specific project is ready to move fonvord. A prime e.xample of this is the 62 Unit senior housing project planned for the northw est quadrant of Highway 12 and Brown Road North. The city was able to work with the developer, the property owner and the adjacent single-family residential neighborhood to build support for the project. To enable this project to work, the city also amended its zoning code to allow any parcel of commerciol/industrial property to be used for high density residential development through a residential planned unit development TekpliOM(952)24Mi0(l • Fax (fS2) 24M616 wwwxLonMMMna.wi Guy Peterson and Robin Caufman September 20,2001 Page2 The attached revised pages of the Comprehensive Plan include a listing of numerical housing goals, as well as revised language to reflect the city ’s methodology and philosophy regarding the achievement of the city ’s housing goals. These revisions will be reviewed with the City Council at its September 24 meeting. The goals related to townhouse units reflect the current guiding of a 27 acre parcel for medium density residential development to allow a density of six units per acre. The goals related to rental units reflect the 62 unit senior housing project currently moving toward construction, and discussions the city has had with developers regarding a continuum-of-care facilit>* for seniors. This facility, or campus, could again involve using the RPUD zoning district to convert a commercial or industrial site to high density residential use. If you have any questions regarding the language revisions or the housing goals, please call Mike Gaffron or me. Sin^rely, Ronald J, M^rsc City Administrator CMFPgrlJC^Jioji^^ Wliile Orono did not commit to anv specified numeric poals within the context of the Livable Communities Act, the City is required to identify numerical ^oals in response to the Land Planning Act. The City’s housing poals in terms ofafTordabilitv. Itfe-cvcic housing and density for new sewered development in the period 2000-2010 appear in Table 3C-9. OLD 3C-9 To Be Replaced bv Re% ised 3C-9) Table 3C-9: Livable Communities Indices CITY INDEX MET COUNCIL (ORONO)BENCHMARK Affordabllily Ownenhtp 30%60-69% Renu)I*%35-37 •• Ufe^ycle T> pe (^(i non-St K detached)2%35-37% Otvncr'Renter Mi<91-9%167.75) (25-33)*'. Dcniily Single Family Detached 09iM;rc 1 S-l 9 acre Multifamily bocrc IO-14/acrc (RliVISHD 3C-‘>) Table 3C-9: Orono Housing Goals Orono Indet (Eilsting) Mel Council Benchmark City Goal for Sewered Development for 2000-2010 (Eslimated409 total uniU to be developed) AITordability Ownership 301.60-69%160 Affordable Townhomes (I) (152*A of 309 ownership Units) Rental 18%35-37%120 Affordable Rental Units (2) (^29*4 of 409 total units) Ufc-Cycle Type (% non-SFR detached) 2%35-37 280'409 - 6S% OMner/Rentcr Mi\91/9%(67-75)125-33)1'.289/120-71*4/29% Dtatily Single Family Detached 0 9 acre 1 8-19 acre 2.1 unitv’acre (Of «100 anticipated new sewered SF homes, one-third will be new sewered inTilt SF detached in '4 acre and 1 acre cones averaging 1.2 units/acre, and two-thirds will be new sewered SFR in newly guided Highway 12 areas averaging 2.5 units-'acre; overall the mis is anlicipoled at about 2.1 uniu/acre) Multifamily 6'acre 10-14 acre Rental: 10 units/acrc Ownership: 6 vnils/acrc City of Orono Conmuoity Management Plan Scplnabcr 3000 Page 3C-18 CMP Part 3C, Homing Plaa (I jAffurdablc ownership denned as owner occupied lownhome units developed at density of at least 6 units per acre (2)AfTordable rental denned as attached MF rental units developed at a density of at least 10 units per acre To address the need for additional lifecycle housing options. Orono is presiding guiding new areas within the northern portion of the City near the Highway 12 corridor for medium density residential use. This will include a mix of single-family and multi-family development at densities ranging from 2-6 units per acre (see Map 3U-7). Development of these new areas for lifecycle housing will pose a number of significant challenees. First, creation of appropriate housing varieties in certain of these areas will require acquisition of enough individual parcels to accomplish cost-eflicient development. There must be willing sellers within a reasonable time-fnimc. sellinu at reasonable prices. Second, the issue of developers maximizing their profits at the expense of affordability will come into plav. The high value of land and the high housing demand make it difficult to keep housing prices in the affordable taPfigi Third, the Citv is limited in its ability to deny a poorly conceived housing project in an area (hat has already been guided for such use. The Citv has much more tlexibilitv in obtaining the type and quality of development that meets its lifccvcie housing goals if it requires special approvals such as a re/oning or amendment of the Comprehensive IMan. Absent Citv or HRj‘\ ownership, the risk in prematurely identifying specific properties for higher density residential use is that the Citv must, bv .state law, within a short period amend its zoning to conform with the Comprehensive Plan. Once a property is zoned for a use, the owner eains a package of rights and expectations that make it extremely difficult for the Citv to deny a proposal that, while perhaps meeting the minimum standards or general guidelines for the zoning district, does not adequately meet the City ’s housing needs. Yet. Orono is committed to devclopine lifecycle housing at densities that generally arc considered necessary for affordability, and the kev to this will be the abilire of the Citv Council to approve the right project in the right place bv the right developer. A variety of potential sites havebeen informally identified that have a potential for meeting Citv housing goals, but which the Citv will not rc-cuidc until an appropriate development proposal is forthcoming. City of Orono Community Management Plan SeptcBbcr 2000 Page JC-19 CMP Part 3C. Ho«itagPt«» ALHOA Expenditures The Livable Communilies Act additionally established a minimum required level of annual local spending towards affordable and life-cycle housing needs, known as the Affordable Life-cycle Housing Opportunities Amount (ALHOA) based on the City's homestead net tax capacity excesses. Orono’s past expenditures toward the ALHOA have been primarily from Community Development Block Grant funds earmarked for residential rehabilitation grants and loans. City of OroBo Connuaity Maaa|Mical Plaa S«p«taibcr 2tM Pagc3C>2t J CMP Part 3C. liomiM Plan t'rban dcnstl>’ residential development Hill utilize cxiatinK or planned public sers kes and facilities. New residential development will be allowed to infill existing vacant properties within the Urban Service Area consistent with environmental limitations and with the existing or planned capacities of water, sewer, drainage, transportation and recreational facilities. New development will not he permitted to o» erburden these services at the expense of the existing users. New urban development will not be permitted if it requires additional unplanned local or regional facilities capacity. The Cit>* will promote scattered site development as opposed to larite scale tract development within the existing developed urban area. Scattered site dcxclopment has less impact on the existing neighborhoods or on the existing public facilities capacities than does a concentration of development at one location. In addition, most of Orono's existing urban neighborhoods arc a homogenous mix of newer and older homes intermingled with an occasional vacant lot or a larger, divisible lot. There is no single neighborhood which is in need of complete renewal or rehabilitation, nicrefore, there is no need for nor any economical way of assembling a large tract of property for single-project development. The City will promote rehabilitation of existing older or substandard homes. Whereas there is no idcntinabic block of deteriorated housing in the City, there arc a substantial number of older homes or converted cottages that arc in need of repair, energy conservation measures, or major rehabilitation. In many coses, these homes ore occupied by low income or fixed income persons who cannot undertake the needed work within their means. Maintaining existing neighborhoods and existing liomes enables maintenance of alTordabilit). Replacement of these homes, even with higher density development, would result in substantially increased housing prices. Therefore, the City will promote private and su'osidi/ed public rehabilitation efforts to improve the existing housing stock, to improve and maintain the neighborhoods, and most importantly to improve the living conditions of the affected citizens. The Cit>' will .^omote development or rebahililallon that Is compatible wath the existing neighborhood. The Cit>' will encourage all homeowners and developers to be conscious of the neighborhood, the site and the environment in the design and improvement of residential properties. The City will encourage, and in many cases, require the retention of woods and vegetation, open spaces, light, air and scenic views. No new development will be permitted to conflict with or to adversely affect the established neighborhood character. City or Oroao Coainuiiity Manogemcnl Plan S«p«caitMr MM Page iC-23 CMP Part 3C. HoMsIne Pta« 8.The City will promote subsidizes ret. Mliution that benefits the existing* often long term, Oronorcst citizens are Orono's greatest asset As they grow older, we shoutu not turn them out of their homes, but rather we should help them provide safe and comfortable living conditions in their existing neighborhood. Rural Hou.slng Policies Housing in rural Orono will be limited to single family homes at established rural densities. Orono's Land Use Plan will result in an ultimate rural density of one dwelling per seven acres on minimum lot sizes of S dry-buildable acres each, and one dwelling per four acres where the zoning requires a minimum 2-acrc lot size. This density is consistent with the City's environmental protection commitment and is consistent with the overall Goal of preserving the historic rural cluuactcr of the area. Because of this preferred use. and because there is no provision for any municipal sew er, water or other urban scr\ ices, multi-family development or any densely clustered residential development will generally not be appropriate for nual Orono. However, clustered development at a 2-acre density could be posssible if sewage treatment technology for clustered developments advanced to the point that the City was assured of the long-term operation of the sewage treatment system. The City ’ will promote rehabilitation of existing older or substandard rural homes. Rural Orono contains a significant number of older homes, which also require repair, energy conser ation measures or major rehabilitation. These rural owners also require the same type of assistance often reserved for urban areas, fherefore, the City will promote private and subsidized public rehabilitation efforts in both urban and rural housing improvements programs. City of Orono Coomnaity Manf gcnicnt Pina Srptraber 20M Page 3C-24 I! CMP Part JC. Iloaiiag Plaa HOUSING ACTION PLAN Orono's 1 lousing Action Plan is a set of implementation policies designed to achieve the above stated Housing Goals and Planning Policies. As has been indicated, tlie dominant land use in the City of Orono is primarily that of singl 'Hmily residential homes. There is very limited industrial-commercial d.velopment or opportunities for employment and shopping within the City. Orono residents have always relied on the historic town centers in adjacent communities for shopping as well as employment. The general lack of commercial and industrial development and the limited availability of city* scrv'ices such as municipal sewer, wntcr and moss transit will limit the opportunities for. and make it dilTicult, if possible at all. to provide opportunities for the range of housing types required to meet the affordability and lifecycle goals in many areas of Orono. However, several areas in Orono have been identified which can provide an adequate level of public services to support the development of new lifecycle housing opportunities. A top priority in Orono must be improving the housing conditions of persons w ho ore presently inadequately housed and eliminating substandard housing. Hiere are deteriorated and dilapidated housing units located throughout the City. Most of Orono’s urban dwellings have been upgraded from seasonal cabins ti. jugh either private or publie rehabilitation programs. Others remain in need of attention. Thus, while pursuing where possible the con. .ruction of new life-cycle and alTordablc housing units in the City. Orono’s Housing Action Plan is aimed principally at improving the condition of Orono's older homes, both urban and rural, and improving the housing conditions of Orono’s many low, moderate and fi.xed income residents. 1. Orono will cooperate with neighboring cities to fulfill area-wide housing needs. Most apparent is the need of many senior Orono residents who desire to live in the immediate area, but who eannot find availabh* senior housing. Orono will actively participate with nearby municipalities to faciliuitc the provision of senior housing at locations that ore near to home yet also convenient to necessary shopping, transportation and medical facilitio. 2. Orono will participate in housing rehabilitation subsidy programs. Many Orono residents, both urban and rural, are occupying older housing that has code-related structural, safety or health hazards, substandard living conditions or energy inefficiencies. They would like to improve their housing condition and their neighborhood’s appearance, but are unable to because of insufficient income. In many cases, older couples are forced to choose between City of Orono Conmnnily Mansgcnicnt Plan Srpteabrr ZOOS Page 3C-25 CMP Part 3C. HoasiacPUa heat or food or leaving their place of long residence. Orono will continue to actively participate in Community Development Block Grant and Minnesota Housing Finance Assistance programs designed to help these citizens meet their vers immediate housing needs. OroDo will encourage developers to provide a variety of bousing t>’pes and cost ranges. Wlicnever a multiple family or clustered housing development is proposed. Orono will actively encourage setting aside a reasonable number of units for large families and/or for low and moderate income families. Orono will participate and assist developers in applications for loan guarantees or other suitable forms of housing subsidy aids which may be available. Orono will also consider proposals for lifecvcie housing options for sites which have not been guided for such use, but where such use mav be appropriate if developed in a manner that is sensitive to the surrounding land uses and has the necessary services available. Such areas mav include property that is currently guided or zoned for more intense uses such as commercial or industrial, or mav include sites adjacent toexistimi hiuher intensity uses. Housing construction will be subject to uniform state building code requirements but will not be burdened with unnecessary zoning requirements. Orono does not intend to require arbitraiy minimum dwelling sizes or minimum amcnit>* installations os these artificial standards only drive up the cost of housing while limiting the buyer's freedom of choice. Zoning standards for lot area and lot density will be based strictly upon environmental concerns and public facilities availability. Zoning performance standards will be bused upon minimum health and safety standards such as fire protection and open space availability. State Building Code performance standards will be enforced to ensure structurally sound, weather resistant buildings providing adequate health and safety protection for the future occupant and for the general public's welfare. Orono will encourage community pride. Private initiative has always been a charactcrstic of Orono residents. Programs will be pursued to encourage continuing maintenance and upkeep of all properties and to promote the privately financed rehabilitation of older and under-used properties. Orono will promote energy conservation methods and procedures. The Building Inspection Department will actively keep abreast of all new s>stems and products and will assist all homeowners in auditing aiul improving the energy efficiency of their homes. Orono will actively pursue and advertise all available programs for energy conserv’aiion ftuKling. City of Oroao Comaiualty Maaagcuiriii Plia StWMktr 2IM PagcX:-26 .... ,-wii REQUEST FOR COUNCIL ACTION cniiwr'M ticpriRQ SEP 2 4 2001 Cl1YU»^OMUftO DATE: September 19,2001 ITEM NO: /3 Dcp«rtmcnt Approval: Nane RonMoorse Title City Administrator Adminbtralor Reviewed:Agenda Section: Cit>’ Administrator ’s Report Item Description: Long Lake Fire Services Budget Adjustment Due to necessary expenditures beyond the budgeted amount for equipment maintenance and repair, the year 2000 Long Lake Fire Service expenditures exceeded the budgeted amount by $ 11,122.36. A portion of this overage will be covered by the Fire Department ’s Special Fire Fund. The remaining $8,340.79 is to be allocated between Long Lake. Medina, and Orono. Orono ’s share is S5.940.3 1. A budget adjustment is needed to reflect the expenditure. COUNCIL ACTION REQUESTED: Motion to approve the expenditure of $5.940.31 as the city’s share of the year 2000 Long Lake Fire Department budget overage, and to approve a budget adjustment to reflect the expenditure. i n m C » T Y OF LONG LAKE **6C0VQ) ^ue 012001 v..fOFOBONo July 27,2001 Mr. Ron Moorse City Administrator City of Orono P.0.66 Orono, MN 55323 Dear Ron. Enclosed is the 2000 audit of the Fire Department’s operating budget. As you can see, the Department has exceeded its budget by S11.112.36. This is due primarily to higher than normal equipment parts and repair expenses near year-end. Overall, expenditures were tracking as expected through November but December repairs were extremely costly. The Fire Department will fund the S2,77I.S7 excess in awards and recognition expenses from their special fire fund. The remaining overage of $8,340.79 in fire fighting expenses will be split between the contract cities using the 2000 budget percentages. An invoice for the budget average is enclosed. Please contact me with any questions at 952-473-6961. Sincerely, Michelle E. Morse City Administrator cc: Steve Persian, Fire Chief 1964 Park Avettue • PO Boi 606 • Lrwf Lake. Mimetota SS3S6 • 9S2-47}496I 9S2-476-9622 (fu) • hnpJfmww a lonf4akc.iMi us CITYOF LONG LAKE 1964 PARK AVENUE P.O. BOX 606 LONG LAKE. MN 55356 MmilCIE DATE: July 31, 2001 Invoice: 73101-0 To:City of Orono P.O. Box 66 Crystal Bay, MN 55323 TERMS Upon Receipt City of Long Lake 2000 Budget Audi! *Expendihjre GuidolineC Current Period: CLOSING ENTIUES 20 Act Statue Account YTO Amount MTO Amount Ene Current Bolence of Budaet FUND 101 GENERAL FUND DEPT 42200 Fire AdmlnloOallon Active E101-42280-101 FoO-Tlme Employoee S3.000.00 $4,332.31 SO.OO In-Active E 101-42280-102 Ful-TIme Employees $0 00 SS7.92 SO.OO Active E101-42280-103 Part-Time Employee $11,885.00 $11,885.00 $0.00 E 101-42280-121 PERA $150.00 $22743 $0.00 E 101-42280-122 FICA $1,140.00 $1,244,88 $0.00 E 101-42280-124 Fire Pension Conirib $28,000.00 $28,000.00 $0.00 E101-42280-131 Employer Paid Heall $0.00 $346.23 $0.00 E 101-42280-151 Workeria Comp Insur $3,000.00 $800 41 $0.00 E101-42280-201 Accessories (paper. $1,600.00 $1,172.52 $0.00 E 101-42280-305 Medical and Dental $2.60000 $5.375 30 $0.00 E 101-42280-311WXF.T> $1.450 00 $1,241.00 $0.00 E101-42280-322 Postage $0.00 $17.21 $0.00 E101-42280-331 Travel Expenses $200.00 $235.90 $0.00 E101-42280-381 General Uabttty Ins $10,000.00 $10,089.00 $0XX) E101-42280-430 Miscellaneous (GEN $1,619.00 $974.76 $0.00 E 101-42280-433 Dues and Stdjscrlpti $1,100 00 $1,041.85 $0.00 E101-42280460 Awards and Recogni $500.00 $3,271.57 $0.00 Active Active Active Active Active Active Active Active Active Active Active Active Active Active $0.00 $0.00 $0.00 $0 00 $0.00 $0.00 $0.00 $0 00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 41.352.31 -$57 92 $0 00 -$77.43 4104.88 $0.00 434623 $2,199.59 $427.48 -$2,775.30 $209 00 -$17.21 -$35.90 •$89.00 $644.24 $56.15 -$2,771.57 145.08 0 100 151.62 109.2 100 0 26 68 73^8 206.74 85.59 0 117.95 100.89 60.21 94.71 654 31 DEPT 42280 Fin Adminlatntton $66 224.00 $70,313.29 $0.00 $0.00 -$4,069.29 106 17% DEPT 42281 Fire Flgtittng Active E 101-42281-103 Part-Time Employee $37,000.00 $34,554.00 $0.00 $000 $2.446 00 93.39 Active E 1C 1-42281-122 FICA $2,831.00 $2,639.99 $0.00 $000 $191.01 9335 Active E 101-42281-208 Training and Insinjcti $11,500.00 $10,952.91 $0.00 $0.00 $547.09 9534 Active E 101-42281-212 Motor Fuels $1,500.00 $2.25596 $0.00 $0.00 •$755.96 150.4 Active E 101-42281-216 Criemica*s and Che $1,400.00 $765 35 $0.00 $0.00 $634 65 54.67 Active E 101-42281-219 Medical Supplies $1,500.00 $1,666.61 $0.00 $0.00 -$166 61 11134 Active E 101-42281-221 Equipment P«ts $7,600.00 $12,601.10 $0.00 $0.00 -$5,001.10 165.8 Active E 101-42281-240 Smal Tools and Min $0.00 $1,249.04 $0.00 $0.00 •$U49.84 0 Active E 101-42281-241 Protective OearAJnif $10,500.00 $5,976.39 $0.00 $0.00 $4,523.61 56 92 Active E 101-42281-323 Radto Urdu $3.80000 $2,535.52 $0.00 $0.00 $1.264 46 66.72 Active E 101-42281-328 Pagers $2,400.00 $2.381S3 $0.00 $0.00 $16.17 99.24 Active E 101-42281-404 RepairsMaint Machi $7,000.00 $16,979.30 $0.00 $0.00 •$9,979.30 242.56 DEPT42U1 Fin Fighting $67,031.00 $94,560.02 $0.00 $0.00 •$7,529.82 10865% DEPT 42282 Fire Staflon ButMIng Active E 101-42282-321 Telephone $2.S00JX)$2,632.65 $0.00 $0.00 •$132.65 105.31 Active E 101-42262-361 Electric UlMllas $2,000.00 $1,135.06 $0.00 $0.00 $864.94 56.75 Active E 101-42282-363 Gas UUMias $1,900.00 $1.39059 $0.90 $0.00 $509.41 73.19 Active E 101-42282-401 RepairsrtMNntauarfl $1,300.00 S2.034.95 $0.00 $0.00 •$734.95 156 53 Active E 101-42282-412 BuOding RaMato $13.200 00 $13,200.00 $0.00 $0.00 $0.00 100 OEPT4mi Fin Siatfon BuMtng $20,900.00 $20,393.25 $0.00 $0.00 $506.75 97.58% FUND 101 GENERAL FUND $174,155.00 $165,267^6 $0.00 $0.00 •$11.11238 106.36% Report Total $174,155.00 $185.26736 $0.00 SO.OO ^411.118.36 106.38$^ REQUEST FOR COUNCIL ACTION SEP 2 4 2001 QTY CH* OHONO DATE: September 19,2001 ITEM NO: jcf Dtfiftrtmeiil Approval: Nmc Ron Moorse Title City Administrator Admiabtrator Reviewed:m Agenda Section: City Administrator ’s Report Item Description: Tank Replacement On Long Lake Fire Tanker Truck Attached is an invoice from the City of Long Lake, in the amount of $6,442.87, for the ci^'’s share of the cost of the replacement of the tank on Tanker iil 1, and for graphics on the new tanker truck(Tanker 12). A budget adjustment is needed in the Improvement and Equipment Outlay Fund to reflect the expenditure. In addition, a budget adjustment is needed to reflect the expenditure of $ 177.33 as the city’s share of the cost of a gauge added to Tanker 1 2 as part of the original purchase of the tanker truck. COUNCIL ACTION REQUESTED: Motion to approve a budget adjustment in the amount of $6,620.20 in the Improvement and Equipment Outlay Fund to reflect the expenditures for the tank replacement on Tanker 11 and the additional expenses for Tanker 12. To: CITYOF LONG LAKE 1964 PARK AVENUE P.O. BOX 606 LONG LAKE. MN 55356 City of Orono P.O. Box 66 Crystal Bay, MN 55323 mmxE DATE: July 26. 2001 Invoice: 72601 .i —. w .Jiu- 'i G 20l»! ur UrtOtSC. TERMS Upon Receipt INVOICE RIVER BEND INDU9TRIE9 2421 - 16th Ave. S. Moorhead. MN 56560 Phone 218-236<1818 • C« SOLD TO - Fat 218*236-6166 www.rlverbendlnd.com INVOICE »mtsi (C (|| Bitr (( led DATE if/i;/ii SHIP TO: aiiasSfe: INVOICES NOT PAID IN TERMS OF SALE WILL BE CHARGED 18% PER YR iiD'imt m-sHiUMti iH nu viiT iirim-ruii III lUlMOSI III iviMni m rmiM m iipmm) 'MC(-F(ru-im rvirv-iei nil sms hh ’ ' 2 limcIlMl, HNli; F*r 2m J l»«J; :i. fill i fin Weli' luap llilvi PnvliUrt I r MIirIi hap Vllvt f«r fin Tmli 1 J(* 'Ti)miplRf (hit* fir ilH fiilir, sl*|li lill 'frick (Id Ifip Tiak frill fir flH III* MhirlfliU mtlRi.-riT'iifT ViNi.; i* littirflf y/Niilli' tihir; lipilr I liiitlRf t|Blp itiV'imiim ■ llivi fir riii|M IR laturflf 1 ilvi iRl t* (In* iinli 1 ttiiatif r UMT , I 01» OHO wa- • I *jl gggBB r-*: III Cl V* 1.221.10 Jll'.l* •UU.I* sn.ei 2tS.II 2ll.ll ; im.ii Ci-iMiH (i.ii Ml. RECEIVED BY. CUSTOMER INVOICE I.(21.00 1.22MI (i/Hi'.ir ' 4 m.fo lilMl r 4IS.{9 im.li 1 m.ii ISII.II 2IS.ll I2IMI 211.1*mi.ii 41S.ll Mis.Mv.;. /114.11 tiii.ii > \ f 24].4S 1241.4S IKI.II % I IM.II iiii.ii SUB TOTAL SALES TAX MISC. CHARGES FREIGHT ’HTAL I.. INVOICE RIVER BEND INDUSTRIEB 2421 • 16th Ave. S. Moorhead, MN 56560 Phone 216-236-1818 Fax 218-236^168 www.rtverbendlnd.coai (C (ir l<tr (( litk INVOICF Kftll DA^E • f/l.'/il SHIP TO: Jill lilf fir^lMt,mm >■ jLiEV iHi iitf fi^i lift;' y ’ u:^i IIM riri RVI •. INVOICES NOT PAID IN TERMS OF SALE WILL BE CHARGED 18% PER YR ‘ 'vA|A| ■iiiiijiwniiuijunn 1 UMT..I0 -iiatoTv = nillllllllllBIWM: O' ~^<ia|oTv BO Mf iwriol ,CHt •» ' ' t •••i; V RECEIVED BYu tlMMtl ^ .;mi CUCTOMER INVOICE SUB TOTAL SALES TAX MISC. CHARGES FREIGHT H.MMS Mi Ml Mi 1 II ■OTAL II 11; iui.ii.L ‘HI ------■ Constructive Ideas Planning • CPM Scheduling • Project Cost Analysis • Preconstruction Services Scplember 5.2001 Ms. Michelle E. Morse, City Administrator City of Long Lake 1964 Park Avenue P.O. Box 606 Long Lake, Minnesota SS3S6 Request for Proposal Long Lake Fire Station Dear Ms. Morse: Thank you for i.ic opportunity to submit a proposal to your Request for Project Management Services for the new joint Long Lake, Orono and Medina Fire Station. I hope this proposal by Constructive Ideas. Inc. and Kirk Program Management Inc. will address your concerns and auestions and help you select us as your project manager for the design and construction process. Constructive Ideas, Inc., the lead firm in this proposal, was formed in 1988 to be an Owner’s resource during the design and construction of commercial and municipal buildings. The firm focuses on cost management and scheduling issues. Kirk Program Management, Inc., w as formed in 1992 to help clients manage their design and construction projects from predesign through post occupancy By emphasizing the strengths of both firms at vanous times in the project, we belie\ c we are able to offer a range of ser\ ices and c.xpericnce that is unmatrlied in our area. We have worked together over the past eight years on numerous projects, and have a proven track record of success. Attached is our response to >uur Request for Proposal for Project Manager Services and a general explanation of our philosophy for providing those services. We look forward to the opportunit)’ to meet with you and discuss this proposal in detail and answer any questions you may have. Sincerely, KIRK PROGR.\M MANAGEMENT LNC. President Ronald G. Kirk President Enclosure ' 901 Jefferson K\ enue. Suite 300 • Sl Paul. h\S 53102 • (651 j 225*4740 • Fa» 225*4741 New Fire Station for the Cities of Long Lake, Orono & Medina, Minnesota Orono, Minnesota Proposal for Project Management Ser>ices September 5,2001 Constructive Ideas, IncJKirk Program Management Inc. 901 JefTerson Avenue, Suite 300 St. Paul, Minnesota 55102 Owner Representative Approach & Services Owner Project Manager PcucriptiQii The role of ihe Owner Projccl Manager during the project ’s Design and Construction Phases is to proactively manage the design and construction team activities so as to meet the programmatic objectives of the Owner while optimizing schedule and minimizing overall project costs. To this end, the Owner Project Manager must be empow ered to act as an agent of t!ic Ow ner in all design and construction matters so as to effectively interface and coordinate the efforts of the design professionals with the various Ow ner departments and agencies. Project Phasing The Design and Construction effort for the new Fire Station for Long Lake. Orono and Medina. Minnesota w ill take place during the follow ing proposed time period. DescriDtion Start Finish Selection of Architect 9'15/2001 9-30 2001 Schematic <& Design Development 10/1/2001 11/15 2001 Construction Document Phase 11/15/2001 2-15 2002 Project Bidding & Receipt of Bids ..2 15 2002 3/7 2002 Venfication & Approval of Bids 3 7 2002 3 14 2002 Const. Contract & Notice to Proceed 3 14 2002 4 15 2002 Construction &. Substantial Completion 4 15 2002 12/15 2002 Project Turn-over & Occupancy 12/15 2002 12/31 2002 Naturally, during the evolution of the project, it is normal for focus to shif\ from the macro to the micro: from the s>'stem, to the component, to the element. It is during the early phases of the project, during the early design and preconstruction phases, when this evolutionary process forces major decisions to be made w hich will impact not only the project ’s aesthetics, but also its initial cost and long range operational costs. This is when true value anaUsis can be done, and w hen an Owner ’s Project Manager can ha\ e the greatest impact on the project ’s overall outcome. To be truly effective, and Owner ’s Project Manager must not only monitor and guide the Design Professionals by making timely obser\ aliens and recommendations, but they must also communicate and guide the Ow ner to assemble and process all the related infonnation generated by the Ow ner, in order to interact w ith the Design team for the good of the project. Owner representation and Project Management is an on-going process. It requires efforts in planning, scheduling, communicating, public relations, documentation and accounting. It does not usurp the responsibilities of the Owner or project designers, but it enhances and strengthens the team, and helps achieve recognizable project goals. Follow ing is a general listing of the major project phases and a listing of Owner Project Management activities related to each phase: •I I. Sfleclion of an Architgct September 15,2001 to September 30.2001 A. Identify & recommend experienced I^ign professionals for possible selection. B. Draft & distribute Architect’s Request for Proposal. C. Attend Architects Interv iew & advise Owner on selection of Design Professional. D. Recommend contract terms with successful Design team on behalf of the Owner. II. Schematic & Design Development October 1,2001 to November 15.2001 B C D. E. G. J. Develop a project management plan to identify and communicate important project objectives, considerations, and strategies. Establish and publish an overall project development schedule. Establish and distribute a project communication plan. Establish & publish an overall project budget, and project cost management plan. Implement & manage team planning and goal setting activities to ensure effective and voluntary' teamwork. Identify, establish & implement project decision making procedures, roles and timelines. Evaluate and recommend to Owner construction delivery' methods and options. Recommend and arrange for soil investigation services to interface w iih the Design professionals. Manage programming .and schematic process and team to optimize long term success of project. Establish a reporting and review system with the Construction Committee. III. Construction Document & Bidding? Phase November 15. 2001 thru March 15,2003 A. Manage design team efforts on behalf of the ow ncr. B. Attend design review meetings. Establish a recording and communication distribution system w ith the Construction Committee. C. Report and review progress of the project design with the Construction Committee on no less than a monthly basis. D. Review progress of design w ork for conformance w ith approved program and to optimize long term value of project. E. Evaluate design concepts for construcubility w ith regard to: 1. Resources (manpow er & material) availability. 2. Sequence of construction. 3. Control (limit) number of different systems and materials. 4. Provide specification review for procurement optimization. I. F. Review building component and system selection from long term operations and maintenance perspective and initiate reviews by both Owner personnel and sub-consultants. G. Manage document development consistent with Owner timing needs to meet project milestones. H. Arrange for and provide “Peer Reviews" for the design documents and project specifications. (These reviews will be provided by qualified subcontracting firms and individuals active in our metropolitan construction market.) Provide Project Cost Management services for the Owner. 1. Establish overall cost categories for project expense. 2. Forecast costs where necessary for the OvsTier’s benefit. 3. Provide protoUpe cash flow schedules to aid the Owner in predicting project cash requirements. 4. Provide value engineering services. • Leg and monitor Value Engineering ideas. • Evaluate with design team full impact of suggested V.E. ideas • Provide life cycle cost analysis of major s>*stems if needed. Prepare and recommend list of project bid packages necessary to meet overall project schedule. These packages are “project packages”, such as telephone installation, furniture procurement and building security, and may or »nay not include items normally associated with the actual construction of the building shell. K. Coordinate and manage bidding process on behalf of the Owner and Construction Committee. J. IV. Construction Phase April 15.2002 thru December 15. 2002 A. B. C. Negotiate construction contract on behalf of the owner Attend routine w eekly job site meetings. Provide monthly status reports to the owner 1. Narrative of progress, changes and overall status. 2. Schedule review w ith milestones and key dales highlighted 3. Financial review with current cost & billing information and projected future cash requirements. 4. Arrange for professional progress photographs if necessary'. D. Maintain project documentation and record keeping s>'slcm on behalf of the ow ner. E. Monitor contractor planning, scheduling and procurement strategies and results. F. Facilitate conflict resolution where appropriate. G. Actively demonstrate and support positive team building actions consistent w ith Owmer's best interests. H. Monitor contractor quality assurance strategics and implementation with specific focus on meeting project and owner requirements. I. Monitor contractor application for payment. J. Monitor change order process and review costs on behalf of owner. I V. Froiect Turnover & OccBPancv December IS, 2002 thru December 31,2002 A. Monitor commissioning process on behalf of the owner, B. Establish and monitor piojecl close-out process on behalf of the owner. C. Collect and distribute operational and maintenance manuals and warranties. VI. Fees A. If awarded the Fire Station project only: The lump sum fee for Owner Project Manger Services for the Fire Station described above will be Seventh ’ Five Thousand Three Hundred Thirty Doliars ($75,330.00). This will be broken down among the various project phases as follows: Selection of an Architect Schematic & Design Development Constniction Documenu & Bidding Constniction Phase Project Turnover &. Occupancy Co>t filM Due S 2,430.00 Lump sum 10 15 2001 S 6,480.00 S3.240/mo Monthly S24.84000 56,210 mo Monthly 536.720.00 54,590'mo Monthly S 4,860.00 Lump sum 1/15/2003 B. If awarded both Rre Station and Cil>’ Hall projects: The lump sum fee for Owner Project Manger Services for the Fire Station described above will be Sixt>* Thousand Six Hundred Fifts’ Dollars (S60,650.00). This w ill be broken down among the various project phases as follows: JPhase Selection of an Architect Schematic &. Design Development Construction Documents & Bidding Construction Phase Project Turnover & Occupancy Cost Milled Dug 5 2,430.00 Lump sum 10 15 2001 5 6,480.0n S3.240mo Monthly 524,840.00 56.2 tamo Monthly 522.040.00 52.755/mo Monthly 5 4,860.00 Lump sum 1/15'2003 directly associated with this project. Examples of these are long distance telephone calls, faxes, courier service, photos, out-of-town meals and travel expenses and mileage at the rate of S0.35 per mile. Upon acceptance of this proposal a target estimate of these expenses w ill be provided for your use. However, we would not incur any reimbursable expense in excess of $100 without your prior approval. These expenses will be billed on a monthly basts. t Direct ResDonses to Owner Ouestions 1. Firm Organization Constructive Ideas, Inc. has been in business over thirteen years, and Mr. Wolters has over thirty years’ experience in the Twin Cities construction market. Kirk Program Management has been in business nine years, and Mr. Kirk has over thirty yean’ experience as a design professional in the Twin Cities construction market. Neither Constructive Ideas, Inc., nor Kirk Program Management Inc. provides general construction or constmetion muiagement services. Neither firm is now, or has been in the past, involved in any litigation as a result of services provided. If selected on this project, the individuals a -signed to the project will be; William A. Wolters Ronald G. Kirk President President Constructive Ideas, Inc. Kirk Program Management Inc. 2. Experience A recent example of the successful Project Management techniques implemented by Constructive Ideas and Kirk Program Management is the construction of the new City Hall and Public Safety facility for the City of Maple Grove, Maple Grove, Minnesota. Please see the attached list of projects for other Fire Stations or Municipal Buildings where cost management, project scheduling or program management efforts have been utilized. Constructive Ideas, Inc. and Kirk Program Management Inc. .'C not aware of any projects where their serv ices wcic utilized where the project was over budget or behind the owner ’s schedule. 3. Workload Both Mr. Wolters and Mr. Kirk are available to give immediate attention to the project if selected as Owner ’s Project Manager. i 4. References References of individuals familiar with the capability of Constructive Ideas, Inc. are as follows: 1. Al Madsen, City Manager, Maple Grove, Minnesota 2. Jane Chambers, Assistant City Manager, Brooklyn Center, Minnesota 3. Ken Harrington, Property Maiuger, Dakota County Minnesota 4. John Wicks, Project Architect, Hennepin County, Minnesota 5. Jolly Manginc, Property Manager, Ramsey County Minnesota References of individuals familiar with the capability of Kirk Program Management Inc. arc as follows: 1. Gene Torrey, Abbott Northwestern Hospital 2. Al Madsen, City Manager, Maple Grove. Minnesota 3. Ken Kline, Rccoveiy Engineering Inc. 5. Scope of Sers'ices Please see the services prev iously identified for each major project phase. 6. Basis of Compensation Please see the required compensation and proposed billing breakdown listed in section Vi. Fees. 7. Insurance Since neither Constructive Ideas, Inc. nor Kirk Program Management inc., provide architectural or engineering services, errors and omissions insurance will not be provided under the scope of this proposal. Other Services WTiile the above scope of scrv ices include coordinating all aspects of the design and construction of the building construction, these serv ices do not include programming other than a review of the program already established for the facility. In addition, no design or construction services are included to cover move coordination, or any involvement to specify, procure, or install telecommunication, technology or computer systems, office furniture or other owner furnished equipment other than recommending the timing of the bidding or procurement necessary to meet the overall project milestone schedule. Constructive Ideas Inc., or Kiik Program Management Inc., do not practice law, accounting, architecture or engineering or provide other professional services beyond those specifically described in this proposal. Therefore, w e may advise you from time to'^ lime to secure other professional consultants such as lawyers, accountants, architects, / engineers or others. The Owner will be directly responsible for fees and expenses due lo-» those other professionals and we cannot accept any responsibility for work preformed by them. RESUME WlUiam A.Wottrrs. Cenitnictloii Consuttant Constructive Ideas, Inc. St. Paul, Miouesola Mr. Woltcrs is a construction professional is-ith over thirty yxan’ experience in the construction industry. Since graduating from Dimwoody Institute. Minneapolis, Minnesou, Mr. Wolters has been associated >vith such firms as Knutson Construction Co.. Kraus Anderson of Minneapolis. Lovenng Associates, and Witcher Construction Co. With the latter two organizations. Mr. Wolters held executive positions as Vice President. With Witcher, he oversaw all estimating and project management, as well as havnng had total responsibility for yard and field operations. Mr. Wolters* background includes all types of commercial construction projects including multi- family housing, office, retail, institutional, industrial and parking structures. He is expenenced w ith concrete construction, whether it be conventionally reinforced, post tensioned or precast, as well as masonry construction, structural steel, wood frame, and building renovation. He has participated in projects as general contractor and construction manager, and is expenenced w ith all forms of project delivery. His broad experience has given him an understanding and appreciation of the nature of construction projects and their organization, and for the need to address and solve their difficulties through creative, systematic and knowledgeable approaches. Mr. Wolters has taught General Construction Estimating. CPM scheduling, and Construction Project Management in the continuing education program for Dunwoody Institute. In addition, he serves on the Building Technology Advisory Board for Dunwoody. Kcicvant Prolret Experience Project Maplewood Fire Station Woodbury Fire Station. Fox Run Road Ramsey Fire Station Rochester Fire Station No. 4 Coon Rapids Fire Station No. 3 St. Francis Fire Station St Paul Park City Hall & Fire Sution New Ulm Fire Station Lake Johanna Fire Station Ramsey City Hall & Fire Station Hopkins Fire Sution Pnor Lake Fire Sution Rosemount Fire Sution Mmneapolis Fire Sution Nos. 17 & 22 Minneapolis Fire Sutions Nos. 27 & 28 Lino Lakes Fire Sution CHenl SEH Architects, Inc. Boarman Kroos Vogel Group SEH Architects, Inc. SMM.A'Winsor Fancy Architects Boarman Kroos Pfister Vogel SEH Architects, Inc. Wold Architects & Engineers Winsor Taney Architects Boarman Khms Pfister Vogel Boarman Kroos Pfister Vogel Winsor-Tancy Architects Boarman Kroos Pfister Vogel Boarman Kroos Pfister Vogel Wmsor Taney Architects Boarman Kroos Pfister Vogel Winsor/Faricy Architects 1 RESITME Ronald G. Kirk, PE, RA As president of Kirk Program Management. Inc., since 1992 Ron has helped business and institutional clients manage their design and construction projects from pre-design through post* occupancy. Ron ’s experience includes managing Opus Architects & Engineers, a division of a national design/build'developer. with operations in four cities. He also held engineering management positions at Ellcrbe Architects. Ron brings a design and construction insider's perspective, a perspective that can strengthen the clients ability to manage a complex and often unfamiliar process to achieve predictable, high value added results. Ron represents only the project ’s Owner or Tenant and brings the wisdom of over 34 years of design and construction experience to help his clients create an effective link between the client's business objectives and the facility requirements, leverage the client’s time and internal resources, make informed decisions and to increase the value of the investment in facility dollars to the bonom line. A registered architect and registered structural engineer, Ron has a degree in architectural engineering from Iowa State University. Ron has taught courses in Construction Project Management at the Dunwoody Institute and is currently teaching in the Construction Management prograr.t at the University of Minnesota. Ron provides assistance with ‘icility program needs assessment, project delivery strategies, budget and schedule planning, contract and lease negotiation, design and construction process management, project team building-all within a strategic framework of creating the optimal business results on behalf of the client. Representative Project Experience Maple Grove City Hall and Public Saf-ty Facility Seaw ay Port Authority of Duluth Northern Slates Power Company Energy Conservation Program WestHealth Campus, Phase I Wcstllealth Campus, Phase 2 North Memorial Medical Center, Robbinsdale Drown Institute Veritas Software Office Building. Roseville Blandin Foundation - Four Residential Environmental Learning Centers ryvwi^N MccnwO SEP 2 4 2001 REQUEST FOR COUNCIL ACTION CtTY OHONO DATE: September 21.2001 ITEM NO; /(^ Departneat Approval: Naaic Lin Vcc Thit City Clerk Adminbtnitor Reviewed:Afenda Section: Licenses Item Description: List of Licenses for Council Approval There are no licenses. L CITY OF ORONO Ch«ck Detail Register rWtkir^M ticFTlNO SEP 2 4 2001 Fnday. S«pM(nb«r 21.2001 Chach Ami Invoie* ConwiMnl 10100 Primary Cash Paid Oih« 072002 9/24A)1 AJ. GALLAGHER • CO Of MN. MC L 601 -49400-370 Insurance Agant of Ra»rd E 602-49450-370 Insurance Agent of Record E 101-41900-370 Insurance Agant of Raoord E 101-42110-370 Insurance Agant of Record E 615-49630-370 Insurance Agant of Record Total AJ. GALLAGHER S CO OF MN, INC $80 00 14585 $18500 14585 $550 00 14585 $91000 14585 $7500 14565 $1.80000 Insurance Agent of Record Insurance Agent of Racord Insurance Agent of Record Insurance Agent of Record Insurance Agent of Record PardChk# 072003 9/24A)1 ALL STAR ELECTRIC E 101-43000-406 Contracted Siraal MamL E 101-43000-408 Contractsd Strsel Maml. E 602-49450-406 Rrrairs«lamt-SeT ImasftifIs E 101-41900-403 RapairsdMamt-Misc Equft Total ALL STAR ELECTRIC $''8 30 15473-10 $86 59 15473-10 $36708 15473-10 $434 25 15473-10 $966 30 Navarro Street Light H«»y 12AVWOW Service GSM Flag Pole Lighting Paid Chkf 072004 9'24/01 AUGIES MOBILE CHEF E 613-49900-093 " rncassmnt For Rasala-TjU)l ToUl AUGIES MOBILE CHEF $59 22 16623 $59 22 Hot Dogs. Cheeseburgers Paid ChMl 07200 9/24AM BEACK, SCOTT E 613-499. ..-095 Pro Shop Hams For Resale Total BEACK. SCOTT $217 50 3013 $217 50 Jar Balls Paid Chkf 072006 9/24/01 BIFFS INC. E 101-^5200-415 Other Equipment Renlals C 101-4520C-415 Olhar Equipment Rentals E 101-4S20(-4tS Other Equipment Rentals E 613-49830-415 Other Equftment Rentals E 101-45200-415 Other Equipment Rentals Total BIFFS INC. $140 52 W138888 $140 52 W138889 $140 52 W138890 $30 91 W138891 $110 41 W138892 $812 88 Portable • Btderwood Portable • Summil Portable • Hackberry Portable • Orono Go8 Portable • Navarre Plygmd PaidChke 072007 9/24H)1 BOBZIEN. SUE E 101-42110-437 Training & Davelopr-ent Tout BOBZIEN.SUE $26 80 091401 $26 60 CJDNCONF/ST CLOUD PaidChhP 072008 9/24/01 BOLTERMAN, MATT E 101-42400-331 Travel Expanses Total BOLTERMAN. MATT $17 J4 9/178)1 $17 94 Mieage E 406<4a704-304 Engmaanng-Consuftng E 101-43170-304 Engmaanng-Consuftng E 101-43280-304 Engmaanng-Coimiftng E 602-49450-304 Engmaanng-Consuftng E 101-43170-303 Engmaaring-Ralamar E 412-40924-304 Engmaanng-Consuftng E 602-49452-304 EngmaatingConsufeng E 602-49450-304 Engmaanng-Consuftng $284 00 $1.035 00 $2.836 50 $88 00 $10000 $557 49 $88 00 $704 00 80680 80660 60660 80661 80682 Storm Watar Mgl Plan H^jhwood & VWmmood Orsinaga Aapicatnns July 2001 SCAOA Anatysa July Counol Mlgs July Wotftar Has Sarr 7/2001 FamdaIsLS 7/2001 VI2000 Pr4-7/2001 Total BONE8TROOROSCNES ASSOC. $5 692 99 CITY OF ORONO Check Detail Register Frid«y. September 21.2001 Page2of8 Check Amt Invoice Comment Pax) Chkf 072010 VUmV BRINKHAUS, JACK E 601-49400-223 BIOg/Grounds Main! Suppkes Totel BRINKHAUS.JACK S31 94 9/14AM $31 94 Chlorine for Water Tower PaidChkf 072011 9?24701 MOGET PRINTING E 101-42110-201 Office tuppliet Total BUDGET PRINTING S1T9 92 17033 $179 92 PO Leltemead PaxtChk# 072012 9/24A)1 CHAMPIONAtrfOSTORES E 101-43000-222 Vehicle Eqwpment & Parte $4 s7 107372 Total CHAMPION AUTO STORES $4 57 Adjusting Saews Paid ChMI 072013 9/24/01 CITY OF CRYSTAL E 101-41500-437 Trainirtg & Development $33 00 OCTt 12001 CONF/SP E 101-42400437 Trainng 8 Development $3300 OCT112001 CONF/WB E 101-41300-437 Training & Development $132 00 OCTl 12001 CONF/LV.DURO.MJ Totel CITY OF CRYSTAL $198 00 Paid Chk« 072014 9/24/01 Cli Y OF ORONO PETTY CASH E 101-42110-228Training Suppkes $7.01 9/2001 Police Petty Cash E 101-42110-212Motor Fuels & Lubricants $18 29 9/2001 Gas • B Johnson E 101-42110-322Postage $1291 9/2001 Pokce Patty Cash E 101-42110-229 DARE Supplies $1 75 9/2001 Police Petty Cash E 602^9450-223 Bldg/Grounds Main! Suppties $12 77 9/2001 Charcoal Fillers E 101-42400-208Books & Periodicals $20 24 9/2001 Tree IDGuxle E 101-41900-322 Postage $9 75 9/2001 Postage E 601-49400-322 Postage $7 90 9/2001 Postage E 101-42110-201Office suppkes $5 19 9/2001 Police Petty Cash E 101-41900-322 Postage $4 20 9/2001 Stamps E 101-41900-322 Postage $4 17 9/2001 Certified Ma4 E 601-49400-223 Bk)g/Grounds Maint Suppliei $2 09 9/2001 Fasteners E 101-41900-372 Postage $102 9/2001 Postage Due E 101-41900-322 Postage $0 35 9/2001 Postage Due E 101-41900-201 Office suppkes $404 9/2001 Baltries ToUl CITY OF ORONO PETTY CASH $11168 bax) Chke 072016 9/24ri)1 CONNELLY INDUSTRIAL ELEC. E 60249450-406 Repairs/Maint-Swr knes/Mte $1.51168 6721 Repairs • LS 828 E 60249450-406 Repairs/Maint-Swr hnes/tifte $31161 6739 Expansion Card Totel CONNELLY INDUSTRIAL ELEC.$1.823 49 Pax) Chk# 072017 9/24AM OAHLKE TREE SERVICE E 10143000408Contracted Street Maint $2.050 00 8/24AH Tree Tnmming/Removal Total DAHLKE TREE SERVICE $2,050 00 Pax) Chk# 0720)8 9/24A)l DCA - WIRE ONLY 0 101-21719 DCA/Spending Accounts $21666 9/15«1 Spendmg Acoounte-9/18 0 101-21719 DCA/Spending Accounis $550 16 9/7/01 Spending Acoounte-9/7/01 Totel DCA-WIRE ONLY $768 82 PaxlChk#072019 9/24/01 DELTA OENTAL CITY OF ORONO Chack Detail Ragiater Friday. Seplemter 21 2001 Page . of 8 Chech Amt Invoice Comment 0101-21709 Dentallnsurance Tout DELTA DENTAL S1.200 7S OCT2001 DENTAL F/OCT01 S1.200 75 DEi^V Of ADM • INTENTECH GROUP $17961 M01070658 Phone Senrioe $17961 Paid ChK# 072020 9T24A>1 £101-41900-321 Telephone ToUl DEPT OF ADM • INTERTECH GROUP Paid Chka 072021 MirOI EHLERS AND ASSOCIATES INC. E 416-48930-319 Other Profestlonal Servioee $420 00 18765 $42000 Senior Housing Protect ToUl EHLERS AND A8S0CUTES INC. PaidChh# C72022 9/24/01 G A K SERVICES E 101-43000-221 Equipment Parts & Accessones $44 20 740611 Shop Towels E 101-43000-226 Clothaig & personal equipment $84 14 740611 Uniforms E 613-49830-226Clothing & personal equipment $1546 740612 Uniform-StelTenhagen E 601-49400-226 Clothing & personal equipment $2162 740613 Unifbrm-Rathbun E 101-43000-226 Clothing & personal equipment $84 14 747886 Uniforms E 613-49830-226Clothing & personal equipment $1546 747887 Uniform • Steffenhagen E 602-49450-226 Clothing 8 personal equipment $2162 747888 Uniform - Rathbun E 101-43000-221 Equipment Parts & Accessories $44 63 755099 Shop Towels E 101-43000-226 Clolhing & personal equipment $84 14 755099 Uniforms E 613-49830-226Cloihing & personal equipment $15 46 755100 Uniform-Steffenhagen E 602-49450-226 Clothing & persoriM equipment $2182 755101 Uniform-Rathbun E 101-43000-226 Clothing & personal equipment $84 14 762211 Uniforms E 613-49830-226Clothing & personal equipment $1548 762212 Unifomi • Steltanhagen E 601-49400-226 C-othing & personal equipment $21 82 762213 Uniform • Rathbun E 101-41900-404 Repairs/Maint-Bldgs/Grounds $100 33 762214 Mat Service - PW E 101-41d0r <04 Repaiis/Mamt- Bldgs/Grounds $51 71 762215 Mat Service > Adm E 101-42110-404 Repairs/Maint- Bldgs/Grounds $72 62 762216 Mat Service - PD E 101-41900-404 Repairs/Mant-Bldgs/Grounds $51 71 767217 Mat Service - CC Total G&KSERVICES $85088 Paid Chka 072024 9/24A)1 GALL'S INC E 101-42110-226 OolNng & personal equipment $84 24 54775616 Total GALL S INC. $84 24 Badge • Fischer Paid Chka 072025 9/24/01 HENNEPIN COUNTY INFOR TECH DPT E 101-41900-329 Other Communications $74 95 21087191 Total HENNEPIN COUNTY INFOR TECH OPT $74 95 HENNIPIN CTY TREASURER - PW Oita Acxess Fee Paid Chka 072026 9/24/01 E 602-49450^441 Ucenses & Taxes ToUl HENNIPIN CTY TREA SURER • <>W $50 00 UTIL0000184 $50 00 Permit • 2760 Shadywood Sewer Paid Chka 072027 9/24/01 E 101-41600-307 c 101-41600-307 E 101-43280-307 E 101-43280-307 F 101-43280-307 E 101-43280-307 HINSHAW 8 CULBERTSON Legal-Consulting Legal-Consulting Legsl-ConsulUng Legat-Conulting Legal-Cons lifting Legal-Consulling ($382 00) ‘ $55 00 ' $57 38 * $16500 ' $720 00 10175807 $100 68 10175807 Advances applied July 340 Willow-Review MIe Ins. Review Appbc resolution Fire sUtion escrow nxincy Ountar-Sr Citizen A.?okc-July 20C1 CITY OF ORONO Check Detail Register Fnday. S«ptefntMr21,200t P«ge4ora Chvck Amt Involc* ComnwnI E 101-41600-307Legal-Consulting $73 00 10175808 Lurton Land Title Issues E 101-41600-307Legal-Consuiling $158 80 10175808 Affordable House grant/toan E 101-41600-307Legal-Consullmg $426 00 10175808 purch 3770 Shoreline E 101-41600-305Legal-ReUiner $1,117.22 10175809 Councii mtgs July E 101-41600-307Legal-Consulting $391 97 10175810 MNOOT taking LLFO E 101-41600-307Legal-Consulting $1.138 53 10175810 PCS Towers Denial E 101-41600-307Legal-Consulting $121 00 10175811 Ororto vs-Luzaich E 101-42110-307Legal-Consulting $50 00 10175812 Comtek matter ToUl HINSHAW S CULBERTSON $4.19258 Pad Chka 072029 9/24/01 JOHNSON. BRAD E 101-42110-226Clothing & personal equipment $19 98 9/144)1 Uniform Shvts E 101-42110-437Training & Development $4941 9/144)1 Meals-Traming Tout JOHNSON. BRAD $69 39 FWCMi9 072030 9T24/01 KENNETH N. POTTS. PA E 101-41G0O-3O6 LegaFProsMutioo S2.39I 66 8/2tX)1 ToUl KENNETH N. POTTS. PA $2,391 66 Prosacutiont 8/2001 Pa«ICh)i« 072031 9/24/01 LAKE BUSINESS SUPPLY E 613-49630-201 Officatupphes $14 89 67198 Total LAKE BUSINESS SUPPLY $14 89 R«0«l8f Rolls PaidChka 072032 9/24/01 L^SKINEN, DENISE M. E 101-41300-437 Training & Oavetopment $39 33 8/20/01 Total LESKINEN, DENISE M. $39 33 Mtlaaga • Seminars PaidChk# 0.2033 ft^/Ol LMCIT-BERKLEY ADMIN E 101-42110 310 Oilwr Professional Services $13125 11034485 E 703-49960-361 General Liability Ins $22.465 75 7717 Tout LMCIT-BERKLEY ADMIN $22 597 00 Comtek vs City Comp Munic Cov PymnI «4 PaidCnka 072034 9/24A>1 MACA E 101-42110-437 Tranmg & Uevelopment ToUl MACA $65 00 9/13A)l $65 00 Fa> Workshop - Amer*' PaidChk# 072035 9/244)1 M/LLOYMONTAGUEKARNOWSKIAGO E 101-41900-301 Auditing and Acerg Services $80 00 7720 E 101-41900-301 Auditing and AccTg Services $170 00 7720 Tout MALLOY MONTAGUE KARNOWSKJ S CO $250 00 Prep Publishing Statement TIF Financing Protects Paid Chka 072036 9/24/01 MCLEOOUSA INC E 101-42110-401 Repairs/Mamt-Office Equ4) $190 00 213358 Total MCLEOOUSA INC $190 00 Oed Line • LiveScan System PaidChke 072037 9/24/01 MEOICA E 101-42400-131 Employer Paid Health E 602-49450-131 Employer Paid Health G 101-21706 HospiUlttationModical Ins O 101-15998 Non-Employee Health Ins E 101-43000-131 Employer Paid Health E 101-41300-131 Employer Paid Health $753 12 101274102552 Medica - H^h 104)1 $251 04 101274102552 Madica - High 104)1 $4,449 02 101274102552 Medica • High 104)1 $1.411 50 101274102552 Medea-High 104)1 $502 08 101274102552 Medica - High 104)1 $502.08 101274102552 Medica • H«h 104)1 i CITY OF ORONO Check Detail Register Frid«y.S«pl8mbef21.200t PagtSors Chacli Amt Invoica Co«nm«nl E 101-43000-221 E 101-43000-221 E 101-43000-221 E 101-43000-221 E 101-42110-201 E 601-49400-221 E 101-42400-240 E 601-49400-221 E 101-43000-221 E 101-42110-201 E 613-49830-223 E 101-45200-223 E 613-49830-223 E 601-49400-227 E 101-43000-221 E 101-42400-240 E 613-49830-223 E 101-41900-221 E 602-49450-227 E 101-42110-221 Equipment Parts & Acoessortes Equipment Parts & Acoessones Equipment Parts & Accessories Equipment Parts & Accessories Office supplies Equipment Parts & Accessories Small Tools and Minor Equip Equipment Parts & Accessories Equipment Parts & Accessories Office supplies Bldg/Grounds Mant Supplies Bidg/Orounds MaM Supplies BWg/Grounds Maint Supplies UtMy System Maint Supplies Equipment Parts & Aocessones Smal Tools and Minor Equip Bidg/Orounds Mamt Supplies Equipment Parts & Accessories Ut44y System Mamt Supplies Equipment Parts & Accessories Total NAVARRE HAROWAItE $6 38 66541 Marking Pamt $4 47 86544 Bulk Bolls $5 69 86584 Buk Nuts. Boas $10 16 86590 Hackshaw Blade $8 30 86647 Ext Cord $681 86811 Liquid Tape $7 44 87009 Socket Set $9 33 87035 Elect Tape. Screws $3 29 87061 Hex Die $0 84 87105 WtreNaN $6 54 87208 Misc Hardware $4 25 87302 Wasp Spray $11 05 87322 Buk Washer. BoBs $1573 87388 Paint. Oust Mask $425 87603 Household Coop $11 70 87620 Tape Measure $15 30 87676 Pamt. Mask $24 47 87886 Tank Adapter. Bnish $891 87963 Grass Seed $37 26 88042 KXrTape $253 64 PaidCrtka 072048 9/24rt)1 E 613-49830-221 Equipment Parts & Accessories Total NORTHLAND CHEMICAL CORE NORTHLAND CHEMICAL CORP S6761 $67 61 55630 Odor Control PaidChka 072049 9/24rt)1 NOTARY LAW INSTITUTE E 101-41900-201 Office supplies Total NOTARY LAW INSTITUTE S74 00 $74 00 7772 Notary Supplies PaidChka 072050 9/24AI1 OBRIEN. RANDir E 101-43000-226 Ckrthing S personal equipment Total OBRIEN. RANDY $100 00 $100 00 9/18/01 Safety Shoes Pad Chka 072051 9/24rt)1 Of^FICE DEPOT E 101-42110-201 Office supplies E 101-41900-201 Office suppkes E 101-42110-201 Officesupplies £101-41900-201 Officesupplies Tout OFFICE DEPOT $62 74 137865564 $7668 137665564 $26 82 137869689 $32 78 137869689 $199 00 Office Supples Office Supplies Office Supplies Officesupplies PadChka 072052 9/24A)1 OMAN. LYLE E 101-42400-331 Travel Expenses $30 36 8/23rt)1 Mdeage E 101-42400-331 Travel Expenses $26 56 8/27/01 Mileage E 101-42400-331 Travel Expenses $12 76 9/10rt)1 MNeage E 101-42400-331 Travel Expenses $32 43 9/7/01 Miteape Total OMAN. LYLE $10211 hki 072053 V2W\ ONE STOP AUTO SERVICE E 101-42110-402 RapairsAlaint-AuloEquIp $13 51 E 101-42110-402 RepairsMaint-Auto Equip $181 35 8869 6870 Repair Connection B190 ON. Trans. Tires 8191 CITY OF ORONO Check Detail Register Fndty. 21.2001 Pig«7of8 ClMck Amt Comnwnt E i: 1-42110-402 E 101-42110-402 E 101-42110-402 E 101-42110^ E 101-42110-402 E 101-42110-402 E 101-42110-402 E 101-42110-402 E 101-42110-402 E 101-42110-402 E 101-42110-402 Rcpin/MiM-Aulo Equip Rtpan/Mamt-Auto Equqi R«paira/M«fit-Auta Equqt Repaus/M«ini-Aulo Equip Rppaus/IUUtnI-Auto Equq> Rapan/Msml-Aulo Equip RepanAUUmt-Auto Equq> Rcpan/Mainl-Auto Equip Rcpaui/Mamt-Auto Equq> Rapairs/Maml-Auto Equip Rapairs/Mainl-Auto Equip Total OME STOP AUTO SERVICE $10761 8887 $17.13 8889 $40 57 8914 $58461 8964 $35 47 8965 $729 63 8969 $314 80 8997 $100 42 9015 $4584 9024 $64330 9028 $314 80 9034 $3.129 04 Clean Rad. Hd LgM 8188 Tire Repav 8187 RepVfVIraCon 8184 04. Trane. Shocks 8169 04 8164 04. Trane. Shocks y 187 CoOmgFsn 8187 04. Radiator 8190 04.MISC8192 04. Brakes 8183 Cooling Fan 8184 PaidCnka 072055 9T24A)1 PROiAWNS E 101-41900-404Repairs/Madt-Bidgs/Grounds $215 00 4890 Weed Control E 101-45200-404Repairs/Maait-Bldgs/Grounds $1.132 23 4890 Weed Control Total PROLAWNS $1,347 23 PaidChli8 072056 9/248)1 QWEST E 601-49400-321Telephone $10300 612E440016 Phone Sennoe E 601-49400-321Telephone $24 17 9522494600 Phone Service E 602-49450-321 Telephone $56 40 9522494600 Phone Service E 101-41900-321 Telephone $725 19 9522494600 Phone Service Total QWEST $908 76 PaidChk8 072057 9/24/Ot RICKS SUPERVALUE E 613-49830221 Equpmeni Paris & Accessories $12 88 6/16/01 Napkins. Cups E 101-42110-437Training & Developmeni $3 16 a//270t Ice Cubes E 101-41300489Other M«ce«aneous Charges I2V.32 6/28A)1 Emplo/ee Picnie E 613-49830271 E:;u.i/<iient Parts 8 Accessones $15 27 8/298)1 Napkins. Air Fresh E 101-41300489Other Miscellaneous Charges $29 76 8/298)1b Employee Pcnic Total RICKS SUPERVALUE $273 69 PaidChka 072058 9/248)1 ST. JOSEPH'S EQUIPMENT INC. E 101-43000-221rquipment Parts 8 Acc«ssor«s $488 70 SI02342 Parts - Case Loader Total ST. JOSEPH'S EQUIPMENT INC.$488 70 PadChki 072059 9>74/01 SURVIVAUNK E 101-42110-221Equipment Parts 8 Accessories $105 46 042877 Eledrodes-Oefibrilalor E 10M2110221 Equpment Parts 8 Accessories $167 56 042885 Banery Total SURVIVAUNK $273 02 PadChka 072060 9.748) 1 TAOOART. SHANNON R 101-32160Other Busetess Ucense/Permt Total TAGGART. SHANNON $2000 Refund $20 00 Sokotation License Refund PadChhA 072061 9/248)1 TALLEN AND BAERTSCHI E 101-41600-306 Legal-Prosecution Total TALLENANOBAERTSCM $27 75 8/2001 $27.75 Prosecution 8/2001 E 101-41300-104 Temporary Employees Regular $28000 10379 TertvHe|p^End»9i01 CITY OF ORONO Check Detail Register Friday. 8M>mtar 21.2001 PagaSars ChadiAaN IwralCB Caaimaat Total TElVORARKS-TtVGO $26000 Paid CMR 072063 OI24X)t TRI STATE PtNIP Total TRI STATE PUMP $1,341 14 20360 $1J41 14 Rapaifa-OSfl PiMCNii 072064 V24ni E 101-42110-402 Rap ^aUCidJ 0720^ WAVZATA SAY CAR WASH laM^AtAo Equip S399 36 4216 ToM WAVZATA BAY CAR WASH $399 36 75CarWaaATicAala ^4«1 WOTtOElWlOLeSAl E 10143000-403 RapainAMaim-Miac Equip Total WIESTaiDE WHOLESALE TWE $46 79 61156 $46 79 I Tam PaidCMiS 072066 W24A)1 E 10M1300-319 Othar Pntaaaioitai Sarviesa Total ¥WNT»tNNElMER.ALISSA Paid ClilJ WINTERNH^lMBt. ALiSSA $180 00 21 $16000 WmaHT HENNEPIN ELECTRIC ” CouncdMrMiaa-O/IOAl e24/01 E 10143000-361 OaaAEIactiic E 10143000406 Coniractad Straal Mamt Total WmOHT HENNEPIN ELECTRIC $4 77 9014667100 $375 00 5014667100 $379 77 StraatUoM-ClyeAWHIow Straal LigM • Cly 6 6 VMow PaidChM 072066 W24AM XCEL ENERGY E 10143000-366 Straal Lighting Total XCEL ENERGY $1.375 22 StUgMa $1.375 22 SIraat Ughting 8A)l 10100 Primary CaaN $121.794 24 CITYOFORONO check register 08/10«1 952 AM Pagal Cfwck Wuwibar Iw^ioyM Mww 049091 PETERSON. BARBARA 049602 MOORSE. RONALD J 040093 8ANSEVERE. ROBERT K. 049094 FLINT. RICHARD 049099 NYQARO.JAY 049090 MMTE. JAMES M Ctwdi CtMca Ameunl CMtChMfcBMy S32322 6/13A)1 Outstanding $34631 8/13A)1 OuiatandMg $26936 6/13101 OuWanBng $26936 8/13101 OuWanBng $26936 $26936 $1.74697 8/13A1 OuWandhig FILTER; ((yoBP**200r and [pay poriod] in (8))) and [pay group] in (*02*) CITY OF ORONO check register 09/1M1 1047 AM Pigel Ch»ck Number Emptoyt* Name OSOtU OOfXJE. RACHEL M 050150 HENORICiCS. RO*4ALO J 050134 JOHNSON. MARY ANN 050135 LESKINEN. DENISE M 050136 MOORSE. RONALD J 050137 VEE. LINDAS 050136 KUEHN. THOMAS M 050139 OLSON. RONALD J 050140 ANDERSON. BRUCE L 050141 BOBZIEN.SUEA 050142 BORIS. SCOTT W 050143 BUOIO. STACIE M 050144 CARLSON. MICHAEL B 050145 CORNICK. JAMES L 050146 OEMBOUSKI. JAY C 050147 ERICKSON. KURT R 050148 FARNtOK. CORREY L 050149 FISCHENICH. DAN T 050151 FISCHER. CHRISTOPHER K 050153 VOID 050152 GOOD. STEPHANY R 050194 HENDRICKS. RONALD J 050154 JOHNSON. BRADLEY P 050155 JOHNSON. JEFFREY 050156 MADSON. ADRIENNE M 050157 MCNALLY. STEVEN A 050158 MCNICHOLS. DAVID L 050159 MOROMCZYNSKI. JAMES 050160 PERSELL. WILLIAM R 050161 SCHOENHOFF. J01M B 050162 TOMCHECK LAWRENCE F 050163 TOMCZYK.MARKW 050164 W1TTKE. ANTHONY A 050165 ARNESON. JOSHUA A 050166 LEE. JOSEPH P 050167 BOLTERMAN. MATTHEW A 050166 BOTTENBERO. WENDY C 050169 DAVIS. MARC L. 050170 OAFFRON. MICHAEL P 050171 OAPPA GREGORY A 050172 MEYER. WILLIAM C 050173 OMAN. LYLE E 050174 WEINBERGER.PAULS 050175 BRINKHAUS. JOHN F 050176 OEBAERE. DONALD L Pay Period 19 161 Cliacli Amount 81.02067 8394 84 S595 02 8722 90 81.795 10 81.270 14 81.073 24 836 32 8667 23 870786 81.15213 8704 41 8386 37 81.180 60 81.51670 $1.332 39 8L<43 55 $1,478 70 $1.343 29 $0 00 82.008 77 8953 43 81.400 75 $1.14886 $695 62 $1.419 47 8569 70 $1.560 90 8347 44 81.474 28 $434 77 81.346 43 81.21106 $67660 8253 27 8977 64 81.01434 81.264 64 $1.265 92 $1.645 65 $57364 $14018 $1,367.25 81.23192 81.06042 Ctiack Data Check Stalua 91194)1 Outstandno 9/KV01 Outstanding 9/104)1 Outstandktg 9/194)1 Outstandng 9/194)1 Outstandng 9/194)1 OuWandlng 9/104)1 OuMantfng 9/194)1 Outstandkig 9/194)1 OMaiandmg 9/194)1 Outstandmg 9/194)1 Omatandmg 9/194)1 OMstandbHl 0/194)1 Outstanding 9/194)1 Outstanding 9/194)1 OutsUndmg 9/194)1 Oulstandmg 9/194)1 Outstanding 9/194)1 Outstanding 9/104)1 Outstanding 9/194)1 Vo/d 9/194)1 Outstanding 9/194)1 OutsUncHng 9/194)1 Outstanding 9/194)1 Outslandng 9/194)1 Outstandng 9/194)1 Outstandkig 9/194)1 Outstandng 9/194)1 Outstandkig 9/194)1 Outstandng 9/19411 Outstandkig 9/104)1 Outstandkig 0/194)1 Outatandng 9/104)1 Outstanding 9/104)1 Outstanding 9/194)1 Outstandkig 0/194)1 Outstandkig 9/104)1 Outstanding 9/194)1 Outstanding 0/194)1 OutstNidkig 0/194)1 Outstandng 0/194)1 Outstanding 9/194)1 Outstanding 0/194)1 Outstanding 9/194)1 Outstandkig 9/194)1 Oulalandkig Itim R«quMl0d:MfgTModei •;Purpose;Qty:Coat:Ext Coat OigiWVIdw: OlgiMVMMCMn SonyDSRPOISO Begin offering production on a digital besis 2 $3,900.00 See Attached Spedficalioiis Digital FMd Deck SonyDSRSO Rackable. allows digital editing to VHS 1 $4.UO.OO ^ Attached Specifications PoMer Supply For Digital Deck IA60 60 Watt Power Supply 1 $253.00 $253.00 Madia 100 Systems Non- Linear Editing System Mac Based Software Program Medial 00 ildv Norv Linear Editing Software 1 $2,999.99 Computer MacG4 Computer To Run Software wiDual Monitors 1 $3,999.99 Storage Array By AV Digital 900 Gig 10 Partitioned Storage Array(Estlmate)1 Adliuitable Time Base Corrector AP41-SF Reduce Luminance Levels During Edit 1 $1,379.00 $1,379.00 See Attached Spedficalions Panasonic Edit Board AGA-S50 Replace JVC System With AB Roll Ability 1 $2,195.00 See Attached Specifications Teieprompter Software EZ Prompt Used by producers to create programming 1 $496.00 $490.00 Teteprompter Hardware TP 90 transforms studio cam to telepromter cam 1 $1,995.00 $1,005.00 Cable Adaptors Various Used for connecting various cables together 100 $2.00 $200.00 Small Hand Tool Set Craftsman Used in day to day operation of the studio 1 $50.00 $90.00 Wireless Mlaophones:Provides additional felxibility on shoots Seinhauser Wireless System EW512 UHF Wireless Mic System 2 $864.00 j 1 Total;■E2EIEI &EP-24-20ei ie>i5A FRmiCPORE 9684717043 70:9528494616 P:l«'4 FAX To: Barbara Palarton CityolOrono 952-2494600 From; Jamas Kadlac 952-471-7043 8ul#ct Attachad lallor from Greg Gappa SEP-34-aB01 10:15« FROM:CPCRE 9524717043 70:9622494616 P:2'4 2726 CaroliM Avc. Wayata. MN 5S39J 20,2001 Mr. QicgOiOOa OqrarOnMw POtai66 Crystal Bqr.MN 39323 OyFacanikAU.SMia Re: 2696 CaroUoeAvc. You tatter Sspi. 17. DavMr.Ckivt; Od Ssptataber 20*. I raotausd ymr kocr *tad Ike 17* niiOl you would be pHilim ia a smk a dtar ito a^taerioH lines were paiaMdoo ear lava Tina was owdqrbdbRMOroae road cawabaftaicaBlag tan Ike road ia teal of oar reaideaGB. IcaRad year odkaiOfM anas laiBiaalian on Ike activiliesiegiadioi Ike swak sad teanadtlwyoa ware oat far Ike icta of Iks week. UAtaaibsawtkaiikispaoyeciMaoMt akaad wilkooi aay discaataoa or proof of eOketnaaesi Md wkkoai any tapot ftaai me. 1 qaeaiioo you iiaiemeni ikai pan of tka pnMam is ikai “sevenl piopsitws aad drivtaaqa ataai CaaoUne Ave, have been praded so sen not allow aaydraiaageftomikaataBsiooniliasspfaparttar lalsodoooi beltavethispndeciiawarraaled. Tkeae la a vallqr bctweea 2726 Caroliae and 2696 Caroliae Ihal can handle a onaU river. Band on Ike latasi road wash, the caanais of the toad has the anjoiity of flow foiag into that valley Thetcfcre. wittoul any enfiaoeriai docomeruattaa or obidy. 1 bcitave ihii project U haetiiy planned, feelish and ima pea etali There is a very old fiddsnne wall, which is destgnaied oa Ike survey diainm yon attached n your taoer, asta new aapsovcanais n our paoperty that 1 (eel are eadaapaaed by the flow of waser ihn paqncuvill canoe. IalhecMaiefdamapek>"*ypropenylwiUholdiheCityof(koaoraapoasibta James Kadlec Cc: Hooocdbta Baibam Petarson Marvin A. Usn. Attorney at Law SEP-24>a001 10:15A FRGMtOPORE 9584717043 70:9523494616 P:3^4 GlTYorailONO 2790 M ftrtwiv Omo. M P.akill CmWIav. Wl SHZMOiS September 17,2001 James Kadlec 2726 Caroline Avenue Wayzata MN 5S391 Dear Mr. Kadlec; The City of Orooo has been working on providing soludoos to the drainage concerns on Caroline Avenue. There arc several properties, at the bottom of the hill, that have substantial amounts of water draining across them. Part of the problem is that several of the properties and driveways along Caroline Avenue have been graded so as to not allow any drainage from the street onto these properties. The result of these modifications is that the water is directed further downhUl, so the last several pro|x .ties end up vritb additional drainage across their properties. The platted City Right of Way for Caroline Avenue is 40 feet wide and is shown on the attached survey of your property. The City U planning a project to use the lawn ^ in the right of way to slow down and capture some of the street drainage. We will be excavating a trench approximately four feet deep and filling this with drainage rock. The surface will then be restored to a shallow swale with topsoil and grass. This will provide an area for the drainage to infiltrate into the ground and should reduce the amount of water that flows toward the properties further downhUl. The area behind the swale will be higher, so if the swale overflows the water will be directed back toward the road. This work U planned to be completed the week of September 24*^. Thank you for your assistance in this matter. Please contact me at 952-249-4621 should you have any questions. Sincerely; Gregory A. Gappa Director of Public Services 1MlilMM(9S2)MMiM • faa(9S2)MMiM CMP Part 3P. Land Use Man Urban Industrial Land Use Orono's Industrial Park along Highw-ay 12 west of Long Lake is planned to continue as the only appropriate area for industrial-type activity in the City. Adequate transportation is available os is municipal water and sanitary sewer. The 44-acre Industrial Park currently has some potential for additional development as well as redevelopment. Expansion of the Park is limited by Highway 12 to the north, the proposed Highway 12 Reroute and Burlington Northern Railroad on the south, the Orono-Long Lake municipal boundary on the east, and Old Cr> stal Bay Road on the west (see Map 3B-7). At the time the Industrial Park was developed along Highway 12, it was adjacent to agricultural uses on all 4 sides, plus St. George's cemetery to the southeast. The Long Lake commercial/industrial district west of Willow Drive had yet to develop. Now the area south of the Industrial Park has been developed with single family residential uses, the area to the west across Old Crystal Bay Road is being guided for single-family and medium-density residential, the area to the north is being guided for office development, and the area to the east in Long Lake has been developed with business/light industrial uses. It is important that the uses in the Industrial Pork are compatible with these existing and planned uses. Access for a majority of the existing parcels is directly to Highway 12 via individual curb cuts. Although “old Highway 12" traffic may dcciease for a time once the 12 Reroute is opened, high traffic levels on Highway 12 may still be prevalent. An option for future dicussion is development of an interior service road providing access to Old Crvstal Bay Road, to allow ingressing/egressing traffic safer access via the controlled irterscction at Highway 12 and Old Ciystal Bay Road. However, to avoid potential conflicts between the industrial traffic and that from the future residential development to the west, an alternative may be to develop an internal road s>'stem linking all the Industrial Park properties to a single intersection on existing Highway 12 halfway between Willow Drive and Old Crystal Bay Road. Past use of the Industrial Park has previously included manufacturing and processing. The City will encourage conversion to light industrial, high-tech uses as well as office-showToom. The Cit>* has no intent to convert the Industrial Park to commercial retail or service uses. Accessory fimclions such as office buildings will be permitted in the industrial area. City of OroBO Community Management Plan Sepleafeer SOM Pagc3B-42