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10-22-2001 Council Packet
C0» »*cct«^»G ocr 2 2 2001 AGENDA FOR COUNCIL MEETING SET FOR MONDAY, OCIOUER ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (•) Asterisk items arc considered to K* routine items to he en.-»eie<l upon by one motion by the City Conncil under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet • located on the counter near the sign in sheet. -ROLL CALL ^CONSENT AGENDA 1. Approvc/Amend J»RESENTATIONS 2. Sally Kocnccke, Lake Minnetonka Communications Commission - 2U02 Proposed Budget 3. Dr. Pom Meyers, >\'cstonka School Disuict • Infonnation Regarding Referendum Election . 7:00 P.M. 4. Forest l.ake Landing Public RighlH>f-\Vay -APPROVAL OF MINUTES • 5. Regular Council Meeting of October 8. 2001 PARK COMMISSION COMMENTS • Pauline Bouchard. Representative , PLANNINC; COMMISSION COMMENTS - Bill Stoddard. Representative LMC l> REPORT - l.ili McMillan PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 6. #2600 Brian Rcrbcr, 740 Orchard Park Road - Amendment to Variance Approval #2640/4 1 Dunbar Dc\ elopment. Inc., 2060 Wayzata Boulc\ ard - Final Plan Approval #01-2707 Rob Lddingti>n and Mark Larson, Hill Street - V^acalion - Resolution #01-2710 Donald and Joanne Davidson. 568 Keene .Avenue - Variances - Resolution #01-2714 Frederick Pu/ak. 1340 Baldur Park Road - Variances - Resolution irf #01-2718 Amendment to Zoning Code Section 10.03. Subdivision 15 Relating to Fence Sland.irds 12. #01-2719 Jtxli and David Dalvey. 1520 Bohn’s Point Road - Variance - Re.solution 13. #01-2720 Craig and Bev Miller. 1325 Shoreline Dri\c - Variance - Resolution 14. #01-2721 Walter Holzer. 1 1 30 North Shore Drive West - Variance - Resolution #01-2723 Brewer Chiropractic Clinic. 3800 Shoreline Drive - Commercial Site Plan Review #01-2725 Robert Howells, 1423 Park Drive - Variance - Resolution #01-2727 Mary and Joe King. 142 Chevy Chase Drive - Variance - Resolution 18. #01 -2728 William and Laura Stoddard, 4365 North Shore Drive - Variances and Conditional Use Permit - Resolution Amendment to Animal Regulations - Ordinance 8. 9. iO.. 15. 16. 17. L COnur'M mccT»^»G OCJ 2 2 2001 AGENDA FOR COUNCIL MEETING SET FOR MONDAY, OCTOBER ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (•) Asterisk items arc considered to he muiine items to he ennrte«1 tipon hy one motion hy the City Council under the Consent Item* on tlie agenda. Memos regarding each of the Agenda items arc available in llie Public Packet • located on the counter near the sign in sheet. 'ROLL CALL ^CONSENT AGENDA I. Appro\ c/Amend ..PRESENTATIONS 2. Sally Kocncckc, Lake Minnetonka Communications Commission - 2002 Proposed Budget 3. Dr. Pam Meyers. Weslonka School District - Infoimation Regarding Rererendum Llection 7:00 P.M. 4, Forest Lake Landing Public Right-Of-Way APPROVAL OF MINUTES • 5. Regular Council Meeting of October 8.2001 PARK COMMISSION COMMENTS - Pauline Bouchard. Representative PLANNING COMMISSION COMMENTS - Bill Stoddard. Representative LMCI) REPORT - Lili McMillan PUBLIC COMMEN1S - (Limit 5 Minutes Per Person) ZONING AD.MINISTR/\TOR’S REPORT • 6. #2600 Brian Rcrbcr. 740 Orchard Pork Road - .Amendment to Variance Approval #2640 4 1 Dunbar Development. Inc., 2060 Wayirata Boulevard - Final Plan Approval • 8. #01-2707 Rob Eddington and Mark Larson. Hill Street - Vacation - Resolution • 9. #01-2710 Donald and Joanne Davidson. 568 Keene .Avenue - Variances - Resolution JO. #01-2714 Frederick Pu/ak. 1340 Baldur Park Road - Variances - Resolution 14^ #01-2718 .Amendment to Zoning Code Section 10.03. Subdivision 15 Relating to Fence Standards • 12. #01-2719 Jodi and David Dalvey. 1520 Bohn’s Point Road - V'ariance - Resolution • 13. #01-2720 Craig and Bev Miller. 1325 Shoreline Drive - Variance - Resolution • 14. #01-2721 Walter Hoizcr. 1130 North Shore Drive West - V'ariance - Resolution • 15. #01-2723 Brewer Chiropractic Clinic. 3800 Shoreline Drive - Commercial Site Plan Review • 16. #01-2725 Robert Howells. 1423 Park Drive - Variance - Resolution > 17. #01-2727 M^'and Joe King. 142 Chevy Chase Drive - Variance - Resolution « 18. #01-2728 William and Laura Stoddard. 4365 North Shore Drive - Variances and Conditional Use Permit - Resolution ^9. Amendment to Animal Regulations - Ordinance AGENDA FOR COUNCIL MEETING SET FOR MONDAY. OCTOBER 22,2001,7:00 ?M, ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA mVOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR ’S REPORT ♦ 20. Request for Final Pa>Tncnt - 2000 Lift Station Project • 21. Extension ofHcnncpin County Electronic Property Database Agreement-Resolution 22. Schedule Public Hearing Regarding Storm\\-ater Utility CITY ADMINISTRATOR'S REPORT % 23. Amend Program for Deferment of Special Assessments for Persons 65 Years of Age or Older Resolution '* 24. Renewal of the City’s Participation in the Livable Communities Program-Resolution * 25 Certification of Delinquent Utilities and General Scr\ ice Fees - Resolution ^ 26. Replacement of Analog Telephone Lines with T-1 Line CITY ATTORNEY'S REPORT • 27. LICENSES ♦ 28. BILLS ADJOURNMENT UPCOMING ISSUES AND EVENTS im 10/22 - Council Meeting, 7:00 p.m. 11/05 - Park Meeting, 7:15 p.m. 11/12 - HOLIDAY, Obser>ance of Veterans Day 11/13 - Council Meeting, Tuesday. 7:00p.m 11/19 - Planning Commission. 6:30 p.m. 11/22 - HOLIDAY, Obser\ance of Thanksgiving Day 11/23 - HOLIDAY, Obser\ance of Thanksgiving Day 11/26 - Council Meeting, 7:00 p.m. IL A Public A ttendance Meeting Date /t y V c / ^ C ouncil □ Planning C ommission □ Park C ommission □ Other Please fill out tiie inforsution reql'esteo BELOW FOR OUR CITY RECORDS. PRESENT FOR (from agenda) NAME (please print) ADDRESS NAME OR NUMBER i/ 3. OCX .^V'^S Sti l ~ l«> L. \\i..i»>. /\vs 0«.. C V /f C'4| i / ,1 > /■ jj /V// Z . V6X' Tft^s I » .V l-e/ a 9. t L /1 / (l J ^ ^‘ ^^ 5 — 'a ' >v> 10. ( t^SUVl r a Ji^ /^C>I tl-xf Lt\V^ LiA>^vcV>. vy^ 11. -> V V-^ ^ ^’Uccr K '.'s^'jqIv .;.* viua<^ //Y aJ/W\ ■f •> A ‘l L riXt • 13. ArAgj fAL^A(^VI^ ^l^iO ^Llk Zi^ 'j 14. —J<^aJ /V*-> c 6 - a. v/ X« i ¥ ^ \ X.* ..S^A •< /✓.'. 'f Za / 15. Ei'X>iUiA«mlilrtf.«i»» Wivwi4lm* ■ OMTTO«M1J11UC.ATT /TW I JuxJSl Public Attendance Meetlng D ate □ C ouncil □ Planning C ommission □ Park C ommission □ Other Please nLLoin-niE inforsution reql'Esteo BELOW FOR OL'R CITY RECORDS. PRESENT FOR (from agenda) NAME (please prim) ADDRESS NAME OR NUMBER 2. [i ■ f)/ Tf r {-j/. (i/A" r.t /Vc r u_______OhUJlZJUs5 ■V fa.jhz.. ., /it/i./t. /I/_______)lPr7 n > /iL[U\'<7 I / f_________/'iff* ^ j^> PasJU-^ 2(i;d o{l1 E)MA) V- A ims, pr / > ■. c ' C*-j y r V K** // V }.* s.'i i 'll ti 1 I ■ ^ J 9. — Ui'i-UhX\______ 10. I. - ^1fc 1,«i lC / / / V c///>«.■> t ^ ~ y> ^ 11.‘ /yi II /u:/) /'lu^^Z/j /'^} 'i. ^Ar:./< P.C^/7j ■ r^'Ao^o t'^/v(D v/w7^r>'^|i Lff^O______rry/y V 7 e c 7V| IZ. / ^ ^ 14. «C H IL A** ell- c*2- 15._ livOatUA 7t4n/ac^'/J f ItXv t' L ^^u</ . OMMtNUWrtBUCJklT mcptinq ocr 2 2 2001 REQUEST FOR COUNCIL ACTION cityutohowo DATE: October 19.2000 ITEM NO: DcparlMMt Apprwal: Name Lin Vcc Title City Clerk I Adaiabtralor Reviewed:Ageada Seettaa: CHy Administraiof's Repon Iten Description: Lake Minnetonka Communications Commission Proposed Year 2002 Budget Sally Koenecke, the Cable Administrator, will attend the October 22 Council meeting to provide information regarding the proposed 2002 budget COUNCIL ACTION REQUESTED: Motion regarding the Lake Minnetonka Communications Commission proposed 2002 budget. 10-17-2001 01 :56PM PROM LPKE MirtCTGhKP CCmjNICP 9522494616 UIttMtenrtoritoCbMWUlkaHowCoHuniMioa 20Q2Pk«po8cdladgtt FimchiKFtn PECta Moond Uwgi Feef SludtoRtnId Dub Fees Fund Bslsncs Transfer Inteiest UM5S IglriJiitnfi 13Z955 filifltflflinT see dsuils page 123.775 Stadio fltsdsrtlss Capttd $1,950 93^ 49,06$ SOD 20000 4,500 11090 20,000 10,000 KSO 188A5S 42,090 199.790 37,991 Total AIMS vms,^gmm i#i .rLT^i^d r ,:: *.r. ThMfeiteCspMrnd _ b»MM(DKI«S«) iafeodWlMca I7M09 121M1 (1M4I) If (20000)20000 156,909 101241 3,152 9490 aU32)449$ mjm •^909 im i5S«5=S3c ie-17-2001 01;57PM FROM LPKE Mi»€TCH<« COfUJlCA 9S22494616 P.03 dMin 2002 rropofd Budget —adio Plwdartton 2001 Adopted 2001 2001 6MoattiAc(uil BoHwd 101 Sdaited FaUttenc KnSaUrtedOtfdiiw 103 bdiited Part-Hme 121 r^aConL l22FlCAConL 123Modkte«Ctoat 131 Htellii luMianoc 131 Worken Comp Ins. Total FmoMl Scnrion Supplin 200 OfBocSoppItes 220 ItapsirOiMalnL Supplies StMdtoEspciMUbtes Total Supplies PfofeiteQnslSefvlcei 301 AudiHnKFsM 304 LeMlFw 311 AorcteConMots 314 PsjrtoUSsrvioa 318 Ismterisl Services 319SscurilyScrvtea Total IVotaMtoBal Serviow 321 Tclephone/ra 322 Pos^ 331 Tmvri School A Goniwnot 332Mllos|pe 350 PrintiAgond FubliMiig SOOlfwunnee 310 UbUttas 3M Rrfwe A RteTdtegGolledlaii 404 MsinCReptaxEg^p. 4U Buikyi«Knl 413 Eftiipmid Rental 433 DoesASttbocsIptions 438 ProportyTsMS 439 Condiniiwfy Total OdtarClMqgM Totellnioilfii 7U100 37.493 8 743M f 77300 7^1.404 S 1889 f 14300 3.600 2.604 S S488 9 4320 5.970 3j668 S 7.136 9 6370 • S - 9 - 34100 1960 S S.9M 9 4380 _______fiB 313 8 438 9 690 9I.2S0 41.444 S 94J90 f JLlAZlfi » i 1200 94 8 111 9 200 1JD0 69 S 12t8 9 1200 9 1000 162 8 1J88 9 1400 U15 910 S um 9 1190 1205 2.163 S 4.324 9 4300 11500 9.600 8 12^ 9 UflOO 450 . 8 498 9 900 1.200 833 S 1144 9 1500 300 308 8 414 9 SOO 17.970 9A14 S 11J78 8 2238 1800 898 8 \jm 9 1300 1060 433 8 984 9 1890 157S 820 8 U44 9 rm 650 376 8 7S1 9 TOO 5JOO 3.216 S 8 A500 isoo 1JI31 S 3^1 9 3300 4J00 1970 8 9319 9 8300 ISO 51 9184 8 190 lAOOO 1.717 S M388 9 16300 V»!0 14.049 S 29399 9 M300 600 923 8 13H 9 1300 SOO 111 8 988 9 900 1775 2.189 S 4378 9 4300 900 fQ0 *CM ft 300 MteO Mjn L—fiaf •fUB 174JMO B8J620 8 189391 9 199390 10-17-2001 01<S7Pn FROM LPKE nih«€TGN(P OmjNICA 9622494616 Lalw Minnetofiln CommufikatigM CommiHiofi 2001 eMiflftABiMi 101 SaMiirMUiw 27,000 14.109 9 t 2M99 102 SdimiO««iiBM .• 103 SdMMiPM-tine 7^4319 S 93M S 19309 t21FmC«L 1.400 991 S 1391 S 2.199 122 FICA Coot.2^640 1322 S 1364 S 1330 123 MedHmCitf.723 • t • 9 131 HMhblHuiw 9.000 2.960 S S3M S MmISI WcaInnOjaviBs.300 262 1 M 9 9M 1 J11j44 7^9 24.760 1 49A94 f S1.MS 200 oSm9!«|4m 1.200 411 S •19. 9 13N 220IUpdrAMiiAS«nittii IMQ 219 1 iW 1 ijm Total Supplies 2 400 646 S mi 301 Audit Fota U19 910 S fJM S I3M 304 U|sl Foss 9.290 6.099 S 19399 1 193M314P^8taUMB 490 • S 419 9 969 31IJWtaiMS«nBM IJOO 974 S 1.749 9 13M 319 SoswiqrSBtaBos 5M 999 t 7M 9.471 1 14.9U 9 14 Hit IJOO 1.192 S 2394 S 23M3221.000 493 1 1399 9 13M331 Ta%ul SdMolACcrfewnw 6,000 2323 S 6399 1 63M332lM61ntsIJOC231 t 1391 S I3M390 PMv^PHUbk^2.200 1.197 9 23M S 23M360 loSMBHBS 2J00 ijno 9 1369 S 3.799Itouiiiiriei2.400 1.415 S 2379 S 13M3S4 Ri4bo4WtayrlinCeliwfaa 190 99 S m s 159404MifalRvdrB9ipi3.000 • 9 2399 S 2399412IMMiiH»w>9,190 4392 9 93M •1399413 EvapnaiRiGtal 700 909 S 799 9 3jQOO 691 9 1399 S 13994nrNpsiyT—i 1330 770 9 1369 S 13M439 rnsliiitwqp 900 S91 t Total Olhtan^ta 19 440 16 147 t 17199 T\|6^1S| lataiii 91320 9Qunts i 199369 9 196,77$ ttjmmm i8 q! P 8 s ItminwuHif fTTrTTTm**PuoxMo:ON:1 Goal: lEMLdoafc 1■■■■■■■ OfllWVWwevn SorvOSRPOISO 1saf12 ■ SI r/ .'jI'j. 8aa AMactied Spidncatana I 1 DMIFlildDKli 8orwO6RS0 RadoMa. aiowa dlfliW adMno lo VH8 1 ftaa rilarfinrt ^ptf^^if**"***1I1IA60 OO^PoairSumv 1 M6100 ci8a.oii llidtolOOMMni Non-Unaar Edlllna Bytlam Mac Baaad Oollw ffwn MeJalOOIMv Non-Unaar EdWng SotlwBra 1 ■f vT”TM Oompittr Mac 04 Oompular To Run SoflMBfa MfOual MonNoia 1 ar?.m:: SloraaiAifw ByAVDigNM Iio1 1 n____________ A4uittbl»Tlm« B«m Oorftdar AP4t-8F Raduoa Uankianoa Lawala Our*« EdN 1 Baa Aflackad SaaoMoMlona 1 r 1 P«r»MQnleEdK Board AGA«0 Raalaoa JVC Syalain WWi AB Rod AMHy 1 Sea Attached Spadflcallom ________ ________ Talopfoniplor SofliwHa {a1af1 I4M.00 Taloprorapler Haidwara TPM 1ai11 I1.0H.00 CaUoAdvlort Various Uaad for oonnaoUng vadoua caMaa tooalhar 100 •2.00 •200.00 11i1Craftanan Uaad In day to day oparalion of lha sludto 1 •eaoo teoo I1.IProyfdaa addMcnaHafadWy on dwoto ScktfHUBV VMivImb Sysiwn EVW512 UHF^%alaaaMto8yatom 2 —iMioo ~■aSEE Tttal:•S7.SM.M Lake MiBBClooka Cooiinuoicalioos Commission Year 2002 Bodeet The Lake Minnetonka Communications CoromissioQ budget formal includes three sepiiaie funds: Franchise Administration, StudiofAcoess Production, and Capital Improvements Fund. The Lake Minnetonka Commumcadons Comnusion maintains a fund balance as a reserve to maintain operation if unforeseeable funding losses should occur. Hiese could include lovvered franchise revenue, legislation resulting in reduced funding, or the like. Tbe LMCC has some fitumcial obligations, such as a building rental contract, that would have to be paid even if the legislature eliminated franchise funding. The LMCC has decided to dedua operating revenue from the fund balance this year with a transfer to the Studio Production Fund. The LMCC is also including in the budget an audit of Mediaoom Financials lismd as a one time line item at a cost of $17,000. The LMCC studio and offices are still located at 4071 Sunset Drive in Spring Park. The following is a summary of the categories of the budget: Franchise Administration l*uod This fund is supported entirely by franchise fees and interest on investments. Activities aooounied for in this fund are relaied to the oversight responstbility of the Commission representing the member ctiies' interest in the cable operators oomplianoe with the franchise agreement. The LMCC also repfesems its member cities by mooiionog and panidpaung in the legislative activities at the state and federal levels. Studio/Access Production Fund This fund is to aoooum for all ptiblic access activities. Rapmses cover staff time and all operating costs of as s isrin g resideou and ina imrios is in producing video proseatations lo be played back over the locd ptMic aooem chasmrit 8. 19. 20 smd 21. Reivemies for this hmd ate dcfived from imerest ou investments, PEG fees from our od>le sulMctiben, a podioo of the franefane fees, and addftioml charges to entiti es outside of our ftaochiae area (Mound) who have a need to access the ptiblic access chananis. The Wayiata Schools are providiag the prognmining function for Chanafil 19 and have indnded all the school dittkls in the LMCC service area in their progtammmg. J Cipitml laproveacal F«ad T1ie(>pia4 Impiow Fund mppoitt die aoquiiitiaa of new oquipment at wdl as to reoogniae the depreciation and need for leplacfineot of equipneat and leaae-hold UBpiov oaeeatt praa^y etiaing. Revenues for this fund are oompriaed of imeiest on iovcauneais and a naosfer of hads fnxn the StadiofAccess Find and AdminiatiatkMi Fund. REQUEST FOR COUNCIL ACTION meetiuo OCT 22 200I DATE: OcBlMr(>94ai9e(Vo ITEM NO: ^ DcpartMcat Approval: Nam LinVee TMa CityClefk Adaiaistrator Reviewed: lleai Dcscriptioa: Westonka School D Agenda Section: City Administmof's Re^ Infonnation Regarding Referendum Election Dr. Pam Meyers. Superintendent of the Wtitonka School District, wll attend the October 22 Council meeting to provide information regarding the upcoming school referendum, and to answer any questions the Council may have. Attached is a “Questions A Answvf' information sheet regarding the referendum. COUNCIL ACTION REQUF.STED: No action required. / m Operating Levy Q & A On November 6. votfn nna be asked to apfnve mon opefsting hjndt for 9}e \^stonka School Disthct. raising SaOO.OOO for 2002 2003. and eddtkjn^ funds for the lolkming nine years The levy vote mt mark an unusual situation in which voters have the option of supporting the levy while still seeing 1 net decrease m tho school distnct portion dt their property tanes Wky !• aiMlIier referenOiMfi nMeesary? Simply put. opemcs m oupacmg income. Budfct projectlom based on cuncnl educaboiul oderings show that the dntncl n-iH nin defktu every year for the next ten yean. Therefore, more operaimn funds are needed. • to keep quality icacherv, • to mtorc small class si/et (tudgei cua in 2001 -2002 increased class sires m grades K-4). • to keep current class si/cs in grades 5-12. • to avoid another round of budget cuts even deeper than ihe first round (S300.000 was cU in 2001-2002. hut state funding came in much loner than expected, so an addilKinal S500.000 must be cut for 2002-200J if the levy is not appiovedl. • to allow die ibstrct to create a financial plan dial u less vulncrabie to last-minute decisions made at dK Lepslaiure. Mrfii't v«l«rs JiMt approv* a la> IncraasaT Vbten did support a bond rclcrendum last spring, to pay for routine maimcnancc and tcclimtlogy Bend money, houever. camol be used for operating expemes Thmk of it this nay Bond for Buildmg. Levy for Learning Tbe request on the ballot this November is a Lmy to he uied for Learning Didn’l Iha alala glva seHaala aiara monayT In June, legisblors adjourned, say mg they had increased school fondmg by 26% for 2001 -2002 and for 2002-200J But those numbers reflect a sutentde average Some of Minnesota's J40 districts got more than 2 6**. and some got less. Westonka got mwi le. In September 2001. the school d»mci received oBicul financial reports from the stale education siaff. shoxvtng that Westonka's actual fimding increase isO 3*«or 3 10 of one percent for 2001- 2002. and l.5^« for 2002-2003 This leaves us with a huge dcfkil Why is a local levy Iho aaoworT State legislators have made it clear that school districts must contuiue to rely on local support to keep schools operatmg The Westonka Schixil Board uanu to plan for a ndble fnancul future, one that is less vulnerable to the legislature's perennial last- minute dealings that tend to tx-vur nght before Khool district budgets are required, by bvv, to be submined to the state. This levy request is a reasonable tfep toward fiiunctal stabiltty It allows for the adjustment of local levies according to changes in state fimduig. to that voten aren't constantly facing elections on the tame issue every year Local levies are in place in nearly 9(r. of Minnesota school districts. WfiPt ar« vptprs h«lng Ip appv pvpT The question on the ballot will ask voters to approve up to S570 in addJtional fondmg per student each year for ten years. Not* imiph will H cpsi mp? BccauK of property ux changes, voters will find ihcmsehes in the unusual srtuatnn of seeing rcvhictions in the schiiol district pottion of their ta.xcs even w ith commumiy support of the vote. For example, even w ith passage of the proposed levy, the school distnct portion of taxes on a home valued at S150.000 will still decrease by S4# that year Tuat)i« Warktt Valut School Oislnct taxes paid m2001 With proposed levy, est school taxes payaoie m 2002 Dunqc (decreasei 2001-200i SIOO 000 Sin S1.49 IS32I 125000 213 124 (40) 150.000 256 200 (40) US 000 299 243 155) 200000 341 221 (63) 250000 422 342 (29) 500 000 853 695 (150) •• W* WM •« *MM a«MU auataaamaaa — In addition, if housing starts in the school distnct continue current panems of growth (Tx per year, not including recently approved new developments|. the toul Ux burvlen will be spread among more homes, making the botiom-hne anpact on an individual uxpaya less and less over tune tchool Otstrtcl foiM tor a •1N.M0 Prepwly. wtm PropoMd Uvy MM----------------------------------------------------------------- MOO SIOO. Fnanoai rttarmaSen proxxlad fo VwWapwxtoot Inanoal cptwiiang >mi EMws and Aaaooatos A professional survey done last fall found that S65ii of Westonka residents agreed that 'high quality public schools increase property values for home owners in their dismct.* Through th» levy request, the Westonka School Board is asking taxpayers to ke^ the high quality in the Westonka Schools Oir studentiT test scores keep rising, our sUlT win regional and suiewide recognition for excellence in their professions, and parent and community volunteers demonstrate every day that the schools are a good uncstmeni of then tunr. Quesdona? Call the Levy HolHne at 951491.0443. or e-mail wellstenQwestonka.k12.mn.uM •• > >«• ivnMrrEs or the city of orono PARKS, OPE>' SPACES AND TRAILS CO>DHSSION MEETLNG _______________________MONDAY. At GL’ST 6,2001_______________ REPORTS/UPDATES (#5) NAVARRE PARK Park Dedi^tfioa/Parking Lot Oeanup Meyers stated th^^iness people in Navarre arc sponsoring yt>og Days event August 24* and 25*. iMih the ribbon^ming ceremony at the Navarre Parkyheduled for 11:30 a.m., on August 25*. Meyers sat^ there would be face painUng^id ice cream available. Meyers invited the general public to anenoHhe nbbon cutting ceremony Status of Benches/MS Society ! Meyers noted C:ty crew has cleaned up\id i le some improvements to the Navarre parking lot Gappa stated the benches constructed by Otfe fibji^couls are scheduled to S* insullcd in the next week. Gappa noted the letter to the M^ociety I^been sent. Letters of Recognition/Ccrtiflcat^r Donation Meyers suted he has a list of thp^people who donated planu forHw Navarre Park. Meyers indicated he did put an articl^ the paper thanking the people whd'd^ted the plants. Mevers commented the park is stiU/getting lots of use. Meyers mquired wheti^t would be possible to have a drinking fountam/fnstalled there in the near future. Gappa stated if funding is not received from the MS Society, the Park Commissi^ould need to get City Council approval for the drinking fountain. •k («4) PLDLIC CODIENTS (#6) 39 LAKE ACCESS POINTS E Gail Blackstone, 4465 Forest Lake Landing, presented a petition to the Park Commission with the signatures of 66 residents, requesting the Park Commission terminate any further development of the Forest Lake Landing access due to traffic and safety concerns Blacksione expressed concerns regarding the safety of the children due to the lake access point being very private and secluded and the likelihood of garbage being left in the area. Blackstone recommended the road leading to this access point be closed or vacated questioned why this lake access point is being considered first. Silber noted this lake access point has existed for a significant number of years, with the Park Commission not creating a new lake access point at this locauon. McDermon stated 99 percent of the roads leading cowti to the lakeshore are considered to be planed roads and not fire lanes. Gaffron stated planed roads arc dedicated on plats or subdivisions, with this particular road having been planed in the 1920s or earlier. Gaffron suted this road has been dedicated to the public use forever. Gaffron stated the Minnesota Supreme Court has ruled that cities are not PAGE 2 r?' COmurn larrmiQ ocr 2 2 2001 REQUEST FOR COUNCIL ACTION CJTYOFOflOr^ DATE: October 18.2001 ITEM NO: \\ Dcpaitncot Approval: Nam RoaMoone TUk City Administrator Admiabtrator Reviewed: Item DcscriptioB: Forest Lake Landing Righi-Of-Way Agenda Section: City Administrators Rqtort The Forest Lake Landing right-of-way issue is being brought to the Council for action regarding the use of the right-of-way. The Park Commission has discussed the Forest Lake Landing right-of-way on several occasions, with considerable public input, and has addressed a number of issues related to the use of the right-of-way. The recommendations of the Park Commission regarding the right-of- way are as follows; 1. The Commission categorized the right-of-way as Class 1. wtich includes activities such as pedestrian access to lake, fishing from shore, and launching canoes and other small boats not requiring a trailer. The Class 1 category' does not include the swimming beach use. 2. The Commission has recommended against classifying the right-of-way as a passive natural area. In addition to addressing the classification of the right-of-way. the council may want to resolve the question of whether a trail should be installed in the right-of-way, and whether a set of stairs should be installed to provide access down the hill to the lakeshore. COUNOL ACTION REQUESTED: Motion to set out the types of activities to be allowed on the Forest Lake Landing right-of-way, and any improvements to be installed on the right-of-way to facilitate the allowed activities. ¥ • A / W 0«V# Park CooMiiiaioo Mcctiocs Regarding Forest Lake l-*w«Hng April 2. 2001 02i - Forest Lake Landing (W* wide platted road, walking use oni) j Bouchard stated the adjoining property owner has constructed a driveway on this access point Qaf&on suted the property ovvner cannot legally stop people from using this access point Bouchard commented this area would make a nice beach. The Park Commission classified Forest Lake Landing as a Pass I and a Class IV. May 7.2001 Forest Lake Landing discussed during public comments-no action taken June 4.2001 Park Tour. Site visit to Forest Lake Landing-no action taken July 2.2001 Forest Lake Landing Discussed-no action taken August 6. Silber moved, Meyers seconded, to recommend the Forest Lake Landing be classified as a .Qjj^lake access site, which would allow pedestrian access to the lake, fishing from the shor^auochlng canoes and other small boats not requiring a trailer. MOTION CARRIED 5-0. September 4.2001 McDermott moved, Meyers seconded, to create a Class VI, “Naturar Lakeshore Access Site, which would include naturalUarioo of the shoreline for sites deemed appropriate for restoratloo to the natural habitat of the area, pedestrian access to the area, fishing from the shoreline, with boating not being allowed. VOTE: Ayes 3, Meyers, Bouchard, McDermott; Nays 4, Use, SUber, Wolfe, Balvorson. MOTION FAILED. It was the consensus of the Park Commission to classify Forest Lake Landing as a Class I based jpon the historical use of the site. CLASS USES I_________ LOCATIONS CLASS ! FIRE LANES '' y'"' V/-. ' V*t'V'-C*''- • Fcdcsliiun ncccits lo hike, llsliing fioin shore, l.uinching cniiocs ;iiid oilier small boats not retjuiiin^ n trailer AfaAL 1^1001 CtAGSlV\^l5 M A 1 U\6US^ (>,1001 CL^SS\'(M'0 [^'y ^ jL C Mo GU/ilviMlUt 4^2 Y 2: 2. Shoreline Drive at Spates A. Noith Shuio Diivc at Daldur Park Road 5. Shady\vood Road at Sunset Drive 6. Crystal Bay Road (West end) 7. Crystal Day Road (Relocated extension orDayview Place in plat of Wallace’s Addition... 8 Crystal Day Road (Platted extension of Hillside Place) 9. Gibbs Landing - Fox St 10. Hastlake Street 12. Bayside Rond 13. Dayside Road 14. Wc.stlakc Street 15. Park Lane 17. Daldur Park Road 20. Grant Street 21. Spruce Place____ \ li l orcst Lake Landing J 25. "Summit Avc" (Extension of Elmwood Ave) 29. Rest Point Lane 31. Orchard Dench Place 33. Highwood Rond Alley 34. Corral Road Extension 35. Fagcrncss Point Accretions 37. Casco Circle 39. Spring Street 40. Carman Street 42. Summit Ucach CLASS II FIRE UNES ! Same os Class I aiiJ siiowimibilc access 11. Daysidc Road at Stubbs Day Road 20. fliant Sired 22. Luma Linda y\vc 26. BufT Street 30. Rest Point Road 38. -Ivy Lane" (Ivy Place) CLASS III FIRE LANES Fishing, boat launching and winler vehicular access to the lake. 22. Loma Linda Ave IS. Park Lane CLASS IllA FIRE LANES No boat launching 2. Shoreline Drive at Spates 4. North Shore Drive at Daldur Park Road 6. Crystal Bay Road (West end) 10. Eastlakc Street CLASS3VFJ LANES [RE * Swimming Beach 6. Crystal Day Road (West end) IS. Park Lane 10. Sandy Beach (Extension of Maple Place) _23. Forest Uike Landing^ 29 Rest Poim Lane 36 Casco Point Beach 41 Lydiard Beach 42 Summit Beach MINUTES OF THE CITY OF ORONO PARKS, OPEN SPACES AND TRAILS COMMISSION MEETING MONDAY, APRIL 2,2001 '/) #27 - North Shore Drive West End P3* platted corridor extension of Cty. Road 19, undeveloped) Bouchard statedH^is is basically a drainage area, svith a very steep slope and no safe access d;iWn to the lake. The Park Commission clusified North Shore Drivx West End as a Class V. #26 - **BufT Street" (SO* %%M«j)latted road to shoreline, undeveloped) Bouchard stated there appears to b^number of pieces of equipment loca)^ near the lakeshore, which may be encroaching into the lake acc^point. Bouchard stated the equipment was not located there this past summer. McDermott commented Buff Street has good^ential for ac^s by pedestrians and snowmobilers. Gaffron stated he is unsure whether this access poin^i^awrently being utilized by snowmobilers. The Park Commission classified Buff Street as ^^Class II oKa Class I. #25 - **Suminlt Avenue" (Extension of (Ihiwood Avenue) (SuVide platted road to shoreline) Bouchard indicated she had a diffic^^ime locating this access point aihi^’ent by the house numbers in locating this site. The Park Commission classed Summit Avenue as a Class I and a Class V. #24 - Elm^vood Avepde (20* wide platted road/alley leading to shoreline) The Park Comipifsion designated Elmwood Avenue as a Class V. #23 - Forest Lake Landing (60* wide platted road, walking use only) Bouchard stated the adjoining property owner has constructed a driveway on this access point. Gaflron stated the property owner cannot legally stop people from using this access point. Bouchard commented this area would make a nice beach. The Park Commission classified Forest Lake Landing as a Class 1 and a Class fY. #22 - Loma Linda Avenue (H^lde platted road) CaBron stated launching of boats is p?Nqined at this lakyiccess point but no parking is available. The Park Commission classified Loma LindaXtffipif as a Class I and a Class IV. PAGE 7 >nMnrES of the city of orono PARKS, OPEN SPACES AND TRAILS COMMISSION MEETING MONDAY, MAY 7,2001 (#1) ATTENDANCI The Park Commission met oSahe above-mentioned date with the following inFmbers present: Chair Andrew McDermott, Commissioners Rick Meyers. Irene Silber, Wolfe. Sherokee nse. Debora Halvorson, and Paulme Bouchard. Representing Staff w^^l^blic Services Director Greg Gappa and Recorder Jackie \ m^g. Mayor Barbara Petersonpresent Chair McDermon called the meeting to Mer at 7:18 p.m («2) APPROVAL OF APRIL 2,2001 MINT^ Corrections were made on Pages 2. 3, and 5. Bpdeh)^ requested a copy of the definition used to classify the various lake access points be attorned to tl^Apnl minutes for reference. Meyers moved. Bouchard seconded, tyipprove the mii^es of the Orono Parks, Open Space and Trails Commission meetm of April 2,2001, ari^meoded. VOTE: Ayes 4, Nays 0, Wolfe, Si^r, and Ilse abstained. McDermott appointed J. Patni^Volfe to the Orono Sports Allianc^ («3) APRIL COlTSCli: MEETINGS McDermott stated k attended the Apnl O'* City Council meeting and informedi^e Council regarding the lan^aping to be completed at the Navarre Park. Bouchard s^ted she attended the April 23'^ Cit>- Council meeting and talked about tl^pcoming landscapuig to take place at the Navarre Park. Bouchard stated she inquired whether a\ate has been scTTor a joint work session with .'he Council to discuss the lake access points and informed that no date has been set («4) PlBLICCO.UMtMS rCl’f'l Lc)\Cf Lc\*(\\{\ Shirley Bull. 4690 Tonkaview Lane, addressed the Park Commission regarding the lake access point located at Forest Lake Landing Bull presented the Park Commission with a petition signed by 32 local residents requesting that the City re-establish this lake access point for public use. Dull presented photographs showing the current condition of the lake access point and how it e.xisted in 1996 Dull questioned \sheihcr the Cit>- Council approved a resolution allowing the present property owner to take o\ er the access adjacent to the property, who authorized them to landscape the area, and whether grading w ithin the 0-75’ setback was approved. McDermon suted he could address issues concerning maners reLang to Park Commission items and that perhaps City Suff could address the rest McDermon stated the Park Commission considers that area to be a public access point and are in the process of identifying with signage all of the public access points located in Orono. McDermon stated the City is unsure at this point PAGEl J MINTTES OF THE CTTV OF ORONO PARKS. OPEN SPACES AND TRAILS COMMISSION MEETING MONDAY, M * V 7,2001 in time where the exact property comers are located, and the Park Commission will be requesting the Council to conduct a survey of the area to determine the exact location of the lake access point. Gaffron showed the original plat of the area illustrating a 60 foot platted right-of*w^y that was dedicated for public use forever. Gaffron stated there is no question that there is a 60 foot right-of-way in that location. Gaffron noted the property line is extremely close to the existing house. GafTron stated according to some air photos taken in 1992, the slope drops at the end of the pavement by about eight feet, which would make it difficult to access the lake Gaffron stated the house is very close to the right-of-way according to the Cit> '$ maps, w ith a number of items being located within the nght-of-way. Gaffron stated the row of trees appears to be along the lot line. Gaffron stated the City did approve the driveway access to the residence, but IS unsure how the other items got placed within the nght-of-way. Gappa suted that nght-of-way has never officially been vacated by the City and is still considered to be City property. Gappa stated currently the public could walk down tliat nght-of- way to gain access to the lake and it is not pnvate property. Bull commented it is ver>’ difficult for the public to walk down that right-of-way since there is a drop off at the end. Gappa stated a dropoff did exist prior to the residence being constructed. Bull commented according to her pictures it appears the slope was more gradual in 1992 than it is today. Lyle Rahn, 1146 Wildhurst Trail, stated he has lived in this area for 30 years and has observed the activity’ that has taken place over the years. Rahn stated in the past this access point was utilized by snowmobilcrs and other residents in the neighborhood. Rahn stated four to five feet of dirt has been pushed up against the area by the tree, which has aggravated that access and has in essence made it very difficult for snowmobilers and'or pedestnans to walk dowTi to the lake. McDermott stated the grading issues would need to be reviewed by City Staff to see whether it is in compliance with their grading and drainage plan. Stacey Schoenteit, 4480 Forest Lake Landing, stated in her opinion the garage is located much closer to the right-of-way than what the survey depicts. Schoenteit stated in her view this area looks like pnvate property due to the landscaping and the location of the play structure m the right-of-way. Meyers stated the City w ould need to complete a survey of the area and determine the exact location of the nght-of-w ay. McDennon suted the Park Commission would bnng this issue up with the Council to see if they would be agreeable to a survey and to determine whether any violations have occurred. Gappa suggested the Park Commission review this lake access point on their June park tour. PAGE 2 MLNXTES OF THE CITY OF ORONO PARKS, OPEN SPACES AND TRAILS COMMISSION MEETINC MONDAY, ^UY 7.2001 K McDermott commented the City could perhaps construct some steps dou-n to the lake once the exact location of the lake access point is determined. McDermott stated the City has allov^-ed the adjoining property owners to maintain the nght-of-ways and in some instances the lake access point looks more like private property than public property. McDermon indicated it would take an act of legislature to abandon one of the la\e access points and that it still is public property, McDermott reiterated that the City would be erecting signage at all the access points. Meyers indicated that the City has not aporoved any resolution allowing the adjoining propert>- owner to take over ownership of the lake access point and that the past practice of the City is to allow the adjoining property owners to maintain the nght-of-ways. McDermott stated any landscaping done on the property would have been approved by the City. Gaffron indicated Staff would need to check the approved landscapmg and grading plans to insure t’..at they have been complied w iih. Schoenteit stated she knows people who have attempted to use this lake access point and were informed that they were trespassmg and that it is private property. Gappa stated once this area is clearly marked, the public will have every right to use this lake access point. Gappa stated this area is still owned by the City. McDermott stated hopefully the City will have this area surveyed by June. McDermott stated the City w ill continue to look into this matter and w ill keep the local neighbors informed. Silber inquired whether the public would be able to park on the bnek pavers in this area. Meyers stated the City does not allow parking in Tire lanes. Gaffron stated parked vehicles in this area are not allow ed to block the &ee movement of traffic. Dwighi Affeldt, 4765 Tonkaview Lane, stated they would like to be able use this access point once again. Paul Kerr, Orono, presented the Park Commission with pictures of the signs utilized by E.xcelsior and a copy of their ordinance regulating lake access points. McDermott suggested that the neighbors be notified of the upcoming park tour and that perhaps the Park Commission could meet w iih the neighbors at the lake access point to review the area. Use indicated the Park Commission is a recommending body to the City Council and that the Council would need to approve any action taken on the bke access point. Use questioned w hether the residents should address the City Council or City Staff as their next step. McDermott stated the Park Commission will be erecting the appropriate signage at all the lake access points and that it will be up to the City Council and/or Staff to deal with access issues. McDermott stated the Council will need to approve all the lake access classifications first and then the signs will be erected. •' PAGES MINUTES OF THE CITY OF ORONO parks , open spaces and trails commission meeting MONDAY, MAY 7, 2001 Meyers noled the Park Commission is reviewing all the lake access points within the City but that it is a slow process. Use indicated the Park Commission would be meeting with the City Council in a joint work session to discus:* the lake access points. SUBCOMMITTEE REPORTS/LTDATES (l»5) SUBDIVISION - 4100 WATERTOM7S ROAD McDeiiht^ stated the Council requested the Park Comnisston review this item once again in order to dc^mine whether the developer should pay a park dedication fee or designate land for parks and/ortsails. McDermott stated this development will consist of six new homes and be designated as an^uestnan neighborhood and will have horse paths throughout the development Some of the Counbt^members have suggested the Park Commission consider a trail along Watertown Road. McDermott stated the dev^oper has expressed concerns regarding construction of the ^1 and dedicating the land for a traH. McDermott stated the developer has concerns regarding removal of some trees in the area needesHbr the trail. McDermott noted the pine trees in thiiarea are not very nice trees and could be rein^ed. Fumre access to Stubbs Bay Road, the Ldce Line, and Bederwood Park would be possibl^^ith this trail. McDermott noted this traiKwould also be close to County Road 6. McDermott stated the Park Commission h^the option of uking a ca park dedication fee. McDermott stated the ^k Commission couli or land do.iation for the so do a mixture of both. Oappa stated the park fee is based on a percental amount. ‘the land^lue and is capped at a maximum Gaffron stated prior to final plat approval that number vv^d be determined based on the number of lots within the development Gaffron stated since t^re^two existing lots, only four of the lots wil. be required to pay a park dedication fee ai^hat theK^k Commission w ill probably be looking at approximately S21,000 in park fees Use stated in her opinion the Park Commissi^has not identified this for a trail on the City's Comprehensive Trail Plan. Use questionedhether it would be feasiblcSo construct a trail in this area since the City does not have trail e^ments over the other properties^his area Use commented the construction of the tr^s also questionable due to the locatiuix^f some tree lines and other structures near the area wjifre the trail would be constructed on the otVr properties. McDerm.on stated this trail wWil provide access to Stubbs Bays Road, the Luce Lin* Bederwood in the furore trail easements over the other properties in this area w^uld be possible to obtain. Hse reiterated she r^ly « not in support of this trail since it does not go anywhere and that tW Park Commissiop^ in need of cash to make the various improvements at the local parks. Hse stated she woilTd prefer to go straight down to the Luce Line. PAGE 4 J C1T\ OF ORONO PARKS. OPEN SPACES AND TRAILS COM>nSSION MEETING MONDAY. JULY 2,2001 ^ke Access Points SM^BuK. 4690 Tonkaview Lane, noted she previously submitted a petition to the Park Commission concerning the lake access located at Forest Lake Landing. Bull stated some of the neighbors have been inquiring about the progress being made on the access. Bull inquired when this lake access point would be reopened to the general public. Bull noted she attempted to use it yesterday, with access to the lake at this time being pretty impossible. McDermott inquired what the City could do to make the access easier to use. Bull inquired whether the access could be regraded back to the original grade. Bull noted the slope in this area is ver> steep and it is very difficult to tell exactly where the lake access is. McDermott stated it is his understanding the right-of-way goes all the way to the residence I'cated to the left of the s:cess. McDermott stated basically the front lawn of that residence b \ ithin the lake access. Bull noted the stakes denoting the lake access point have also been removed. Bull stated in the past the pathway down to the tal e was located more to the south than to the north, with the property to the north remaining basically the same for the past 30 years. McDermott stated there is a row of arborv itae on the right-hand side, w hich is one edge of the public right-of-way give or take a couple of feel. McDermott indicated the area to the leB, all the way to the foundation of the residence, is the other edge of the right-of-way. McDermott noted the play structure, the deck, and the stairway are located mainly on public land. Use commented she is unsure of the Park Commission's role in dealing w ith the lake access points, and questioned whether the Park Commission has the authority to deal with these issues being raised by the neighbors. Use noted the City Council would have the final say on these lake access points and that their philosophy is that public property is public property. Use stated the residents may need to take their concerns to the City Council. Bull suted the neighbors would basically like this access point restored back to a small neighborhood access like it had existed in t^ : past Bull stated the changes that have been made to this area in the past few years are what have prevented the local residents from utilizing this access point. Dull stated she is aware of an individual who drove his truck down to the lake a couple of years ago, which is impossible today. McDermott stated this would be considered a city park with motorized vehicles not being allowed. McDermott noted this would be a walking path only. McDermott stated the Park Commission is in agreement that every resident should have access to the lakeshore on available City property. McDermott commented the legal access to the lake might be located in a different location than what the neighbors have been using in the past, and that the Park Commission has recommended to the Council that this lake access remain open. McDermon stated it is the desire of the Park Commission to have every lake access point clearly designated and marked over the next few years. Jay Nygard, City Council Representative, stated Orono is following the lead of other communities around the lake by starting to mark and identify the City's fire lanes and lake access PAGES b CITYOFORONO PARKS. OPEN SPACES AND TRAILS COMMISSION MEETING MONDAY, JULY 2,2001 H points. Nygard suted the DNR has indicated if the cities do not start utilizing these lake access points and fire lanes for public good, the DNR may take them back. Nygard expressed frustration rhat the markers at this lake access point have been pulled, noting it costs the taxpayers money to have the land surveyed and marked, and that a complaint has been filed with the Police Department. Nygard stated since this is a fire lane, there is driving access, and to his understanding it has been classiHed for snowmobile access. Nygard suted in his opinion this lake access point should be made available to the neighbors and that a satisfactory conclusion can be reached in this situation. McDermott clarified that this lake access is a platted road and not a fire lane, with the Park Commission having voted to recommend that this be classified as a swimming beach with no snowmobile access because Orono’s Ordinance does not allow both. Gappa suted there is a 60 foot wide platted right-of-way in this area, which was platted back on July S, 1921. Gappa illustrated on the overhead where the location of the lake access is. Gappa suted the row of arborviue is close to one edge of the right-of-way. Gappa noted he does have photographs of the location of the stakes and that the markers could be replaced from the photographs. Bull inquired why the property owner was not told at the time of construction that this may be a problem. Gappa stated a portion of the driveway is located on public land, which should not prevent people from having access to the lake. Gappa stated if this is classified as a beach, motorized traffic should not be allowed. McDermott noted the City Council would make the ultimate decision on how this lake access point should be classified. Bull inquired whether they should speak to the City Council about having this area regraded. McDermott noted grading is not allowed within the 0-75* zone, and that perhaps some steps or safe pathway could be established. Gappa suted in his opinion this area has not been regraded outside of the area for the driveway, which was relatively flat at the time construction commenced. Mr. Line indicated they have not changed the grade in this area either to the north or south. Line staled the area is overgrown w ith brush. Meyers suted the Park Commission feels there should be access in this area, but that the exact ' location of the access is undetermined at this time. Meyers stated the access might be different than what it was in the past. Meyers staled the issue is that the neighbors are allowed access down to the lake. McDermott suted at this time the Park Commission has recommended to the City Council that this area be classified as a swimming beach, with no motorized vehicles being allowed. PAGE 4 CITY OF ORONO PARKS, OPEN SPACES AND TRAILS COMMISSION MEETING MONDAY. JULY 2,2001 Halvorson noted this area is too steep at the present time to accommodate motorized vehicles. Gappa indicated it would require a substantial amount of grading in the area in order to accommodate motorized vehicles, which is something the City probably would not approve. Tim Lemke indicated he lives in this area and does not see the sense to restoring this lake access point. Lemke stitted he has lived in this area two to three years prior to the Lines r oving in and that he has not observed anyone utilizing this access point, especially motorized vehicles. Lemke noted th;re is no parking in the area and that he does not see the sense to allowing people access to the lake at this location. McDermott stated it is the intention to make this an access point which would be available to the local neighbors within walking distance. McDermott stated the City is not going to put this lake access point on the map or encourage motorized traffic in this area. McDermott stated the Park Commission simply would like to establish a safe pathway to the lake. Lemke stated in his view this area is worthless for swimming and that a beach really does not exist in this area. Lemke stated there are much better places to swim than at th»s lake access point. Meyers noted the Park Commission has merely made recommendations to the Council on how these lake access points should be classified and that the Council will be making the final decision. Me>’ers stated the City is legally unable to abandon the lake access points, and that the Park Commission would like every resident within the City to have access to the lakeshore regardless if they own lakeshore or not. MROnTfi^yPDATE Sr (H5) PARK TOUR ASSESSME?Fi: AND REFLECTIONS Silber stated in her opinion it was a greafVqur. Bouchard commented in her view it was very Mlpful for the Park Commiaiion and City Council to have the opportunity to tour the parks and discuKwhat improvemyits should be made. McDermon inquired whether Gappa has received any cc fregarding Sandy Beach. Gappa stated the only comment he has received from tha^eighbbes in the area is that they would have liked some notice that the Park Commission waf^oing to be uS(he area. Gappa stated it was his understanding all the neighbors in the are^ere informed of tm^our, but unfortunately some of the neighbors apparently did not recei^notice. McDermott noted the Park Commissioi^yould like to trim the vegetation back sbqtewhat and make the beach wider in this area. Use stated the portable bathroom at Crystal Bay can now be removed. % PAGES MLMTTES OF THE CITY OF ORONO PARKS, OPEN SPACES AND TRAILS CO>DnSSION MEETLNG _______________________MONDAY, AUGUST 6,2001_______________ REPORTSOJPDATES (»S) NAVARRE PARK Park DedK)i^oii/Parkias Lot Cleaoop Meyers staled thrit^iness people in Navarre are sponsonng Days event August 24* and 25*. with the ribbonWing ceremony at the Nav-arre Park^eduled for 11:30 a.m., on August 25*. Meyers st^ there would be face painting/hd ice cream available. Meyers insited the general public to aitencNhe nbbon cutting ceremon/ Status of Beoches/MS Society Meyers noted City crew has cleaned up^d : some improvements to the Nava.Te parking lot Gappa stated the benches constructed by i week. Gappa noted the letter to the MSy /c dbj^couts are scheduled to i.e installed in the nc.xt ciety l^been sent. Letters of Recogoition/Cenincat^r Donation Meyers suied he has a list of Unpeople who donated plants fcr>*w Navarre Park. Nfeyers indicated he did put an articl^ the paper thanking the people wlv^nated the plants. Meyers commented the park is stiH^ening lots of use. Meyers inquired whethbMt would be possible to have a drinking fountair^stalled there in the near future. Gappa staled if funding is not received from the MS Society, the Park Comrmssi^ould need to get City Council approv'd! for the dnnking fountain. ^ /w (#4) PL-BLIC CO.MMENTS (#6) 39 LAKE ACCESS POINTS ^ Gail Blackslone, 4465 Forest Lake Landing, presented a petition to the Park Commission with the signatures of 66 residents, requesting the Park Commission terminate any further development of the Forest Lake Landing access due to traffic and safety concerns Blacksione expressed concerns regarding the safety of the children due to the lake access point being very private and secluded and the likelihood of garbage being left in the area. Blackslone recommended the road leading to this access point be closed or vacated questioned why this lake access point is being considered first. Silber noted this lake access point has existed for a significant number of years, with the Park Commission not creating a new lake access point at this location. McDermon stated 99 percent of the roads leading cowti to the lakeshore are considered to be planed roads and not fire lanes. Gaffron Slated platted roads are dedicated on plats or subdivisions, with this particular road having been platted in the 1920s or earlier. Gaffron stated this road has been dedicated to the public use forever. Gaffron stated the Minnesota Supreme Court has ruled that cities are not PAGE 2 MINUTES OF THE CITY OF ORONO PARKS, OPEN SPACES AND TRAILS C0>DI1SS10N MEETING _______________MONT)AY. AUGUST 6,2001 1. able to vacate these lake access points. Silbcr commented the Park Commission is considering what type of use should be allow ed at each access point based on their location. Lisa Mullin, A440 Forest Lake Landing, indicated she is one of the property owners adjacent to this lake access point. Mullin suted at the time she purchased the property she was unaware a public lake access point existed at this location and that a portion of her property encroaches within the City’s right-of-way. Mullm expressed concerns that her well. deck, and residence would be damaged should this lake access paint be frequently used. Mullin also expressed concerns regarding safety due to the close location of her residence to this lake access point McDermott stated to his know ledge the well was installed in approximately 1963, with a portion of the house having been constructed in the 1930s. Gaffron stated according to City records, the well was put in sometime in the 1960s, without the City conducting a proper inspection of the property. Gaffron stated it is doubtful the City required a survey at that time. Mullin suted she does not feel she should have to suffer because of some mistakes made in the past. Wolfe commented this could have been avoided had the property been surveyed at the time it w as purchased. Wolfe suted basically the same issues exist with every lake access point within the City, and the residents of the City need to decide w hether they want people w ho live ofTshore to have access to the lake. Mullin inquired w hether all 39 lake access points would be opened to the public. McDermott suted currently the Forest Lake Landing access point is the only one that has been surveyed, with Mullin’s property probably the worse encroachment on City property. Wolfe noted the Park Commission is review ing this take access point at the request of the City Council and some of the residents in this area. Wolfe commented the Park Commission w ould like to deal with this lake access point as quickly as possible in order to help the residents get on with their lives. Silber stated the important goal is to get the issues resolved. McDermott suted a number of residents in the area had requested the Park Commission consider restoring this lake access point and making it into a swimming beach, which made it a higher prioniy than some of the other access points. McDermott noted the City has not received a request concerning any of the other lake access points. Lisa Blackstone. 4475 Forest Lake Landing, inquired why the Park Commission is pursuing this lake access point given the encroachment. McDermott suted a public road is located in this area, with the lake access point being open PAGE 3 MINUTES OF THE CITY OF ORONO PARKS, OPEN SPACES AND TRAILS CO>DnSS10N MEETING ________________________MONDAY. AUGUST 6,2001________________________ to public use. McDennott stated there are some other lake access points in the City which also have encroachments. Gail Blackstone commented no one from the City Council or Park Commission has bothered to find out how the other residents feel about this lake access point. McDermott suted the Park Commission is looking at this lake access point at the request of the City Council. McDermott stated the Park Commission photographed all of the lake access points last year and this year are attempting to compile a list of recommended improvements and uses for each lake access point, with a public hearing following this process. McDermott stated the City Council has not made a final decision on this lake access point. Gail Blackstone requested this lake access point be considered as part of the normal process and not made a top priority. McDermott stated the Park Commission and City Council would be looking at 12 other access points in addition to this one this year. Ken Hickey, 4640 Tonkasiew Lane, commented he would be in support of having some type of lake access in this area. Hickey noted his children haw recently gone down there swimming. Hickey suted due to the lack of survey markings in this area, he is unsure where the public right* of-way is located. McDermott stated it is the intention of the City to survey and mark each one of these lake access points. McDermott noted the Council is somewhat relucUnt to make this a true swimming beach. McDermott suted at the time the Park Commission proposed this as a swimming beach, they were unaw are of the close proximity and encroachment of the adjoining property. Bob Sanseverc , Council RcprcscnUtive. suted he would hcsiutc to make this a swimming beach due to the lily pads in the w ater and the issue of safety in order to gain access to the lakeshore due to the steep slope. Charles Boehm, 997 Wildhurst Trail, stated to his knowledge the City has abandoned a platted road or fire lane on Wildhurst Trail, with each adjoining property owner receiving half of the land. Gaffron inquired whether the access in question was located past Brockhoffs and Constrom’s property. Boehm suted the road went north of the property owned by Ca\in. Gaffron stated to his knowledge the abandonment of that access happened at least 25 years ago. Boehm stated he has only lived in this area 15 years, and it was his recollection it happened appro.ximately seven or eight years ago. Gaffron suted he is unfamiliar with anything that has been vacated in that area in the past ten yean. Gaffron suted he is aware of a platted road in that area, which was vacated a long time ago but nothing in the past five to ten yean. Gaffron noted it is the current policy of the City not PAGE 4 MIMnXS OF THE CITY OF ORONO PARKS, OPEN SPACES AND TRAILS CO^INOSSION MEETING ________________________MONDAY, AUGUST 6,2001________________________ to vacate any access to the lake, with the City’s cutrent Comprehensive Plan including language about preserving access to the lake. Gaffron suted in the past, approximately 30 to 40 years ago, the City did vacate certain accesses to the lake, which is not the current policy of the City. Boehm noted the enure bonom part of Forest Lake consists of platted roads. Boehm questioned what that means for that neighborhood. Gaffiron stated those roads were platted in the 1930s, when the lake was low, and are now currently covered with water. Gaffion stated if the City does not do something with these lake access points, the DNR may uke jurisdiction over them. Dwight Affeldt, 4765 Tonkaview Lane, mdicated he also is appearing on behalf of Shirley Bull, 4690 Tonkaview Lane. Affeldt commented he is pretty much landlocked in his present locauon and would like to have access to the lake without having to cross County Road 19. Affeldt stated in his view people suffer from a “not in my backyard syndrome", and in his view a compromise of some t;^ could be reached in this situation. Affeldt stated he would be in support of a lake access point that would allow him access to the lake, but he is not expecting a sandy beach or a fishing pier. Me>*ers stated the intent of the lake access points is to enable people who do not live on the lake to have access to the lake. Meyers stated the Park Commission is taking the view that this is a neighborhood access and not a lake access point where people will drive to and go swimming. Meyers stated the Park Commission has attempted to listen to all the residents in this area on what they would like for this lake access point prior to arriving at any final decisions. McDermott noted these lake access points would not be published on any City maps. McDermott noted no parking is allowed on Forest Lake Landing. Peter Manmson, 4460 Forest Lake Landing, indicated he would not have moved to this area had he knowTi a public access e.xisted at this locatioti. Martinson stated he is opposed to opening this lake access point up. Martinson stated he has not noticed this lake access point ever being used in the past. McDermott stated the Park Commission has heard from residents at previous meetings that indicated this lake access point was well used in the past. Velma and Bob Wolff, 4450 Forest Lake Landmg. stated in their view a swimming beach consists of lots of sand and clear water, which does not e.xist at this location. Bob Wolff stated the w ater in this area is mucky with a lot of lily pads. Wolff e.xpressed concerns that people with fish houses will try to access the lake at this site. McDermott pointed out no notorized vehicles would be allowed down to the lakeshore. Mrs. Wolff inquired how the City would control who uses this lake access point McDermott stated a gate across the right-of-way could be installed. McDermott suted the only improvement the Park Commission has considered for this location is perhaps a set of suirs down the slope to make access safer. ''7, PAGES MESXTES OF THE CITY OF ORONO PARKS. OPEN SPACES AND TRAOS CO.NDHSSION MEETLNG _______________________MONDAY. AUGUST 6,2001_______________________ Mrs. Wolff Slated at the time Aey purchased the property they were not informed this area was a public lake access point Wolff sated they were told thm was a fire lane to the lake. Wolfe expressed traffic and safety concerns, noting a number of young children live in this area. Meyers sated the City cannot stop people from using public lake access points but can attempt to regulate the uses. Meyers noted a parking lot would not be created for this access point Meyers sated the Park Commission is aware there are a number of issues *hat need to be considered before to reaching any recommendation for this lake access point. Mrs. Wolff sated in her view it does not appear that the neighborhood is requesting this access point be opened. NfcDermott noted a previous petition was submined by some residents located on Tonkaview and Wildhurst requesting this lake access point be restored. Meyers sated the Park Commission has basically advised them of the same things; that the Park Commission is an advisory board to the City Council, who makes the final decision. Meyers sated the Park Commission will be following the same procedure on all the lake access points and w ill not be making any snappy decisions. Joan Walter, 4470 Forest Lake Landing, expressed concerns regarding the maintenance of the lake access point. Walter inquired whether the City had funds available to mainain a garbage can at this location. Walter stated she wants the Park Commission to be aware of all the ramifications that go along with making a piece of property public property. Silber reiterated this lake access point is already a public lake access point and the Park Commission is not creating a new access point. Walter sated this lake access point would be open to the general public and not just the residents of Forest Lake Landing. Silber sated the City does have money available to maintain a garbage can in this area. McDermott sated the City would be required to police this area once it becomes a public-used facility. Use commented she lives near a dock and a public access, which is well used, with the City having nude arrangements to pick up the trash weekly, llse sated what works very well in her neighborhood is that one of the local neighbors have more or less adopted this access point and help mainain the area. Hse encouraged the residents in this area to be good neighbors and to do their part to keep this area clean. Gail Blackstonc inquired whether the Park Commission considers a swimming beach to be an active use or a passive use. McDermott sated the beaches in Orono tend to be pretty passive. McDermon sated there would be no dock at this location. McDermott sated at some of the beaches in Orono there are buoys and a little swimming dock or platform, which is not the intent of the Park Commission for this % PAGE 6 MINUTES OF THE CITY OF ORONO PARKS. OPEN SPACES AND TRAILS C0M>HSS10N MEETLNG _______________________MONDAY. AUGUST 6,2001________________________ location. McDennott suted his view of this lake access point would be a small trail down to the lakeshore. with some w-ading in the water. Gail Blackstone stated she would like this lake access point to meet the same criteria that is used with the other access points. Bbckstone stated she would like the City Council to be notiFied of the concerns of the res .dents in attendance at tonight's meeting regarding th.is access point. Chris Pierson, Attomey-at-Law, indicated he is appearing at tonight's meeting on behalf of Tim and Lorie Line, 4415 Forest Lake Landing. Pierson staled over the years the City has basically allowed this lake access point to hecome part of people’s private property by allowing different encroachments into the nght-of-w ay. Pierson stated because of those mistakes on the part of the City, the City would be hard pressed to make this a public right-of-way, and recommended the City leave the lake access point as is or vacate the platted road. Pierson stated if the City erects signage at this location, it invites the public to this lake and creates a hardship to the adjoining property owners. McDermott stated the signage the Park Commission is talking about consists of marking the property comers to help prevent people from trespassing on private propert>’ and denoting the public right-of-way. Mullin questioned whether there would be signage near her front door. McDermott stated the intent of the Park Commission is to identify the property comers of all the lake access points. Silber stated this lake access point has become an issue due to two petitions that have been submitted to the City along with residents voicing their opmions and concerns at the past three Park Commission meetmgs. Mullin questioned why Council Member Nygard is not piesent at tonight’s meeting to hear the concerns of the residents regarding this access point. McDermott stated the Council representative for this mec’ing is Bob Sansevere. Tim Line. 4415, Forest Lake Landing, mdicated the petition submitted tonight includes the residents from the entire area. Line stated it is a frustrating situation to be in for the two adjoining property owners who will be impacted the most by the lake access point. Line stated in his view the Council is not listening to the people and to the Park Commission. Line stated he would like to see the criteria that says this access point needs to be made a top priority. Line noted the area down to the lakeshore consists of a steep embankment, w hich makes it impossible to see the shoreline from the road, and commented the burden would be placed upon the ^vo adjoining property owners to police this area. Line stated in his opinion there are better places to put a lake access and that Council Member Nygard should be here to hear the other side of this issue. McDermon stated the Council has directed the Park Commission to deal with this lake access point, w ith the final decision as to what to do with this lake access point being up to the Council. Chris Morgart, 1003 Wildhurst Trail, stated he is aware of another fire lane that was vacated by the City several years ago between 1001 and 999 Wildhurst Trail. Morgart stated back in the PAGE? ^^^UTES OF THE CITY OF ORONO PARKS. OPEN SPACES AND TRAILS CO>L\nSSION MEETING _____________MONDAY. AUGUST 6, 2001________________________ 1900$ roads were platted in the Forest Lake area, which have been vacated over the years. Morgart suted there is access off of Rest Point and another one off of County Road 19. which could be utilized. Morgart stated if this access point is opened to the general public it turns the area into a dump and requires the neighbors to police it and maintain it. Morgart stated in his opinion this access point should be vacated. Bob Sansevere. Council Representative, stated to his knowledge no one on the Council intends to vacate this lake access point. Sansevere stated it is his personal behef that this access point should be left a passive area. Gary Welsh. 1214 Wildhurst Trail, stated he has lived in this area since 1967. W’elsh stated he has a survey showing a road platted down to the lake. Welsh stated during the time he has lived in this area, the grade of the slope has changed by the retaining w all. Welsh stated he personally has driven down to the lakeshore in approximately 19S0 and 1991. Welsh stated m the past this access point has been used by the local residents, which did consist of a small sandy beach, and had the area remained the same, people w ould probably still be using the access point. Welsh commented he understands the need to prohibit motorized vehicles in this area, and concuned that a set of stairs or a walkway should be constructed down to the lakeshore. w hich would help delineate the right-of-way and keep people from trespassing on the au, lining properties. Wc'sh stated in his opinion some of the residents feel the City is going to really improve this lake access point, which is not the case. Welsh stated he is aware uf a case where the DNR came in and condemned the adjoining property and made the lake access more public. McDermott stated it is not the intention of the City to involve the DNR in these access points Welsh stated he signed the first petition in support of restonng the original use for this lake access point. Silber stated the challenge before the Park Commission is to come up with a solution that will cause the least amount of damage to the property owTicrs in this neighborhood. Bob NVolfT, 4450 Forest Lake Landing, stated in the past a couple truckloads of sand have been hauled in. McDermott stated to his understanding very little sand exists at this location an>’more. Robert Birkeland, 129S Wildhurst Trail, questioned where the people wt)uld park their cars. McDermott stated it is the intention of the Park Commission that this will only be a neighborhood access point. McDermott indicated he lives near Lydiard Beach, which consists of a sandy beach and a dock, and experiences very little use. McDermott stated in his opinion this site will not be heavily used and that people will not be driving to this access point McDermott suted this lake access point is merely intended to allow people to walk down to the lakeshore and that motorized vehicles and fish houses will not be allowed in this area. Birkeland inquired whether this is a platted road or a fire lane. PAGES MLWTES OF THE CITY OF ORONO PARKS, OPEN SPACES AND TRAILS COMNHSSION MEETING ________________________MONDAY, AUGUST 6,2001_____________________ McDcnnott suted it is a platted road and not a fire lane according to City documents. McDermott indicated it is an extension of Forest Lake Landing. Tim Line, 4415 Forest Lake Landing, requested the Park Commission to consider the uniqueness of this siniation due to the encroachments that have occurred over the years. Line stated his biggest concern is to have strange cars in the area and people not from the neighborhood utilizing this access point. Line encouraged the Park Commission to develop deHnitive criteria for what a passive use is. Line also expressed concenu that the burden to maintain this access point will be placed on the two adjoining property owners. Me>’ers stated there are a number of issues that need to be addressed with this access point as welt as some of the other access point in the Cit>. Meyers stated in his view this situation should be resolved one way or the other so the neighborhood can be restored rather than dragging it out for a number of years. Wolfe stated he has lived in Orono for almost 20 years next to a swimming beach. Wolfe stated he also experienced the same concerns regarding strangers in the neighborhood and garbage being left behind on the lakeshore. Wolfe stated over the years he more or less adopted the beach and helped to maintain it. Line stated the number of people m attendance at tonight's meeting show that the residents in this neighborhood have a number of concerns regarding this access point. Wolfe stated a lot of the concerns result from a fear of the unknown, and in his opinion this lake access point w ill not become heavily used. WoHe stated one of the positive things that has resulted from a review of this lake access point is that the neighbors arc interfacing with one another during this process. Line mdicatcd he does not have a problem with the local residents in the neighborhood utilizing this access point but he does have some anxiety with people he is not familiar with. Line commented he docs not look forward to maintaining this access point. Line stated he does not want this access point to be designated on any maps. McDermott pointed out parking w ill not be allowed in this area, which would help to prevent people outside the neighborhoed from utilizing this access point. McDermott stated this access point will not be designated on a map. Gail Blackstone expressed concern regarding the number of young children in this area and inviting the general public into the area. Blackstone suted due to the secluded nature of this access point, it is di^icult to monitor it even though she lives only two doors down. Line inquired what action the Park Commission w ill be uking on this access point tonight. McDermott suted the Park Commission will be discussing the signage for all the access points and identifying for the Council the classifications that were used in classifying the access points. McDermott suted a number of the lake access points have been classified as draiiuge areas, some that have been classified as a passive walk down to the lakeshore, and some that will get more use. McDermoa indicated the Park Commission based their classifications on historical use and utilized classifications similar to Excelsior Bay. % PAGE 9 MLWTES OF THE CITY OF ORONO PARKS, OPEN SPACES AND TRAILS COMMISSION ftlEETING ________________________MONDAY, AUGUST ^ 2001_______________________ A resident in the audience questioned where the Park Commission got their infonnation concerning historical use. McDermott stated some was based on how the access point is presently being used. McDermott suted the Park Commission did receive some comments from residents concerning this lake access point which suggested that it was used fairly regularly in the past and ethers who have said this access point has not been used at all. Meyers suted it is the intent of the Park Commission to simply make a recommendation to the Council and not to make any final decisions tonight concenung this access point McDermott suted the Park Commission would also be identifying the first 13 access points that will be surveyed this year. McDermott noted this lake access point has already been surveyed and marked. McDermott stated due to the encroachments on this access point, the markers might be placed further away from the private property than where the right-ofway actually is. McDermott suted the Council would need to review this situation and determine what action they want to take regarding this access point McDermott suted he is considering recommending the signage be placed 15 feet off the property line in an effort to keep people offof Mullin’s property. McDermon suted due to this area changing ow the past 15.20 years, it is difficult to say exactly where people were walking and that the public right-of-way might lie in a different location than what people remember. Jon Blackstone, 4465 Forest Lake Landing, questioned whether it was possible to ever drive a vehicle down to the lakeshore due to the mature trees in the area. Blackstone stated if they did drive a vehicle down to the lakeshore, they were driving on what is now the Lines' property. McDermon suted it is possible the acmal right-of-way is located in a different location than what people have been utilizing in the past. Silber suggested the Lines consider demarcating their property line abutting this nght-of-way with additional landscaping. Silber suted in her view this situation should be resolved so the people in the neighborhood can get on with their lives. McDermott suted it w ould be his recommendation that a set of suirs down to the lakeshore be constructed for safety reasons. McDermott suted he is unsure at this time what to recommend regarding the signage, but reiterated he is considering erecting signage denoting perhaps a 15 foot nght-of-way rather than the actual nght-of-way. Silber inquired whether it w^ McDermott's suggestion to create a narrow corridor down to the lake to lessen the impact on the adjoining properties. McDermott suted that it is. n$e indicated the City has uken steps to mainuiu other access points in the past, and have erected gates and pulled docks if there have been problems. Ilse suted to her knowledge the City has never closed any of the lake access points. Hse suted the reality is that people will park illegally on occasion, and suggested if that situation does occur at this landing, the police be notified. Hse suted the neighbors and the community have to be responsible in dealing with the lake access points. Bsc commented in her view this access point will not be heavily used. PAGE 10 MINUTES OF THE CITY OF ORONO PARKS, OPEN SPACES AND TRAILS COM>nSSION MEETING ________________________MONDAY, AUGUST 6,2001________________________ McDermott reiterated the Council directed the Park Commission a couple of years ago to review Orono’s lake access points. McDermott noted the other cities around the lake have already gone through the process of classifying their access points. Hse stated it is her understanding that if the City does not define how the lake access points will be used, another government agency, such as the DNR, might come in and do it for the City. Ilse stated it is in the best interests of the Cit>- to defute how Orono's public property is to be used, Silber indicated she would like to make a motion making a formal recommendation regarding the Forest Lake Landing access point. A resident in the audience questioned why this access point is being considered first McDermott stated the Park Commission has been discussing this access point because of two petitions that have been presented to the City along with numerous public comments regarding this access point. McDeroott stated the City has not been requested to review any of the other lake access points at this point by any of the residents. McDermott staled the City Council would be reviewing the Park Commission’s recommendations for the first 13 lake access points, with a public hearing being scheduled prior to any final action being taken by the Council. McDermott stated the Park Commission would be matdng a recommendation to the Council on the 13 access points to be surveyed this year, along with a recommendation concerning use. Use stated the City is planning to go through a formal process on each of these lake access points, which would include a public hearing. ? IcDermott stated he would be recommending that the Forest Lake Landing access point be classified as a Class I, w hich consists of pedestrian access to the lake, fishing from the shore, launching canoes and other small boats not requiring a trailer. McDermon stated that would be the official use of this site if approved by the Council. Silber moved, Meyers seconded, to recommend the Forest Lake Landing be classified as a Class I lake access site, which would allow pedestrian access to the lake, fishing from the shore, launching canoes and other small boats not requiring a trailer. MOTION CARRIED 5-0. Wolfe noted 26 other sites within the City have been classified as Class I. McDermott indicated a Class II access point would include pedestrian access to the lake, fishing from the shore, launching canoes and other small boats not requiring a trailer, plus snowTnobiling. A Class m a fishing, boat launching, and winter vehicular access to the lake. McDermott stated currently there are two access points that have been classified as a Class HI. Class III-A includes vehicular access to the lake during the winter. McDermon reiterated the classificauons have been based on the historical use of the access points. McI!)ermon stated a Class IV would be a swimming beach. Orono's swimming beaches are located at Crystal Bay, Park Lane, Sandy Beach, Rest Point Lane, Casco Point Beach. Lydiard Beach, and Summit Beach. McDermon stated to his knowledge those beaches have been in existence for at least IS years. Meyers noted this classification would not preclude people from swimming at any of the other lake access points. PAGE II MINUTES OF THE ORONO PARKS, OPEN SPACE AND TRAILS COEVHSSION MEETING Tuesday, September 4,2001 'A It Point Road McDimtt stated this is an eight foot wide grassy sinp to the lakeshorc located^on a cul-de-sac on Rest Po^Road. This site has historically been used for sno«-mobile acce»^d fishmg during the summer. ' ^ The Park Con^ltjission classified this as a Class I and a Class II. Rest Point Lane McDermott stated Re^VPoint Lane is a 33 foot platted corrid^ with the road being located approximately 30 feet firto the shoreline. This access point^oes contain a sandy lakeshorc and has easy access from the road.\^e of the neighbors in this Ktt has requested that the area be opened as a swimming beach. McDe^ott stated there is not^wimming beach presently in this area Bouchard indicated she is not wiHmg to change th/classification based on one neighbor’s request. Gail Blackstonc, 4465 Forest Lake, Adicated^r mother and sister live on Rest Point Road, and to her knowledge they are not aware of U^ro/bsal to change this to a swinumng beach. McDermott stated this site could be one/fibre the use is changing, which would necessitate the need for a public hearing. McDermot^icaM public hearings would not be held on the other access points discussed tonight sinc^hc use haVnot changed. McDcrmon noted the City has not maintained this as a swimming beaOi in the past.^ Casco Circle McDermott noted this acc point has historically been u^bd for fishing, launching canoes, and pedestrian access to th^ke. McDermott indicated it is not intention of the Park Commission to change the use of Ms access point. The Park Commi^ion classified this as a Class I. Isy Lane McDen^ suted the historical use of Ivy Lane has been for snowmobile ac^ss. This is a 60 fooi^'ide planed road to the shoreline. McDermott noted this has been clasVfied as a Clasvil and a Class V, which appears to be incorrect. r Park Commission classified K7 Lane as a Class II. Forest Lake Landing McDermott suted Forest Uke Landing has been classified as a Gass L At a previous meeting the Park Commission had classified this site as a Class I. which is pedestrian access, fishing from the shore, launching of canoes and other small boats not requiring trailers. Since that time the neighbors have met with the Council and they are proposing a natural area designation for this access point. PAGE 4 IM.. MDiITTESOFTHE ORONO PARKS, OPEN SPACE AND TRAILS CODIISSION MEETING Tuesday, September 4,2001 McDennott stated public comments be taken at this time regarding this access point Tim Lembke, 4445 Forest Lake Landing, indicated he has lived at this address for the past seven years, and summarized his letter submitted to the City requesting that this area be given a Class LA classification. Lembke stated the neighbors in this area do not want any additional signs, trafne, or parking on the street Lembke stated he did recently go s\Mmming at this area and found it to be rather polluted and dangerous to swim. Lembke stated the situation would be made worse without buoys, proper supervision and lack of sand. Lembke stated he has drafted a resolution for the City Council requesting this access point be given a Class LA designation. McDermott noted some of the residents in this area had requested early on in this process that this access point be opened for swimming. McDermott suted this access point has been ruled out for swimming following Council Member Sansevere's review of the area and determination by the Council that this site was not appropriate for a swimming beach. The Park Commission had considered the option of opening this access point and Rest Point for sw imming since there were no other beaches within the immediate area. Meyers inquired whether Lembke envisioned this area as having plantings all the wny down to the shoreline to prevxnt people from walking down to the lakeshore. Meyers stated it is the goal of the City to better maintain these access points. Lembke stated it appears to be the desire of the people in the area to limit access to this site. Bouchard stated she understands the desire of the residents to limit the public's access to this site or discourage this area from becoming widely used Bouchard suted as a public official she would have a difficult time agreeing to limit who can access this site when it is public land. Lembke stated the Park Commission does have a Class V designation, which is for drainage only, and could be utilized in this case. Lembke stated since this issue has arisen, he has not observed this access point being used. Tim Line. 4415 Forest Lake Landing, suted in his view the neighbors havx come up with an accepuble solution to this issue. Line suted while this issue has brought the neigh^rhood together, it has also created some an.\iety. Line indicated he is not “hung up" on restncting this access point to neighbors and guests, and feel the solution proposed is acceoUble. Line stated he and his wife along with the Mullens would be willing to help maintain this access point. McDermott noted the City would also be involved in mainUining this access point. McDermott stated he did obuin some information from the DNR regarding an ecosystem approach to developing the shoreline, which is similar to what the Lines are proposing. McDermott indicated the information recommends that the shoreline be turned into canails and vegeutive maner, not rip rap or rocks. McDermott noted Lili McMillan, with the LMCD. did hold a workshop recently on how lakeshores should be properly mainuined, w ith emphasis being placed on vegeUtive plantings rather than rip rap. Meyers indicated the sites classified as Class V tend to be drimage and are basically inaccessible at this time to pedestrians. PAGES ^^M^rEs of the ORONO PARKS, OPEN SPACE AND TRAILS COMNHSSION MEETING Tuesday, September 4,2001 i McDermott note the City Council has not yet formally approved any of the classifications given to the lake access sites. Patricia AfTeldt, 4765 Tonkaview Lane, stated she li\*es across the street from a parking lot so she understands the “not in my backyard” issue. AfTeldt suted the traffic she has observed is from the neighbors in the area and not from other cities or other areas. Affeldi indicated there are some residents from this area and from Saga Hill who would like a beach they can walk to. AfTeldt read a letter from Shirley Bull, 4690 Tonkaview Lane, indicating her support and desire that this lake access point be restored. AfTeldt commented that had she knowo this access point was available, she and her young children w ould have used it McDermott pointed out that the property that encroaches into this access point is the Mullens’ property and not the Lines. McDermott stated it creates a difficult situation since her residence is so close to the walkway. McDermott stated in his view the City is not willing at this time to vacate this access point. Lori Line, 44 15 Forest Lake Landing, stated the walkway down to this access point is not located on their property, w ith Bull still having the misperception that the Lines have encroached mto the City access. Line indicated all the work they have done in this area was done with the approval of the City. Line stated they feel this is a upique property given the situation with the Mullen property encroaching mto the access point and that special consideration should be given to the City’s other options. Line slated they ore willing to cooperate with the City in turning this access site into a natural environment area. McDermott stated in the past the residents in this area may have been utilizing the WTong pathway down to the lake. Gail Blackstone, 4465 Forest Lake, acknowledged the concerns of the residents of Tonkaview, noting that a large majonty of the residents on Wildhurst, Forest Lake Landin, and Tonkaview are supportive of maintaining the natural area. Blackstone stated she would like to see the same concept that vvus used for the Saga Hill area applied to this site. Blackstone e.\pressed safety concerns for any young children who may go down to the lakeshore unsupervised, noting this area is not visible from the street. Blackstone also pointed out that people interested in watching the sunset from this area would not be able to since it faces east Blackstone inquired whether this area is still being considered for a swimming beach. McDermott stated the Council has recommended this area not be utilized for swimming. McDermott noted there would be a public hearing held at the Council level regarding the classification of the access points in the near frmire Lembke inquired whether there weren’t three access points on Forest Lake Landing. Hse stated there are three inaccessible points. Rse stated there is one on Elmwood, one on Vine, and one on Bluff Street, all of which are not very accessible at this time. Ilse stated this appears to be the most useable of the access points in this area. PAGE 6 MINUTES OF THE ORONO PARKS. OPEN SPACE AND TRAILS COM>USSION MEETING Tutsday, September 4.2001 L-k McDcniiott noted the Planning Commission had previously classified this access point as a Class I. McDermott suted following the past few meetings and the infonnation recently obutned from the DNR, along with an offer by the Lines to help fimd the restoration of this shoreline, the Planning Commission may want to reconsider their classification of this site. Dse stated in her view the Park Conunission wants to be reasonable and compromise whenever appropriate to help protect the rights of the public, fise acknowledged that it is not possible to please everyone, but that the continuing concerns she has heard expressed throughout this process concern safety issues as it relates to s\%imming, safety issues as it relates to strange people in the neighborhood, and fishing problems. fise stated at this time vacating this access point is not an option for the City in light of the fact that there is no other good access for this part of the lake for non-lakeshore owners. Ilsc stated she is a strong believer that all people should have the right to access the lake. fise suggested the following options be considered by the Park Commission: Leave as is; Accept the Lines* offer to turn into natural area; Construct a suirway down to the lakeshore; Erect no parking signs along Forest Lane to make it difficult for nonw-alkers to access this site; Erect no fishing signs at the w ater’s.edge to prevent fishing; Erect signs that are low to the ground to keep this area more pris-ate; Make a trade for another site to access the lake. Ilse stated in her view closing this access point and limiting it just to the neighbors is really not an option. Ilse reiterated that she feels strongly that access should be allowed and that swimming should be discouraged at this location, fise commented that steps can be taken to allow access by the local neighbors and not insite the entire general public to this lake access point. Wolfe stated in his view that is what the goal of the Park Commission is for all the lake access points. McDermott stated if this site is de\*e1oped as a natural area, swimming w’culd not be allowed. Ilse inquired if this area is turned into a natural area whether people would still be able to walk down to the lakeshore or just have a lookout area. McDermott stated that would be an item that would need to be discussed further. McDermott stated in his opinion if this area is turned mto a natural area, one of the recommendations should be that indisiduals would still be allow ed access to the bonom of the hill or be able to access a lookout area on the top of the hill, but that access into the water w ould not be an option. Meyers stated the idea of an overlook is an option that should be considered, but expressed a concern that the use of this access point would probably change if it is turned into a natural area. Meyers indicated he w ould like to see a diagram of w hat the natural area would look like prior to nuking this area natural. PAGE? i MLNUTESOFTHE ORONO PARKS, OPEN SPACE AND TRAILS CO>DnSSION MEETLNG Tnesday, Sq»tcmb(r 4,2001 McDcnnott concurred that the Park Commission would need a diagram of what the area would look like prior to turning this site into a natural area. McDermott stated in his opinion approximately 40 to 50 feet of the lakeshoce would be restored, with the remaining 20 feet left as is. Wolfe agreed that this is an intriguing concept, but questioned whether this is beyond the scope of what the Park Commission has been directed to do. Wolfe stated in his opinion there might be belter sites within the City for an ecosystem restoration and that the Park Commission needs to address what type of access should be allowed at this site. McDermott stated in his view if swimming is not allowed and there is just basically a pathway down to the lake, this access point wnll not become heavily used. Meyers questioned whether the Park Commission should even classify this as a Class 1*A, noting that the e.xact language for this classification has not been finalized. McDermott stated the Park Commission needs to determine what type of classification they want to give to this site. McDermott indicated the Council would be holding a public hearing on this matter probably in September, with the Council voting on the recommended classifications. A Class I-A classification could include language that this is a natural area that is being developed for an ecosystem based approach for filtering drainage before it enters the water based upon the recommendations of the DNR. fise stated she has heard some of the residents say they are not opposed to having the neighbors have access at this time, with swimming not being recommended, and fishing not being preferred. Ilse suted perhaps the Park Commission needs to consider those types of issues first and w hat the City would like to see this access point used for. McDermott stated the first question in his opinion for the Park Commission is whether they want to adopt a classification called a natural area. Bouchard indicated she would be willing to adopt a classification for a natural area, but that she would like to see pedestrian access left available. Meyers stated there could be an observation trail or lookout area constructed which would allow access close to the lakeshore. McDermott stated in his view the Park Commission is not in favnr of fencing this access point off toully. Bouchard indicated she is not in favor of adopting a classification for a natural area if the public is not allowed to have access to iL McDermott and Meyers indicated they agree with Bouchard. Meyers stated if this area is turned into a natural area, swimming, boating, and fishing probably would not be allow*ed, w'hich would be included in the classification language. Wolfe stated in his view adding the “natural classification** may be premature at this time. Wolfe stated people have been using this access point for the past 40 to 30 years, which cannot be PAGES MINUTES OF THE ORONO PARKS, OPEN SPACE AND TRAILS COM>nSSION MEETING Taesdiy, September 4,2001 c % overlooked. Wolfe expressed concerns that in the future other groups will bring in other classifications that they would like adopted. nse commented it was her understanding that the Park Commission was discussing the concept of adopting a **natural classification'* in genera) and not specifically to Forest Lake Landmg. McDermott stated the discussion concerning a ‘‘natural classification** is general and that the Park Commission may want to revisit the sites classified as a Class V to determine whether they should be classified as a natural area also. McDermott noted the Council had directed the Park Conunission to come up with a set of classifications for the various access points. Meyers stated in his view the topography of the area should dicute whether the area is classified as a nrtural area rather than politics. Meyers stated it would be up to the discretion of the Council whether they wish to change the classifications in the future depending on the changing circumstances of the area. McDermott moved, Meyers seconded, to create a Oass V% “Naturar Lakesbore Access Site, which would include naturaltzatlon of the shoreline for sites deemed appropriate for restoration to the natural habitat of the area, pedestrian access to the area, nsbing from the shoreline, with boating not being allowed. Wolfe stated the Park Conunission wants to encourage the local residents to de\-elop the shorelines naturally. Meyers stated in His opinion if a resident comes up with an idea for a different classification, the Park Commission should consider it Meyers suted in his \iew an additional classification of natural area with pedestrian access would be beneficial. VOTE: Ayes 3, Meyers, Bouchard, McDermott; Nays 4, Use, SUber, Wolfe, Ilalvorsoo. MOTION FAILED. Use indicated she would be w tiling to reconsider this classification in the future. (Recess was taken from 9:20 p.m. - 9:30 p.m.) It was the consensus of the Park Commission to classify Forest Lake Landing as a Class 1 based upon the historical use of the site. Bse noted the Park Commission did receive a request from some of the residents in this area for pedestrian access to the water. Use ir. {Uired where the markers would be placed at this particular site. McDermott stated it is his understanding the Park Commission had agreed to place the flush markers at the four comers of all lake access points, with discussion still to be had on where to place the upnght markers at each particular site. The Park Commission had discussed at their previous meeting the option of placing some upright markers within the use area at some of die lake access sites. McDermott encouraged the members of the Park Commission to gisT some thought to a uniform method for placement of the upright markers. PAGE 9 n RESOLUTION CITY OF ORONO FOR THE DEVELOPMENT OF CLASS 1A NATURAL AREAS WHEREAS, various planed roads within the City of Orono end in the waters of Lake Minnetonka, and WHEREAS, these roads present a management, policy, and development challenge caused by errors of the past and current situations, and WHEREAS, an efficient, workable, expedient, and flexible solution is required, and WHEREAS, it is a top priority of the City of Orono to protect and enhance the quality of Lake Minnetonka NOW THEREFORE, BE IT RESOLVED, that the City Of Orono establish a Class IA natural use area designation as a management tool for selected planed roads ending in the waters of Lake Minnetonka. FURTHER BE IT RESOLVED, that the City of Orono would maintain ownership of the areas. Adjoining property owners, schools, and government would benefit and utilize the areas. Further policy regarding maintenance, management, and existing or future improvements would be decided by the Orono Park Board. SIGNED SIGNED Mayor ATTEST: Chairman of the Park Board City Administrator Dale r. ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 8,2001 5roi mitetiHO QCr 2 2onnt ROLL CITY Ot ORONO The Council met on the above-mentioned date uith the following members present: Mayor Barbara Peterson, Council Members Jim White. Jay Nygord, Richard Flint, and Bob Sonsevere. Representing staff were City Administrator Ron Moorse, City Attorney Scan Simpson. Planning Director Michael Gaffron. Zoning Administrator Paul Weinberger. Zoning Administrator Wendy Bottenherg, City Engineer Tom Kellogg. Public Services Director Greg Gappa. and Reorder Alissa Winlcmheimcr. Mayor Peterstm called the me-*’ng to order at 7:05 p.m. CONSENT AGENDA I. Approvc/Amend Item 12 was added to the Consent Agenda. White moved, and Sansevcrc seconded, to approve the consent agenda as amended. Vote; Ayes 5, Nays 0. 2. Sprint Lease Proposal Moorse stated that Sprint PCS had submitted a proposal to the City regarding a lease of the City’s property adjacent to the Cr> stal Bay Post Office for the installation of an 80 - 100 fool telecommunications tower and antennas. City regulations limit antennas to the water towers in residential areas. Accepting the proposal would require amending City regulations. Staff recommended not accepting the lease proposal Moorse pointed out they w ere only dealing with the lease proposal at this meeting. I le stated Sprint could look for other property and come back with a new proposal. Jaren Johnson was present representing Sprint PCS. Mayor Peterson stated that she was in favor of the staff recommendation. Johnson stated Sprint was looking for direction from the Council. He stated the water towers were ineffective to provide adequate coverage for Orono. City Attorney Scon Simpson staled that the City was not obligated to advise Sprint other than to direct them to work within the current regulations, and to respond to a specific proposal from Sprint. If Sprint fell they could not work w ithin the current regulations, they could pursue other courses of action through the City's zoning review process. I r Miiiittlih 1 r.f f ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 8,2001 2. SpHM Umte Propo%ml—Continued Johnson stated that the two tox^-crs would not provide coverage for the city, and therefore would not be effective for any carrier under the Telecommunications Act of 1996. He stated tiiat the other carriers would be coming before the City in the future, and Sprint was simply the first to have a need for a new tower. Simpson stated the City was not closing the door on Sprint, and would w’elcome future communication to re»)lve the issue. Mayor Peterson moved, and Sansevere seconded, to reject the Sprint PCS proposal to lease City property ’ adjacent to the Crystal Bay Post Olfke for an 80 - 100 foot telecommunications tower and antennas, and directing staff to send a letter to Sprint indicating the City is not interested in pursuing a lease agreement with Sprint at this time. Vote: Ayes 5, Nays 0. APPROVAL OF MINUTES *3. Regular Council Meeting of September 10,2001 White moved, and Sansevere seconded, to approve the Minutes of the Regular Council Meeting of September 10,2001 as amended. Vote: Ayes 5, Nays 0. *4. Regular Council Meeting of September 24,2001 White moved, and Sansev ere seconded, to approve the Minutes of the Regular Council Meeting of September 24,2001 as amended. Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS-IRENE SILBER, REPRESENTATIVE Silber w’os absent. PLANNING COMMISSION COMMENTS—LIZ HAWN, REPRESENTATIVE Hawn was absent. ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 8,2001 PUBLIC COMMENTS None. ZONING ADMINISTRATOR’S REPORT 5. Haiardoas BHiMteg Action—200 Hollander Road—Resolution No. 4699 Moorse stated that on August 28. 2001 an inspection was conducted at 200 Hollander Road to evaluate the home for hazardous building action in rcspoi.ic to neighborhood complaints and the observ ations of on Animal Humane Society agent. Af\cr inspection, staff deemed the building to be hazardous for human iKcupancy. John Hollander, of 200 Hollander Road, slated that he took issue with some of the statements made in Lyle Oman’s report. His long-range plan was to build a new house on the property and sell it. He stated that his brother was in charge of his funds through a trust fund. His brother was in China and they had not been able to reach him for tfuee weeks. Roger Newman, of 14520 H*** Avenue North. Plymouth, staled that he was a building and remodeling contractor working for Mr. Hollander. He was w illing to work with the City to do whatever was needed to bring the house up to code. Mayor Peterson stated she believed the resolution would pass, and asked what Mr. Hollander's next step would be. Moorse stated Mr. Hollander would meet with the City Building OfTicial to determine what was needed and an acceptable time line for repair or removal of the house. If the requirements were not met. then the City would move to district court for recourse. Hollander stated that his house was built in 1857 by Samuel Lydiard. who founded the township of Orono and designed Highway 169. Hollander indicated he is currently living in a motel. He askc*d if hw would have to come back before Council if he had a disagreement with Oman. Ma>*or Peterson stated that he had 20 dava to come up with a solution with the Building Official. While moved, and Sansevere seconded, to approve Resolution No. 4o99 flnding a hazardous building and requiring the securing and repair or removal of the residential structure at 200 Hollander Road, Orono. Vole: Ayes 5, Nays 0. ORONO CITY COUNCIL MELTING MONDAY, OCTOBER 8,2001 6. Amendment to Animal Regnlationi Gaffron stated that there is currently no ordinance restricting the number of cats allowed on a property. Other metro cities allow 4-5 cats without licensing. ITtc proposed ordinance would amend Orono ’s current “Dog Regulation and Licensing*’ ordinance by additionally regulating the number of cats that can be kept on a residential property. Staff suggested that 10 cats per property may be an appropriate number, and that Council might consider an amendment that would require a kennel licen.se for over 4 or 5 cats. I le stated that the ordinance would include cats owned, harbored, fed, boarded, or kept on a residential property, lie also stated that it was not a zoning ordinance, and therefore was not subject to the Planning Commission review or hearing requirements. Sansevere stated he did not mind requiring u kennel license, but was not in favor of a cop on the number of cats allowed. Flint slated he favored the staff proposal to require a kennel license for over 5 cats. Mayor Peierstm staled she was in favor of treating cals the same as dogs. Hollander stated that according to a Minitesota statute, the Council could not verbally change oa ordinance pending his district court decision to keep him from getting his cats back. He also stated that there was a Minnesota statute that includes a formula for how many cats arc allowed in a space, and according to that formula, his garage was not overpopulated with cats. He also requested the matter be tabled until his attorney could be present to represent him. and stated he was not notified the issue would be on that night’s agenda. Simpson slated that Judge Alton would not be considering the overpopulation is.suc. only if the cals were properly cared for in terms of health and safely, so the finding would not affect the ordinance before Council. Hollander asked where he could keep his cals if they were relumed to lum. He slated the court action was to detcmiine if the seizure of his cals w as legal. Simpson stated the City had nothing to do with the sei/ure of his cals. He also slated the ordinance did not address Mr. Hollander ’s situation, and w^ not directed to him. Jacivn Ricks, of 2108 Sugarwoods, pointed out that if Mr. Hollander got his cats back, he would simply have to apply for a kennel license. Paul Druer, of 275 Hollander Road, stated that he wondered why a building that was obviously not up to code for years was allowed to remain so for so long. He stated the code applies to eveo'onc and is non-ncgotiable, yet residents have wanted action taken 6. Amendment to Animal Regulations ORONO CITY COUNCIL MLETING MONDAY* OCTOBER 8* 2001 6. Amendment to Animal Regmltiomi—Comtimmed against Mr. Hollander for >’tars to protect their rights in the neighborhood, lie also stated Mr. Hollander had hoarded the cats. Walter Erikson. of 335 Hollander Rood, staled the pets were out of control. W’henevcr one hit by a cor rotes appeared Li neighbors* mailbo.xes trying to find out vsho hit the cat Mr. Hollander oiien had to trap cats to remove them from his properly. He stated he assumed the kennel license would include guidelines for the proper care of the animals. Lorry Newman, of 225 Hollander Road, stated Mr. Hollander had been treated os an exception to the rule, that his behaviors exceed reasonable limits that wrere acceptable to the neighbors. Molli Mckeever, of 215 Hollander Road, stated she has seen dead cats in the >ord and on County Road 76, and was concerned for the hcalili of neighborhood children. They have to apply and pay for permits to remodel and keep their homes up to code. Mr. Hollander should have to as well. Jim Poddon, of 260 Hollander Road, staled the situation had gone from had to w*orse. He had to close his car windows when driving by Mr. Hollander's place because of the animal stench. He stated he has seen cats on his property with broken legs. Kay Marine, of 235 Hollander Road, stated the neighbors liad all been truthful in their teporti, and she had nothing to odd. David Kelsey, of 205 Hollander Ri>ad, stated that he also had nothing to add, but asked Council to respond to their concerns. Hollander presented an approval of the subdivision of his property from 1986 that slated non-conforming permits were not required for his accessory structures, though it was not relevant to the discussion concerning his cats. White stated he felt die City was obliged to require kennel licenses for cats. Mayor Peterson favored requiring a license for over 4 cats. Nygard asked if they should cap the number of cats allowed. Gaffron stated other cities did not cap the total allowed. Sansevere stated he was opposed to limiting the number of cats allowed. White moved, and Mayor Peterson seconded, to require a kennel license for over 4 cats kept on a residential property with no more than 10 cats allowed. ORONO CITY COUNCIL MEETING MONDAY, OCTOBER S, 2001 6. Amendmeitt fo Animat RegulatioHs—Contimied Sansevere stated the number of cats allowed on a property could be reviewed on a cose by case basis. Flint agreed that the number could be set for each case at the time of licensing. ^^Tiite asked who would review the kennels. Moorse staled the Community Ser\ icc Officer inspects kennels yearly. They would have to review the kennel requirements to address cat specific problems. Gaffron stated they would need a clear set of rca.sonablc criteria to include in the ordinance. White amended hb motion, and Mayor Peterson seconded, to require a kennel license for over 4 cats w ith no set limit on the number of cab that w ould be allow ed. Vote: Ayes 5, Nays 0. Mayor Peterson staled the Council had conceptually approved the ordinance and the final ordinance would appear before Council at the next meeting. Hollander and his neighK^rs asked to receive a copy of the ordinance before the next meeting. 7. Mll-2702 Brcnshcll Homes, 3551 Livingston Avrnui Resolution No. 4700 -Renew al N'ariances— Uuttenberg stated that the applicant was requesting a renewal variance to construct a new house on a lot he had purchased. The previous house and shed were demolished. She also stated the applicant had provided stafT with all information they had requested. Steve Bchnke of Fine Line Design Group was present to represent the applicant. He stated Brcnshcll Homes owned the lot, and he was the builder. The house would be several hundred square feet less than what was allowed, so it would not max-out the site. Mayor Peterson slated that the drainage issue wns of concern. Karen Cuff, of 3572 Livingston Avenue, asked if she would be at risk of being fIiH>dcd when the new house is built. She hud built a new drainage s\stem on her property, and had spent $40,000 in the last 12 years because of drainage issues. She has to dig out soil every 3-4 years because of the run-ofl'into her yard. She staled the hardcover on the lot would be tripling with the new construction. Kellogg stated that 6 ” of rain in a 24 hour period is considered the standard hundred year event. They found that run-off from the new construction would occur in such small ORONO C ITY COUNCIL MELTING MONDAY* OCTOBER 8* 2001 7. Mi-2702 BremskeU Hornes^ JSSt Livingston Avenue—Renewat I'arlances— Kesointkm No. 4700—Continued Gappa staled that 5 acres of land above Cuff s property drain through her >-ard. Ilie lot in question is 0.1S acres out of 5 acres, so the added run off from that lot would be such a small portion of the total so as not to be noticeable. I le staled a ditch had been installed some years ago. but it requires periodic maintenance to be effective, or a pipe could bo installed. Mayor Peterson asked Ms. Cuff if she could get support from her neighKirs to install a storm sewer sv^tem. Cuff stated that her neighborhood is full of starter homes and it would not be cost effective for most of the residents to pay for a storm sewer system. Mavor Peterson asked if the changes she had made worked. Cuft'replied Uiey had redone the basement with e.xtra supports, commercial drain tile, a commercial pump system, and two genciator back-ups. Ihey had also installed a swale, fhey have spent a lot of money to protect themselves from flooding. She asked if die small amount of extra run-off from tlie nv’v house caused flooding on her property, would she have any recourse. She also stated the catch basin is inadequate. Gappa stated the catch basin has no outlet, so in the case of tug ev ents, it fills up and runs over. Cuff stated that public water is running through a private drainage s>'stcm. Flint stated that the house that was removed from the lot was 740 s.f. llie proposed house would be l.lOO s.f. Gaffron stated the lot allows fur a 1,500 s.f. strueture. or less. In this case, they concluded the drainage was properly directed and the construction would not produce enough additional drainage to have an effect on the neiglibors. Cuff again asked if she would have recourse if she were fliHHled. WTiite responded she would have to show that it was the City's: respvvnsibilitv. Cuff stated the developer had previously olTered to construct a holding pond. Behnke stated that the developers made the ofl'cr before seeing the numbers on the run-olT their construction would produce. He stated a holding pond would not be cost elTective for so insignificant an amount of water, lie added that the currently vacant lot would have gross and a resident to maintain the yard, which would help slow down run-off. White moved, and Sansevcrc seconded, to adopt Resolution N'o. 4700 granting variances to Municipal Zoning Code Section I0.2S, Subdivision 6(B) to allow the construction of a new single family residence on a lot of 0.15 acre area and 50* w idth w here a 0.5 area and 100* width are normally required. Vote: Ayes 5, Nays 0. ORONO CITY COUNCIL MEETINC; MONDAY, OCTOBER 8,2001 8. 82640/41 Duahar Doelopacat. Inc^ 2060 Wa>^ata Bouloard>-nnal Plan Ro’icw—vSlatai Update GafTron stated that the Dunbar senior housing/ofllce building project approNiil process was nearly complete, and final Council actions were scheduled for the October 22 meeting. The senior housing unit was proposed as Phase I of the project, and construction would start late this fall. 11ie office was proposed as Phase 2, and construction would likely begin sometime in 2002, HUD financing had not yet been approved, so the developer had pursued a private underwriter for the senior housing revenue bonds. The City would acquire the land for $1.00, and lease it back to the developer for SI.00 per year for 99 years. Park and utility collection fees would be deferred for as long as the property was used for senior housing. Because the interest accrued on the deferred fees would come to $160 million at the end of 99 years. GalTron suggested the Council might want to consider other options. The watershed distriet approval was pending and should happen on CXrtobcr 25. Ihc Met Council approval should come on October 24. As part of the TIF financing, the City would be responsible for a number of oR-site improvements, such as: street lighting, sidewalk improvements, turn lane improvements, installation of the semaphore, and a minor upgrade to the sewer liR station. Frank Dunbar stated they were looking forward to starting construction on the senior housing in early November. They needed the zoning issues and the leasing with the City completed in order to continue with the under\Miting process. He had not withdrawn the HUD application, but HUD processing was moving too slowly. He stated the project had not changed since it was lost presented to Council. Dunbar passed around samples of the building materials to be used on the senior housing building. He will be using a new concrete siding product, and passed around on article on the siding. In terms of site work, he noted they w ill first nstall the silt fence, and take down all the trees south of the fence. The roof should go on in April or May. The building will be ready for occupancy next October They were hoping to save some of the trees to screen the building from the Brow’n/12 intci :ection, but Mn/DOT has required them to move a sewer line, which takes out the trees they were hoping to rnve. nic downed trees will be replaced with 8-10* trees. Dunbar stated he would meet with neighbors on-site to discuss landscaping issues before starting construction. He stated the office market was down. They had no big users lined up to move into the office building. They had a request to build an assisted living complex on that site. He stated that if he has to pay the full amount of deferred fees at the end of 99 years, it would affect his financing and rent rates at the present time. He had signed a contract with Miller Johnson to sell bonds to finance the site before the company received bad press. They assured him that the issue was not serious and was w ith their clearinghouse. ORONO CITY COUNCIL MEETING MONDAY, OCTOBER B, 2001 & U264€/4i Dmnbmr Devehpmemt, Inc., 206$ H’ayzMin BomletmnI —Final Plan Review—Statmt Update—Continued not their office. Dunbar staled he was willing to go through with the contract. Mint asked what wt)uld happen if the bonds don ’t sell. Dunbar stated he would pursue HUD financing and the project would not start until next spring when he receives his funds. Gafiron staled that the last 5 years of the 25 year Til- period would repay the City for the deferred fees in the project. Dunbar slated that he would have affordable housing for the 25 year TIF period. Lorraine Kalcy. of 1395 Drown Road South, asked for clarification on the affordable housing. Dunbar stated the affordable rent w-ould be determined by HUD. Under current rules, the residents’ income could not exceed $37,000 per year and their rent for a one bedroom would be $616 per month. Without the affordable rate, a one bedroom would rent for $925, and a two bedroom would rent for $1010. Of the 62 units, 12 w ill be affordable housing for 25 years. Sanseverc a.skcd if they had set up a priority for Orono and Long Lake residents. Dunbar stated that current Orono residents would receive first priority, people with family in Orono would receive second priority, and former Orono residents would receive third priority. Sansevere stated he would like them to give priority to long-time City employees. Randy Hogan, of 2103 Sugarw oods. stated he w ould like trees kept at the back of the property to screen the development from SugarwtHxls residents. Carl Berg, of 21II Sugarwotnls, staled he has been .satisfied with the information supplied by Dunbar, but asked if the project had been moved to the north. Dunbar stated it had not been moved. Berg asked about the break point in the roof contour. He was concerned about the third floor wrapping around the comer, and that the residents of unit 313 would be able to sec into his home. Dunbar slated the line had not changed since he first removed 8 units from the third floor. He slated he was willing to move the balcony or put in a bay window on that unit, but could not remove it. 1 le restated he would meet w iih the neighbors on-site to discuss the landscaping. Berg staled one of his neighbors had a buyer for his house back out of the deal because of the upcoming construction. Dunbar stated it was very important that final approval be given at the October 22 meeting. Lorraine Kalcy, of 1395 Brown Road South, asked if there was a number of alTordable housing units required by law in Orono. Gaffron stated there was no set limit, but a goal of the City’s is that a portion of each new project would be designated affordable. Kalcy ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 8,2001 & (H649/41 Dmmbar DevehpmeHt, /nc., 2060 W^yzaUi BotUevard^-FUtai nan Review—Stmtm Update—Comtmutd asked about ADA accessibility. Dunbar stated all units are accessible, with 5% of the units completely handicapped usable. Jaclyn Ricks, of 2108 Sugorwoods. asked if they could save any of the uces. Dtmbar stated they wouldn ’t survive the construction shock and would all die within a year. Flint asked about bathtubs in the units. Dunbar slated they will be step-over tubs with hand-holds, except in the handicapped units, which would have n>ll-in showers. All two- bedroom units w ill have a tub and a walk-in shower. Gaffron summarized by stating that they had discussed the site plans, he would make sure the TIF agreement included a statement giving City stall* priority at the housing complex, on the issue of deferred fees the City would pay itself back during years 21 - 25 of the TIF, and fmal approvals should happen on October 22. Carl Berg come before the Council and stated he was interested in building a 10,000 - 12,000 s.f. medical/dental facility on the land due si>uth of the City ofTIces. I le asked if Council had considered their proposed concept and if he should pursue a formal proposal for the development. Moorse stated the Council was supportive of th.' concept, but the development would need to set the tone for Kelley Parkway. *9. Ml-2688 Kirt Woodhousc, 1780 Shorctinc Drive—Lot Line RcarninKcnient— RL.S Approval—Rcsolutkm No. 4701 White noved, and Samcvcrc seconded, to adopt Resolution No. 4701 approv ing the registered land survey of a lot line rearrangement located at 1780 Shoreline Drive. Vote: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT White suggested the City needs some kind of historic preservation ordinance to help preserve areas or prevent certain developments. PUBLIC SERVICE DIRECTOR'S REPORT None. ORONO CITY COUNCIL MEETING MONDAY, OCTOBER i, 2001 CITY ADMINISTRATOR ’S REPORT 10. Schedule Work Sessions The Work Session utb scheduled for Friday, October 19, from 8:00 - 11:00 a.m. II, Schedule lIRA Meeting The meeting was scheduled for October 22, after the City Council meeting. Moorse stated the ISTEA grant application wus not successful. They were working with Mn/DOT on the trail from Willow Drive to Holbrook Park, the trail from Old rr>-stal Bay Road to the Carlson property, and a trail from County Road 6 to the Lurton properly. Mn/DOT wt)uld probably provide the right-of-way and grading. Moorse passed out copies of the Minnetonka Beach Comprehensive Plan for Council to review. The Minnetonka Beach City Administrator has requested a meeting w itli him and the Mayor to discuss the Dakota Roil with the Met Council. He suggested Gabriel Jobbour or Flint should be present at the meeting. Moorse asked if there was interest for council photo ID’s for visiting properties. CITY ATTORNEY ’S REPORT None. *12. LICENSES HOME OCCUPATION LICENSES 1.L.A. Pilgram, D.C. (Chiropractic Office) LeRoy A. Pilgram, D.C. 1795 Shadywood Road Navarre, MN 55392 Nails by Ginger (Nails) Ginger Scott 2620 Kelly Avenue Excelsior, MN 55331 Waldron Law Offices, Ltd. (Law Practice) John B. Waldron 1951 Concordia Street W’ayzata,MN 5539! luJ r ORONO CITY COUNCIL MEETING MONDAY* OCTOBER S* 2001 William Lewis Web Development* LLC (Web Developer) William Leskinen II25N. Willow Drive Long Lake. MN SS39I Bruce C. Mathison (Furniture Repair) S South Brown Rood Orono.MN 55356 Paulette Pickard Sturmans (Massage Therapy) 550 Orono Orchanl Road Wa>'zata. MN 55391 GAMBLING PREMISES PERMIT RENEWAL—RESOLUTION NO. 4702 National Multiple Sclerosis Society. MinnesoUi Chapter Narrows Saloon 3380 Shoreline Drive *13. BILLS White moved, and Sansev ere seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. ADJOURNMENT The meeting was adjourned at 10:10 p.m. ATTEST: Linda S. Vee. City Clerk Barbara Peterson, Mayor li ncrrrJN<'’ OCT 2 2 2001 CITVOf OHONO TO: Orono City Council Ron Moorse. City Administrator Mike Gaffron. Planning Director Greg Nybeck, Executive Director LMCD (via dmail) FROM: Uli McMillan. LMCD Repiesentative RE: Proposed ordinance DATE: October 16. 2001 Tbe LMCD has Started the review of an ordinance prohibiting the use of motorized watercraft on certain parts of Lake Minnetonka. Since one of the areas in the proposed ordinance is located in the dty of Orono (Long Lake Creek). I would like your thoughts on the potential impacts. The ordinanoe (see attached) has been crafted for the various reasons; •minimize environmental impact in these sensitive waters. Due to the shallowness and extensive vegetation in these areas, there exists more potential for disturbance of water quality and wildlife through prop-dredging and noise produced by motorized watercraft Stirring up the bottom of these creeks unleash sedimentation which is of concern for these tributaries move water into the surrourxiing bays. •^serve passive areas of recreation on the take. These areas rx)w are often frequented by kayakers, canoeists etc. who seek a quiet experience on the lake. expanded wateraaft use of these tributaries ite which could aeate the pressure for Presenfly, the Long Lake Creek Is rather restricted to watercraft due to the railroad trestle at the entrarx» to Tanager Lake. Because this proposed ordinance might be viewed as effecting possible ridMOlT rights, I am looking for guidance on how to proceed with this.sibleridMoiT U^IUt6UMie DRAFT -2^:^ ^-*7 LAKE MINNETONKA CONSERVATION DISTRICT STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE PROHIBmNG THE USE OF MOTORIZED WATFJICRAFT ON CERTAIN PARTS OF LAKE MINNETONKA; ADDING NEW SECTION 1.02, SUED. 28 AND NEW SECTION 3.021. THE BOARD OF DIRECTORS OF THE LAKE MINNETONKA CONSERVATION DISTRICT ORDAINS as follows: Section I. LMCD Code Section 1.02 is amended by adding new Subd. 28 as follows, and renumbering the remaining subdivisions thereof acooidingly: Subd. 28. **MotOfboat" means anv watercraft propelled in any manner bv machinery including ^^>^tcTcimfl temporarily eouipned with detachable motors. Section 2. LMCD Code b amended by adding new Section 3.021 as follows: Section 3.021. Use of Motoffaowts Prohibited, Subd. I, Prohibition. No person, other than authorized law enforeement personnel or governmental resource management pcisonnel in performance thrir duti<»<p, shall operate a motorboat using propulsion hy n)^hinerv in anv of the following ir^s,_as jiclineated bv sions. markers, buovs. or other gjds Iff gatiyatinn placed bv the County or the District: a) h) cj Sections. Six Mile Creek from the mouth of the creek (located at a line between Latitude 44” 54.844* North. inngituA* 07«» a? West and ^ 54.831 * North. Loniatude 93° 42.138’ West! upstream to the contour line at elevation 929.4 NCiVD Painter’s Creek west of Comuv Riyid IIQ unstn^ pontour line at elevation 929.4 NGVD. Long l^e Creek from the m: uth of the creek, located at the railroad trestle. ^ upstream to the contour line at elevation 929.4 NOVD This ordinance shall become efiective the day following its publication. Adopted by the Lake Minnetonka Conservation District Board of Directors this __________,2001. Beit Foster, Chur CLL.20l645y| UCII04 I 4a00 440. Q 4000 Q 38^^3200 C 2600 p 2400 Q 2000 PI itfOO I tibO J City of Ofono, Minnesota Street Numbering Index Map urtS- fes* iSii txxaaL w. i aee tt»t ^ «m m»t ?. i m t.*! fsi •■••• e»^e.«e»Mi^aM M«. •>.«et 4M i^»e» AGENDA FOR COUNCIL MEETING SET FOR MONDAY, OCTOBER 22,2N1,7:00 PJ^ ORONO COUNCIL CHAMBERS, 27S0 KELLEY PARKWAY, ORONO, MINNESOTA (*) AjieriA tent IK coosidcnd to be rootiDe tens to be aMded opoa by one nodoo by the City Council indcrtheCoaseailiem*ooibeefeade. Memoe icferdiag each of ibe Acends tens ere eveiUMe in the Publie Packet'located 00 the oouDternev the sifn In sheet' ■< ROLL CALL COMMrti MjjrnNQ OCr 2 2 2001CONSENT AGENDA 1. AppiovQ^Amead PRESENTATIONS 0f\ONQ 2. Selty KnetMHcke, I^ MilllMteaiM CammtwlfeHnm rnwiileeU,. - PTffpfftfd Bndtrt 3. Dr. Pam Meym, Westooka School Distikt • Inlbnnetioo Reterdti^ Rderaodum Electiofi 7:00 PM. 4. Foot Lake Laodii« Public Ri|ht-or-Way APPROVAL OF MINUTES * S. Regular Co«acalMectii« of 0(Dber 1.2001 PARK COMMISSION COMMENTS - Pauline Bouchatd. Representative PLANNING COMMISSIOr* COMMENTS • Bill Sioddaid. Repreaenalive LMCD REPORT • LUi McMillan PUBLIC COMMENTS • (Lfaalt S Mlaatcs Per Pmon) ZONING ADMINISTRATOR'S REPORT * 6. #2600 Briaa Kerter, 740 Orcheid Park Road - Amendment to Vatiapec Approva l 7. #2640/41 Duaber Dev eloproeot. Inc., 2060 Wayiaa Boolcvartl - Final Plan Approval * t. i01-:707 Rob Eddington and Mark Larsoa Hill Street •Vacatioa* Resolution * 9. #0!'2710 Donald end Joanne Davidson. 361 Keoie Avenue* Variances'Resolutioo 10. #01*2714 FrederickPuzak. 1340 Baldur Park Rood* VaianceS'ReaoiBlioa 11. #01-2711 * 12. #01*2719 Jodi and David Dalvey. 1320 Bote'aPnimRoad* Vtotetoe-Reaolnioo * 13. #01*2720 Craig and Bev Miller. 1325 Shoreline Drive-Vtoinee-Resolotkm * 14. #01*2721 Walter Holm, 1130 North Shore Drive West* Variance-Resolulion * Chiropractic Clinic. 3100 Shoreline Drive-Commercial Site Plan Review 16. #01*2725 RobcrtHowells. 1423 Park Drive-Vartesce-Rseeladon 17. #01*2727 Maty nd Joe King. 142 Chevy Chne Drive-Vvinca-Resohatoa II. #01-2721 WUlten and LnaaStoddwd. 4365 North Short Drive-Vnimees and Cooditloaal Use Permit * Resolution 19. Amendmmr ra Aniiiial AGENDA POR COUNCIL MEETING SET FOR MONDAY, OCTOBER 22,2001,7.’90PM ORONO COUNCIL CHAMBERS, 2719 KELLEY PARKWAY, ORONO, MINNESOTA MAYORKX3UNCIL REPORT PUBUC SERVICE DHtECTOR’S REPORT 20. Request for Final Payment - 2000 Lift Station Project 21. EjdenaloonfKcnne^ County Electronie Properly DetahaseAneaneiit-RaaolBlIaa 22. Schedok Public Henrii«Rcgndit«Slornwaicr Utility CITY ADMINISTRATOR'S REPORT 23. Amend Program for Deferment ot Special Assessments for Persons 65 Years of Age or Older • Rcaohaioo 24. Renewal of the City’s Partidptoiaoin the Uvable Communities Propam-Resolulio025. CertiScadoo of Deliiwueol Utilities end Oeaeml Servieg 26. Reptacemeat ofAnalog Telephone Lines with T-1 Line CITY ATTORNEY’S REPORT COflw/'h McpTlNQ (CoBscal Agcndal 2 2 2001 REQUEST FOR COUNCIL ACTION OflONQ DATE: Ocu>bcr 18.2001 ITEM NO.: (/? Department Approval: Name Paul Weinberger Title Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: «2600 Brian Kerber 740 Orchard Park Road Amendment to Variance Approval UstorEshibits A Resolution No. 4505/Silc Plan • Approving Variances B Elevation View of the ^ole Bom Review of Request The City Council approved a variance to permit the propcrt> owner to construct a pole bam on the properly and relocate the e.xisting 22’ X 24* detached garage on the property. The location of the garage required a variance because the setback to the street would be 72.9* from the front property line. Construction of the pole barn is scheduled to begin. Prior to beginning the pole bam the property owner contacted moving companies to relocate the garage because the garage is located where the pole bam is to be constructed. It was determined b> the mover and property owner the garage is not in a condition to handle a move. ITe property owner has proposed to replace the garage in the approved location. The garage would be of equal size and dimension as the existins garage. The new garage is proposed to be constructed w ith materials that would be architecturally harmonious with the pole bam. A copy of the building elcvatioiu for the pole bam have been attached. Staff Recommendation Staff recommends the Council approve by motion the amendment to tlie variance approval to permit the property owner to construct a new garage rather than relocate the existing garage. The garage would be constructed in the approved location, with si/e and dimension the same as the existing garage. COUNCIL ACTION REQUESTED Motion to approve the amendment to the variance to permit construction of new garage rather than relocating the existing garage. Hu kii CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 V " A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (Q AND SECTION 10.03, SUBDIVISION 9 (D) FILE NO. 2600 WHEREAS. Brian J. Kcrbcr, (hereinafter "the applicant") is owner of the property located at 740 Orchard Park Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 15. subject to road, Orchard Park. Hennepin County. Minnesota (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City* of Orono Zoning and Planning C jdes, the Orono Planning Commission held a public hearing on July 17.2000, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 9 (C) to permit construction of a 2,160 s.f. pole bam (60’ X 36') where 2.000 s.f. is allows, and Section 10.03, Subdivision 9 (D) to permit the existing garage to be relocated on the property 72.9’ from the north property line where IOC is required. NOW, THEREFORE, BE IT RESOL\'ED by the City Council of Orono, Minnesota: FINDINGS I. This application w*as reviewed as Zoning File #2600. Page I of 6 GlTYof ORONO RESOLUTION OF THE QITY COUNCIL NO. This property is located in the RR-1A Zoning District, where 5 acres is the minimum lot area. The property consists of approximately 4.8 acres allowing a 2,000 s.f. oversized accessor)’ building and a total aggregate of 4,000 s.f. for all accessory buildings on the propert)*. 3.The Orono Planning Commission reviewed this application on April 17,2000 and recommended approval by a vole of 3 to 2. The Planning Commission made the following findings of fact: A.The property is located in the S acre “rtiral” area of the City along County Road 6 and Orchard Park Road. There are two adjacent residential properties. Neither of the buildings would be fully visible to adjacent properties, and would not be visible to the propert)’ to the south based on the mature trees between the lots. The house, across Orchard Park Road, is blocked from view to much of the applicant s property by mature trees along the road. B.Relocating the garage to another portion of the property would not be possible without replacing the septic system, which is depicted on the site survey. The existing s>'stcm has been determined to be non-compliant due to the 3’ separation to the water table, however it is not required to be replaced until 2010. Additional testing has been completed to locate a future primar)* and secondary’ site on the west side of the propert)’. Staff has confirmed the location of the septic tanks and drainfield restrict the property from allowing construction of a pole bom behind the house. South of the drainfield, the property drops off and is v ery low , the water table and drainage would be a concern. This would also require extensive regrading and construction of a ver> hng driveway to the rear of the property. The existing drive would provide access to the pole bam. This docs require the removal of a two stall garage which has recently been renovated with a ne’.v roof Page 2 of 6 irfAnJki GlTYofORONO RESOLUTION OF THE CITY COUNCIL 4 5NO. 5.The City Council finds ihe building size required is consistent with the intended use of the building. The applicant has stated the reason to construct a building with a minimum size of 36 feet wide by 60 feet in length is necessary- to permit storage of a 56’ truck and trailer used for a pri\*ate business. Without the additional length and width it would not be possible to park the vehicle indoors. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air, nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application Including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, OPJ)ER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section Section 10.03, Subdivision 9 (C) to permit construction of a 2,160 s.f pole bam (60’ X 36’) where 2,000 s.f. is allowed, and Section 10.03, Subdivision 9 (D) to permit the existing garage to be relocated on the property 72.9* from the north property line where 100’ is required. Approval is suHiect to the following conditions: 1.Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A, completed by Advance Surveying and Engineering Co., dated June 21,2000. /jiy amendments to the site plan may require further Planning Commission and City Council review. Page 3 of 6 GITYofORONO RESOLUTION OF THE CITY COUNCIL NO. 4 5 0 5 The height of the pole building shall be in accordance with the provisions of the Munici^ Zoning Code. A restrictive covenant shall be filed in the chain of title alerting future proper^ owners of the restrictions that apply to oversized accessory structures. Property owner agrees to limit the accessory buildings on the property to one 36' X 60' pole bam and one 22* X 24 ’ garage as shoN^n on the site plan attached to this resolution as Exhibit A. 5.Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit wthin one year of the date of Council approval, or this variance will expire on that date (August 14,2001). 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 terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of tl..* 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 14th day of August, 2000. .ATTEST: Linda S. Vee, City C. *rk Gabrie^Jabbour. Mayoi\ U'\ Property Owner (s) Page 4 of 6 GlTYofORONO RESOLUTION OF THE CITY COUNCIL NO. a .H 0 5 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument u'as acknowledged before me on this 14th day of August, 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 CiQr. m NBaHSTUttMN ■MVPUBC STATE oi-’WIWffiSSUT7\ ; ) M COUNTY OF HEN'NEPIN ) //^ y //yjc /?;■ .Jtuiv/am Notary Public day nf 2000, before me aNot^ Public within and for said County, personally appeared A//;*/ /-VjU. On this known to me to be the person(s) described in and who executed the foregoing instrument, and I hlllUjLillllHl lTlI I) ~"1T same as his (their) free act and deed. tamuTumw . \l' L ! } I U1 -> ~) Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this,day of.2000, before me a Notary Public within and fc * said Count)-, 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 S of 6 jy -JsJKiNiMRiiilaiiiililiiiifl < u 5 S > •: M (Wm H»«/, h««« w» Umi ■ !• Mk tkt nmm *( fnfntr -,-'• — —.........."■* ORONO CITY COUNCIL MEETING MONDAY, AUGUST 14, 2000 4. U2S99 Bob and Wendy Beutler, 684 Tonkawa Road—Variances—Resolution No. 4S04—Continued Flint moved, and Sanscvcrc seconded, (o approve Rcsotufion No. 4504 granting variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit new residential construction on a 0.68 acre lot where 1.0 acre is required and having a lot width of 85 feet where 140 feet is required, and Section 10.56, Subdivision 16 (C)(6) to permit a 12 foot encroachment of the average lakeshore setback where no encroachment is normally allowed. Vole: Ayes 4, Nays 0. *5. It2600 Brian Kcrber, 740 Orchard Park Road—Variances—Resolution No. 4505 Flint moved, and Sansevere seconded, to approve Resolution No. 4505 granting variances to Municipal Zoning Code Section 10.03, Subdivision 9 (C) to permit construction of a 2,160 square fool pole barn (60* x 36*) where 2,000 square feet is allowed, and Section 10.03, Subdivision 9 (D) to permit t c existing garage to be relocated on the property 72.9 feel from the north prop. ,y line where 100 feet is required. Vote: Ayes 4, Nays 0. 6. «2602 Thomas and Jennifer Grahnni, 1065 Tamarack drive—Prcliminan' Subdivision—Resolution No. 4506 Thomas and Jennifer Graham, and Jolui Graham, son, were in attendance. Weinberger stated that the developed 5.1 acre lot is proposed to be subdivided to create a 2.0 acre building site north of the existing house. Both proposed lots meet or exceed standards of the Zoning and Subdivision Codes. Hennepin County requested additional right-of-way for trail purposes along County Road 6 that would require about 10 additional feet of right-of-way and would be dedicated on the final plat. The final request from Hennepin County was 50 feet from the centerline of County Road 6. An issue discussed was the future use of the accessory building, a bam currently used for equipment storage, located on proposed Lot 1. The applicants have requested that the accessory building be allowed to remain after the lot is subdivided as long as the tw-o properties remain in conmion ownership. The applicants have stated they would agree to file a covenant on the chain of title alerting future property owners a time limit would restrict the length of time the building would be permitted to remain on the property once the lots arc no longer under comm?>t. ownership. The Plaiming Commission recommend d that the bam be removed or a residence constructed on Lot 1 within 18 months of recording the final plat, regardless of 1 iMii jUift; RKQIIKST FOR COUNCIL ACTION COj/W^n McpTlNQ 2 2 2001 cityoFoaoMo Date: October 1 9. 2001 Item No.: ^ l>rparlmcnt Apprmal: Name: Michael P. Gallron Title: Planning Direclor AAdministrator Approval:Agenda Section: /ofiing Item Description: #2640/2641 Dunbar Development Corp.. 2060 Wu>‘2ala Ulvd. • Final Council Approval List or Exhibits A • Res4»Iution 4619 (Concept Plan Approval adopted March 12.2001) B - (For adoption) Preliminarv' Plat Approval Resolution C - (For adoption) General Development Plan & Final Plat Approval Resolution D - (For approval) PUD 2A (Office) Developers Agreement F - (For approval) PUD 2B (Senior Housing) Developers Agreement F • (I'or adoption) Rc/oning and PUD No. 2 Ordinance G - (For approval) Development Agreement (Senior Housing lemis & Conditions) F.xhibits I'oUhcoming: II - (For udoption)Resolution Approving Issuance of Senior Housing Revenue Bonds und^ Authorizing Execution of Bond Documents and Development Agreetncnt 1 - (For approval) Bond Documents (Will be distributed or summarized by Steve RosEoIlal Council meeting) On OctoK'r 8 Council reviewed the final plans for this project including llotir plans and elevation views, landscaping plan, grading'road'drainage and utility plans, and the signage plan. Wally Cicso of DSII luLs rev iewed the landscaping plan, and his comments are expected K’fore Monday’s meeting, and vv ill be incorporated into the approval documents. C'ouncil also rev ievved the deferred fees situation and concluded that the deferrals would be recouped through the la.st 5 years of I IF proceeds rather than being an obligation of the developer at the end of‘>9 v ears. As of the October 8 Council meeting we hod anticipated approvals by the MC'WI) and Met Council would be forthcoming within a few days after the October 22 meeting, and Council acknowledged that final approval co tid be granted contingent on those approvals being received. Met Council is still on track for approving our Comp Plan at their October 24 meeting, on their Consent Agenda. Their drafi staff report appears to hold no surprises that I can discern. MCWD approval has, however, been rescheduled for November 8. The infonnation we have received to dale suggests MCW'D doesn’t have any issues which would cause any site plan or platting revisions. Also, the minor concerns raised by MnT)OTiippear to be resolved, and Dunbar expects a letter from MnDOT confirming tin., will be in our hand shortly. Staffrccommctuis thatCoundl's apjnovalonthc 22m! he conJitioncit on staff canfinnatinn that all approvals arc completed before the plot and development documents will he released for fding (as well as Clerk eertificatu.n and puhlication of the rezoninii ordinance) ^2640/2641 Dunbar Development Corp. October 19.2001 P0Bc2 DOCIIMF.NTS Following is an updatc/review of each of the final documents Council is requested to approve on October 22: Resolution: Hreiiminan- l*l«t Approval (Exhibit B). This diKument lias been considerably revised since the October 8 version to streamline it, to incorporate by reference the findings and conditions of the General Concept Plan Approval Resolution, and to detail the specific submittals required for Final Plat approval. Council will be asked to adopt this resolution prior to the Final Plat app.nval resolution. Resolution; Approval of (General Development Plan A Final Plat (Exhibit O. This Resolution documents tlic process and agreements that have resulted General Deveh'pment Pl;ui approN al and Final Plat approval, and grants those approvals subject to the referenced agreements. Tliis document has changed only slightly since the prior version (mostly filling in blanks). PCD 2.\ Agreement (Office) (Exhibit D). Tliis document has been sligmly re\ i.sed since October 8 to relleet that final plans have yet to be .submitted, l-xeciition of this agreement commits the developer to the ofl ’ice building as preliminarily proposed unle.ss the PlID Agreement is amended. pen 2H Agreement (Senior Housing) (Exhibit E), This Agreement diKumcnts the conditions of approval for development of the Senior Mousing site (Phase I). It establishes approval conditions for the specific site plans, building plans, landscaping, grading, access, lighting & signage, etc. It also documents the use of I IF funding and the City's intent and conditions regarding the duration of the Senior I lousing use. The agreement establishes City or Developer responsibility for various aspects of the development, and requires a Letter of Credit prior to issuance of building pemiits. It has changed only slightly to reflect the change in the agreement regarding deferred fees. Ordinance; Rc/onine. PCD Documcnlation (.Add 10.53 Subd. 9) (Exhibit F). This document has not changed since October 8. Development Aurcement Relating To Oronn Woods Apartments {Exhibit 6T. This is the primary agreement between the City, the HR.\ and Orono Senior 1 lousing l.LC that establishes and diKuments the v.irious financing arrangements including TIF financing. Housing Bonds, etc. It has been revised since October 8 to incorporate the provisions for preference for Orono residents. City staff, and Long Lake residents (see Section 4.4 of the Ground Lease. Exhibit B of this agreement) and to reflect the deferred fees changes.. #2640/2641 Dunbar Dev. Corp. October 19.2001 Page 3 COUNCIL A REQUESTED Council is requested to take action on each of the follo\%ing items, subject to staff confirmation that all required exhibits and other required agency rqiprovals are attached/completed prior to Clerk authorizing filing of documents at the County. 1. 2. 3. 4. 5. Motion to adopt the Preliminary Plat Approval resolution (E,xh. B) Motion to adopt the General Development Plan and Final Plat Approval resolution (Exh. C) Motion to approve PUD Agreements 2A and 2B (E.xhibits D & E) Motion to adopt Rezoning Ordinance (Exhibit F) Motion to approve Development Agreement and to adopt Resolution Approving Issuonee of Senior Housing Revenue Bonds and Authorizing Execution of Bond Documents and Development Agreement. Any other actions required to complete approval will be noted by Counsel (Barrett or Rosholt) at the meeting. 4 m GlTYofORONO RESOLUTION OF TJ NO. .5r^TiCOUNCIL A RESOLUTION APPROVING THE GENERAL CONCEPT PLAN FOR PROPERTV' LOCATED AT 2060 VVAYZATA BOULEVARD FILE NO. 2640/2641 WHEREAS, Orono Ambar, LLC (hereinafter the "applicant") has an Interest in property, located at 2060 \Va\-zata Boulevard within the Cit>’ of Orono (hereinafter the "City") and legally described as follows: Outlot F, Sugarwoods, Hennepin County. Minnesota (hereinafter the "property ”); and WHERE.AS, the City of Orono Highway 12 PUD ordinance (Municipal Code Section 10.53) requires a multiple step approval process for properties developing as part of a PUD; the General Concept Plan approval stage is the first step in the process followed by the Development approval stage, with a concurrent platting process for Preliminaty and Final Plat Approval; and WHEREAS, the applicant has requested General Concept Plan Approval for a two lot plat of this 6.7 acre property. Proposed is a rezoning from B-1. Retail Sales Business District to B-6/PUD (for office use of the proeosed west parcel) and Rl'UDTUD (for multi family residential use of the proposed east parcel). The intended use of the properties are a 23.000 s.f. office building and a 3-stoiy, 62 unit residential senior housing building; and WHERE.VS, the property is located in the Highway 12 Corridor Study Area for which the Citv has established special requirements for rezoning per Municipal Code Section 10.52; and WHEREAS, the proposed residential use of a portion of the property would require a Comprehensive Plan Amendment as the property is not guided for residential use in Orono ’s 1980 Comprehensive Plan nor in the preliminarily approved 2000-2020 Comprehensive Plan; and VVTIEREAS, the Orono City Council makes the following findings in regard to this application: Page 1 of 13 CITYofORONO RESOLUTION OF THE CITY COUNCIL 46 1NO. FINDINGS 1. This application was reviewed as Zoning Files l?2640-2641. 2. The property is located in the B*l Limited Neighborhood Business District, property consists of approximately 6.7 acres. The 3. The development plans include a 23.000 s.f. two-stor>- off!ce building and a 62 unit "55+" senior housing building. The office building would be located on a parcel appro.ximaiely 2.7 acres in size. The residential use would be located on a parcel approximately 4.0 acres in size. 4. Re/oning of the property from B*1 General Business to B-6 and RPUD is essentially down zoning of the property as the pemiitted uses in the B-6 and RPUD districts would have less potential impact on the adjacent residential properties than certain allowed B-l retail uses. The proposed office use and senior residential component will not result in the same traffic levels or development pattern as a retail environment. 5. The 62 unit building on the 4 acre site would provide 15.5 units'acre of senior housing units at a variety of unit sizes and rental rates. The proposed rezoning to RPUD Residential Planned Unit Development zoning district is appropriate to allow for the units'acre density requested based on two key factors: a. Tlic land is currently zoned to allow high intensity retail uses. Tlie proposed higher density senior housing use will have a substantially lower impact on the adjacent properties and tlie transportation system than would a high intensity retail use. b. The senior housing use has a substantially lower impact in tenns of traffic generation and impact on adjacent properties, particularly the single family residential neighborhood directly adjacent to the property, than would other tvpes of higher density residential development. Page 2 of 13 0\\GlTYofORONO RESOLUTION OF THE CITY COUNCIL NO 4 619 6. Amendment of the Comprehensive Plan is uarranied because uhilc the use of the \\eslerly portion of the property will be in keeping with the currently planned "commerciar use as established in the 1980 and 2000-2020 CMP. senior housing use of the easterly portion of the property will be more compatible with the existing adjacent single-family residential use to the immediate north than would development to high-intensity retail commercial as currently guided. Amendment of the Comprehensive Plan is also warranted because topography of the site is severe, making retail development more difficult, more costly and potentially more visually incompatible with the surrounding area due to the potential need for e.xtensive retaining walls to accommodate expanded access and parking needs. 7. The proposed senior housing meets a number of Orono's housing goals including the provision of lifec\clc housing optiorts and provision of affordable housing. 8. The proposed development has incorporated building and road design that takes advantage of the existing topography. The senior building has been designed to fit the general topography of the land, resulting in the ability to reduce the visual impacts of the story as well as maintain a vegetated bulTer to the north where existing residentiai homes would be most impactc.l by the mass of the building. Likewise, the office building has been limited to two stories, has been moved to provide more than the required rear setback, and has been oriented with the short side facing the adjacent residential neighborhood, limiting its visual impacts from neighboring properties. 9. Provision of buffers on site will decrease the visual impacts to the adjacent single family residential use. The Sugar Woods Homeowners Association owns and maintains a 40' wide platted outlot buffer strip along the perimeter of that residential subdivision and immediately adjacent to the property. Wliile restrictions were placed on each lot within the Sugar Woods neighborhood that prohibits removal of uees greater than 2" in diameter within the rear setback for those lots located closest to the proposed development, additional screening will be needed on the property to minimize the impacts of the mass and length of the senior building as well as the proximity of parking area serving the office building. DutTers to the east, sotlh and west of tlie property are less critical because the property is located on Highway 12; the properties to the east and Page 3 of 13 GlTYofORONO 4IM:RESOLUTION OF THE CITY COUNCIL 4619NO. II. south in ihe City of Long Lake arc or will be mostly commercially developed. Properties located west of the project are commercially developed as the Orono Shopping Center and Conoco gas station. Stormwater management will be provided by storm drains discharging to the e.xisting stormwater pond located adjacent to the property. The pond is owned by MnDOT and has been designed with the capacity to handle stormwater flows from the property. In addition to the City of Orono, MnDOT and the Minnehaha Creek Watershed District have approval authority over the stormwater management plan. Vehicular access to the property will primarily be via a private road entering Brown Road north of the stormwater pond. This is the ideal primar>' ingress/egress to the property because a signalized intersection is planned for Highway 12 and Brown Road as part of the Highway 12 re-routing process. The City intends that this signalization be completed concurrent with completion of development of the property. Secondary access to the property will be via a right-in right-out access directly to Highway 12 at the boundaiy between proposed Lots 1 and 2. At this location a full access to Highway 12 is not appropriate because of proximity to the Brown'12 intersection. The Orono Comprehensive Plan docs include a future service road connection between Brown Road and the properties to the west. The service drive has been designed to allow for a future connection to the west via the northwest comer of the ofTice parking lot. This would connect with e.\isting future road Outlots existing within the plats of Sugar Woods and East Willow Woods, with potential future service road connections to a location directly across 12 from Brimhall Avenue or continuing west to Willow Drive. Such future connections would likely reduce the amount of through traffic affecting the senior housing visitor parking areas. Page 4 of 13 i fcsHw; ClTYofORONO RESOLUTION OF THE CITY COUNCIL NO. 461^ 12. Required ofT-strect parking per Section 10.61. Subd. 10 is as follows; Office Building: Required stalls ** 1 per 200 s.f. of "net usable floor area for office use" Net usable floor area - 19,400 s.f. ± Total stalls required = 19,400/200 = 97 Total stalls proposed = 97 Senior Residential Building Required stalls - 2 per dv«lling unit (standard for multiple dwelling use) Number of dwelling units = 62 Total stalls required ■ 124 Total stalls proposed = 83 interior stalls + 39 exterior stalls - 122 stalls The senior housing parking proposal is 2 stalls short of the standard parking requirement. A building designed for senior housing use niay not require the same parking standards as an apartment-type multiple dwelling use. Applicant has stated in his experience the parking proposed on site will be suflicient for the intended use. Pedestrian access between the office and senior building parking lots will be provided to allow for potential use of the office parking by senior building visitors during weekend hours. 13. An existing 8* wide trail which is part of the Orono comprehensive trail system is located along Brown Road. An existing 6 ’ sidewalk is located along the south property line adjacent to Highway 12. The proposed site plan provides pedestrian access to the existing trail and sidewalk via sidewalks within the site. A sidewalk connection between the office building and senior housing building within the site will also be constructed to allow for easy pedestrian access between the two uses, which will allow for weekend overflow parking. 14.The applicant has provided preliminary site plans, grading plans, landscaping plans, utility plans and building construction plans which tlie Council finds arc sufficient to indicate the intent of the developer and the potential impacts of the project. Page S of 13 CITYofOROXO RESOLUTION OF THE CITY COUNCIL NO 4 61^ 15. The applicant has requested financial assistance from the City of Orono to allow for affordable rents. Such methods include the creation of a TIF district or similar provisions or reimbursements. The developer has proposed to plat the senior housing project as condominiums. Each unit would have a separate legal description and ta.\ statement. Under this type of plat the units would be ouned by a non-profit agency and rented to the occupants under the agreements established for the building. The applicant has provided a preliminary plat drawing to allow subdivision of the property into two lots for development purposes. The City Council finds that the proposed rezoning, proposed comprehensive plan amendment, proposed subdivision and proposed development of an office building and senior housing building are appropriate for the property, will not have negative impacts on the surrounding properties when all approval conditions arc met. and arc in keeping with the goals, policies and philosophies of the City. CONCLl SIGNS, ORDER AND CONDITIONS NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono hereby approves the General Concept Plan for development of a 62 unit building for senior housing use and a 23.000 s.f general office building, subject to the following declarations and conditions; 1.The City of Orono will approve an amendment to the Orono Comprehensive Plan to allow for the proposed uses upon City Council finding of satisfactory completion of the Conditions for Development Plan and Final Plat Approval. The City of Orono will approve rezoning of the property as described herein upon City Council finding of satisfactory completion of the Conditions for Development Plan and Final Plat Approval. 3. This resolution is not intended to grant Preliminary Plat Approval. Page 6 of 13 hrt#A . L GITYof ORONO r^^C|T^COUNCILRESOLUTION OF T NO. _ Conditions for Development Plan and Final Plat Approval ore as follows: Plans and Spceilleations. The following plans and specifications shall be submitted for review- and approval by the City and other appropriate jurisdictions: 3) 4) Final plans and specifications f >r all proposed utility lines and serv-ices, including any proposed revisions to existing service facilities. (Plans and specifications for service line connections around the pond. Proposed plans shall be provided to the City for final review- and approval with the Preliminary Plan set. The Public Works Department and MnDOT shall review and approve all utility improvements.)(Final sanitarv' sewer and watermain plans shall be provided and subject to approval by the Public Works Department. Plan sets for sewer ar.d water shall be provided witli the Preliminarv' Plat set.) Final grading, drainage and erosion control plan showing existing and proposed contours, building locations, elevations, stormwater facilities and calculations, utilities and erosion control measures tbe used during construction. Development Plan and Final Plat Approval will not be granted until the Minnehaha Creek Watershed District and NfnDOT have approved the stormwater plans. Engineering details and design for any proposed retaining walls. Final landscaping design plan with planting schedules including numbers and species, in accordance with the landscaping requirements of l^e RPUD and B>6 zoning districts. Final building construction plans detailing roofing and siding materials, etc. Page 7 of 13 CITYoTORONO RESOLUTION OF THE CITY COUNCIL NO 4610 7) 8) Road and parking lot construction plans, including confirmation that parking lots and roadways will be pa\ed and provided with concrete curb and gutter, and that all driving lanes within parking lots shall have a 9-ton minimum pavement section. A geotechnical evaluation of the soil shall be done in conjunction with the pavement design and shall be submitted to the City Engineer for approval. Applicant shall provide detailed engineering evaluations and plans to indicate the stability of the parking areas located adjacent to the office building, including the retaining wall system adjacent to the property. Detailed signage and lighting plans. Any additional plans and specifications deemed neccssar)' by the City as review progresses. B. Plaiting Process. Applicant shall complete all requirements for Final Plat Approval as outlined in a forthcoming Preliminary Plat Appro\al Resolution. General Conditions. 1) The sidewalk/trail connections shall be provided to the Brown Road trail along the east side of the property, from the properly to the sidewalk along Highway 12, and between each of the proposed buildings. All trails shall be permanently owned and maintained by applicanl'property owTicr to provide pedestrian access through the site. 2) Applicants' architect shall submit final development plans to the Metro Council Environmental Services to determine the c.xact number of SAC units to be charged at the time of the issuance of building permits. Page 8 of 13 Im M L 4) 5) 8) ClTYofORONO RESOLUTION OF THE CITY COUNCIL NO 461 Q Appropriate tralTic and parking signage shall be installed subject to the Orono staff and City Engineer's review, including required stop signs within the parking lots and service drive to ensure safe parking areas and pedestrian crossing within the development. All landscaping shall conform to the standards established by Cit>- ordinance for the RPUD and B-6 districts. Monument signs may be provided by the developer at each entrance to the site. The signage shall be limited to a company or development name and/'or logo and street address on the monument signs. Final desiga'materials of monument signage shall be subject to approval by the City Council. Final lighting plan shall be subject to City staff approval and shall locate lighting so as to direct lights away from the adjacent residential neighborhood. Erosion control shall adhere to "Best iVlanagcment Practices for Protecting Water Quality in Urban Areas". All erosion controls as required by the City shall be in place prior to commencing excavation on the site. The construction limits shall be clearly marked with adequate fencing to prevent any construction damage or disturbance of any trees and vegetation outside of the construction limits area. Developer must strive to maintain perimeter vegetation to the greatest extent possible during construction to minimize visual impacts. Additional improvements including burying of power lines, installation of street lighting compatible with the City of Long Lake’s street lighting program, and improvement of sidewalks outside the project boundaries will be addressed in the Development Agreement noted herein. Page 9 of 13 1 w GlTYofORONO Mil D. RESOLUTION OF TUEXIf Y^COUNCIL NO. A road easement shall be granted to the City to permit public ingress/egress over the driveways on the site to guarantee future access for a public road should the City choose to develop a service road connection to the west in the tuture. Easements shall be provided to allow for ingress and egress over the driveways and sidewalks on the site to allow access beuveen the oflice building and senior housing parcel. Additional Drainage and Utility Easements shall be granted to the City of Orono over all utility lines and rights of way. This concept plan approval is b«sed upon the known issues that may affect this project, but this approval does not limit the City from revising or amending these conditions as the review process continues. Financial Plan. Development Plan and Final Plat Approval are contingent on successful completion of a financing plan acceptable to the City Council which may include use of TIF funding and/or other means of financial assistance for the senior housing development. The use of such financial assistance methods is intended to ensure the continued use of the senior housing building for its intended purpose, and to provide disincentives to its conversion to other uses which may not be in keeping with City housing goals. Development Agreement. Development Approval and Final Plat Approval is contingent upon the successful c.xecution of a Development .Agreement between the applicant and the City. Such Agreement sliall address all financial arrangements between the applicant and the City, as well as all specific City requirements for the development. GlTYofORONO RESOLUTION OF THE CITY COUNCIL NO. ^ ^ Financial Guarantee. The Development Agreement shall include a financial guarantee by the applicant to ensure the completion of site improvements. The City Engineer shall complete an estimate of improvement costs, including but not limited to landscaping, grading, erosion control, utilities, drixeways and parking areas, trails, sidewalks, retaining walls and stormwater management facility construction, and the applicant shall provide to the City a financial guarantee of I50*/o of the improvement costs. Park Dedication. City will waive the RPUD requirements for I0®/o site dedication for private parks for the senior housing project. The standard Park Dedication fee shall be paid by the developer for the senior housing site at the standard residential rate provided by City ordinance (8% of the fair market value of the site but not less than S3,100 per dwelling unit). The City Council may agree to defer specified amounts of the senior housing park fee, which arrangement shall be detailed within the Financial Plan. The standard park dedication fee for the office project site shall be paid by the developer at the standard per-acre rale per City ordinance (8“/o of fair market value of land but not to c.\ceed 513,250 per acre). Sewer and Water Connection Charges. The applicant shall pay sewer and water connection charges to the City in an amount to be ani\cd at by use of the following formula: fA - 41 X 6.7 acres x S13 545'acre ■* Connection Charge Due (A + B) where: A “ number of senior housing dwelling units B “ number of SAC units required for office building 41 “ number of sewer/water units paid previously The City Council may agree to defer specified amounts of the sewer and water connection charges, which arrangement shall be detailed within the Financial Pbji. Pagellofl3 ClTYof ORONO RESOLUTION OF ^^CITY COUNCIL NO. Financial Guarantee. The Development Agreement shall include a financial guarantee by the applicant to ensure the completion of site improvements. The City Engineer shall complete an estimate of improvement costs, including but not limited to landscaping, grading, erosion control, utilities, dri\c\va\-s and parking areas, trails, sidewalks, retaining walls and stormwater management facility construction, and the applicant shall provide to the City a financial gu-'rantee of 150®/o of the improvement costs. Park Dedication. City will waive the RPUD requirements for 10®/o site dedication for private parks for the senior housing project. The standard Park Dedication fee shall be paid by the developer for the senior housing site at the standard residential rate provided by City ordinance (8% of the fair market value of the site but not less than $3,100 per dwelling unit). The City Council may agree to defer specified amounts of the senior housing park fee, which arrangement shall be detailed within the Financial Plan. Tlte standard park dedication fee for the office project site shall be paid by the developer at the standard per-acrc rate per City ordinance (8% of fair market value of land but not to exceed $13,250 per acre). Sewer and Water Connection Charges. The applicant sliall pay sewer and water connection charges to the City in on amount to be anised at by use of the following formula: (A B) • 41 X 6.7 acres x $13,545 'acre “ Connection Charge Due (A + B) where:A “ number of senior housing dwelling units B = number of SAC units required for office buiiding 41 = number of scwer/watcr units paid previously The City Council may agree to defer specified amounts of the sewer and water connection charges, which arrangement shall be detailed within the Financial Plan. Page 11 of 13 GlTYofORONO RESOLUTION OF THE CITY COUNCIL <16 ^NO. This General Concept Plan approval resolution approves the development concept subject to the applicant meeting the requirements of this resolution and all other requirements of the City. This resolution does not constitute approval of the Rezoning or Comprehensive Plan Amendment. This resolution does not constitute Preliminary Plat Approval. Such approvals shall only be considered when the City Council finds that all "Conditions for Development Plan and Final Plat Approval" as identified herein have been met. This Conceptual Approval shall be effective for a period of 6 months from the date of this resolution. If Development Plan and Final Plat Approval is not granted within that period, the terms and conditions of this resolution shall be null and void. The City Council at its sole discretion may c.xtend this ctTective period. The undersigned applicants have read and reviewed this document. Adopted by the Orono City Council on this 12th day of March. 2001. ATTEST: Linda S. Vee. City Clerk Barbara A. Peterson. Ma>or licanf Page 12 of 13 i GlTYofORONO RESOLUTION OF THE CITY COUNCIL NO 4619 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 12th day of March, 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. ■xaBBammm Mtmooooe Notar>- Public STATE OF MINNESOTA ) ) ss. COL^TY OF HENNEPIN ) On this rP/ ^________day of _//s C 20 C/ before me a Notar>- Public within and for said county, personally appeared rtOnic. C- Dc . Ohi€ /> known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he(thcy) executed the same as his (their) free act and deed. 0 RACHaooooE y NOTARY PUBLIC Page 13 of 13 B A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR PROPERTY LOCATED AT 2060 WAYZATA BOtLEVARO FILE NO. 2640/2641 WHEREAS, Orono Ambar. LLC (hereinafter the "applicant*) has an interest in property located at 2060 Wayzaia Boulevard within the City of Orono (hereinafter the "City") and legally described as follows: Outlot F. Sugarwoods Hennepin County. Minnesota (hereinafter the "property*); and WHEREAS, the Orono Planned Unit Development (PUD) ordinance requires a multi-step approval process for properties developing as a Planned Unit Development. Resolution No. 4619 for General Concept Plan Approval was adopted on March 12. 2001. Preliminary Plat approval is required prior to the granting of Final Plat approval and General Developtnent Plan .Approval; and WHEREAS, pursuant to the General Concept Plan approval, the applicant has requested Preliminary Plat approval for a two lot plat of the 6.7 acre property to create a 2.7 acre parcel to be rezoned from B-1, Retail Sales Business District to B-6/PUD. proposed for use as a site for a 23.000 s.f. office, and a 4.0 acre parcel to be rezoned from B-1. Retail Sales Business District to RPUD/PUD for residential use. specifically for a 3-story 62 unit senior housing building; and WTfEREAS, the property is located in the Highway 12 Corridor Study Area which has established special requirements for rezoning; and WHEREAS, the City of Orono has agreed to purchase the 4.0 acre parcel that will contain the .senior housing building and lease the property to a non-profit organization that will own and operate the building; and Page 1 of 8 WHEREAS, the Orono Ci(y Council makes the Totlowing findings in regard to this application: RNDINCS 1. This application was reviewed as Zoning Files #2640-2641 for simultaneous review of the preliminary and final plat of Orono Woods. 2. The properly is located in the B-1 Limited Neighborh<x>d Business District. The property consists of approximately 6.7 acres. 3. The City Council adopted Resolution No. 4619 on March 12. 2001, making findings and conditions which support the proposed platting of Outlot F into two separate parcels as noted herein, and approving the General Concept Plan for a 23,000 s.f. two-story office building and a 62-unit senior housing building. The findings and conditions of Resolution No. 4619 are incorporated herein by reference. 4. The developer intends to rcplat the senior housing building as condominiums upon completion of the building. Each unit would have a separate legal description and tax statement. Under this type of plat the units weald be owned by a non-profit agency and rented to the occupants under the agreements established for the building. Such a rcplat will require a separate application when proposed, and is not pan of this approval. CONCLUSIONS. ORDER AND CONDITIONS NOW, THEREFORE, BE IT RESOL\TD, that based upon one or more of the foldings noted above, the City Council of the City of Orono hereby grants Preliminary Plat Approval for Orono Ambar LLC for a 2-Iot plat per the undated preliminary plat survey by Loucks Associates attached hereto as Exhibit A, subject to the following conditions: Page 2 of 8 I. PUiiis and Sp^cificaiiuns. The follouing plans and spcciilcations shall be submitted for rc\ ie\v and uppro\al by the Cit\ and other ippropriatc jurisdictions, to ensure that the proposed plat will accomplish the intended purposes: a) Final plans and specifications for all proposed utility lines and serx ices. including any proposed revisions to existing scrxicc facilities. (Plans and specifications for scrx ice line connections around the pond. Proposed plans .shall be provided to the City for final review and appo>val with the Preliminaiy Plan set. fhe Public Works DeparUnent and MnlK) !' shall review and approve all utility improvements.KFinal sonitars sewer and watermain plans shall be provided and subject to approval by the Public Works Department. Plan sets for sewer and water shall be provided with the Preliminoiy Plat set.) b) Final grading, drainage and erosion control plan showing existing and proposed contours, building locutions, elevations, stormwater facilities uitd calculations, utilities and erosion control measures to be used during construction. Development Plan and Final Plat Approval will not be granted until the Minnehaha Creek Watershed District and MnDOT have approved the stonnwaier plans. c) Engineering details and design for any propi>sed retaining walls. d) Final landscaping design plan with planting schedule's including numbers and species, in accordance with the landscaping requirements of the RPUD and B-6 zoning districts. e) Final building construction plans. 0 Road and parking lot construction plans, including confirmation tlut parking lots and roadways will be pavcNJ and provided with concrete curb and gutter, and tliat all driving lanes within parking lots shall have a 9-ton minimum pavement section. A geotechnical evaluation of the soil shall be done in conjunction with the pavement design and shall be submitted to the City Engineer for approval. Applicant shall provide detailed engineering evaluations and plans to indicate the stability of the parking areas located adjacent to the office building, including the retaining wall system adjacent to the property . Page 3 of 8 2. Eascncnts. a) Drainage and Utility Easements shall be granted to the City* of Omno over all utility lines and rights of way. b) Drainage and Utility Ea.sements shall be dedicated to the public on the final plat 10' along all exterior property lines, except along the north property line where a S' easement is required, and S' either side of the interior property line. c) All required stormwater facilities to be developed on the site shall be designated on the plat as drainage easements. d) Road easement to permit public ingress/egress over the service/frontage road shall be granted to the public but shall not be shown on the plat. 3. Developers Agreements. Applicant to execute Developer's Agreement for construction of improvements in each of Lots 1 and 2 to ensure all site improvements are installed to City's specifications and satisfaction. Said Develeopers Agreements may contain additional conditions not iwtcd in this Preliminary Plat Approval resolution. No land alterations can take place until erosion control is established aixl Uie City is in receipt of a final grading and road plan No improvements can begin until City Engineer lias approved all improvement plans. A Letter of Credit must accompany a fully executed Developer’s Agreement written to 150SI of the cost of the proposed site improvements, including landscaping. The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mi>ndays of the month. These submittals are as follows; 1. Record plat drawings in the form of two (2) mylar copies (one copy for the City's records and one for filing with Hennepin County) and one (1) copy’ reduced to I" - 200'. Drawing to include: Page 4 of 8 c. Lx)t lines planed per preliminary survey by Loucks Associates, undated and anached hereto as Exhibit A. Dedication of "drainage and utility easements" 10* along uxst south and cast boundaries of the property and 5* along all internal lot lines and along the north boundary. Designation and dedication on the plat drawings of drainage and utility easements over all proposed sewer, water, and storm sewer lines and facilities subject to review and approval by the Public Works Department and City Engineer. D. Naming of plat. 2. Legal documents required; A. Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. B. The applicant must provide certified copies of all recorded easements currently alTecting the property. C. Signed and executed Road Easement to be granted over all driveways on the site which may in Uie future be used public roadway, legal description to be provided by tlie developer subject to approval by the Public Services Director. D. Signed and executed Temporary Road Construction Easement over the easterly 15 feet of Lot 2 in favor of Mn/DOT in relation to future reconstruction of the Brown Road U.S. 12 intersection. E. Signed and executed Developers Agreements for construction of improvements within Lots 1 and 2. Page 5 of 8 3. Plat approval fees to be paid: TcMal due: $35,910.00 A. Final plat fee = $200.00 B. Legal review and nUng fees for subdivision and associated documents = $200.00 C. Park Dedication Fee for office site (Lot I. Block 1) in the amount of $35,510 (2.68 acres at $13,250 per acre). Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 22nd day of October. 2001 ATTEST: Linda S. Vee. City Clerk Barbara A. Peterson. Mayor Page 6 of 8 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instn;ment utut acknowledged before me on this 8(h day of October. 2001 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the Cit>’. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN fhe foregoing instrument was acknowledged before me on this day of October. 2001 by Linda S. Vee. Cit> Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 7 of 8 i STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of .personally appeared before me. who is personally known to me whose identity I proved on the basis of ____ whose identity I proved on the oath/aflirmation of_________________________ ________________. a credible witness and who executed the foregoing instrument, and acknowledged that hc/she/they executed the same as his/hcr/their free act and deed. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this___day of______________, 20__ j)ersonally appeared before me. who is personally known to me whose identity I proved on the basis of ____ whose identity I proved on the oaih/afTirmation of_________________________ ________________a credible witness and who executed the foregoing instrument, and acknowledged that hc/she/they executed the same os hisTicr/their free act and deed. Notary Public Page 8 of 8 Draft 9/27/01 nebbed 10-18^1 A RESOLUTION GRANTING GENERAL DEVELOPMENT PLAN APPROVAL FOR PLANNED UNIT DEVELOPMENT NO. 2 FOR ORONO AMBAR, L.L.C. AND APPROVING THE PLAT OF ORONO AMBAR . FILE M2640/2641 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hcrcinaner "City Council ”) has adopted subdivision and land development regulations for the orderly, economic and safe development of land within the City; and W'llEREAS, the City Council has considered the application by Orono Ambar. L.L.C. fur subdivision and development by the Planned Unit DeNclopmcnt process of property located within Oullot F, Sugar Woods. Hennepin County, Minnesota; and WHEREAS, on March 12, 2001 the City Council adopted Resolution No. 4619 granting General Concept Plan Approval fi>r the proposed development, which approval includes the following elements: 1. Subdivision platting of Outlot F to create two developable building lots; Rez.oning of each newly created lot; Lot 1 avoned from B-1 Retail Sales Business District to B-6 Highway Commercial District, and Lot 2 rezoned from B*1 to RPUD Residential Planned Unit Development District. Comprehensive Plan amendment to re-guide Lot 2 from Commercial to Residential use. Commercial site plan approval and conditions for proposed ofTicc building on Lot 1. Residential site plan review and conditions for proposed senior housing building on Lot 2. Use ofTlF financing for development of Senior Housing on Lot 2; and 2. 3. 4. 5. WHEREAS, on October 24, 2001 the Meuopolitan Council is expected to grant approval of the Orono 2000-2020 Community Management Plan including the re-guiding of lot 2 from commercial to residential use; and Page 1 of 7 WHEREAS, the Developer has submitted an executed Development Agreement relating to the Orono Woods Apartments between City of Orono, Orono Housing and Redevelopment Authority (hereinafter "HRA"). and Orono Senior Housing I.I.C for the City Council's consideration and final execution, which agreement sets forth the terms and conditions for the development of Senior Housing on Lot 2, including acquisition of the land by the HRA. ground lease to the Developer. Tax Increment Financing and issuance by the City of Multifamily Senior Housing Revenue Bonds; and WHEREAS, the Developer has submitted executcnl Planned Unit Development Agreements 2A and 2B providing for the installation of certain improvements as a condition of site plan approval for the construction of an Oftice Building on Lot I and a Senior I lousing Building on Lot 2 respectively, and which agreements document the general and detailed conditions for use and development of Uie property; and WHEREAS, the Developer has submitted an executed Road. Drainage and Utility casement over the portions of driveways in Lots I and 2 that provide potential future frontage road connectiirns between Brown Road. Wayzata Boulevard, and properties to the west; and WHEREAS, the Developer has completed all other requirements of the platting regulations of the City including: 1. 2. Completion of all platting requirements of Prcliminarv' Plat Resolution No. Dedication on the plat of Drainage and Utility Losements. including dedication of a utility easement to allow for replacement of the existing municipal sewer line which must be relocated outside of the MnDOT right-of-way and onto Lot 2. Submittal of Minnehaha Creek Watershed District (MCWD) permit (No. approving the grading and stormwater management facilities plan for Lots 1 and 2 per the Grading, Drainage and Erosion Control Plan. Sheet C3-I dated 816 01. Submittal of the necessary NfnDOT approval for the right-in, right-out access to Wayzata Boulevard, and confirmation that the MnDOT stormwater pond located southeast of Lot 2 has the capacity to accommodate the proposed drainage from development on Lots 1 and 2.. Page 2 of 7 Submittal of an executed Temporarj' Construction Easement in favor of MnDOT along the easterly 15 feet of Lot 2 to accommodate the planned future changes to the intersection of BrouTi Road North and Wayzata Boulevard associated with the re routing of Highway 12; and Payment to the City of Park Dedication Fee for the development of Lot 1 in the amount of $35,510. Payment to the City for the legal review and tiling of the plat agreements, easements and covenants in the amount of $200. 8. Payment of the final plat fee in the amount of $200. WHEREAS, for development staging purposes tlie De\ eloper has divided the project into two phases. Phase 1 being the Senior I lousing component on Lot 2, and Phase 2 being the OtTice component on Lot 1. the intent being to commence Phase 1 construction in late 2001 and Pliasc 2 construction in 2002; and WHEREAS, City staff and consultants have reviewed the plans for this comprehensive application and hereby specify approval of each enclosed plan and identify them as part of the official record for the Orono Ambv subdivision and Planned Unit Development No. 2; 1. 2. Approval of site plan for Phase 1 & 2 per Site Plan per Sheet C2-1 datc*d 8/16 01. Approval of Grading. Drainage and Erosion Control Flan for Phases 1 & 2 per Sheet C3-1 dated 8/16/01. subject to the additional requirements of the MCWD in Permit No.____, and subject to the additional requirements specified by City Engineer Tom Kellogg in his letter dated October 9.2001. 3.Approval of Utility Plan for Phases I & 2 per Sheet C4-1 dated 8/I6'0l.subjcct to the additional requirements specified by City Engineer Tom Kellogg in his letter dated October 9,2001. Approval of Grading, Street and Utility Detail for Phases 1 & 2 per Sheets C9-1 and C9-2 dated 8/16 01, subject to the additional requirements specified by City Engineer Tom Kellogg in his letter dated October 9,2001. Page 3 of? I i Approval of Landscaping Plan for Phase 2 only per Sheet LA-1 dated 8 ' 10 01, subject to the additional requirements specified by Wally Case in his letter dated October, 2001. Acceptance of fItH>r plan and facade elevations for the Senior Housing building on Lot 2 (Phase 1 only) per Sheets A3.1 through A3.5 by MIIWB Architt*cts and Pliuiners dated 9/19/0 1. Approval of site Signage Plans per Sheet A9.7 (undated) and Lighting Plan per Sheet ______dated______. Preliminary approval of building design plans fur the OtTice building on Lot 2 (Phase 2) as described and documented in Resolution No. 4619. NO\V,TIIEREKOKK, BE IT RESOL\'ED tliat bused on the findings of Resolution No. 4619, the City Council of the City of Orono does hereby approx e the plat of Orono Ambar, Hennepin County. Miimcsota and grants General Dexelopment Plan Approval fi>r Planned Unit Development No. 2. subject to the following conditions: 1. General Development Plan Approval is granted subject to conditions established within Resolution 4619 and subject to the conditions established within the Development Agreement. PUD 2A and 213 Agreements. TIP financing documents, and other pertinent documents. 2. Upon the final approval and execution of the the resolution approving the plat of Orono Ambar, the City Council of Orono shall formally approve an ordinaiKC amending the official zoning map of the City to rrzonc Lot I. Orono Ambar from B-1 Retail Sales Business District to B-o Highway Commercial District, and to rezonc Lot 2. Orono Ambar, from B-l Retail Sales Business District to RPUD Residential Planned Unit Development District, and amending the Orono Zoning Code by adding language establishing Planned Unit Development No. 2 (PUD-2) to include Lots I and 2. Orono Ambar. Page 4 of7 5. Approval ofLandscaping Plan for Phase 2 only per Sheet LA-1 dated 8^1 D1, subject to the additional requirements specified by Wally Case in his letter dated Oclobei ^ 2001. 6. Acceptance of floor plan and facade elevations for the Senior Housing building on Lot 2 (Phase I only) per Sheets A3.1 through A3.5 by MHWB Architects and Planners dated 9/19/01. 7. Approval of site Signage Plans per Sheet A9.7 (undated) and Lighting Plan per Sheet ______dated______. 8. Preliminary approval of building design plans for the Office building on Lot 2 (Phase 2) as described and documented in Resolution No. 4619. NOW, THEREFORE, BE IT RESOLVED that based on the findings of Resolution No. 4619. the City Council of the City of Orono does hereby approve the plat of Orono Ambar, Hennepin County. Minnesota and grants General De\eU»pment Plan .Approval for Planned Cnit Development No. 2, subject to the following conditions: 1. General Development Plan Approval is granted subject to conditions established within Resolution 4619 and subject to the conditions established within the Development Agreement. PUD 2A and 2B Agreements. TIP financing documents, and other pertinent documents. 2. Upon the final approval and execution of the the resolution approving the plat of Orono Ambar, the City Council of Orono shall formally approve an ordinance amending the official zoning map the City to re/onc Lot 1. Orono Ambar from B-1 Retail Sales Business District to B-6 Highway Commercial District, and to rezone Lot 2. Orono Ambar, from B-l Retail Sales Business District to RPUD Residential Planned Unit Development District, and amending the Orono Zoning Code by adding language establishing Planned Unit Development No. 2 (PUD-2) to include Lots I and 2, Orono Ambar. Page 4 of7 3. Upon execution of the final plat of Orono Ambar, the City Council shall direct the Mayor and Clerk to execute other documents required by this subdivision and PUD rezoning, including but not limited to the following; "Development Agreement Relating to Orono Woods Apartments (Including Tax Increment Financing District No. 1*1) Between City of Orono, Orono Housing and Redevelopment Authority and Orono Senior Housing , LLC"; "Planned Unit Development No. 2A Agreement for Orono Ambar Office Building"; "Planned Unit Development No. 2B Agreement for Orono Woods Apartments"; and any documents related to the TIF financing and issuance of the Multifamily Senior Housing Revenue Bonds. 4. Final building design plans for the Office building on Lot I (Phase 2) shall be subject to City Council review and approval prior to issuance of permits for said building. 5. The aforesaid plat shall be filed by the City of Orono with the Hennepin County Registrar of Titles Office on or before April 22. 2002 together with a certiiled original copy of this resolution and executed copies of the igreemcnts. casements, and covenants pertinent thereto. FURTHER. BE IT RESOLVED that the City Council hereby declares that the conditions of Resolution No. 3347 vacating an existing unused drainage and utility (sewer) easement within Outlot F. Sugar Woods, have been fulfilled, and said vocation shall be elTective upon filing of Resolution No. 3347 with the Hennepin County Registrar of Titles Office. The approval granted by this Resolution shall expire if the plat has not been filed by the date specified above. In Uiat event, it will be necessary to file a new application with the City of Orono for subdivision review. Page 5 of 7 Adopted by the City Council of Orono this 22nd day of October, 2001. ATTEST: Linda S. Vcc. City Clerk Barbara A. Peterson. Mayor STATE OF MINNESOTA COUNTY or HENNEPIN The foregoing instrument was acknowledged before me on this 8lh day of Oclobcr, 2001 hv Barbara A. Peterson, Mayor of the City of Orono. a Minnesota municipal corporation and said instnunent was executed on behalf of the City. Notaiy Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of October, 2001 by Linda S. Vee. City Clerk of the City of Orono. a Minnesota municipal corporation and said instrument w as executed on behalf of the Cit>. Notary Public Page 6 of7 STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of.,20 personally appeared before me, ____v^-ho is personally knouii to me ____whose identity 1 proved on the basis of. whose identity I proved on the oath/atTirmation of. a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of.,20 personally appeared before me, ____who is personally known to me ____whose identity I proved on the basis of. whose identity 1 proved on the oath/affirmation of. a credible witness and who executed the foregoing instrument, and acknow ledged that he/shc/they executed the some as his/her/their free act and deed. Notary Public Page 7 of7 RcvbctI Draft 7/Ji/OI Revbccl Draft 9/27/01 V CITY OF ORONO HENNEPIN COl NTY. MINESOTA PLANNED I'NIT DEVELOPMENT NO. 2A AGREEMENT FOR ORQNO AMBAR OFFICE BI'ILDING (Name of Dc^ clopmcnl) ORQNO AMBAR. LLC.. A MINNESOTA CORPORATION (Name of Developer) THIS ACJ REEMENT. made and entered into this___day of____. 2001 . by and between the City of Orono. a municipal corporation organized and existing under the law s of the State of Minnesota thcrcinallcr called "City"), and Orono /\mbar. LLC, a Minnesota Corporation, its heirs, successors and assigns (hcreinaOer called "Developer"). WITNESSETH: WHEREAS, the Developer has made application to the City Council for approval of a Planned Unit Development rezoning application (PUD) including a comprehensive plan amendment, subdivision to create two builduble lots, and commercial site plan review, for the purpose of developing a 62-unit Senior Housing residential building and a 25,000 s.f. Professional OlTicc building: and WHEREAS, on March 12. 2001 the Cit>- Council granted Concept Plan Approval for development of a 62-unit building for senior housing use (the "Senior Housing Building") and a 25,000 s.f general olTice building (the "OITice Building") per Resolution No. 461 9. on the condition that the Developer enter Into this agreement to provide for confomiance with the City’s Planned Unit Development (PUD) ordinances, to provide for the installation and maintenance of impro\ements. and to establish and document the conditions of approval for the Tax Increment Financing (TIF) associated with the Senior Housing element of the development. Page I of 14 NOW, THEREFORE, in consideralion of the premises, and of the actual promises and conditions hereinafter contained, it is hereby agreed as follou-s: A. Geacnil Terms and CondRioas 1. Property Description. Oullot F. Sugar Woods according to the plat thereof on file in the oflice of the Registrar of Titles of I fennepin County, Minnesota (sometimes herein referred to as the "Property"). The property description to which this Agreement for the Office Building component of the development applies is Lot I. Block 1. Orono Ambar. 2. Zoning. The property is zoned as a Planned Unit Development under the Orono planned unit development ordinance with underlying B-6 zoning for the office building component on Lot I. 3. Permitted Uses. Within Lot I the only permined principal structure is the 25,000 gross s.f.. 2 story office building w ith underground parking in the basement level and additional surface parking as depicted in the preliminary site plan (attached hereto as Exhibit A) and preliminary' approved building plans and elevations (attached hereto as Exhibit B). The permitted use of the office building is general office uses which may include business and professional offices of a general nature, and may include a clinic for human core on an outpatient basis only. The office building shall not be used for general retail use. except that retail uses customarily .iccessoiy to the general office use may iKcur in no more than twenty percent (20%) of the office building gross floor area. Other uses shall not be allowed except by amendment of this PUD agreement. Within Lot I the only accessory’ structures allowed shall include: a) Trash enclosures attached to the principal structures, constructed of materials comparable to and compatible with those of the principal structure; and b) Monument identification signs per the approved plans. No other accessory structures are permitted except by amendment of this agreement. Users shall be obligated to confomi to all applicable Orono ordinances and to the provisions of this PUD agreement. The foregoing uses arc permitted pursuant to this PUD agreement. 4. Site Access. Internal circulation for Lot 1 shall be via a new private road to be developed within Lots I and 2. Block I. Orono Ambar. The private road shall serve the uses for both Lots 1 and 2. The easterly access point for the private rood shall be at Brown Road North per the site plan attached os Exhibit A. The easterly access point shall allow full entrance and exit movements to North Brow’n Road. Page 2 of 14 A single direct access to I lighwav 1 2 shall be developed at a location approximately 500 feel west of the intersection ofUrown Road and 1 lighvvay 1 2. ‘Ihis direct access slmll be restricted to westbound right-in/right-out turning movements, and shall be subject to MnDOT design approval. A third access point located near the northwest comer of Lot I shall provide for future access to a future public road which ma> K* constructed within Outlot D, Sugar \ViH>ds. At such time that a public road is constructed within said Uullot D, the City sltall have the rigltt to connect such public road to the internal road system within Lots 1 and 2 for the purpose of providing additional ingress'egress options for Lots I and 2 as well as provide ingress egress options for properties west of Lot I. The Developer shall grattt to the City public n>ad. drainage and utilities easements over the private rood corridor including all surface parking ureas, in order tlut future public use of the roadways is ensured in the event that a future connection to the west is established. Developer shall grant cross easements between Lots 1 and 2 to ensure full u.se of the internal private rood system until such time that the City exercises its easement rights to convert all or a portion of the internal road system to a public road status. It is specifically agreed that the City is not obligated to maintain the private intental road system until such time that the City chooses to convert all or a portion of the internal road system to u public road, and coastruction of an access connection to a public auid in Outlot D, Sugar Woods shall not automatically temiinate the private road status of the internal road sv stem. 5. Off-site access improvements that arc the responsibility of the developer shall include establishment of the right-in'right-out access curbing for the southerly access. Any turn-lane or acceleration lane improv ements or re-striping that may be required by MnDOT for that access shall be the responsibility of the City. Other olV-site access improvements that will be the responsibility of the City shall include establishment of the semaphore and related improvements at the intersection of Brown Road North and Highway 12. Building Desien and Constmetion. The ofTice buildings on Lot I shall be constructed according to the plans on file with the Cin* which shall be subject to rev icw and approv al bv the City Council prior to issmin^y pf h‘"ldinp. permits. On Lot 1. the preliminary plans indicate a two story office building with parking on the basement level, llte second story is set back from the first story at the north end of the building to reduce impacts to the residential neighborhood to the north. Windows arc also minimized on the north end of the office building to reduce impacts on neighboring properties. The roof is a standard shingle Page 3 of 14 hip roof with pitch established at 5:12 to minimize the impacts of building height. The exterior of the oflTice building shall be of materials consistent with the appro ved preliminary plans attached as F.xhihit D. Any accessory structures on Lot 1 , if approved, shall be of the same exterior finish and colors os the office building. Construction of the office building on Lot 1 shall be in conformance with the building codes and regulations adopted by the City of Orono. /\n> changes to the gross square footage, footprint/wall/roof dimensions or defined building height shall require a prior amendment to this Agreement. 6. L.^ndscanine. The A landscaping plan to be attached to this Agreement as Exhibit E shall K' submitted bv the Develot>er nrior to issuance of building permits, and upon review and approval bv the City Council shall be strictly adhea*d to. Within Lot I. the Developer shall establish and maintain suitable vegetative screening along the northerly boundary of the property sufficient to substantially block direct view of most vehicle headlights from the adjoining Sugar Woods residential properties. Within Lot 1 . the Developer shall provide and maintain vegetative screening within the defined rear yard of the office building to minimize the visual impact on the adjoining residential properties. Within Lot 1. Developer shall minimize to the greatest extent possible the removal of existing trees and vegetation along the perimeters of the property, and when.* feasible shall retain existing u-ees along the southerly boundary during construction until their removal is necessary’ to complete the approved landscape plan. The construction limits shall be clearly marked with adequate fencing to prevent construction damage or disturbance of any trees and vegetation outside of the defined construction limits. Any retaining walls to be con.structed on Lot 1 as showu on the approved plans shall be of decorali\ e concrete keystone-type block construction of an earthtone color and shall be limited in height and length to the extent necessary to accomplish their intended purpose. 7. Lighting. Site lighting shall adhere to the a appro xed lighting plan to be attached to this agreement as Exhibit F and which which shall be submitted bv the dc% eloper prior to of building permits, and unon review and approval bv the Citv Council shall be strictly adhered to. attached hereto as Exhibit F. All lighting fixtures shall be located and constructed so os to direct light away from the adjacent residential neighborhood. 8. Signage. Signage on the site shall be limited to the required traffic control signage, and to monument signs provided by the developer at each entrance to the site. The signage shall be limited to a company or development name and/or logo and street address on the Page 4 of 14 monument signs. Design and materials of monument signage shall adhere to the approved Signage Plan to be attached hereto as Eshibit G upon review and approval bv the City C.nincil. Parking and traffic control signage shall be installed subject to City staff and City Engineer approval, including required stop signs within the parking lots and serv ice driv e to ensure safety of pedestrians in poricing areas and crossing points. B. Installation and Maiatcnanee of IwproveBients 9. Improvements: In accordance with the policies and ordinances of the City of Orono. the following described public or private improvements (hea*inaAcr colIecli\ely called the "Improvements'*) shall be constructed, installed and maintained by the Developer according to the terms and coiKlitions contained in this PUD Agreement: (a) Site grading, roadways and driveways, curb and gutter, parking lots, sidewalks, retaining walls and all necessary erosion control measures per the a pprovrd preliminary Grading. Drainage & Erosion Control Plan attached hereto as Exhibit B (hereinafter called "site grading improvements"), subject to submittal of a Final Grading. Drainage and Erosion Control Plan for Citv approval Dijpr to i^^uance of building permits: (b) Sanitary sewer and water lines and facilities (hereinafter called "sewer and water improvements") and stomi sevver lines and facilities (hereinafter called "stormwater improvements") per the approved preliminary Utility Plan attached hereto as Exhibit C. Relocation of the e.xisting gravity sewer line extending from Brown Road North to the lift station near the southeast comer of Lot 2. as required by the City pursuant to the letters attached hereto as Exhibits I and J. shall be the responsibility of Sidney B. Rebers, seller of Outlet F. Sugar Woods. (c) Underground natural gas. electric, cable and telephone service to be arranged by the Developer with the utility companies involved (hereinafter called the "other utility improvements"); (d) Landscaping and site revegetation improvements per the approved Landscaping Plan to be attached hereto as Exhibit E (hercinaftcr called "landscaping improvements"). (c) Traffic control signage subject to approval by the City Engineer and Public Services Director. Page 5 of 14 II. Any additional improvements listed within the Site Improvements Cost Estimate to be attached hereto os Exhibit H. Construction Plans : Detailed plans and specifications for the complete installation of the Improvements shall be submitted by the Developer for the approval of the Citv ’ prior to issuance of applicable City permits. The Plans and Specifications shall conform to all current City standards for all applicable work and shall comply with the terms of this PUD Agreement. Construction of Improvements: (a)Commencement Date - The construction of Improvements shall begin no later than December 3 1,2002. (b) Completion Date - All Improvements shall be completed no later than December 3 1. 2003. Contractors - The Developer shall select, retain and supers ise the Conlractorfs) responsible for Improvement construction. I he City reserves the right to require satisfactor>- proof of successful e.xperience and adequate financial status of any such contractor. WTiere required by City ordinance, the contractor shall first obtain a license from the City. (d) Prc-Construction Conference - Prior to the start of any construction, the Developer and the Developer's Contractor shall meet with the responsible City official to rev lew construction plans and schedules. (e) Permits - Prior to the start of any construction, the Developer's Contractor shall apply for and receive all necessary permits from the City and/or government agencies having jurisdiction. Permits - Prior to the start of any construction, the Developer ’s Contractor shall apply for and receive all necessary permits from the City and/or government agencies having jurisdiction. Required City permits relative to the Improvements include the following: Site Grading Permit; Utility Construction Permit; Sewer and Water Connection Permits. Page 6 of 14 _J (g) Construction • 1110 construction, installation and materials shall be in accordance with the plans and specifications approved by the City. (g) Insurance - The Developer will cause each person who constrtKts and installs any Improvement to maintain complete insurance coverage including Workmen's Compensation. Liability and Property Damage. 12. Performance Deposit : For the purposes of assuring to the City that the Improvements will be completed according to the terms of this agreement, and that the Developer w ill pay or will cause to have paid all claims for work done and materials and supplies furnished, the Developer or his General Contractor will deposit with the City prior to issuance of site grading and building permits an irrevocable letter of credit in a form sutisfuctoiy to the City providing that the City is able to draw upon such letter of credit in its sole discretion to complete the Improvements if the Developer fails to satisfactorily complete the work prior to the completion date specifit*d in Section 11 above. The amount of such deposit is $_____per the schedule to be attached to this document as Exhibit H. The amount of such deposit shall not be reduced before substantial completion of the Improvements. The letter oferedit shall expire no sooner than six months aficr the completion date specified in Section 11 above. 13. Fees and tlxpcnses: The Developer agrees to pay all City fees required per the current City- Fee Schedule and further agrees to completely reimburse the City for all the variable additional expenses it incurs in regard to the review and approval of the Improvements including, but not limited to. direct City pa>ToII and overhead, costs, and fees paid to consultants and other profe.ssionals, which are not covered by City application fees. 14. Maintenance. The Developer shall be resrK>nsible for maintenarK'e of all privately owned Improvements including roads, sidewalks, and storm sewers, regardless whether easements for such improvements have been granted to the City. Developer shall permanently maintain site lighting, signage and landscaping consistent with the appnned Plans for said improvements. Upon satisfactory completion of construction of sew er and w ater mains on the site, developer shall transfer ownership of said main lines to the City, and the City shall henceforth maintain said sewer and water mains. Developer shall be responsible for maintenance of all sewer and water lines that are defined as "connections" as indicated on the approved Utility Plan. Developer shall be responsible for ensuring that the appearance and design of the building are maintained per the approved building and construction plan, and shall be responsible for ensuring that the site amenities and features as shown on the approved site plan ore maintained per said plan. Page 7 of 14 Developer Representations and Covenants . The Developer hereby makes the following representations and covenants: (a) The Developer has the legal authority and pow-er to enter into this Agreement. (b) The Developer reasonably expects to obtain financial resources sufficient to enable the completion of the Improvements. (c) The Developer will, subject to the requirements of Section B • Installation and Maintenance of Improvements hereof, construct, operate and moinuiin the Improvements in accordance with the terms of this Agreement and all local, state and federal laws and regulations, and will construct or pay the costs of construction of any site improvements, utilities, landscaping, stormwater management facilities, roads, parking facilities which are necessar>’ in connection with the construction and such improvements. At such time or times as may be required by law, the Developer will have complied with all local, state and federal environmental reviews, licenses, and will he in compliance with the requirements of federal, state, and local authority. (c) The Developer will obtain, in a timely manner, all required pennits, licenses and approvals, and will meet, in a timely manner, all requirements of all local, state, and federal laws and regulations w hich must be obtained or met before the Improvements may be constructed. (f) It is intended and agreed that the covenants provided in this Section shall be covenants running with the land not the owner or developer. City Representations and Covenants: The City' makes the following representations as the basis for the undetioking on its part here in contained: (a) The City is authorized by law to enter into this Agreement and to carry out its obligations hereunder. (b) The City will, in a timely manner, subject to all notification requirements, review and act upon oil submittals and application of the Developer and will cooperate with the effort of the Developer to secure the granting of any permit, license, or other approval Page 8 of 14 required to construct and operate the Improvements; provided, however, that nothing contained in this subparagraph shall be construed to limit in any way the reasonable and legitimate exorcise of the City’s discretion in considering any submittal or application. (c) The Development Properly is zoned for purposes which include the De\ elopment as proposed. The city has issued all necessary commercial site plan review approvals, and plat approval of Orono Woods Addition. 17. Compliance. At any time and from time to time the Developer may request that the City provide the Developer a certificate certifying that that the terms and provisions of this Agreement have been complied w ith and that this PUD Agreement is in full force and effect with respect to the development for the purpose of facilitating sale, mortgage, insurance or other matters. To the extent that there be any bona fide defaults in such compliance, the Developer shall be afforded a reasonable time to bring the development into conformance, and thereafier the City shall be obligated to provide such certificate. 18. Bindinu Fffect: The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of tlie parties hereto and shall be binding deemed covenants running with the land. References herein to Developer, if there bo more than one. shall mean each and all of them. This agreement at the option of the City shall be placed of record so os to give notice hereof to any subsequent purchasers and encumbrancers of all or any part of the property. 19. Notices: Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States certified mail (return receipt requested) to the addresses set forth below. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. Notice to City City ofOitno Clerk/Administrator P.O. Box 66 Cry stal Day, MN 55323 Notice to Developer Frank Dunbar. Chief Manager Orono Ambar. LLC c/o Dunbar Development Corporation 5000 Glcnwood Avenue Golden Valley, MN 55422 Parties may substitute notice pro\isions upon notice to other parties. Page 9 of 14 20. Incofporation bv Reference: All plans, special provisions, proposals, specincations and contracts for the Improvements furnished and let pursuant to this agreement shall be and hereby are made a part of this agreement by reference as fully as if set out herein in full. 21. L Disclaimer bv Citv: It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer or Developer's contractors, subcontractors, materialmen. laborers, or any other person, firm or corporation, for any debt, claim, demand, damages, actions, or causes of action of any kind or character. ari.sing out of or by reason of the execution of this agreement or the performance and completion of the Improvements. Hold Harmless and Indemnification: The Developer shall indemnify and hold harmless the City, the City Council, and the agents and employees of the City from and against all claims, damages, losses or expenses, including attome>’ fees, which the City, Cit>' Council and agents and employees of the City may suffer or for which it may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of this agreement by the Developer, its employees, agents or sub* contractors, whether or not coused in part by a party indemnified hereunder. Remedy for Default: Default by the Developer of any of the terms of this agreement shall automatically result in the su.spension or w ithholding of all permits, licenses, occupancy certi ficates or other authorizations issued by the City in connection w ith the property inc 1 uded in this development. The remedies afforded to the City under this Section shall be in addition to any other remedies to which the City may be entitled by law or other agreement. Default by the City shall entitle the Dcvelcper to seek injunctiv&'mandatorx' relief through the courts, together with other relief os the law may provide. Riuht of Entry. The Developer hereby grants to the City, its agents and its employees, the right to enter on the property for the specific purpose of constructing or completing any and all of the agreed upon Improvements should the Developer not complete those Improv enients by the date specified in Section 11. Controlling Agreement. To the extent that there is any dilTerence or ambiguity between this Planned Unit Development Agreement and other agreements between the City and the Dev eloper, this Planned Unit Development Agreement shall control. Page 10 of 14 IN WITNESS WHEREOF, the City and the Dc\cIoper have caused this agreement to be duly executed on the day and year first above uritten. In Presence of:CITY OF ORONO (Mayor) (City Clerk) DEVEI OPER Reviewed for Administration: By:. (Title) Date:By:. This instrument was drafted by: City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55356 (Planning Director) By:. (City Administrator) Page 11 of 14 IN WITNESS WHEREOF, the City and the Developer have caused this agreement to be duly executed on the day and year first above \%Titten. In Presence of: Reviewed for Administration: Date: This instrument was draAed by: City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay. MN 55356 iJiL CITY OF ORONO (Mayor) By:. (City Clerk) DEVLLOPER (Title) (Planning Director) (City Administrator) Page 11 of 14 (NOTARIZATION PAGES) Page 12 of 14 liifiirihtilkirrirftfii (NOTARIZATION PAGES) LIST OF EXHIBITS Pagel3ofl4 1 Exhibit A............................ Site Plan Exhibit B............................ Grading. Drainage and Erosion Control Plan Exhibit C............................ Utility Plan Exhibit D........................... Building Plans & Elevations Exhibit E............................ Landscaping Plan Exhibit F............................ Lighting Plan Exhibit O........................... Signage Plan Exhibit H........................... Site Improvements Cost Estimate Exhibit I............................. Letter by Hugh M. Mayiuird dated 4/24/01 regarding Sewer Replacement Exhih'* 1............................ Agreement for Sewer Replacement (City to draft. Rebers to sign) Page 14 of 14 Rc%bcd Drafl 7/J0«l Rctiscd a/13/01 Revised 9/2-t/Ol Revised 10/17/01 CITY OF ORONO lIFNNKPIN COUNTY. MINESOTA PLANNED UNIT DENXLOPMENT NO. 2B AGREEMENT FOR ORONO WOODS APARTMENTS (Name of Development) ORONO SENIOR HOUSINfi L.L.C. (Name of Developer) THIS AGREEMENT, made and entered into this day of .. 2001, by and between the City of Orono. a niunici|>al corporation organized and existing under tlie laws of the State of Minnesota (hereinaOer culled "City"), aid Orono Senior Housing, LLC. a wholly owned subsidiary of Wedum Foundation, a Minnesota non-profit corporation, its heirs, successors and assigns (hereinafter called "Developer"). WITNESSETH: WHEREAS, the Developer has made application to the City Council for approval of a Planned Unit Development rezoning application (PUD) including a comprehensive plan amendment, subdivision to create two buildablc lots, and site plan review and approval, for the purpose of developing a 62-unit Senior Housing residential building; and WHEREAS, the Senior I lousing component of the development meets the goals established by the City of Orono in its Community Management Plan for provision of lifecyele and affordable housing for residents 62 years of age and older, and WHEREAS, because the Senior Housing Building component of the Development meets housing goals established by the City of Orono, the City Council has agreed to provide financial assistance to the Developer for the Senior I lousing component, via Tax Increment Financing. Under the terms of this agreement and the laws of the State of Minnesoui, certain costs to be incurred by the Developer are eligible for TIF reimbursement, including but not necessarily limited to land Page 1 of 17 acquisition, road/curb/guttcrand storm ix'vvcr improvements, grading and related site improvements, sewer connection fees, and park dedication fees. Certain additional costs to be incurred by the City in direct relation to the Senior Housing Building component are eligible for TIF reimbursement, such costs including but not necessarily limited to sidewalk expansion and replacement, public street lighting, burial of existing overhead power lines, installation of semaphore and related improvements at Brown Road North and Highway 12, and re-striping and/or widening of Highway 12 to aecommodate the si>uth access point; and WHEREAS, the City of Orono has adopted a development program and tax increment Financing plan to finance a portion of the development costs for the Senior Housing conirKUienl of the development; and WHEREAS, the City of Orono has created ana established a Tax Increment Financing District (the "TIF District") pursuant to the authority granted by Minnesota Statutes; and WHEREAS, on March 12. 2001 the City Council granted Concept Plan Appro\al for development of a 62-unit building for senior housing use (the "Senior Housing Building") and a 25.000 s.f. general office building (the "Office Building") per Resolution No. 46 1 9. on the condition that the Developer enter into this agreement to provide forconfomiance with the City's Planned I ’nit Development (PUD) ordinances, to provide for the installation and maintenance of improvements, and to establish and document the conditions of approval for the Tax Increment Financing (TIF) asstKiat.’d with the development. NOW, THEREFORE, in consideration of the premises, and of the actual promises and conditions hereinaficr contained, it is hereby agreed as follows: A. Ceneml Terms and Conditions 1. Property Description. Outlet F. Sugar Woods according to the plat thereof on file in the otTice of the Registrar ofTitles of Hennepin County, Minnesota (sometimes herein referred to os the "Property"). The property description to which this Agreement for the Senior flousing component of the development applies is Lot 2, Block 1. Orono Ambar. 2. Zonine . The property is zoned os a Planned Unit Development under the Orono planned unit development ordinance with underlying RPUD zoning for the Senior Housing component on Lot 2. Page 2 of 17 Permitted Uses. Within Lot 2 the only permitted principal structure is the 3*stor>‘ 62-unit Senior Housing Building with underground parking in the basement level and additional surface parking os depicted in the approved site plan (K&hibit A) and approved building plans and elevations (Exhibit ’J). This building is to be used solely for Senior I lousing under the terms of this agreement. Within Lot 2 the only accessory structures allowed shall include: a) Trash enclosures attached to the principal structure, consUucted of materials comparable to and compatible with those of the principal structure; and b) Monument identification signs per the approved plans. Within Lot 2. an occcssoiy recreational structure such as a gazebo shall be allowed subject to City Council approval of the design, size and location but without the need to amend this PUD agreement. No other accessor) slaictures arc permitted except by amendment of this agreement. Users shall be obligated to conform to the provisions of this PUD agreement. The foregoing uses ore permitted pursuant to this PUD agreement. Site Access. Internal circulation for Lot 2 shall be via a new prisotc road to be developed within Lots 1 and 2. Block I. Orono Ambar. The private road shall serve the uses for both Lots I and 2. The easterly access point for the private road sliall be at Brown Road North per the site plan attached as Exhibit A. The easterly access point shall allow full entrance and c.xit movements to North Drown Road. A single direct access to I lighway 12 shall be developed at a location approximately 500 feet west of the intersection of Brown Road and Highway 12. Thi.s direct access shall be restricted to westbound right-in/right-out turning movements, and shall be subject to MnDOT design approval. A third access point located near the northwest comer of Lot 1 shall provide for future access to a future public road which may be constructed within Outlot D. Sugar Woods. At such lime dial a public road is constructed within said Outlot D. the City shall have the right to connect such public road to the internal rood system within Lots 1 and 2 for the purpose of providing additional ingress/egress options for Lots I and 2 os well as provide ingress/egress options for properties west of Lot 1. Page 3 of 17 The Developer shall grant to the City public road, drainage and utilities easements over the private road corridor including all surface parking areas, in order that future public use of the road\\ays is ensured in the event that a future connection to the west is established. Developer shall grant cross easements between Lots I and 2 to ensure full use of the internal private road system until such time that the City exercises its easement rights to convert all or a portion of the internal road system to a public road status. It is specifically agreed that the City is not obligated to maintain the private internal road system until such time that the City chooses to convert all or a portion of the internal rood system to a public road, and construction of an access connection to a public road in Oullot D. Sugar Woods shall not automatically terminate the private road status of the internal road system. Access improvements that arc the responsibility ofthe developer shall include establishment of the right-in/right*out access curbing for the southerly access. Any turn-lane or acceleration lane improvements or re-striping that may be required by MnDOT for that access shall be the responsibility ofthe City. Other access improvements that will be the responsibility of the City sliall include establishment of the semaphore and related improvements at the intersection of Brown Road North and Highway 12. Building Design and Construction. The Senior Housing building on Lot 2 shall be constructed according to the plans on file with the City. The plans indicate a 2-3 story. 62- unit senior housing apartment building with parking on the basement level. The westerly 2/3 ofthe building is 3 stories in height, the easterly 1/3 is 2 stories in height. The building has a standard shingle hip roof system at an established pitch of .^:12 to minimize the impacts ofbuilding height, fhe exterior ofthe building shall be constructed from materials consistent with the approved plans attached as Exhibit D. Any accessory structures on Lot 2. if approved, shall be of the same exterior finish and colors os the senior housing apartment building. Construction of the building on Lot 2 shall be in conformance w ith the building codes and regulations adopted by the City of Orono. Any changes to the gross square footage, footprinl/w all/roof dimensions, defined building height or number of dwelling units shall require a prior amendment to this Agreement. Paged of 17 I andscaoing. The approved landscaping plan attached to this Agreement as Exhibit E shall be strictly adhered to. The Developer shall provide vegetative screening tvithin the dcHned rear yard of the senior housing apartment building to minimize the visual impact on the adjoining residential properties. Within Lot 2, Developer shall minimize to the greatest extent possible the removal of existing trees and vegetation along the perimeters of the property, and where feasible shall retain existing trees along the southerly K>undar> during construction until their removal is necessary to complete the approved landscape plan. The construction limits shall be clearly marked with adequate fetKing to prevent construction damage or disturbance of any trees and vegetation outside of the defined construction limits. Retaining walls to be constructed on Lot 2 os shown on the approved plans shall be of decorative concrete kcystonc*typc block construction of an eorthtone color and shall be limited in height and length to the extent necessary to accomplish their intended purpt)se. IJghting. Site lighting shall adhere to the approved lighting plan attached hereto os Exhibit F. All lighting fixtures shall be located and constructc*d so as to direct light away from the adjacent residential neighborhood. 8.Signage . Signage on the site shall be limited to the required traffic control signage, and to monument signs provided by the developer at each entrance to the site. The monument signage shall be limited to a company or development name and/or logo and street address. Design and materials of monument signage shall adhere to the approved Signage Plan attached hereto as Exhibit G. Parking and traffic control signage shall be installed subject to City staff ainl City Engineer approval, including required stop signs within the parking lots and ser\ ice drive to ensure safety of pedestrians in parking areas and crossing points. B. Installation and Maintenance of Improvements Improvements. In accordance with the policies and ordinances of the City of Orono. the following described public or private improvements (hereinafter collectively called the "Improvements") shall be constructed, installed and maintained by the De\ eloper according to the temis and conditions contained in this PUD Agreement: Site grading, roadways and driveways, curb and gutter, parking lots, sidew’alks. retaining walls and all necessary erosion control measures per the approved Grading. Drainage & Erosion Control Plan attached hereto os Exhibil B (hereinafter called "site grading and roadway improvements"); Page 5 of 17 Sanitary sewer and water lines and facilities (hereinafter called "sewer and water improvements") and storm sewer lines and facilities (hereinafter called "stormwater improvements") per the approved Utility Plan attached hereto as Eihibil C. Relocation of the existing gravity sew er line extending from Brown Road North to the lift station near the southeast comer of I ot 2, as required by the City pursuant to the letter attached hereto as Exhibit I and the agreement attached hereto as Exhibit J. shall be the responsibility of Sidney B. Rcbers, seller of Outlot F. Sugar Woods. Underground natural gas. electric, cable and telephone serx ice to be arranged by Developer with the utility companies involved (hereinafter called the "other utility improvements"); (d) Landscaping and site revegetation improvements per the approved Landscaping Plan attached hereto as Exhibit E (hereinafter called "landscaping improvements"). Trallic control signage subject to approval by the City Engineer and Public Sen ices Director. The above Phase 1 improxements arc further detailed witliin the Site Improvenicnts Cost Estimate attached hereto as Exhibit II: Construction Plans : Detailed plans and specifications for the complete installation of the Improvements shall be submitted by the Developer for the approval of the City of Orono prior to issuance of applicable City permits. The Plans and Specifications shall conform to all current City standards for all applicable work and shall comply with the terms of this PUD Agreement 11. Construction of Improvements; (a) Commencement Date - The construction of Improvements shall begin no later than December 31.2001. (b) Completion fhitc - All Improvements shall be completed no later than December 3 1 . 2002. Page 6 of 17 Contractors - The Developer shall select, retain and supervise the Contraclor(s) responsible for Improvement construction. The City reserves the right to require satisfactoiy proof of successful experience and adequate financial status of any such contractor, ^^l1crc required by City ordinance, the contractor shall first obtain a license from the City. Pre-Construction Conference - Prior to the start of any construction, the Developer and the Developer ’s Contractor shall meet with the responsible City utlicial to rev iew construction plans and schedules. Permits - Prior to the start of any construction, the Developer's Contractor shall apply for and receive all necessary permits from the City and/or government agencies having jurisdiction. Required City permits relative to the Impn>venients include the following: Site Grading Permit; Utility Construction Pemiit; Sewer and Water Connection Permits. Construction • The construction, installation and materials shall be in accordance with the plans and specifications approved by the City. Insurance • 'Hie Developer will cause each person who constructs and installs any Improvement to maintain complete insurance coverage including Workmen's Compensation. Liability and Property Damage. Performance Deposit : For the purposes of assuring to the City that the Improvements will be completed according to the terms of this agreement, and that the Developer w ill pay or will cause to have paid all claims for work done and materials and supplies furnished, the Developer or his designated General Contractor will deposit with the City prior to the City’s issuance of site grading and building permits an irrevocable letter of credit in a form satisfactory to the City providing that the City is able to draw upon such letter of credit in its sole discretion to con plete the Improvements if the Developer fails to satisfactorily complete the work prior to the completion date specified in Section 11 aK>ve. The amount of such deposit is $461,408 per the schedule attached to this document os Exhibit H. The amount of such deposit shall not be reduced before substantial completion of the Improvements. The letter of credit shall expire no sooner than six months afler the completion date specified in Sc*ction 11 above. Page 7 of 17 13.Fees and Expenses: The Developer agrees to pay all City fees required per the current City Fee Schedule and further agrees to completely reimburse the City for all the \ariablc additional e.xpenses it incurs in regard to the review and approval of the Improvements ir.cluding, but not limited to. direct City pa>Toll and overhead, costs, and fees paid to consultants and other professionals, which arc not covered by City application fees. Maintenance : The Developer shall be responsible for maintenance of all privately owned Improvements including roads, sidewalks, and storm sewers, regardless whether easements for such improvements have been granted to the City. Developer shall permanently maintain site lighting, signage and landscaping consistent with the approved Plans for said improvements. Upon satisfaetors- completion of construction of sewer and water mains on the site. Developer shall transfer ow nership of said main lines to the City, and the City shall henceforth maintain said sewer and water mains. Developer shall be responsible for maintenance of all sewer and water lines that are defined as "connections" os indicated on the approved Utility Plan. Developer shall be responsible for ensuring that the appearance and design of the building arc maintained per the approved building and construction plan, and shall be responsible for ensuring that the site amenities and features os shown on the approved site plan are mainuiined per said plan. C. Senior Houiinf Puraiion 15.City Intent and Conditions for Senior Housing Building. It is the intent of the City of Orono that the Senior Housing Building be used for the purpose of senior rental housing for perstms age 62 and older for the longest practicable period of time, with rental priority given to area residents. In order to achieve this intent, the Dcselopcr agrees to the following conditions which are hereby established as part of this PUD Agreement: In order to maximize the length of time that the City can exert control over the use of the Senior Housing for its intended purpose, the City intends to purchase Lot 2, Block 1. Orono \\'oods Addition from the Developer prior to the commencement of construction for the sum of SI.00 (one dollar) and other good and valuable considerations. The City will then lease said Lot 2 to the Dev eloper Uuilding Owner for a period of ninety-nine (99) years, at on annual rent of $1.00. Hte lease shall include the following general terms: The lease shall be written to prohibit rental to other than seniors during the term of the lease. Page 8 of 17 2) At the end of the 99->'ear lease teim. the City will sell Lot 2 back to the Developer/Ch^Twr for the sum of SI .00. (b) During the 99 >'ear term of the lease, the building shall be owned and operated by a non-profit corporation. (c) During the term of the Tir funding as described in this document, the Developer shall limit the rental price of 20% of the units per the TIF Agreement, and all 62 units shall be used only for housing of seniors age 62 and older, with rental preference given lo Orono residents, per the terms and conditions of the "Senior I lousing Restriction" and the "Orono Preference Requirement" os stated within that certain document entitled "IX'velopment Agreement Relating to Orono Woods Apartments (Including Ta\ Increment Financing District No. 1-1) Betw een City of Orono. Orono Housing and Redevelopment Authority and Orono Senior Housing. LLC" (hereinaRer the "Development Agreement"). (d) The City has agreed to defer Sewer and Water Connection Fees in the amount of $40,838 and Park Dedication Fees in the amount of $161.200 that would oiher\sise be due at the time of development of the Senior Housing. Such fees (hereinafter "deferred improvement costs") shall be payable only in the event that the Developer violates the "Senior Housing Restriction" as set forth in the "IXvelopment Agreement". In that event such fees shall be immediately due and payable together with interest on the deferred amounts computed at the rate of 7% per annum from the date of said "Development Agreement". If there is no incurred default under section 3.2 of the "Development Agreement" on the date specified in said Agreement, the fees are forgiven and the City shall look solely to to ta.x increment from the TIF District for the reimbursement of such fees. Developer Representations and Covenants. The Developer hereby makes the following representations and covenants: (a) The Developer has the legal authority* and power to enter into this .Agreement. (b) Tlic Developer reasonably e.xpects to obtain financial resources which, when combined with the assistance hereunder, will be sufficient to enable the completion of the Improvements. Page 9 of 17 The Developer will, subject to the requirements of Section B - Installation and Maintenance of Imprctvcments hereof, construct, operate and maintain the Improvements in accordance with the terms of this Agreemcm. the requirements of the TIF District and all local, state and federal laws and regulations, and will construct or pay the costs of construction of any site improvements, utilities, landscaping, stormwater management facilities, roads, or parking facilities w hich ore necessary in connection with the construction and such impro\ ements. At such time or times as may be required by law. the Developer w ill have complied with all local, state and federal environmental reviews, licenses, and will be in compliance with the requirements of federal, state, and local authority. Tlie Developer will obtain, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all local, state, and federal laws and regulations which must be obtained or met before the Improvements may be constructed. 1lic Developer ocknow ledges that the TIF District is a "housing district" as defined in Section 469.174. Subdivision 11, of the TIF Act and. as such, is subject to the limitations providc*d in Minnesiita Statutes, Section 469.1 74. Subdivision 11 and Section 469,1761. Subdivision 3 (together, the "Restrictions"). The Developer covenants that it will, with respect to the ImproNcments, observe and comply, and that it will cause the require any of its permitted successors and assigns to observ e and comply with such Restrictions. In particular, and without limitation, the Developer covenants that at all limes prior to the expiwtion of the Term the use of the property shall continue to qualify os a "housi .strict" under the TIF Act; specifically, that not less than 20% of the housing inits shall be rented to tenants hav ing omiual income less than 50% of area median gross income. At least oikc annually, the Developer or Owner agrees to prov ide evidence satisfactory to the City of Orono of compliance with the applicable income limiuition. including without limitation the total number of rental units during any reporting period and income verifications. It is intended and agreed that the covenants provided in this Section shall remain in effect throughout the Terms and shall be covenants running with the land not the owner or developer. Page 10 of 17 City Rcprcacntations and Covenants: The City makes the following representations as the hosis for the undertaking on its part here in contained: llic City is authorized by law to enter into this Agreement and to carry out its obligations hereunder. The City will, in a timely manner, subject to all notification requirements, review and act upon all submittals and application of the Developer and will cooperate with the effort of the De\ eloper to secure the granting of any permit, license, or other approval required to construct and operate the Improvements; provided, however, that nothing contained in this subparagraph shall be constmed to limit in any way the reasonable und legitimate exercise of the City ’s discretion in considering any subniilial or appl''"'»ion. The Development Property is zoned for purptises which include the De\ elopment as proposed. The city has issued ail necessary residential plamted unit development (RPUD) approval, and plat approval of Orono Woods Addition. The City has duly taken such steps as it is required to take to approve the 'HI' District and TIP Plan pursiiant to and in accordance with the Til' Act and the City covenants to discharge such future obligation. The City acknowledges that, us a housing TIP District, the TIP District is subject to specific requirements and limitation under the TIP Act, including the requirements that: The increment be expended in accordance with the TIP Plan (Section 469.176. Subdivision 4) and solely to finance the cost of "housing projects", as defined in Seelion 469.174, Subdivision II, which may include the cost of public improvements directly related to the housing projects und allocated administrative expenses (469.176, Subdivision 4d) The income limitations under Section 469.1 761 . the violation of which may limit the TIP District’s duration to that of an economic development district (Section 469.1761. Subdivision 4) The disqualification of a project if the fair market value of its improvements which are constructed for uses other than low and oderatc income housing exceeds 20% of the total fair market value of the planned improvements in the development plan or agreement (Section 469.174, Subdivision II). Page II of 17 17. City Representations and Covenants: The City mokes the follouing representations as the basis for the undertaking on its part here in contained: (a) The City is authorized by law to enter into this Agreement and to cany out its obligations hereunder. (b) The City will, in a timely manner, subject to all notification requirements, review and act upon all submittals and application t>f the Developer and will ciMiperate with the cfToit of the Developer to secure the granting of any permit license, or other approval required to construct and operate the improvements; provided, however, that nothing contained in this subparagraph shall be construed to limit in any way the reasonable and legitimate e.xercise of the City ’s discretion in considering any submittal or api cation. 'Ilic Development Property is zoned for purposes which include the Development as proposed. The city has issued all necessary' residential planned unit development (RPUD) approval, and plat approval of Orono Woods Addition. The City has duly taken such steps os it is required to take to approve the 1 11- District and TIP Plan pursuant to and in accordance with the Til- Act and the City coveuants to discharge such future obligation. The City acknowledges that, as a housing TIP District, the TIP District is subject to specific requirements and limitation under the TIP Act. including the requirements that: (I) The increment be expended in accordance with the TIP Plan (Section 469.176. Subdivision 4) and solely to finance the cost of "housing projects", os defined in Section 469.174, Subdivision 11. which may include the cost of public improvements directly related to the housing projects and allocated administrative expenses (469.176, Subdivision 4d) The income limitations under Section 469.1761, the violation of which may limit the TIP District’s duration to that of an economic development district (Section 469.1761. Subdivision 4) The disqualification of a project if the fair market value of its improvements which arc constructed for uses other than low and i .oderate income housing exceeds 20% of the total fair market value of the planned improvements in the development plan or agreement (Section 469.174. Subdivision 11). Page 11 of 17 Compliance with some of these restrictions is within the control of the City and compliance with some of these restrictions is within the control of the Developer and'or Owner. (4) The City has agreed to defer Sew er and Water Connection Fees in the amount of S40.838 and Park Dedication Fees in the ainount of $161.200 that would otherwise be due at the time of development of the Senior Housing. The City w ill reimburse itself for these deferred fees via TIF proceeds as described in the "Development Agreement” us K»n«’ as there is no default by the Developer under the terms of that Agreement. (c) The City covenants not to take any actions, including w ithout limitation any approval of the expenditure by the City of increment from the ilF Histrict not applied toward payment of the TIF Note, which would violate the TIF Act. invalidate the Til* District in whole or in part or adversely affect the tax increment payment obligations to the Developer under this Agreement or the TIF Note Nothing in this subsection shall diminish the Developer’s obligations under this Agreement or create any liability of the City respecting an Event of Default, i he City shall promptly give the Developer written notice and copy of any lawsuit or similar proceeding, or any threat thereof, and of any communication from the OITicc of the State Auditor, the Department of Revenue. Hennepin County or other public onicial which questions the propriety or legality of the 1 IF District or the expenditure of its incremenu Comnliance . At any lime and from lime to lime the Developer may request that the City provide the Developer a certificate certifying that that the terms and prox isions of this Agreement have been complied with and that this PUD Agreement is in full force and efleet with respect to the development for the purpose of facilitating sale, mortgage, insurance or other matters. To the extent that iJ.erc be any bona fide defaults in such compliance, the Developer shall be alTordc ' a reasonable time to bring the development into conformance, and thereafier the City shall be obligated to provide such certificate. Binding Hffcct: The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and asjigns of the parties hereto and shall be binding deemed covenants running w ith the land. References herein to Developer, if there be more than one, shall mean each and all of them. This agreement at the option of the City shall be placed of record so as to give notice hereof to any subsequent purchasers and encumbrancers of all or any part of the property. Page 12 of 17 Notices: Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be dcli\ cred personally or mailed by United Slates certified mail (return receipt requested) to the addresses set forth below. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. Notice to Citv Notice to Developer City of Orono Clerk/Administrator P.O. Box 66 Crystal Bay. MN 55323 James CtH>per, Chief Manager Orono Senior Housing, LLC c/o Dunbar De\ elopment Corpomtion 5000 Glenwood Avenue Golden Valley, MN 55422 cc: Wedum Foundation Parties may substitute notice provision.s upon notice to all other parties. 21. Incorporation bv Reference: All plans, special provisions, proposals, specifications and contracts for the Improvements furnished and let pursuant to this agreement shall be and hereby arc made a part of this agreement by reference a.s full) as if set out herein in full. 22. Disclaimer bv Citv: It is understood and agreed that the City, the City Council, and the agents and empIo>ees of the City shall not be personally liable or respt^nsible in any maimer to the Developer or Developer's contractors, subcontractors, materialmen, laborers, or any olhti person, firm or corporation, for any debt, claim, demand, damages, actions, or causes of action of any kind or character, arising out of or by reason of the execution of this agn.*ement or the performance arni completion of the Improvements. Hold Hannlessand Indemnification: The Develojicr shall indemnify and hold hanniess the City, the City Couiwil. and the agents and empknees of the City from and against all claims, damages, losses or expenses, including attorney fees, which the City. City Council and agents and employees of the City may sulTer or for which it may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of this agreement by the Developer, its employees, agents or sub contractors. whether or not caused in part by a party indemnified hereunder. Page 13 of 17 24. Remedy for Defai. i: Default by the Developer of any of the terms of this agreement shall automatically result in the suspension or withholding of all permits, licenses, occupancy certificates or other authorizations issued by the City in connection with the property included in this development. The remedies afforded to the City under this Section shall be in addition to any other remedies to which the City may be entitled by law or other agreement. Default by the City shall entitle the Developer to seek injunctive/mandatory relief through the courts, together with other relief as the law may provide. 25. Right of Entry . The Developer hereby grants to the City, its agents and its emplovtres, the right to enter on the property for the specific purpose of constructing or completing any and all of the agreed upon Improvements should the Developer not complete those Improvements by the date specified in Section 11 . 26. Controlling Agreement . To the extent that there is any dinfcrence or ambiguity between this Planned Unit Development Agreement and other agreements between the City and the Developer, this Planned Unit Development Agreement shall control. (The balance of this page intentionally lefi blank) Page 14 of 17 IN WITNESS WHEREOF, the City and the Developer have caused this agreement to be duly executed on the day and year first above \^Titten In Presence of: Reviewed for Administration: Dale: This instrument was drafted by: City of Orono 2750 Kelley Parkw-ay P.O. Box 66 Crystal Bay. MN 55356 iriiiAfc CITY OF ORONO (Mayor) (City Clerk) DEVELOPER (Title) (Planning Director) By:. (City A'lministrator) Page IS of 17 (NOTARIZATION PAGES) Page 16 of 17 __ (NOTARIZATION PAGES) L- Page 17 of 17 LIST OF EXHIBITS Exhibit A......................... Site Plan Exhibit B......................... Grading. Drainage and Erosion Control Plan Exhibit C......................... Utility Plan Exhibit D........................ Building Plans & Elevations Exhibit E......................... Landscaping Plan Exhibit F......................... Lighting Plan Exhibit G....................... Signage Plan Exhibit H........................ Site Improvements Cost Estimate Exhibit I.......................... Letter by I lugi. M. Ma>nard dated 4/24/01 regarding Sevier Replacement Exhibit J......................... Agreement for Sewer Replacement (City to draft. Rebers to sign) Page 18 of 17 ORDINANCE NO., SECOND SERIES AN ORDINANCE AMENDING THE MUNICIPAL CODE OF ORONO AND AMENDING THE OFFICIAL ZONING MAP BY REZOMNG PROPERTY WITHIN OUTLOT F. SUGAR WOODS, HENNEPIN COUNTY, MINNESOTA FROM B-1 RETAIL SALES BUSINESS DISTRICT TO B^ HIGHW AY COMMERCIAL DISTRICT OR RPUD RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT AND ADDING SECTION 10J3 SUBDIVISION 9 REGARDLNG PLANNED UNIT DEVELOPMENT NO. 2 - FILE «640 WHEREAS, the City of Orono is a municipal coqxuution organized and existing under the laus of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has approved the replatting of Outlet F, Sugar W'oods, Hennepin County. Minnesota into Lots I and 2. Orono Ambar. Hennepin County', Minnesota; and WHEREAS, the City Council has approved the rezoning of said Lots I and 2 per the findings, terms and conditions of Resolution No._______adopted___________. 2001. and the ceratin PI D Agreement between Dunbar Development Corporation and the City of Orono dated _______, 2001. NOW, THEREFORE, HIE CITY COUNCIL OF THE CITY OF ORONO DOES HEREBY ORDAIN: Section 1. Hie Municipal Code of Orono is amended by amending the onicial zoning map and zoning district boundaries for the property described as follows: Lot I, Block 1. Orono Ambar. Hennepin County, Minnesota. Said property is hereby rezoned from B-1 Retail Sales Business District to B-6 Highway Commercial District. Section 2. The Municipal Code of Orono is amended by amending the official zoning map and zoning district boundaries for the property described as follows: Lot 2. Block 1. Orono Ambar, Hennepin County, Minnesota. Said property is hereby rezoned from B-1 Retail Sales Business District to RPUD Residential Ploruied Unit Development District Page i of3 SectioB3. as follows: The Municipal Code of Orono is amended b>’ adding Section 10.53. Sutxl.9 to read "Subd. 9. PLANNED UNIT DEVELOPMENT NO. 2 - DUNBAR PUD: A. Legal Description. The PUD is legally described as Lots I and 2. Block 1. Orono Ambar. Hennepin County, Minnesota. B. Lot 1. Block 2, Orono Ambar when referenced individually shall be hereinafter referred to as PUD NO. 2A. Lot 2. Block 1, Orono Ambar when referenced individually shall be hereinafter referenced as PUD NO. 2B. C. Incorporated herein by reference are the DUNBAR PUD plans received by the City on___________. 2001, on file in the OfTicc of the Zoning Administrator under File #2640/2641. D. Allowable Uses. The uses allowed in the PUD are as follows: 1) Uses allowed in PUD NO. 2A arc an> permitted or accessory uses allowed in the B-6 highway Commerc a! District. 2) Uses allowed in PUD NO. 2B include the following: a) Senior independent living housing, limited to one (1) building, subject to the performance sta idords of the RPUD Zoning District and as further limited v ithin City Council Resolution No.____on flic in the Ofllc.* of the Zoning Administrator under File #2640/2641. b) Any acccssoiy use os regulated in the RPUD District. e.xcept as further limited within City Council Resolution No.____ on file in the OfTice of the Zoning Administrator under File #2640/2641. E. Development Standards. Development standards shall be as indicated on the approved PUDGencral Development Plan as documented withinCity Council Resolution No.___on file in the OfTicc of the Zoning Administrator under File #2640/2641." Page 2 of3 Section 4. This ordinance shall be published in 11k Laker and The Pioneer newspaper and shall be effective upon publication. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 22nd day of October, 2001 by a vole of___ayes and___nays. ATTEST:Barbara A. Peterson, Mayor Linda S. Vee, City Clerk Page 3 of 3 - J 'n'o!G- DliVELOPMHNT AGREEMENT Relating to ORONO WOODS APARINIEN TS (Including Tax Increment Financing District No. 1*1) Between CITY OF ORONO ORONO HOUSING AND REDEVELOPMENT AUTHORITY and ORONO SENIOR HOUSING, I.LC This Instrument Dratkd by: Facgrc & Benson LLP 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, Minnesota 55402-3901 Telephone: (612)336-3000 DEVELOPMENT AGREEMENT TIfIS AGREEMnN*r, made and entered into as of this__day ofOctoKT, 2001. by and among the CITY OF ORONO, a Minnesota municipal corptiration having its principal office at 2750 Kelley Parkway, Orono, Minnesota (the “Cit\* ). the ORONO HOUSING AND REDHVEI.OPMHNT AUTHORITY, a body corporate and politic having its principal office at 2750 Kelley Parkwav, Oiono, Minnesota (the •HRA”) and ORONO SENIOR HOUSING, EEC. a Minnesota limited liability company (the ‘•Developer”). Wn^lESSETH: WHEREAS, the Developer, the City and the HR A contemplate that the Dcvelo|)cr allUCZlilMir w ill develop the property described in Exhibit A hereto (the “Development Property”) as a 62-unit apartment building for seniors (the “Project”); and \MIERE/\S, the Developer will cause the Development Property to be acquired and conveyed to the HRA under the terms and conditions of Section 3.3 hereof; and WTIEREAS, me HR.A w ill lease the Development Properry to the Developer for use as senior housing pursuant to the Ground Eease attached hereto as Exhibit B (the “Ground Eease ”); and WHEREAS, the HRA will issue its Tax Increment Revenue Note in the form of Exhibit C hereto (the “TIF Note”) in pasment of a portion of the costs of acquiring the Development Property; and WHE.REAS, the balance of the costs of the Project w ill be financed by the issuance by the City of its Multifamily Senior 1 lousing Revenue Bonds (Orono Woods Project). Scries 2001A (the *1 lousing Bonds”) and its Subordinate ^ Multifatnily Sjnior Housing Revenue Note (Orono Woods Project), Series 2001^ (the “Subordinate Housing Note") to be issued as described in Section 3.1 hereof; and \3TIEREAS, the HRA has created and established Tax Increment Financing District No. I-l its a housing tax increment financing district (the “TIF District”) and a coterminus Housing Project Area No. I pursuant to a development program and a tax increment financing plan (the “TIF Plan ”) adopted pursuant to Minnesota Statutes. Sections 4( 9.001 through 469.047 and Sections 469.174 through 469.179 (collectively, the “Acts”); and WHEREAS, the Project and the TIF Note arc contemplated and authorized by the TIF Plan; and WHEREAS, the Project, the Housing Bonds and Subordinated Housing Note are contemplated and authorized by a Senior Housing Program (the “Housing Program") adopted by the City Council pursuant to Minnesota Statutes. Chapter 462C; and WHERKAS, the Projt^l is to ^developed as a planned unit development pursuant to the terms of ^ 2^B\greement dated as of October^ Zr20Q I between the City and the Developer (the “PUD Agreement"). WilERHAS. the proposed Project qualifies as a ‘ housing development projed" within the meaning of Minnesota Statutes, Sections 46V.002. Subd. 15 and 469,017. and w'ill promote and carr>’ out the objectives of the Housing Program and the TIP Plan, will be in the vital bwt interests of the City and will promote the health, safety, morals and welfare of its residents, and are in aecord with the public purposes and provisions of the applicable state and local law’s. NOW, THERIZFORE, in consideration of the mutual covenants and obligations of the HRA, the City and the Developer, the parties hereby represent, covenant and agree as follows: [Tlic balance of this page intentionally left blank.) 1 iL ARTICLE I. DEFINITIONS. EXHIBITS. RITI ES OF INTERPRETATION Section 1.1 Definitions. In this Agreement, the following tenr.s have the following respective meanings unless the context hereof clearly requires othenvise: (a) .Acts. Minnesota Statutes, Sections 469.001 through 469.047 and 469.174 through 469.179. (b) Exhibit D hereto. ). lltc certificate of completion set forth in (c) City. The City of Orono, I lennepin County, Minnesota. (d) Completion Year. The earlier of (I) the year 2002 and (2) the year (if any) in which tlie Certificate of Completion for tlic Impro\ cments is • .sued. (e) De\cU>per. Orono Seni«ir Mousing, I.I.C, a Minnesota limited liability company, its successors and assigns. (0 Deselopment. The Development Property and the Improvements to be constructed thereon by the Developer in accordance w ith the terms of this Agreement, as they may at any time exist. (g) Develonment Property. The real property which is the site of the Improvements, os legally described in E.xhibit A hereto. (h) Event of Default. An Event of Default, os defined in Section 7.1. (i) l inancing PocunKMits. Ilie following diKuments to be c.xecuted and delivered in connection w ith the issuance and sale of the Housing Uonds and the Subordinate Housing Note: ________________________________________. (j) Ground Lease. The Ground Lease atl.uhcd as Exhibit B hereto, as the same may be amended from time to time. (k) I lousing Bonds. The Multifamily Se..ior Housing Revenue Bonds (Orono Woods Project), Scries 2001 .A and the l axable Multifamily Senior Housing Revenue Bonds, Series 2001B to be issued pursuant to Section 3.1 hereof and the Financing Documerts. (l) Housing Plan. The development program for the I IRA’s 1 lousing Project Area No. I, which contains the flF District. (m) HRA. The Orono Housing and Redevelopment Authority, and any successor to its functions. ARTICLE I. nnriNn IONS. nxiiimTs, rules oi- interpretation Section 1.1 Definitions. In this Agreement, the following terms have the following respective meanings unless the context hereof clearly requires otherwise (a) Acts. MinnesotaStatutes, Sections 469.001 through 469.047 and 469.174 through 469.179. (b) Certificate of Completion. The certificate of completion set forth in Exhibit D hereto. (c) City, nie City of Orono, 1 Icnnepin County, Minnesota. (d) Completion Year. The earlier of (I) the year 2002 and (2) the year (if any) in which the C'ertilicate of Completii'n for the ImproNcments is • .sued. (e) Pe\ eloper. Orono Senior Housing, Ll.C. a Minnesota limited liability company, its successors and assigns. (0 Development. Die Development Property and the Improv ements to be constructed thereon by the Developer in accordance with the terms of this Agreement, as they may at any time exist. (g) Development Property. The real property w hich is the site of the Improvements, a!i legally described in E.xhibit A hereto. (h) Event of Default. An Event of Default, as defined in Section 7.1. (i) Financing DocunH?nts. Die follow ing documents to be e.xecuted mid deliv ered in connection vv ith the issumice and sale of the Housing Uonds and the Subordinate Housing Note: _______________________________________ (j) Ciround Lease. The Ground 1.ea.se alt.iched as l-ixhibit D hereto, us the same may be amended from time to time. (k) Housing Bonds. The Multifamily Se. ior Housing Rev enue Bonds (Orono Woods Project). Series 2001A and the Taxable Multifamily Senior Housing Revenue Bonds. Series 200 IB to be issued pursuant to Section 3.1 hereof and the Financing Documents. (l) Housing Plan, llic development program for the HR/\’s Housing Project Area No. I. which contains the TIF District. (in) HRA. The Orono 1 lousing and Redevelopment Authority, and any successor to its functions. (n) Improvements . Ilic 62-unit apartment building and appurtenant facilities described in the PUD Agreement. (o) Morteaee and Holder . The term “Mortgage" shall include the mortgages referenced in Article V of this Agreement and any other instrurient creating an encumbrance or lien upon the Development or any part thereof as security for a loan, llte term “Holder" in reference to a Nlortgage includes any insurer or guarantor (other than the Developer) of any obligation or condition secured by such Mortgage or deed of trust. (p) Permitted l-ncumbranccs. The encumbrances on the Development Property which are permitted to exist and the time the Development Property is conveyed to the HRA. which encumbrances shall consist only of _______________________ and such other encumbrances as the City and HRA may approve in writing. (q) Project . Tiie Development Property and the Improvements to be constructed thereon pursuant to this Agreement. (r) Project Costs . Project Costs means: (a) Costs incurred directly or indirectly for or in connection w ith the acquisition, construction, installation or equipping of the Project, including other costs incurred in respect of the Project for preliminary planning and studies; architectural, legal, engineering, account accounting, consulting, developtnent, supervisoiy and other services; land, labor, serN'ices and materials and recording of documents and title w ork. (b) Premiums attributable to any surely bonds and insurance required to be taken out and maintained during the construction period with respect to the Development Property and the Improvements. (c) Taxes, assessments and other governmental charges in respect of the Project that may become due and payable during the construction period. (d) Costs incurred directly or indirectly in seeking to enforce any remedy against any contractor or subcontractor in respect of any actual or claimed default under any contract relating to the Improvements. (e) Financial, legal, accounting, printing and engra\ ing fees, charges a* ’ expenses and all other such fees, charges and expenses incurred in connection w ith the authorization, sale, issuance and delivery of the Hou.sing Bonds and Subordinate Housing Note including, w ithout limitation, the tecs and expenses of the City and HRA and the fees and expenses of the trustee, the pa> ing agcni, the registrar and the authenticating agent properly incurred under the rinajicing D^Kuments that may become due and p»iyable during the construction period. (0 Any other costs, expenses, fees and charges properly chargeable to the cost of acquisition, construction, installation and equipping of the Project. t / (s) PUD Aercement . 1 he ? > ^ ^ & Agreement dated between the Developer aqd the City relating to development of the / development Property tihd an adjacent parc^jas a planned unit development. (i) Subordinate llousine Note. The Subordinate Mullifamily Senior Housing Note (Orono Woods Project). Series 2001C to be issued pursuant to Section 3.1 hereof and the financing Documents. (u) Tax Increment Financine District (TIP District). Tax Increment Financing District No. I-I consisting of the Development Parcel, created by the HRA pursuant to tlie TIF .Act and described in the TIF Plan adopted therefor. (v) Tax Increment Financing Plan (TIF Plan). The plan for development of the Til District adopted by the IIR/\ pursuant to the 1 IF Act. (w) Tax Increment Note or TIF Note. The Note to be issued by the HRA pursuant to Section 6.1 hereof and which is substantially in the form of l-xhibit C hereto. (x) Term. The period beginning on the date of this Agreement and ending on the February ’ I. 2022: provided, however, that the I erm shall not extend beyond the termination date of the 'MF District under the TIF Act or the dale, if any, of cancellation or recission of this Agreement under Section 7.2(a) hereof (y) TIF Act. Minnesota Statutes. Sections 469.1 74 through 469.179. (z) Unavoidable Delays . Delays which are the direct result of strikes, fire, war. material shortage, causes beyond the party ’s control or other casualty, or acts of any federal, stale or local government unit, e.xcepi those acts anticipated or contemplated under this Agreement. Sectii>n 1,2 Fxhibits. The following Fxhibits are attached to and by reference made a part of this Agreement: A. Development Property Ground Lease Tax Increment Note Certificate of Completion Form of Income Certification B. C. D. n. , » Investor LetterF. Section 1.3 (a) This Agreement shall be interpreted in accordance with and governed by the laws of the stale of Minnesota. (b) The words “herein** and “hereoF and words of similar import, without reference to any particular section or subdivision refer to this Agreement as a whole rather than any particular section or subdivision hereof. (c) References herein to any particular article, section or subdiv ision hereof are to the article, section or subdivision of this Agreement as originally executed. (d) Any titles of the several parts, articles and sections of this Agreement arc inserted for convenience and reference only and shall be disregarded in construing or interpreting any of its provisions. [The balance of this page intentionally lef\ blank.) ARTICLE II. Ri:i*Ri;SHM ATIONS AND COVENAN I S Scc\ion2.l Hv the Dcveloncr. The Devclopcrmakcs ihc following rcprcscn(atw>ns and covenants: (a) The Developer has ihe legal auihorily and power to enter into this Agreement. (b) I’he Developer reasonably expects to obtain financial resources which, when combined with the assistance hereunder, w ill be sulTicient to enable the completion of the Improvements. (c) Hie Developer will, subject to the provisions of Article IV hereof, construct, operate and maintain the Improvements in accordance with ihe terms of this Agreement, tlie lU 'D Agreement, the Housing Plan, the TIF Plan and all local, state and federal laws and regulations, and will construct or pay the costs of construction of any .site improvements, utilities, parking facilities, or landscaping imprin\ en*s which arc necessarv’ in connection with the construction and operation of tl o Improvements. (d) At such time or times as may be required by law. the Developer w ill have complied with all liKal. state and federal environmental laws and regulations, will have obtained any and all nccessarv environmental reviews, licenses or clearances under, and w ill be in compliance w ith the requirements of the National Environmental Policy Act of 1969. the Minnesota Environmental Policy Act. and the Critical Area Act of 1973. (e) I he Developer w ill obtain, in a timely manner, all required pennits, licenses and approvals, and w ill meet, in a timely manner, all requirements of all local, state and federal laws and regulations which must be obtained or met before the Improvements may be constructed. (0 Hie Developer .jcknowledges that the Til- District is a “housing district.” as defined in Section 469.174. Subdivi >•■.».( 1 1, of the Til- Act and. as such, is subject to the limitations provided in Minnesota .St.4tute.s, Section 469.174. Sulnlivision 11 and Section 469.1761. Subdivision 3 (together, the “Restrictions”). I he Developer ct>venants that it will with respect to the Improvements observe and comply, and that it will cause and require any of its permitted successors and assigns to observe and comply, with such Restrictions. In particular, and without limitation, the Developer covenants that at no time prior to the expiration of the Term shall the fair market value (determined using cost of construction, capitalized income, or other appropriate metluHl of cst .mating market value) of any portion of the Improv ements w hich are. within the meaning of Section 469.174, Subdiv ision 1 1. of the TIE .Act. constructed for commercial uses or for uses other than low and moderate income housing constitute more than 20” o of the total fair market value of the Improvements. 1 he Developer repre.sents and covenants that ihrougliout the Eerm the TIE District shall continue to qualify as a “housing district" under the TIE Act; specifically, that not less than 20“'o of the rental housing units of the Irnprov ements shall be rented to persons/families that at occupancy have annual income less than 50®/b of area median gross income. TIic Developer further represents and covenants that throughout the Term the housing units shall be rented only to persons 62 years of age or older. At least annually, ihc Developer agrees to provide evidence reasonably satisfactory to the MKA of compliance with the apolicable income and age limitations, including without limitation the total number of rental units during any reporting period and income and age verifications substantially in the form of the attached Exhibit E respecting units rented to tenants meeting those limits. (g) It is intended and agreed that the covenants provided in this Section 2.1 shall remain in clTect throughout the Term and shall be covenants running with the land. Except os expressly set forth in Section 5.5 hereof, the obligations under such provisions shall not be subordinated to the rights of any party having an interest in tlie Development Property. Section 2.2 Bv the Citv. The City makes the following representations as the basis for the undertaking on its part herein contained: (a) The City is authorized by law to enter into this Agreement and to carry out its obligations hereunder. (b) The City will, in a timely manner, subject to all notification requirements, review and act upon all submittals and applications of the Developer and will cooperate with the efforts of the Developer to secure the granting of any permit, license, or other approval required to construct and operate the Improvements; provided, however, that nothing contained in this subparagraph 2.2(b) shall be construed to limit in any way the reasonable and legitimate exercise of the City's discretion in considering any submittal or application. (c) The Development Property is zoned for purposes which include the Development os proposed. The City has issued all necessar>’ planned unit development, conditional use permits and plat approval for the Development Property. Section 2.3 Bv the HRA. The HRA makes the following representations as the basis of tlic undertakings on its port: (a) The HRA is authorized by law to enter into this Agreement and to cany- out its obligations hereunder, (b) The HRA shall cooperate with the City and the Dc\eloper with regard to the issuance of any additional permits required by the Developer to construct the Improvements. (c) The HRA will issue the TIP Note in consideration of Dunbar’s conveyance of the Development Property in accordance with Section 3.03. ARTICLE III. CITY OBLIGATIONS FOR HOUSING BONDS AND SUBORDINATED HOUSING NOTE: DEFERMENT OF FEES: ACQUISITION OF DEVELOPMENT PROPERTY: CONSTRUCTION OF PUBLIC IMPROVEMENTS Section 3.1 Housing Bonds and Subordinated Housing Note. The City agrees to issue the Housing Bonds and Subordinated Housing Note pursuant to the Housing Act in an aggregate amount, not to exceed $8,070.00058.060.000. which is estimated by the Developer to be sulTicient to pay the estimated Project Costs; provided, however, that the aggregate principal amount of the Housing Bonds shall not exceed $7,800,000 $7,810,000 and the principal amount of the Subordinated Housing Note shall not exceed $250,000. The obligation of the Cit>’ to issue the Housing Bonds and Subordinated Housing Note is subject to the following conditions: (u) 'Hie Financing Documents, in form and substance satisfactory to the City and the City Attorney, have been duly executed and delivered by the Developer and the other parties thereto. (b) The Developer shall have executed and delivered tlic Ground Lease and the PUD Agreement. (c) Faegre & Denson LLP, as bond counsel, shall have delivered its opinion that the Housing Bonds and Subordinated Housing Note were validly issued and that the interest thereon is exempt from federal income taxation. (d) ITie City shall have received opinions of counsel to the Developer and the other parties to the Financing Documents, in form and substance satisfactor to it. to the cITcct that the Ground Lease and Financing Documents arc valid and binding obligations of such parties, enforceable in accordance with their terms. (c) The Developer shall have entered into a contract for construction of the Improvements with Frana & Sons Inc., in form and substance satisfactor>* to the City, and providing for a guaranteed maximum price of not more than S_________________. (0 All conditions precedent to the c.xccution and deliver) of the Financing Documents shall have been satisfied without regard to any waivers which the City has not approved. Neither the City nor the HRA shall be responsible for the failure of the Developer, Dunbar or any other person to satisfy the foregoing conditions and the City and HRA make no representations or warranties that such conditions con or will be met. The City and HRA have no obligation to issue any additional obligations to refund the Housing Bonds or Subordinated Housing Note or to provide any additional funds for completion of the Development or otherwise. toge Section 3.2. Park Dedication and Utility Connection Charges. The City agrees that fees aggregating $200,000. consisting of park dedication fees in the amount of S^^2i>Qand utility connection fees in the amount ofS^^^!^. otherwise payable with respect to the Development arc deferred and shall be payable only in the e\ent that the Developer permits the Development to be occupied by tenants who ore nut 62 years of age or older. In that event such fees shall be immediately due and payable together wttHJnterest on the deferred amounts computed at the rate of 7.00% per onnum^^m tlv date hereof. If there is no incurred default under this Section 3.2 on e fees are forgiven and the City shall look solely to ta.\ increment '^from the TIlMdistrict for the reimbursement of such fees. The HRA hereby agrees to apply ta.xirtm ’mcnt from the TIF District to such reimbursement, subject to its obligations under the TIF Note. Section 3.3. Cdnvev^ce of Development Property: Execution of Ground Lease . On or prior ^o_______. 2001 the Developer shall convey fee simple title to the Development Prbpcrty to thj>HRA by warranty deed, subject only to Permitted Lncumbronccs. In consIdertKion of such conveyance the HRA shall e.xecute andubn of such conveyance the HRA shall e.xecute and deliver the TIF Note to the Developer. Upon execution and deliver)' of the Financing Documents, the HRA shall e.xecute and deliver the Ground Lease. [The balance of this page intentionally left blank.] ..Jl f • ARTICLE IV. CONSTRUCTION OF IMPROVEMENTS Scclion 4.1 Construction of Improvements. The Developer agrees to construct the ImproNcments and complete the Project in accordance with the PUD Agreement on or prior f . 2002. This covenant to construct the Improvements shall mn with the land. \Vhcn the Project is completed, as evidenced by a Certificate of Completion, the Development Property shall be released from the requirements of this Article l\' and shall no longer be encumbered by the obligations imposed under this Article IV. Section 4.2 Building Plans. When the Developer completes the design for the Improvements, it may submit the plans and specifications to the City os part of its application for a building permit. If the proposed Improvements for that phase arc substantially consistent with the definition of the Improvements set forth herein and the Developer has complied with all other applicable requirements for the issuance of a building permit, the permit sliall be issued in accordance with standard City practices. Iltc City shall not be required to provide a building permit or othenvise permit construction of any improvements on the Development Propertv if, in its reasonable judgment, such improvements would interfere with the ability of the Developer to complete the Improvements described herein within applicable land-use regulations. Any change In the approved plans for a phase which substantially alters the construction of the Improvements shall be subject to approval by the City. Section 4.3 Completion of Construction. All construction shall be In conformity with the plans. Periodically during construction, but at intervals of not less than 30 days, the Developer shall make reports in such detail as may reasonably be requested by the City concerning the actual progress of construction. Section 4.4 Certificate of Completion. Promptly after notification by the Developer of completion of the Improvements, the City shall inspect the construction to determine whether it has been completed in accordance with the terms of this Agreement. In the event that the City determines that the construction has been completed in accordance with the plans and applicable regulations, the City shall furnish the Developer with a Certificate of ( iimplction in the form provided in E.xhibit D. Such certification by the City shall be a conclusive determination of satisfaction and termination of the agreements and covenants in this Article IV of this Agreement with respect to the obligation of the Developer to construct the Improvements. The Certification of Completion provided for in this Section 4.4 shall be in recordable form. If the City shall refuse or fail to provide certification in accordance with the provisions of this Section 4.4, the City shall within 15 days of such notification provide the Developer with a written statement, indicating in adequate detail in what respects the Developer has failed to complete the Improvements in accordance w ith the applicable plans and applicable regulations, or is othenvise in default, and what measures or acts will be necessary. In the opinion o' thc City, for the Developer to take or perlbrm in order to obtain such certification. The City shall issue the Compiclion Certificate that the Improvenients conform to the applicable plans and applicable regulations. (The balance of this page intentionally left blank.) ARTICLE V. LIMITATION UPON ENCUMBRANCE; PROHIBITIONS AGAINST ASSIGNMENT AND I R/\NSI ER: SI BORDINATION Section 5.1 Limitation l^pon Encumbrance of Development. Prior to the issuance of the Certificate of Completion, neither the Developer nor any successor in interest to the Dexelopment Property or any part thereof shall engage in any financing or any other transaction creating any Mortgage or other encumbrance or lien upon the Development Property, whether by express agreement or operation of law, or sufler any encumbrance or lien to be made on or attached to the p;m:el of the De\eli>pment Property other than this Agreement, the PUD .Agreement and the financing Documents. Section 5.2 Representation as to Development. I he De\ eloper represents and agrees that its undertakings pursuant to the Agreement are for the piirjiose of implementation of the Development and not for speculation in landholding. The Developer further recognizes that, in view of the importance of the Development to the general welfare of the City and the substantial financing and other public aids that have been made available by the I IRA and the City for the purpose of making the Development possible, the qualifications and Identity of the Developer arc of par ticular concern to the I IRA and the City, fhe Developer further recognizes that it is bccau.se of such qualifications and identity that the I IRA and City are entering into this .Agreement, and. in so doing, are further willing to rely on the representations and undertakings of the Developer fur the faithful performance of all undertakings and cox enanls agreed by Developer to be performed. Section 5.3 Prohibition Against Transfer of Propertx and Assienment of Agreement. I or the reasons set out in Section 5.2 of this Agreement, the Developer represents and agrees that, prior to the issuance of the Certificate of Completion as certified by the City: (a) Except for leases and other tenancies in the rental units of the Improx ements. i>r fi>r any other purpose authorized by this Agreement, the Developer, except as so authorized, has not n.ade or created, and xx ill ntu make or create, or sufler to be m.ide or created, any total or p.irtial .sale, assignment, conveyance, or anx trust or poxxer. or transfer in any other mode or form of or xxith respect to this .Agreement or ihc Dexelopqtent Property or any part thereof or any interest therein, or any contract <ir agreement to do any of the same, xvithout the prior xx-ritten approval of the City; and (b) The City shall be entitled to require, except as otherxvise provided in this .Agreement, as conditions to any such approval under this Section 5.3 that: (i) .Any any proposed transferee shall have the qualifications and financial resptxnsibility, as reasonably determined by the City, necessaiy and adequate to fulfill the obligations undertaken in this Agreement by the Developer or. in the event the transfer is of or relates to p;irt of the Development, such obligations to the extent that they relate to such part.: (ii) Any any proposed transferee, by instrument in xvriting satisfactoiy* to the City and in form recordable among the land records, shall for itself and its successors and assigns, and specifically for the benefit of the I IRA and the City, have expressly assumed all (or the applicable portion) of the obligations of the Developer under this Agreement and agreed to be subject to such obligations, restrictions and conditions or. in the event the transfer is, of, or relates to part of the Development, such obligations, conditions, and restrictions to the extent that they relate to such part: provided, that the fact that any transferee of. or any other successor in interest whatsoever to, the Development or any part thereof, shall, for whatever reason, not have assumed such obligations or agreed to do so. shall not. unless and only to the extent otherwise specillcally provided in this Agreement or agreed to in writing by tlic City, relieve or except such transferee or successor from such obligations, conditions, or restrictions, or deprise or limit the IIR/\ and the City of or w ith respect to any rights or remedies or controls w ith respect to the Development or the constniction of the ImproNements; it being the intent of this Section 5.3. together with other provisions of this Agreement, that to the fullest extent permitted by law and equity and excepting only in the manner and to the extent specifically provided othenvise in the Agreement no transfer of. or change with respect to. owTiership in the Development or any part thereof, or any interest therein, however consummated or iKcurring. whether voluntarj' or involuntaiy, shall operate, legally or practically, to deprive or limit the IIRA or the City, of any rights or remedic*s or controls provided in or resulting from this Agreement with respect to the Development and the construction of the Improvements that the HR/\ and the City w ould have had. hud there been no such transfer or change.; and (iii) fhere there shall be submitted to the City for review all instruments and other legal documents involved in elTecting trans.ers described herein, and if approved by the City, their approval shall be indicated to the Developer in writing. In the absence of specific w ritten agreement by the ('ity to the contrary, no such transfer or approval by the City thereof shall be deemed to relieve the Developer from any of its obligations with respect thereto. Section 5.4 .Approvals. Any approval required to be given by the City under this Article V may be denied only in the event that the City reasonably delennine determines that the ability of the Dev eloper to perform its obligations under this .Agreement will be materially impaired by the action for which approval Is st»ught. Section 5.5 Sub<vrdin ation and Modification for the Benefit of Mortgagees . (a) In order to facilitate the obtaining of tcmporaiy or permanent financing for the construction or purcha.se of the Development, or indiv idual phxses thereof, by the Dev eloper, the City agrees to subordinate its rights under this Agreement to the Holder of any Mortgage entered into for the purpose of obtaining such financing, but only provided that the Mortgage or subordination agreement prov ides that if the Holder of the Mortgage shall foreclose on the Dev elopment Property or the Improv ements thereon, or on the Developer's interest in the Ground Lease, or any pivrtion thereof, or accept a deed to such property in lieu of foreclosure, it shall consent to be bound by the prov isions of Section 2.1(1) of this Agreement. (b) In order to facilitate the obtaining of financing for the acquisition and construction of the Dev elopment, the City agrees that it shall agree to any reasonable modification of this Article V or waiver of its rights hereunder to accommodate the interests of the Holder of the Mortgage, provided, however, that the City determines, in its reasonable judgment, that any such modification(s) will adequately protect the legitimate interests and security of the FfRA and the City uith respect to the Development. [The balance of this page intentionally leh blank.) I -i#, - • » ar :-w'\ ARTICLE VIII ADDITIONAL PROVISIONS Section 8.1 Conflicts of Interest; Representatives Not Individually Liable. No HRA or City officer who is authorized to take part in any manner in making this Agreement in his or her official capacity shall voluntarily have a personal financial interest in this Agreement or benefit financially therefrom. No member, official, or employee of .he I IRA or the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the I IRA or the City or for any amount which may become due to the Developer or successor or on any obligations under the terms of this Agreement. Section 8.2 Notice of Status and Conformance. At such time as all of the provisions of this Agreement have been fully performed by the Developer, the HRA and the City upon not less than ten days prior written notice by the Developer agree to execute, acknowledge and deliver without charge to the Developer or to any person designated by the Developer a statement in writing in recordable form certifying the extent to which this Agreement has been fully performed and the obligations hereunder fully satisfied. Section 8.3 Notices and Demands. E.\cept as otherwise expressly provided in this Agreement, a notice, demand or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is sent by mail, postage prepaid, return receipt requested or delivered personally: As to the City: City of Orono City Administrator Orono.Administrato 2750 Kelley Parkway Oixmo. Minnesota 55356 As to the HRA: Executive Director Orono I IRA ___Orono.HlOV 2750 Kelley Parkway Orono. Minnesota 55356 (c) As to the Developer: Wedum Foundation 3191 ShorewiHxI Drive (d) As to Dunban ML Arden Hills, MN SSI 12 or at such other address with respect to any party as that parly may, from time to time, designate in writing and forward to the others as provided in this Section 8.3. Section 8.4 Countemarts. This Agreement may be simultaneously executed in any number of counterparts, all of which shall constitute one and the same instrument. [The balance of this page intentionally lefr blank.) IN WITNESS WHEREOF, ihe HRA and the City have caused this Agreement to be duly executed in their names and behalf and the Developer has caused this Agreement to be duly executed as of the day and year first above written. CITY OF ORONO, MINNESOTA Mayor City Clerk ORONO HOUSING AND REDEVELOPMENT AUTHORHY. Executive Director Chair ORONO SENIOR HOUSING. LLC Hill lIMlltllfttlliilli STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this October 2001, by___________________and ____ day of the Mayor and City Clerk of the City of Orono, Minnesota, a municipal corporation under the laws of the Stale of Minnesota, on behalf of the city. Notar>* Public STATE 01 MINNESOTA ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged K*fore me this October Nyviawbik 200 1, by and day of the Executive Director and Chair of the Orono Housing and Redevelopment Authority, a public body corporate and politic, on behalf of the HRA. Notaiy Public S l ATE OF MINNESOTA ) )ss COUNTY OF HENNEPIN ) Hie foregoing instrument was acknowledged before me this ___NtStembw, 2001 . by____________________, the day of of Orono Senior Housing. LLC, a Minnesota limited liability company, on behalf of the company. Notary Public Ml 7«>:uoiEXiBBnrM:no)E\HIBIT A LEGAL DESCRIPTION OF DEVELOPMENT PROPERTY according to the recorded plat thereof, Hennepin County, Minnesota. EXHIBIT B GROUND LEASE between ORONO HOUSING AND REDEVELOMENT REDEVELOPMENT AUTHORITY, as Landlord and ORONO SENIOR HOUSING, LLC, as Tenant Dated as of ,2001 TABLE OF CONTENTS ARTICLE 1 DEFINITIONS I I I Dcfinilionv . I 12 Exhibit^. 2 ARTICLE 2 - LEASE AND TERM 3 2.1 Grant. 3 2.2 Covenants . 3 2.3 Qyiyl EniQ^Tbcnl 3 2.4 i£nn- 3 2.5 Purchascof Development Property 3 2.6 Title to Improvements 4 ARTICLE 3 - RENT 4 3.1 Iknl. 4 3.2 Net l ease. 4 ARTICLE 4.1 ENANT’S COVENANTS 4 4.1 Tenant’s Equipment. 4 4.3 Repairs. 5 4.4 Nondiscrimination: Restrictions on Use.S ARTICLE 5 • FINANCING 5 5.1 Mortgages. 5 5.2 Notice. 5 5.3 Performance. 5 6 6.4 New Lease. 6 5.5 Further Assurances. 7 5.6 TemiinaiignvfLgast 7 ARTICLE 6. ASSIGNMENT AND SUBLETTING 6.1 Assignments. 7 8 6.2 Subleases. 7 8 ARTIC i!e 7^* ENm3F TERNI 8 7.1 Surrender. 8 7.2 Vesting. 8 7.3 Tenant's Equipment. 8 7.4 Accepnnee. 8 7.5 Merger S 9 ARTICLE 8 - NOTICES AND ESTOPPELS 9 8.1 Notices. 9 8.2 Eitopoels. 9 ARTICLE 9 - DEFAULT 10 9.1 Events of Default. 10 9.2 Termination. 10 93 9.4 9.5 9.6 9.7 9.8 12 12 Pa\mcnls. 11 Injunctive Relief. Forbearance, it Costs. 11 12 Waiver of Default. Tenant's Liability ARTICLE 10. MISCELLANEOUS lO.I Relationship. 12 10.3 Captions. 12 10.4 Time . 12 10.5 Construction. 12 11.6 Law. 12 13 10.7 Bindim;. 10.8 Short Form. 10.9 Severability . 10.11 Interest Rate. 12 13 12 13 12 13 13 13 EXHIBIT A Legal Description of the Development Property EXHIBIT B Pennitted Encumbrances B-l THIS GROUND LBASU, made on or as of the day of November. 2001, by and between ORONO HOUSING AND REDEVELOPMENT AUTHORITY, a public body corporate and politic and a governmental subdivision under Minnesota law. and ORONO SENIOR HOUSING. LLC ("ORONO SENIOR HOUSING, LLC"), a Minnesota limited liability company. 1 he Authority and Orono Senior Housing, LLC, in consideration of the covenants herein contained, hereby agree as follows: ARTICLE I DEFINITIONS 1.1 Definitions. In this Lease: "City" means the City of Orono, Minnesota. "Commencement Date" means that date upon which all of the parties hereto have executed this Lease. "Development" means the Development Property and the Improvements to be constructed pursuant to the Development Agreement. "Development Agreement" means the Development Agreement dated as of October Nercmber^, 2001 between the City, the Landlord and “Unrelated Third Parly’* means an individual or entity that is not (i) an individual (“Related Individual ”) who is an owner or officer ofTenanl or a Related Company, (ii) any subsidiaiy^ or parent of Tenant (each of which is a “Related Company”), or (iii) a general partnership, limited partnership or limited liability partnership (“Related Partnerships ”) Partnership ”) in which a Related Individual or Related Company is a partner, or (iv) a corporation or limited liability corporation in which a Related Individual, Related Company or Related Partnership is an ow ner, shareholder, officer, member or manager. 1.2 l-xhibiis . The following c.xhibils are attached to and by this reference made a part of this Lease: (1) “Exhibit A” - Legal Description of the Development Property (2) “Exhibit B” - Permitted Encumbrances ARTICLE 2 LEASE AND TERM 2.1 Grant. Upon the terms and conditions of th»s Lease, Landlord demises and leases the Development Property to Tenant and Tenant leases and accepts the Development Property from Landlord subject to the Permitted Encumbrances. 2.2 Covenants. Landlord covenants to obsen e and perform all of the covenants and conditions to be obscr> cd and performed by Landlord under this Lease. Tenant covenants to pay the Rent when due under this Lease and to observe and perform all of the terms and conditions and covenants to be observ ed and performed by Tenant under this Lease. 2.3 Quiet Eniovment. Landlord covenants that Tenant, on paying the Rent, shall peacefullv have, hold and enjoy the Development Property subject to the terms of this Lease, subject only to the Permitted Encumbrances. 2.4 Term. The term of this Lease commences on the Commencement Date and expires at 11:59 p.m. on the Termination Date, unless terminated earlier as provided in this Lease. 2.5 Purchase of Development Property. On the Termination Date, if there is no uncured Event of Default by Tenant under this Lcnise at the lime of exercise. Tenant may purchase the Landlord’s entire interest in the Development Property on the follow ing conditions: (1) Tenant shall give Landlord not less than thirty (30) days prior written notice exercising its ri^t to purchase the Development Property. (2) the closing shall take place on a mutually convenient date at the principal ofllcc of Landlord or such other location as the parties agree. (3) the purchase price for the Landlord ’s entire interest in the Development Property shall be One Dollar (S1.00), (4) at closing. Landlord shall convey fee title in the Development Property to Tenant by quit claim deed, assignments and other appropriate instruments of conveyance, such conveyance to be subject only to (i) the Permitted Encumbrances, (ii) at Landlord's option, a restriction auining with the land for such period as the Landlord may specify to the effect that the Development may be used only for residential housing purposes available for occupancy by persons 62 years of age and older, and (iii) any liens and encumbrances created or consented to by Tenant or arising from the failure of Tenant to perform or observ e by its agreements under this Lease, (5) this Lease shall automatically terminate on closing. (6) Tenant shall reimburse Landlord for all reasonable out of pocket costs and expenses incurred by Landlord in connection with the conveyance. 2.6 Title to Improvements. Title to the Improvements hereafter erected or located on the Development Property by or on behalf of the Tenant shall remain the property of Tenant, except that if (1) Tenant does not purchase the Development Property pursuant to Section 2.5 of this Lease, all Improvements located on the Development Property on the Termination Date shall become the property of Landlord, or (2) Landlord terminates this Lease pursuant to Section 9.2( I) hereof, then Landlord may repossess the Development, as provided in said Section 9.2( I). ARTICLE 3 RENT 3.1 Rent. Tenant shall pay Rent to Landlord on year until the Termination Date in the amount of SI. of each calendar 3.2 Net Lease. It is the intention and purpose of Landlord and Tenant that this Lease shall be a "Net Lease” to Landlord. All costs and expenses of whatever character or kind, general and special, ordinary and extraordinary, foreseeable or i Requirement shall apply only if there is a wailing list for available units. Except for the Senior I lousing Restriction and the Orono Preference Requirement it shall not discriminate upon the basis of race, color, creed, religion, anccsu>', national origin or sex. aflectional preference, disability, marital status or status with regard to public assistance, in the sale, lease, or rental or in the use or occupancy of the Development Property or any improvements erected or to be erected thereof thereon, or any pail thereof. ARTICLE 5 FINANCING 5.1 Mortgages. Tenant’s interest in this Lease, the Development Properly, the Improvements, or any combination thereof may be encumbered only as provided by the Financing Documents and the Development Agreement. 5.2 Notice. If any Holder registers with Landlord its name and address in writing by registered or certified mail, Landlord shall by registered or certified mail, return receipt requested, addressed as registered with Landlord, give such I lolder a copy of any notice or other communication with respect to any claim that a default exists or is about to exist under this Lease and a copy of any notice changing Landlord's address. Any notice given to a Holder shall be deemed duly ser\ ed when personally delivered to an officer of 1 lolder or mailed in accordance with Section 8.1 of this Lease. 5.3 Performance. If Tenant fails to make any payment or perfonn any act required of Tenant under this Lease, then any Holder may (but shall not be obligated to). to the extent permitted under its Mortgage, make such pa\’menl or perform such act with the same elTect as if made or performed by Tenant. Entr>- by a Holder upon the Development for such purpose or partial performance of the Mortgage shall not waive or release Tenant from any obligation or default under this Lease except for an obligation or default fully performed or cured by Holder. 5.4 New Lease. (a) If (i) this Lease is rejected or disalfirmed pursuant to bankruptcy law or other law alTecting creditor’s rights, (ii) Holder gives written request to Landlord not later than 30 thirty (30)days after the elTective date of such rejection or disaffirmance, (iii) Holder pays to Landlord all of Landlord’s expenses (including renscnable a’.tomeys’ fees) incidental thereto, and (iv) Holder pays ull Rent accrued as of the date of rejection or disaffirmance, then Landlord shall execute and deliver a new lease with Holder or its nominee, purchaser, assignee or transferee, as the case may be, for the remainder of the Term unforeseeable, and of ever}’ kind and nature whatsoever that may be necessar}’ in or about die operation of the Improvements shall be the responsibility of Tenant. 3.3 Manner of Payment . Rent payable to Landlord shall K* paid t»> Landlord in immediately available funds of the United States of America at the office of Landlord set out in Section 9.1 or at such place and to such party as Landlord may from lime to time designate. Except as othersvisc provided. Rent that has accrued prior to the expiration or earlier termination of this Lease shall be absolutely net to Landlord throughout the Term without offset or deduction. Tenant's obligation to pay Rent that has accrued prior to the expiration or earlier termination of this Lease shall sur> ive the expiration or earlier termination of this Lease. ARTICLE 4 TENANT S COVENANTS 4.1 Tenant's Equipment. All Tenant ’s Equipment shall be the property of Tenant, Tenant ’s tenants or any lessor of such equipment. Landlord shall have no interest in Tenant's Equipment. Landlord shall not be responsible for any loss or damage to Tenant's Equipment except to the extent caused by Landlord ’s wrongful act or negligence. 4.2 Maintenance . Tenant shall at Tenant's expense maintain the Improvements and. to the extent imposed by law- on adjacent property owners, the adjacent sidewalks and curbs in good order and condition, ordinarx- wear excepted, and in compliance with legal requirements. 4.3 Repairs . Tenant shall make all necessarx’ or appropriate capital and operating repairs and replacements and renewals to the Improvements, interior and exterior, structural and non-structural. ordinarx' and extraurdinarx', and foreseen and unforeseen sufficient for proper operation thereof using materials of goixl quality. The need for or appropriateness of such repairs, replacements and renew als and the quality of the materials used in accomplishing the same shall be in accordance with the reo.sonable standards of prudent operators of similar facilities. 4.4 Nondiscrimination: Restrictions on Use. Tenant covenants that during the Term, (i) it shall permit the Development to be usei only for residential rental housing and may rent units in the Development only to persons who are 62 xears of age or older, and (ii) (the “Senior Housing Restriction"). In addition, the Developer shall to the extent permitted by law give preference in the rental of units to persons who are residents or fonner residents of the City, persons who have a child who is a resident of the City and persons who have at any time been full time employees of the City or an agency or department of the City (the “Orono Preference Requirement"). The Senior 1 lousing Restriction shall apply to all units. The Orono Preference wiili Uic same terms as arc contained herein except for charges and encumbrances caused or suITered by Tenant. Any new lease entered into pursuant to this Section 5.4 shall be superior to all rights, liens and interest inter\cning between the dale of this Lease and the date of such new lease. Upon the request of the new tenant. Landlord shall execute and deliver a memorandum of the new lease in recordable form so that notice of the new lea.se may be placed of record by the new tenant. The rights hereunder of llolder3 shall be exercisable by such I folders in the order of the priority of lien or other security interest of their resp>ectivc Mortgages. At Tenant's expense, upon written request of Tenant, any Holder, or any prospective tfolder. Landlord slull deliver to them or any of them a separate w ritten instrument signed and acknuw ledged by Landlord setting forth and confirming the provisions of this Section 5.4. and acknow ledging to them or any of them in w riting the receipt by Landlord of an> notice or instrument given, sent or delivered to f.andlord pursuant to the provisions of this Section 5.4. When a new lease is entered into such Holder or (if rea.sonably approved by f.andlord pursuant to the Development Agreement) its designee (such holder or designee the “Acquiring Holder.” and the Mortgage of such Acquiring Holder the “Acquiring Holder’s Lca.sehold Mortgage”), the liens on and estates and other interests in the Development Property or this f.case of all persons holding directly or indirectly under or through Tenant (including the Acquiring Holder’s Leasehold Mortgage), other than liens, estates and interests which arc subordinate to the Acquiring ffolder's Leasehold Mortgage, shall immediately and without documentation continue in effect, attach to the new lease and be reinstated as to each other to the same e.xtent. and in the same manner, order and priority, os if (i) the new lease were this Lease, (ii) this Lease had not been teiminated, and (iii) the Acquiring Holder had acquired the leasehold estate under this Lease by assignment on the date the term of the new lease commences. Each lien, estate or interest which could have been e.xtinguished by the foreclosure of the Acquiring Holder’s Leaseiiold Mortgage shall be deemed to be subordinate to the Acquiring Holder’s Leasehi*ld Mortgage. Nolw ithsianding any provision of this Section 5.4 apparently to the cimtrary . Landlord shall not be required to provide any notice to any Holder under this Section 5.4 unless such Holder has provided Landlord written notice of its existence in accordance with Section 5.2 hereof. unforeseeable, and of cver>' kind and nature whatsoever that may be necessar> in or about Ute operation of the Improvements shall be the responsibility of Tenant. 3.3 Manner of Payment. Rent payable to I.andlord shall be paid to Landlord in immediately available funds of the United States of Ameriea a* the olllee of Landlord set out in Seelion 9.1 or at such place and to such party as Landlord m.i\ from time to lime designate. I:xcepl as olhenvisc provided. Rent ilial has accrued prior to the expiration or earlier termination of this Lease shall be absolutely net to Landlord throughout the Term without ofTset or deduction. Tenant ’s obligation to pay Rent that has accrued prior to the expiration or earlier termination of this Lease shall surv ive the expiration or earlier termination of this Lease. ARTICLE 4 TENANT S COVENANTS 4.1 Tenant's Equipment. All l enanfs Equipment shall be the properly of I'enant, 'fenant's tenants or any lessor of such equipment. Landlord shall have no interest in Tenant ’s Equipment. Landlord ; hall not be responsible for any loss or damage to Tenant ’s Equipment except to the extent caused by Landlord ’s u rongful act or negligence. 4.2 Mai* tenance . Tenant shall at Tenant ’s expense maintain the lmpri>vements and. to the extent impo.sed by law on adjacent property ovsners. the adjacent sidewalks and curbs in good order and condition, ordinary wear excepted, and in compliance with lega! requirements. 4.3 Repairs . Tenant shall make all neccssaiy or appropriate capital and operating repairs and replacements and renewals to the Improvements, interior and exterior, structural and non-struclural. ordinary- and extraordinary , and foreseen and unforeseen sufllcicnt for proper operation thereof using materials of gotnl quality. 'The need for or appropriateness of such repairs, replacements and renew als and the quality of the materials used in accomplishing the same shall be in accordance w ith the reatumable standards of prudent operators of similar facilities. 4.4 Nondiscrimination; Restrictions on Use. Tenant coxenants that during the Term, (i) it sliall permit the Development to be used only for residential rental housing and may rent units in the Development only to persons who are 62 years of age or older, and (ii) (the “Senior Housing Restriction ”). In addition, the DcNcloper sliall to the extent pennitled by law give preference in the rental of units to persi'ns who are residents or former residents of the City, persons w ho ha\e a child who is a resident of the City and persons w ho have at any lime been full lime emploxecs of the City or an agency or department of the City (the “Orono Preference Requirement”). Tlic Senior I lousing Restriction shall apply to all units. The Orono Preference unfurcsccablc, and of cver>’ kind and naiurc whatsoever that may be necessar>’ in or about the operation of the Improvements shall be the responsibility of Tenant. 3.3 Manner of Payment. Rent payable to Landlord shall be paid ti> Landlord in immediately available funds of the United Stales of America at the ofl ’ice of Landlord set out in Section 9.1 or at such place and to such party as Landlord may from lime to time designate. F'xccpt as otherwise provided. Rent that has accrued prior to the expiration or earlier termination of this Lease shall be absolutely net to Landlord throughout the Term without otTsei or deduction. Tenant's obligation to pay Rent that has accrued prior to the expiration or earlier termination of this Lease shall sun ive the expiration or earlier termination of this Lease. ARTICLE 4 TENANT'S COVENANIS 4.1 Tenant's Equipment. All Tenant's Equipment shall be the property of Tenant, Tenant ’s tenants or any lessor ot such equipment. Landlord shall have no interest in Tenant's Equipment. Landlord shall not be responsible for any h)ss or damage to Tenant's Equipment except to the extent caused by Landlord's wrongful act or negligence. 4.2 Mai ‘ tenance. Tenant shall at Tenant's expense maintain the Intprovcmenls and. to the extent Imposed by law on adjacent property owners, the adjacent sidewalks and curbs In good order and condition, ordinarx wear excepted, and in compliance with legal requirements. 4.3 Repairs . Tenant shall make all necessary or appropriate capital and operating repairs and replacements and renewals to the Improvements, interior and exterior, structural and non-structural, ordinary and extraordinary, and foreseen and unforeseen sullicicnt for proper operation thereof using materials of giunl quality. 'I he need for or appropriateness of such repairs, replacements and renewals and the quality of the materials used in accomplishing the same shall be in accordance w ith the rea.sonable standards of prudent operators of similar facilities. 4.4 Nondiscrimination: Restrictions on Use. Tenant cox cnants that during the Tenn. (i) it shall permit the Development to be used only for residential rental housing and may rent units in the Development only to persons whi> are 62 vears i>f age or older, and (ii) (the “Senior Housing Restriction"). In addition, the Developer shall to the extent pennitted by law give preference in the rental of units to persons who are residents or former residents of the City, persons who have a child who is a resident of the City and persons who have at any time been full time employees of the Cilv or an agency or department of the City (the “Orono Preference Requirement"). Tlie Senit>r 1 lousing Restriction shall apply to all units. Ibe Orono Preference i (g) Upon request of a Holder. Landlord will enter into an agreement with such Holder confirming the provisions of this Section 5.4 for the benefit of such Holder and acknowledging the Holder ’s Mortgage and the assignments made therein. 5.5 Further Assurances. Landlord agrees to e.xecutc such amendments to this Lease and furtlier agreements as may reasonably be requested by any Holder, provided such amendments and further agreements do not impose any material obligations or liabilities upon Landlord, or alTcct the rights of Landlord hereunder in any material respect. 5.6 Termination of Lease. No cancellation, surrender, abandonment, acceptance of surrender or modification or amendment of this Lease shall be binding upon any Holder or affect the lien of any Mortgage if done without the prior written consent of said Holder (provided (x) that no consent shall be required to a surrender on the Termination Date or earlier termination hereof, and (y) consents to any modification or amendment to this Lease shall not be unreasonably withheld or delayed by such Holder). ARTICLE 6 ASSIGNMENT /VND SUBLETTING 6.1 Assignments . Tenant and its .successors and assigns shall not assign or sublet all or substantially all of Tenant’s interest in this l.ea.se or the Development without the prii>r written consent of Landlord, except as othenvi.w provided in (a) the Development Agreement, (b) Article 5 hereof, or (c) Section o.2 hereof. 6.2 (a) Subleases. Tenant may enter into subleases of the housing in the Improvements as provided in the Development Agreement without the need for Landlord consent. Units in the Development may be subleased only for purposes of residential housing and no unit -ay be subleased to a person under 62 years of age. 6.3 Other Aureements. Tenant may enter into the Financing Documents and such other agreements alTccting the De\ elopmeni Property us arc contemplated by the Development Agreement. ARTICLE 7 END OF TERM 1 7.1 Surrender. Upon icrminalionoflhis Lease or ofTcnanl’s right of possession of the Development Property, Tenant shall immediately quit and surrender possession of the Development to Landlord in its then condition. 7.2 Vesting. Upon termination of this Lease, if Tenant docs not exercise Tenant’s option to purchase under Section 2.5 of this Lease, all right, title and interest of Tenant in the Development shall autumaticallv vest in Landlord without the necessity of confirmation by any other document. However, upon the request of Landlord, such vesting shall be confirmed in separate recordable instruments in form and substance acceptable to Landlord. 7.3 Tenant’s Eouinment . Any of Tenant's Equipment remaining in the Development after termination of this Lease or of Tenant’s right of possession of the Development Property shall be deemed conclusively to have been abandoned by Tenant and. after notice to Tenant and Tenant's failure to respond w ithin twenty (20) business days after service thereof, may be appropriated, sold, destroyed, or disposed of by Landlord without further notice or obligation to compensate Tenant or account therefor. 7.4 Acceptance. No modification, termination or surrender of this Lease or surrender of the Development Property or any part thereof or any interest therein by Tenant shall be \ alid or elTective unless agreed to and accepted in w riling by Landlord and any Holders, and no act by any representative or agent of I.andlord or any I loUIer other than such • rilten agreement and acceptance shall constitute acceptance thereof. 7.5 Merger. There shall be no merger of the leasehold estate created by this Lease with the fee estate in the Development Property by reason of the same party owning or holding any interest in such leasehold estate and any interest in such fee estate. No merger of the leasehold estate and fee estate shall occur unless and until all parties (including any Holder) having any interest in the leasehold estate created by this Lease and the fee estate in the Development Property shall join in and duly record a written instrument elTecting such merger. ARTICLE 8 NOTICES AND ESTOPPELS 8.1 Notices . All notices and other communications from Landlord to Tenant or from Tenant to Landlord under this Lease shall be in writing and shall be deemed duly ser\ ed if delivered personally to an officer of the party being serv ed or if mailed by registered or certified mail, postage prepaid, addressed if to Landlord: if to Tenant: or such other address or addresses as Landlord or I'enanl shall have designated in writing to the other. Notices which arc mailed shall be deemed to have been given on the date received os evidenced by the customarv’ registered or certified mail receipt. 8.2 l-stoppels . Landlord or Tenant shall at any time and from time to time upon not less tlian Uiiny (30) days prior notice from the other execute, acknowledge and deliver a written statement cenifying (1) that this Le:Lse is in full force and effect, subject only to such modification (if any) as may be set out therein. (2) the dates (if any) to which Rent is paid in advance. (3) that there arc not. to such party ’s knowledge, any uncured defaults on the part of the other party, or specifying such defaults if any arc claimed, and (4) such other matters as may be reasonably required by the requesting party. Any such statement may be relied upon by any prospective transferee or encumbrancer of all or any portion of tlie Development or any interest therein or any assignee of any such persons. It any party fails to timely deliver such statement, such party shall be deemed to ha\c acknowledged that this Lease is in full force and effect, without modification except as ma> be represented by the other, and that there arc no uncured defaults in the other ’s performance. ARTICLE 9 DEFAULT 9.1 i:\ cms of Default. Any one or more of ihe following c\ cnis conslUulcs an Event of Default: (1) If Tenant shall have failed to pay when due Rent or any other amount payable by Tenant pursuant to this Lease within live (5) ten ^10) days hillow ing Tenant's receipt of written notice from Landlord staling that such payment was not made; or (2) If Tenant shall have failed to perform any of the ether covenants, terms, conditions or provisions of this Lease or any of its obligations under the Development Agreement w ithin llvrty (30) sixty (60) days after Tenant’s receipt of written notice specifying such failure; provided, however, with respect to those failures which cannot w ith due diligence be cured within said 30 60-day period, 1 enanl shall not be deemed to be in default hereunder if fenant commences to cure such default w ithin such 30 60-day period and thereafter continues the curing of such default w ith all due diligence: 9.2 Termination. 1 f an uncured Event of Default exists under this Lease, then Landlord may, subject to Section 9.5 hereof, exercise one or more of Ihe follow ing remedies in addition to any other rights and remedies provided at law or in equity: (1) Landlord may terminate this Lease by w ritten notice to Tenant and may forthw ith repossess the Development and recover as damages the amounts provided in Section 9.3 hereof, or (2) Landlord may terminate Tenant’s right of possession and repossess the Development w ithout demand or notice of any kind and w iihout terminating this Lease, in which event Landlord may (but will not be obligated to) rclel all or any part of the Development or any part thereof for the account of Tenant for such rent and upon such terms as l.andlord deems advisable and may make any changes, additions, improvements, redecorations and repairs to the Deselopmcnt os Landlord deems advisable w ithout alTeciing Tenant’s liaoiliiy under this Lease. 9.3 Payments. If pursuant to Section 9.2 this Lease is terminated or Landlord terminates Tenant’s right of possession and repossesses the Development. Tenant shall pay to Landlord on demand the sum of; (1) all unpaid Rent owing at the time of termination or rc{x>ssession. as the case may be. (2> all expenses (together with interest thereon at a rale of twelve percent (12%) per annum from the dale paid by Landlord) incurred hy Landlord in terminating, repossessing and reletting including but not limited to costs of changes, additions, improvements, redecoralions and repairs, brokerage and legal fees, and the collection of Rent, and (3) any deficiency between the Rent, when due in accordance with this Lease, for the remainder of the Term and the payments, if any, received by Landlord from any reletting of the Development or portions thereof. 9.4 Injunctive Relief. If an uncured Lvent of Default exists under this Lea.se, Landlord shall have the right, in addition to any remedy available to l.andlord under Section 9.2 of this Lea.se, to institute from time to time an action or actions for injunctive and/or other equitable relief. 9.5 Forbearance . If there is a Mortgage on Tenant ’s interest in this Lease or the Development Property. Landlord will not terminate this Leiuse or Tenant's right of pos.session of the Development Property pursuant to Section 9.2 of this Lease, if 1 lolder or any purchiLser or transferee of Tenant's interest in this Lease or the Development by reason of foreclosure or other proceedings or by deed or assignment in lieu of such proceedings (or an assignee of I lolder or such purchaser or transferee) .shall, within one hundred eighty (180) days afier acquiring Tenant's interest in this i.ea-se or the Development, cure all defaults susceptible of being cured by such entity (or. if such cure would reasonably require more than one hundred eighty (180) da\s and ihereafier promptly, efl'ectivcly and continuously proceed to cure such default). Nothing in this Section shall atVect Landlord's right to enforce any remedy under this Lea.se for an Lvent of Default except, so long as Holder is in the process of curing such Lvent of Default or foreclosing its Mortgage under this Section, the right to terminate this Lease or Tenant's right of possession of the Development. 9.6 C osts Tenant shall indemnify Landlord against all costs and charges (including reasonable legal fees) lawfully and reasonably incurred in enforcing payment of Rent, and in obtaining possession of tlie Development after on Lvent of Default of Tenant or upon expiration or earlier termination of this Lease, or in enforcing any covenant, proviso or agreement of Tenant contained in this Lease. Landlord shall indemnify Tenant against all costs and charges (including legal fees) lawfully and reasonably incurred in enforcing any covenant, proviso or agreement of Landlord contained in this Lease. 9.7 Waiver of Default . No failure or delay by Landlord or Tenant to Insist on strict performance of any term of this Lease or to exercise any right, power, or remedy upon a breach of this Lease shall constitute a waiver of such term or such breach. 9.8 Tenant*s Liability. Notwithstanding an\lhing to the conirar> provided in this Lease, it is specifically understood and agreed, such agreement being a primar> consideration for the execution of this Lease by Tenant, that (i) there .shall be absolutely no personal liability on the part of Tenant, or its ofificers. directors. memKrrs, employees and agents, to Landlord with respect to any of the terms, covenants and conditions of this Lease, and (ii) Landlord shall look solely to recovering possession of the Development Property in the event of any breach by Tenant of any of the terms, covenants and conditions of this Lease to be performed by Tenant. ARTICLE 10 MISCELLANEOUS 10.1 Relationship. Nothing contained in this Lease shall create any relationship betw een the parties hereto other than that of lessor and lessee. Landlord and Tenant disclaim any inlenlion to create a joint venture, partnership or agency relationship. 10.2 Number and Gender. Tlie words “Landlord” and “Tenant” as ur.ed herein includes the plural as w ell as the singular. The me of specific gender includes any other gender as applicable. 10.3 Captions. The captions in this Lease are for convenience only and shall have no clTcct on the construction or interpretation of this Lease. 10.4 Time. Time is of the essence of this Lease and each of its provisions. 10.5 Construction. The provisions of this Lease shall be construed as a whole according to their common meaning, and not strictly for or against Landlord or Tenant. 10.6 Law. Iliis Lease shall be governed by and construed under the laws of Minnesota. 10.7 Binding. This Lease is binding upon and inures to the benefit of Landlord and Tenant and their respective successors and assigns and shall not be for the benefit of any third parties other than such successors and assigns. 10.8 Short Form. Landlord and Tenant agree upon request of the other to execute a Short Form of this Lease suitable for recording. 10.9 Severability. I f any term of this Lease or application of it to any person or circumstance is invalid or unenforceable, the remainder of this Lease or the application of it to other persons or circumstances shall not be affected, and each provision of this Lease shall be valid and enforceable to the extent permitted by law. 10.10 Counterparts . This Lease may be execuicu in several counterparts, each of which shall be on original and all of which shall constitute but one and the same instrument. 10.11 Interest Rate . Any interest due from one party to another hereunder shall be at the interest rote specified herein or the maximum rate permitted by applicable law, if less. lJI * ..........................I . . •; I • ■ •••• • T' ! IN WITNESS OF THIS LEASE, Landlord and Tenant have properly executed it as of the date set out at its head. LANDLORD ORONO HOUSING AND REDEVELOPMENT AUTHORITY By: Name: _______________Its: Executive Director (SIGNATURE PAGE TO LEASE (DEVELOPMENT PROPERTY)) TENANT ORONO SENIOR HOUSING, LLC, a Minnesota limited liability company By: Wcdum Foundation, its Manager Member By:__Name: Its: _____________ [SIGNATURE PAGE TO LEASE (DEVELOPMENT PROPERTY)] EXHIBIT A LEGAL DESCRIPTION OF DEVELOPMENT PROPERTY Ml 746:U0I 796:U0) EXHIBIT B PERMITTED ENCUMBRANCES Ml 7%:U0I 796:U03 No. R- I EXHIBIT C FORM OF TIF NOIE UNITED STATES OF AMERICA SI A ri£ OF MINNESOIA ORONO HOUSING AND REDEVELOPMENT AUTI lORITY TAX INCREMENT REVENUE NOTE OF 2001 [ 11 Fhe Orono I lousing and Redevelopment Authority (the *i IRA”), located in the City of Orono. Hennepin County. Minnesota, hereby acknowledges itself to be indebted and. for value received, hereby promises to pay to Orono Senior Housing. LLC. a Minnesota limited liability company, or it.v registered assigns (the “Registered Owner”), but only in the manner, at the times, from the sources of revenue, and to the extent hereinafter provided, the Principal Amount of this Note (as detlned In paragraph (2J hereof) and to pay interest on the unpaid portion of the Principal Unpaid Amount of this Note at the rate of interest of 7.00% per annum. Interest shall accrue on the Principal Amount from_______.____. and shall be computed on the basis of a 360-day year consisting of 12 30-day months. This Note is the “TIF Note” described and defined in that certain Development Agreement, dated as of___________. 2001 (as the same may be amended from time to time, the “Development Agrcemenf'), among the HR.A. the City of Orono. Minnesota, and Orono Senior Housing. LLC, a Minnesota limited liability company, as the initial Developer under the Development Agreement. Each capitalized term which is used but not otherwise delmed in this Note shall have the meaning given to that term in the De\ elopment Agreement. |2) 'fhe Principal Amount of this Note shall be $________. (31 Subject to the terms hereof, amounts due on this Note shall be payable on each February 1 and August 1. commencing February 1.___. ;md continuing throu ;h Febniary 1.___(the “Payment Dates”), and on each "Additional Payment Date” described in paragraph (5) hereof. .All amounts of acemed interest on this Note which are not paid in full on any Payment Date shall also accrue additional interest from the date of such non-pa\ment (the "Compound Interest”) until paid at the rate of interest of 7.00% per annum. (4) On each Payment Date (or. if not a business day of the I IRA. the iirst business day thereafter) the HRA shall pay by check or draft mailed to the person that was the Registered Owner of this Note at the close of the last business day of the HRA preceding such Payment Date an amount equal to the lesser of (1) the Available Tax Increments (which generally consist of 90®/o of the tax increments from the I IRA’s Tax Increment Financing District No. 1-1 within its Housing Project Area No. 1) received by the HRA within the 6-month period preceding said PaNment Date and (2) the sum of (i) the accrued and unpaid interest on the Principal Amount and (ii) the unpaid Principal Amount of this Note. All pax menls made by the HR/\ under this Note shall be applied first to pay the accrued and unpaid Interest on the Principal Amount of this Note and second to pay the unpaid Principal Amount hereof. The I IR A shall have the right on :my Payment Date to prepay the principal amount of this Note in whole or in part without penalty or premium and without the prior written consent of the Registered Owner or the Developer. [51 This Note shall terminate and be of no further force and effect on any date upon which the IIRyX shall have terminated the Development Agreement or on the last Payment Date following payment thereon of the amounts due hereon, whichever occurs earliest. [6| The 1 IRA makes no representation or covenant, express or implied, that the revenues described herein will be sufficient to pay, in whole or in part, the amounts which arc or may othenvisc become due and payable hereunder. Any amount' vhich have not become due and payable on this Note on or before the final Paymei Date or Additional Payment Date, as the case may be, shall no longer be a debt or obligation of the IIRA w hatsoever. [7] 'Die I IRA's payment obligations hereunder shall be further conditioned on the Developer's compliance w ith the terms and conditions of the Development Agreement and on the fact that there shall not at the time have occurred and be continuing an Event of Default under the Development Agreement, and, further, if pursuant to the occurrence of an Event of Default under the Development Agreement the IIRA duly elects to terminate the Development Agreement pursuant to its tenns, the HRA shall have no further debt or obligation under this Note whatsoever: provided that if, pursuant to an I-vent of Default, the lIRj-X elects pursuant to Section 7.2 of the Development Agreement to w ithhold payment othenvise due hereon, said suspended pa\ ment shall become payable hereon upon cure of the Event of Default. Reference is hereby made to the provisions of the Development Agreement for a fuller statement of the obligations of the Developer and of the rights of the I IRA thereunder, and said provisions arc hereby incorporated by reference into this Note to the same extent as though .set out in full herein. The e.xccution and delivers’ of this Note by the IIRA, and the acceptance thereof by the initial Registered Owner hereof, shall conclusively establish this Note as the 'TIE Note ’ (and shall conclusively constitute discharge of the 1 IRA’s obligation to issue and deliver the same) under the Development AgrtM:ment. |8| This Note is a special and limited revenue obligation but not a general or moral obligation of the IIRA and is payable by the 1IR.A only from the sources and subject to the qualifications and limitations stated or referenced herein. Neither the full faith and credit nor the taxing pow ers of the HRA arc pledged to or available for the payment of this Note, and no property or other asset of the HR/\, sa\ e and e.xcept llic above referenced Available Tax Increments, is or shall constitute a source of payment of the HR/\'s obligations hereunder. [9) lliis Note is issued by the HRA in aid of financing a project pursuant to and in full conformity w ith the Constitution and law s of the State of Minnesota, including Minnesota Statutes. Sections 469.174 through 469.179, and including specifically but w ithout limitation Section 469.178, Subdivision 4, thereof. 110) This Note may be assigned but upon such assignment the assignor shall promptly notify the HRA thereof in writing, and the assignee shall surrender this Note »o the HRA either in exchange for a new' fully registered note or for transfer of this Note on the registration records for the Note maintained by the HRA. As a condition to any such transfer, the transferee shall have delivered to the HRA an c.xecutcd Investor Letter in the form of Exhibit F to the Development Agreement. Each such assignee shall take this Note subject to the forcgoing^goqditions and subject to all provisions stated or referenced herein. ----------- ] [11] IN WITNESS WI lEREOF, thc^lc <^c Orono Housing and Redevelopment Authority has caused this Note lo4jrc^*uted by the manual signatures of its Chair and Executive Director, has caused the onficial seal of the HRA to be omitted herefrom, as permitted by law, and has caused this Note to be issued and dated as of , . Chair Executive Director CI-RTIRCATION OF RKCilS I RATION It is hereby certified that the foregoing Note was as of the latest date listed below registered in the name of the last Registered Owner noted below, and that, at the request of said Registered 0\\ ner of this Note, the undersigned has as of said applicable date registered this Note as to principal and interest on the Note in the name of ruch Registered Owner, as indicated in the registration blank below, on the biioks kept bv the undersigned for such purposes. NAMH OF RHCiISn-RFD DA I I- OF SIGNATURK OF OWNKR_________ Rf-GISTRATION MRA KXKCUTIVK PIRKCTOR Orono Senior Housing, LIX, a Minnesota Limited Liability Company_______________. 1999 .2001 FAIIIBIT D CKRTIFICATK OF COMPLKTION AND PAR 1 lAL RKLKASE The undersigned hereby certifies that Orono Senior Housing. LLC, a Minnc.sota limited liability company, and'or permi*!ed assigns (the “Developer ”). has fully and completely complied with the Developer's obligations under Article IV of that document entitled "Development Agreement." dated October November _. 2001 between the City of Orono, the Orono Housing and Redevelopment Authority and Orono Senior Housing. LLC. a Minnesota limited liability company, and filed for record_______. 20 __, as Document No._____in the ofilcc of the Hennepin County Recorder with respect to construction of that phase of the Improvements (as defined in the Development Agreement) constructed on the real property described in E.xhibit A hereto. As to the real property described in Kxliibit A. the obligations of Article IV' of the Development Agreement are terminated and satisfied and released of record. DATED: CITY OF ORONO. MINNESOTA Its Mayor Its City Clerk STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) The foregoing inslmnienl was acknowledged before me this ___._______, bv_______________________and day of . the Mayor and City C'lerk of the City of Orono. Minnesota, a municipal corporation under the law s of the State of Minnesota, on behalf of the city. Notar\ Public Ml T-fOmii » EXHIBIT E Form of Income CcrtiFication Certification of Tenant Idigibility UNIT NUMBER: EAVe. the undersigned, being first duly sworn, state that Ewe have read and answ ered fully and truthfully each of the follow ing questions for all persons w ho arc to occupy the unit in tlie Orono Woods Apartments development for which application is made, all of w hom are listed below : I.2.3.4.5. Name of Mrnihvni of the Household Relatlonihip fo Head of Household \ge Social Security Number Place of EmploymeniHead___-___-__Spouse___-___• Income Computation 6. Anticipated Annual Income. The anticipated total annual income from all sources of each person listed in item 1 above for the twelve month pcriiHl beginning on the date of this ccrtincate« including income described in (a) below, but excluding all income described in (b) below, is $_______________. (a) Tlie amount set forth above includes all of the following income (unless such income is described in (b) below; (i) all wages and salaries, overtime pay, commissions, fees, tips and bonuses before payroll deductions; (ii) net income from the operation of a business or profession or from the rental of real or personal properly (without deducting expenditures for business expansion or amortization of capital indebtedness or any allowance for depreciation of capital assets); (iii) interest and dividends (including income from assets os set forth in item 7(b) below); (iv) the full amount of periodic payments received from social security, annuities, insurance policies, retirement funds, pensions, disability or death benefits and other similar types of periodic receipts; (v) payments in lieu of earnings, such as unemployment and disability compensation, workmen’s compensation and sevenmee pay; (vi) the maximum amount of public assistance available to the above persons; (vii) periodic and determinable allowances, such os alimony and child support pa>Tnents and regular contributions and gifts received from persons not residing in the dwelling; (viii) all regular pay, special pay and allowances of a member of the Armed Forces (whether or not living in the dwelling) who is the head of the household or spouse; and (ix) any earned income tax credit to the extent it exceeds income tax liability. The follow ing income is excluded from the amount set lorth above: (i) casual, sporadic or irregular gifts; (ii) amounts that arc specifically for or in reimbursement of medical expenses; (iii) lump sum additions to family assets, such as inheritances, insurance pavments (including pavments under health and accident insurance and workmen’s compensation), capital gains and settlement for personal or property losses; (iv) amounts of educational scholarships paid directly to student or educational institution, and amounts paid by the government to a veteran for use in meeting the costs of tuition, fees, books and equipment, but in either case only to the extent used for such purposes; (v) hazardous duty pay to a member of the household in the armed forces who is away from home and exposed to hostile fire; (vi) relocation payments under f itle M of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; (vii) income from employment of children (including foster children) under the age of 18 years; (viii) foster child care pa>mcnls; (ix) the value of coupon allotments under the Food Stamp Act of 1977; (x) payments to volunteers under the Domestic Volunteer Ser\ ice Act of 1973; (xi) payments received under the Alaska Native Claims Settlement Act; (xii) income derived from certain submarginal land of the United States that is held in trust for certain Indian tribes; (xiii) payments on allowances made under the Deportment of Health and Human Serv ices' Low-Income Home Cn»Tgy Assistance Program: (xiv) payments rcH:cived from the Job Partnership Training Act; (xv) income deriv cd from the disposition of funds of the Grand River Bank of Ottawa Indians; and (xiv) the first S2,000 of per capita shares received fro.r* judgments aw arded by the Indian Claims Commission or the Court of Claims or from funds held in trust for an Indian tribe bv the Secretary of Interior. 7. Net Family Assets. If any of the persons described in item I above (or any person whose income or contributions were included in item 6 above) has any savings, stocks, bonds, equity in real property or other form of capital investment (excluding interests in Indian trust lands), provide: (a) the total value of all such assets owned by all such persons: $__________________; (b) the amount of income expected to be derived from such assets in the 12-month period commencing on the date hereof: the amount of such income included in item 6: $___________________; 8. SludeoU (a) Will all of ihc persons listed in item I above be or have they been full time su^nts during five calendar months of this calendar year at on educational institution (other than a correspondence school) with regular faculty and students? (b) (Complete only if Ihc answer to item 8(a) is “Yes”.) Is any such person (other than nonresident aliens) married and eligible to file a joint federal income tax return? The above information is full, true and complete to the best of my knowledge. 1 have no objections to inquiries being made for the purpose of verifying the statements made herein. The undersigned acknowledge that the lease executed by the undersigned may be canceled upon notice as provided therein if the undersigned have misrepresented any of the information set forth above. Date: Signature I'lF * *'S - \ r FOR COMPLETION BY PROJECT OWNER OR MANAGER ONLY: A. Calculation of eligible income: (1) Enter amount entered for entire household in item 6 above: $_________________ (2) If the amount entered in item 7(a) above is greater than SS.OOO, enter the greater of (i) the amount entered in 7(b) less the amount entered in 7(c) or (ii) 10% of the amount entered in 7(a): $_________________ (3) TOTAL ELIGIBLE INCOME (Line A(I) plus line A(2): C. D. The amount entered in A(3) (Total Eligible Income) is: ____Less than $____________________. which Is an amount equal to 50 ‘r« of median income for the Minneapolis-St. Paul SMSA. More than the above-mentioned amount. Number of apartment unit assigned: This apartment unit was____was not____last occupied for a period of at least 31 consecutive days by a person or persons whose aggregate anticipated annual income, as certiHed in the above manner, was less than or equal to the amount at which a person would have qualified under B above. E. Applicant: ____Qualifies as a Lower-Income Tenant. ____Does not qualify as a Lower Income Tenant. Owner or Manager EXHIBIT F INVESTOR LETTER Orono Housing and Redevelopment Authority Orono, Minnesota City of Orono. Minnesota Orono, Minnesota Revenue Ladies and Gentlemen: Re: Orono Housing and Redevelopment Authority Tax Increment Note The undersigned representative of.(the “Purchaser”), being the purchaser of the Orono Housing and Redevelopment Authority Tax Increment Revenue Note of 2001, dated as of June November__, 2001 (the “Note”), does hereby certify, represent and warrant for the benefit of the addressees that; (a) The Purchaser is cither a bank, savings and loan association, registered investment company, insurance company or other “Accredited Investor” as defined in Rule 501(a) of Regulation I) of the Securities Act of 1933. as amended. Purchaser (i) is duly and validly organized under the law's of its jurisdiction of incorporation or organization, (ii) is legally authorized to purchase the Note as lawful investment of the Purchaser, (iii) has such knowledge and experience in business and financial matters as to be capable of evaluating the merits and risks of an investment in the Note on the basis of the information and review of documents described in section (d) below and the investigation which tlie Purchaser has conducted and (i\) can bear the economic risk of the purchase of the Note. (b) llie Purchaser has purchased the Note for its own account for inveslnienl purposes only or has become the registered ow ner thereof for security purposes and not for the account of any other person and not for distribution, assignment or resale; pro\ided. however, the Purchaser may dispo.w of the Note or an> pt'tlion thereof or interest therein in compliance with paragraph 10 of the Note and provided further that a .sale of shares in any investment company that purchases the Note will not, in and of itself, constitute a distributit)n of the Note for the purposes of this section (b). (c) Neither the City of Orono, Minnesota (the “City ”), the Orono I lousing and Redevelopment Authority (the “HRA") nor its counsel shall be deemed to have made an\ representations with respect to the Note or the Development Agreement or ta.\ increment financing district referred to therein as of any date, except as expressly provided in the Note or the Development Agreement. (d) The Purchaser has obtained and has read and rev iewed such documen. v. instalments and information related to the issuance of the Note as the Purchaser has requested from the City and the HR.\. lire Purchaser has also reviewed such other infonnaiion us requested and has been provided an opportunity to ask questions of. and has receiv ed answers from, representatives of the City and the I IRy\ regarding the terms and conditions of the Note. We understand that the Note is payable solely from certain tax increment pledged to the payment thereof and understand that such tax increment may not be sufficient to pay stated principal of and interest on the Note and that there may be other risks in such an investment which are not described therein. (c) The undersigned is a duly appointed, qualified and acting oflicer or representative of the Purchaser and authorized to make the certifications, representations and warranties contained herein and the purchase of the Note r constitutes a lawful inv^tment of the Purchaser. (0 The Purchaser acknowledgp that the City, the HRA, the members of their respective governing bodies and their officers (each individually an **lssuer Party ” and collectively the ‘issuer Parties”) have not undertaken to furnish information to the Purchaser or to ascertain the accuracy or completeness of any information that may have been furnished to the Purchi^ by or on behalf of the City, the HRA or the prior holder of the Note relating to the tax increment pledged to payment of the Note and that none of the Issuer Parties have made any representations concerning the accuracy or completeness of any information supplied to the Purchaser or relating to the security for the Note. The Purchaser hereby waives any requirements of due diligence in investigation or inquiry on the part of any Issuer Parties and all claims, actions, or causes of action which the Purchaser may have directly or indirectly from or relating to any action which the Issuer Parties took or could have taken, in connection with the issuance and sale of the Note to the Purchaser. IN WITNESS WHEREOF, I have hereunder set my hand the__day of Name: Title: RESOLUTION NO. RESOLUTION APPROVING THE ISSUANCE AND SALE OF SENIOR HOUSING REVENUE BONDS (ORONO WOODS APARTMENT PROJECT), SERIES 2001 AND AUTHORIZING, EXECUTION AND DELIVERY OF DOCUMENTS RELATED THERETO BE IT RESOLVED by the City Council of the City of Orono. Minnesota as follows: 1. Authority. The City has been requested to Issue one or more series of its Senior Housing Revenue Bonds (Orono Woods Apartment Project). Scries 2001 (as defined in the Indenture, the “Bonds"*), on behalf of Orono Senior Housing, LLC, a Minnesota limited liability company (the “Owner**), pursuant to (a) its authority under Minnesota Statutes, Section 462C, as amended (the “Act”), and (b) a Trust Indenture, dated as of November 1,2001 (the “Indenture”), between the City and U.S. Bank Trust National Association, as Trustee (the “Trustee”) 2. Public Hearing. The City conducted a public hearing (the “Public Hearing), on May 14, 2001, on the Owner's proposal that the City issue Uic Bonds and adopt a housing program related thereto (the “Housing Program”) for the purpose of loaning the proceeds thereof to the Owner to finance the cost of the development, acquisition, construction, equipping and financing of 62 units of multi family housing for seniors (the “Project”) to be owned by the Owner and to be located in the City at Brown Road and Wayz.iia Blvd. All parties who appeared at the Public Hearing were given an opportunity to express their views w ith respect to the proposal and the Housing Program was approved. 3. PiKuments Presented Forms of the following documents relating to the Bonds ha\ e been submitted to the City and arc now on file in the City’s offices: (a) a Loan Agreement (the “Loan Agreement”), dated as of November 1,2001, between the City and the Owner, whereby the City has agreed to loan the proceeds of the Bonds to the Ow ner to finance the Project and the Owner has agreed to repay the loan by amounts payable under the Loan Agreement; (b) the Indenture, authorizing the issuance and setting the terms of the Bonds and pledging the revenues to be derived from the Loan Agreement as security for the Bonds, and setting forth proposed recitals, covenants and agreements relating thereto; (c) a Combination Mortgage, Security Agreement, Fixture l-inancing Statement and Assignment of Leases and Rents (the “Murtgage"), dated as of November 1,2001, from the Owner to the City, by which the Owner grants to the City a first mortgage lien on, a security interest in, and an assignment of leases and rents of, its leasehold and ownership interest in the Mortgaged Property (as defined therein); (d) a Subordinated Combination Mortgage. Security Agreement, Fixture Financing Statement and Assignment of Leases and Rents (the “Subordinate Mortgage ”), dated as of November 1,2001. from the Owner to the City, by which the Owner grants to the City a second mortgage lien on, a security interest in, and an assignment of leases and rents of. its leasehold and ownership interest in the Mortgaged Property; (e) an Assignment of Mortgage (the “Assignment ”), dated as of November 1, whereby the City assigns its interest in the Mortgage and the Subordinate Mortgage to the Trustee; (0 a Development Agreement (the “Development Agreement), dated os of November 1,2001, betw een the City, the Orono Housing and Redevelopment Authority (the “HRA”) and the Owner, by which the Owner agrees to develop and construct the Project and the I IRA agrees to provide tax increment financing to the Project; (g) a Rond Purchase Agreement (the “Rond Purchase Agreement ’^), between the City, the Ow ner, and Miller Johnson Steichen Kinnard, Inc. (the “Underwriter”) (the documents described in (a) through (g) above being the “Rond Documents”); and (h) a form of the OlTicial Statement (the “Official Statement ”), to be completed, describing the olTering of the Ronds and certain terms and provisions of the documents recited herein. 4. Authorization of Ronds. The City hereby authorizes the issuance of the Bonds under the Act and the Indenture, the sale of the Bonds to the Underwriter in accordaiK'e w ith the Bond Purcliase Agreement and the loan of the proceeds of the Bonds to the Owner in accordance w ith the Loan Agreement. 5. Authorization of l>xuments Presented. The forms of the Bond I>ocuments are approved, w ith such additions or modifications thereto and deletions therefrom as may be approved by the Mayor, the City Clerk, the Finance Director or the City Administrator prior to the execution and dcliverx’ thereof, such approval to be conclusively evidenced by the execution and deliveiy thereof by the appropriate officers of the City. Execution and Delivery of Bonds. The City is hereby authorized to il.,.It ««>i issue one or more series of Bonds in on aggregate principal amount not to exceed $9,000,000, in the form and upon the terms set forth in the Indenture, which terms arc for this purpose incorporated in this resolution (the “Final Resolution ”) and made a part hereof; provided, however, that the maturities of the Bonds, the interest rates thereon, the numbering, and the rights of optional redemption w ith respect thereto shall all be as set forth in the final form of Indenture to be approved, e,;ecuted and delivered by the officers of the City authorized to do so by the provisions of this Final Resolution, which approval shall be conclusively evidenced by such execution and delivery; and provided further that, in no event, shall such maturities exceed 35 years or such rates of interest produce an average net interest cost in excess of 7.50% per annum. The Underwrite.* has agreed pursuant to the provisions of the Bond Purchase Agraemcnt, and subject to the conditions therein set forth, to purchase the Bonds at the purchase price set forth in the Bond Purchase Agreement, and said purchase price is hereby accepted. The Mayor, the City Clerk, the Finance Director, the City Administrator and other ofiicers of the City arc authorized in their discretion, at such time, if any, as they may deem appropriate, to c.\ccute the Bonds as prescribed in the Indenture and to deliver them to the Trustee, together with a certified copy of this Final Resolution and the other documents required by Section 2.08 of the Indenture, for authentication, registration and delivery- to the Undenvriter. 7. Fxccution and Delivery- of Bond Documents . The Mayor, the City Clerk, the Finance Director and the City Administrator (or in their absence, the deputy or acting Mayor or City Clerk) arc hereby authorized in their discretion at such time, if any, as they may deem appropriate, to execute and deliver the Bond Documents in the name and on behalf of the City. 8. Official Statement . The City hereby consents to the completion of the OlTicial Statement and its circulation by the Underwriter in offering the Bonds for sale and the completion of a final form of the Official Statement to reflect the final terms of the Bonds and the foregoing described agreements; provided, how ever, that the City has not been requested to and has not participated in the preparation of the Onicial Statement or reviewed or verified the information in the Official Statement and takes no responsibility for and makes no representations or warranties as to, the accuracy, sufficiency or completeness of such information or the information to be included in the final form of the OlTicial Statement. 9. Certificates, etc. The Mayor, the City Clerk, the Finance Director and the City Administrator (or in their absence the deputy or acting Mayor, City Clerk, Finance Director or City Administrator) are authorized in their discretion, at such time, if any, as they may deem appropriate, to prepare and furnish to bond counsel and the purchaser of the Bonds, when issued, certified copies of all proceedings and records of the City relating to the Bonds, and such other affidavits and certificates as may be required to show the facts appearing from the books and records in the officers’ custody and control or as othenvise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute i representations of the City as to the truth of all statements contained therein. 10. Nature of City ’s Oblipations . No covenant, stipulation, obligation, representation, or agreement herein contained or contained in the Bonds or the Bond Documents shall be deemed to be a covenant, stipulation, obligation, representation, or agreement of any Council member, officer, agent, or employee of the City in that person’s individual capacity, and neither the Council nor any officer or employee executing the Bonds or such documents shall be liable personally on the Bonds or be subject to any representation, personal liability or accountability by reason of the issuance thereof. No provision, representation, covenant or agreement contained in the Bonds or in any other document related to the Bonds, and no obligation therein or herein imposed upon the City or the breach thereof, shall constitute or give rise to a general or moral obligation of the City or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants and representations set forth in the Bonds or In any other document related to the Bonds, the City h;is not obligated itself to pay or remit any funds or re\cnues. other than the Trust I-slate described in the Indenture. 11. Payment of Costs. .Ml costs incurred by the City in connection with the issuance, sale and delivery of the Bonds and the execution and deliver}’ of the documents referred to above or any other agreement or instrument relative to the Bonds, whether or not actually issued or delivered, such as costs of publication of legal notices, have been agreed by the Owner to be paid by the Owner or reimbursed by the Owner to the City. 12. Authorized OlTiccrs. 'flic Bonds, the Bond Documents and any other documents referred to herein arc authorized to be e.xecuted on behalf of the City by its Mayor, the City Clerk, the Finance Director and the City Administrator; provided that in the event any of the ofllcers of the City authorized to c.xecute documents on behalf of the City under this Final Resolution shall have resigned or shall fur any reason be unable to do so, the deputy or acting Mayor. City Clerk, Finance Director or City Administrator, is hereby directed and authorized to do so on behalf of the City, with the same elTecl as if e.xecuted by any ofTicer specifically authorized to do so in the Indenture or this Final Resolution. 13. Appoin..-:tent of Trustee. The Trustee is hereby appointed as Trustee. Paying Agent and Bond Registrar for the Bonds. 14. Qualified Tax-Hxempt Obligations . The City hereby designates the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(bX3) of the Code. In that connection, the Issuer makes the following factual statements and representations: (a) the reasonably anticipated amount of tax-exempt obligations (other than any private activUy bonds other than qualified 501(c)(3)bonds) which will be issued by the City (and all subordinate entities of the Issuer) during calendar year 2001 will not exceed $10,000,000; and (b) not more than S10,000,000 of obligations Is*. *.td t'' the City during calendar year 2001 have been designated for purr* •‘s of Section 26dvo) (3) of the Code. 15. Effective Pate. Be It Further Resolved tliat .loj Resolution shall be in full force and effect immediately from and aOer its passage. The motion for the adoption of the foregoing resolution was seconded by Council member__________________, and upon a vote being taken thereon the following voted in favor thereof: and the folK»wlng voted against the same: Dated: ATTEST: Mayor City Administrator Ml turn 01 1 AppIkalioD Date: 9/22/01 Conpklkn Date: 9/22/01 60 Day Deadline: 11/21/01 REQUEST FOR COUNCIL ACTION Ocpartmenl Approval: Name Wendy Bonenberg Title Zoning Admmsuator Planner Item Description: M)l«2?07 Rob Eddinglon'Mork Larson 285 and 315 Crestview Avenue Vacation of Hill Street COUWrti mpfh'INQ 00/ 22 2001 citvofohow DATE: lO'lEIII ITEM NO.: V Agenda Section: Zoning Zoning District:LR-IA Single Family Lakeshore Residential District, 2 Acre. Sewered List of ExhibiU: A Resolution B Drainage and Utility Easement Form C SlafT Report and Exhibits of 10/15/2001 Applkation Suminar>': The applicants are seeking approval to vacate 125± of that portion of the unimproved dedicated right-of-way of Hill Street which lies between 285 and 315 Crestview Avenue. The right-of-way was originally dedicated in tl;e plat of Bayside Addition to Lake Minnetonka in 1912. Hill Street is a 40 ’ unimproved street right of way traversing Bayside Addition from cast to west. Two previous requests to vacate portions of Hill Street west of Crestview Avenue have been approved in the post. The applicants have agreed to granting of a 10' drainage and utility easement within the vacated right-of-way. 5' cither side of the new shared lot line. The pertinent utility companies have been notified and there are no objections to the vacation. 1. Section 10.12: Vacation of sureets, alleys and public grounds. PLANNING COMMISSION: The Planning Commission recommended by a 6 to 0 vote to: Approve the application as presented. STAFF RECOMMEND ATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. A RESOLUTION VACATING A PORTION OF AN UNIMPROVED STREET WITHIN THE PLAT OF BAYSIDE ADDITION TO LAKE MINNETONKA, HENNEPIN COUNTY. MINNESOTA FILE NO. DI-2707 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, on September 22. 2001 Robert A. Eddington and Mark R. Larsoi. (hereinafter "the applicants") filed a petition with the City of Orono requesting the vacation of a portion of on unimproved public right-of-w-ay originally dedicated in the plat of Baysidc Addition to Lake Minnetonka, Hennepin County. Minnesota lying between Lot 8 Block 2 and Lot I Block 5 thereof, and legally described as follows: 'fhat part of Hill Street which lies betv^een the northerly extensions of the cost and west lines of Lot 1, Block 5. “Bayside Addition to Lake Minnetonka", Hennepin County. Minnesota: and WHEREAS, after due published and posted notice, a public hearing was held b> Uie City's Planning Commission on October 15. 2001 regarding said vacation and all interested persons were given an opportunity to be heard; and WHEREAS, after due standing and consideration, tlie Planning Commission recommended unanimous approval of the proposed vacation; and WHEREAS, the City Council of the City of Orono finds that said \acation as proposed is in keeping with the public interest and in cou.sideration of the following findings; 1. The unimproved right-of-way contains no municipal sewer or other utilities. 2. The 40 foot right-of-way has never been developed as a public street. 3. The unimproved 40 foot right of way has been found to ser\e no future public purpose. Page I of 4 NOW, THEREFORE, BE IT RESOLVED, that the petition of Robert Eddington and Mark Larson is hereby granted by the Council of the City of Orono and that the portion of the unimproved street legally described above is vacated. Adopted by the City Council of the City of Orono, .^ *innesota at a regular meeting held on the 22nd day of October, 2001. ATTEST: Linda S. Vce. City Clerk Barbara A. Peterson, Mayor STAl E OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument uus acknowledged before me on this 22nd day of October. 2001, by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono. a Minnesota municipal corporation and said insmiment was executed on behalf of the City. Notary Public Page 2 of 4 f STATE OF MINNESOTA COUNTY OF HENNEPIN The tbregoing instnuncnt was acknowledged before me on this 22nd day of October, 2001 by Barbara A. Peterson. Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COlfNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this,day of October. 2001 by Linda S. Vcc. City Clerk of the City of Orono. a Minnesota municipal corporation and said instrument was executed on behalf of the Cit>-. Notar> Public STAIE OI MINNESOTA COUNTY OF HENNEPIN On this day of.,20 personall) appeared before me, ____ who is personally known to me ____ whose identit>’ I proved on the basis of. ____whose identity I proved on the oatN'aOIrmation of_______________. a credible witness and who executed the foregoing instrument, and acknowledged that he/shc/they executed the same as his/hcr/their free act and deed. Page 3 of 4 NoUii>’ Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of. personally appeared before roe. ____ who is personally known lo me ____ whose idcnlity I proved on the basis of. whose identity I proved on the outh/afTirmation of. a credible witness and wlio executed the foregoing instrument, and acknowledged that he/she/thc>' executed the same as his/hcr/their free act and deed. Notar>' Public Page 4 of 4 1 i DRAINAGE AND UTILITIES EASEMENT THIS INDENTURE, made this____day of________20_, by and between hereinafter referred to as "Grantorls)”, and the City of Otono, a municipal corporation, its employees, interests and assigns, hereinafter referred to as "Grantee". WITNESS, THAT Grantor(s). in consideration of the sum of One Dollar (SI.00) and other good and valuable consideration given by Grantee, the receipt of which is acknowledged by Grantoits), do(cs) hereby grant, bargain, sell and convey to Grantee, its successors and assigns, a perpetual easement for drainage and utility purposes, including the right to construct and maintain the same, together with the right of the public for access over, above, under and across the land located in the State of Minnesota, County of Hennepin, legally described as follows: See attached Exhibit A which is made part of this document In addition to any other remedy the Grantee may have, the covenants and restrictions contained herein may be enforced by injunction. Grantor(s) covenant that they are in fee title to the above property, have a lawful right and authority to convey and grant this easement, and that the land is free from all encumbrances except: Grantorfs) liave executed this document the day and year set forth above. GRANTOR(S) ' T STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me this 20 ___. by__________________________; day of NOTARY PUBLIC State Deed Tax Due Hereon: This instrument was drafted by: City of Orono P.O. Box 66 Crysuil Bay, MN 55323 FROM: DATE: Chair Hawn and Orono Planning Commission Members Ron Moorse. Cit>' Administrator Wendy Bottenberg. Zoning Administrator/PIanncr October 12.2001 SUBJECT: #01 -2707 Rob Eddingion/Mark Larson 285 and 315 Crestview Avenue Vacation of Hill Sueet - Public Hearing Zoning District: LR-IA Lbt of Exhibits Single Family Lakeshore Residential District, 2 Acre, sewered. A B C D E Application Site Plan/ Sur\'c>’ Portions previously vacated on Hill Street Location Map Property- Ow-ner’s List Pertinent Ordinance: Section 10.12 Application Summary: The applicants are seeking approval to vacate 125 ±.of that portion of the unimproved dedicated right-of-way of Hill Street which lies between 285 and 315 Crestview Avenue. The right-of-way was originally dedicated in the plat of Bayside Addition to Lake Minnetonka in 1912. Hill Street is a 40' wid** unimnroved street right of way traversing Bayside Addition from east to west. Two previous requests to vacate portions of Hill Street west of Crestview Avenue have been approved in the past. (E.xhibit C). One of the petitioners, i.obEddingion, w ishes at somv time to construct a garage on his property. The additional land acquired through ihe .dcaticn of Hill Street would negate the need for a variance. Criuria for Vacation: Zoning Code Section 10.12 governs the vacation of streets, alleys and public grounds. In past vacation requests, the City has determined that vacation may be appropriate when: 1. 2. The vacation doses not affect access to or use of any adjoining property. The City has not ana docs not intend to develop, improve or use the dedicated right-of-way rs road except for utilities and access purposes. The unimproved dedicated right-of-way as it exists serves no public purpose. Mh2707 Eddington'Larson 285/315 Crestview Avtnu* yocaiion 10/12/01 Page I It is stairs opinion that these three conditions are applicable to the segment of Hill Street right-of- way adjacent to the Eddington and Larson properties. The Public Works Director has been asked to review the proposed vacation and agreed to proceed with the vacation finding no current or future public use for the 40 ’ right-of-way. Municipal sewer lines are not located within the unimproved right-of-way. The Public Works Director will ask for the dedication of a drainage and utilit>' easement in exchuuige for the vacation. Rob Eddington, the owTier of 315 Crestview Avenue, will gain 20* of the vacated right-of-w’ay and Mark Larson, the owner of 285 Crestview Avenue, will gain 20* of the vacated right-of-way. Both owners shall be asked to e.xecute the Drainage and Utility Easement. The gas, electric, telephone and cable t.v. utilities have been notified of this request None of die utilities notified had responded as of the writing of this report Neither property will have their legal access affected by the vacation of Hill Street Staff Recommendation To approve the vacation petition of Rob Eddington and Mark Larson for the vacation of a portion of unimproved Hill Street located adjacent to properties located at 285 and 31 5 Crestview Avenue. Approval of the vacation petition is subject to property owners granting a 10' drainage and utility easement within the vacated right-of-way. The location of the easement should be 5 ‘ either side of the new shared lot line. •01-2707 EddbigtonTLarson 28yjl5 Crestview ^venut yacation 10/12/01 Page 2 A AppUcalioB » Qi-'ll 07 Date Rccchtd 8/ty/o | Amount Paid ^ .^t^rt -cro no+c^winolc'fCnerc»«»%Qi« CITY OF ORONO - GENERAL LAND USE APPLICATION AppJ. C»mP t/lXjoi PROPERTY LOCATION ^ Site Address 14? ll / Type of Application to be Filed UAcfiTto^J Property Identification Number (P.I.D.) APPLICAN Name AddreU«15 C rpob ‘Eo0t*J<3l0»4 IS EijJ Phone (home) _ Phone (work) fe/L ^37^- 5sa< QdQiNJb_______Zip ^3>5C^ OWNER (if difTerent than applicant) Name ________________ Address Phone (home). Phone (work) Date Property Acquired______________________________________ 1 (do) (do not) also own the r.djacent parcels of land. FEES - CONDITIONAL USE PERMITS - _____S 75.00 For each variance request with CUP application _____SI75.00 Residential Accessory Use ______S25C.OO Institutional (church, school, etc.) ______$225.00 Guest House.'Guest Apartments _____S200.00 Duplc.x Crcdit/Bldg _____S325.00 Commercial/Industrial Use _____S250.00 Land Alteration _____ Grading and filling - designated wetland or floodplain Grading and filling - 501 cu. yd. or more Grading, seawall, retaining walls within 75’ of lakeshore (montKVear) PRD/PID - sec Fee Schedule SI50.00 Renewal Fee (no change from original application) Aftcr-the-Fact Fee - Double Cunent 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) $375.00 Comprehensive Plan Amendment 5100.00 Appeals Other - see Fee Schedule #2w u 7 CERTIFICATE OF SURVEY FOR ROB EDDINGTON OF LOTS 1 Sc 2. BLOCK 5,'feAYSIDE ADD. TO LAKE MTKA.^ AND ADJACENT VACATED HILL STREET HENNEPIN COUNTY. MINNESOTA \•• • S 89*34’00" E 125.25 1 Ml 1 *^*rr^r*r*^ r^ii 1 • r>*r p • i • i y T PR0P08CD » i » C B A s OKivcMiAr 1 / 16 N 89*34'00*’ W 125.25 trCM. OCSCWiPTtON Cf PWtMiSCS L«la I ofl4 2. Block 9. 'Baytioo AddiliOA lo Loht wliwiotoAko" 0 ; dortolti lro» iwrk#^ B«arln9* ihA»n ort Ooatd bpon on otttrwd dolir« Lot oroo ■ iS.OMt Sd ft. (oil in 900-1000 fool tono) This ourvo* inttndt io oko« tko boundorloi cf tko 0^0*0 tfoicrlbod proptrly. Iho locotion of on tutting houtt ond thtd. too locotion el oil vltiPIO 'hordeowtr** ond lkt propoitd location of o propottd gorogt thtrton. It dctt not purport to tno« ony othtr inprovontntt or oncroochmtnit. GROlfBOCAiSSOCUTEaiOfC MBM0B4BIMa^ mummm ibbukmi MMO-IMI GROlfBOCl ^ BBtaUIBBI I koOy lattr M In irof m p«Oit ly m • #to ■« *«l loo- od MI * • «% nfdo«t M od Lot Stwiw #0r ■otad BoSliltillfeotMlo I l£oot MOo “gW" »CMJ 1--20* B-14-01 Ot-MB OlOM STiootb Fttd Sheets^** 0511723140024 Mark R. Larson 285 CRESTVIEWAVE Long Lake, MN 55356 0511723140029 Chad Simmons 230 TONKA AVE Long Lake. MN 55356 0511723140039 Patrick T. Skeie 5710 North Arm Dr. Mound, MN 55364 0511723140055 Jcf&cyS.Melby 240 CRESTVIEWAVE Long Lake, MN 55356 0511723140058 Douglas S. & Jan T. Humphrey 3300 BAYSIDE RD Long Lake, MN 55356 0511723130012 Robert F. & Wendy S. Anderson 3420 BAYSIDE RD Long Lake, MN 55356 0511723130029 Esther M. Addison 3382 Bayside Rd. Long Lake, MN 55356 0511723130051 Marlvs McCarty 225 TONKA AVE Long Lake, MN 55356 0511723140018 Patty L. Clapp 290 CRESTVIEWAVE Long Lake, MN 55356 0511723140021 Michael L. McCall 5346 Piper Rd. Long Lake. MN 55356 1-2-70'? 05II72314002S Mark R. Larson 285 CRESTVIEWAVE Long Lake. MN 55356 0511723140030 Robert d: Tamara Eddington 315 CRESTVIEWAVE Long Lake, MN 55356 0511723140043 Thomas R. Betz 300 CRESTVIEWAVE Long Lake, MN 55356 0511723140056 John F. Lehmeycr 320 CRESTVIEWAVE Long Lake, MN 55356 0511723140061 Philip & Karen Skoog 280 TONKA AVE Long Lake, MN 55356 0511723130013 Todd M. & Marie T. Zicsmcr 3440 BAYSIDE RD Long Lake, MN 55356 0511723130030 Daniel & Sandra Esters 3400 BAYSIDE RD Long Lake, MN 55356 05M723140009 Douglas & Shirley Nash 270 CRESTVIEWAVE Long Lake, MN 55356 0511723140019 Mark W. Hillslrom 235 CRESTVIEWAVE Long Lake, MN 55356 0511723140022 John C. Morgan 265 CRESTVIEWAVE Long Lake, MN 55356 Use template for 5160® 0511723140028 Gerald & Irene Briggs 250 TONKA AVE Long Lake. MN 55356 0511723140031 William Sullivan 8417 RegentAve.N #105 Brooklyn Paric, MN 55443 0511723140052 Barbara Joanne Huber 3390 BAYSIDE RD Long Lake, MN 55356 0511723140057 Thaddeus A. Allard 350CREST\'IEWAVE Long Lake, MN 55356 0511723140062 W. L. Baert' S. E. Speer 330 TONKA AVE Long Lake, MN 55356 0511723130028 Henry & Rosie Schmitz 295 TONKA AVE Long Lake, MN 55356 0511723130050 Marv McCartv 245TONK-AAVE Long Lake. .MN 55356 0511723140017 Doughlas & Shirley Nash 270 Crestview Ave. Long Lake. MN 55356 0511723140020 Gary F. Goll II 245 CRESTVIEWAVE Long Lake, MN 55356 0511723140023 Harold R. Hanson 275 CRESTVIEWAVE Long Lake, MN 55356 E AAArmm.* I ah«lc juu/sl Application Date: 8/20/01 60 Day D.adlinc: 10/19/01 Eatcnsiun Date: 12/18/01 COUfurn OCT 2 2 2001 CITY OP UhUi^o Department Approval: Name \\ rnd> Bottenberg Title Zoning Adniinstrator/iManner REQtTST FOR COl NCTL ACTION DATE: 1 0/18.0 1 ITEM NO.: Q Agenda Section: Zoning Item Description: Zoning District: Lot Area: 801-27!0 Donald and Joanne Davidson 568 Kccnc Avenue Variances RR-IB 22.582 s.f. One Family Rural Rcsulcniial Dislricl (2 acr«j) (.52 acre) (0.51 acre do ’ builJabic) Lut of Exhibits: A Resolution B Staff Report and Exhibits of 9/17/2001 Application Summary: The applicants request lot area, lot width arid setback variances for construction of a new residence on a vacant 0.52 ac.e lot in the 2-acre /one. The lot is sewered, and the proposed residence will not be out of character with the neighborluH>d Note: TAh lot is technically a corner lot, and the short side (south side) alonfi undeveloped Fox Street would be the 'front ’ by definition. However, functionally Fox Street will likely never be developed as a roadway here, andfor purposes of this swiance request andfor development on this lot, the west lot line along Keene A venue will be considered as front, the east line as rear, and the tine along Fox Street right- of-way will be considered as a side street lot line. Pertinent Code Sections: 1. Section 10.24. Subdivision 5 (B): Lot Width: The lot has a dcllned width of 176 feet at the 50 ’ front setback from Keene Avenue where 200 feet is the minimum lot width required for the RR-1 B zoning district for new construction. 2. Section 10.24. Subdiv ision 5(B): Lot .Area: The lot is 22.582 s.f. (0.52 acre) where 2 acres is the minimum lot area for the RR-IB zoning district for new construction. The southwest lip of the property is in the wetland, and the dry buildable area excluding wetland is about 0.51 acre. 3. Section 10.24. Subdivision 5 (B). Front Yard Setback: To permit the lesidence to be 30' from the front lot line where 50' is required for the RR-IB zoning disu-ict. 4. Section 10.24, Subdivision 5 (B): Rear Yard Setback: To permit the residence to be located 29.5' from the rear lot line where 50' is required for the RR-IB zoning district. 5. Section 10.24, Subdivision 5 (B): Side yard Adjacent Street Setback: To permit the residence to be located 45.5' from the side yard adjacent to street lot line where 50' is required for the RR-1B zoning distnet. 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. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B), FILL NO. 01-2710 WHEREAS. Donald E. Davidson and Joanne M. Davidson (hereinafter "the applicants") are the owners of the property located at 568 Keene Avenue within the City of Orono (hereinafter "the Cit> ") and legally described as follows: Lots 6, 7. and 8. Block 16. Minnetonka Bluffs, together with that part of the West half of adjoining vacated alley lying South of the l-aslcrly extension of the North line of said Lot 8. Hennepin County. Minnesota (hereinafter “the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit the construction of a new residence on a vacant lot, the new residence to be located 30' from the front lot line where a 50' street or front setback is normally required, and requesting a rear setback of 29.5* w here 50’ is nonnally required, and requesting a south side street setback of 45.5' where 50' is normally required, and requesting a lot area variance for construction of a new residence on a property of 22.582 s.f. in area where lot area of 87.120 s.f. is nonnally required, and requesting a variance for the e.xisting lot width which is 176' where the lot w idth is nomtally required to be 200'. 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 Commi.ssion held a public hearing on October 15, 2001, at which time all persons desiring to be heard concerning this application w^re given the opportunitv' to speak thereon. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, 1. 2. FINDINGS This application was reviewed as Zoning File #01-2710. The property is located in the RR-IB, Single Family Rural Residential Zoning District, where 2 acres is the minimum lot area. The property consists of Page I of8 n 3. 5. approximately 0.52 aca*s(0.SI acre dry buildable). The Orono Planning Commission reviewed this application on October 15.2001 and reconmiendcd approval by a vote of 7 to 0. The Planning Commission made the following findings of fact: A.The property consists of three lots legally combined and extremely undersized for the RR-IB zoning district, but similar in size to nearby developed lots in the Minnetonka Bluffs neighborhood. B.The adjacent properties are developed, therefore there is not any additional land available to met* the zoning requirements. C. D. E. The steep topography of the lot mokes placement of the residence dilVicult. forcing it into the north half of the lot. 'I'he proposed residence does meet City ordinance standards for structural lot coverage. The proposed residence di>es meet city ordinance requirements for hardcover in the 500-1000 ’ setback zone. Driveway access will be approved by the Public Serv ices Director. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance will not adversely aflect 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 dilTiculty; 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 Page 2 of 8 ihc applicanis and ihc elTcct of ihc proposed variance on the health, safety and welfare of the comnuinily. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.24. Subdivision 5(B) to permit the construction of a new residence on a vacant lot. the new- residence to be located 30* from the front lot line where a 50* street or front setback is normally required, and requesting a rear side setback of 29.5* where 50* is normally required, and requesting a south side street setback of 45.5’ where 50* is normally required, and requesting a lot area variance for construction of a new residence on a property of 22.582 s.f in area where lot area of 87,120 s.f. is normally required, and requesting a variance for the existing lot width w hich is 176 ’ where the lot width is nomially required to be 200'. Approval is subject to the following conditions: 1. Council approval is based on tl .* site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review 2. Applicant is advised that because the proposed residence uses the entire 15% structural lot coverage allowance, additional structure on the property will not been seen favorably. 3. Authorities granted by this variance nm 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 (October 22. 2002). 4. Violation of or non-compliance with any of the temts and conditions of this variance shall constitute a v iolation 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 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 2ind day of October, 2001. Page 3 of 8 ATTEST: Linda S. Vec. City Clerk Barbara A. Peterson, Mayor Property Owner (s) STATE or MINNESOTA ) ) ss. COLTNTY OF HENNEPIN ) The foregoing instrument was acknow ledged before me on this 22nd day of October. 2001 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Oronu. a Minnesota municipal corporation and said instrument was executed on behalf of the City. Nolao' Public STATE OF MINNESOTA ) ) ss. COLTsTY OF HENNEPIN ) On this day of. for said County, personally appeared .. 2001. before me a Notary Public within and ____________________known to me to be the person(s) described in and 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 ) Page 4 of 8 On this.day of.2001, before me a Notaiy Public within and for said County, personally appeared. known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notarx Public Page 5 of8 in'inrirrP*’— m STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instnunent was acknowledged before me on this 22nd day of October, 2001 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the CiQr. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of October, 2001 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of.^20. personally appeared before me, ____who is personally known to me ____whose identity I proved on the basis of. whose identity I proved on the oath/affirmation of. a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Page 6 of 8 rnmk Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of...20. personally appeared before me, ____who is personally known to me ____v^ose identity I proved on the basis of. whose identity I proved on the oath'affirmation of. a credible witness and who executed the foregoing instrument, and ackirawledged that he/she/they executed the same as his^rAheir free act and deed. Notary Public Page 7 of 8 -J 2* OQ 00 o ^ 1 TO: FROM: DATE: Chair Hawn and Orono Planning Conimission Members Ron Moorse, City Administrator Wendy Bottenberg, Zoning Administrator/Planner September 14, 2001 SUBJECT: ^01-2710 Donald and Joanne Davidson S68 Keene Avenue Variances •• Public Hearing Zoning District: Lot Area: RR-IB One Family Rural Residential District (2 acre) 22.582 s.f. (0.52 acre) (0.51 acre dry buildablc) Lbt of Exhibits A Application Site Plan/Survey Floor Plans Topographic Map and Neighborhood Lot Layout Hardship Letter Location Map Plat Map Property Owner’s List 1980 Sewer Unit Resolution Request: Applicants request lot area, lot width and setback variances for construction of a new residence on a vacant 0.52 acre lot in the 2-acre zone. Note: This lot is technicoUy a corner tot, and the short side (south side) along undeveloped Fox Street would be the ‘front* by definition. However, functionaily Fox Street will likely never be developed as a roadway here, and for purposes of this variance request andfor development on this lot, the west lot line along Keene Avenue will be considered as front, the east line as rear, and the line along Fox Street right- of-way will be considered as a tide street lot line. Pertinent Code Sections: 1. Section 10.24, Subdivision 5 (B): Lot Width: The lot has a defined width of 176 feet at the 50* front setback from Keene A\enue where 200 feel is the minimum lot width required for the RR-IB zoning district for new construction. 2. Section 10.24. Subdivision 5(B): Lot Area: The lot is 22,582 s.f. (0.52 acre) where 2 acres is the minimum lot area for the RR-IB zoning district for new construction. The southwest tip of the property is in the wetland, and the dry buildablc area e.xcluding wetland is about 0.51 acre. 3. Section 10.24, Subdivision 5 (B): Front Yard Setback: To permit the residence to be 30 ’ from the front lot line where 50 ’ is required for the RR-IB zoning district *01-2710 Donald A Joanne Davidson 568 Keene Avenue Variances 9/14/2001 Page I 1 4. Section 10.24, Subdivision 5 (B): Rear Yard Sefbackt To pcnnit the residence to be located 29.5’ from the rear lot line where 50’ is required for the RR-1B zoning district. 5. SecUon 10.24, Subdivision 5 (B); Side yard Adjacent Street Setback: To permit the residence to be located 45.5' from the side yard adjacent to street lot line where 50’ is required for the RR-1 B zoning district. Application Summary: The applicants own the subject property and arc requesting lot width, lot area, front yard, side street yard and rear yard setback variances to construct a new residence on the lot. A residence structure previously e.xisting on this property was razed in 1970. The proposed residence is a three bedroom, two story structure of approximately 3.347 s.f. footprint. The three lots comprising this building site have been legally combined for many years and were included in the Minnetonka Bluffs sewer project in 1980. The topography of the property is such that it limits w here the residence could be located on the lot. (E.xhibit D). At the southwrst comer of the property is a small portion of a wetland. The proposed residence is located more than the required 26’ from the edge of the wetland. A grading plan was not provided with the application, however the applicant will be required to submit one for City engineer review and approval prior to City Council review. No grading or structures can be allow ed within the 26’ wetland setback. The proposed residence meets City ordinanee standards of 15% for structural lot coverage. The property is allowed 3,397 s.f. for structure, the proposed residence is exactly 3.397 s.f The property does lie in the 500-1000* setback area from Lake Miroietonka. The proposed hardcover for the project is 6,238 s.f (28?'o). The property is allowed 7.903.7 s.f (35%) hardcover, therefore it is well below the allowed amount for ha^cover. Keene Avenue is gravel and currently extends to the northwest comer of the applicants property. City of Orono Public Works Director. Greg Gappa, has reviewed this proposal. He made the following comments regarding Keene Avenue and the applicants proposal: Keene Avenue will never go thru to Fox Street. The applicant may gravel or asphalt Keene Avenue to the sew er manhole (approximately half way to Fox Street) or further at their own expense for driveway purpo.ses The city will maintain (plow) the street in the winter. Approval would be granted for the two curb cuts which provide access to the t^vo separate garages. *01-2710 DonaUA Jocamt Davkbon 568 Keene Avtnue VarUmets 9/14/2001 Page 2 St«tcm<m of Hirdahip! The applicants have included their statement of hardship in Exhibit E. The applicants should also be ask^ for their testimony regarding this issue. Isiuf for CoBsidcratloBt 1. The property is three lots legally combined and extremely undersized for the RR-IB zoning district^ but similar in size to nearby developed lots in the Minnetonka BIufTs neighborhood. 2. The adjacent properties are developed, therefore there is not any additional land available to meet the zoning requirements. 3. The steep topography of the lot makes placement of the residence difficult, forcing it into the north half of the lot 4. The proposed residence does meet City ordinance standards for smictural lot coverage. 5. The proposed residence does meet City ordinance requirements for hardcover in the SOO-IGOO* setback zone. 6. The property wus assessed for a sewer unit as part of the Minnetonka Bluffs Sewer Project in the early 1980's. A residence structure existed on the property prior to 1970. 7. Driveway access will be approved by the Public Ser\ ices Director. 8. Other issues raised by the Planning Commission. Staff Recommendation; Stall'recommends approval of the requested variances. Ml-2710 Donald d Joanne DavUbon S68 Keene Avenue Vorlances 9/14/1001 Page 3 ANALYSIS WORKSHEET LsLAixi: RK-IB Lot Area Required 87,120 s.f. (2 acres) Actual 22. 582 s.f. (0.52 acre) (± 0.51 acre dry) Hardcover Calculatkmi: Distance from tboreline Total area in setback Allowed hardcover Proposed Hardcover 500-1000'22.582 s.f 7.903.7 s.f (35%)6,238 s.f (27.6%) Structural Lot Coverage : Total Lot Size Total Structural Coverage 22,582 s.f Allowed: 3J97s.f(15%) Existing: O.s.f Proposed: 3.397 s.f (15%) A CITY OF ORONO - VARIANCE APPLICATION 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 $250.00 After-the-Fact Fees (Double application fee) PROPERTY INF9I^>IATipN Site Address /^V£ • ApplicationU 0l'‘2'7IO Dale Recch'cd KJzoJm Amount Paid __i2. Stf Property Identification Number (P.I.D.I » \\"f ^ Atta-h legal description to application if not included on required survey. Date Property Acquired ___________________________^(month/year) I (do) (do not) also own the adjacent parcels of land. Present use of property: ___residentiaJ X other (specify) ________ Zoning District: ^ IR____ applicant Name .Address: ANT Phone (home) 7(o^ - \\^ QPM/XJQ ^ ■ItyhKHJg \ Phone (work) 5s:^ft<ZO 11. City: PLVAAfk)lU Zip:*re44 l 0)MN’ER (if different than applicant) Address:____________________ Phone (home). Phone (wx)rk)_ City:.Zip:. DESCRIPTION OF REQUEST Estimated Construction Cost S O lOID.CGQ Describe request in detail: _____________________ (attach additional sheets if necessary) VARIANCES REQUIRED X Lot Area _JC Lot Width Hardcover Lot Coverage JC Setback: _JC Front Other (specify)_____ J^Side X Rear Average Lakeshore HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: /^T/^CU€0__________ #2 add^yl she^ if nece^aty) "'4 i0. > fQ AKCmTECTURAL SHI PUN ~r-v-^, 0 ‘7 I! k ■•'ft: i I i i B fitifli-n fiTift'iiWiTl M 1 ■ -tJi- .‘ • I iiiiiL y; •;V • ^ •k I 1 I ll l ' " I 1 I ir- I.'. r Ki^I \ h‘ 'OM p \c eeme: tr pc V4*.l*^ nirilIt { T P ^ JLjL i 01-1’S # t ■ ' I's '^■' * 'i > f D 'fJl>. « W» , §I RRSTa03RPl/M »Mn.*MTi MMM-MMfl wtrenw—.^gtiwn: |M 0 X SECOND rUWR PLAM noosan •w 1. I KI! I S Q -.r.nttr L II i I J..‘ BASE^CNTPLAN untan. h I Hs n I irUtitiiiinniiiiiiii ti- 20 AUGUST 2001 L JUSTIFICATION LETTER VARIANCE FOR: 568 KEENE AVE. P.I.D. 02-117-23-31^2 VARIANCE REQUESTED: FOR REDUCTION IN ’ LOT AREA AND SETBACKS. JUSTIFICATION; • THE SITE IN QUESTION IS .52 ACRES AND IS CURRENTLY ZONED LR- IA ^VT^ICH REQUIRES A 2 ACRE MINIMUM LOT AREA. IT IS SURROUNDED BY TWO MOS*aY UNDEVELOPED PUBLIC STREETS AND TWO ADJACENT RESIDENTIAL PARCELS. THERE IS NO OPPORTUNITY TO ACQUIRE ADDITION.AL PROPERTY TO MEET THE EXISTING 2 ACRE STANDARDS. • THE APPLICATION OF SETBACKS AS DEFINED FOR LR-1A LEAVES A BUILDABLE FOOTPRINT NMIICH IS UNACCEPTABLE FOR A RESIDENCE IN KEEPING WITH THE STAND.ARDS OF THE NEIGHBORHOOD. • THE DESIGN AS PRESENTED MEETS THE LOT AREA AND SET BACK STANDARDS FOR '/, ACRE DEVELOPMENT. THE FOOTPRINT IS 15% OF THE LOT AREA AND THE RARD SURFACE COVERAGE IS 28% BOTH WITHIN THE CITY STANDARDS. • THE CITY EXTENDED SEWTR SERVICE IN THE ADJACENT STREETS IN 1980 PRESUMABLY IN THE ANTICIPATION OF FUTURE DEVELOPMENT ON THE SITE. HARDSHIP WITHOUT APPROVAL OF THE VARIANCES REQUESTED THE SITE IS UNBUILDABLE THEREBY DENYING THE OWTsTRTHE BENEFITS OF HIS INVESTMENT. #2710 PUN DATE •mVIl PATCH S2« NCNNCPIN COUNTY FMrarTV INTOMIATION SVSTCH rROflRIT OHNiRS LIST REnWT HO. PIASMIl fASC »A PMf AIHNI OMHiR HAHC TAKPAVIH NANC/AHOR M IZ-llT-SS SI M27 •12SI DICKCNSOH ST HAItlOH J DCTTLOTF NARION J OCTTLOrr 12SS DICKENSON ST MAVZATA HN SS3R1 M A2-117-2S 31 $$:• ••SSY KEENE AVE B A PAINE AYE PAINE BEVERLY PAINE SSR KEENE AVE WAY2ATA m &53R1 SB RZ-llT'n SI ••2B RRRSR AOOBESS UNASSICNED HENNEPIN rOBTElTEB LAND HENNEPIN rOREElTED LAND 1R27-NC PROP ADOR OMNER NANE TAKPAYER NANE/ADOR SR BZ-lW-rS 51 ROSO •RRSB ADDRESS UNASSICNED JACK C BURCH JACK C t NARION BURCH 4S72 WHI1E OAK DR LINO LAKES NN SSOSB SB B2-n7-2S SI RBBR •12BB DICKENSON ST ANY L KLAERS t JOHN KLAERS ANY L KLAERS • JOHN KLAERS 12BS DICKENSON ST HAYZATA HN SSSRI SB B2-117-2S SI RMl BBSBR RUSSELL AVE J P HCALPIN B N H NCALPIN JOHN P B NICHELLE N NCALPIN S5R RUSSELL AVE HAYZATA HN SKS91 PROP ADDR OWNER NANE TAXPAYER NANEyAODR SB B2-I17-2S SI 0042 OOSAO KEENE AVE WALKER MOTORS INC BEARS IMPORTED AUTOS INC ISSBO HAYZATA BLVO NINNETONKA HN SSSOS SB 02-117-2S 51 004B 0122S DICKENSON ST B H YOUNG TRUSTEE H/L 1ST FAYE LILKE 122S DICKENSON ST HAYZATA HN SSSOl SB 02-117-2S SB 0014 OOOSB ADDRESS UNASSICNED NC LEOD CO REC RAILROAD AUTN DAKOTA RAIL INC 200 NORTH HILL ST FERGUS FALLS HN S4SS7 owner nanc TAKPAYER NANE/ADOR SB 02-117-2S 41 0004 OOOSB ADDRESS UNASSICNED nCLEOO CNTY REO RAIL AUTH DAKOTA RAIL INC 2S AOAHS ST N HUTCHINSON HN SSSSO TOTAL BATCN S20 00010 I CERTIFY THAT THE FACTS RCPRESCNTEO ARE AM ACCURATE AMO TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECOROB OF THE NEIMEPIM COUNTY DEPARTMENT OF PRO^TY TAXATION, TO THE BEST OF MY KNOWLEDCE AMO BELIEF. DATS • J ^ PROmTY TAXATION, TO THE BtS iX o Wm ■i City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. 11 T -I___________ DETERMINING THAT SANlTAiUr SE¥BR SERVICE WILL BE PROVIDED TO VACANT PROPERTY UXIATED ON KEENE AVENUE XMCMM AS LOTS 6, 7« ANC 8, BLOCK 16, MINNETONKA BLUTPS WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Sewer Project 80-1 was initiated by the City to solve existing on-site sewage treatment problems In the Minnetcnka Bluffs-West Ferndale area, within which Lots 6, 7, and 3, Block 16, Minnetonka Bluffs, are located; and WHEREAS, the aforementioned lots 6, 7, and 8 are legally coTbined for tax purposes into a single parcel, legally described as: PINSI 02-117-23 31 :042 Lots 6, 7, and 8 including adjacent 1/2 of vacated alley. Block 16, Minnetonka Bluffs; and • WHEREAS, said parcel is under single separate ownership not owned in common with any other abutting or nearby properties; and— WHEREAS,* all Adjacent lots are occupied; and WHEREAS, the total dry land area of the parcel is approximately 0.52 acres, as compared to the existing zoning regulation requiring 2.0 acres per buildable site; and WHEREAS, said parcel is not buildable without one or more variances from the existing zoning code; and WHEREAS, construction of a single family residence on the parcel. If done according to all zoning performance standards, would not bo contrar to the intent of the Community Management Plan;and WHEREAS, failure to provide sewer service would make the parcel unbuildablo because of insufficient room to provide for house, well, and primary and future septic system drainfield; and WHEREAS, sewer will be availabls In the street or right-of-way adjacent to the property upon ccrapletion of sewer project 80-1, PAGE 1_ _OP_L 'X City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. im_ _ _ _ DETERMINING THAT SANXTAIUr SEWBR SERVICE WILI. BE PROVZOEO TO VRCAMT PROPERTY ZX>CATEO ON KEENE AVENUE mONM AS LOTS 6, 1, ANC 8, BLOCK 16, MINNETONKA BLU7TS ■I WHEREAS, the City of Orono is a nunicipal cors>oration organized and existing under the laws of the State of Minnesota; and WHEREAS, Sewer Project 80>1 was initiated by the City to solve existing on-site sewage treatment probletss in the Minnetonka Bluffs-West Ferndale area, within which Lots 6, 7, and 3, Block 16, Minnetonka Bluffs, are located; and WHEREAS, the aforementioned lots 6, 7, and 8 are legally combined for tax purposes into a single parcel, legally described as: PINSI 02-117-23 31 :042 Lots 6, 7, and 8 including adjacent 1/2 of vacated alley. Block 16, Minnetonka Bluffs; and • WHEREAS, said parcel is under single separate ownership not owned in common with any other abutting or nearby properties; and— WHEREAS,’ all Adjacent lots are occupied; and WHEREAS, the total dry land area of the parcel is approximately 0.52 acres, as compared to the existing zoning regulation requiring 2.0 acres per buildable site; and WHEREAS, said parcel is not buildable without one or more variances from the existing zoning code; and WHEREAS, construction of a single family residence on the parcel, if done according to all zoning performance standards, would not be contrar to the intent of the Community Management Plan; and WHEREAS, failure to provide se’rfcr service would make the parcel unbuildable because of insufficient room to provide for house, well, and primary and future septic system drainfield; and WHEREAS, sewer will be availabls in the street or right-of-way adjacent to the property upon completion of sewer project 80-1, FAGE_J_ _OF_2_ CityofORONO RESOLUTfON OF THE CITY COUNCIL NO. 1171!, THEREFORE, BE IT RESOLVED, by th« City Council of tbo City of Orono that it is reasonable to provide sewer service to the property so as to preserve a substantial property right of the otmer. Sewer service will be provided to the proper^, however, providing this sewer service does not in itself constitute granting of any zoning variances which nay be required now or in the future to pemit construction on the lot which variances if applied for shall bo reviewed on their own aerits and circurastances at that tiae. Adopted by the City Council of the City August_ _ _ _ _ , 1930. of Crono on the 11 %jAXA'>,_____ wxlliari B. r. NcstT .M-yor ATTEST: Waite:^son. City Ada:ristrator i ' • • Wk Applkatioa IHitc: 8/22/01 Applkatius DcMilisc: 12/20/01 REQITEST FOR COUNCIL ACTION OOlJMrif McmNQ ocr 2 2 2001 CITYOFOR u ^k) DATE: October 17.2001 ITEM NO.: DeparlMcal Approval: NaaM Paul Weinberger Title Zoning Administrator Admiabtrator Res-iewed:Agcada Scelioa: Zoning Itcat Dcacriptioa:(VO I-2714 Frederick Puzak 1340 Baldur Park Road Variances Zoaiat Dbirki: LbtorEshibili LR-IC, '/j acre. One Family Lakeshore Residential A B C D Resf'lution Site Plan Memo - Septic Review (October 17.2001) Planning Report (August 13.2001) Review of Request The applicant is requesting variances to permit new construction on the properts . Proposed is to tear down the existing residence and construct a new residence. Tlte property is liKated at the end of the Baldur Park peninsula. Because the lot is located at the end of the Baldur Park peninsula most of the lot area (79% of the lot) is located within 75* of the lakeshore. The proposed building plan requires variances for the follow ing: I.Section 10.22. Subdivision I and Section 10.56. Subdivision 16 (L) (I) • So hardcover or imper\ ious surface shall he placed, located or constructed within 75 feet of the Onlinary Hijth Water Level of any lake 0-75* Lot Area - 17.021 s.f. Existing Hardcover ■ 2.113 s.f. (12.4%) Proposed Hardcover “ 1,675 s.f. (9.8%) Section 10.22. Subdiv ision 2 and Section 10.56. Subdivision 16 (L) (2) • Hardcover shall not exceed 25% in the 75-250'sethai k 75-250* Lot Area » 4,538 s.f. Existing Hardcover = 3.219 s.f. (70.9%) Proposed Hardcover = 2.885 s.f (63.6%) Section 10.55, Subdivision 8 • To permit new structure within 75* of the lakeshore. The proposed house would be located 48* from the lakeshore. within the 75* required setback. The existing residence is approximately 47* from the lake at its closest point. #01-2714 Frederick Puzak October 17.2001 Page 2 of 2 4. Section 10,25, Subdivision 6 • Minimum lot area required » 0,5 acre. The lot is 0,495 acre. PtaanlBg Comihaio* RacoaimMidatkm The Planning Commission recommended approval by a vole of 7 to 0 for variances subject to the condition that the property ovMKr verify either conforming septic sites be idcnlified on the property or connection to sewer be completed. Plaoie review the atiached Planning Report/or background information on se\*er antiseptic issues on the property. The property owner hired Robert Koch, of Koch's Soil Testing - Lorelto, MN. to complete soil testing and design fora septic system. The tests and design work show that the property can support a nmimum three bedroom system. The proposed house was proposed to be a five bedroom home. Malt Bolterman. On-Site Systems Manager, has approved the design, but for a house with three bedrooms or less. Mr. Boltcrman’s memo is attached. State Code requires that the number of bedrooms in a single family residence be used to determine the required system capacity. Staff RcconiieBdation To approve the variance application subject to the property owner submitting final architectural plans convening two of the five proposed bedrooms into another use. The e.xisting non-compliant septic s>stem would be required to be abandoned per state and local requirements and the new three bedroom s>stem installed prior to occupancy of the new house. Any change to the layout of the house or exterior plan would require a new variance application. COl NCIL ACTION REQUESTED Nloiiun to adopt the resolution approv ing variances to permit construction ofa new residence on the property. A RESOLUTION GRANTING VARIANCES TO MUN»r|PAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2; SECTION 10.56, SUBDIVISIONS 16 AND (L) I AND 2; AND SECTION 10.55, SUBDIVISION 8 FILE NO. #01-2714 WHEREAS, Frederick Puzak and Julie Thometz (hereinatkr "ihe applicants") are o>%iiers of the property located at 1340 Baldur Pork Road within the City of Orono (hereinaAer "the City") and legally described as follows: Lot 30. Block 1, Baldur Park. Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, aAcr due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning ( ornmission 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 have applied to the City for a variance to Municipal Zoning Code Section 10.22. Subdivision 1 and Section 10.56. SuMivision 16 (L) (1) to permit 1.675 s.f. (d.8*/o) hardcover writhin 75' of the OHWL of the lake where 2.113 s.f. (12.4%) exists and no hardcover is allowed; Section 10.22. Subdivision 2 and Section 10.56. Subdivision 16 (L) (2) to permit 2.885 s.f, (63.6%) hardcover where 3.219 s.f. (70.9%) exists and 1,135 s.f. (25%) is allowed; Section 10.25. Subdivision 6 to allow construction on a lot of 0.495 acres whv.e 0.5 acres is required; and Section 10.55. Subdivision 8 to permit replacement of structure writhin 75' of the lokeshore for construction of a new residence on the property; and Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono. 1. 2. HNDINGS This application wta reviewed as Zoning File #01-2714. The property is located in the LR-IC One Family Lakeshore Residential Zoning District where 0.5 acre is the minimum lot area requirement. The property has a lot area of 0.5 acre. Page 1 of7 4 The Orono Planning Commission reviewed this application on September 17, 2001 and recommended approval on a vote of 7 to 0 to approve variances as requested based on the following findings; A. C. D. Property owners propose to remove the existing residence and construct a new residence. The property is located at the end of the Baldur Park peninsula. Because the lot is located at the end of the peninsula most of the lot area (79% of the lot) is located within 75‘ of the lakeshore. Only a small portion of the property is located outside of the 75’ setback. Due to setback requirements, most of the 75' - 250' setback area is not buildable due to street setback and side setback requirements. The property is located in the MUS.A area. The applicant's house is the only house on Baldur Park not connected to sanitary sewer. The property is not ser\ed with sewer because the sewer serv ice stops at the end of the public maintained Baldur Park Road. The existing residence is not connected to sewer because an casement for utility or sewer purposes would be required across the adjacent properties to Baldur Park Road. Ihc property has an casement for driveway purposes only. ITie Council approved a preliminary plat subdivision approval in 1982 for two lots between the subject property and the end of the maintained Baldur Park Road. Using the preliminary subdivision approval from 1982 the City can assume there is a possibility that there are two buildings sites south of the property. Based on this assumption, a total of 3 lots will ultimately require sewer connection. The property also has an easement over Lot 31 for private septic purposes. There is one system located on Lot 31 that is listed as compliant because it is more than 3 ’ above the seasonal water table. The system is q21 compliant with all regulations because the entire drainfield site is located within 75* of the lakeshore. Occupancy of a new house requires the septic to be replaced. Page 2 of 7 G. The proposed structure does not exceed 15% of the lot 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 disuict; that granting the variances \%x)uld not adversely affect tratfic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely ser\e as a convenience to the applicants, but is necessaiy’ to alleviate a demonstrable hardship or difficulty; is necessar>’ to prcserxe 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, coinmcnis by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22. Subdivision I and Section 10.56. Subdivision 16 (L) (I) to permit 1.675 s.f (9.8%) hardcover within 75‘ of the OHWL of the lake where 2.113 s.f. (12.4%) exists and no hardcover is allowed; Section 10.22, Subdivision 2 and Section 10.56. Subdivision 16 (L) (2) to permit 2,885 s.f (63.6%) hardcover where 3.219 s.f (70.9 “o) exists and i.l35 s.f (25%) is allowed; Section 10.25, Subdivision 6 to allow construction on a lot of 0.495 acres where 0.5 acres is required; and Section 10.55, Subdivision 8 to permit replacement of structure within 75’ of the lakeshore for construction of a new residence cn the property subject to the following conditions; 1. Property owner shall submit final architectural plans con\erting two of the five proposed bedrooms into another use due to the maximum capacity system is for a three bedroom residence. The residence shall remain as a 3*bedroom home until such future date that it b connected to municipal sewer. 2. The existing non-compliant septic system b required to be abandoned per state and local requirements and the new three be^oom system installed prior to occupancy of the new house. Page 3 of7 Any amendments to the approved site plan “Attached Exhibit A" shall require a new variance application. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (October 22, 2002). Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned 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 of Orono, Minnesota at a regular meeting held on the 22nd day of October. 2001. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owiiers Page 4 of 7 L________ STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 22 “* day of October. 2001 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTT' OF HENNEPIN On this day of j)ersonally appeared before me. who is personally knox^n to me whose identity 1 proved on the basis of whose identity I proved on the oath/alTirmation a credible witness and who executed the foregoing instrtunent, and ackrrawledged that he/she/'they executed the same as hisher/their free act and deed. Notary Public Pages of? J STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of j)crsonally appeared before me. who is personally knowrn to me whose identity I proved on the basis of whose identity 1 proved on the oath/affirmation a credible witness and who executed the foregoing instrument, and acknowledged that he/shc/they executed the same as his/hcr/their free act and deed. Notary Public Page 6 of? L iMdiiiilll... CERTIFICATE OF SURVEY FOR FRED PUZAK OF LOT 30; BLOCK 1, BALDUR PARK HENNEPIN COUNTY. MINNESOTA LAKE Exhibit A k«l 30. 8>ocik I. 8Miy Park. la^aU^ar aotrr^t lar privota »*«tr pwrtAM* kal 31. *0«k 1. "Bao^ P«r%-. M eo"«or#d M Ooc Mo f*tn o» P«9«Uer •« T.ca*. Norvopkl Cai^r. MMPOMU o ■ «t«olM iro« rnerkar (■?«•) Oar<OtM OxOMf tool M«OtiOA. O>0«> MO lo«Ol .|M> - - oonatoo Ok'Ot«<B C0M|»^ iro. iroon ooo ia>« Mh/n. *CTC 8««r«^ or« oom O mom ox ottMtoo Trot coMoi# #i*o»**>ot<OM « l*art Iroro Ok/ 0k/>0/ Oo*tO H-V-SI Tho o./»o» Mtanet lo or>o« IM Ook/^oo 1 tM Me«o «oocr«oO prooort^ Iro locator) 0> on 0»tt<n4 nOkOO. O^o ino locotion o' ot ns«o ~l>oroco«or* tMroon N coo* not pk/por( lo onoo — —......... Page 7 of 7 L^U- kki K<ki 1*-2» gk 'r •I-JO-O* XW *d GITYofORONO MMidHOflkn SirwtMirtss; 2750 Mti Pailnny Orone. MN 55356 P O Bn 66 CiysUI B«y. MN 55323«)66 TO:Paul Weinberger FROM:Matt Bolterman, On-Site Systems Manager DATE;October 17,2001 SUBJECT;Septic Review for 1340 Baldur Park Rd (Puzak) The proposed tear down and rebuild of 1340 Baldur Park Rd must have approved septic sites that meet all Orono and State septic requirements. Soil tests and design work show that a three bedroom prirnar)' and alternate septic site can be located on the property. The sites are on an easement on the neighboring lot to the S W of the proposed house. The primary site w ill be an in-ground seepage bed and the replacement site is an in-ground trench system. There is a well that must be moved when the replacement site is used to meet the 50 foot setback. The c.visting septic system shall be pumped and backfilled when the e.xisting house is demolished. Based on the above information, staff recommends approval of a new three bedroom house In regards to septic. TMrpNwit 052) 24M6t6 • Fax (fS2) 24M6I6 DaU of Coaiplele Applkatloa: 60 Day Dcadliae: 8/22/01 iO/21/01 XO: Chair Uaxvn and Orono Planning Commission Members Ron Moorsc, City Administrator FROM: Paul Weinberger. Zoning Administraior/Planner DATE: August 13,2001 Sl’BJECT: «01 -2714 Frederick Puzak 1340 Baldur Park Roa« Variances - Public Heuing Zoaiog District: LiatofEiliibits LR-IC One Family Lakeshore Residential District A Applicaticm B Application Letter (8'22;‘01) C Sewer Map D Floor Plans F. Elevation Views F Proposed Site Plan including Septic Sfles G E\isting Sur\ey H 0-75' Hardcover - Proposed I 75-250* Hardcover - Proposed J 0-75* Hardcover - Existing K 75-250* Hardcover - Existing L Plat Map M Property Owners Notification List Application Review The applicant is requesting variances to permit new construction on the property. Proposed is to tear down the existing residence and construct a new residence. The property is located ai the end of die Baldur Park peninsula. Because the lot is located at the end of the peninsula most of the lot urea (79^/0 of the lot) is located within 75' of the lakeshore. The proposed building plan requires \ arionces for the following: I. Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16 (L) (1) - Ao hardcover or impervious surface shall be placed, located or constructed within 75 feet of the Ordinary- High f later Level of any lake 0-75’Lot Area - 17,021 s.f. Existing Hardcover - 2.113 s.f. (12.4%) - Including Non-conforming rock and plastic 1,638 s.f (9.6%) excluding rock and plastic Proposed Hardcover ■ 1,67S s.f (9.8%) •01.2714 r«4c»kkrttiai \ytO Ba4nr Pafk R<Md WI7«t)l Pilots I Scclion 10.22. Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) - Hardcover shtdl noi exceed 25% in the 75-250' setback 75-250 ’ Lot Area « 4.538 s.f. Existing Hardcover = 3.219 s.f. (70.9%) - Including rock and plastic 3,206 s.f (70.6*?o) Excluding rock and plastic Proposed Hardcover ■■ 2,885 s.f. (63.6*/o) Section 10.55, Subdivision 8 - \o hardcover or structures are permitted within 75'of the lakeshore The proposed house would be located 48* from the lakeshore, within the 75* required setback. Sewer/.Septie Issues The property is located in the MUSA area. The applicant's house is the only house on Baldur Park not connected to sanitary sewer fhe property is not served with sewer because the sewer service stops at the end of the public maintained Baldur Park Road The Council approv ed a preliminary plat subdivision approval in 1982 for two lots between Mr. Puzak's property and the end of the maintained Baldur Park Road. Using the preliminary subdivision approval from 1982 the City can assume there is a possibility that there are two buildings sites south of the Puzak property . Based on this assumption, a total of 3 lots will ultimately require sewer connection. Mr. Puzak's residence is not connected to sewer because he docs not have an easement for utility or sewer purposes, out to Baldur Park Road. He has an casement for driveway purposes only. Mr Puzak's property also has an easement over Lot 31 for private septic purposes. There is one system located on Lot 31 that is listed as compliant because it is more than 3' above the seasonal water table The system is not compliant with all regulations because the entire drainficld site is located within 75' of the lakeshore. In order for the City of Orono to permit construction of a new home on this site, it must comply with one of the following: The new house must be connected to sanitary sew cr serv Ice; The City Council re\ ie\yed a request by Mr. Puzak for sewer connection in 1999 The City determined they u outd study the extension of sewer sen ice to the applicant s property The City uoulit have had to proceed with a condemnation process to acquire a public easement that would allow the extension ofmunicipal sewer to the applicant s property The 1999 estimate for the cost of the sewer extension was around $60,000 to be asses.sed to the benefiting property owners Mr. Puzak had inquired about using the easement to construct a private sewer connection for his house. The City took the pos it ion that they would not proceed with the condemnation unless it was for an extension to the public sewer to ser\\ his residence as well as the adjacent properties. A City can not condemn easements withtnit a public purpose. The City had concluded an easement for private service was not the best alternative in this case and did not proceed with the condemnation. tOI-2714 Fitdcnck Punk 1240 Bildur PaikRMd 91701 rtttiois A Tbe lew hoasc must be connected to a conforming septic system meeting all the Local nnd State standards. The existing system is located within 75'of the lakeshore, A new house could not be connected to the existing system and is therefore not conforming. The property o\*ner must provide designs for two conforming septic sy stems on the individual lot on which the house is being constructed (This lot would include the area where the easement exists for septic construction). The survey submitted shows one drainfield site but no design work has been completed It b not known if the property would have two conforming sites available, but it appears unlikely. The only way to determine ifthe property has two sites is for the applicant to have testing and design for two sites completed by a licensed evaluator. Mr. Puzak has tried unsuccessfully to acquire an easement fur municipal sewer connection purposes from the adjacent property owner. Zoning Rcsiew and Hardcover Setbacks Required Proposed Front Side Lakeshore 30' 10' 75' 30 ’ 10 ’ 48* * Requires variance The existing house is located 2.4 feet from the side property line. The new house would be located to meet the minimum side setback requirement of 10'. The primary issue is how much hardcover is proposed and where new structure is located. The proposed house is 3.230 s.f. which is e.vactly 1 3^0 lot co\erage by structure. In his hardship statement Mr. Puzak has stated his desire to design a home that meets the 1 5®/o allowed lot coverage. The size of the house combined v\ith the very limited land area within the 75-250' lakeshore setback results in the request for hardcover variances. ANALYSIS WORKSHEET Lot Area; LR-IC Lot Area Required 1/2 acre Actual 21,559 s.f. (0.49 acre) fOI-27l4FicdtrkkPHal( l340B«MorPiffcRo«l 9/17/01 P^JoTS Structural Coverage: Total Lot Size Total Structural Coverage 21.559 $f Allowed: 3,234 s f (15^,) E.xisting; 2.221 s.f (10.3%) Proposed: 3.230 s.f (15%) piardcover Calculation ; Distance from shoreline Total area in setback Allowed hardcover Existing hardcover Proposed hardcover 0-75 ’17.021 s.f 0 s.f (0%)1,638 s.f (9.6%) 1.675 s.f (98%) 75-250 ’4.538 s.f 1.134 s.f (25%)3.206 s.f (70.6%) 2.885 s.f (63.5 “.i) 21.559 s.f 4.844 s.f 4.560 s.f The total hardcover is in fact being reduced on the property. Much of the reduction is drh eway. landscape plastic and ground level patios. The total hardcover that is devoted to structure would increase from 620 s.f. of e.xisting house/garage in the 0-75’ setback to 1.125 s.f. an increase of 505 s.f. The total hardcover devoted to structure in the 75-250’ setback would increase from 1.601 s.f to 2,105 s.f. an increase of 504 s.f. The total structural increase on the property is 1.009 s.f Options for Planning Commission Action I. Recommend approval of the variances. A recommendation of approval of the zoning variances, subject to: A B. C. D. Septic Testing determining two conforming sites are located on the property, or within the easement prior to issuance of a building permit, or. sewer extension acceptable to the City is pro\ided to the property and a utility easement is granted to the public to allow the sewer extension to be complete. No building permit will be issued for the new house until the sewcr'septic is appi,jved and installed per the requirements of the City. A final grading plan must be provided with the final plan set and must be approved by the City Engineer prior to Council review. •0I-2TI4 Fitachdi Piuak D-iOBaMwPvkItMd 9/17/01 r«|c4er5 Recommend denial. A. C. Table. Based on no confonning septic s>'stem is located on the propem and no testing infonnation has been received b>‘ the Cit>-. No new house can be constructed unless the house is connected to sanitary sewer or two conforming dralnfteld sites and complete s>’stem designs have been provided for installation. Septic design requirements include full design for a 5 bedroom house. The Planning Commission and Council can nd grant variances to septic standards. Other findings related to the zoning variances on the site plan. A. Require additional information regarding the status of the property in relation to sevsage disposal, whether sewer or septic. B. Applicant should agree to waive the 60 day application deadline and sign a letter confirming the application deadline has been officially waived. 4. Other action. Staff Recommendation Staff would recommend Alternative 3 to table the application and require the property owner and City work towards completing the sanitary sewer extension to the property and complete rev iew of the application following resolution of the sewer extension. CITY or ORONO - VARIANCE APPLICATION Initial Application Fee S250.00 (SSO.OO per each additional variance) Renewal Variance Fee SI50.00 (no change from original application) Variance for non-conforming structures $250.00 After-*Jie-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address \MO -eALDUR. AppBcatioo # Ci' Date Rccch-cd / Amount Paid t^Sc'r c t Property Identification Number (P.I.D.) ^ QCj\ ^ Attach legal description to applicadon if not included on required survey. Ac<,uired_^6/^4 -----------_________________________^(raontWyear) I (do; {do n§t) also own jh^adjacent parcels of land. Present use of property: ^ residential Zoning District: _other (specif>)_ APPLICANT Name Address:City: Phone (home) *?5? Phone (\vork)_J'WSlHKi zip^.£^7f. OWNER (if different than applicant) Name Address:City:. Phone (home). Phone (vvork)_ DESCRIPTION OF REQUEST Describe request in detail: ___ Estimated Consiriuction Cost S .s4AVVt.L..^\ ■ '1“^!'^ (attach additional sheets if necessary) VARIANCES REQUIRED - ------Lot Area -----Lot Width ^ Hardcover Setback: ___Front Other (specify)_____ Side Rear .Lot Coverage Average Lakeshore HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulr.' or unusual property cqnditions preventing compliance with Zoning Code requirements: /) (attach additional sheets if necessary) U. C"'.-■r. o' 1“^ 1 /I REQUIRED SUB>nTTALS All .of the follftwing information mutt hi. ..ibmitted hv th^ annliratin^ Itfailifnf ditf in order for vour application to he cnn«irf«>r>^| yompl«>n.; n«t¥ m 1. 2. 3. 5. 6. 8. Completed Application Form Certified Property Owners List of ouTiers within 150’, labels and plat map (you must list, labels and map from Hennepin Countv Department of Finance, A-603, Govt Center, 348-5910). Certificate of Survey (signed by a licensed sun-eyor) and include hardcover calculations as required. In addition, provide one (1) copy 8'/a” ,x H" for reproduction. To^graphic suney (existing and proposed elevations) if any changes in existing grade are pro|Nsed. In addition, provide one (1) copy 8'/:" x 11” for teproducUon. Sketches or plans of floor & elevation views (provide one (1) copy 8'/j" 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 o\sner(s). As an addendum to this application, please attach a separate list of anv other persons you wish notified of this application. Additional items as may be requested by City staff The Applicant and Property Owner must sign this application. Please remember that voir mriance appiktilon Is not commeie if it... .ho, , information ha. nn. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator agrees to pay addi.ional fees (staff lime not covered by original fee pavment) and/ot consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his-Tier knowledge. Applicant’s Signature_____________________Dale a|tt.|foi OWNER'S SIGNATURE FPePERVtVC lO ,'FoT.flW, i,.c)l\ The owner hereby acknowledges and agrees to this application and (Cither authorizes reasonable entry onto the property by Ctty staff, consultants, agents. Commission members, and Council members for purposes of investigation and verification of this request. Owner's Signature ______Date Applicant must have all subminals into die City offices 25 days before the Planning Comnussion Meeting. Planning Commission Meetings arc held on the third Monday of each month. Applicants must be present at all scheduled review meeting.^ 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 & Zomng Office of this change prior to the meeting. -A A CITY OF ORONO - VARIANCE APPLICATION 1340 Baldur Park Rd., Orono, MN 55391 DESCRIPTION OF REQUEST Describe request in detail: Applicant respectfully requests lakeshore setback and hardcover variances required to replace a nonconforming two-fiunily residence with a conforming single-family residence on a acre lot (21,559 sq. ft.) zoned LR-IC. The new construction will reduce ^ —Iwmlrover iinhe 0 - 75’ zone byHIB sq. ft. and wiU reduce hardcover in the 75 - 250' rt zone^^lP^sq. ft. The new home will be no closer to the lake than the existing €» ST structure, which is 48' back from elevation 929.4. The proposed structure meets side- yard setback, front-yard setback and 15% maximum structural coverage requirements, while curing an existing lot line/side-yard encroachment. HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe uiulue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: A hardship e.xists in the feet that 79% of the lot area (17,021 sq. ft.) fells within the 0 - 75’ lakeshore setback zone, leaving only a long and very narrow building envelope of 26’ tapering to 12’ in width. The applicant's architect has worked with diUgence and sensitivity to the site to provide a responsible solution to satisfy very challenging zoning requirements. The plan preserves existing trees and topography, while substantially reducing hardcover. ADDITIONAL INFORMATION APPLICANT THINKS APPROPRIATE On several occasions, applicant has met with city staff for guidance in approaching this hardship; staff s courteous arxl professional advice has been greatly appreciated. At staff s direction *he proposed structure has been located to eliminate the side-yard encroachment, and the originally proposed garage was rotated 90 degrees to eliminate need for a front-yard setback variance and to help reduce access hardcover in the 0 - 75’ zone. Staffs suggestion that hardcover be reduced has been accomplished. #2714 6 tiiiiaiiii I "t (>.n' i D(A3^*CR5HI^ /Hi UOiVl. # <9|.‘9<». |AJ**N P’,/!f\*JULlKl JkatiiAi^ vV \ \ojrff i3-=T I / I/a.»» - I •- /»'«' '“"7.“:; r~’r'Ts\ r>^^* -___ » A A >»/*»--» I - ri.r' ♦ - .'•> !C/ ' « 1 ___T-!'-» io ' .■Fv.Zr/iri<=-,-..Tih>iicra--rttfA>g.. ----------y------------------------V--------------------------------a^L-fcw/i-teL.. M/l!«<t/w<MI*t... r *K.»: «rr»v;r»..;.T.-c7 I'p 41 .yu Asi.-! <o ft L eMSvOA.-rii»s^ -y\^A:fS\H&----------------J5/.&-a:J?r. - - I - I <=* ---------- -—....— . swv &je^.--------:____1f/jr^3<ePi,___ CERTFICATE OF SURVEY FOR FRED PUZAK OF LOT 30. BLOCK 1, BALOUR PARK HENNEPIN COUNTY. MINNESOTA LAKE MINNETONKA PRINTED Mo . 2 7 ^001 SHARR.ATT &. MACDONALD DESIGN CC. IPANY LtCM. C««w*tcn Cf P?£lJrt« Lei M. fteefc «. Port. togeU««r en ee»»r>*ert tor prntole tooor tjretem p«#peee« o«er Lei Jt. Becfc i, ^trk" at ceni«red i<« C«e **0 l«4CMt. t*ot el Re9«t/er el Titie*. Herrep« Cei/it/. Uinreeolft x; ih'lcax *(t €h NULWT CO. foa. ‘MiAhJCg eeneiee ven n'orker («7au «eeelee ebet<x4 epei tfrouon. moan tee itTe) ceik/n : eenou* e»ttJ^ cenfour ifie. me«i tee eoum NOrC - TKt cwilet^ Mermet<en « _______ukiaJaKajBi£Jh£2i£_MsS_lLi2zll•eoroQi t^«•n ere bcted uoee en eitunid Ulv. The KTvtir inlends le ohoo ti>e beu^et el l^e cfeort eet<r«ee property. U<e oeelien el ee ete«ir>9 i»e««e. end tti# lecener* of cd •••«« *^peo»er* triereerv It tftet net p^vert tp tne« any emer •e^e*ementt w enareaeten^tt. ^^oomuftoiniaaBiiiic 4«t MpMMI MOtC. IM UK. «l MJM mri ■«!mm Id w«w>tt tw> M —ler u«Mt ^»HPa» mmom im s* mmmmmmimmmmm y iirr CERTIFICATE OF SURVEY FOR FRED PUZAK OF LOT 30. BLOCK 1. BALOUR PARK HENNEPIN COUNTY. MINNESOTA LAKE Lol 30, Stoch 1. Park, lafau*^’ «.lh on aes*r««xt pri«ai« *t««r t,«tam orar lal Ji. Back «. P»k‘ M co<'t»Ka4 >n 0«C »440S»I. p<«a #> . I r.utt, !*•«»•>« Cacrl/. UrmaMta a ecr«ltt iro-i morkar («>»•) «ar<etaa auat«<q apal a*arat««. aoa %*« aatwn •a«->. ; aaootaa ant^ ca«ia«r tna. mur aaa ia«« PoHa MOrt •avinca ar*— ora »aa*< «««• «« «aau«aa «ei.yn T*kt tamtm* aitarmatpn « l»aa «ram aataa ll-O-St Ti*a awrvay oMonPa u a*«« «^a Mv/hm- aa •< (M «•.« aa«cr«M prapon,. I^a lacatipn *r aa pataUtg PMa. ana u«a iocaiian of oi —- i >«aea«v* inaraaa N Ooaa not p^rpori ia ««»• on, pfli* arpra.awanu or ancroatf»iiania oomi A OHunc. nc 1P«W» •! M*l «« raHMaoi MQU. IM uac W MJM i m m 9*m s m y ^ MM- «> "zn? L. HA k^COVER calculation WORK o^ET iP^PoSr'L. SETBACK ZONE: (CIRCLE ONE)©75-250*2S0-500*500-1000* Length B. Girage C. Driveway D. Sidewalk PftiNTEU X A•^2 2-rclH- E. Patlo/Dcck F. Landscape Underlain By Plastic SHA RRATT a MACnONiat p> design company G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE _ _ _ _ _ _ _ _ B X 100 PROPOSED riARDCOVTR IN 70NT. A. Hqmsk GnAg^B Length UW-Jt B. OtuB^tt C. Drtveway (ETV> D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE _ _ _ _ _ _ _ _ _ _ ♦ B X too 550 JLUa S.F. ST. S.F. S.F. S.F. S.F. SF. ST. S.F. S.F. S.F. ST. S.F. S.F. V# S.F. S.F. S.F. S.F. S.F. S.F. S.F. ST. S.F. S.F. S.F. S.F. S.F. S.F. H A ^ B • I hardcover calculation worksheet SETBACK ZONE: (CIRCLE ONE) O-TS* 250-500’500-1000' A. Houm B. Garage C Driveway D. Sidewalk printed E. Patio/Eleck Aii'i z 7. ^uin F. Landscape linderlain By Plastic sharra ttx- Macdona ld design company O. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE _ _ _ _ _ _ _ * B X 100 PROPOSED HARDCOVER IN ZOIVr A. House 4* Lcn|iii »i«}i B. Garage C. Driveway ' D. Sidewalk E. Pai«»^Dcck4»^ft6ftvj fefeeVi F. Landscape Underlain By Plastic 0. Oihcr TOTAL HAPJXrOVER IN ZONE TOTAL PROPERTY AREA IN ZONE _ _ _ _ _ _ _ _ B X 100 aS)0 %\9 SF. S.F. SF. SF. S.F. S.F. S.F. S.F. S.F. SF. SF. S.F. SF. S.F. S.F. SF. J.F. S.F. S.F. SF. ST. S.F. ST. % X S.F. S.F. SF. SF. S.F. H/ 'DCOVER CALCULATION WOR' SETBACK ZONE: (O^CLE ONE) jEXISTINn HARDCOVER IN 7H?str A. House ______________ X Unadt 75.250* UiCIh "HEEl ^"/O-OO 250*500' 500*1000' ^** • ^ZO s.F. - House B. Gare|c C. Driveway • •}• •r' D. Skfewatk / E. Patio/Deck F. Landscape Underlain ' By Plasiic G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE _____________+ B X 100 A. House X ■5 P •WiUUi X V m S.F. m m SF. S F B.Oarafe X m ^ F C.Driveway X m S FXmS P •• D.Sidewa'.k . *m S F. m S F • E.Pa:io/Deck ■i S F * _ , X S P • F.Landscape .... X ■S.FUnderlainaS F / - . By Plastic X m S F J: . *••G.Other X m S F TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE + B X icn S.F.'xi' •< A • wt S.F. t • •» ... S F. S F. S.F.-Qo»/U>eaj _^2 5 S.F. S.F.-COnc,va» S.F. Ci^ 2 / * ;■ J1.0 2.I t S.F. - / .^ <■/ % S.F.-«®« S.F.-Po« S.F.-'^*5 w»fi3cv» S.F. A ■/ I •' h. 0)COVER CALCULATION WOl iHLET SETBACK ZONE: (CIRCLE ONE) 0-75* EXISTING HARDCOVER tN A. House L(fl|(h /-/J s-V®/- (7S-2S3 ;) 250-500' SOO-IOOO’ *' * )C1601 u,<m •S F. * Moose’ B. Cange C. Driveway -D. Sidewalk E. Fatio/Dcck F. Landscape Underlain By Plastic G. Other 6SS UF.g.*H67 TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ----B 453g» A. House HARnrnvpR pr UcTTSf Length W.Jth B. C. Garage Driveway D. Sidewalk E. Paiio/Deck F. Landscape Uoderiain By Plastic 0. Other ei,L • 4U.-7 TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE _____________ + B IDs- ___APq; _ S.Ffcv __ S F.-iSc7yvOf»‘ 113^*r. % 46. S F..CONC. Of n: S.F. S F. m ^ S .F^ * N* # B S.F. HP _ *?**■<* fc a e m S F 29 S.F w/ji .^2.1^S F.A•4-3 r“s.F.BX ICO ■7. B S.F. B S.F. B S.F. S __ S.F. B S.F. B S.F. m S.F.• m -7Z S.F. m S.F. m S.F.fg^ • ♦ • S.F.<8■* B S.F. S S F.it B S.F.*: • B ^=1 S.F. SI S.F.4'v•••S.F.B .a too 1 % \ r r•! • ' »•* 4.. - i.r • ► • S L MM MTf 9UIU— MTCN MS NMKfiN cauNTY fmrctrv iNroamTioN system raortiTY mnus list MPWT NO. riossoti root 10 OMNEI IMM TAMMYfl NMft/UM M 0a*117*2S si ttis •MM MOOfSS UMSSlONn nUION J N rUMRLXN WUIMN rOANRLIN 17S0 MEM MZ6NTM tL¥D HnS NN SMIS so M*I17*ZS SI Oils OOOM MONESS UNASSUMEB MILLIM J N FOMKUM HILLIM FOMRLXM 1750 MEM MI6NT0N M.VD MPLS NN 5M15 SO 00-117*tS SI ItlO •••M MONESS UNOSSIGNEO WlUION J N riMOU.XN IfILLlAH roMoaiN 17Si NEV MI6NT0N M.VN NfLS NN SMIS POOP MOO OMMEN NME TMPAYEO NME/MM M •0-117-2S II MIS •ISO* OALNUO PASO 10 PMOEOICK N PUZM POEOEOICR N PUZM PO SON IM SPRINO PAM NN SSSOO M •••117-2S SI ••!• •••M ASOOESS UNASSI6NE0 KILLIAN rOANRLIN KILLIAN PKANRLIN 17S0 NEK MISNTON SiVB NPLS MN SMIS M M*117-2S II ••17 •••M AOOOESS UNASSIONEO KILLIAN rOANKLlN KILLIAN PRANRLIN 175* NEK KRI6NT0N ILVO HPLS NN SMIS PROP AMO OKNEO MME TMPAYEO NANE/MOO M •a-ii7-n 11 ••10 •••M AOOOESS UNASSIONEO KILLIAN J N PRANRLIN KILLIM PRANRLIN 17M MEN aOlONTON OLVO MPLS NN SMIS TOTAL OATCM S«5 ••••7 i •• ... I CERTXPY TNAT TME PACTS KPOCSfMTES AM AN ACCURATE AMR TRUE MPIKSCHTATION OF IMPOMATION M H APPEARS TMU OATt ON TNi MCOOtS OF TM MEMEPIN COUNTY SEPAOTNENT OP POOPfOTY TASATX«I« TO TME REST OF NY EMRMLERCE AMR RELIEF.P. A A • ' REQUEST FOR COUNCIL ACTION COdMrn MP*rnNO OCT 2 2 2001 DATE: October 1 f?93b9^ OflONO ITEM NO.; if Departmeat Approval: Name Paul Weinberger Title Zoning Adntinistrator Admiaistrator Reviewed:Agenda Section: Zoning Item Description: itOI-2‘718 Zoning Code Amendment Section 10.03. Subdivision IS Relating to Fence Standards tutor Exhibits h A Draft Ordinance B Standard Fence Regulations C Sample Illustrations D Planning Report (September 10.2001) Review of Request Council had requested an opportunity to review the City Ordinances as they relate to Fence construction and design. The Planning Commission held a public hearing on September 17. 2001 and a Work Session on October 4.200 1 to discuss amendments to the e.xisting ordinance. The Planning Commission concluded the ordinance should reftect amendments that would include standards on fence construction, maintenance and changing the permitted height of “split rail” fences. Fences have been regulated under the section of ordinance titled “non-Encroachments" (Section 10.03, Subdivision 15). Non-Encroachments are items, such as fences, that are allowed to be located within required front, side and rear yard setbacks. Council has indicated that the current ordinance may need revision to fence regulations pertaining to fence construction and to review whether a permit should be required for fence construction. The existing ordinance does not require a permit, or regulate icncing materials or viMial appearance of fences. One primary issue noted by Council is whether the City should require property owners constructing fences to locate the “finished” side of a fence towards neighboring properties. The finished side of a fence assumes the structural supports face the fence owners property. Existing Ordinance; Underlined are the notations within the existing ordinance that the City uses for regulation of fences. Subd. 15. Non-Encroachments. The follow ing shall not be considered to be encroachments on yard requirements; A. Chimney s, flues, belt courses, leaders, sills, pilasters, lintels, ornamental fe.iturcs. mechanical devices, cornices, eaves, gutters and the like, provided the»’ do not extend more than I -1/2 fern, off-street parking except as hereinafter regulated. B. Name plate signs for one family dwellings; lights for illuminating parking areas, loading areas or yards for safety and security purposes, piovided the direct source of light is not visible from the public right-of-way or adjacent residential property may be located to within five feet of the front lot lint. #0!-27lS Zoning Code Amendmcnl October 11.2001 Page 2 of 3 ________________ C. Feturei nhich Jo not exceed 3-1/2 feet in height, fences not over 6 feet in height tdong the street tot tine of take frontage tots which front on a major thoroughfare, tffitt is required, the total combined height of both f*. nee and fitt shatt not exceed 6 feet above the height of the crown of the road. terraces, steps. unco\ered porches, stoops or similar structures, which do not extend above the height of the ground floor level of tlic principal building and extend to a disUnce of not less than 2 feet from any lot line. D. In side or rear yards onty. ba>s not to exceed a depth of 2 feet nor to contain an area of more than 20 square feet, fire escapes not to exce^ a w idth of 3 leei. fences and watts not to exceed a height of 6 feet above originat grade and open off- street parking except for takeshore tot.y no fence or m att oxer 42 inches hut not in excess of 72 inches in height above originat griide may he tiKated ctoser to the shoretine than the aserage distance from the shoretine of existing residence buddings on adjiKent tots. .xiKh fences shatt not be constructed within "5 feet of the shoretine E. Rear yard onty. balconies, brcc/ewavs. detached outdiHir picnic shelters and recreational equipment except as regulated heicinafler; no accesstiry structure shall be closer than 5 feet from a rear lot line nor shatt a fence or watt constructed within a rear yard exceed a height of 6 feet above originat grade F. Side >ards only; no accessory structure shall be closer than 10 feel from any side lot line nor shatt a fence or watt constructed within a side yard exceed a height of 6 feet above originat grotte Proposed Ordir Exhibit A is a draft ordinance that was reviewed by the Planning Commission. The primary intent of the ordinance revision is to require *^finished” sides of fences to face the neighbors house. Most Cities require the finished side of the fence to be faced either towards the neighbor and/or towards the public right of way. Hie proposed ordinance does not change the existing requirements for height and location of a fence, except in the case of a split rail fence. The proposed ordinance would allow fences of no more than three rails to have a maximum height of 48" and rail fences may be 60" above grade when used for the keeping of horses. In all cases a split rail fence could not be more than S0*/« opaque. The only other proposed rev ision would change the "average lakeshore setback** for fences to be defined as the average setback between the fence owners residence and the closest adjacent neighbors residence rather than the average setback between the two adjacent residences Review of Planning Commission Discussion - Proposed Ordinance Changes • I he proposed ordinance for review and discussion would allow split rail fences to exceed the existing standards of 3 Vt feet in required front or street yards. The proposed ordinance would allow fences of no more than three rails to have a maximum height of 48" and rail fences may be 60" above grade when used for the keeping of horses. In all cases a split rail fence could not be more than 50% opaque. • The new ordinance would include language that would require fence owners to keep a fence in a reasonable and safe condition. • Fences would also be required to be installed with the ‘‘finished** side facing a neighboring property or a public/private roadway. The finished side of a fence is the side of the fence having no structural supports. #01-2718 Zoning Code Amendment October 11.2001 Page 2 of 3_________________ • Also discussed were the options of ordinance revisions to require sw imming pools to be fenced. Their was no conseiuus on the Hlannin^* Commission whether to require fences on pools or to continue to not require. The primary reason fences were discussed were for safety and security purposes. • The use of privacy fencing in front yards was also discussed without a consensus on how fence standards could be amended to allow higher fences in front and side yards Staff RccoMmcadatioB Provide direction to staff regarding amendments fertce regulations, and direct sUfT to draft a final ordinance for adoption on November 1 3.2001 . The draft ordinance amendment is attached. NON-ENCROACHMENTS SECTION: Revisions Co Fence Provisions Subd. 15. Non-Encroachments. The follox^ing shall not be considered to be encroachments on yard requirements: A. Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, onuunental features, mechanical devices, cornices, eaves, gutters and the like, provided they do not extend more than 1-1/2 feet, off-street parking except as hereinafter regulated. B. Name plate signs for one family dwellings; lights for illuminating parking areas, loading areas or yards for safety and security purposes, provided the direct source of light is not visible from the public right-of-way or adjacent residential property may be located to within five feet of the front lot line. C. fences which do iiot'cxceed 3*1 *2 feet in height, fences not over 0 feet ii height along llw succt lot line of lake frontage lots which front on a major thoroughfare, if fill is required, the total ^«>inbined height of both fence and fill shall not exceed 6 fect'above the^iei^tt of the crown of the read; tJtcrraccs, steps, uncovered porches, stoops or similar structures, wiiich do not extend above the height of the ground floor level of the principal building and extend to a distance of not less than 2 feet from any lot line. D. In side or rear yards only, bays not to exceed a depth of 2 feet nor to contain an area of more than 20 square feet, fire escapes not to exceed a width of 3 feel, fences and walls not to ex ceed a hei^t of 6 feet above original giade and open off-street parking ex cept for lakcslioic lots, no fence or wall c. 42 inches but not in excess of 72 inches in height above < i^adc may be located doscr to tlic*shorcluic than tlic avcragedislance fi uiii the shoreluie of existing fcsidcncc buildiiigs on adjacent lots, such fences shall not be cousuucted within'"7ii icct of the shoreline. Source: Ordinance 9 , -2nd Scries Adopted: lOS'BS E. Rear yard only; balconies, breezeways, detached outdoor picnic shelters and recreational equipment except as regulated hereinafter, no accessory structure shall be closer than 5 feet from a rear lot line nor shall a fence or wall constiucted within a rear yard exce ed a height of 6 feet abo\e orignial giadc. F. Side yards only; no accessory' structi re shall be closer than 10 feet from any side lot line iioi shall a fence oi wall constiucted witlun a side }’aid exceed a height of 6 feet above original giadc. Source: Ordinance 9 , 2nd Series Adopted. 1-28-85 1 I r G. Fences. Fences erected in all zoning districts are considered as a non- encroachment when they conform to the follouinp jUflpdarHs* I ■ Non»Lakeshore Lots: a. Fences and walls within a required front yard or side street yard shall not exceed a height of 42 inches above original yradg. b. Fences and walls within a required rear or side yard shall not exceed n height of 6 feet above original grade. ? Ijikeahore l.Qls: a. Fences within the required street frear^ yard or side street N'ard of a lakeshore lot shall not exceed 42 inches above original grade. Exception: A fence not exceeding 6 feet in height mav be located along the street lot line of a lake frontage lot which abuts a major jthoroughfafc. A major thoromjthfare for purposes of this ordinance means anv Hennepin Countv road or State highway. If such fence involves fill or berminy. the total combined height of Doth fence and fill shall not exceed 6 feet above the height of the crowTi of the major thoroughfare. b. Fences within the required side \*ard of a lakeshore lot shall not exceed 6 feet in height, and anv portion located lakevN'ard of the **average lakeshore fence setback line” shall not exceed 42 inches in height. The “average lakeshore fence setback line” is a line drawn between the most lakcward projection of the fence ouncr’s principal residence structure and the most lakevvard projection of the adjacent affected principal residence structure. c. Fences shall not be constructed within the defined lakeshore yard of a lakeshore lot, i.e. shall not be located within 75 feet of the shoreline for General Development Lakes. 100 feet for Recreational Lakes, or 1 50 feet for Natural Environment I 3. Special Provisions: Split rail fences of no more than 3 rails within a required front street or side street yard mav have a maximum too rail height of 48 inches abo\'e original grade. Board rail fences within a front, street or side street yard for the specific Dumosc of enclosing howeamaN- have a top rail height of 60‘* and shall be no more than 50*/o opaque.JioweamaN- have a top rail tieignt ot t>u and .Ml i U A ^ 4. Intersection Sightline Obstruction Prohibited. No fence shall be installed so as to obstruct a required clear view at street intersections as required bv Section 10 03. Subd. 16 of the Municipal Code. 5. Fence Construction and Maintenance. a. The ouner of a fence shall maintain it in a condition of reasonable repair and appearance and shall not allow it to become or remain in disrepair of in a dangerous condition. b, Fences shall be installed vith the finished side facin^ neighboring properties or the street (finished side is that side having no visible structural supports!. 1 I r B crrv OF ORONO Fence Regulations General; 1. Fences meeting height and location regulations do not require a permit. 2. Fences must be within property boundaries, but no setback is required. 3. The City of Orono does not require fences around swimming pools; however, property owners are advised to check with their insurance company. 4. The City of Orono docs not regulate fencing materials or visual appearance of fences. Fence Heieht/Location Standards Location Ma.ximum Fence Height Standard: Front Yard 3 Vi’ Side Yard 6’ Rear Yard 6’ ore Lot: Lake Yard 3 Vi’Ahead of "average lakeshore setback line", except up fence is allowed within 75’ of the shoreline Side Yard 6*Behind "average lakeshore setback line" Street Yard 3 W (6* along County & MSA Funded Roads) Comer Lot: 30’ Sight Triangle Front Yard Side Street Yard Side Yard Rear Yard 3’ 3 W 3 Vi’ 6’ 6’ If you have further questions regarding fences, please contact the Building and Zoning Department at 249-4600. X:VAPPS\WPWIN60VWPOOCSU^R.MSU^CE STANDARD LOT LAKESHORE LOT !- ,43^iniirtllW MM .II ROAD THROUGH LOT * Note no fence over 42" In height may be located Into the average lakeahore setback. CORNER LOT 'W i 1^ 0 XO: Chair Hawn and Orono Planning Commission Members Ron Moorsc. City Administrator FROM: Paul einberger. Zoning AdministratorTIanner DATE: September 10. 2001 Sl'BJECT: #01-2718 Zoning Code Amendment to Section i0.03. Subdivision IS Relating to Fence Regulations Lbl of Exhibits: A. Dnili Ordinance - Proposed Revisions to Non-Encroachments Section; Revisions to fence Provisions B. Current City Handout and Illustrations - Describing existing ordinance C. Ordinances From 5 metro area cities Summary of Request: Fences have been regulated under the section of ordinance titled “non- Imcroachments" (Section 10.03, Subdivision 15). Non-Encroachments arc items, such as fences, that are allowed to be located within required front, side and rear yard setbacks. Council has indicated that the current oruinance may need revision to fence regulations pertaining to fence construction and to review whether a pemiit should be required for lence constaiction. The existing ordinance docs not require a permit, or regulate fencing materials or visual appearance offences. One primary issue noted by Council is whether the City should require property owners constructing fences to locate the •■finished” side of a fence towards neighboring properties. 1 he finished side of a fence assumes the structural suprxvrts face the fence owners propeity._________ Existing Ordinance; Cnderlined arc the notations within the existing ordinance that the City uses for regulation of fences Subd. 15. Non-Encroachments. The following shall not be considered to be encroachments on yard requirements: A. Chimneys, Hues, belt courses, leaders, sills, pilasters, lintels, ornamental features, mechanical devices, cornices, eaves, gutters and the like, provided they do not extend more than I-I/2 feet. olT-strcet parking except as hercinafier regulated. B. Name plate signs for one family dwellings; lights for illuminating parking areas, loading areas or yards for safety and security purpose^, prov ided the direct source of light is not visible front the public right-of-way or adjacent residential property may be located to within five feet of the front lot line. /V 0 TO: Chair Havwi and Orono Planning Commission Members Ron Moorse. Cit> Administrator FROM: Paul W einberger, Zoning Administrator/Planner DATE: ‘eptember 10,2001 SUBJECT: #01-2718 Zoning Code Amendment to Section i0.03. Subdivision IS Relating to Fence Regulations Lbl ofE&hibiU: A. Draft Ordinance - Proposed Revisions to Non-Fncroachmcnts Section: Revisions to fence Provisions B. Current City Handout and Illustrations - Describing existing ordinance C. Ordinances From 5 metro area cities Summary of Request: Fences have been regulated under the section of ordinance titled “non- lincroachinents" (Section 10.03, Subdivision 15). Non-Encroachments are items, such as fences, that are allowed to be located within required front, side and rear yard setbacks. Council h;i- indicated that the current ordinance may need revision to fence tegulations pertaining to tence construction and to review whether a permit should be required for fence construction. The existing ordinance does not require a permit, or regulate fencing materials or visual appearance offences. One primary issue noted by Council is whether the City should require property owners constructing fences to locate the “finished ” side of a fence towards neighboring properties. 1 he finished side of a fence assumes the structural supports face the fence owners property. Fxlsling Ordinance; Underlined arc the notations within the existing ordinance that the City uses for regulation offences Subd. 15. Non-Hncroachmcnts. The following shall not be considered to be encroachments on yard requirements: A. Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, mechanical devices, cornices, eaves, gutters and the like, provided they do not extend more than 1-1/2 feet. olT-street parking e.xcept as hereinafter regulated. D. Name plate signs for one family dwellings: lights for illuminating parking areas, loading areas or yards for safety and security purposes, provided the direct source of light is not visible from the public right-of-wuy or adjacent residential property may be located to w ithin five feet of the front lot line. C. Fences v^hich do not exceed 3-1 /2 feet in height, fences not over 6 feet in height alone ihe sireei lot line of lake frontage lots which fmnt on a major thoroughfare, if fiH is required, the total combined height of both fence and fill shall not exceed 6 feet above the height of tile crown of the road , terraces, steps, uncovered porches, stiwps or similar structures, which do not extend above the height of the ground floor level of the principal building and extend to a distance of not less than 2 feet from any lot line. D. In side or rear yards only , bays not to exceed a depth of 2 feet nor to contain an area of more than 20 square feet. Are escapes not to exceed a w idth of 3 feet, fences and w^lls not to exceed a height of 6 feet above original grade and open off- street parking except for lakeshore lots, no fence or wall over 42 inches but not in excess of 72 inches in height above original grade mav be located closer to the shoreline than the average distance from the shoreline of existina residence buildings on adjacent lots, such fences shall not be constructed within 75 feet of the shoreline. t. Rear yard only : balconies, bree/eways, detached outdoor picnic shelters and recreational equipment e.xcept as regulated hereinafter; no accessory structure shall be closer than 5 feet from a rear lot line nor shall a fence or wall constructed w ithin u rear yard exceed a heieht of 6 feet above original grade. F. Side yards only; no accessory structure shall be closer than 10 feet from any side lot line n or shall a fence or wall constructed w ithin a side yard exceed a height of 6 feet above original erade. What the Fxisting Orono Ordinance Poes Not Regulate; ( This is a list of items that some Cities do regulate or require when constructing a fence.) 1. 2. 3. Fences do not require permits. The City does not regulate fencing materials or visual appearance of fences. The City does not require the finished side of the fence to be towards the exterior of the property, or towards a neighboring property . 4. 5. Fences are not required around swimming pools. TIic height of a fence or wall meeting required building setbacks is not regulated The language in the existing and proposed ordinance only pertains to fences within required setbacks. Should there be a maximum height for fences and walls meeting required building setKicks? Some Cities piohibit certain types of fences (i.e. electric and barbed wire fences • Shorevvood. for example allows these types of fences but only when issued with a horse permit.) Orono docs not prohibit electric and barbed wire fences. 1 PmpoMd OrdiaMBCc LaB»iia»e; Exhibit A is the proposed new ordinance for review and comment by the Planning Commission. The primar> inicnt of the ordinance revision is to require “finished ” sides of fences to face the neighbors house. Many Cities do require the finished side of the fence to be faced either towards the neighbor and/or towards the public right of way. The new ordinance allows a maximum fence height of 42'* within the average lakeshore setback . This is the current •tamtant Only the definition of ‘average lakeshore setback) for fences would be noted in the revised ordinance. The proposed ordinance does not change the existing requirements for height and location of a fence. The only proposed revision would change the “average lakeshore setback ” for fences to be defined as the average setback between the fence owners residence and the closest adjacent neighbors resideacc rather than the average setback between the two adjacent residences. (Proposed Ordinance Follows - Section 10.03, Subdivision 15) Issues for Dbeussion - Proposed Ordinance Changes 1. The proposed ordinance for review and discussion w ould allow split rail fences to exceed the exi.sting standards of 3 Vi feet in required front or street yards. The proposed ordinance would allow fences of no more than three rails to have a maximum height of 48" and rail fences may be 60" obove grade when used for the keeping of horses. In all coses a split rail fence could not be more than 50% opaque. 2. The new ordinance would include language that would require fence owners to keep a fence in a reasonable and safe condition. 3. Fences would also be required to be installed with the “finished" side facing a neighboring property or a public/private roadway. The finished side of a fence is the side of the fence having no structural supports. Suff RccommcBdatioo Provide direction to staff regarding amending fence regulations. OptioDS for Action 1 . Make a recommendation on the ordinance amendment and forward review of the amendment to the Council for review at the meeting scheduled October 8. 2001 . 2. Table and review at either the meeting of October 15, 2001 or forward to a Planning Commission Work Session. NON-ENCROACHMENTS SECTION: Rcvisioiis to Fence Provisions Subd IS. Non-Encroachments. The follov^ing shall not be considered to be encroachments on yard rt:ments: A. Chimney'S, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, mechanical devices, cornices, eas-es, gutters and the like, provided they do not extend more than 1-1/2 feet, off-street parking except as hereinafler regulated. B. Name plate signs for one family dwellings; lights for illuminating parking areas, loading areas or yards for safety and security purposes, provided the direct source of light is not visible from the public right-of-way or adjacent residential property may be located to within five feet of the front lot line. C. Fencessvhrth do not exceed 3-1 /2 fcetin lii^ghtT^mccs not ctv vT~6'fcct'in faetght~8ioiig lhc"St^ce^^ot^tn^^f^alcp^'ont8gc^ots“wh1ch“fro'nt'Otr a nia|or''thorottgihhBe7 if fill is required, the total combined height of both fence and fill shall not excee d 6 feet above the height of the enmn of the road; tJEerraces, steps, uiKovered porches, stoops or similar structures, which do not extend above the height of the ground floor level of the principal building and extend to a distance of not less than 2 feet from any lot line. D. In side or rear >’ards only, bays not to exceed a depth of 2 feet nor to contain an area of more than 20 square feet, fire escapes not to exceed a width of 3 feet, fences and walls not to exceed a height of C feet above original grade and open off-street parking except^br iaiceshofe'iotsrno'fenec‘vrwraiio^per'^2 inches but not tn'excesaof 72 mchesmrhetght abovcongnrai grade may be located clos^^ to the shoreline than tlic avviage distAiice fiOiU tlic shoreline of existing residence buildings on adjacent lots; such fences shall not be conatructed within 75 feerof the shoreline. Source; Ordinance 9,2nd Scries Adopted: 108-85 E. Rear yard only; balconies, breczeways, detached outdoor picnic shelters and recreational equipment except as regulated hereinafler; no accessory structure shall be closer than 5 feel from a rear lot line nor shall a fence or wall constructed within a rear yard exc eed a height of 6 feet abo\ c original grade. F. Side yards only; no accessory structure shall be closer than 10 feet from any side lot line nor shall a fenee^r wall coiistroctcd within a stdeyard'excced a height of 6'feeT'above G. Fences. Fences erected in all zoning disiricts are considered as a non* encroachment when they conform to the followintjt standards: 1. Non-Lakeshore Lots: a. Fences and walls within a required front yard or side street yard shall not exceed a height of 42 inches above original grade. b. Fences and walls within a required rear or side yard shall not exceed a hei^fht of 6 feet above original yrade. 2. Lakeshore Lots: a. Fences within the required street (rear) yard or side street yard of a lakeshore lot shall not exceed 42 inches above original grade. Exception: A fence not exceeding 6 feet in height mav be located alone the street lot line of a lake frontage lot which abuts a major thoroughfare. A major thoroughfare for purposes of this ordinance means anv Hennepin Countv road or State highway. If such fence involves fill or berminc. the total combined height of both fence and fill shall not exceed 6 feet above the height of the crown of the major thoroughfare. b. Fences within the required side yard of a lakeshore lot shall not exceed 6 feet in height, and anv portion located lakeward of the **average lakeshore fence setback line” shall not exceed 42 inches in height. The ^‘average lakeshore fence setback line” is a line drawn between the most lakeward projection of the fence owner’s principal residence structure and the most lakeward projection of the adjacent aflected principal residence structure. c. Fences shall not be constyucted within the defined lakeshore yard of a lakeshore lot, i.e. shall not be located within 75 feet of the shoreline for General Development Lakes. 1 10 feet for Recreational Lakes, or 150 feet for Natural Environment Lakes. 3. Special Provisions, finlit rail fences of no more than 3 rails wthin a required front, street or side street vard mav ha-.e a maximum too rail height of 48 inches above original grade. Board rail fences within a front, street or side street yard for the specific purpose of enclosing b’lni TTTias- have a top ra I height of 60" and shall be no more than 50% opaque. petiv\ill4cl cwxiHiUs 4. Intersection Sightline Obstruction Prohibited. No fence shall be installed so as to obstruct a required clear view at street intersections as required bv Section 10.03. Subd. 16 of the Municipal Code. 5. Fence Construction and Maintenance. a. The ovsTier of a fence shall maintain it in a condition of reasonable repair and appearance and shall not allow it to become or remain in disrepair ifl ? dangerous condition. b. Fences shall be installed with the finished side facing neighboring properties or the street (finished side is that side having no visible structural supportsV cm' OF ORONO Fence Rcgulattomi fi£0£llll 1. Fences meeting beiglu and kKttion regulations do not require a permit. 2. Fences must be within property boundaries, but no setback is required. The City of Orono does not require fences around swimming pools; however, property owners are advised to check with their insurance company. 'The City of Orono does not regulate fencing materials or visual appearance of fences. Fence Height/Location Standards Location Standard; Front Yard Side Yard Rear Yard Lakeshore Lot: Lake Yard Side Yard 3 W 6’ 6’ 3 W Street Yard Comer Lot: 30- Sight Triangle Front Yard Side Street Yard Side Yard Rear Yard 3 W 3* 3 W 3 W 6* 6* Ahead of "average lakeshore setback line", except jg2 fence is allowed within 75* of the shoreline Behind "average lakeshore setback line* (6* along County & MSA Funded Roads) If you have further questions regarding fences, please contact the Building and Zonmg Department at 249-4600. X:VAPPS^WPWLN60^WPDOCSU=ORMSU^Ce STANDARD LOT LAKESHORE LOT THROUGH LOT ROAD I 4T ROAD * Note no fence over 42" In height may be located Into the average lakeshore setback. CORNER LOT ■ V: Cily of Edina, Minn«»ota SubJ. 5 Fences in the R-l and R-2 Districts. Fences erected in the R-l District and R-2 District shall conform to the following: Fences exceeding four feet in height shall not be erected within a required front street setback or side su^eet setback, pursuant to the provisions of paragraph 2. of Subd. 7 of Subsection 850.1 1 . No fence shall exceed eight feet in height. Fences shall be installed with the finished side facing neighboring properties. No fence shall be installed so as to obstruct a required clear view at street intersections as required by Section 1405 of this Code. Subd. 6 Exceptions to Setback Requirements. The following shall not be considered as encroachments into required setbacks: Overhanging eaves not supported by posts or pillars, and bay windows not extending to the floor, which do not project more than three feet into the required setback and which are not within three feet of a lot line. Sidewalks and driveways, but not patios. Fences which do not exceed the height limitations imposed by this Subsection 850.07. Awnings and canopies attached to the principal building and not supported by posts or pillars, which do not project more than three feet into the required setback and w hich arc not w ithin thrw feet of a lot line. Flagpoles, light poles and fixtures. Clotheslines and outdoor fireplaces in the rear yard only. Bus shelters which have been approved by the Engineer. Unenclosed steps or stoops not exceeding 50 square feet in area. Fireplaces projecting not more than two feet into the required setback and not exceeding ten square feet in horizontal area. Underground storage tanks, conduits and utilities. Portions of principal and accessory buildings or structures which are located completely underground, which are not visible from the surface of the ground and uhich do not encroach more than one-half of the distance into that part of the required setback nearest the principal or accessory building. Trees, shrubs and other vegetation. Retaining x^-alls. Freestanding basketball posts, backboards and goals adjacent to a drive%%ay. Zoning Code - Seciion 520 Page I of 3 520.13. Fences. Subdivision I. No person may construct, or cause to be constructed or erected %\ithin the City, any fence without first making application for and securing a permit therefor from the zoning administrator. (Amended Ord. 95-777 (1-3-96]) Subd. 2. Location. Boundary line fences shall be located entirely uptm the private property of the person constructing or causing the construction of such fence unless the owner of the property adjoining agrees, in writing, that such fence may be erected on the division line of the respecti\*e properties. The zoning administrator may require the owner of the property upon which a fence now exists, or may require any applicant for a fence permit to cause to establish the boundary lines of his property by a surv ey thereof to be made by any registered land surveyor. (Ord. 97-797 (4-15-97]) Subd. 3. Construction and maintenance. A fence shall be constructed in a substantial, workmanlike manner and of substantial material reasonably suitable for the purpose for which the fence is proposed to be used. The fence shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private. Link fences, wherever permitted, shall be constructed in such manner the barbed end is at the bottom of the fence and the knuckle end is at the top thereof. Subd. 4. Nuisances. Any fence which is, or has become dangerous to the public safety, health or welfare, is a public nuisance. The Zoning Administrator may eommence proper proceedings for tlie abatement thereof, (Amended Ord. No. 87-601) Subd. 5. Barb d wire. Barbed wire fences are permitted only in industrial districts as provided in this code. Subd. 6. Residential district fences. In an R district no boundaiy line fence shall be erected or maintained more than four feet in height e.xcept that: (Amended Ord. 613) a) fences on any comer lot erected w ithin 30 feet of the intersecting curb line are subject to subsection 520.11; b) fences on side property lines shall not be more than six feet in height for the distance commencing from a point on such side property line located at the rear lot line and proceeding thence along such side property line to a point therein which would be intersected by the rear wall line of the then existing principal building on that lot on either side of such fence, which building line intersecting such fence line is closest to the rear lot line from which such fence commences provided that if such principal building is located more than 50 feet away from such fence line and is owned by someone other than the fence owner or erector, then such six foot side yard fence may be consuncled to a point of such side yard which would be intersected by the rear w all of the principal building on the lot thus fenced; c) fences along any rear property line, which is also the rear property line of an abutting lot shall not exceed six feet in height; d) fences along a rear property line which line constitutes the side lot line of an abutting lot may not exceed six feet in height for a distance calculated as in clause b) and may not exceed four feet in height thereafter. All fences in any residential district shall be constructed in such manner that at least 25% of the plane between the ground and the top of the fence is open, and in calculating such percentage, distances of 50 feet may be averaged beginning at the permitted point opposite the principal building; e) fences on side street lot lines shall not be more than six feet in height for the distance httpy/ww'w.hopkinsmn.com/Emp_homepage/Sections/Section%20520ZC.htm 9/6/2001 Zoning Code - Section 520 Page 2 of 3 commencing finm a point on such side street lot line located at the rear lot line and proceeding thence along such side lot line to a point thereon which is 40 feet distant from the front lot line, but in no case shall the fence extend forward of the front line of the house; 0 properly line fences abutting R districts shall conform to those conditions appl>ing to the R disuicts. g) fences enclosing swimming pools must have a minimum height of 4 feet and shall not exceed 6 feet subject to the provisions of 520.13 Subd. 6. (Added Ord, 88-613) h) the side/s of rcsidcntially zoned properties abutting a State or County road may have an opaque fence. (Added Ord. 95-777 (1-3-96]) i) The side of the fence facing the public right-of-way shall not contain the structure and/or support of the fence. (Added Ord. 95-777 (1-3-96]) Subd. 7. Business district fences. Property line fences in a D district shall not exceed sLx feet in height. The council may grunt a conditional use permit for a fence up to eight feet in height provided: a) that applicant has on approved open sales lot; b) open sales lot classified as a non-conforming use; c) has a commercial or industrial operation which requires the storage of equipment outside the building; d) the premise or use may be dangerous to the public; e) the use is an attractive nuisance and the applicant con show that for security reasons a fence of six feet w ill not be adequate. Subd. 8. Industrial district fences. Property line fences in an I district shall not exceed eight feet in height except that: a) fences in indu.»irial districts which are primarily erected as a security measure may have arms projecting into the applicant's property on which barbed wire con be fastened commencing at a point at least seven feet above the ground, and b) a fence located in the front yard of premises in on industrial district abutting a right-of- way containing 50 feet or more in width shall conform to setback requirements for buildings in said district. Said area consisting of the setback shall be landscap^ in accordance w ith a plan approvc*d by the City. Ornamental fences utilized for landscaping purposes are excluded from the provisions of this ordinance. Subd. 9. Special purpose fences. Fences for special purposes and fences differing in construction, height or length may be permitted in any district in the city by the issuance of a conditional use permit and by the council upon proof and reasons submitted by the applicant and upon the signing by said bodies that such special purpose is neccssar>' to protect, bufTer or improve the premises for w hich such fence is intended. The special fence permit, if issued, may stipulate and provide for the height, location, construction and t>7)c of special fence thereby permitted. Subd. 10. Institutional district fences. In an Institutional district no boundary line fence shall be erected or maintained more than four feet in height except that a) Fences along any property line that abuts a parking lot may exceed four feet but not e.xcecd six feet in height. (Added OnL No. 2000-833) http://www.hopkinsmn.eom/Fmp_homepagc/Sections/Section%20520ZC.htm 9/6/2001 f. FencM - Oenenl Requirementt; (1) IW RequiitA No p«o^ Him or cofpoi«k« Adi con. rtiucl or citci any fen^ buUdiatpcniili' (2) Locttiaas: All fence* •hall be locMed emiiely opoo ihe propeny of ihc fence owner unka the owner of tte «!iotatai property epee*, to writing. lh« Mch fence may be erected 00 U»e property line of the relive property boIS UiKfence ihril be erected elo**r than three feet (31 to *n exUiinf pernltel bou^ (3) Survey*: The Building OfTicial may require an applicant for a fence permit to establish his tree boundary line by a wrvey thereof to be made by a regUtered land aurveyor. (4) Construction and Maintenance: Every fence shall be constructed In a substantial, wortan^ike manner and of material reasonably suited for the purpose for which the fence U proposed to be used. Every fence shall be maintained in such condition as to not become a hazard, eyesore or public or private nuisance All fenc« shall be " rtnished side face* away &om the fence owner** lot Any fence which endaofers the public safety, w welfare ^1 be considered a public nuisance and abatement proceedings may be instituted by the proper City omcial if within fifteen (1 5) day* after nouficadoo the owner of such fence has not undertaken the neeesaaiy repairs himaelf to abate the nuisance. Unkfai«!"!« permitted, shall be constructed in «Kh a manna 6-24-8S) (5) Nonconfotming Fences: All fence* eaisling on the date of the adopuon of this Ordinance, but not conforming herewith, except as to height restrictions, shall conform and be subject to the term* of this Ordinance. If at any ume a nonconforming fence shall be damaged to the extent of more than twenty five percent (23S) in any plane, then without fiifther action by the Council, the fence shall, from and after the date of said damage, be subject to all the regulauons specified by these roniwg regulations. Any fence which is damaged to an extent of less than twetuy five percent (2SH) iMy be restored to itt former extent It U the intent of thU Sectioii that all ooncoofomiiiig fence* shall be eventually brought into coofbrmity. (Ord. 227.6-11*90) (6) Prohibited Fences: Electric fence* shall not be permitted except in conjunctioo with the issuance of a horse permit pursuant to Chapter 702 of this Code, and shall be removed upon expiration or revocation of a horse permit Barbed wire fences shall not be permitted except as hereinafter provided. Fence* of the picket, rail or slat type* shall be so con- Btiucted that the spaces between the pickeu. tails or slau shall be greater than twelve inches (12*) or less than six inches (6-). (amd Ord 289.3-28.94) Wire fence* which are not readily visible shall be prohibited except wnere attached to a wooden or other fence of opaque material which it itself plainly visible, (amd. Ord. 289.3-28-94) (7) Required Fences: Swimming Pools: Outdoor swimming pools with a capacity of one thousand five hundred (1 .500) gallons or with a depth of three feet (3*) or more of water shall be adequately fenced to prevent uncontrolled access from the street or adjoining property Such pool* shall be completely enclosed by a nonclimbable fence at least four feet (4*) in height (Ord. 168.6-24-85) (8) Shoreline Fences: No fence shall be allowed within the shoreline setback area as specified in Section 1201.26 Subd. 5a(3) of this Ordinance. In addition, fences on or adjacent to the shoreline of any navigable lake, charuicl or stream, or on or along that portion of a lot line extending from a navigable lake, channel or stream to the near side of the average buildmg construction line, shall not exceed four feet (4*) in height. (Ord 227.6-11-90) (9) Residential District Fences: (a) Boundary Line Fences In all paiu of Shorewood which are zoned residential, no bouodaiy line fences shaU exceed four feet (4*) in height except that: i. Fences on all comer lou erected within thirty feet (300 of the intersecting property line shall be subject to subdivision 2h of this Section. U. Fences along any rear propetty line which is alto the rear property line ofanabuttiaf lot shall not exceed six feet (6*) in height; and uL Fences aloag a rear propetty line, which line constitutes Ihc side lol line of an ahtming lot diall not exceed six feet (6*) fa height for a distance as cakuhled to iv below and shall not exceed lour feat (4*) in height when abutting a front yard line. (Ord. 168.6-2445) iv. Subject to other restrictions within this Section, fences may be constructed to a height of six feet (6*) on or along the tide yard propetty line from the rear lot line to the required front yard setback Una. (Ord. 227. 6-11-90) V. In iastaoccs where a fence exisu AS in <;iKloture which restrictt acceu 6oni ibe front 10 Che rear yard, a gate, identi liable coUapaible section, or other such means of rccogniiable ingress shall be provided for emergency vehicles. Such ingress shall be unobstructed and a minimum often feet (100 in width. The location of "*^tte*”** ******** paralleling the front lot line, between the side lot property line Ix’vndery line fences in residential districu shall be constructed in such a manner that at least ^V^five percent (25%) of the plane between the ground and the top of the fence constructed u open. (Ord 161. ^ VII Fences in yards abutting an intermediate arterial or minor arterial street, as In the Sborewood Cornprehensive Plan, inay be constructed to a height of sia feet (60 in a front or side yard abuttint said arterial Mreet. by conditional use permit as provided for in Section 1201 04 of this Ordinance In additsm the followuig conditions shall apply; (aa) The fence shall be located no closer than eight feet (80 to the property line (bb) A landscape plan for the above*.ferenced cigat foot (80 setback area mutt be submitted in compliance with Section 1201.03 subd. 2.g of this Ordinance. (cc) The fence shall not obstnict traflic visibility. (Ord. 227,6-11-90) (b) Interior Yard Fences; ecceptthat: (10) Commercial District Fences; Fences in all Cbmmereial Districu shall not exceed eight feet (80 in height (a) Boundary line fence, abuning R Dutricu shall conform to those regulauons applicable to the R District (b) Security Fences: submitted to ih^CitJ!'*"*^ ^ boundary line must be nude by a registered land surveyor and nght^f-way. "uy not extend across an abutting property line or over any public be permioed in «,y dmrict in du City by ««u«i of a . n.i .■fc-.ii Page 1 of3 21130.01. FENCEAVALL REGULATIONS: Subd. 1. Permit Required. Except as other\sise provided herein, no person shall erect, alter or relocate any fence or w.i’1 Milhin the City without fust having been issued a permit therefor. Sabd. 2. Permit Fee. A fee as set forth in the City Code shall be charged for a permit issued under this section for new fences or walls, as well as the replacement of fences or walls in the same location. Subd. 3. Application Procedures. (a) Agricultural Developments and Residential. Single and Two 1-amily. Each application for a permit imder this section shall be submitted to the Building Official on forms provided by the City. Each application shall include a site plan drawn to scale showing the location of the house(s). garage(s). and other improvements on the lot and the location of the fencing or wall to be erected, altered or relocated. (b) Residential. Other Than Single aixl Twa Family. Commercial, and Industrial Uses. Request for fencing or walls shall be processed os part of and according to the procedures of the site plan review, as stipulated in Section 2I04S of this Chapter. Subd. 4. General Provisions. Except as otherwise provided herein, all fences and walls within the City shall be subject to the following general provisions: (a) No fences or walls shall be placed on or extend into public rights-of-way. (b) All fences (hedges and plantings excluded) and walls constructed shall require a permit under this section. Permits may be issued by the Building Official or designee, if all requirements of this Chapter have been met. (c) Th'! side of any fence or wall considered to be its "face" (i.e., the finished side having no structural supports) shall face abutting property or street right-of-way. (d) Both sides of any fence or w all shall be maintained in a condition of reasonable repair and appearance by its owner and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private. (e) No physical damage of any kind shall occur to abutting property during installation unless it is allowed under agreement with the adjacent property owner. (0 A certificate of survey may be required by the Building Official for all fences (except h^ges and plantings) or walls to be constructed on or within six (6) feet from the property line, unless comer property stakes ore in place and marked and a surs cy is filed with the City. a. A fence shall be required on the top of a retaining wall that exceeds four (4) feet in height and that is located adjacent to a public right-of-way or pedestrian walkway. The Zoning Administrator may grant exceptions to this requirement if the retaining ^^1 does http://wwxv.ci.plymouth.mn.us/cgi-b.../21130-FENCING_SCREENlNO_LANDSCAPING.ht 9/6/2001 Page 2 of 3 not pose a public safety concern. (Amended by Ord. No. 2000-06. 02/29/00) Subd. 5. Specific Fence Standards. Except as otherwise provided herein* fences may be allowed subject to the following specific standards: (a) Man-made fences not exceeding six (6) feet in height may be permitted at or behind the front building line as established by the principal structure. Said fence may be allowed within a front yard which qualifies as an equivalent rear or side >‘ard as defined by this Chapter. (Amended by Ord No. 2000-0.,. 02/29/00) (Amended by Ord No. 200J- 06. 02/! 3/01) (b) Fences not exceeding thirty-six (36) inches in may be permitted in the required front yard. (c) Fences not exceeding six (6) feet in height for uses other than one and two family dwellings, may be permitted in front of the front building line as established by the primary structure on the lot, when required for screening of adjacent propert}'. In such cases, the required front setback for the fence shall be the some as for the use which it is intcndcxl to bulTer. (d) On comer lots or lots adjacent to railroad rights-of-way, no fence shall be located in a sight visibility triangle unless it is in compliance with the sight clearance requirements for such lots as set forth in Section 21105.05 of this Chapter. (e) llierc are no height restrictions on natural hedges or plantings utilized as fences in any residential zoning district, e.xcept that no such hedges or plantings shall be located within a sight visibility triangle as set forth in Section 21 105.05 of this Chapter. (0 Should the rear lot line of a lot in a residential district be common with the side lot line of on abutting lot. that portion of the rear lot line equal to the required front yard setback of the abutting lot shall be fenced in accordance w ith the provisions of Section 21130.01. Subd. 5.b. (g) Fences up to ten (10) feet in height may be permitted to enclose tennis courts provided all other requirements of this subdiWsion are met. and shall not require a conditional use permit or interim use permit where a tennis court is a permitted or accessory use. (h) Fences which include a security gate at a point where access is provided to the property and principal building may be approved if necessary and appropriate as pan of the site plan review. Subd. 6. Fences Allowed by Conditional Use Permit and Interim Use Permit. In accordance with requirements set forth in Section 21015 or 21020 of this Chapter as applicable, the following special fencing arrangements may be approved os a conditional use permit or interim use permit by the City: hnp://w^w.ci.plymouth.mn.us/cgi-b..721l30-FENCING_SCREENING_LANDSCAPING.hl 9/6/200.' Page 3 of 3 (a) Fences allo\%ed by conditional use permit are as follows: (1) Fences exceeding six (6) feet in height provided that: a. The fence is in a location where fences up to six (6) feet are permitted. b. The fence not exceed eight (8) feet in height. c. The fence is not within a side or rear >'ard of a required lakeshore setback area. (b) Fences allowed by interim use permit arc as follows: (1) Barbed wire and electrically charged fences. Agricultural uses located in the FRD District and essential serxice structures in all Districts sliall, however, be exempt from the interim use permit requirements. (2) Razor wire fences. (c) Standards for evaluating fences allowed by conditional use permits or interim use permits shall include, but not be limited to, the following: (1) The fence placement, height or design does not create a safety liozard with regard to. from or on a public street or roadway. (2) The fence placement, height or design does not create a safety problem or negatively a'Tect adjoining properties or u.se. Subd. 7. Non-Conforming Fences. It is the intent of this Chapter to allow the continuation of such non-conforming fences until they arc discontinued as provided herein. However, it is not the intent of this Chapter to encourage the survival of non-conforming fences and such fences that ore declared to be incompatible with permitted fences within the City. Such fences shall be regulated by the following provisions: (a) An existing fence not allowed by this Chapter in the district within which it is located, except when required by law or ordinance, shall not be enlarged, extended, reconstructed, or structurally altered unless such fence is changed to comply with the requirements of this Chapter. Maintenance of a non-conforming fence will allowed when this includes necessao' repair and incidental alterations which do not expand or intensify the non-conforming fence. (Amendedby Ord So. 99-5. 0///9/99> hupy/wx%xv.ci.plymouth.mn.us/cgi-b..y21l30-FENCINO_SCREENING_LANDSCAPING.ht 9/6/2001 Reference Page 1 of 1 (C) ResUkrUial fencing and walls. <1) Fences or walls which detain or inhibit the flow of surface water drainage to and from abutting properties is prohibited. (2) Setbacks. (a) Front. Fences and walls more than 30 inches in height must be setback 1S feet from the property line. Multiple family dwelling developments or townhouse developments may have wrought iron (or similarly designed) fences construct^ up to the front property line with the approval of the City Manager. (b) Interior side or rear No setback. (c) Side or rear abutting public right-of-way. Fences and walls must be setback 15 feet from the propert>’ line and restricted for traflic \isibility unless they qualify for one of the following exemptions. Fences may be allowed up to the property line if: stop lights). I. Properties are located on comers with controlled intersections, (i.e. stop signs or 2. Fence or wall docs not encroach into the clear view triangle as defined and rcgulotcd in §§ 152.220 through 152.226. (3) Access required. (a) Detached single- and attached two-family dwellings. Where any fence connects to a building at least one gate with a minimum width of two feet, six inches is required to allow access around the building. (b) All other uses. Plans for fences and gates controlling access to the property' must be approved by the Police and Fire Departments before construction begins. (4) Fence height. No fence may exceed eight feet, six inches as measured from the top of the fence or supports to grade. Exceptions to this height may be made for fences enclosing tennis courts and other similar recreational uses or as may be required elsewhere in the City Code. httpV^()9.48.87.250/brooklyn_parii_mn/Ip..74bec?^nempla(ea&fo-document-fnune.htm&2. 9/6/2001 Conpktioa Date: 9/17/01 60 Day Dcadllac: II/I6/QI Dcpartaicol Approval: Naaie Wendy Boltenbcrg Title Zoning Adminslralor/Planner REQUEST FOR COUNCIL ACTION COllMrn mpiTTING OCT 22 200t CITY OF OHOnO DATE: 10 18 01 ITEM NO.: Agenda Section: Zoning llem Description: aOI-2719 iodi and David Datvey 1520 Bohn's Point Hoad Variances Zoning Dbtrict: LR-IB One Famity Lakc;>hore Residential District (I acre) Lot Area: 36.753 s.f. (.84 acres) LblofEihibits: A Resolution B SufTReport and Exhibiu of 10. IS200I Appikatioii Summary: The applicants own the subject property and are requesting a lot width variance and an accessory building variance to construct a new' residence on the lot. A lot width variance is required due to the lot being 102' wide where 140' is reiphred in the LR-IB zoning district. An accessory' building variance is required because Orono zoning code does not permit an accessory building on a property w ithout a principal structure. Currently there is an e.xisting accessory building (pump house-shed) located on the property without a primary structure. A variance was granted in 1988 to allow the accessory building to remain on the property. The applicants have submitted building plans for a new residence and the accessory building will remain. 1. Section 10.24, Subdivision 5 (P'; Lot Width: The lot is 102 feet wide where 140 feet is the minimum lot width for the LR-IB zoning district for new construction. 2. Section 10.03, Subdivision 9; (Accessory Buildings): No accessory buildings or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. PLANNING COMMISSION: The Planning Commission recommended by a 6 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 VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) AND SECTION 10.03, SUBDIVISION 9, FILE NO. 01-2719 WHEREAS. David A. Daivcy and Jodi F. Daivcy, (hereinafter "the applicants") arc the owners of the property located at 1520 Bohn ’s Point Road within the City of Orono (hereinafter "the City") and legally described as follows: See Exhibit A WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.24. Subdivision S (B) to permit new residential construction on a lot that is 102 feet wide where 140 feet is required and Section 10.03. Subdivision 9 to permit an accessory structure on a lot without a principal structure. WHEREAS, after due published notice and mailed notice in accordance with Miiuiesoia Statutes and the City of Orono Zoning and Planning Codes, the Orono Plaiming Commission held a public hearing on October 15. 2001. at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono. FINDINGS 1. This application was reviewed as Zoning File #01 -2719, 2. 1 he property is located in the LR-1B Zoning District, where 43,560 s.f. or 1 acre is the minimum required lot area. The property consists of approximately 36.753 s.f or .84 acres. 3. The Orono Planning Commission reviewed this application on October 15.2001 and recommended approval of the proposed variances based upon the following findings: Page 1 of 8 A. The property has been developed with a residential use since at least 1967. B. The site plan indicates the proposed setbacks 10’ to the side property lines and the house would be outside of the 75' lakeshore setback. The entire house would be loeated approximately 145’ from the lakeshore. which meets the intent of the Comprehensive Plan for new structures. C. The pump house-shed accessory building is in good structural condition. D. Variance approval was granted for the accessory building in 1988. 5. The City Council finds that the conditions existing on this property arc peculiar to it and do not apply generally to other property in this zoning district; that granting the variances will not adversely atTcct 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 diiTicully; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, commenis by the applicants and the effect of the proposed variances on the health, siifely and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to allow new residential construction on a lot that is 102 feet wide and 140 feet is required and Section 10.03, Subdivision 9 to allow an accessory structure on a lot without a principal structure. Approval is subject to the following conditions; 1. Council approval is based on the site plan submitted by the applicant anached to this Page 2 of8 resolution as Exhibit B. Any amendments to the site plan may require further Plamiing Commission and City Council review. 2. It is the intent of the City Council that any further variances to develop the lot would not be looked upon favorably. 3. Authorities granted by these variances run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit w ithin one year of the dale of Council approval, or these variances will expire on that date (October 22. 2002). 4. Violation of or non-compliance with any of the terms and conditions of these variances shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 22nd day of October. 2001. ATTEST: Linda S. Vcc. City Clerk Barbara Peterson. Mayor Property Owner (s) STATE OF MINNESOTA ) ) ss. Page 3 of 8 COUNTY OF HKNNEPIN ) The foregoing instrumenl \sas acknoNsIedged before me on this 22nd day of October. 2001 by Barbara Peterson and Linda S. Vcc, Mayor and Ciiy Clerk of the City of Orono. a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of. for said County, personally appeared 2001. before me a Notary Public within and _____________________ known to me to be the person! s) described in and w ho executed the foregoing instrument, and acknow lodged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) ss. COITNTY 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 pcrson(s) described in and who executed the foregoing instnunent. and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 4 of 8 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument u-as acknowledged before me on this 22nd day of October, 2001 by Barbaia A. Peterson. Mayor of the City of Orono. a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknow ledged before me on this_______day of October. 2001 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporatitm and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HEN'NEPIN On this day of_.20 personally appeared before me. ____ who is personally known to me ____ whose identity I proved on the basis of _ ____ whose identity I proved on the oath/afTirmation of___________________________. a credible witness and who executed the foregoing instnunent. and acknowledged that he/shc/they executed the same as his/her their free act and deed. Page S of 8 I LEGAL DESCRIPTION OF PREMISES : That port of Government Lot 1, Section 9-117-23 described os follows : Commencing at o point on the West line of said Section 9, 400 feet north from the Southwest corner of said Section; thence north along said West line of said Section 100 feet; thence East porollell with the South line of soid Section to the shore of Loke Minnetonka; thence southerly olong said shoreline 105.62 feet; thence west on a line parollel with the South line of said Section 9 to the point of beginning. i j- r TO: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg, Zoning Administrator/Planner DATE: October 12,2001 SUBJECT: tfOI-2719 Jodi and David Dalvey IS20 Bohn's Point Road Variance -- Public Hearing LR-IB One Family Lakeshore Residential District (1 acre) 36.753 s.f. (.84 acres) Zoning District: Lot Area: List of Eihibits A Application B Site Plan/Survey C EIcvations/Floor Plans D Hardcover Calculations E Adjacent Neighbors Letter F City Council Minutes- 9/12/1988 G Photos of Property H Location Map 1 Property Map J Property Owner's List Pertinent Code Section: 1. Section 10.24, Subdivision 5 (B): Lot Width: The lot is 102 feet wide where 140 feet is the minimum lot width for the LR-IB zoning district for new construction. 2. Section 10.03, Subdivision 9: (Accessory Buildings): No accessory buildings or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. Application Summary: The applicants own the subject property and are requesting a lot w idih variance and an accessory building variance to construct a new residence on the lot. A lot width variance is required due to the lot being 102' wide where 140' is required in the LR-IB zoning district. The lot is appro.ximatcly .84 acres and the minimum lot area requirement is 1 acre. A lot area variance is not required to construct a new residence, because the lot meets 80% of the required area per Section 10.24, Subdivision 5(B). An accessory building variance is required because Orono zoning code does not permit an accessory building on a property' without a principal structure. Currently there is an e.xisting accessoiy building (pump house-shed) in the 0-75* setback area, that will be located on the property without a primary structure. The applicants have submitted building plans for a new residence and the shed is proposed to remain. H0l-2'^t9JoJi and David Dalvey 1520 Bohn's Point Road Variance 10/122001 Page I In addition, no* indicated on the survey, is a barbeque cooker on the property located in the 0-75’ setback area. The cooker is in good condition and the owners would like it to remain. The pump house shed and barbeque cooker are a combined hardcover of 392 s.f. (5.04%) in the 0-75’ setback area. In 1988, the previous owners were approved for an ifter-the-fact lakeside deck. A condition of the approval was to remove part of the pump house and 158 s.f. of the patio in front of the cooker and other hardcover in the 75-250’ setback area \MiiIe removing hardcover the applicant's son removed more hardcover than was necessary in the 75-250’ setback zone. The owner then went back to the City Council wanting to amend the hardcover aMowance on the property and was granted approval to keep the cooker and pump house on the property and at their original size. (392 s.f. or 5.04%) (Exhibit F). The detached garage on the street side of the property* does indicate a bathroom with plumbing. When staff met with the builder and owner it was stated that the bathroom would be roughed in at construction time and at a later date if/when the owner wishes to put in the bathroom a conditional use permit will be applied for. An average lakeshore setback variance is not required in this application because the proposed residence is behind the setback line measured from the second story deck (considered structure) on the adjacent property to the north and the comer of the residence on the adjacent property to the south. Statement of Hardship : This is an existing lot which was platted prior to current zoning standards. Issues for Conslderatlont 1. The lot was platted prior to current zoning requirements. 2. A residence exists on the property. 3. The pump-house shed and barbeque cooker are in good structural condition. 4. The proposal meets requirements for structural lot coverage and yard setbacks. 5. Other issues raised by the Plarming Commission. Staff Recommendation; Staff recommends approval of the requested variances. Wl-2?l9Jodl and David Dalvey 1520 Bohn‘s Point Road Varianca r 1 ANALYSIS Lot Criteria LR-IB Lot Area Lot Width Required 1 Acre 140* Actual .84 Acres (No variance needed)102* Hardcover Distance from shoreline Total area in setback Allowed hardcover Existing hardcover Proposed hardcover 0-75*7,765 s.f.0s.f. (0%) 392 s.f. (5.04%) 392 s.f. (5.04%) 75-250*18.117s.f.4.529.25 (25%) 5.126 s.f. (29.3%) 4.380 s.f. (24.18%) 250-500’10.871 s.f.3,261.3 s.f. (30«/'o) 3.820 s.f. (35%) 3,254 s.f. (29.93%) Structural Coverage Total Lot Size Total Structural Coverage Percentage 36,753 s.f.Existing: 3,022 s.f. Proposed: 4.261 s.f. 8.2% 11.6% CITY OF ORONO - 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 S2S0.00 Afier-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address____________ AppUcatioD» 7,11^ Rccehc^~ Amount Paid At) Property Identification Number (PJ.D.)__________________________ Attach legal description to application ii not included on re<}uired surv'cy. Date ProjKlS^Acquired_____________________________________ I (do) (do ngU also own the adjacent parcels of land. Present use of property: ___presidential __other (specify) Zoning District;________________________ _(month/year) APPLICANT Name ^ Address: Phone (home) ^^2.•^7l-'7*77tL V Phone (woric) - 2^^ •S ______ City:_________________Zip;_________ OW'NER (if different than applicant) Name ___________ Address:Cit>”_ Phone (home)_ Phone (Nvork)_ DESCRIPTION OF REQUEST Describe request in detail: __ Estimated Construction Cost S, VARIANCES REQUIRED ___Lot Area Setback:Front (attach additional sheets if necessar>) ^01 Width __Side Hardcover Rear .Lot Coverage ___ Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: wI q-tai A/oy_____ Aim c. T. (attach additional sheets if necessary) 4* ' M ' •. ' 3 Tr i X REQUIRED SUBMITTALS 5. 6. 7. 8. Mdcr for Yflur *• J— Compicied Application Form / Fi„3„c.:’r60rG:«'’c!et’;. 34l5'5:S/"’'" or «lcS'ns°L*l^J[uL?'''7n addition'7ro7/“”'*'°m“‘‘/ reproducUon. ’ "o* (•) "Py S'/i" x ir for ' ^ «.S3HSS3~= ^..on. you >.sh no.ltd ‘ »“■« ---- Additional Items as may be requested by City staff. nut cornpim ir fhc nbpvf information h«a not h»n APPLICANT'S SIGNATURE '1^ z:;. rda%«iT/rf" 7 "--'o •-« 20™* end'or consultant c.xpcnscs incurred in review oMhi^* onginal fee payment) inforoiaiion supplied is Wie correct to foe best of fosTte? S7edg7 Applicant s Signs,ute Dat.^^^^______ OWTS'ER'S SIGNATURE ^ mentbers fo, putpo«s of mvestigation and verifcation^fdJiweques" O^ttefs Signstur^^^^^^^^^^^^^^ Col'JlSLX.fog' pIlt^ingtotJ^nMee?- month. Applicant, must b" pre.”.,l chX? '“** make arrangements to have an authorized agent a^d * ° scheduled meeting, please & Zoning Office of this change prior to ^e Ic^ng. ir O aP 7f ^.r *J '■r> •1. CnSTMO CERTFICATE OF SURVEY FOR JODI DALVEY N COV T LOT t. SCO. 9-117-23 HENNEPM COUNTY. MINNESOTA LAKE Minnetonka CRYSTAL BAY tICAt BHCW>TOt Of WilfStS r»mi »•« •< LM «. SmU«> n C*"****:* 1. «O0 'Mt *'•" •• •• »««• iwt* MX« M •• tMi«> 100 ttt. mm»€» C m« »«m •« Wf> !>«•<■*« tMta* M M M.« •! im» »«(, M I0»«I t**! •»»«• • IM ^ IM Sma * m* K •»« SmVW t !• m* •« *Mra<|» «<•«• m» taMO «*ai «n TM. «r««r M..09 U ». «l •« . ^ •• *“•*-" •< • nnm M t«ni • **«t Mt u ««M ••v Mltv m ii <4 o «co O CD .# .5 ;j:'; ■■; ,0:1 1:1! ;j J:-.. <i^ I s o a •. r_ a*«. MU. O #2719 Dir- U JWgJgtJl!!!--------------- UJI I? a CD Ji ■ ,./ i-': ../ '’4) ^Aii/£r HARDCOVER CALCtLATlUiN WUKK5Ht±.T * St^BACIC20^^E: (CIRCLE ONE) CP^ 75-250’ 250-500’ Evisnxc HARDCONTR IN 7.0NT A. H oum • • _____________ * _____________ ■ __ 500-1000* 9-/v-<»/ /o- 2-«/ Lia{ih Widib B. Ganft * C; Driveway D. Sidewalk E. Pado/Oeck S.F. ’S.F.' ;s.F. .S.F. S.F. |S.F.‘ $F. S.F. S.F. S.F. S.F. "SF. J 9 0. Other V TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A- _____________ B X 100 - S.F. S.F. % PROPOSED HARDCOVER IN ZONE A. Houie _____________ Wlddi B. * dan{c C. Driveway X X X X X X X X X S.F, S.F. [S.F. .S.F. S.F. I S.F. S.F. S.F. S.F. S.F. ^40 a. Olhn (i,.a S.F. S.Fi . S.F. .t. .9 TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A :_ _ _ _ _ __ ♦ B _ O • S.F. X too - tfCS S.F. O % HARDCOVER CALCLLAllUiN WUKK&HJ!.l!.T ’ SETBACK ZONE: (CIRCLE ONE) ----- ------“ ^0-7i'25O-S00*500-1000* 9-/y-a/ ^ Z-. o/ EXISTING HARDCO\TR IN ZONE A. House ■ ____ Lffifih WUih S.F. . S.F. S.F. B. Garafo * C. - Drivewty .S.F. S.F. 0. Sidewalk S.F. S.F. E. Patio/Deck S.F. S.F. F. Landscape Underlain By Plastic Or Fabric S.F. i?; C. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A* _ _ _ _ _ _ + B X 100 « S.F. .S.F. A B PROPOSED HARDCOVER IN ZONE A. House UafJi 3*/0/ S.F. B. daraje C. Driveway S.F. S.F. S.F. S.F. S.F. D. Sidewalk /TO S.F. 2 97 S.F. E. Patio/DMie- ^jrta ^ rc/ittj-/^/ S.F. 273 S.F. F. LandKape Underlain By Plastic Or Fabric 0. Other ^ ^ S.F. S.F. ,S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A :____________ B XlOO - "TWTtTr S.F. B ’ % />jiu/€r HARDCOVER CALCbLA'l lUiN WUKA5tlfe,l!,T * SETBACK ZONE: (CIRCLE ONE) 0-75’ 75-2S0’ EXISTING HARDCO\TR IN 7Q.NT ft ft*________ 500.1000’ f-/y /o- z.I O, A. House • • • B. Cv3|8 ■ C; Driveway D. Sidewalk E. Patlo/Oeck F. Laadscape Underlain By Plastic Or Fabric L*n|ih Widitl C. Other S.F. S.F. S.F. S.F. S.F.' S.F. .S.F. S.F. S.F. S.F. -.?F. _S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A* _____________ + B X 100 PROPOSED HARDCOVER IN ZQNT A. House _____________ LcftfJi WkJjh B. Carase C. Driveway D_. Sidewalk E. Patio/Deck « • F. Landscape Underlain By Plastic Or Fabric 0. Other S.F. S.F. S S.F. S.F. S.F. S.F. ^SO S.F. S.F. ________S.F. S.F. 3 o S.F. S.F. .S.F. S.F. S.Fi S.F. total hardcover IN ZONE TOTAL PROPERTY AREA IN ZONE A :_ _ _ __ _ + B X too J2 5-VS.P. jc.yy/ S.F. SqKen^ier 10* 2001 David & Jodi Dalvey 3230 Bohns Point Lane Wayzata.MN SS391 RE: 1S20 Bohns Point Road >VariaoceApplkatiaii(s) Dear Jodi ft David: We understand that you are app^ring for several varkoces in conoectioa wath your potential constnictioQ at 1320 Bohns Poirtf Road. You have shown us a survey dated 2-22-01 from Coffin ft Granburg which shows the location of a new home on the she of the old house. With reference to that drawing which will be included along with this letter in a Request for Variance AppUcatioo submitted to the CiQr of Orooo on September 18, 2001, w« agree to support >txir request for the fdlowing two variances. MINIMUM LOT WIDTH: We understand the City of Orooo requires a minimum lot vridth of 144 feet and that your lot b only 100 feet wide and consequently you are requesting a variance from the City of Orooo. Without a variance, you cannot build on the lot per City of Orooo sUtutcs. We agree to and support your request for a variaacc so that you may build oa the lot MINIMUM SETBACK REQUIREMENT: We understand the City of Orooo has a setback requirement which prevents the construction of any foundation or hardcover (patios, decks, etc.) to the East of a straight line drawn between the easternmost point of the foundatioo/hardcover of the house at 1300 Bohns Point Road and the easternmost point of the house at 1340 Bdau Point Road. We understand that you intend to position the proposed new bouse further from Lake Minnetonka from where the exbting house foundation currently sKs, but ahead of the straight line btfween the two neighboring homes. Without a variance, you would need to move the bouse away from the lake another 13 to 20 feet to comply. Thb distance does not impact our view of the lake and because the new house will be further back, actually would improve our view if we bad such a concern. We agree lo aad support your request for a variaacc so that yoa any posMaa yoar koose as shown oa the survey plan. You agree lo use your best effort to keep us apprised of ai^ future changes, which may impact our properties and further agree to riiare your currrat site plan survey drawings with us in the future should we so request 9' /o-oi Signed: Richard and MJ Hauser 1340 Bohns Point Rood Wayzata, Minnesota 33391 (932)471.9332 Gene and Barbara Johnson 1300 Bohns Point Road Wayzata, Minnesota 33391 (952)471-7699 .'•.., f*■ -iMk&m -.. '- iV> /•; ;• /#/.’.V p' •, "r.. >r G f 'tsc »f>,-^\-:. vin-M 'X:'C. V ~ «r: f.\ .'■ • 'li'■-■>'* >.v-i^ *4) T » .>V ' • s *V'. V ■"‘■''i^g v .iT*:’- -c * ' V v-S ‘i - ^ '■‘■■• V- ■' -■ -n-f :<-'U^Vlv.->4i jU u tOMMIT Line VNITI. «....... Tsr, MMtOQR «M ORONC^ .V: i >>TN«Y«nl>er| l^i::|l4ax__L ^ -i ^ . I .: ;• ' • *. ■ __Lake C^i enii» •lOHNS.S fOlNr 5^u ^ V » ^Mv; :• * • r • // . 5mir/i J5 vORONQ®'/ :: ‘«*l/r.J( V ; *•' •1600 V". I / ✓/ * •* . B<1 •• Bohiu Point Crystal Bay * ■ ; • . . • ; . •* • .. •* ■i Say i.' . .. \ Ltfaycn: /- •V Country ^ ^.h ■ ■'h \..y • • etonka ul . ■ . .V 4? • j^l Wirt r •».. ‘MV: Muntiniton Point Isttnd '-mNri;'^ ■,‘\*rfi » f». * ¥:•;J^;r- RUN MTC t^/l^/Rt RATCN its NENNIflN comfy nORCRTY mrORNAnON SYSTEM raorCRTY OMNERS LIST RCrORT NO. rX4SS4ll RMt R fmp Aooo OUNCR NANi TAHPAVER NANE/ADOR SR AR-llT-ES AR •S22S ROMNS POINT LA N A V SWEATT HENRY L SMEATT C/0 LORRY HILL At 7TM ST S RSSRR NPLS NN SSAR2 SR RR-n7-25 %A RRIA ■ISSS RONNS POINT RO RICHARO A RORN RICNARO A RORN 15SS ROMNS POINT RO ORONO NN SSSn SR IA-1I7-2S SS RRI4 •14RR RONNS POINT RO CHLOE NELO HORAN CNLOE NELO HORAN lARR RONNS POINT RO UAVZATA HN 5SSA1 OMNER NAME TAMPAVCR NANE/AOOR SR RA-117-2S SS RRIS •ISIR RONNS POINT RO RARRARA R JOHNSON TRUSTEE. EUOENE R RARRARA JOHNSON ISRR RONNS POINT RO WAVZATA NN SSS«1 SR RA-U7-2S SS RRRR RIS2R ROHNS POINT RO J A DALVEY SOP DALVEY DAVID A A JOOl F DALVEY 1S2A ROHNS POINT RO HAVZATA NN SSSSl SR IA-1I7-2S SS RAA7 A1S4A RONNS POINT RO NARY JANE HAUSER NARY JANE HAUSER IS4R RONNS POINT RO NAYZATA NN SSS91 PROP ADM OWNER NAME TAXPAYER NANE/ADOR TOTAL RATCN BAS tOIBA % <1 CD I CERTIFY THAT TNE FACTS REPRESENTED ARC AN ACCURATE ANO TRUE REPRCSCNTATION OP INFORMATION AS IT APPEARS THIS RATE ON TNE RECORBS OP TNE NENNEPIN COUNTY DEPARTNENT OF PROPERTY TAXATION. TO THE REST OP NY KN0WLE06E AND RELIEF. BATE ov C\ AppIkalioR Date: 9/20AU Coaipictioa Date: 9/20/01 60 Day Dcadllae: 11/19/01 COUwrn utrcTINQ ocr 2 2 2001 CITYOFOHCXVU Dtparlneat Approval: Naaic Wendy Boitenberg Title Zoning Admiiutnitor Planner REQtEST FOR COUNCIL ACTION DATE: lO/l&OI ITEM NO.: / > Agenda Section: Zoning Item Dcwiiptioa: NOI-2720 Craig and Bev Miller |}25 Shoreline Drive Variances Zoninf District: Lot Aren: LR-IA 93.503 $.f. One Family Lakeshore Residential District (2 acre) (2.147 acres) Lbl ofEihlblts: A Resolution B SufTRepon and Exhibits of IO I5C00I Appikatioii Summary: The applicants own the subject property and are requesting a lot width variance and an accessory building variance to construct a new residence on the lot. I'he e.xisting residence that w'as built in 1973 will be demolished. A lot w idth variance is required due to the lot being 90 feet wide where 2U0' is required in the LR-1A zoning district. An accessor)’ building variance is required because Orono zoning code does not permit an accessor) building on a property w ithout a principal structure. Currcnlly there is an existing accessor) building (shed) located on the property without a primary structure. The applicants have not submitted building plans for the new residence but they have indicated they would like the shed will remain I. Section 10.24, Subdivision 5 (B): Lot Width: The lot is 130 feet wide at the shorelir^ and 135' wide at the 75' setback where 200 feet is the minimum lot width for the LR-1A zoning district for new construction. 2. Section 10.03. Subdivision 9: (Accessory Buildings): No accessory buildings or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessor). DlSCtSSIO.N: In this case the accessor)’ shed in the 0-75* setback zone has not been subject to prior approvals, w^s likely constructed under the current 75* setback rules without a permit, and there are no other similar structures in the immediate neighborhood. The shed has no historical value, and is of a construction such that it can be easily moved to a conforming location. PLANNLNG CO.MMISSIO.N: The Planning Commission recommended by a 6 to 0 vote to: Approve the application subject to relocation of the shed to a conforming location. i STAFF RFCOMMENDATION: To approve ihe enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. A RKSOLtTIO.N GRANTING VARIANCLN TO MUNICIPAL ZONING CODE SECTION I0J4. SUBDIVISION 5 (B) AND SECTION 10.03« SUBDIVISION 9. FILE NO. 01-2720 WHEREAS. Craig R. Miller and Beverley M. Miller, (herelnafler "the applicants") are the owners of the property located at 1325 Shoreline Drive w ithin the City of Orono (hereinaHer "the City") and legally described as follows: See Exhibit A WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.24. Subdivision 5 (B) to permit new residential construction on a lot that is 130 feet wide where 140 feet is required and Section 10.03. Subdivision 9 to permit an accessory structure on a lot without a principal structure. WHEREAS, atkr due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on October 15. 2001, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW« THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: RNDINGS 1. This application was reviewed as Zoning File <<01-2720. 2. The property is located in the LR-IA Zoning District, where 87.120 s.f or 2 acre Is the minimum required lot area. The property consists of approximately 93.503 s.f. or 2.147 acres. 3. The Orono Planning Commission reviewed this application on October 15.2001 and recommended approval of the proposed variances based upon the following findings: Page 1 of? 5. A. B. C. D. E. The property .x been developed with a residential use since at least 1973. The lot can be developed without the need for further variances. The lot size is consistent with that of other developed properties in the neighborhood. The detached accessory- building is in good structural condition. The detached accessory building was likely constructed under current 75* setback rules without a permit with no similar structures in the immediate neighborhood and is of no historical value. Is on a cement slab therefore easily moved. The detached accessory ’ building is currently located within 75* of the lakeshore and be moved to a conforming location. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other propert>- in this zoning district; that granting the variances will not adversely aflect 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 Cit> Staff, comments by the applicants and the effect of the proposed variances on the health, safety and welfare of the conununity. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants Page 2 of? ii variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to allow new residential construction on a lot that is 130 feet wide and 140 feet is required and Section 10.03. Subdivision 9 to allow an accessory structure on a lot without a principal structure. Approval is subject to the following conditions: 1.The shed located within 75’ of the lakeshore shall be moved to a conforming location prior to City issuance of certificate of occupancy for the new residence. Authorities granted by these variances run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit w ithin one year of the date of Council approval, or these variances will expire on that date (October 22.2002). Violation of or non-compliance with any of the terms and conditions of these variances shall constitute a violation of the zoning code, shall automatically terminate any authorit>’ granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 22nd day of October, 2001. ATTEST: Lindas. Vee. City Clerk Barbara Peterson. Mayor Property ’ Owner (s) Page 3 of? jiiHL mi STATE 01 MINNESOTA ) ) $5. COUNTY OF HENNEPIN ) The foregoing instniment was acknowledged before me on this 22nd day of October. 2001 by Barbara Peterson and Linda S. Vee. Mayor and City Clerk of the City of Orono. a Minnesota municipal corporation and said insmunent was executed on behalf of the City. Notary Public STATE OF MINNESOTA ) ) M. COUNTY OF HENNEPIN ) On this day of. for said County, personally appeared 2001, before me a Notary Public within and _____________________________known to me to be the person! s) described in and who executed the foregoing instrument, and acknow ledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this.day of... 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? STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknow ledged before me on this 22nd day of October, 2001 by Barbara A. Peterson. Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of October, 2001 by Linda S. Vee, City Clerk of the City of Orono. a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STAl E OF MINNESOTA COUNTS'OF HENNEPIN On this___day of_..20 personally appeared before me. ____ who is personally known to me ____ whose identity I proved on the basis of. ____ whose identity I proved on the oath/affirmation of___________________________. a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Page 5 of? Notar>' Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of _-.20. personally appeared before me. ____ who is personally kno\«i to me ____ whose identity I proved on the basis of. whose identity I proved on the oath/afTirmation of. a credible witness and who executed the foregoing instrument, and acknow ledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Page 6 of7 '■>iw ■■ ■ LEGAL DESCRIPTION OF PREMISES Thot port of Troct A, Registered Lend Survey No. 1350, files of Registror of Titles, County of Hennepin, lying NortheosterIy of the following described line: Ccnmencing at the most Northerly corner of said Tract A; thence South westerly along the Northwesterly line of said Tract A a distance of 268.6 feet to the point of beginning of the line being described; thence deflecting left 117 degrees 47 minutes to the Southerly line of said Tract A, and there ending. IMo I [ nif I - -if 1*^ 3 1 TO: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Wendy Bonenberg. Zoning Administraior/Planner DATE: October 12.2001 SUBJECT: #01 -2720 Craig and Bev Miller 1325 Shoreline Drive Variance •• Public Hearing Zoning District: LR*1 A One Family Lakeshore Residential District (2 acre) Lot Area: 93,503 s.f. (2.147 acres) Ust ofEahiblU A Application B Survey of Existing Residence C Photos of Propcrty/Acccssory Building D Location Map E Property Map F Propert> Owner’s List Pertinent Code Section: 1. Secii'/n 10.24, Subdivision 5 (B); Lot Width: The lot is 130’ wide at the shoreline and 135* wide at the 75’ setback where 200’ is the minimum lot width for the LR-IA zoning district for new construction. 2. Sect.on 10.03, Subdivision 9: (Accessory Buildings): No accessory buildings or structure shall be coa'.tructcd on any lot prior to the time of construction of the principal building to which it is accessr^ry. Application Summary: The applicants have recently purchased the subject propert) and arc requesting a lot width variance and an accessory building variance to construct a new residence on the lot. The e.xisiing residence ;hal was conslructt d in 1973 will be removed. A demolition pennit had not yet been obtained js of this w riting. .A lot wi Jth variance is required due to the lot being 130* wide where 200* is required in the LR-IA zoning district An accessory building variance is required because Orono zoning code does not permit an accessory building on a property without a principal structure. Currently there is an c.xisting accessory building (shed ) located on the property without a primary structure. The applicants have not submitted building plans for a new residence but they have indicated the accessory building is intended to remain. This lot is a lakeshore lot and is sewered. mil-2720 Craig and Br/ Miller 13625 Shoreline Drive Variance 10/12/2001 Page I ANALYSIS LR-IB Lot Area Lot Width Required 2 Acre 200* Actual 2.147 Acres 130' Hie subject lot conforms to lot area. Statement of Hardship: This is an existing lot which was platted prior to current zoning standards. Issm i for Consideration: 1. The lot was platted prior to current zoning requirements. 2. A residence exists on the property. 3 The detached accessory building is in good structural condition. 4. There is not a permit on file for the accessory structure, however it appears it has been there for many years, perhaps nearly as long as the house, which was built in 1973. Does the Planning Commission recommend the shed be removed since no hardcover is allowed in the 0-75 setback area? Can it be moved to a conforming location? What hardship justifies its continuation as a non-conforming structure? 5. Other issues raised by the Planning Commission. Staff Recommendation: Staff recommends approval of the lot area variance, and recommends that the shed be removed or moved to a conforming location. The applicants have not submined a plan for the proposed rcside.nce. To obtain a building permit the new residence must meet all setbacks, hardcover and structural lot coverage requirements. to !•2720 Craig andBev f.ftlltr 1325 Skorflint Drive yariance 10/122001 Page 2 A CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S250.00 (S50.00 per each additional \*anance) Rene\%*al Variance Fee SI50.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address dfn/^ AppBcalioii U 0J-Z7'2.0 I^fe Rccehcd~yA i/ot Amount Paid Property Identification Nur.iber (P.l.D.) C2-lly.z3 J</ Oc// Anach legal description t*j application if not included on required survey. Dace Property Acquired,_____________________________________ I (do) 00 noj) also own the adjacent parcels of land. Present use of propjcrty: residential ___^olher (specify). .(month/year) Zoning District: 3 APPLICANT mg rPcc‘!,\/ IS'r i Name i g Clr^ \/ |Mi l\^/ Address:^ffl Phone (home) ^ W? c/ c/ / Phone (work)_ ^ City: I CyiL(7 oJK Zip: I OWNER (if different than applicant) Name ____________ Phone (home). Phone (work) Address:City:.Zip:. DESCRIPTION OF REQUEST Estimated Construction Cost S__ Describe request in detail: LoV VUid-Vh at |Q.^(1 r^n.l rMCL flcc*snc.t rirvTe.t- praai/PW \.i>ir<-fk (attach additional 'libeets if necessaiy) variances REQUIRED ___Lot Area Lot Width Setback:Front Side Hardcover Rear .Lot Coverage __ Average Lakeshore ^ Other (specify) /jcc^jsoiry HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing co,mpliance with Zoning Code requirements: :?.R Ac.fi» , . fe 4'hr fU'A /f/ ni/ref\ nndiaS (attach additional sheets if necessary ) #2720 TT REQUIRED SUBi\UTTALS ...... ....................... *• ---- Completed Application Form Fuuncc. A.i03.U« c.tr, 3«.5“?)°f - «r:[rn,'L'ZLd"*t ai, ? “0 include haHcov.r reproduction ^ O ‘npy »»'>■ x IP for ---- Additional items as may be requested by City staff. APPLICANT'S SIGNATURE Adm“n'ir!la“r. tgrew wpay rddSl'fees (Mff Umenol'""'^ °d' r"-'"* and/or consulumt expends incurred in rev “ ‘ Th f infonnation .applied is cen.fies that the Applicanfs Signature _Es.j^ kl ■ li j. 1, > Date ^'JS-Q] 5. 6. 7. 8. OWTVER'S SIGNATURE ento- onto the proA'^^by SV'co “ud>ori2es reasonable ntentbers for pun»ses of investigation andtriLtCf Owner’s Signature____________Date Applicant must have all subminals into the Citv -y< a u r Commission Meeting Plannlna Commission Vf »• * Planmng month. Applicanu «u.T^"^srni «hX7Commission and Council If . V ‘'beduled revlen- meetings of the Planning d: Zoning S'^e" of';u7h “g:;tT:^ “<« “ BtSding / f /O’■/ n .................................^ c fii: / - r7:^c H* •, \ •i-*; •' V -■ - — •'. V r-ti-4«: *JLrar rCiiSSs-i •x: ■..■.'■:•• :-iw* 1 ■JB»w« (1 V* / •. *. -> >*j-- T* -*. HSCt-sic?/:* ' ~~r^ r ' f LL. t • < >K 5»ii^ 1 L u U- mm DATE 9^/17/n BATCH SIB HENNEPIN COUNTV PROPCRTV INTORNATION SVSTEH PHOfERTV OMNERS LIST PROP ABOR OMNER NANE TAXPAVER NANE/ADOR PROP ADOR OMNER NAME TAXPAVER NAtRE/AOOR PROP AOOR OMNER NAME TAXPAYER NANE/AOOR 10 SB B2-117-2S M BIOS B15BS ORONO LA NICOLE MARIE R TNONAS PETER H t NICOLE H THOMAS IMS ORONO LA MAVZATA MN SSSBl M 02*117-25 SA Bill B1525 SHORELINE OR BEVERLEY M MILLER BEVERLEY N MILLER ASB BOVEY RO MAYZATA MN 553B1 M B2-n7-25 34 BB12 BIMB ORONO LA DAM JOHNSON DOUGLAS D JOHNSON 4144 CENTER BOARD LA S E STUART FL 34997-4174 M B2-117-23 34 0B13 BISBS SHORELINE DR ■ M J POPP ATE POPP NILLIAH J A TERI E POPP ISBS SHORELINE DRIVE MAVZATA MN SS391 M #2-117-23 34 BB14 BBBM ADDRESS UNASSIGNED MC LEOO CO REG RAILROAD AUTH DAKOTA RAIL INC 2BB NORTH MILL ST FERGUS FALLS MN 54S37 M B2-117-2S 41 00B9 BBBM AOORESS UNASSIGNES NCLEOO CNTV REB RAIL AUTH DAKOTA RAIL INC 2S AOAHS ST N HUTCHINSON HN SS35B TOTAL BATCH SIB BBB04 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE IttNNEPIN COUNTY DEPARTIKHT OP PROPERTY TAXATION, TO THE BEST OF NY XNOHLEOGE AND BELIEF. BATE. Completion Date: 9/lB<DI 60 Day Deadliae: II/I6/0I KEQULST FOR COtNCII. ACTION Department Apprutal: Name Wcmly lluttcnbcrg Title Zoning Adminurator Planner MEETINS OCT 22 2001 CITYOFORONO DATE: lO/ISOI ITEM NO.: /V Agenda Section: Zoning Hem Dneription: aOI-2721 Waiter Hol/er 1130 North Shore Drive W est Variances Zoning District: Lot Aren: LRIB 36.458 s.r One Family Lakeshore Residential District (I acre) (.848 acres) UttorEibibits: A Resolution B StafT Report and Exhibits of 10 IS'^OOI Application Sumnnry: The applicant owns the subject property and is requesting a lot width variance and on accessoiy building variance to construct a new residence on the lot. The existing residence that was built in 1920 will be demolished. A lot width variance is required due to the lot being 100 feet wide where 140' is required in the LR IB zoning district. An accessory building variance is required because Orono zoning code does not pennit an accessory building on a property without a principal structure. Currently there is arc two existing accessory buildings (detached garage - 30.2' x 30.8 ’ and a shed 12.2* x 30.2') located on the property. A variance was granted in 1997 to allow the detached accessory building to be constructed on the property and a permit was issued in 1999 for the shed. The applicant has submitted building plans for a new residence and the two accessory buildings will remain. 1. Section 10.24. Subdivision 5 (B): Lot %Vid(h: The lot is 100 feet wide where 140 feet is the minimum lot width for the LR-IB zoning di.strict for new con.struction. 2. Section 10.03. Subdivision 9; (Accessory Buildings): No accessory buildings or structure shall be constructed on any lot prior to the time of construction of the principal building to w hich it is accessory. PLANNING CO.M.MISSION: The Planning Commission recommended by a 6 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 VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) AND SECTION 10.03, SUBDIVISION 9, FILE NO. 01-2721 WHEREAS. Walter Holzer. (hereinafter "theapplicant") isthcouTteroflhepropert}’ located at 1130 North Shore Drive West within the City ofOrono (hereinafter "the City ") and legally described as follows: See Exhibit A WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit new residential construction on a lot that is too feet wide where 140 feet is required and Section 10.03. Subdi\ ision 9 to permit two accessory- structures on a lot without a principal structure. WHEREAS, after due published notice and mailed notice in accordance with .Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on October IS, 2001. at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnest)ta: 1. 2. 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono. FINDINGS This application was reviewed as Zoning File #01-2721. The property is located in the LR-IB Zoning District, where 43.560 s.f. or I acre is the minimum required lot area. The property consists of approximately 36.458 s.f or .848 acres. The Orono Planning Commission reviewed this application on October 15.2001 and recommended approval of the propo:>ed variances based upon the following’ findings: Page 1 of 8 A. D. The property has been developed with a rcsideniial use since at least 1920. The site plan indicates the proposed residence. It meets all requirements for sethaAs. hardcover and structural lot coverage. C. D. K. The lot can be developed without the need for further variances. The detached accessory' buildings arc in good structural condition Variance approval was granted for the detached garage in 1997 and a permit was issued for the shed in 1999. I'hc City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances will not adversely atTect traiTic conditions, light, air. nor pose a fire hazard or other danger to neighboring property; would nut merely serve os a convenience to the applicant, but is necessary to alle\ late a demonstrable hardship or dilTicuIty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicant and the effect of the proposed variances on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council heieby ^'rants variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to allow new residential construction on a lot that is 100 feet wide and 140 feet is required aiKl Section 10.03. Subdivision 9 to allow two accessory structures on a lot without a principal structure. Approval is subject to the following conditions: Page 2 of8 1 . Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit B. Any amendments to the site plan may require further Planning Commission aixl City Council review. 2. Authorities granted by these variances run with the property not with the applicant, but arc permissive only and must be exercised by application for a building permit w ithin one > ear of the date of Council approval, or these variances will expire on :!>at date (Octo^*r 22. 2002). 3. Violation of or non-compUance with any of the terms and conditions of these variances shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. 1'hc undersigned applicant has read, understood and hereby agrees to the terms of tliis resolution and on behalf of himself, his heirs, his successors and assigns, hereby agrees to the recording of this resolution in the Chain of 1'itle of the property. Adopted by the City Council of the Cit> or Orono, Minnesota at a regular meeting held on ihe 22nd day of October, 2001. ATTEST: Linda S. Vee. City Clerk Barbara Peterson Mayor Property Owner (s) STATE OF MINNESOTA ) ) ss. COL'NTY OF HENNEPIN ) Page 3 of 8 jil ' The foregoing inslrumenl was acknowledged before me on this 22nd day of Ociober, 2001 by Barbara Peterson and Linda S. Vcc, 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 STATU OF MINNHSOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of. for said County, personally appeared 2001. before me a Notary ’ Public within and _____________________________known to me to be the person(s) described in and who executed the foregoing instrtunent, 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 pcrson(s) desr-ibed in and who executed the foregoing instrument, and acknowledged that he (they) executed me same as his (their) free act and deed. Notar>' Public Page 4 of 8 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing insinimcnt was acknow ledged before me on this 22nd day of October, 2001 by Barbara A. Peterson. Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of October. 2001 by Linda S. Vee. City Clerk of the City ofOrono, a Minnesota municipal corpt)ration and said instrument was executed on behalf of the Citv, Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of .20 personally appeared before me. ____who is personally known to me ____ whose identity 1 proved on the basis of _ whose identity 1 proved on the oath^afTirmation of. a credible witness and who executed the foregoing instrument, and acknowledged that he/she/'they executed the same as hisher their free act and deed. Page 5 of8 iiftiifMffi fil Notar>' Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of.,20 personally appeared before me. ____ who is personally known to me ____ whose identity I proved on the basis of. ____ whose identity I proved on the oath/affirmation of ___________________________. a credible witness and who executed the foregoing instrument, and acknowledged that hc/shc/they executed the same as his/her/their free act and deed. Notao’ Public Page 6 of 8 % A I PROPERTY DESCRIPTION along he Nor herly l.ne Jhcreof o disloncc of 402.5 fed; Ihonce Southerly o distonce of 2 124 4 feet o/ong the South l.ne thot «f.ll intersect the Eost and West Ouorter Section line of said S Section 7. 396.5 feet Eost of the West Quarter post of sold Section 7 which sholl be the point of 2 beginning; thence continuing Southerly along said line a d,stance of tOO feet; thence Westerly ond porollel with the Northerly line of said Section to the Westerly line of soid Section; thence North erly Olong sold Westerly line to the intersection with o line drown from the poml of beginning porollel with the North line of soid Section; thence Eost along parallel line to the point of beginning according to the U.S. Government Survey thereof. Hennepin County. Minnesoto Mf «• l»« A •• *0H >*ft. !•♦*<« $•»■*« 0fZ 0^ -M<rt ••-J {Vkl* ■«« IK«* »* •>« ^^t! **4 ■*«! Ob i« .*• » >•*< l»»i •* '*^ Ob»»i»* »««i •» »•« r 1/4 «l !«»<• ». '»•««»» •>?. *•»»• •»•• •* ■“1^ •) !»♦ €•••»• •• *»^ t*tl0». *0*^4 tni*^ --% I*f4. !•♦-<« $«>.I*«*V • ♦•'•*«• •• i 'i** Om>i«> Sf<l«" !«••>•«« •»b<<* »••• »« I** r»** •* !»«..«• )•«•<,« «1- t*-« >»» • 04 '00 '«• '•♦w • !••■ V »;•> I** ••»•!*•«* l-« •» Ml J«l«» '• «-•%!••> I'# •* *y** ^ >,>.<« )-« •> *»« t«tl ••-I 0»4440> l»« » »••’* •• *^ *•■**• U' W »f •*•»••* >*»«*«»* r»«*« .,»> >»*•< 3 2 XO: Chair Ha\^n and Orono Planning Commission Members Ron Moorse. City Administrator FROM: Wendy Dottenberg. Zoning Administrator/Planner DATE: October 12, 2001 SUBJECT: #01-2721 Walter Holzer 1130 North Shore Drive West Variance - Public Hearing Zoning District: LR-1B One Family Lakeshore Residential Distrkt (I acre) Lot Area: 36.458 s.f. (.848 acres) List ofEshibits A Application B Site Plan/Sur\e> C Elevation View D Floor Plans E Hardcover Calculations F Location Map G Propert> Map H Property Owner’s List Pertinent Code Section: 1. Section 10.24. Subdivision 5 (B); Lot Width: The lot is 100 feel wide where 140 feet is the minimum lot width for the LR-1B zoning district for new construction. 2. Section 10.03, Subdivision 9: (Accessory Buildings); No accessory' buildings or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. Application Summary: The applicant owns the subject property and is requesting a lot vvidilt variance and an accessory building variance to construct a new residence on tlie lot. llie e.xisling residence was constructed in 1920 and the accessory buildings will remain. A lot width variance is required due to the lot being 100 feet wide where 140* is required in the LR- IB zoning district. .An accessory building variance is required because Orono zoning code does not permit accessory buildings on a property without a principal structure. Currently there are two c.\isting accessory- buildings (detached garage - 30.2’ x 30.8’ and a shed - 12.2’ x 30.2’) which will be located on the property without a primary structure. A variance was granted in 1997 to allow the detached garage to be constructed on the property and a permit was issued in 1999 for the shed. The applicants have submitted building plans for a new residence and the two accessory- buildings will remain. $0h272! Walter Holztr U 30 Sorth Shore Drive W far lances IWUlOOt Page I The applicants survey does not indicate the 1,000* setback from Jennings Bay. However, staff has estimated that the existing principal structure is entirely within the 1,000* setback area. The accessory buildings are not located within the 1,000* setback area. Hardcover is not an issue with this application. Statement of Hardship: This is an existing lot which was platted prior to current zoning standards. Variance approval was granted and permits issued for the accessory buildings on the property. Isanea for Consideration: 1. The lot was platted prior to current zoning requirements. 2. A residence exists on the property. 3. The detached accessory buildings arc permitted and in good structural condition. 4. The proposed residence meets all setback, hardcover and structural lot coverage requirements for new construction. 5. Other issues raised by the Planning Commission. Staff Recommendation! Staff recommends approval of the requested variances. ltOI-2721 WalttrHotzer U 30 North Short Drivt Varianca I0fl2/200l Page 2 ANALYSIS LR-IB Lot Area Lot Width Required 1 Acre (80%=0.8 Acre)140* Actual .84 Acre (No Variance needed)100* Structural Coverage; Total Lot Size Total Structural Coverage 36,919 s.f. (.84 acres)Allowed; 5,468.7 s.f. Existing: 2,157.6 s.f. Proposed: 4,816 s.f. (Including acc.bldgs) Hardcover C.’alculations; Distance from shoreline 1 oud area in setback .Allowed hardcover Existing hardco\er Proposed hardcover 500-1000’16,250 s.f.3687.5 s.f. (35%) 859.6 s.f 3,518 s.f. (21.34%) cm- OF ORONO - VARIANCE APPLICATION 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 After-the-Fact Fees (Double application fee) AppOcadoa U ~ 2 7 7 ^ Date Received~v//f/e/ ~~ Amount Paid ZSO PROPERTY INFORMATION Site Address W^O COor IL FfWOlxA' VW»\. Property Identification Number (P.l.D.) ZZ Attach legal description to application if not included on required survey. Date Property Acquired \qgu __________________l__(monlh/\ear) I (do) td^ noa also own the adjacent parcels of land. Present use of property: X residential ___^other (spccify)_ Zoning District: I I ^_________________________] APPLICANT Name t.i fl- iViW Address: ir?0 nV>r4-V.t>W-rc. rV*. l*? City: Phone fhome) Q^- t-ni -UU 5*^ Phone (work) ^ ______ Zip: OWNER (if different than applicant) Name_________________ Address: Phone (home)_ Phone (work)_ City:. DESCRIPTION OF REQUEST Estimated Consuuction Cost sH Describe request in detail: ^ >.\A r\ v t co \Aocsr__________________ f t ' i' h'ti o' t • f • / 'c ) ^ '(attach additional sheets if necessary ) VARIANCES REQUIRED ___Lot .Area Lot Width ___Hardcover .Lot Coverage Setback.Front Side Rear Average Udeeshore Other (specify ) IIARDSHIP/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) Jlj ^ ^ 1. 2. JL REQUIRED SUBMITTALS ................................................. Completed Application Form i?sruLkid ““ p'« "’“p (>»“ Finance. A-60» Gov, "^P^'"' ”f c^r:fr„a'’L":‘c';':Lda'’/diLn""“‘';''"'^‘’;!,“‘‘ reproduction "‘™- '“PF 8^»" » H" for : - ---- Additional items as may be requested by City staff. APPLICANT’S SIGNATURE information supplied is tme and conectmjh^st of hU^flStowredg ” Applicants Signature _ ___________ 0^,^ {r-JCyg\ . J J L ------------------s 86*0T38* £------------B north line CT the KW |\4 Cf SEC. 7. T1I7. R23 # 2 7 2 1 (? ^ennepin County Taxpayer Services Department •• : I MM 0A1C •»/SI/«l ■ATCN Ml 54 12-117-94 14 Mil fmp AOM •117S CO ra NO 1* OMMCI NAIC SMCOISN CVAN TAMTAVIR rAIRVlIM COVCNANT CHURCH NAHi/ABM 117i COUNTY RD 14 NOUMO HN M544 MNNCPIH COUNTY PROOCRTV INFONHATION SVSTCN PtOPiRTV OHNCRS LIST 54 12-117-24 14 itlY •114S CO HO NO 14 r I S HOYLE FREO C I SNIRLEY J HOYLE 114S CO RO NO 14 HOUND HN SS544 RCMRT NO. PI4SMR1 PARC 1 SO OF-llT-lS IS M04 OHM NOHTN SNORE DR N RRIAN E PETERSON •RIAN a NARNIE PETERSON 1104 NORTH SNORE OR M NUUNO IM US44 SO 07«117*2S 25 OOOS PROP ABOR 01120 NORTH SHORE OR H OWNER NAHI JAY ALLEN LEZER TAXPAYER JAY A LEZER NAHE/AOOR 1120 NORTH SHORE DR WEST HOUND HN 4S544 SO 07-117-25 25 0004 01150 NORTH SHORE DR U HALTER HQLZER ET AL WALTER NOLZER 1150 NORTH SHORE DR H HOUND HN SS544 SO 07*117-25 25 0007 00050 ADORCSS UNASSIONED FAIRVIEW COVCNANT CH FAXRVIEW COVENANT CHURCH 117S COUNTY RO 14 HOUND HN SK544 PROP A09R 50 07-117-25 25 0015 04740 TOHKAVIEW LA SR 07-117-25 2S 0024 00050 ADDRESS PENDING Application Dale: 60 Day Deadline: 9/18/01 11/17/01 request for council action cnnMrii meetinQ OCT 2 2 2001 emroFORONo DATE: October 18.2001 ITEM NO.: /5 Department Approval: Name Paul Weinberger Title Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: Zoning District: Usi ofEshibits «01 -2723 Brewer Chiropractic Clinic 3800 Shoreline Drive Commercial Site Plan Review B-S. Limited Neighborhood Business District A Resolution B Site Plan C Planning Report (October 10, 2001) Review of Request Mark Brewer, proprietor of the Brewer Chiropractic Clinic in Mound, has filed an application for a Commercial Site Plan Review to convert the existing non-conforming single family dwelling at 3800 Shoreline Drive into a clinic. “Clinics” are listed as a permitted use in the B-5 district. No variances are required. The building has undergone some e.\tcnsive interior remodeling by Brewer as part of tlic conversion of the structure from a residential use to a clinic/ofnee use. The remodeling has included making the building handicap accessible per ADA requirements. The City has issued permits for the interior remodeling, but the creation of a commercial parking lot has triggered the need for a Commercial Site Plan review . The primary site plan change to accomplish the conversion from residential to commercial use is the addition of a parking lot and new driveway access to the parking area. Staff Recommendation The site plan meets ail requirements of the B-5 Zoning District. The proposed use is an excellent fit for the B-5 District and is a permitted use in the B-5. Staff recommends approval of the Commercial Use and Site Plan, subject to resolv ing the parking lot design and drainage issues. S'our approv at recommendation should be subject to the following conditions: 1. The final design of the parking lot must meet the requirements as specified by the City Engineer, including the installation of curb and gutter to positively direct runoff to its intended end location, avoiding potential negative impacts to adjacent properties. #01-2723 Breu^ Chifx>practic Clinic October 18.2001 PMc2of2------------------------------ 3. The final slormwater management and drainage plans, including a drainage area map and calculations, must be submitted for res ie\k and approval by the City Engineer, and the final stormwater plan must be confirmed as acceptable to the MCWD. All other comments noted by the City Engineer, in the letters dated September 27,200 1 and October 10.2001 must be satisfied, attached to Planning Report. PlawBiBy Commiaaton RecoBiMfdatkMi Planning Commission voted 6 to 0 to approve the Commercial Site Plan to permit the use of the property as a clinic finding the site plan meets all requirements of the Zoning Chapter and is consistent wiili intent of the Comprehensive Plan. COUNCIL ACTION REQUESTED A RESOLUTION GRANTING APPROVAL OF A COMMERCIAL SITE PLAN FOR THE PROPERTY LOCATED AT 3800 SHORELINE DRIVE PER MUNICIPAL ZONING CODE SECTION 10.44, SUBDIVISION 2 FILE NO. 01-2723 WHEREAS, Mark E. Brewer and Barbara L. Brcww (hereinafter the '•applicanls") are owners of Brewer Chiropractic to be relocated to the property located at 3800 Shoreline Drive located within the City of Orono (hereinafter the "City") and legally described as follows: The South 233 feet of the East 150 feet of Government Lot 8, Section 17. Township 117 North, Range 23 West of the 5*^ Principal Meridian, and that part of Lot 1, Block 9, townsite of Langdon Park lying west of a line drawn at right angles to the South line of said Section 17, from a point on said South line distant 1315.97 feet west from the South Quarter comer of said Section 17, which lies south of a line drawn parallel with and 233 feet northof said South line of said Section 17. except road, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have applied to the City for a Commercial Site Plan Review per Municipal Zoning Code Section 10.44, Subd. 2 to permit the commercial use of the property; and WHEREAS, the Orono Planning Commission reviewed this application at a public hearing held on October 15, 2001 and recommended approval of the development plans per the commercial site plan, prepared by Gronberg & Associates by a vote of 6 to 0; and WHEREAS, the Orono City Council makes the following findings in regard to this application: FINDINGS 1. This application was reviewed as Zoning File ^01-2723. Page I of 6 2. 3. The property is located in the B*5 Limited Neighborhood Business District \\hich lists “clinics" as a permitted use in the zoning district. Per Section 10.61, Subd. 10, required ofT-streel parking is approved as follows: Retail “ I stall per each 200 s.f. of net floor area up to 1,600 s.f. net floor area - 200 s.f. = 8 spaces Parking lot design with concrete curb and gutter will promote positive runolT control. The Planning Commission concurred with the City Engineer's recommendation that the runoff should be directed to the northwest toward the planned Hennepin County stormwater pond rather than eastward toward the future City park site, where the existing driveway could be negatively impacted. Hennepin County has issued permits to allow the new access to the property in addition to the east driveway access. The parking lot entrance has be i installed at a 24' width. 11ie County did allow the secondary access to remain open since it was not an access that would be used for conmiercial purposes. The preexisting use of the property was residential use in the D-5 business district, llie proposed commercial use is in conformance with the Comprehensive Land Use Plan and Zoning Code. The signage on the property is limited to 151 s.f. based on the total lineal frontage on Shoreline Drive. The building plans submitted indicate the proposed signage meets the requirements of Section 10.61. The total proposed sign meets the standards of Section 10.61. The sign would be located 10' from the property line and is 17.5 s.f. The building has undergone some extensive interior remodeling by Brewer as part of the conversion of the structure from a ,'csidential use to a clinic/ofllce use. The remodeling has included making the building handicap accessible per ADA requirements. Page 2 of 6 ...........................................—i 9. The Cily Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed use of the property os a clinic/officc building on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono hereby approves the commercial site plan for Brewer Chiropractic for conversion of the residential use of the property to a commercial use subject to the following conditions: 1. The final design of the parking lot must meet the requirements as specified by the City Engineer, including the installation of curb and gutter to positively direct runoff to its intended end location, avoiding potential negative impacts to adjacent properties. 2. The final stormwater management and drainage plans, including a drainage area map and calculations, must be submitted for review and approval by the City Engineer, and the final stormwater plan must be confirmed as acceptable to the MCWD. 3. Drainage to the Hennepin County stormwater pond shall be appro\ed by Hennepin County Public Works. 4. The final grading and surfacing of the parking lot shall not commence until all appropriate approvals by the City of Orono, Hennepin County and MCWD have been received. 5. Authorities granted by this resolution run with the property not with the owners, but are permissive only and must be exercised by obtaining a building permit and completing the parking lot within one year of the date of Council's approval, or this resolution will expire on that date (October 22, 2002). Page 3 of 6 Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of dte 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 propertN, Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 22nd day of October, 2001. ATTEST: Linda S. Vcc, City Clerk Barbara A. Peterson, Mayor Property Ovsners STATE OF MINNESOTA COirNTY OF HENNEPIN The foregoing instrument s^us acknowledged before me on this 22*“ day of October, 2001 by Linda S. Vcc, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 6 ----— STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of -.20. .personally appeared before me. who is personally known to me whose identity I pro\ed on the basis of whose identity I proved on the oath/alTirmation a credible witness and who executed the foregoing instrument, and acknowledged that he/shc/they executed the some as his/her/their free act and deed. Notary Public S l ATE OF MINNESOTA COUNTY OF HENNEPIN On this day of _.20_ jKrsonally appeared before me. who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation a credible witness and who executed the foregoing instrtiment, and acknowledged that he/shelhey executed the same as his/lier/their free act and deed. Notary Public Page S of 6 Exhibit A (FINAL APPROVED SITE PLAN) Page 6 of 6 - : iH. Exhibit A (FINAL APPROVED SITE PLAN) Page 6 of6 Applkatloo Date: 9/18/01 Dcadliae:11/17/01 TO:Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM;Paul Weinberger. Zoning AdministratorTlanner DATE:October 10.2001 SUBJECT:tiOI-2723 Brewer Chiropractic Clinic 3800 Shoreline Drive Commercial Site Plan Reviewr Zoaiag District: D-S, l.imitcd Neighborhood Business District List of Exhibits A Application B I.cncr of Request C Sur\ey/Sitc Plan D City Engineer Letter 9/27/01 E City Engineer Letter lO/IO/OI F Proposed Sign Design G Proposed Sign l.ocalion H I lennepin County Driveway Entrance Permit BricrKcview of Request: Mark Brewer, proprietorof the Brewer Chiropractic Clinic in Mound h is filed an application for a Commercial Site Plan Review to convert the existing non-conforming single family dw elling at 3800 Shoreline Drive into a clinic. “Clinics” arc listed as a permitted use in the B-5 district. No variances arc required. Parking lot design and drainage arc issues to be resolved. Discussion The building has undergone some extensive interior remodeling by Brewer as part of the conversion of the structure from a residential use to aclinic office use The remodeling has included making the building handicap accessible per AD.\ requirements. The City has issued permits for the interior remodeling, but the creation of a commercial parking lot has triggered the need for a Commercial Site Plan review. The Commercial Site Plan review is a process established to ensure the Planning Commission and Council have an opportunity to respond to site plans in the commercial districts in the City. The primary site plan change to accomplish the conversion from residential to commercial use is the addition of a parking lot and new* driveway access to the parking area. The proposed parking lot was partially installed prior to the issuance of permits, and work was stopped by the building inspector pending approval of this commercial site plan renew. •01-2723 Brewn Cliiicpcsctic Oinic 3100 Shoreline Drive I0/IS4)I Pace 10(3 The primary issues are ihc ability to adequately direct runoff without curb and gutter, and the proposed location and direction of the drainage outlet The City Engineer and staff arc recommending that the parking lot be provided with concrete curb and gutter to provide positive runoff control, and that runoff be directed to the northwest toward the planned Hennepin County stormwater pond rather than eastward toward the future City park site, where the existing driveway could be negatively impacted. Drive Location and Access Hennepin County has issued permits to allow' the new access to the property in addition to the east driveway access. The parking lot entrance has been installed at a 24' width. The County did allow the secondary access to remain open since it was not an access that would be used for commercial purposes. SUfT Recommendation The site plan meets all requirements of the B-5 Zoning District. The proposed use is an excellent fit for the B-5 District and is a permitted use in the B-5. Staff recommends approval of the Commercial Use and Site Plan, subject to resolving the parking lot design and drainage issues. Your approval recommendation should be subject to the following conditions, all of which should be completed prior to City Council review of the site plan: 1.The final design of the parking lot must meet the requirements as specified by the City Engineer, including the installation of curb and gutter to positively direct runoff to its intended end location, avoiding potential negative impacts to adjacent properties. The final stormwater management and drainage plans, including a drainage area map and calculations, must be submitted for review and approval by the City Engineer, and the final stormwater plan must be confirmed as acceptable to the MCWD. All other comments noted by the Cit>' Engineer, in the letters dated September 27, 2001 and October 10,2001 must be satisfied. ■01-2723 Brewer Chiropractic Clinic 3800 Shoediae Drive lO/iSAH rafc3of3 oK-yi^'h Applkatioo U ^ ^ ^ l^te Rccthcd~9//g/c/ Amount Paid Jz7 ^ CITY OF ORONO - GENER.\L LAND USE APPLICATION PROPERTY LOCATION Site Address D,'* •V*_____A ____________••_________^ _ i_ _Type of Application to be Filed Property Identification Number (P.I.D.) y-/ 7-// 7- ? ^ - 33 c.oc ‘» t APPLIC.ANT Name Address V7/-?S^«T Phone (home) /5;?- ______ Phone (work) t/72. • City /T•/‘JA’y/)<‘/<‘rA' Zip ^yiV. OWTS'ERCif different than applicant) Name_______________ f Phone (home)__ Phone (work)___ H7Z’7ceS Address tC- <7/Date Propsrty^cquircd ____ _________________________ I (do) (do not)/also own the adjacent parcels of land. FEES - CONDITIONAL USE PER>UTS - ______S 75.00 For each variance request with CUP application ______SI75.00 Residential Accessor>' Use ______S250.00 Institutional (church, school, etc.) ______S225.00 Guest House/Guest Apartments ______S200.00 Duplex Credit'Bldg ______$325.00 Commcrciallndustrial Use S250.00 Land Alteration ____ Grading and filling - designated wetland or floodplain ____ Grading and filling - 501 cu. yd. or more ____ Grading, seawall, retaining walls within 75' of lakeshore ______PRDPID - see Fee Schedule ______SI50.00 Renewal Fee (no change from original application) ______After-ihe-Fact Fee - Double Current Application Fee (month'year) OTHER APPLICATIONS $275.00 Commercial Site Plan Review (+ consultant fees) ______S300.00 Vacation $200.00 Easement Vacation 51 00.00 Easement Vacation With Subdivision ______S350.00 Rezoning (PUD - refer to fee schedule) 5375.00 Comprehensive Plan Amendment S 100.00 Appeals Other - sec Fee Schedule ■U O r->’ W/Q (I .V (n). MarhE. 'Brewer 7021 HalitBodrVrO^ Ml MN 55364 952-472-5483 S€ptemb€r 1^, 2001 0€€U^ Sirs: 9, JAork €, ^rswsr and my wife, l^arbara C ^rawr hws purchased the property at 3800 Shoreline Drive, which Is currently a residence and Intend to convert it to a conforming use in the ^-5 district. <thank you for your time in this matter. Jdarkjs. I^rew^. IJarbara C. ^ihankyoufor I £. Ip^ewer P - T'. ? •J C TC-J .V ! ••• •J J • E. i __________ _ FOR ^ IvlARK brewer — IN GOV'T LOT 8. SEC. 17-117-2:5 & PART OF LOT 1. BLOCK 9. TOV.'NSTE HENNEPIN COUNTY. MINNESOTA /EAST - V .A >ftr At OCtCAMO KC’l •» iC;*4 Mt:»^'«*-t •Ctf t-r sail tea HOUSE 'J-J. \ :| t-r:- % V WEST ry/.j CO4.RDT, NO. ■: 1,5':;:; •f a' ■V. tfli Bonestroo Rdsene Anderlik& |\|| Associates Engineers & Architects September 27, 2001 Paul Weinberger Zoning Administrator/Planner City of Orono Post OfTice Box 66 Crystal Bay, MN 55323 Re: Brewer Site Improvements File No. 139-2723 " * “*•" '* • 0^ ■ Ceo* n • »0B.n G Unu«K«. Pt . ^ l•nlof Co«i»wH«nli; toO*^ W toim« H . joMpn c Anitfi*. n . C IWw Pt • feun u c PA AlleCIM* Plt#K»p.4^ A OordOA . to»*«l I Pt,U,f„. Pt . W roitff PI . OA..d O lOUDK PI . of PI . r«t« P.*44 P{ . P And«f,on Pt . Ma« •«,!.* M . ' If"' * ' *■»■»"«>" »*. ti • Ay.,, M WB A . abao».c, kn«v« PI .tnom,. W P,|,-UP< PI . Jjm,, p Uaurd PI . B PI . t P~:ip n p| . np„,^ . m n ‘ '' • O** ^ lo^tppXT ” Orf»c,»; S» Pau St Cloud lo<r>,it,f and w Hma> WN • W>«aua,,. wi • C>«(aBe. II WkDitlr wwAbonpiiroocom Dear Paul: We have revie^ the proposed site improvement plan for Mark Brewer. The site is located at 3800 Shoreline Drive. The proposed improvemenu include construction of a parking area west of the existing house. We have the following comments in regards to engineering matters. • The plans show two existing driveways to the site near the east and west lot lines. The plans should identify which access will be used. Shoreline Drive is a Hennepin County roadway. Plans should be subtniued to Hennepin County for their review and comment. • The proposed parking area and driveway should be paved and constructed to a 9-ton design as per Citv Standard Detail STR-7. • Concrete curb and gutter should be installed around the perimeter of the parking area. Spot elevations should be noted along the curb and gutter with (low anows to define drainage patterns. • The drawing shows low areas east and west of the site. It appears that drainage could be directed to the east or the west. The applicant should provide information as to where the drainage from the site is being directed and identify off site impacts. • A drainage area map and drainage calculations should be submitted for review. • Details should be provided for the proposed grass swale. At a minimum, a concrete flume at least ten feet long should be constructed between the parking area and the swale. • Plans should be submitted to the Minnehaha Creek Watershed District for their review and comment. • All silt fence should be in place prior to any grading activity. Please contact me at 651-604-4863 if you have any questions regarding this matter. Yours very truly. BONESTROO. ROSENE. ANDERLIK & ASSOCl.ATES. INC. /<rryi Tom Kellogg Attachments Cc: Greg Gappa, City of Orono 2335 West Highway 36 . St. Paul. MN 55113 - 651-636-4600 • Fax: 651-636-1311 BONESTROO AND ASSOC 9 6516361311 10/10/01 14:33 S:01/01 NO:947 tl\t Bonestroo ^■Rosene vv Anderlflc & |\|| Associates Engineers 4 Architects k AMMtnM. Me. II M AmiMMlM Opi•M Omnm* oits <t Mnctifoi. p* . m.«mi l w«Aik ri. om ■ a biM<iu<i. rc c A ioMtppt*, Pi £ 0cnilietl0,200l •*M«| C miimU miu : ■u C wi w taicnc. 1% • C AfitfrfM. rx. # artiurtf c 1UA« p».. kswi at kamn <»a AiiMUia •finctpwi: antn a omA mv *t * B«Wi r rf«ri..‘c Pt • Kiciwa w »«m«. Pt . a rc • Umk K lMAM<v P«. • Mvliari I PC. • Vd L flrW PX • tannetn P A>vlrrwv\ Pf • l*.«* t B n U s Pf • O»<4lAtun«ui0A WfA.« »«f«yPWtt4t»u«< PP I 1 • M MI A. • AdM ».n >flWWI PP' . rpiinwt w PaiMwat. rt • a pp . mipi « irr*p«, rx • l Pidim ai pl • o«uti j ceecneA. af • ImwiH PX. • TNwiwi A S/lko. Pt • I InnntMt • OAa K CtPwp. ftt t Insnvu A MuM PP . ppppn J fHyrtf pf ormai* it paa ii tiou« ■3cn«itr« mj wrnmM. u .n • Mii«A.wt. wi • tnw «qn. ■ tahAiH*: •wwUiiwu/M.torti Paul Weinberger Zofllof Adminiatratar/Pbnner CtiyofOronu Pom Offkc Boi A6 CryeulB^.MN 93323 Rc:Brewer Site Improvemeala FUeNo.l39r23 D cm Piu I: On MotuUy October B. 2001 you and! aloof with Mike Gaflnm and Greg Gan» vuited the site at 3100 Shoreline Drive. The putpoie of the aite visit wu lo review derign and eoostniction issues, in walking the site it beconie apparent that discharging stonn water to the eau would or could hnpaicl the tow lying areas along tha taut aide uf the existing budding. Further, the existing drtch along the eaM lot lint did not appear to have an outlet. It appears that discharginf water easterly from tl»e site could have odverM impacts to the subject property and to the site immediately to the east In our comment lener dated September 27,2001 we esked for iddiiional informntion os to where drainage from the site vros being directed and identify ufT site impicts. At the lime of ihU writing we have not reecived the information requested. 1 was informed during our site visit on Monday ihit Hennepin County plans to construct a water quality pond on their property immedieicly north and west of the subject property. 1 wu also Infoimed that Hennepin County had agreed to allow drainage from the lubject property to be discharged into their proposed pond. As wc looked at the proposed Hennepin County ponding area ralotive to the subject properly, it appeared that the existing topagrophy would allow for the construction of a swale or storm sewer to convey storm water from the subject property to the proposed ponding area. In our Opinion it miku the most sense to route Morm water to a defined ponding area. In this cue wc recommend the plans be revised to provide a swale or storm sewer to direct storm woUr northerly lo the Hennepin County site. Wc recommend the developer work with Hcnticpio County to obtain the necessary casements and approvals to accomplish this. If you have any qtiesiioos pteau call me at (6SI) 6044863. Yours very liuly, BONESTROO. ROSENE, ANDERLIK A ASSOCIATES. INC /a?ft Tom Kellogg Attachments Cc: GregOappa.Ci7ofOTono •‘imm /I (X-» Ur' bREWEr CHIROPRACTIC C FUTURE TEWWEWT C FUTURE TEWWEWT C FUTURE TEWWEWT ) 6m^»(Z(9) 9^ NN^nONOI lW7MMn019 steisi^iQgr=r-o" \ \ — CAf^oP'j iiOHTS y ■T1 5F? I 4 i!UUI HENNEPIN COUNTY Traraportation Dtpartmanl 1600PrairwOm«-M«din«.MN S5340-S421 Ptm4N0 4551 H •«UmapMMby CITY Ur OrtOA/o ^ DRIVEWAY OR STREET ENTRANcfpERMIT AND SPECIAL PROVISIONS Oav« Zattarttfoo________________________________________dm _9/5/OL 115 3300 Shore!Int Dr SpMdzon*.AOT. Ntarttf Ciou Sirtal (tf Mra*. SghtdManoi Actual-UIU MMwnum • Lall. .RpM. .RpM. Cufto to ba wnowatf to 01 ConitnKtioa Jaw OSawadJotnl Rtoenwnafidad drainaga fil Suffaca □ CuWart Cutwart length 1 CONSTRUCTION SPECIFICATIONS (WWwiR^ht-of Wajr) !^CL5t,u1v »L£2DC ““ o.»_iLi!iiL_ owh-s::------- Cuivcitdtamator. Existing n>nw. CUv Depth. BIVD - DITCH Toptoa_____ Depth______ a TRAFFIC CQNTROt, ftPOUIREMENTS PlstE 12 Or #3 IS nEEtldd 3 SPECIAL PROVISIONS One 24' wide driveway widening permitted as sketched. DO NOT PLACE CONCRETE ON COUNTY RIGHT-OF-WAY WITHOUT WRIHEN PERMISSION. IF YOU HAVE ANY QUESTIONS, CALL (763) 745-7643. A OMffrMnS R/W IMPORTANT TYFf-. -CONSTRUCT BOUNDED BERM TO IMfORTANT: CONSTRUCT SINALl TO DIVERT WATER f ROM iwruHi.* -- --------------------------------------- SHOULDERPREVENT WATER FROM RUNNING DOWN DRIVE Em>$tin« RMdwty Ptoca nihwt In aainMia *Uh Final Inspection data. Driveway was found to be □ SaUsfbdory □ Unsatisfactory _________________________ APPROVEOM^ HENNEPIN COUNTY Transportation Dept . By____^ y- ll Ot Applicatloo Dale: 10/S4H CompIrlkMi Dale: lO/S/OI M Day DeadUoe: I2/4AU REQUEST FOR COUNCIL ACTION DeparUnenl Approval: Name Wendy Bonenberg Tllle Zoning Adminsiralor Planner COUMrn mceTINO OCT 22 2001 CITYOFOflONO DATE: 10 IS 01 ITEM NO.: !U Agenda Seclioo: Zoning liem Dcscriplion: HOI-2725 Robert Houclls 1423 Park Drive Variances Zoning Dislrici: Lot Area: LR-IB 37.479 s.f. One Family Lakcshorc Residential District (I acre) (.86 acres) Uit ofExbibiu: A Resolution B SlafT Report and Bxhibiu of 10/15/2001 Application Summary: The applicant owns the subject property and is requesting a lot width variance and att accessory building variance to construct a new residence on the lot. The e.xisling residence tliat was built in 1956 will be demolished. A lot width variance is required due to the lot being 101 feet at the shoreline and 106 feet wide at the 75* setback where 140' is required in the LR-IB zoning district. An accessory building variance is required because Orono zoning code docs not permit an accessory building on a property w ithout a principal structure. Currently there is an existing accessory building (detached garage) in the 250-500' setback area which will be on the property without a primaiy structure. Ilte applicants have submitted building plans for a new' residence and the detached accessory building will remain. I. Section 10.24, Subdivision S (D): Lot Width: The lot is 101 feet wide at the shoreline and 106 feet at the 75 ’ setback where 140 feet is the minimum lot width for the LR-1B zoning district for new construction. 2. Section 10.03, Subdivision 9: (Accessory' Buildings): No accessory buildings or structure shall be consuiictcd on any lot prior to the time of construction of the principal building to which it is accessory. PLANNING COM.MISSION: The Planning Commission recommended by a 6 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 VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) AND SECTION 10.03, SUBDIVISION 9, FILE NO. 01-2725 WHEREAS. Robert T. Howells and Elizabeth A. Howells, (hereinafter "the applicants") arc the owners of the properu- located at 1423 Park Drive within the City of Orono (hereinafter "the City") and legally described as follows: Lots 4 and 5. Block 15. Saga Hill Revised in adjacent vacated Lafayette Avenue and in vacated Forest Boulevard. Hennepin County. Minnesota (hereinafter “the property”); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.24, Subdivision S (B) to permit new residential construction on a lot that islOI feet wide at the shoreline and 106 feet wide at the 75' setback where 140 feet is required and Section 10.03, Subdivision 9 to permit an accessory structure on a lot w ithout a principal structure. WHEREAS, after due published notice and mailed notice in accordance witli .Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on October 15. 2001. at which time all persons desiring to be heard concerning this application were given the opportunity to spe.ik thereon Minnesota: NOW. THEREFORE, BE IT RESOLVED by the City Council of Orono. 1. 2. FINDINGS This application was reviewed as Zoning File #01-2725. The property is located in the LR-IB Zoning District, where 43.500 s.f or I acre is the minimum required lot area. The property consists of approximately 37.479 s.f. or .86 acres. Page 1 of7 3. The Orono Planning Commission reviewed ihis application on October 15,2001 and recommended approval of the proposed \ ariances based upon the following findings; A. 'I he property has been developed with a residential use since at least 1956. B. The site plan indicates tlie proposed setbacks 10’ to the side property lines and the house would be outside of the 75* lakeshorc setback. The entire house would be located approximately 175' i.'oin the lakeshore. which meets the intent of the Comprehensive Plan for new structures. C. The lot can be developed w ithout the need for further variances. D. The detached accessory building is in good structural condition and is just 0.4' short of meeting the required 10' side setback. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances will not adversely alTect tralTic conditions, light, air. nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to tlte applicants, but is necessary to alleviate a demonstrable hardship or dilTiculty; 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. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments b\ the applicants and the effect of the proposed variances on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.24. Subdivision 5 (B) to allow new residential construction on a lot that is 101 feet wide at the shoreline and 106 feet wide at the 75' setback where 140 feet is required and Section 10.03, Subdivision 9 to allow an accessory* structure on a lot without Page 2 of7 a principal structure. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and Cit>’ Council review. 2. Authorities granted by these variances run with the property not with the applicants, but are permissive onl> and must be exercised by application for a building permit w ithin one year of the date of Council approval, or these variances will expire on that date (Ocloter 22.2002). 3. Violation of or non-compliance with any of the terms and conditions of these variances shall constitute a violation of the zoning code, shall automatically temiinate any authority granted herein, and shall be punishable os a misdemeanor. 4. The undersigned applicants liave read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, suceessors and assigns, hereby agree to the reeording of this resolution in the Chain ofTitle of the property. Adopted by the City Council of the City or Orono. Minnesota at a regular meeting held on the 22nd day of October. 2001. ATTEST: Linda S. Vcc. City Clerk Property Owner (s) STATE OF MINNESOTA ) ) ss. Barbara Peterson. Mayor Page 3 of? 1 COUNTY OF HENNEPIN ) The foregoing instrument uas acknowledged before me on this 22nd day of October, 2001 by Barbara Peterson and Linda S. Vee. Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY 01 HENNEPIN ) On this day of. for said County, personally appeared 2001, before me a Notary' Public within and know n to me to be the person(s) described in and who executed the foregoing instrument, and aeknow 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. and for said County, personally appeared. _, 2001, before me a Notary Public within 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 of7 STATE OF MINNESOTA COUNTY OF HENNi:iMN The foregoing instrument was acknowledged before me on this 22nd day of October. 2001 by Barbara A. Peterson. Mayor of the City of Orono. a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COT^NTY OF HENNEPIN The foregoing instrument was acknowledged before me iin this,day of October. 2001 by Linda S. Vee. City Clerk of the City of Orono. a Minnesota municipal corporation and said instrument was executed on behalf of the Citv Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of..20 personally appeared before me. ____ who is personally known to me ____ whose identity I proved on the basis of. whose identity I proved on the oalhafllrmalion of. a credible witness and who executed the foregoing it.strument, and acknowledged that hc/shc/lhey executed the same as his her their free act and deed. Notary Public Page 5 of? STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of..20 personally appeared before me. ____who is personally known to me ____ whose identity I proved on the basis of. whose identity I proved on the oath/affirmation of. a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Page 6 of? It, I \'7V> • .t I Page 7 of 7 5 ^ TO: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg, Zoning Administrator/Planner DATE: October 12,2001 SUBJECT: «01 -2725 Rob Howells 1423 Park Drive Variance - Public Hearing Zoning Dbtrict: LR-IB One Family Lakeshore Residential District (I acre) Lot Area: 37.479 s.f (.86 acres) Lht of Exhibits A Application B Sur\ey C Applicants letter (Detached garage) D Floor Plans/EIcvation Views E Hardcover Calculations F Location Map G Property Map H Property Owner's List Pertinent Code Section: 1. Section 10.24, Subdivision 5 (B): Lot Width: The lot is 101* wide at the shoreline and 106’ wide ul tlic 75’ setback where 140’ is the minimum lot width for the LR-lB zoning district for new construction. 2. Section 10.03, Subdivision 9: (Accessory Building;); No accessory buildings or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accesory Application Summary: The applicants are requesting a lot width variance to construe: a new residence on the lot. The existing residence that was constructed in 1956 will be removed. A demolition permit had not yet been obtained as of this writing. A lot width variance is required due to the lot being 101' wide where 140’ is required in the LR-1B zoning district. The lot is approximately .86 acres and the minimum lot area requirement is I acre. A lot area variance is not required to construct a new residence, because the lot meets 80^/o of the required area per Section 10.24, Subdivision 5(B). HO I-r 25 Rob Howtlls H23 Park Drivt Varirmc* 10/12/2001 PagHt An accessory building variance is required because Orono zoning code does not permit an accessory building on a property without a principal structure. Currently there is an existing accessory building (detached garage) in the 250-500’ setback area, that will be located on the property without a primary structure. The applicants have submitted building plans for a new residence and the detached garage will remain. (Also applicants letter-Exhlbit C). The applicant did provide a drainage plan. The plan was forwarded to the City engineer for comments. As of writing this report comments have not yet been received. This lot is a lakeshore lot and is sewered. Statement of Hardship ; This is an existing lot which was platted prior to current zoning standards. Issues for Consideration ; 1 The lot was platted prior to current zoning requirements. 2. A residence exists on the property. 3. The proposal meets requirements for structural lot coverage, hardcover requirements and yard setbacks. 4. The detached garage is in good structural condition, and is nearly confomilng in location, just 0.4' short of meeting the required 10' side setback. 5. Other issues raised by the Planning Commission. Staff Recommendation ; Staff recommends approval of the lot w idth variance and the variance to allow the existing detached garage to remain. To obtain a building permit the new residence must meet all setbacks, hardcover and structural lot coverage requirements. Mh2725 Rob HonelU 1423 Park Drivt yarianca 10/12/2001 Page 2 ANALYSIS WORKSHEET LR-IB Lot Area Lot Width Required 1 Acre 140* Actual .84 Acres lor Hardcover Calcubtioos Distance from shoreline Total area in setback Allowed hardcover Proposed hardcover 0-75*7,616 s.f.0s.f.0 s.f. (0%)(0»o) 75-250 ’20.345 s.f.5,086.25 4,026 s.f. (25%)(I9.7V%) 250-500 ’9,518 s.r.2,855.4 s.f.2,807s f. (30%)(29.49%) Structural Coverage Total Lot Size Total Structural Coverage Percentage 37.479 s.f.Proposed: 4.193 s.f.11.2% CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original applkaiion) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) AppBcatlon O OI-21ZS Date Received~~V/»/tf/ ~~ Amount Paid x2.srCS PROPERTY INFORNUTION- Site Address /i/Sl3 Property Identification Number (PriTp.) ^ 7^ aa/9 Attach legal description to application if not included on required survey. Date Property Acquired ___________________________ I (do) fflo also own the adjacent parcels of land. Present use of property: X residential ___other (specify)_________ Zoning District:________________ _(month/ycar) APPLICAN Name Address f ^ it // Phone (home) ^6'^ '^3 /“/-?O ^ nohetJ M/^UJje//<______ Phone (work) -76 City: ZiD:rjrW2 0\WER (if different than applicant) Name s AddfcsF/^JJPM /iU AOfrH 4/0/^ })ou) CL Phone (home) _____ Phone (work)_ City: ri u AOirr^ flou) CLis DESCRIPTION OF REQUEST Estimated Construction Cost $_ Describe request in detail: Zip: (attach additional sheets if necessary) VARIANCES REQUIRED ____Lot Area ___Lot ^^^dth ___Hardcover ___Lot Coverage Setback:Front Side Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty- or unusual property conditions preventing compliance with Zoning Code requirements:______________________________________ (attach additional sheets if necessary) ry^ i FOREST 03«.4 CONTOm LtC LAKE CERTiriCATE OF SURVEY FOR ROB HOWELLS OF LOTS 4 & 5. BLOCK 15. SAGA HILL REVISED IN ADJACENT VACATED LAFAYETTE AVENUE AND IN VACATED FOREST BOULEVARD HENNEPIN COUNTY. MINNESOTA R»20.00 A=21*2V 21 L-7.45 ircAi oc'yrftipTiw or pocmisc^ ; Lots 4 ond 5. DiocW 15. “So«]0 Hill. Revised. Hennepin County. Uinnesoto". T' Avenue, vocoted. descr.beo .s follows Oeij.nninn ot the Sootheoster y corner of Lot . DIock 15. Soqo H.ll Revised. Hennepin County. UinnesolQ-; thence Southwesterly olonq the Southerly ' Southwesterly corner of said Lot 7. Block 15. thence Southerly o d'S once of 12 »eet ll’e ' 2!i Lot 7 evtended. thence Southeosterly to the Costerly line of soid Lot 6 eitended to 0 PO'"| onl of the Southeosterly corner of soid Lot 6. thence Easterly to the Eosterly line of said Lot 5 eetended to o ® ’I®"* 45 feet Southerly of the SootheosterIy comer of said lot 5; thence Noriheosterly to the point ®' * between the e«tensions ocross it of the Northeosterly line of soid Lot 4 ond the Southwesterly line of soid Lot 5. ^ Also thot port of vocoted Forest Boulevord os dedicoted in the plot of "Soqo Hi 11 Revised. ^e“'’i?aoa'H?n° " which lies between the Northwesterly evlensions ocross it of the Northeosterly line of Lot 4. Block 15. Sogo Hill Revised. Hennepin County. Uinnesolo^ ond the Southwesterly line of soid Lot 5. o : denotes iron mrirker (9046): denotes eaisting spot elevotion. rneon sco level dolim ..... 917- : denotes evistmg contour line, ineon seo level dutun -----j2Z)----- ** tthffr-4fZ tj g4^.Cf S nfAt€»-t^r S 9f0,ff Beorings shown ore bosed upon on ossuied dotun This survey intends to show the boundories of the obove descr ibed proper ly. ‘1'® '®®?**®® ®|,®® house ond goroge. ond the proposed location of o proposed house thereon. It does not purport to show ony i4:«e*cu •CvrwoM OAIC USCSWICN >•N GRONBERG 4 ASSOCIATES. INC. Ml rrMii !•£ mil Off flllifli ■AS rMeAMO sr K CM teu* m bwict UM*wioi ttc iMAi 1 AM A Mr icnnco eeortsvoMM. ucMia a<o iaw SMKS MU M uas • M SlA« « WMSOIA V4.A4.1 r-30* BMWM i#*> ••f OAlt 0-17-01 ECO 1“V •^LOW ML lOMC LAKE. SM 5M46 ^ 95?-47i-4l4lV.joe M QI-.SM FORES r LAKE ROB HOWELLS OF LOTS 4 it 5, BLOCK 15, SAGA HILL REVISED IN ADJACENT VACATED LAFAYETTE AVENUE AND IN VACATED FOREST BOULEVARD HENNEPIN COUNTY, MINNESOTA \ most . V VV o -20.00 =2r2V21 =7.45 LCCAL 0C*SCRIPTI0N OT \ Lots -I and 5. Block 15. "Soqo Hill. Revised. Hennepin County. Minnesoto". TOCETHCR r.”; 2|'?.rc2! of the Soulheoslerly corner of sold Lot 6; thence Eosterly to the Easterly line of soid Lot 5 eetended to a P®'?* ** f*®"* 45 feet Southerly of the Soulheosterly corner of soid Lot 5; Ihence Northeosterly to the point of beginning, which lies between the eitensions ocross it of the Nor theoster I y line of sojd Lot 4^ond Soothes teMy^m* ‘•®* ^“§oiAlso thot port of vocoled forest Boulevord 9* d«4ico'ted in the^plot of_”Sogo Hi jj Revised^ which*ITes*"between the Northwesterly evlensions ocross it of the Northeosterly line of Lot 4, Bloch 15. Revised. Hennepin County. Minnesoto" ond the Southwesterly line of soid Lot 5. denotes iron marker foc^6):mean sco level dofirn .. 9J7- - —.S^ denotes evisting spot elevotion,• •• denotes eaislmg contour line, iiwon seo level dutun « '• •• Oeorings shown ore based upon on ossaied dutun This survey intends to show the boundories of the obove described property, house ond qoroge. ond the proposed locotion of o proposed house thereon, it other ifinifovtiienls or cncroocfii^-nts 0 carter r /f rv# Ut.t -* - 9€0.0 the location of on existing does not purport to show any UUIU*4U MVISON OAlt uscuwroN 1 -WaST ECO OCCXIO lf>U GGRONBERC & ASSOCIATES. IRC. comttc (luar^ i*o sunt toss, stl hwitss 445 N mum Oft. LONG LAKt. IM 5UM 9bJ-4;3-4l4l I uHtei uDUl iH*i im i\*H jnc#c«iow cm «uon mki IWieMKO or U CM u«H ur CMtCf SlMtevOON MO nur I «M k our ictwuo mortssoMM. imcmih mo imo Sirrtrui IKU hC uas « K SUIt « WMUt* IM UINSt (■ yitrx. tOk H6 Ot-325 Ot-325 1Ti ,r I -/c-CV r October 8.2001 Ntr. P«il Wetnbcrger/Orono City Planning Commission City ofOrono P O Box 66 Crystal Bay. NIN S5323 Dear Mr. Weix4>cfger and Planiung Commisson, In accordance with Mr. Weinberger's memo dated September 27,2001,1 providing a written statement requesting approval to maim^ the existing detached garage in cor^nction with our plans for new construction on the property located at 1423 Park Drive. Mound, MN. S5364 The currcm two-car garage is structurally sound and will be painted to blend in with the exterior of the new dwelling. Thank >'Ou in advance for considering this request to maintain the existing detached garage as plans are approved for new construction Please reference Zoning Application #01-2725. Sincere!:Sincer^ . Robert Howells .... ..s,..;:.:, •. p' I' - t €/{%r cihE i 1 -* 1 ^OtS ^CCU^ CCS ------ HARDCOV ER C;U.CLLA1 lUiN WUKlkbtlEl!.! * SETBACK ZONE; (CERCLE ONE) 75-250* 230*500' ?- e n-o/ 500*1000' EXISTING H^RDCONTR IN ZONE A. H oum ____________ LfH(J B. Oante ‘ C: Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric O. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A. _____________ + B PROPOSED HARDCOVER IN 70NE A. House L«n|M B. * daraie C. Driveway D. Sidewalk E. Patto/Deck F. Landscape Underlain By Plastic Or Fabric O. Other #2 TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ♦ B2YBS WidA X 100 • WidA SF. S.F.* SF. S.F. S F. S.F. SF. S.F. SF. S.F. ?F- S.F. S.F. S F. % S.F. SF. S.F. S.F. S F. S.F. S.F. S F. S.F. SF. S F. S.F* . SF. S.F. S.F.* X 100 w S.F. Q % /^OCu€€Cr ------- HARDCOVER CALCULAliUiN WUKK&Hl!>l!.i' ‘ StTBACK ZONE: (CIRCLE ONE) 0-7S* 250-500’500-1000* EXISTING HARDCQ\TR IN ZONE A. H ouk • _____________ *. L*njJ» B. Cirafc * C: Driveway D. Sidewalk a E. PaUo/Oeck F. Landscape Underlain By Plastic Of Fabric G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A-_____________B PROPOSED HARDCOVER IN ZONE A. House ___ Lcflftn B. Carafe C. Driveway D. Sidewalk E. P^i^DeckJ. F. Landscape Underlain By Plastic Of Fabric G. Other 1£±1£^ nu /z:>^ __________ X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE J /■io-' O ) widia . S.F. S.F S.F. S.F. S.r. .S.F. S.F. [s.F. S.F. ’S.F. S.F. .S.F. S.F. X 100 - S.F. S.F. % 3osz S.F. Width S.F. S.F. S.F. ZSo SF. S.F. J2 0 S.F. ______S.F. S.F. fSa S.F. S.F. S.F. S.F. X 100 - S.F. • 20.9 VS S.F. /9. *79 % r HARDCOVER CALCLLA'llUiM work smkki ' StTBACKZONE: (CIRCLE ONE) 0-7J* 7S-250* ?-/>- 500.1000* EXISTTXG HARDCONTR IN ZONE A. House ___ ______ WidA S F. S.F. SF. B. Ovate C. ' Driveway S.F. S.F. 0. Sidewilk SF. SF. E. Pado/Deck S.F. S F. F. Landscape Underlain By Plucfc Of Fabric S F. SF- S.F. G. Other total hardcover in ZONE TOTAL PRO.='ERTY AREA IN ZONE A • _ _ _ _ _ _ + B X 100 - SF. SF. % PROPOSED HARDCOVER fN 70NT A. House LtniCi WieUt B. dva|e C. Driveway D. Sidewalk E. Pvio/Deck F. LaadKape Underlain By Plastic Of Fabric S.F. S F. S.F. 21^ 2270 S.F. S.F. S.F. S F. S F. S F. S F. S.F* . S.F. O. Other A ‘ /. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A :_____________ + B _X 100 - 2807 S.F.’ A S.F. B ft • 1 J TXIS INO CM h. i MO OAX oFom oil 0 w •ATSBI OHl 1 - HI ••I • _• •, ieem'sT SCNRBTINt C i / ■T« . ^ ^keview . • EASTUaST . ?.;•* V. i j* ____________ 3 ;Red I . Oak V Golf S/7 Course —/1AP 61 Av's:'*^ *' I Jennings Bay .V;." Course wf ST MiuicM no SI— aco 0 WaodU%4-. ./Al:!^2' Non I Forest l*^ls”V' ■MMOWEBUSytl DAHL HOsLrr^^ •• ' ■ A V: *)■ ^ Skogsberg Point ! \Arm .* A .\\ \:. * • ' ’•* •'• ■ • II^f ORONO^- V J600 Arm Sbad ood Point DEERINO ^IcgISU\ND Fagerness Point iPiet/^ »>fcOT«DAlU f—V Crysta )l^0M\ V A V10 HO o •UN DATC BATCH SU M •T'lir-ZS B2 MIS ••OP ADDR tlAZZ PARK DR OMNER NANC R 0 I II L STAPFANSON TAKPAVER RANDAU t NARIE S1AIFANSON riAm/ADOR 1AZ2 PARK DR nOUNO HN 5SSM HENNEPIN COUNTY PROPERTY INPORNATtON SYSTEM PROrCRTV OWNERS LIST SR R7>i:7-2S A2 ••!« •1AA2 PARK DR 6 L SCHULTZ ETAL 6E0RCC L SCHULTZ 1%AZ PARK DR nouNO rm sssm REPORT NO. PlASSRRl PAM 4 SR •7-117-2S 42 RRIS R14A2 PARK DR LUCILLE 0 KUTZ LUCILLE 0 KUTZ 1442 PARK DR NOUNO UN SSS44 PROP ADDR OWNER NAME TARPAYER IIANC/ADDR PROP ADDR OWNER NAME TAXPAYER MANE/ADDR PROP ADM OWNER NANI TAXPAYER NAHE/AOOR SR 07-117-2S 42 M16 014RS PARK OR F t K SHEARER FREDERICK J SHEARER I4RS PARK DR NOUNO NN SSS44 SR R7-117-2S 42 R014 •142S PARK OR R T HOWELLS RORERT T IKMELLS 142S PARK OR NN 5SS44 SR 07-117-2S 42 0022 •145S PARR DR ■ A BENTROTT t R S BENTROTT BRENT A I KATIRIYN S BENTROTT I4SS PARK DR SB 07*117-23 42 0017 01415 PARK DR J D SILLERUO I N A SILLERUD JONATHAN D B NORA A SILLERUD 1415 PARK M MOUND NN 55S44 SB 07-117-2S 42 0020 01435 PARK DR MICHAEL JOHN KELLEN MICHAEL J KELLEN 1435 PARK OR NOUNO HN 55344 SB 07-117-2S 4S OOIS 01444 PARK DR F J HARDIN III B C A HARDIN F J HARDIN III A C A HARDIN 1444 PARK M SB 07-117-2S 42 OOIB 01415 PARK PR J 0 SILLERUO 0 N A SILLERUD JONATHAN D I NORA A SILLERUO 1415 PARK DR NOUNO NN 55344 SR 07-117*23 42 0021 01447 PARK DR P J SCIIIENOER OMR PAIN P J SCNLENOER I N R PALM 1447 PARK OR NOUNO HN 55344 SO 07-117-2S 4S 0027 0144B PARR DR 0 B ERICKSON 0 L B ERICKSON DAVID B B LAUREL B ERICKSON 144B PARK DR 10 I;- OCl 2 Appliralion Dale: 9/19/01 Completion Dale: 9/19/01 60 Dav Deadline: 11/19/01 REQUEST FOR COUNOL ACTION Department Approval: Name Wendy Uottcnbcrg Title Zoning Adminsiraior/Planncr gjYV OF ORONO DATE: 10/18 01 ITEM NO.: /7 Agenda Section: Zoning Item Description: /MH-2727 Joseph and Mary King 142 Chevy Chase Drive Variance Zoning District: Lot Area: R-l A One Family Residential District (1 acre) 29.250 s.f. (.67 acres) List of Exhibits: A Resolution U Stall" Report and Exhibits of 10/15/2001 I. Section 10.20, Subd. 5(B): Lot Area: The lot is 29.250 s.f. where 43,560 s.f is the minimum lot area for the R-l A zoning district. Application Summary : The applicants own the subject property and arc requesting a lot area variance to construct a new residence on the lot. The lot is approximately .67 acres and the minimum lot area requirement is I acre Discu.ssion: fhe applicants own the subject property and arc requesting a lot area variance to construct a n' v residence on the lot. The size of the proposed residence is 4.380 s f. (14.9" o) meeting the 15“ o structural coverage for the lot. I lowever, there is an existing in ground pool on the property. Orono lot coverage ordiiuince adopted in February . 1990 states that pool, including pool basin and associated deck or patio areas shall be included in the calculation of “lot cox erage by structures.” Ihe square footage of the new residence and the in ground pool total 6.790 s.f. (23.2"o). fhe applicants ha\ e through their architects submitted a letter stating their intent to remo\ e the ptK)l when the current residence is demolished. There h2> been some discu.ssion as to whether this ordinance provision is appropriate for in ground pools which do not have visible structural bulk above ground. City staff is bringing this aspect of the structural lot cov erage ordinance to a work session with the Plaiming Commission on November 7. 2001 to rev iew for possible amendments. Because this proposal includes an in ground pool and the revisiting of the associated ordinance won’t take place until November, the applicants have decided at this time to apply only for the lot area variance. They have stated with lot area variance approval, they will remove the pool when the existing residence is demolished. But their thought is, if the ordinance regarding in ground pools is revised so that pools and their patios won’t be calculated in structural lot coverage, they will be able to keep the pool and begin construction on the new residence. However, they will then have an accessory structure without a principal residen 'c. Normally a variance for this would need to be H applied for and approved prior to consiruciion of the new residence. To avoid the necessity of the applicants having to appear again if the ordinance is changed, the Planning Commission approv al recommendation uns for a lot area variance and to permit the accessory structure to conditionally remain without principal structure. The condition is that upon house demolition, the pool shall be removed unless the code has been revised to exclude pools and their patios from the lot coverage calculation. PLANNING COMMISSION: The Planning Contmission recommended by a 6 to 0 vote to: Approve the application as noted above. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10^0, SUBDIMSION 5 (B) FILE NO. 01-2727 WHEREAS, Joseph A. King and Mar>' »M. King. (hcreinaAcr "the applicants") are the owners oflhc property located at 142 Chevy Chase Drive within the City of Orono (hereinafter "the City") and legally described as follows: I.ot 10 and the South half of Lot 9, Block 2. Hill O'Way Manor. Hennepin County, Minnesota (hereinafter “the property”); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.20, Subdivision 5 (B) to permit new residential construction on a lot that is 29.250 s.f in area where 43.560 s.f is required WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on October 15,2001, at whidi time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW. THEREFORE. BE IT RESOLVED by the City Council of Orono. Minnesota: 1. 2. FINDINGS This application was reviewed as Zoning File #01-2727. The pfpperty is located in the R-1A Zoning Distri :t. where 43,560 s.f. or I acre is the minimum required lot area. The property consists of approximately 29.250 s.f or .67 acres. The Orono Planning Commission reviewed this application on October 15.2001 and recommended approval of the proposed variances based upon the following findings; Page I of7 -•-‘i-aajftnewra: A. B. C. D. E. The property has an cxisling residence on the property. The lot is provided with sanitar>' sewer. The proposed ciev«*lopment would conform to yard setback requirements. The proposed residence meets the allowed 15% structural lot coverage. The lot is similar in si/e to most other lots in the neighborhood. ITie City Council finds that the conditions e.xisting on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances will not adversely affect traffic conditions, light, air. nor pose a fire hazard or ther danger to neighboring propert) ; would not merely serve as a convenien to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variances on the health, safety and welfare 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 10.20, Subdivision S (B) to allow new residential construction on a lot that is 29.250 s.f. in area where 43.560 s.f. is required. Approval is subject to the following conditions: 1.llie in ground pool shall be removed when the existing residence is demolished, unless prior to such demolition the suiictural lot coverage ordinance which includes in-ground pools as structural coverage is amended to not include pools and their patios as lot coverage. Page 2 of? r 2. Variance for accessoi>- structure without principal structure is hereby approv ed but shall only be cfTective if the ordinance is amended for structural lot coverage to no longer calculate pools and their patios as lot coverage. 3. Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 4. Applicant is advised that because the proposed residence uses the 1 5% structural lot coverage allowance, future additional structure on the property is unlikely to be approved. 5. Authorities granted by these variances run with the property not with the applicants, but arc permissive only and must be exercised by application for a building pennit w itiiin one year of the date of Council approval, or these variances w ill expire on that date (October 22,2002). 6. Violation of or non-compliance with any of the terms and conditions of these variances shall constitute a violation of the zoning code, shall automatically terminate any autliority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicants have read, understood and hereoy 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 properly. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 22nd day of October, 2001. ATTEST: Linda S. Vcc. City Clerk Barbara Peterson. Mayor Property Owner (s) Page 3 of7 STAl K or MINNUSOTA ) ) ss. COUNTY OIIIENNEPIN ) The foregoing inslrumcnl was acknowledged before me on ihis 22nd day of October. 2001 by Barbara Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono. a Minnesota municipal corporation and said instrument wus executed on behalf of the City. Notary Public STATF OF MINNESOTA ) ) ss. COUNTY OI IIENNEPIN ) On this day of. for said County, personally appeared _. 2001, before me a Notary Public within utid ___________known to me to be the pcrson(s) described in and who executed the foregoing instrument, and acknow ledged that he llhcy) e.xecuted 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 r^peared. known to me to be the person(s) described in aiul who executed the foregoing instrument, and acknowledged that lie (they ) executed the same as his (their) free act and deed. Notary Public Page 4 of? STATE OF MINNESO FA COUNTY OF HENNEPIN The foregoing instrument was acknow ledged before me on this 22nd day of October. 2001 by Barbara A. Peterson. Mayor of the City of Oix>no. a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this.___day of October. 2001 by Linda s" Vec, City Clerk of the City of Orono, a Miimcsoia municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of.,20 personally appeared before me, ____ who is personally knowu to me ____ whose identity I proved on the basis of. whose identity I proved on the oath/alTirmation of. a credible witness and who executed the foregoing instrument, and acknowledged that he/shc/they executed the same as his/lier/their free act and deed. Notary Public Page 5 of? STATE OF MINNESO l A COUNTY OF HENNEPIN On this day of..,20_ personally appeared before me, ____who is personally knov^Ti to me ____whose identity I proved on the basis of. whose identity I proved on the oalh/afnrmation of. a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed Notary Public Page 6 of? TO: Chair Mav^n and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg. Zoning Administrator/Planner DATE: October 12,2001 SUBJECT: «01-2727 Joseph and Mar> King 142 Chevy Chose Drive Variance - Public Hearing Zoning District: R-l A One Family Residential District (I Acre) Actual Lot Area: 29,250 s.f. (.67 acres) List of Exhibits A Analysis B Application C Revised letter from applicant D Intial letter from applicant regarding proposal E Site Plan/ Survey F Floor Plans G Elevations II Location Map I Plat Map J Property Owner’s List Pertinent Code Sections 1. Section 10.20, Subd. 5(B): Lot Area: The lot is 29,250 s.f. where 43,560 s.f is the minimum lot area for the R-l A zoning district. Application Summary: The applicants own the subject property and ore requesting a lot area variance to construct a newr residence on the lot. The lot is appro.\imatelv .67 aaes and the minimum lot area requirement is 1 acre. Background: The applicant ’s initial proposal was more e.xpa.nsive than the plan now in front of the iManning Commission. After review ing the application, staff discussed structural lot coverage on the lot with the applicant, explaining that structural coverage on the lot was increasing and was already over the allowed 15% by city code. The applicant decided to go forward with the plan but with some modifications. The si/e of the proposed residence was downsized to 4,380 s.f (14.9®/b) meeting the 15® b structural coverage for the lot. However, there is an in ground pool on the property and it remained part of the plan. Orono city ordinance adopted in February 26, 1990 states pools, including poo! basin and associated deck or patio areas, regardless of whether such pool basin, deck, or patio is enclosed with a fence shall be included in the calculation of lot coverage by structures. The proposed residence, pool and deck total 6,790 s.f (23.2®/4). There has been some discussion as to whether this ordinance provision is appropriate for in ground pools which do not have visible structural bulk al'ove ground. City staff is bringing this aspect of the structural lot coverage ordinance to the November, 2001 Planning Commission meeting to review for possible amendments. ltOI-2?27Jo€d Alary King 142 Chfvy Chase Drive IFmcara AtS 55391 Page! Because this proposal includes an in ground pool and the revisiting of the associated ordinance u-on’t take place until November, the applicants have decided at this time to apply only for the lot area variance. They have stated with lot area variance approval, they will remove the pool when the e.xisting residence is demolished. (Exhibit C). But their thought is. If the ordinance regarding in ground pools is revised so that pools and their patios won’t be calculated in structural lot coverage, they will be able to keep the pool and begin construction on the new residence. However, they will then have an accessory structure without a principal residence. A variance for this needs to be applied for and approved prior to construction of the new residence. In November 1996, a permit was issued for the pool constructioa The survey and paperwork submitted for approval indicated a 20' x 40' pool and no decking around the pool. A 880 s.f. (20* x 44') pool was constructed and substantial decking (2,320 s.f.) was constructed. The square footage of the existing residence, pool and surrounding decks total 6,010 s.f. (20.5%). At that time the structural lot coverage would have been over the allowed 15% and a variance should have been required for approval in 1996. Issues for Consldenition: 1. The lot has an existing residence on the propert)’. The lot is provided with sanitary sewer. The proposed development would conform to yard setback requirements. The proposed residence meets the allowed 15% structural lot coverage. The applicants have stated they will remove the pool when the new residence is demolished, with the thought the ordinance regarding pools as structural lot coverage is changed the pool will stay. If the ordinance is not changed, what is the time frame in which the pool is to be removed? If the ordinance is changed, a variance for accessory* structure without a principal residence needs to be approved prior to denmlition of the e.xisting residence. Such approval could be conditionally granted with the lot area variance, and only taking effect if the code is changed as discussed. Does Planning Commission have any additional issues or concerns with this proposal? Staff Recommendation: Staff recommends approval of the lot area variance with the condition that the pool be removed when the house is demolished. MI-2727 Jot d Mary King 142 Chevy ChastDrivt Weysata. MS 5529! Page 2 Stiff also recommends the granting of a conditional variance for accessory structure without a principal structure, that would only be effective if the code is changed (prior to house demolition) to no longer calculate pools and their patios as lot coverage. OpHoBS for Aetioa: 1 . Recommend approval of variance. 2. Recommend denial of variance, stating reasons. 3. Table, giving applicant direction. 4. Other action. *01-2727Joe A Mary King 142 Chevy Chase Drive IVqyzata. MN 5539 1 Page} Lot Requircfnents ANALYSIS R-IA Lot Area Lot Width Required 1 acre 140* Actual .67 Acre 150* Structural Coverage Total Lot Size Total Structural Coverage Percentage 29.250 s.f.Existing; 6,010 s.f. Proposed: 4,380 sf 6,790 s.f 20.5% (With Pool) 15% (Without Pool) 23.2% (With Pool) Application # Date Recehed / CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S250.00 (S50.00 per each additional variance) Renewal Variance Fee $150.00 (no change &om original application) Variance for non-conforming structures $250.00 Afier-the-Fact Fees (Double application fee) Amount Paid PROPERTY INFORMATION Site Address I *-431 CI J lJ Property Identification Number (P.I.D.) - m ^ -4 l -rO'4*-4 Attach legal description to application if not included on required survey. Date Property Acquired JTr (u | I (do) (do not) also own the adjacent parcels of land. Present use of property: ___presidential ___^other (spccif>)_ Zoning District;____________ Jmonth'year) APPLICANT Phone (home)_ Name (fqW Oo Phone (work) 70 - - 7sT^ Address: Gni itV l Xit\Ti ______Zip:J*ij -5’-5 t OWNER (if different than applicant) Name NUL il\ v -3oC iOtVi Phone (home) -•A'lL: - t^ame la jp c. ^4,^. _____________ Phone (work)ftf51>^l^^-L-llX Address: >4^ CktJvj ClX;:iL City: Zip: ! DESCRIPTION OF REQUEST Describe request in detail: ___ Estimated Construction Cost S (attach additional sheets if necessary) VARIANCES REQUIRED 5rr..r.+i..r/> ( _J5i_ Lot Area ___Lot Width ___Hardcover X* Lot Coverage Setback:Front Side Rear __ Average Lakeshore Other (specify) ApC.^Cr.\i^ cCioaf pinvupiC HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficult)* or unusual peopeny conditions preventing compliance with Zoning Code requirements: ______________________________ (attach additional sheets if necessary) LLiililfuafi.#2727 & KT-l 1-2001 15! 50 SHPf9V)TT & MACDONPLO 952 470 8407 P. 01/01 October 11,2001 Wendy Buttenberg. Planning Paul Weinberger, Planning City of Orono PO Box 66 OroflO,MN 93323 Sent by Fax (9S2/24M616) and I IS Postal Servico ](£: nodification to the King's variance request dated 9/19/01 C Dear Wendy and Paul, With regard to the many discussions and questions you have kindly helped us with, and pursuant^ the beet interests of Mary and Joe King. The Kings and we are respectfully requesting the wiaat* be amended to solely the issue of permission to build a new home on their noo-coofonning lot sue. In order to comply with the letter of the present toning ordinance, upon issuance of a building permit 1^ their new home and the necessary demolition of die existing home, the Kings agree to reinove their 3 year old pool and pool deck since it is presently considered “accessory structural coverage". We understand the Issue of the ordinance classiQnng an ia*giwnd pool and pool patio as stnKtural coverage, has recently come into question by the City of Orono City Council members. Planning Commiailoo members and staff. In light of this feet, and should the ordioarice chmge prior to the time the King's construction begins, the Kings reserve their right to change their minds^ut removing the pool and patio if it becomes no longer defined as accessory stnictural coverage. issue of leaving this pool as an accessory structure upon demolition of the home, we urderstand will be addressed in the suff report. In summation, the structural coverage of 15H of the be area will be met by the proposed design of be home less the existing pool and pool patio. Therefore, the only request for wiance being submitted U for construction of a new home on a substandard siae non-conforming lot Agab, thanks for your time and assistance with this request. Michael Sharrati Sharran and MacDonald Design Company Architect and Owner's Representative SM/ViATTt UACOOMJ^ OtSlflAt C0/MP4WV ^ Ml SdieeiAnttm §310. tsettUK wr 1§41 Htitntpil 4vem». Utumtfieii, UMnett fSeOJ (957; ATO-Orao to 4T0-§40T i^1i)i3»-ia22 tol3M14f DATE: PROJECT: SUBJECT: FROM: COPIES TO: Septembof 18,2001 King Home, 142 Chevy Chase Drive, Wayzata, Mn. 55391 Descriptive for Vahanoe Sharratt MacDonald Design Co. Mary and Joe King; home Owners Description of Variance R<K|uest The Kings property is a total area of 29,250 sf. Their property is k>cated in a portion of the City designated as 1-acre min tot size (43,560 sO- The homeowners desire to construct a new home on their existing property. Since the property is less than one acre the Owners are requesting e Variance to construct their new home on their property. An outdoor swimming pool and po^ deck currently exist on the property. The Owner desires to leave the swimming pool and the pool deck in existence during and after the constnjcdon of the new home. According to zoning requirements all accessory structures are to be removed prior to redevelopment of the property. The Owners request a Variance to leave the swimming pool and pool deck in place. Currently the property Lot Coverage consists of a home of 2710sf including protected walks and front entry roof overhangs, a swimming pool of 880sf, a pool deck and walkways of 2320sf and a wood deck of lOOsf. Tne total of all existing lot coverage is 6010sf. The Kings property is unique In that the City of Orono owns two (2) parcels of land to the north [«42 and #43] and a parcel across and s&ghtly to the northeast of Chevy Chase Drive [#27]. It is the King's understanding that these lots wIB not be built upon. It is also the applicant's understanding that the intent of Lot Coverage is to control/limit the building massing when analyzed in relationship with neighboring homes. Since no development will take place on these parcels, it seems appropriate that the proposed design be accessed In relationship with the current and future building massing conditions. In that light it seems reasonable to allow for a design that has a larger Lot Coverage than allowed by the Zoning Ordinance. i'-'/ '/aVtiva piffyyq SHARRATT A UACDONALD DCSJOH COUPANY»---------,----------•----------s---------i- 291 SeMAv Sf 310 CMCmMer. kMnttaf S5331 1641 Hmtntfiin AntniM Mww^peix UN 85403 (852)47(y0780 Fmt (612)4708407 (612)333-1822 Fwi (612)330-2146 September 18.2001 page 2 An additionai hardship placed on the pcoperty is the fact that it exists in a portion of the City that has been designated as 1 -acre minimum lot size. The City has dassHtad the lot to exist as substandard however it is subject to criteria pertaining to 1-acre lots. Consequently the potential lot coverage is restricted in relationship to the allowable potential for a 1-acre site. To express the hardship in other terms, a 1 acre property (43S60sf) would yield a lot coverage of 6,534sf not 15% of the property (292SOsO which equals 4378.5. The Zoning Ordinance stales that swimming pools (permanently constnjcted) and the associated pool deck are to be consktered as structure and consequently included in the Lot Coverage. In this particular situation the pools exists, is in the backyard of the property and visuafly has no street presence. Furthermore the proposed house design fits within the front-yard and side-yard setbacks and allows for a substantial amount of existing pool deck to remain in place after construction of the home. It is the applicant's opinion that the size of the existing pool and deck should have no bearing on the abity to Tit* a new home on the site especially if al setbacks are met and the pool presents no basis for analyzing the massing of the new home design in relation to other properties. Therefore the Kings request a Varianoe to oonstnict a new home and incorporate their existing pool and pool deck for a tola! lot coverage of 71 OOsf as di^ramed on the enclosed drawings. SMARMTTAUACOONALDD£StQN<Xi»>AHY-a---------$- 26f Sofwer Am. StaL JfO EneWor. lawMoCi 55331 1641 HmwMfin Awtnm UN 55503 (SSZ) 4700750 fta (SrZ) 4700407 (612)m-1622 Pm (612)336^146 #27S7 ^ic\ rcvsons L P ; I i! isirm ja^ CAIIOt^ V) •(. RUN DAIC • VI7/01 RATCH B07 HLNNCriN COUNTY rROTCRTY INTORtUTlOM STSICH PROrCRtV OMNCRS LIST RCPORT NO. Pl^SSAil PA6C 22 PROP AOOR ONMiR NMK TMPAVfR NMI/AOOR PROP AOOR OMNiR NAK TAXPAVfR NAK/AOOR AOOR ONNCR NANC TAXPAYER NANE/AOOR PROP AOOR OWNER NANI TAXPAYER NANE/AOeO 30 30-110-23 01 0033 0010* CHEVY CHASE DR 0 M JOtOISON I A L JOHNSON DENNIS W JOHNSON 100 CHEVY CHASE DR S MATZATA m 55301 30 30-110-23 01 0030 00100 aaVY CHASE OR MENOELL R ANDERSON MENOELL R ANDERSON 100 CHEVY CHASE OR HAVZATA IM 55301 SO 34-110-23 41 0035 00114 CHEVY CHASE DR C A LANCCUTN TRUST CNARLOTTE A LAN6SUTN 114 CHEVY CHASE OR IMYZATA MN 55301 PROP AOOR OWNER NAME TAXPAYER NANE/ADOR 30 34-110-23 41 0034 00114 CHEVY CHASE DR R J NCCARTHY ET AL TRSTES RICHARD 1 JOYCE MCCARTHY 114 CHEVY CHASE OR WAYZATA HN 55301 30 34-110-23 41 0037 00120 CHEVY CHASE OR THOrUS 0 CASWELL JR I WIPE THOMAS R CASWELL 120 CHEVY CHASE DR WAYZATA MN 55301 30 34-110-23 41 0030 00122 CHEVY CHASE OR C CARLSON C CARLSON 122 CHEVY CHASE OR WAYZATA HN 55301 PROP AOOR OWNER NANC TAXPAYER NANE/AOOR 30 34-110-23 41 0030 00124 CHEVY CHASE OR TIMOTHY P I SUSAN L NESVOiO TIMOTHY P NESVOID 124 CHEVY CHASE OR WAYZATA MN 55301 SO 34-110-23 41 0040 00124 CHEVY CHASE DR RUTH L OROWNAWCLL TRUST ROOERT tROWNAWELL 417 OAR ST PARNINOTON MN 55024 SO 34-110-23 41 0041 00120 CHEVY CHASE OR 0 C ■ E S SMITH 0 CONNELL SMITH 120 CHCVY CHASE DR WAYZATA MN 55301 SO 34-110-23 41 0042 00132 CHEVY CHASE OR NEMCPIN FORFEITED LAND CITY OF ORONO P 0 OOX 44 CRYSTAL DAY HN 55323 SO 34-110-23 41 0043 00134 CHEVY CHASE OR HENNEPIN FORFEITED LAND CITY OF ORONO P 0 ROR 44 CRYSTAL DAY MN 55323 SO 34-110-23 41 00142 CHCVY CHASE OR MARY N RINO MARY M RINO 142 CHEVY CHASE DR WAYZATA NN 55301 30 34-110-23 41 0045 00144 CHEVY CHASE DR 0 C TERRY IMA TERRY OAVIO C I HAROARET A TERRY 144 CHEVY CHASE OR WAYZATA NN 55301 30 34-110-23 41 0044 00110 CHEVY CHASE DR R E HlGGllft I L W HIGGINS RENNETH I LAURA HIGOINS 110 CHEVY CHASE DR WAYZATA MN 55301 SO 34-110-23 41 0053 00030 ADDRESS UNASSIGNED NORTNGATE TWO NOHEOMNERS NORTHGATE TWO NOHEOMNERS UNRNOWN TOTAL OATCH 507 00033 'it G 6 MM OAIC •V17/A1 ■ATCN St7 M SA-nt-2S 41 ta»2 ftor AM* aasAS rimoAii n n MMIR NAIC Dtp CNASf J« TAXPAVCR DONALD I PATRICIA CHASE JR NANf/ADOR SAS fCRNOALC MAV2ATA HN SSS41 MNNEPIN COUNTY PROPERTY INTORNATION SYSTCN RROfERTY OWNERS LIST M SA-1IR-2S 41 RRM ••Its CHEVY CHASE OR LIE O LATHROP A WlfE LEE 0 LATHROP Its CHEVY CHASE DRIVE VAY2ATA HN SSS41 REPORT NO. P14SMtl PACE 21 M S4-110-2S 41 •••• ••!•/ CHEVY CHASE OR THONAS R DUNN I LYNNE A DWM THONAS R DUNN lt7 CHEVY CHASE OR HATZATA NN 5S591 OWNER NAK TAXPAYER NAI1E/AII0R SR U-llR-25 41 ttlt ••!•• CHEVY CHASE DR H E ARNOLDY ETAL H E ARNOLDY 1D4 CHEVY CHASE OR WAYZATA HN 55541 SO St-llR-25 41 ms •R.\4 CHEVY CHASE OR T W FORSTER I i J FORSTER THONAS FORSTER 114 CHEVY CHASE OR WAYZATA HN 55541 50 S4-11R-25 41 talk ttlEl CHEVY CHASE OR LOUIS ■ OSERKAUSER LOUIS R ORERHAUSER JR 121 CHEVY CHASE OR WAYZATA HN 55541 5R 54*110-25 41 tOlZ PROP AOOR ttl25 CHEVY CHASE OR OWNER WANE R E STRAUHAN IKE STRAUNAN TAXPAYER R E STRAUNAN t X E STRAUHAN NAME/AOOR 125 CHEVY CHASE OR WAYZATA HN 55541 50 S4-iia-25 41 aaiR 00125 CHEVY CHASE OR R A STRICXER 0 R J GRIFFIN R A STRICXER t R J 6R1FF1N 125 CHEVY CHASE OR WAYZATA NN 55541 50 54-110*25 41 Otl4 0tl2F CHEVY CHASE OR JEFFREY O JACOOSEN JEFFREY 0 ELIZAOETH JACOOSEN 12/ CHEVY CHASE OR S WAYZATA HN 55541 _ _ 50 54-110-25 41 0020 PROP AOOR ••12V CHEVY CHASE OR OIMER NAHE 0 H SAHLSTRON/J E SAHLSTRON TAXPAYER OAVIO H I JEAN E SAHLSTRON NAHE/AOOR 124 CHEVY CHASE OR WAYZATA NN 55541 SO 54-110-2S 41 atzi •0151 CHEVY CHASE OR P 0 HOYNEUR 0 L W HOYNEUR PATRICK 0 HOYNEUR 151 CHEVY CHASE OR WAYZATA HN 55541 SO 54-110-25 41 0022 •0155 CHEVY CHASE OR R S OLSON 0 N H OLSON ROOIRT S OLSON 155 CHEVY CHASE DR WAYZATA NN 55541 50 54-110-25 41 ttZS PROP AOOR 0tl55 CHEVY CHASE OR OWHER NANE ROOERT 0 HOWE ETAL TAXPAYER ROOERT 0 HOWE HO NAHE/AOOR 155 CIKVY CHASE DR WAYZATA HN 55541 50 54-ll«-2S 41 ••24 •0157 C^VV CHASE OR C I • C SATTERVALL CHERYL I X CRAIC SATTERVALL. 157 CHEVY CHASE DR WAYZATA HN 55541 10 54-110-25 41 0025 •0154 CHEVY CHASE DR 0 J OELTRANO I V J OELTRANO 0 J OELTRANO I H J OELTRANO 154 CHEVY CHASE OR WAYZATA HN 55541 50 54-110-25 41 at24 PROP AOOR ••141 CHEVY CHASE OR OWNER NAHE ROGER 0 0 HEOAN H RfHARR TAXPAYER ROGER 0 0 HEOAN N RfHARX NAHi/AOOR 141 CHEVY CHASE DR WAYZATA NN 55541 SO 54-110-25 41 0027 •014S CHEVY CHASE DR HENNEPIN FORPEHEO LAND CITY OP ORONO P 0 DOR 44 CRYSTAL RAT 101 55525 M M-110-2S 41 0452 •0104 CHEVY CHASE OR J W A 0 X NINNICX JOMI W NINNICX 104 CHEVY CHASE OR ORONO HN 55191 #2727 ApplicatioB Date: 60 Day Dradline: 9/19/01 11/18/01 REQUEST FOR COUNCIL ACTION me ETIM® OCT 222001 ClIYOFOnONO DATE: October 17.2001 ITEM NO.: I Dcpartmcal Approval: Name Paul Weinberger Title Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: 2Loning District: LbtorExbibiU AO I-2728 William and Laura Stoddard 4365 North Shore Drive Variances and Conditional Use Permit LR'IB. I acre. One Family Lakeshore Residential A Resolution B Site Plan C Planning Report (October 5. 2001) Review of Request The applicants have requested variances to permit an existing boathouse to remain on the property during construction of a new residence. 1 he variance is required to permit an existing non conforming accessory building to remain on the property within 75' of the lakeshore while the property is being redeveloped The lot has an existing house, detached garage and the bvialhousc. The second part of the application is for a conditional use permit for plumbing in an accessory building 1 he existing house would remain on the property as an accessory building with plumbing fi.xtures in place, however the kitchen would be removed from the building In 1998 Council adopted an ordinance that allowed plumbing in an accessory building subject to a conditional use permit. The building would also require variances for location. The building is located 5.4* from the west side property line where a 15* setback is required, and would be 10* from the street lot line where a 30* setback is required. A 15* side setback is required for accessory buildings greater than 750 s.f. If the building were 750 s.f. or less only a 10* side setback would be required. Planaing CffmilllMlP" RreoBimemlatioB The Planning Commission recommended approval on a vote of 5 to 0 for variances to allow the boathouse to remain on the property. The variance would permit an accessory building to remain within 75* of the lakeshore and constituting 421 s.f (4.9*/o) hardcover where no hardcover is permitted. Planning Commission noted the unique aspects of that building that suggest it should be allowed to remain as is The Planning Commission also recommended approval on a vote of 5 to 0 for variances and conditional use permit to permit plumbing in an accessory building located 6* from the side property line and 16* from the planed streetside property line and 10* from a Hennepin County easement. The conditional use permit would permit the existing plumbing to remain in the building. A condition of approval a portion of the north side of the building is to be removed leaving the building over the original foundation. The resulting building would be reduced to 23* X 34*. Applicatioa Date: 60 Day Deadline: 9/19/01 1I/I8AH REQUEST FOR COUNCIL ACTION CO< meeting OCT 22 2001 CilYUfORONO DATE; October 17.2001 ITEM NO.: I S' Department Approval: Name Paul Weinberger Title Zoning Administrator Administrator Reviewed:Ag.iida Section: Zoning Item Description: Zooiog District: List orEibibiU ttOI-2728 William and Laura Stoddard 4365 North Shore Drive Variances and Conditional Use Permit LR'IB. I acre. One Family Lakeshorc Residential A Resolution B Site Plan C Planning Report (October 5, 2001) Rev iew of Request The applicants have requested variances to pennit an existing boathouse to remain on the property during construction of a new residence. 1 he variance is required to permit an existing non* conforming acceviorv building to remain on the property within 75’ of the lakcshore while the property is being redeveloped The lot has an existing house, detached garage and the boathouse The second part of the application is for a conditional use permit for plumbing in an accessory building T he existing house would remain on the property as an accessory building with plumbing fixtures in place, however the kitchen would he removed from the building. In 1998 Council adopted an ordinance that allowed plumbing in an accessory building subject to a conditional use pennit. The building would also require variances for liKation. The building is located 5.4* from the west side property line where a 15' setback is required, and would be 10' from the street lot line where a 30' setback is required. A 15' side setback is required for accessory buildings greater than 750 s.f. If the building were 750 s f. or less only a 10* side setback would be required. The Planning Commission recommended approval on a vote of S to 0 for variances to allow the boathouse to remain on the property. The variance would permit an accessory building to remain within 75’ of the lakcshore and constituting421 s.f (4.95«) hardcover where no hardcover is permitted PlanningCommission noted the unique aspects of that building that suggest it should be allowed to remain as is The Planning Commissior also recommended approval on a vote of 5 to 0 for variances and conditional use permit to permit plumbing in an accessory building located 6' from the side property line and 16* from the planed streetside properly line and IC from a Hennepin County easement. The conditional use permit would permit the existing plumbing to remain in the building. A condition of approval a portion of the north side of the building is to be removed leaving the building over the original foundation. The resulting building would be reduced to 23’ X 34*. JU272I William and Laura Stoddard October 17.2001 Page 2 of 2 Stair Rgeonneadatioa To adopt the attached resolution approving variances and a conditional use permit as proposed and recommended by the Planning Commission. COUNCIL ACTION REQUESTED Motion to adopt the attach d resolution approving variances and a conditional use permit to permit the existing boathouse to remain on the property during the redevelopment period of the site and a conditional use permit and variances to permit plumbing in an accessory building. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9; SECTION 22, SUBDIVISION (I), SECTION 10.56, SUBDIVISION 16 (L) (I), AND A CONDITIONAL USE PER.MIT AND VARIANCES PER SECTION 10.03, SUBDIVISION 9 (F) FILE NO. #01-2728 WHEREAS, William Stoddard and Laura Stoddard (hcrcinutk*r "the applicants") ore owners of the property located at 4365 North Shore Drive within the City of Orono (hereinaAer "the City") and legally described as follows; I he Last Half of Lot 5. Lot 6. and the West 17 feet of Lot 7. Block 18. "Saga Hill Revised, Hennepin County, Minnesota.” (hereinaAer "the property"); and WHEREAS, aAer due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Conunission held a public hearing on October 15. 2001, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied for variances to the City to Municipal Zoning Code Section 10.03, Subdivision 9 to pemiit an accessor)' building to remain on the property during the construction of a new- principal building. Section 10.22. Sulxlivision I and Section 10.56, Subdivision 16 I. (1) to permit the existing 381 s f. boathou.se and landing to remain within the 75’ setback to the OHWL of Lake Minnetonka, where no hardcover is allowed; and applicants have applied for a conditional use permit to Section 10.03. Subdivision F to permit a “plumbing in accessory building - CUP" converting the existing principal residential building to an accissory building and variances to permit the CL'P for a building 6' from the side lot line and 16' from the platted street property line; and Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono. FINDINGS 1. This application was reviewed as Zoning File #01-2728. 2. The property is located in the LR-IB (I acre) One Family Lakeshore Residential Zoning DistricL Page i of 7 Tlic Orono Planning Commission reviewed this application on October 15. 2001 Oiid recommended approval on a vote of 5 to 0 for variances based upon the following findings and hardships: A. The property is a “record lot" per Resolution No. 4424 when a lot line rearrangement with the adjacent lot located at 4345 North Shore Drive was approved. D. lire existing house and boathouse were constructed prior to the adoption of the current zoning standards. The boathouse is very old. of unique design, and has been well-maintained. It cannot be redily relocated to a conforming location without destroying it. C. Ihe property owners have proposed to construct a new house on the property. I'he lot lias an existing house, detached garage and boathouse. A variance is required to permit the 16' X 23.8' boathouse to remain on the property. D. The existing house is not proposed to be removed, but would be converted into an accessory building to the new house The existing house would be resized to meet a 16’ setback to the plalied property line. This would be dotie by removing a three season porch and part of the structure leaving a building 23' X 34'. over the original foundation. E. The second port of the application is for a conditional use permit for “plumbing in an accessory building”. The building that is the current residential structure would remain on the property with plumbing fixtures in place, however the kitchen would be removed from the building. F. In 1998 Council adopted an ordinance that allowed plumbing in an accessory building subject to a conditional use permit. The building would also require variances for location. The building is located 5.4’ from the west property line where a 15' setback is required, and would be 10' from the street lot line where a 30' setback is required. A 15' setback is required for accessory ’ buildings greater than 750 s.f. Page 2 of7 G.Tlio lolal hardcover wilhin the 75-250' setback is 4,724 s.f. (23.6%) where (25"o) is allowed. No additional hardcover variances have been requested. The City Council finds that the conditions existing on this property are peculiar to it and do not appiy generally to other property in this zoning district; that granting the variances and conditional use permit would not adversely alTect 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 difllculiy; is necessar>’ to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensise Plan of the City. The City Council has considered this application including the findings and recoinmcndatiuns of the Planning Commission, reports by City stun', comments by the applicants and the cfTcct of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Dosed upon one or more of the above findings, the Orono City Council hereby grants varioiKes to Municipal Zoning Code Section 10.03. Subdivision 9 to permit an accessor>- building to remain on the propert)’ during the construction of a new- principal building. Section 10.22. Subdivision 1 and Section 10.56. Subdivision 16 L (1) to permit the c.xisting 381 s.f. boathouse and landing to remain within the 75' setback to the OHWL of Lake Minnetonka, where no hardcover is allowed; and applicants have applied for a conditional use permit to Section 10.03. Subdivision F to permit a "plumbing in accessory building - CUP” converting the existing principal residential building to an accessory building and variances to permit the CUP for a building 6' from the side lot line and 16' from the platted street property line, subject to the following conditions; 1.The second lake access stairway and retaining walls within 75' of the lokeshore shall be removed, as shown on the attached site plan - Exhibit A. The deck located on the existing house shall be removed. Page 3 of 7 5. Prior to occupancy of the new residence the accessory building with plumbing shall be resized to 23' X 34* o\*er the original foundation. The building shall be sided and finished to be architecturally harmonious with the new principal residence. The following conditions shall conuol the use of the wastewater plumbing with in the accessory building; fhe accessor}' building shall not be used for a home occupation unless specifically approved by the City or if allowed by City code. The accessory building will not be used as a dwelling unless a Guest House conditional use permit is obtained from Uie City. The accessory building will not be rented, leased or otherwise provided for u.se as a dwelling under any circumstances. Authorities granted by this variances and conditional use permit run with the property not with the applicants, but arc permissive only and must be exercisedl by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (October 22, 2002). Violation of or non-compliance with any of the terms and conditions of this variance and conditional u.'C permit 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, 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. Pagie4of7 Adopted by the City Council of the City of Orono. Minnesota at a regular meeting held on the 22nd day of October. 2001. ATTEST: Linda S. Vee, City Cleric Barbara A. Peterson. Mayor Property OwiKrs STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 22"* day of October, 2001 by Linda S. Vee. City Clerk of the City of Orono. a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public H '1 c Application Dale: Deadline: 9/19/01 11/18/01 TO: Chair Ha\\'n and Orono Planning Commission Members Ron Moorse, Cit> Administrator FROM: Paul Weinberger. Zoning Administrator Planner DATE: October 5.2001 SUBJECT: i^01*2728 William and Laura Stoddard 4365 North Shore Drive Variance and Conditional Use Permit Public Hearing Zoning District: List of Exhibits LR-IB, I acre. One Familv Lakeshore Residential A Application B Applicant's Statement of Hardship C Plat Map D Site Survev/Grading Plan E Elevation Views F Photo of Boathouse G Resolution 4424 • Approving Lot Line Rearrangement II Signatures from adjacent property owners I Hardcover Calculation Worksheets J Property Owners Notification List Review of Request: The property ow ners ha\ c proposed to construct a new house on the propertv located at 4365 North Shore Drive. The lot has an existing house, detached garage and boathouse. A variance is required to permit the 16' X 23.8' boathouse to remain on the property. The existing house is not proposed to be removed, but would be converted into an accessory building to the new house. The existing house would be resized to meet a 10' setback from the street. This would be done by removing a three season porch and part of the structure. The second part of the application is for a conditional use permit for plumbing in an accessory building. The building that is the current residential structure would remain on the property with plumbing fixtures in place, however the kitchen would be removed from the building. In 1998 Council adopted an ordinance that allowed plumbing in on accessory building subject to a conditional use permit. The building would also require variances for location. The building is located 5.4' from the west property line where a 15' setback is required, and would be 10' from the street lot line where a 30' setback is required. A 15' setback is required for accessory buildings greater than 750 s.f. If the building were 750 s.f. or less only a 10' setback would be required___ •01*2721 William and Lmua SioOdtfd 4)65 Nonh Shote Drive IIVl).t)l Pige 1 0/6 Background: The property was part of a lot line rearrangement that was recorded in 2000. The final Council approval included a provision that a variance to the 140' lot width requirement be granted to permit redevelopment of the lot and the lot be considered a record lot. A copy of the Resolution approving the lot line reanangement is attached. Lot Width - 113' Lot Area - 45.150 s.f. Code Review: Required Variances and Conditional Use Permit: Boathouse - Section 10.03. Subdivision 9 to permit the accessory building to remain on the property with construction of a new principal residence. The City of Orono has required variances to permit accessor)- buildings to remain on the propeny when principal buildings have been removed. The existing boathouse is a ‘•|cgal-nonconforming*’ building. It is non-conforming because it is structure and hardcover located within 75* of the OHWL of Lake Minnetonka. The boathouse is “legal" because it was constructed prior to the adoption of the zoning ordinance. The change to the status of the principal dwelling unit also changes the status of the building. I he City lias, in some coses, required non-conforming structures to be removed when the principal dwelling unit has been removed, or in this case the principal building status is being changed from the existing house to the new house. The only process to keep a non- conforming building is the variance process. The City has looked at a number of other instances where hardcover located within 75' of the lakeshore has been allowed to remain, but only if the hardcover was deducted from the allowed hardcover in the 75-250' lakeshore setback. A total of 421 s.f. of hardcover would remain within the 0-75' setback. The would be 381 s.f. for the boathouse and 40 s.f. for the boulder wall next to the lake access stairs. The other hardcover including the second stairway on the west side of the property and railroad ties is being removed. 421 s f of hardcover in the 0-75' setback and the proposed 4.724 s.f (23 .6*/o) in the 75-250' setback w ould result in total hardcover of 5.145s f within 250' of the lakeshore. Lot area in the 75-250' lakeshore setback is 20,015 s.f Allowed hardcover is S.f Tiie total hardcover is J41 s.f greater than what is allowed in the 75-250' lakeshore setback. Accessory building • Conditional Use PermitsAfaiiances (conversion of existing house into accessory building The City of Orono allows for the provision of plumbing in accessory buildings that includes a toilet, shower or bathtub. The accessory building is required to be conforming In location, size and height. The existing house encroaches 9 6' into the required setback to the west side property line, and would be resized to meet a 10' setback to the street property line where a 30' setback is required. Under the provisions of the Code the conditional use permit can not be approved without granting variances «0I-272I Willi«n and Laura Sloddad 41«S Noun Short Omc KVIS.0I Pv2of6 for ihc location of the structure. The criteria for approving the CUP states the building is required to be conforming in location The building size and height are in conformance with the standards set by the Zoning Code. The survey indicates part of the lot is Hennepin County right of way. Hennepin County (per H. C.S.A.H. No 19, Plat 50, Doc. No. 1484182) acquired a right of way easement over the north portion of the lot. That portion of the propert)’ is shown on the survey. Setbacks are measured from the edge of the right of way which is the easement. The building requires a 30* setback to the property line. Only accessory buildings used as garages arc permitted to be located closer than 30' to the street lot line. Removing a portion of the building to meet a 10* setback to the street property line would leave the structure 34 ’ X 23.3* or 792 s.f. The 792 s.f building requires a 15* setback. Accessoiy buildings greater than 750 s.f. but less than 1,000 s.f require a 15* setback. If the building is sized to less than 750 s.f a 4.6* variance to the side property line would be required. The option to remove a portion of the existing building to meet a 10* side setback has been review ed by the applicants, and it was determined removing that portion of the building w as not feasible due to the existing bathroom and plumbing being located on the side of the house. They have stated the fact that the plumbing is instiled is a unique situation. If the plumbing were located on the other side of the house, removal of a portion of the building w ould 1^ possible. STATEMENT OF HARDSHIP Applicant’s *'**rdship is included with Exhibits A and B. The applicant should also be asked for their testimony regarding this issue. Criteria for Determining Undue Hardship I. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The property is being put to a reasonable use because in contains a single family residence. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The applicant has stated the building is a historic building and is in very good repair Keeping both the boathouse and accessory building may be an amenity, but they are existing buildings that have been located on the property since prior to the adoption of the current Zoning Ordinance. •0l-272e Wtlliun aitd Lauia Swddwd 4M Soah SIkmc Oinc KVIS^I rattJer6 8. The variance, if granted, will not alter the essential character of the locality. The variance would not change the character of the locality. The buildings would remain on the property, in the case of the existing hottse would be smaller and used only as accessory to the new house that would be constructed on the lot. Economic considerations alone shall not constitute an undue hardship if reasonable use for the propcrt>' c.xists under the terms of this chapter. Economic factors are not alone a hardship. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Solar access is not a consideration. The Board of Appeals and Adjustments or the Council may not permit as a variance for any use that is not permitted under this Chapter for the property in the zone where the affected person's land is located. The use of the property would remain residential which is a permitted use in the zoning district. The Board or Council may permit as a variance the temporary’ use of a one*family dwelling as a two-family dwelling. The applicant will not be changing the dwelling status of the property The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The lot has an existing house, detached garage and boathouse. A variance is required to permit the 16* X 23.8* boathouse to remain on the property. The existing house is not proposed to be removed, but would rather be converted into an accessory building to the new house. The existing house would be resized to meet a 10* setback from the street The boathouse has been located on the property for many years The property owner has stated the building has historic value and adds character to the property. The conditions do not apply generally to other land or structures in the district in which said land is located. The building and boathouse are preexisting structures on the property. If the boathouse was destroyed or removed a separate variance review would be required. Other lots do contain existing boathouses, but lots without a structure within 75* of the lake shore would not be permitted to construct a boathouse under existing standards. •01.3721 WilliM Md Laurt StoMmi 4MJ Nodh Skore Dri«t l(VISA)l P^t4or« 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. It could be argued the preservation of the boathouse and existing house would preserve a property amenity to continue use of two buildings that are in good repair and add value to the property. 1 1. The granting of the proposed variance will not in any way impair health, safct>\ comfort, morals, or in any other respect be conuary’ to the intent of the Zoning Code. The buildings would twt impair the health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. 12. The granting of such variance will not merely serv e as a convenience to the applicant, but is necessary ’ to alleviate demonstrable hardship or difTiculty. The existing condition and location of the buildings are the primary issues for not being able to meet the setback requirements for structures. Secondly, the existing location of the plumbing makes continued use ofthe existing house as an accessory building with indoor plumbing fixtures The buildings are legal non- conforming structures that would not create further non-conformities, and reduce a non conformity by eliminating part of the existing house located within the Hennepin County right of way. Primary Issues for Discussion: I. To clarify the position to allow accessory buildings to remain on properties and whether to deduct the hardcover within 75' of the lakeshore from the total allow ed m 75-250' lakeshore setback. Is the boathouse of quality, historical value, and character to make findings there is a unique situation that exists on the property? And, is this a structure that meets the historic value and character that would separate how the City views boathouses versus other accessory structures that are found w ithin 75' of the lakeshore? Is the current location of the existing house and location of plumbing fixtures within the house a hardship that would be unique to this property and justify granting of the conditional use permit and variances? •0I-:72I waiiam and Laura Stoddard 4MS North Short Drive 10/15.01 Options for Planning Commiiiion Action A. Recommend approval. 1. Variance for the boathouse to allow an accessory building to remain on the propert)' absent a principal building. 2. Conditional Use Permit for plumbing in an accessory building and variances to allow plumbing in an accessory building that does not meet setba k requirements. D. Recommend denial, stating reasons. C. Table. D. Other action. •01-2721 WiUivB m4 Lmt* $lo4dvd 4305 Nonh Shore Dn«c IO/IVt)l V CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S2S0.00 (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) Applkatioo # 0 / »*Z.7 2. 6 Ifale Rcccivcd~t//€/a/ ~~ Amount Paid PROPERTY INFOiyVIATXON _ Site Address f P/T. K Property IdenUfication Number (P.I D.) p/ 7- // 7 ♦ j ; vT Attach legal description to applicationTf not included on requiredVurvxy Date Prppcajc Acquired______jfQl ____________ ^ I (do) ((do_^) also own the adjacent parcels of land ^ Present use of property: ^LresidenUal other (soecift ) Zoning District: ~ ------------- _(month/year) APPLICANT . Name > o ^Phone (home).^££_2, Address: T VV//*r Phone (workVl^':•Vi ->' City: niinAO (if Ito a^licant) Phone (home). Zip: rr?.’/ Address:City:. Phone (work). Zip:. °r. . .. Con«n.c.ion Coe. Sr^ues, in dei^t: -TO ...Ay (attach additional sheets if necessar>) VARIANCES REQUIRED ___Lot Area ___Lot Width ’lardcover _Lot Coverage Setback: _ From _ Side _ Rear _ Average Lakeshom____ L«4UWCMIUlC A. Other (specif)) /,(',<?■.< HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difnniitv nr ___...^^nting t c>r /X'/^C K'A!.[ (attach ^ditional sheets if necessary)r ;y c 0rr ^ /w o September 19.2001 Mr. Paul Weinberger ZA Zoning Department City ofOrono P.O. Box 66 Crystal Bay, MN 55323 Subject:Request for Variance at 4365 North Shore Dnve Dear Paul: Per our recent meeting, in our quest to construct a new house at 4365 North Shore Drive we understand a variance is needed for lea\-ing a boathouse on the property (au.\iliar>' structure without principal residence). Enclosed with this letter, please find the General Land Use Application and required information for your re\iew. In summary, hardsh^ and reasons to approve our variance request include: - Property will be impro\’ed by replacing non-conforming structure (current residence is within Hennepin County setback line, with conforming structure); - Proposed request will decrease hardcov*er in the 0-75 foot zone from about 9.03% to 4.97%; - Existing boathouse is of historic value, not to mention economic value it adds; - This is a General Development Lake, not a Natural Environment or Recreational Development lake, and is a proper setting for such a boathouse; - Orono has permitted various boathouses of much less quality to remain for a variety of reasons, and a neighboring city (Wa>-zata) has in fact permitted new construction of boathouses recognizing their historical importance; and . Overall Structural Coverage is about 11.39%, and Hardcover is about 20.32%. We look forward to discussing this further with you. P7 ? 1 onnc H.C.S.A.H. NO. 19 R-1043.00 u. w .-i-. Ici msaimanaa^gr§m 1/6 "1-0 ’ tt<:i -V./ f I 19: il *j A' i^r ll^ ra 'P ><)l/v •'V*' • *‘-(V .* r •/K": V -:m_ GITYof ORONO RESOL v ' ION OF THE CITY COUNCIL NO. 4 ^ ^ A RESOLUTION APPROVING A SUBDI\TSION OF A LOT LINE REARRANGE.MENT FOR PROPERTIES LOCATED AT 4345 AND 4365 NORTH SHORE DRI\T; AND GRANTLNG OF VARIANCES TO MUNICIPAL CODE SECTION 10.24, SUBDIVISION 5 (B) FILE NO. 2400 WHEREAS, the City of Orono is a municipal corporation oiganizcd and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision of a lot line rearrangement by Mark Plocn and Arlcltc Plocn (hereinafter "the subdividers") of properties legally described as: Parcel A The East Half of Lot 5, Block 18 "Saga Hill Revised, Hennepin County, Minnesota.", and that part of Lot 6 said Block 18, described as follows: Beginning at the Northwest corner of said Lot 6; thence Southerly along the Westerly line of said Lot 6 a distance of 138.50 feet; thence Easterly parallel with the Northerly line of said Lot 6 a distance of 36.81 feet; thence Northerly to a point on the Nonhcrly line of said Lot 6 disunt 47.00 feet Easterly of said Northwest comer of Lot 6; thence Westerly along said Northerly line to the point of beginning, and; Parcel D Lots 6,7, and 8, Block 18, "Saga Hill Revised, Hennepin County, Minnesota", EXCEPT that part of said Lot 6 described as follows; Beginning at the Nonhwest comer of said Lot 6; thence Southerly along the Westerly line of said Lot 6 a distance of 138.50 feet; thence Easterly parallel with the Northerly line of said Lot 6 a distance of 36.81 feet, thence Northerly to a point on the Northerly line of said Lot 6 distant 47.00 feet Easterly of sait Northwest comer of Lot 6; thence Westerly along said Northerly line tot he point of beginning. to be rearranged by transferring a portion of Parcel B to Parcel A new legal descriptions as: Parcel A The East Half of Lot 5, Lot 6 and the West 17 feet of Lot 7, Block 18, "Saga Hill Revised, Page 1 of 6 GITYofORONO RESOL JTION OF THE CITY COUNCIL NO. 4 4 Hennepin County. Minnesota." and; Parcel B Lot 8 and that part of Lot 7 lying east of the West 17 feet of said Lot 7. Block 18. "Saga Hill Revised. Hennepin County. Minnesota." >VH£REAS, After due published and mailed notice in accordance with Minnesota Statutes 462.3S8 et. seq. and the City of Orono Zoning and Planning Codes, die Orono Planning Commission held a public hearing on January 19. 2000, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the subdividers have completed requirements of the City for a subdivision to rearrange the property lines between 4345 and 4365 North Shore Drive. >VHEREAS, At their regular meeting held on February 28. 2000. the Orono City Council considered the subdivision application of Mark and Arlette Ploen. noting the following findings of fact; 1. The property is located within the LR-IB. Single Family Lakeshore Residential District requiring a minimum of 1 acre lot area. The existing lots are as follows: 4345 North Shore Drive 4365 North Shore Drive 0.42 acre 1.66 acre 2. The subdividers have proposed a lot line rearrangement creating two lots meeting the minimum requirements for lot area 4345 North Shore Drive 4365 North Shore Drive 1.03 acre 1.03 acre 3. The proposed lots require variances for lot width because they are less than the 140' standard in the zoning district. 4. The lots meet the intent of the Comprehensive Plan of the City of Orono by making an existing developed lot conforming to the one acre minimum lot size. 5. The request for a lot line rearrangement will not create any new building sites. Page 2 of 6 ^oT O'm GITYofOROXO RESOLUTION OF THE CITY COUNCIL NO. 4 ^ 6. Parcel A is developed as a residential property and Parcel B had e.xisicd as a residential property until a residence was recently removed. NOW. THEREFORE. BE IT RESOLVTD. that the City Council of Orono hereby approves the lot line rearrangement of the above referenced property by the subdividers as shown on the certificate of survey by Mark S. Gronberg. a licensed surveyor of Coffin and Gronberg, Inc., a registered Land Surveyor and Civil Engineer, dated February 24.2000. attached Exhibit "A", and grants variances to Municipal Code Section 10.24. Subdivision 5 (B) to permit both newly created lots to be "RECORD LOTS" and arc granted variances from the zoning chapter requirements for lot area and lot width. The approval is subject to the following conditions: 1. The new legal description for Parcels A and B, as shown on the survey sited above, shall read as depicted on the approved survey and shown above. 2. New drainage and utility easements as follows: Parcel A and B Exhibit "B" Variances shall be granted creating "RECORD LOTS" for Parcels A and B. The aforesaid division show n on the attached Certificate of Survey shall be filed by the City of Orono with either the Hennepin County Recorder's Office or Registrar of Titles Office on or before August 28, 2000 together with a cenified original copy of this resolution. The City of Orono shall not issue a building permit for improvements to either of the new parcels prior to recording the subdivision. 6. The approval granted by this resolution shall expire if the division has not been filed by the date specified above. In that event, a new application shall be required for the City of Orono review. LEGAL DOCUMENTS required: a) Title Opinions addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. 3. 4. 5. Page 3 of 6 GITYofORONO RESOLUTION OF THE CITY COUNCIL ;4 ;NO. b) The subdivider must provide certified copies of all recorded easements currently affecting the property. c) Three Copies of Certificate of Survey for filing with Hennepin County. d) Drainage and Utility Easements shall be granted along the new property lines. Adopted by the City Council of Orono, Minnesota diis 28th day of February, 2000. ATTEST:. •r. - -Lindas. Vee, City Clerk StXtE OF MINNESOTA ) )S5. COUNTY OF HENNEPIN ) Gab\cl Jabbour, Mayors The foregoing instrument was acknowledged before me on this 20th day of February. 2000 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Mirmesou municipal corporation and said instrument was executed on behalf of the City. CM«XEA.H^MJN NOTAlWa8UC-U»<«80U III Imp"* ^Notary Public Page 4 of 6 loNci ■fh Dale: OdJ' ^ To: CityofOrono Planning Commission City Councii Subject Variance and CUP Request by Wiiiiam J. Stoddard for 4365 North Shore Drive To Who It May Concern: Being the immediate neighbor, vtt wish to voice our support for the foiiowing items requested by Mr. Stoddard for 4365 North Shore Drive: .Retaining the Boat House within the 0 to 75 foot zone of the lake rRetaining the east, west, and south waits of the existing house so it may be used as a heated and plumbed auxiliary structure (^ • iClSjc/ ■H- Date: To: City of Orono Planning Commission City Council Subject Variance and CUP Request by William J. Stoddard for 4365 North Shore Drive To Who It May Concern: Being the immediate neighbor, we wish to voice our support for the following items requested by Mr. Stoddard for 4365 North Shore Drive: Retaining the Boat House within the 0 to 75 foot zone of the lake I D.\ / Retaining the east, west, and south walls of the existing house so it may be used as a heated and plumbed auxiliary structure r ^ ^ . 1 Ala' |bl|h^iaL Cl /u/" V V^cjUa otir u\ tOider ■B^c. hart -'OVER ZONE; (CIRCLE ^.<E) ARnrovTR IX yovf lcl 'lation worksi :t 75-250* B. C. Garsge Driveway wwm izr D. Sidewalk Ss/fucj F. Landscape Underlain By Plastic G- Other total hardcover in zone total ^propert y area in (^OPOS^ HARnCOVFB !>■ 70Vr X 100 X 100 Hd^naeK B. Garage C. Driveway D. Sidewalk E. PatioDe.k F. Landscape Underlain By Plastic G. Other SYOiUC vuu Lentth Wiam ~t(r ^SccXi,/?rf&ot{ /t?pY I___ TOTAL hardcover IN ZONE TOT^ property area in zone —^" B 1r.rJ 7_ #2728 X 100 250-500*500-1000* ~ToJ 173^s^n.!jEa2. ~2s\ 4o H2l _ S.F. _S.F. _S.F. -S.F. _SF. . S F. . SF . S.F. . S.F. S.F. S.F. S.F. S.F. S.F. % _V. . S F. SF. S.F. -SF. . S F. .SF. .SF. . S F. .S.F. , S.F. SF. SF. S.F. SJ. % B I k-. H^r •'OVER CALCULATION WO ZONE: (CIRCLE wNE) 0-75 ARDCOVER i.v yojsfy; nON WORJ^. Jiu. 75-250' ^0.50^ 500-1000* Lcagife Width B. Garage C. Driveway D. Sidewalk E. PMio/Deck F Landscape Underlain Cy Plastic O. Other total HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ^ ---------------------- * B A * B PROPOSED HARnrnVFR IN 7f»’p A. House Width B. Cirijcf/ytTfM C. Drivcvvg/dfM / %f^/rmv jf,V D. Sidewalk ----- 7a- 2i JLS JUT. E. PitiO'DeckMe F. Landscape Underlain By Plastic S'M'ifiiiiBtc •: / X 100 X 100 total HARDCOVER IN ZONE property AREA IN ZONE, - B _JC££7 ,100 6si Mr. zw Ali SF. S.F. S.F. SF. S.F. S.F. S.F. S.F. S.F. S.F. ST. S.F. SF. A S.F. B % S.F. S.F. S.F. —S.F. S.F. SF. S.F. S.F. SF. S.F. S.F. S.F. SI. 22, (t f % A B HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OHr.'HRS LIST PROP MNM OMMIR NAMt TAXPAYKR lUMIC/AOfMI ]■ 07 117 31 43 0034 4110 NORTH 8IMRI OH I 8 LOOK 8 D J BOLUND MIC 8 UIPSZ/DRRRA J ROUMO 4110 NORTH SHORR OR HOUND NN SSK4 CONOHN • 10 07 117 31 43 0019 4140 NORTH SHORR OR J D PATTI80N fc M V PATTISON J 0 8 H V PATTISQN 4140 NORTH SHORE DR HOUND Mt S 184 CONOHN I 10 07 117 31 43 0040 41R0 NORTH SHORR DR M1L.LIAM T SOtORNINO NILLIAH T SCHOKNINO 4100 NORTH SHORR DR HOUND Mt SS184 CONOHN I PROP AOOR 0H8 ' NANS T* -«YM t /AOOR 10 07 117 31 41 0011 419S NORTH SHORR DR R 0 NARORN 8 R A HARDEN RRNT D NARORN 419S NORTH SHORR OR HOUNO Mt SS184 CONOMt • li 07 117 31 41 003R 411S NORTH SHORR OR R 8 N HItXIAHS RiaUJtO J NllXlANS 4119 NORTH SHORR OR HOUND Mi 5S184 CONOMI I It 07 117 31 41 0011 4181 NORTH SHORR DR H J 8TOOOARO 8 b C STOOOAkO HIbblAM 8 LAURA STDOOARO 4181 NORTH SHORR OR HOUND Ml 11184 comm § PROP AOOR ONNM NAHC TAIPAYM NAKZ/AOOR 10 07 117 31 41 0013 4141 NORTH SHORR OR NAROLO 8 MARILYN CIMISTSNSRM HAROLD 8 MARILYN CHRXSTRMSRN 4141 NORTH SHORE DR HOUND Ml 11184 PROP AOOR ONNER NANI TAXPAYM NAMS/ADOR i : 1 CERTIFY THAT THE PACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPBRARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OP PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF DATE REQUEST FOR COUNCIL ACTION Dale: October 17.2001 ItcnNo.: Dc^rtant Approval: Naae: Michael P. Gaffron Adalaiitnitor Approval: Title: Planning Director Agcoda Scctloo: Zoning Item DcscripHon: Amendment to Animal Regulations: Ordinance to Require Kennel Licensing for 5 or More Cats LbtofAttodimeBtt A - Ordinance for Adoption B - Existing Sections 5.36 and 9.12 for Reference On October 8 Council directed staff to draft ordinance amendments requiring a Kennel License for 5 or more cats. The attached ordinance (Exhibit A) for consideration and adoption amends Orono ’s current "Kennels" and “Dog Regulation and Licensing" ordinance sections to accomplish this. CSO Josh Anieson working with other members of the Police staff has indicated a more comprehensive amendment is needed to thoroughly update the Dog Regulation and Licensing section, primarily to update the ‘impoundment' and ‘dangerous dog' regulations. Council will be presented w ith a more detailed amendment in the near future (probably in January). COUNCIL ACTION REQUESTED Adoption of the attached ordinance, spccif>ing that a residential kennel license w ill henceforth be required for keeping 5 or more cats on a residential property. ORDINANCE NO.SECOND SERIES AN ORDINANCE AMENDING THE ORONO MUNICIPAL CODE, SECTION 5J6 “KENNELS” AND SECTION 9.12, “DOG REGULATION AND LICENSING” TO INCLUDE REGULATIONS REQUIRING KENNEL LICENSING FOR CATS The City Council of Orono ordains: Section I. Section 5.36, Subd. 1(B), the definition of “Residential Kennel" is hereby amended to read as follows: **B. "Residential kennel" means an acccssor>’ residential use or place where three or more dogs or five or more cats, over six months of age are kept or housed for the sole non-commercial use. benefit or enjoyment of the property owner or occupant." Section 2. Section 5.36. Subd. 2(A). is hereby amended to read as follows: It is unlawful for any perst>n to own. harbor, keep or house three or more dogs, or five or more cats, over six months of age. on any one lot or property without a valid residential or commercial kennel license." Section 3. Section 5.36, Subd. 4. is hereby amended to read as follows: "Subd. 4. Kennel License Standards. All kennel licenses are permissive only, granting limited authority to the licensee according to the provisions of each license. Kennel licenses may be issued by the City Clerk only after review and appro\al by the Council. The Council shall review each kennel license application for pertinent facts and circumstances including, but not limited to. location in the City, zoning, lot size, number of dogs animals , existing or proposed kennel facil**ies including location on the lot. kennel maintenance, sanitation and any previ oiu dog or kennel license v iola tions b;* the ap plicant such as,_kceping too many animals, nuisance complaints, excessive noise, running at lame , odors perceptible bevond the property line, or commercial activities occurring at a residential kennel, or anv previous animal or kennel license \ iolations bv the applicant .'' Section 4. Section 5.36. Subd. 5. is hereby amended to read as follows: "Subd. 5. Residential Kennel License Standards and Requ ements. Residential Kennel Licenses aa* intended as a special privilege to be granted upon a showing »hat the keeping of more than the normal two dogs allowed amount of animals . and'or a kennel structure location w ill not be a public nuisance or otherw ise adversely affect neighboring persons or property. The Council shall have the authority to limit the maximum number ofd^ animals kept at any residential kennel based upon the kennel standards listed in Subdivision 4 No residential kennel license shall be granted unless the property contains a proper kennel structure or is otherwise fenced to prevent the dogs from running at large. Nothing in this Chapter shall preclude the breeding of licensed dogs kept at a residential kennel, the sale of J ofTspring, ihc occasional sale of licensed dogs, or the private grooming, training or medical care of such dogs on the premises." ScctioB 5. The title of Orono Municipal Code Section 9.12, “Dog Regulation and Licensing”, is hereby amended to read “Dog and Cat Regulation and Licensing”. Section 6. Section 9.12, Subdivision I is hereby amended to read as follow’s: “Subd. I. Definition. For the purpose of this Section, ‘owner’ means a person who owns, feeds, boards or keeps a dog or cat.” Section 7. Section 9.12, Subdivision 12 is hereby amended to read as follows: "Subd. 12. Immobilization of Begs Animals. For the purpose of enforcement of this Section any Animal Control Officer or Law Enforcement Officer may use a so-called tranquilizer gun or other instrument for the purpose of immobilizing and catching rdog an animal." Section 8. Section 9.12. Subd. 14 is hereby renumbered as Section 9.12, Subd. 15. A new Section 9.12, Subd. 14 is added, to read as follows: *Subd. 14. Animal Limits. No person shall own, harbor, keen or have custody of more than 2 dogs or more than 4 cats, over the age of six months, on their property w ithout having first secured a Residential Kennel License as required herein. c.xcept individuals involved in anv animal-related business. Individuals involved in the business of selling, boarding, breeding, treating, or grooming ani^' Is must receive a Commercial Kennel License. Animals which have been specially trained and certified to perform certain tasks such as for handicapped, police K-9s. search and rescue, and other designated working animals are not counted in this requirement, nor arc animals that are part of anv registered foster parent program. Scctioii 9. This ordinance shall be published in the City ’s official newspaper and shall be effective upon publication. Adopted by the City Council of Orono on this 22nd day of October. 2001 by a ve'e of _ayes and___nays. ATfEST: Barbara A. Peterson, Mayor Linda S.Vcc. City Clerk i I A ♦ 4 5 5.35 D. Thfi Council, in the interest^ healthful and sanitarVonditions in the riqht to specify and asH^n certain areas to>arn licensees, limit the number of licen^s issued. b.fore a garbage'and* duJinT’thi a schedule of proposed rat»T^ be charged by him consider suirfipetition and make new rates e'f^^tive ^ ^ j,y SrUce^i^ha'^Ll charge rates in excess of t^JK^ates approved by the Cqulicil. SBC. 5.36.K^MEW. ^XIS77^C:> ^ATiiMAAjdtr Subd. 1. Definitions. For Che purpose of this Section, the following terms shall have the meanings stated: A. "Commercial Kennel" means a °/ P/'hoised “HHSrSs-S; B -Residential Kennel" means an accessory resi- r "Kennel Structure" means a dog house or enclo- !"n*g To ror.tXi"f.‘et « more*Ver dSg^hall .:o" be defined as a kennel structure. subd. 2. License R*<iui«d. “,^i%“\V*l“sl“in/‘lcen!;2r i:”a^^‘“pr*o^"ertT"Vhour'a "rL"^‘n« %^e^eS*«^r*om the ’^City in accordance with this Section. ORONO CC (4-1-84) valid commercial kennel license. S 5.i6 r' ^11 I ll C. It is unlawful for any person to construct, keep, maintain or use a kennel structure for one or more dogs without a valid residential or commercial kennel license, except that kennel structures used for not more than two dogs over six months of age need not be licensed if said kennel located in a side or rear yard and is not less than thirty (30) feet away from any property line. Subd. 3. License Period. All kennel licenses shall thirty (30) days prior to the expiration Adopted: 1-23-89 Subd. 4. Kennel License Standards. All kennel licenses are permissive only, granting limited authority to according to the provisions of each license. Kennel xicense y to, location in the City, zoning, lot size, existing or proposed kennel facilities including vocation ^ lot, kennel maintenance, sanitation, and any previous dog license violations by the applicant such „^®fP^"^t-large S? animals, nuisance complaints, excessive noise, running at large or commercial activities occurring at a residential kennel. Subd. 5. Residential Kennel License Standards and Requirements. Residentic.. kennel licenses are intended as a special privilege to be granted upon a showing that the keeping o than the normal two dogs, and/or a kennel structure vocation not be 1 pubUc nuisance or otherwise adversely persons or property. The Council shall have the authority to ?he inaxlmum number of dogs )<ept at f upon the Itenne; standards listed in Subdivision *. kennel license shall be granted unless the property contains proper kennel structure or is otherwise fenced to Pf from running at-large. Nothing in tnis Chapter shall preclude the breeding of^licensed dogs kept at J^’l®""®^Vhe®offsoring, the occasional sale of licensed dogs, or the private groc*ing,^ training or medical care of such dogs on the premises. subd. 6. Commercial Kennel ''‘ = •5*?. “JvRMutrements New commercial kennel licenses shalx be issued only on neighboring properties. ORONO CC (4-1-84) J ^•2. ORDINANCE NO. 137, 2ND SERIES AN ORDINANCE REPEALLNG ORDINANCE NO. 9.12. DOG REGULATION AND LICENSING ADOPTED 4/1/84; ORDINANCE 57, 2.ND SERIES ADOPTED 8/22/88; ORDINANCE 60, 2ND SERIES ADOPTED 11/14/88; ORDINANCE 93, 2ND SERIES ADOPTED 4/22/91; AND ORDINANCE NO. 133, 2ND SERIES ADOPTED 3/13/95. The City Council of Orono ordains: Repeal. Ordinance 9.12 adopted 4/1/84; Ordinance 57, 2nd Series adopted 8/22/88; Ordinance 60. 2nd Series adopted 11/14/88; Ordinance 93. 2nd Series adopted 4/22/91 and Ordinance 133, 2nd Series adopted 3/13/95 are hereby repealed and replaced with the following language. SEC. 9.12. DOG REGULATION A.ND LICENSING. Subd. 1. Definition. For the purpose of this Section, "owner" means a person who owns, harbors, feeds, boards or keeps a dog. Subd. 2. Running at Large and Biting Dogs Prohibited. It is unlawful for the owner of any dog to permit such animal to run at large. Any dog shall be deemed to be running at large with the permission of the owner unless: A. It is on a durable leash secured to an object which it cannot move and is on the premises of the owner. B. On a leash and under the control or within 10 feet and under the effective command of the accompanying person of suitable age and discretion. C. In the owners* fenced yard or other suitable enclosure where the dog cannot leave without human assistance. D. In the owners’ yard and under effective command of an accompanying person of suitable age and discretion present outside in the yard. E. In a vehicle from which the dog cannot leave without human assistance provided it is not left unattended in violation of Minnesota Stanites. Any dog having bitten a person or other animal, shall be forthwith impounded for the period of incubation. Subd. 3. License Required. It is unlawful for the owner of any dog, six months I i I of age or more, to fail to obtain a license therefor from the City, except as follows: A. Dogs conrmed to a City licensed commercial kennel need not be individually licensed. B. Dogs confined to a City licensed residential kennel shall be individually licensed but need not wear the license tag while they are confined in the kennel. C. Dogs currcnily licensed by another jurisdiction may be temporarily kept in the City for a period not to e.xceed thirty days provided the dog wears a tag or other identification from such licensing jurisdiction, and provided that the current City licer: c is obtained if the temporary stay extends beyond thirty days or otherwise becomes permanent. Dogs licensed by other jurisdictions are not exempt from the kennel licensing requirements or from any other provision of this Section. Subd. 4. Application. All licenses shall be issued by the City and applications therefore shall be accompanied by a certificate bsued by a veterinarian licensed to pidCtice in the State of Minnesota, showing that the dog is vaccinated against rabies for the duration of the applied for license. Should the rabies vaccination expire prior to the full term of the license, the owner is responsible for updating such vaccination. No more than two dog licenses shall be issued to any one person or for any one lot. property or address at any one time unless there shall first liave been issued a current residential or commercial kennel license for said person, lot property or address. Subd. 5. Fees. All licenses and impounding fees provided for in this Section shall be issued onl ’' upon payment in full of fees fixed and determined in accordance w ith City Code Section 1.05. License fees shall be due for the full two-year license period except that licenses Issued in even-numbered years nuy be prorated to one-half of the two-year license fee. No other prorating shall be permitted. Subd. 6. Tag Required. Ali licensed dogs shall wear a collar and have a tag firmly affixed thereto evidencing such license for the current year. A duplicate for a lost tag may be issued by the City upon presentation of the receipt showing the payment of the license fee for the current license period, and payment of the fee for a duplicate license. Tags shall not be transferable, and no refund shall be made on any dog license fee because of leaving the City or death of the dog before the expiration of the license. Subd. 7. License Period. All dog licenses shall be issued and be valid for the whole or unexpired portion of two year periods beginning on January 1 of each odd-numbered year. All dog licenses regardless of the date of issuance shall expire on December 31 of each evcn-nurabcrcd year. Dog owners shall apply for license renewal prior to the license expiration date. Subd. 8. Notice of Impounding. Upon the impounding of any dog, the ownc- shall be notified, or if the owner is unknown, written notice shall be posted for five days at the City Hall describing the dog and the place and time of taking. Subd. 9. Release From Animal Pound. Dogs shall be released to their owners. as follows: A. If such dog is owned by a resident of the City, after purchase of a license as aforesaid, and payment of the impounding fees. D. If such dog is owned b a person not a resident of the City, after immunization of any such dog for rabies, and pay .'ni of the impounding fee for the period for which the dog -was impounded. Subd. 10. Animal Pound. Any dog found in the City w ithout a tag, or animal running at large, shall be placed in the Animal Pound, and an accurate record of the time and such placement shall be kept on each animal. Every animal so placed in the Animal Pound shall be held for redemption by the owner for a period of not less than ten regular business days unless a veterinarian authorizes its immediate destruction. A’regular business day" is one during which the pound is open for business to the public for at least four hours between 8:00 o ’clock A.M. and 7:00 o ’clock P.M. Impoundment records shall be preserved for a minimum of three (3) years and shall show (1) the description of the animal by specie, breed, sex, approximate age. and other distinguishing trails; (2) the location at which the animal was seized; (3) the date of seizure; (4) the name and address of the person from whom any animal three months of age or over was received; and, (5) the name and address of the person to whom any animal three months or age or over was transferred. If unclaimed, such animal shall be humanely de.stroyed and the carcass disposed of, unless it is requested by a licensed educational or scientific institution under authority of Minnesota Statutes, Section 35.71. Provided, however, that if a tag affi.xcd to the animal, or a sutement by the animal’s owner after seizure specifics that the animal should not be used for research such animal shall not be made available to any such institution but may be destroyed after the expiration of the ten day period. Animals raised for food or fiber products shall not be seized or disposed of without prior examination by a licensed veterinarian pursuant to a warrant issued by a judge. Su' d 11. 0th *r unlaw ful Acts. It is unlawful for the owner of any dog to; (1) fail to ha*. .* the he-nse tag is-ucd by the City firmly attached to a collar worn at all times by the licensed dog. or (2) own or keep a dog which is dangerous (any such dog which has caused injury to persons or property shall be deemed "dangerous:), or (3) interfere with any police officer, or oiher City employee, in the performance of their duly to enforce this Section, or (4) fail to prevent dog from defecating in or upon public property or the premises of another, or (5) permit solid waste of a dog to accumulate on owners premises for more than twenr>-four hours. Subd. 12. Immobilization of Dogs. For the puq>ose of enforcement of this Section any Animal Control Officer or law enforcement office: may use a so-called tranquilizer L gun or other instrument for the purpose of immobilizing and catching a dog. Subd. 13. Warning of Vicious Etogs. The owner of any dog known to be of vicious habits shall place in plain view of the entrance to their premises a sign no smaller than 12 inches by 14 inches which shall read: "Beware of Vicious Dog" in letters at least 2 inches in height. Subd. 14. Noise. A. Disturbing Peace and Quiet. No person owning, operating, having charge of, or occupying, any building or premises shall keep or allow to be kept any animal which shall, by any noise unreasonably disnirb the peace and quiet of any person in the vicinity. The phrase "unreasonably disturb the peace and quiet" shall include, but is not limited to, the creation of any noise by any animal which can be heard by any person, including the Animal Control Officer or law enforcement officer, from a location outside of the building or premises where the animal is being kept and which animal noise occurs repeatedly over at least a five minute period of time with one minute or less lapse or time between each animal noise during the five minute period. B. Complaint. Any person may call or deliver a complaint to the Animal Control Officer stating facts and circumstances of an alleged violation of this Subsection. The Animal Control Officer shall investigate such complaint. If a violation occurs in the presence of the Animal Control Officer, a summons may be issued. If probable cause of a violation exists, which violation did not occur in the presence of the Animal Control Officer, all reports, witness statements and evidence may be submitted to the City Prosecuting Attorney for a formal complaint. This ordinance becomes effective from and after is passage and publication. Passed by the Council the 24th day of July, 1995. Edward J. Callahih, Jr., Mayor tlor<f!hy M. I(amn, City Clerk 071WS.2 Published in the Laker and Pioneer newspapers the week . ^ August 7, 1995 A RESOLUTION FOR THE COLLECTION OF DELINQUENT 2001 SEWER AND WATER UTILITY SERVICE CHARGES* RECYCLING PROGRAM FEES, ANNUAL SERVICE CHARGES FOR THE ON-SITE SEWAGE TREATMENT (SEPTIC) INSPECTION PROGRAM, AND GENERAL SERVICE FEES Wlirrcas, the City Council of the City ofOrono, Minnesota has enacted certain ordinances imder Minnesota Statutes, therefore pursuant to Chapter 3. Chapter 12. Chapter 9. and Chapter 10, Orono City Code pertaining to payment and collection ofscweraiKl \%’ater charges and annual service charges for recycling and the on-site sewTige treatment (septic) inspection program, and false alarm fees, and developers improvement fees; and Whereas, the charges identified in the attached list of properties are delinquent in nature; and Whereas, the City has obtained from the Hennepin County Auditor, levy number 15287 for the delinquent accounts; and Whereas, the City hereby authorizes and directs the Hennepin County Auditor to extend upon the property tax lists of the County and further collect said assessments thcreoru as provided by law; and Whereas, the City hereby authorizes and directs the Hennepin County Auditor to add eight percent (8%) interest, as directed, to all amounts due. Therefore, Be It Resolved, that the City Council of the City of Orono. Minnesota hereby authorizes and directs the County Auditor of Hennepin County to assess properties identified in the attached list, made a port hereof, for the amounts of delinquent utilities/fees appearing along with such properties, plus eight percent (8%) interest added as directed. Said amounts to be collected along witli property taxes collected in 2002. Adopted by the City Council of the City of Orono. Minnesota at a regular meeting held on October 22.2001. ATTEST: Lindas. Vcc. City Clerk Barbara A. Peterson, Mayor MW4KMKUMKA us Page I of 1 2001/2002 PA YABLE CERTIFICA TION PIN /Irrowf/Amount ServiceAddrt%%Name 0211723210004 2 7008000-5 286 75 80 SMITH AVE MCMILLAN TAMMIS 0211723210019 4 70145410-5 83 06 145 SMITH AVE CAMPBELL. BETH ANN 0211723240003 4 5028000-3 83 08 280 ORONO ORCHARD RD S RAICHE. VICTORIA H 0211723310011 2 50570001 383 38 570 OROHO ORCHARD RD S HAWKINSON. ROGER J 0211723310019 2 21340006 372 64 1340 FOX ST LITW1N. ALLAN N 0211723310028 2 40530005 383 38 539 KEENE AVE PAINE. BEVERLY 0211723310038 2 30520000 110 02 520 HANLON AVE KONRAD KRUGER 0211723310009 2 2129V0O1 104 19 1295 DICKENSON ST HAGE. SCOTT A 0211723310047 4 50450008 83 08 450 ORONO ORCHARD RD S GARNETT. KEVEN 0211723430028 2 21165005 383 38 1165 FERNDALE RD W BOWMAN II. BRADLEY C 0311723340001 4 10775008 93 08 775 BROWN RD S PETERSON CMARLES6JANET 0311723340023 4 82095004 83 08 2095 WEBBER HILLS RD LLOYD. AMY J 0411723110011 4 12565009 83 06 2565 COUNTRYSIDE DR MICH. THOMAS B 0411723210003 4 82845005 83 06 2845 WATERTOWN RD KNAPPEN8ERGER. SW 6 GM 04117232:-0003 2 63195000 383 38 3195 WATERTOWN RD RITTER. THOMAS C 0411723220020 2 10180006 250 45 160 CYGNET PL J OLSON/ P DA BERNAROI 0411723220026 2 40200006 38318 200 LEAF ST BELLAMY. LOUIS R 0411723230010 2 40400000 258 91 400 LEAF ST RYAN. ROBERT A 0511723120021 4 13485-007 83 08 3485 CHRISTINE DR HAGBERO. CARLTON 0511723130032 2 23405-006 288 75 3405 EASTLAKE ST KRONHOLM. MARK 0511723130052 2 23415-00 9 288 75 3415EASTLAKE ST RESIDENT. CURRENT/OWNER 0511723140019 0 '0235001 29 95 235 CRESTVIEWAVE STEPHEN ANDERSON 0511723140029 2 70230004 112 87 230 TONKA AVE RESIDENT. CURRENT 0511723140030 2 10315002 28815 315 CRESTVIEWAVE CLIPPER. CHRISTOPHER 0511723140039 2 70340004 104 25 340 TONKA AVE SKEIE. PATRICK J 0511723210023 2 1375000-4 363 36 3750 BAYSIDE RD VALERIUS. GARY 0511723230013 2 60340007 363 36 340 WESTLAKE ST HARRER. TIMOTHY R 0511723230040 2 60309004 363 38 309 WESTLAKE ST PERL. GREGG S. 0611723220019 4 1477500-4 83 08 4775 BAYSIDE RD EVAN. MELVIN 0611723230004 4 50330005 83 06 330 NORTH SHORE DR W LINOEEN. KRISTIAN R 0611723330004 4 64700009 83 06 4700 WEST BRANCH RO KRAHL. JACKD 0611723413060 2 24100009 201 13 4100 ELM ST CARROLL. THOMAS P. 0611723410104 2 54061-006 194 12 4081 OAK ST WINOERO. WILLIAM A. 0711723120012 0 20635006 16 98 635 FOREST ARMS LA BRE6JEN REMENSCHNEiOER 0711723120019 2 20945006 363 38 945 FOREST ARMS LA OOTTSCHALK. MICHAEL K 0711723140018 2 51055004 383 38 1055 NORTH ARM OR DAHL. RONALDO 0711723140020 2 51015002 383 38 1015 NORTH ARM OR CONRAD. RONALD C 0711723140023 0 21101-003 55969 1101 ELMWOOD AVE CURRENT OWNER 0711723140060 2 51169006 383 38 1169 NORTH ARM DR ROE8LER KRtSn 0711723140063 2 21121-009 383 36 1121 EUMOOOAVE JAYNES. TIM 0711723220016 4 64701-000 83 06 4701 WEST BRANCH RO TRAPP. ROBERT L PIN Account Amount Ser\'iccAildre%M Name tot 1723310050 2 113954X>-5 383 38 1395 40WNR0S XALEY. PHILIP E 1011723310072 2 112454)0-3 383 38 1245 ARBOR ST BOLOINGH.X)HNM 1511723210004 4 720604)0-7 83 06 2060 SHORELINE OR PETERSON. JAMES H 1611723220003 2 117004)0-1 288 75 1700 BOHNS PT RO OWENS. ROBERT H 1711723210014 1 71650007 264 48 1650 SHAOYWOOO RO NASH. KRISTINE 1711723220025 1 11800006 314 43 1800 CONCORDIA ST HANSEN. PAUL 0 1711723220026 1 11750006 272 24 1750 CONCORDIA ST BOZONIE. PAUL J 1711723220029 1 217554)04 27142 1755 EAGERNESS PT RO BOZOME. PAUL J 1711723230017 1 11940007 490 64 1940 CONCORDIA ST THOMPSON. ERIKA 1711723230019 1 216254)02 271 42 1825 EAGERNESS PT RO BOZONIE. PAUL J 1711723240016 1 71640008 588 48 1840 SHAUYWOOO RO BOSTON. BRAOLEY T 1711723240025 1 719724)08 1.328 38 1972 SHAOYWOOO RO HOLMLUNO. TIMOTHY 1711723240026 1 719784)02 441 24 1976 SHAOYWOOO RO HOLMLUNO. TIM 1711723:10030 1 73660008 527 58 3660 TOGO RO LARSON. DONOVAN 1711723310034 1 736454)07 594 32 3645 TOGO RO REEO. REBECCA 1711723310040 1 737654)00 45600 3765 TOGO f.O PRAHM. MICHAEL H 1711723310041 1 72100006 799 21 2100 SHAOYWOOO RO LBERTSON. ROBERT V 1711723310050 1 737254)08 492 96 3725 TOGO RO BARTH. JAMES 1711723340034 1 43690006 650 27 3690 LYRIC AVE LAGIESKl. JOHN J 1711723410004 1 421624)07 382 31 2162 KENWOOO WAY MARKUSEN. PAUL 1711723410024 0 13355001 26 56 3355 CRYSTAL BAY RO ELLEN OEEHAVEN 1711723410028 1 42180001 139 64 2180 KENWOOO WAY COPELAND. JULIE R 1711723430002 1 72296006 152 17 2296 SHAOYWOOO RO 0AVK3 EICH 1711723430006 1 134494)09 577 09 3449 CRYSTAL PL EL MATTSON 1711723430011 0 13485007 125 94 3485 CRYSTAL PL DENISE DICKEY 1711723430044 1 43525005 596 12 3525 LIVINGSTON AVE SOBERG/PUGH 1711723430056 1 435364)09 5.31 90 3536 LYRIC AVE HENKE. CHARLES L 1711723430062 1 434334)09 67 73 3433 LIVINGSTON AVE KLEMAN. JEFFREY A 1711723430074 1 434724)1-3 63 66 3472 LYRIC AVE GLEASON. JAMES E 1711723430076 1 434444)1-6 689 86 3444 LYRIC AVE MIHELSTAEOT. FRANK L 1711723430067 1 434734)1-4 596 03 3473 LYRIC AVE FLYNN. TOM C 1711723430095 1 734684)02 509 98 3466 SHORELINE OR HOLMAN. SANDRA 1711723430098 1 734124)1-4 1.192 28 3412 SHORELINE OR GERM-TOM PARTNERSHIP 1711723430104 1 435514)2-6 553 11 3551 LYRIC AVE HARRISON. ANITA L 1711723430120 1 13435002 536 14 3435 CRYSTAL BAY RO BROWN. SCOTT A 1711723430122 1 134474)07 372 72 3447 CRYSTAL BAY RO MARTIN. TOOOC 1711723430124 1 722644)05 81385 2264 SHAOYWOOO RO SAVOIE. ROB 1711723430129 1 72237-009 396 62 2237 SHAOYWOOO RO KANTOLA. TRACY L 1711723430132 1 722134)09 402 12 2213 SHAOYWOOO RO SCHILTGEN. RICHARD L 1711723430134 1 72199002 221 59 2199 SHAOYWOOO RO REESE. COLLW F 171172343C138 1 5359001-7 103 75 3590 NORTHERN AVE HUNTER DEANW 1711723440033 1 12305007 58148 2305BAYVCWPL BLOCK. GEI^H 1711723440060 1 53324-003 496 97 3324 NAVARRE LA SMITH. CURTIS 1711723440074 1 723244)00 497 66 2324 SHAOYWOOO RO HAEFNER. RICHARD J 1711723440090 1 43265-002 323 71 3285 LAFAYETTE RIOOE CT LACEY SR, CARL E 1711723440096 1 12300002 743 78 2300BAYVIEWPL BELCOURT. JASONA WeAutiay, OctaUr 17.2001 PtigtJo/S PIN Account Anwunt ScrviccAtldrc%%Name 171172M40I06 1 72308-00^281 41 2308 SHADYWOOO RD HENDERSON. PHYLLIS 1811723140008 0 21973-00-2 11782 1973 FAGERNESS PT RD MANLEY BROS 1811723140008 1 21973-00-2 348 92 1973 FAGERNESS PT RO CONST. MANLEY BROS 2011723110031 1 7246^004)635 25 2465 SHAOrWOOD RD 1ST NAT BANK NAVARRE 2011723120014 1 12447-004 1.047 87 2447 CARMAN ST ANDERSON. TERRY A 2011723120021 1 12454-004 622 16 2454 CASCO PT RO ROBERTS. JOHN C 2011723120022 1 124284a3 285 71 2428 CASCO PT RD SKORO. STEPHEN J 2011723120054 1 42503^004 82011 2503 KELLY AVE KUPfER. JOHN 2011723140007 1 42897-00 6 481 94 2697 KEUY AVE MARTIGNETTI. EUGENE A 2011723210024 1 2258040-3 669 61 2580 OUNWOOOY AVE NAFUS JOHN A 2011723220002 1 73935-00-5 674 53 3935 SHORELINE OR BEDELL. JAMES 0 2011723220005 1 73915-00-9 544 46 3915 SHORELINE DR KONRAD KRUGER 2011723240013 1 22700-00-3 657 37 2700 ETHEL AVE JENSEN. CURTIS R 2011723310010 1 13759-00-3 581 48 3759 CASCO AVE MADDEN. BRUCE D 2011723310038 1 12990-00-1 299 07 2990 CASCO PT RO PEKARIK JR. EDWARD 2011723310055 1 12917-00-4 620 30 2917 CASCO PT RO BULLOCK. LORI 2011723320015 1 1280540-2 809 20 2805 CASCO PT RO FROMMELT ROGER H 2011723430022 1 1320540-9 577 16 3205 CASCO CIR CONISTON ESTATES INC. 2011723430035 1 1304040-2 702 44 3040 CASCO PT RO MOGAN. JOHNH 20n 723430043 1 13277-00-2 645 69 3277 CASCO CIR CEINERT LEE 2011723430053 1 13271-004 492 96 3271 CASCO CIR NEUVILLE . PATRICK J 2011723430054 1 13273404 599 74 327363509 CASCO COX LEISEL 2111723210004 1 52665404 604 75 2665 MAPLER1DGE LA SMOOT III. CHARLES H 2111723220008 1 5253040-7 740 80 2530 OLD BEACH RO PARTRIDGE-STAU8LY. LAUREL 2111723230001 0 4276540-2 1708 2765 KELLY AVE ALAIN-BINA KASHANI 2111723230033 1 4270041-2 375 72 2700 KELLY AVE RICE. RICHARD B 2111723240003 1 7270540-3 1.452 16 2705 SHADYWOOO RO FOX. GAYLORD O 2111723240054 1 7278540-7 351 32 2785 SHADYWOOO RD CASEY. THOMAS J 2111723240065 1 72740-004 683 87 2740 SHADYWOOO RO PAGONIS ELAINE T. 21*1723320002 1 6279540-7 603 20 2795 PHEASANT RO DOSSETT. ROYAL J 2211723310029 4 105704a9 60 00 570 BIG ISLAND ROBB. SELOEN 2211723310032 4 1062040-1 60 00 620 BIG ISLAND HILL, WEBSTER A 2211723310033 4 10610404 60 00 610 BIG ISLAND J LAPPING. THOAAAS 2311723220009 4 1075040-7 60 00 750 BIG ISLAND DEGGENOORF. JEANA 2311723220018 4 10120404 60 00 120 BIO ISLAND URAN. JOHNO 2311723230031 4 1014040-2 60 00 140 BIG ISLAND URAN. JOHNO 2311723230033 4 10230404 60 00 230 BIG ISLAND HALTS. MRS FRED 2311723320002 4 10480409 6000 460 BIG ISLAND BIG ISLAND PROPERTIES 2311723320027 4 10300404 6000 300 BIG ISLAND KELLOGG. OANCL 2511823440015 4 30200403 83 08 200 HOLLANDER RO HOLLANDER. JOHN M 2811823310004 4 71300401 83 06 1300 SIXTH AVE N SHEEHAN. JOHN R 2811823330019 2 20880404 203 23 880 DAKOTA AVE HARRISON. TIMOTHY J 2811823330023 2 20910402 383 38 910 DAKOTA AVE STEINKE. THOMAS A 2811823330024 2 20930004 423 38 930 DAKOTA AVE ODEAN. THOMAS C 2711823330007 4 20744401 83 06 744 DICKEY LAKE DR PETTIS. GERALD L 2711823340004 2 10879409 280 58 879BROWN RON READ. DEREK OcM*<r /7.2M PIN Account Amount ScrviceAddrcss Nome 2711S23420005 2 110604XH)268 75 1060 BROMN RON LUCAS. JOSEPH R 2711B2M20010 2 4184000-0 423 36 1640 LAKEVIEW TER MERNIK. WILLIAM 2. 2711B2M20015 4 4188S<XM>6306 1865 LAKEVIEW TER ASKE. KARL R 2711823490022 4 8199000-3 63 08 1990 WEST FARM RO BRACHUAN. ARMANO E. 2811823330014 4 4317500-2 6308 3175 JAMESTOWN RO AV^S. MICHAEL 2811823330015 4 43050004 8308 3050 JAMESTOWN RO PAGE. JUUE M 2811823410003 4 72450002 93 08 2450 SIXTH AVE N BOULEY. STEVEN J 2011823410005 4 73240004 83 08 3240 SIXTH AVEN MORSETH. DANIEL K 2011823440001 4 73225003 63 08 3225 SIXTH AVE N HEUPEU NEIL C 3011823330004 4 14700008 63 08 4700 CREEKWOOO TRAIL VERNOR. JAMES 3011823330005 4 14080005 83 08 4680CREEKWOOOTR ONEILL. JAMES F 3111823110010 4 30760006 63 08 760 HUNT FARM RO MARTIN. JEFFREY J 3111823120011 4 74360000 63 08 4360 SIXTH AVE N FLIES JR. DONALD 3111823140008 4 5050502-1 63 08 505 ORCHARD PARK RO ALLSHOUSE. CRAIG 3111823210003 4 84560003 83 08 4560 WATERTOWN RO NELSON, KIP A 3111823240001 4 64480002 63 06 4480 WATERTOVm RO SWEE20. TIMOTHY M 3111823340012 4 14440009 63 06 4440BAYSIOERO THOMAS. BRAD N 3111823410005 4 64065009 63 08 4065 WATERTOWN RO C DALE7G PAULSON 3111823420009 4 14325001 83 08 4325CH8>PEWALA SCHULTZ. OAMEL P 3211823210005 4 70605006 63 08 605STUBBS BAY RON KROGNESS. STEPHEN M 3211823220003 4 73825005 63 06 3625 SIXTH AVEN ALEXANDER IRCHAELA 3211823320001 4 83940000 83 08 3940 WATERTOWN RO MEUN. JEFFREY V 3211823440009 4 63405004 83 08 3405 WATERTOWN RO ESKOLA. SCOTT E 3311823130002 1 82665003 388 24 2685WAYZATABLVD FLAMNGO WIRE COMPANY 3311823130011 1 82785000 556 17 2785WAYZATABLVD MILLER. JOHN 3311823440019 2 82460004 283 36 2460WATERTOVWIRO RICHARD WAGMAN 3311823440023 2 30096002 478 01 96HACKBERRYHIU SIFORO. RUBY L 3411823210010 1 72003002 356 69 2003SUOARWOOOOR SHANNON READ 3511823430023 4 41160002 83 08 1180 LYMAN AVE TRANSPORTATION. DEPT OF 68.206 53 WtAnnd^,0mherl7, mt L *»cpT\NQ XT 2 2 2001 CITY OF OHONO Department Approval: Name Lin Vee Title Cily Clerk REQUEST FOR COUNCIL ACTION DATE: October 17.2001 ITEM NO: Administrator Reviewed:Agenda Section: City Adminutratur’s Report Item Description: Request for Rcptnccmcnt of Analog Telephone Lines with T-1 Line Background The current telephone system was upgraded in February of 1999 with installation and equipment provided by McLeixl USA. The system is designed with 9 incoming analog lines with service provided by Qwest, and 8 outgoing analog lines .vith service provided by the State of Minnesota. Although the system has been adequate to handle the phone usage, the following complaints have been received: Occasionally calls ore cut-off in mid-conversation. Shrill noises on some incoming calls make the calls unanswerable. - Outside callers have commented on the amount of time it takes to connect to the City when they are dialing in. Both Qwest, the line and service provider, and McLeod, the equipment provider, have researched the problems and have been unable to determine a satisfactory’ solution to-date. McLeod USA now has T-1 line capabilities available in the area and has proposed the installation of a PKI T-l telephone environment. T-1 Line Advantages lire T-1 line would provide up to 24 channels that would handle both incoming and outgoing calls. McLeod USA has dctemiincd that 12 channels would be sunicient to handle the City's current needs. Following is a summary of the advantages of the T-1 environment: 1. Caller ID capabilities. 2. Options for expansion of voice and'or data transmission in lire future wiili tlie availability of 12 additional channels. 3. Belter utih/jition of trunk lines. 4. No Federal access charges as McLeod US.*\ is not reselling Qwest lines. 5. Increased efficiency as less time is required for ouidial colls and connections for incoming calls. 6. Monthly cost savings. 7. Problems w ith cut-off conversations and shrill noises w ill be resolved. Request for Council Action continued Page 2 October 17.2001 Request for Replacement of Analog Telephone Lines with T-1 Line r.f * 8. McLeod USA offers the following guarantees: 120 days of risk-free service. If the City is not satisfied and the problem cannot be fixed within 30 days, then McLeod USA will pay to switch back to current providers. Rates will not increase as along as the City is a customer. McLeod USA will match all competitive offers for os long as the City is a customer or McLeod USA will release the City from the Agreement. Costs Conversion from the cuirent analog system to the T-1 environment requires the purchase of some additional equipment and installation costs in the amount of S3.627.07. McLeod L'S.\ has agreed to credit the City for S3,000 towards the monthly service costs, leaving a balance of S627.07 in equipment costs. These costs will be recovered in less that a year through monthly savings over the current environment (see table below).. The current telephone environment results in monthly charges of approximately $805.15. McLeinl USA has proposed two options for pricing of monthly charges. If the City agrees to a 3-year contract, the monthly charge would be S723.75. If the City agrees to a 5-year contract, the monthly charge would be $652.75. The table below summari/es these charges. Current Environment 3-vear Contract 5-vear Contract Monthly Charges S805.15 S723.75 $652.75 Savings/month S81.40 $152.40 'ITic City will continue to maintain 8 analog lines outside the T-1 environment for emergency purposes and specific police and public safety needs. These lines have not been included in the current monthly phone charges. Service will be prov ided through the State of Minnesota at reduced rates. Recommendation Staff recommends the purchase of equipment and installation of a PRI T-1 line to provide monthly telephone service to the City. COUNCIL ACITON REQUESTED: Motion to approve the purchase of equipment and installation of a PRI T-1 line to provide monthly telephone service to the City at a cost of S3.627.07, with a credit of S3.000 towards monthly service charges: and to authorize the City Administrator to sign a 5-yeor service agreement with a monthly serv ice charge of S652.75. OCT 22 20W QTYOFORC3NOREQUEST FOR COUNCIL ACTION DATE; October 16,2001 ITEM NO:^7 Dcpartmcal Approval: Nine Lin Vet TUk City Clerk Adnfaibtrator Reviewed: ifHem Dcscriplioo: List of Licenses for Council Approval There are no licenses. Agenda Secllon: Licenses CITY OF ORONO Check Detail Regieter OCT 2 2 200T Fnday. October 19. 2001 cn t ur OHONO p«g« 1 on 1 Chech Amt Imrolce Comment 10100 PrtmMyCesh 10/29/2001 ANCHOR PA^RpMlChk# 0^2162 E10M1900-201 0«KcaM«>phee Total ANCHOR PAPER S80913 134051X1 S60913 Copy Paper TSdCihkfTSTJlSS 10/29/2001 ARNiSON. XOHUA E 101-42110-437 Trairuflg ft Oevelopmeni ToUl ARNESON. JOSHUA $95 24 10/12AM $95 24 Refie«hments-EMT Training ^aidChka 072164 10/29/2001 ARNOLD ft RYE PRINTING E 101-41900-352 Pnnting ft Publishing Tout ARNOLD ft RYE PRINTING $1.585 79 4606 $1,585 79 32X Newsletters PaidChlai 072165 10/29/200 1 BEAUCHENE MAIUNO E 101-41900-352 Pnnbng A Pubhshmg Total BEAUCHENC MAIUNO $33125 626 $331 25 NewsiettarMaAng PatdChh* 072166 tOi/ift/2001 BIFFfSiir E 101-45200-415 Other EqiMpment Rentals E 101-45200-415 Other Equpmeni Rentals E 101-45200-415 Other Equipment Rentals E 613-49830-415 Other Equpmeni Rentals E 101-45200-415 Other Eqopment Rentals Tout BIFFS INC. $140 52 W14I909 $140 52 W141910 $140 52 W141911 $8091 W141912 $70 26 W141913 $572 73 Portable • Bwlenwott Portable - Summit Beach Portable - Hacfcberry Portable-GC Portable - Navarre Prh V>aid Chk<r~572 '^67 10/29/2001 BLACKOWIAK ft SON E 101-41900-404 Repairs/Maint-DldgsX>'ounds E 101-5200-404 Repan/Mant-Bidgs/Orounds E 613-49830-404 RepatfsAtant-BUgs/Orountts E 101-45200-404 Repa sAtaail-Bldgs/Grountts E 101-45200-404 RepavsAAaait-Blbgs/Grounds E 101-45200-404 Rapaas/Maait-Bldgs/Grountfs Total BLACKOWUK ft SON $349 52 $157 80 $72 33 $157 M $85 75 $12 81 $816 01 10106243 10106261 10106281 10106323 10106X7 10106362 Waste Servee 9/2001 Waste Servee 9/2001 Waste Servee 9/2001 Waste Servee 9/2001 Waste Servee 9/2001 Waste Servee ftTOOl TaKtChka 072168 10/29/2001 BUDGET PRINTING E 101-42110-322 Postage E 101-42110-221 Equipment Parts ft Accessories Office supplies Office supplies Total BUDGET PRINTING E 101-42110-201 E 101-42110-201 $5 43 10/8rt)1 $78 61 17525 $29 X 17647 $184 25 17691 $297 99 Shppmg to BCA No Parhing Signs Methcal/Alann Reports ICR Forms PaPChka 072169 10/29/2001 BUFFALOWTUMINOUS INC. E 406^8714-590 Street Construction $30 4X 00 10M E 101-43000-406 Contracted Street Mamt $93.118 27 1056 Total BUFFALO BnUMmOUS INC. $123 568 27 2001 Street Overlays 2001 Street Overlays PantChha 072170 10/29/2001 CHAMPION AUTO STORES E 101-43000-222 Vehete EquipmenI A Parts $X39 D109770 Total CHAMPION AUTO STORES $J9 39 10/29/ib01 CULLIGAN Supphes • F710 PaidChka 072171 i: Ji 1 CITY OF ORONO Check Detail Register Friday Octobar 19. 2001 F*8«2oin Cbeck Amt Invoice Comment E612-499XM03 Rcpa^i.'Mamt Misc Equip 562 20 9083676 Soilener Service Total CUCUGAN $62 20 PadCIMT 072172 10/29/2001 CUMMINS AILISON E 101-42110-201 Omoatuppl««$136 17 262109 Bags-Piasbc Total CUMMINS ALUSON $13617 ^aid6iiui 072173 1^29.2001 DALBEC ROOfINO E 101-41900-404 RapatfVMamt Bldg&Graunds $372 00 30491 Repair Leak CH Roof Total OALBEC ROOFINO S372 OO Pad CUM 072174 10/29/2001 bCA - VMRE ONLY 0101-21719 OCA/Spwding Accounts $595 74 10/15/01 Spending Accts -10/15/01 ToUl OCA-WIRE ONLY 5595 74 Pad CUM 072175 10/292001 DELTA DENTAL 0 101-21709 Denial Insurance $1 24915 3343274 OenUI Premiums • 11/2001 Total DELTA DENTAL $1,249 15 Pad CHk« 072176 10/297001 DEPT OF ADM • INTERTECH GROUP E 101-42110-311 Data Processing Convnunication 537 00 OV0106117 PVC Circuit - 8«1 Total DEPT OF ADM - INTERTECH GROUP 537 00 >>ad(!;hka 072177 10/29/2001 DOBOS E 101-41300-489 Olher Miscellaneous C harges $34 50 3666 Bagels 9-6/01 ToUl DOBO-S $34 50 Pad Chhi 072178 10/29/2001 ELDREDGE TRADING. INC E 61 3-49830-226 Clothing 6 personal equipment $190 24 5202 Staff Shirts ToUl ELDREDGE TRADING, INC $190 24 Pad bhiiv 072179 10/29-2001 EMERGENCY AUTOMOTIVE TECH INC E 101-42110-403 Repaus'Mamt Misc Equp 5132 93 9435 Strobe Repairs - ai92 ToUl EMERGENCY AUTOMOTIVE TECH INC $132 93 PadChk# 072160 10/292001 ENCHANTED GARDEN FLORAL 0 101-19999 Suspense Account $36 63 1139 Plant - Kuenn Total ENCHANTED GARDEN FLORAL $36 63 Pad Chka 072181 10292001 ESS BROTHERS A SONS E 602-49450-443 RepanTyU««t-l8l Reduction $757 22 D03664 Rmgs • Storm Wtr Drainage £602-49450-443 Repar'sdVUmt-l&l Reduction $86 27 003707 Rngs-tAI E I01-4300a224 Street Maint MaUnats/Suppty $200 22 004075 Grates - Storm Water Oramage Tout ESS BROTHERS A SONS $1 043 71 Pad Chka 072162 KV292001 FERGUSON ENTERPRISES. INC E 602-49450-227 Ut44y System Maeit Suppids $105 17 161954 StamtesaPd* Total FERGUSON ENTERPRISES. MC $10517 Pad ChtUI 072183 10/292001 FORD CONSTRUCTION E 602-49452-591 Sewer/Water UbMy Const $6 467 96 RFP7F RFP 7 A F-FmbrkMwy 12 LS 0602-20600 Coniracu Payable $6.92028 RFP7F RFP 7 A F Ffidrk/Hwy 12 LS CITY OF ORONO Check Detail Register Fnday. Odobtr 19. 2001 P«ge3irf11 Invotc* Commafil ToUl FORD CONSTRUCTION SI5.408 26 10>T29^1 OSK SERVICESPatdCMUi 0T2184 E 101-43000 22« E 613-49630-226 C 602-4945a226 E 101-43000-236 E 101-43000-221 E 613-49630-226 E 601-49400-226 E 101-43000-226 E 613-49630-236 E 601-49400-326 E 101-41900-404 E 101-41900-404 E 101-43110-404 E 101-41900404 Clolhing & personal equipmem OoUung 6 pertonal aqinpment CloUMog 6 peraonal aquipmant CMhing 6 paraonal aquynani Equyanam Parts & Aocaasonas OoUang 6 panonal aqu^mafll OeliMng & panonal aqwpman4 CloltMng & personal aqutpmani CMtMig 6 personal aqiMpmanl CtoUw-g & personal aquqanani Rapaas/Maml-Blilqs/Grounds Rapaas/Maart-Btilgs/Grounds Rapavs/Mamt-Blrtga/Graunds Rapatrs/Maml-BWos/Grounds ToUl 0 6KSERVICE8 S114 14 S15 46 S2182 S14162 S40 95 S1S46 S21 83 S84 14 S1546 S21 82 S100 33 SSI 71 S7262 S51 71 S76926 776620 776621 776622 783784 783784 783785 783786 790658 790659 790060 790661 790662 790663 790664 Uniforms Uraform-Slaffanhaoen Umform-Raintiun Uniforms ShopToatals Untonn - StaKanrtaoen Uniform - RatnOun Uniforms UMform - Stallanhaoen Uniform - Rattfoun MalSarvK* Mat Sannca - CH Mat Sarvica • PO MatSarv)ca-CC Pai^6iiii 672186 10129/2001 GALL'S INC. E 10142110-226 Ctothing 8 personal aquipmani ToUl GALL’S INC. $351 92 54972965 S351 92 BAa Patrol Unrform Paid Chiu 072187 10/29/2001 OAPPA.OREO E 101 42400-331Travel Eipantes $85 91 71901 Mileage RambursamanI Tout OAPPA.OREO S85 91 Paid ChkS 072186 10/29/2001 GENUINi. PARTS CO. E 10145200-221 Equipment Parts 8 Accessories $5 79 657619 CahiaTias E 10143000-222 Vahicia Equipment 8 Parts $14 63 659459 04F4iar E 10143000-222Vahcie Equaxnenl 8 Parts $2143 659536 04 Finer E 61349630-221Equavnant Parts 8 Accessories $29 03 659603 Ear Plug E 61349630-221Equqimertl Parts 8 Accessories $1341 660916 Ban E 61349630-221Equaimanl Parts 8 Accessories $13 41 661042 Ban E 61349630-221EquawnarN Parts 8 Accessories ($5 13) 661060 BanEichanga F 10143000-221Equa>mant Parts 8 Accessories $47 36 661199 Swachas Connector E 1014300C ..2 Vahcie Eqvpmant 8 Parts $71 97 661351 Swdch. CaMa. Connacttr E 10143000-221 $5 73 661692 Connector E 10143000-222Vahcie Equ«manl 8 Parts $9166 661745 Fuse Blocii. Lights E 10143000^222 Vahcla Equaimeni 8 Parts ($50 96) 662126 Haadbghts • Crad4 E 10143000-232Vahcie Equavnant 8 Parts $30 18 662128 Work Lamp. Cormactor E 10145200-221 Equaiment Parts 8 Accessories $5 31 662241 Came Ties T0UI GENUINE PARTS CO.$294 02 Paid Chkt 072190 10/29/2001 GOLF CAR MIDWEST E 61349830415Other Equipmant RenUls $150000 9904 OoH Cart Uasa-901 Tout GOLF CAR MIDWEST $1.500 00 Y^aid tt\k$ 072191 io<^9/200t GOPHER STa ItI6n E-CALL E 60149400-489 Othar Miscallanaous Chargas E 60249450489 Other MiscaManaous Charges $65 88 1090597 $65 67 1090597 Locales • 9/91 LocaUs - 0rt)t 1 CITY OF ORONO Check Detail Regieter Friday. OcMwr 19. 2001 Paga 4 oMi Check Amt Imrolce Comment Total GOPHER STATE 0NE4:ALL $131 75 Paid CM 672192 10T29/2001 HENNEPIN COUNTY INFOR TECH DPT E 101-41900-329 Ottwr CommuficatiCRS $71 99 2197184 Database Access 94)1 Total HENNEPIN COUNTY MFOR TECH OPT $7199 Paid CM 072193 10/29^1 HOME OWNERS RESOURCE GUIDE E 613-49630-340 Ganofal Advarbsing $1.10000 10M6«1 Deectory Advertising -GC Total HOME OWNERS RESOURCE GUIDE $1.100 00 Paid CM 072194 KV29/2001 J-CRAFTINC. E 227-45500-550 Automotivo Eqwpniafrt $20 210 92 26072 thjmp Boa. Underbody Plow Total J-CRAFTINC.$20 210 92 Paid CM 072195 KV29/200I JORSTAO S REUTHER COM E 101-41900-352 Prmling 6 Publishing $875 00 1761 Newsletter Design Total JORSTAO S REUTHER COM $87500 'PaKl ChhO 0;2166 l(V29r266l KO A COMPANY E 602-49450-406 Rapatrs/Makfit Swr Imes/lifls $25 00 2414 Concrete Dumping ToUl KOS COMPANY $25 00 Pad Chka 072197 10/292001 LANGFORD TOOL A DRILL E 101-43000-221 Equipment Paris A Accessories $308 99 L-107195 Saw Blade ToUl LANOFORD TOOL A DRILL $306 99 Pad btika 072196 10/29/2001 LOGIS E 101-41900-329 Other Communications $116 00 21069 Inlemet 9/01 E 101-42110-310 LOOIS-Applwations $952 00 21069 Polioe Records 9A)1 E 101-42110-329 Other Communications $116 00 21089 Internet 94)1 E 101-41900-311 Data Processing Communication $30 00 21114 Henn County Connecbon E 101-42110-401 RepairsAAaint orfice Equip $105 00 21135 Lwescan Testing E 101-42110-401 Repairs/MamtOfrice Equip $70 00 21135 Fred Proiect-FTP Server E 101-42110-401 Repairs/MamlOffice Equip $70 00 21135 Inkiet/Datamao Issues E 101-41900-401 Repairs/Maint-Office Equ4>$35 00 21135 Convert Ma4 Relay Total LOGIS $1 494 00 Paid CM 072199 10/29/2001 LONG LAKE POWER EQUIPMENT E 101-43000-212 Motor Fuels A Lubricants $16 08 26578 CM E 602-49450-227 UU4y System Maint SuppM $42 59 26824 Mk Supply Total LONG LAKE POWER EQUIPMENT $6067 Pad 6m 0722/ 0 10292001 MACA E 101-42 10-437 Trarfung A Development $8000 Ameson MN Statutes SchooLAmeson Total MACA $80 00 Pad CM 072201 10292001 MACQUEEN EQUIPMENT E 101-43000-221 Equ^rnent Parts A Accessories $54 69 2016643 Bar Spacer. Plate. Spacer Total MACQUEEN EQUIPMENT $54 69 PaidCMdl 072202 \WH2flOy MEOICA E10M1300-131 Efflptoytr Pa«1 HaaVi $502 06 101305102*62 MadicaH«h.1lJ01 CITY OF ORONO Check Detail Register Friday. Octobar 19. 2001 PageSoMI Check Amt Invoice Comment E 101-42400-131 Employar Paid Health S753 12 G 101-15998 Non-Employee Health Ins SI.411 50 G 101-21706 Hosprlaluation/Medical Ins $4.449 02 E 101-42110-131 Employer Paid Health $225936 E 101-41500-131 Employer Paid Health $25104 E 101-43000-131 Employer Pad Health $502 08 E 602-49450-131 Employer Paid Heafth $25104 G 101-21706 HospeaUulionlMedical Ins $725 16 E 101-42400-131 Employer Paid Heakn $25105 E 101-41500-131 Employer Paid Health $25105 E 101-43000-131 Employer Paid Health $251 04 E 101-43000-131 Employer Paid Health $502 10 E 613-49830-131 Employer Paid Health $25105 E 101-42110-131 Employer Paid Health $2 259 42 G 101-21706 Hospitalixalion/Medicai Ins $3.617 14 E 101-42110-131 Employer Pad Health $251 05 E 101-42400-131 Employer Pad Health $502 09 Total MEDICA $19.24039 101305102552 Medica High • 11/01 101305102552 Medica High -11101 101305102552 Medea High -11/01 101305102552 Medica High • 11/01 101305102552 Medica High -11/01 101305102552 Medea High • 11/01 101305102552 Medica High • 11/01 101305122585 Medica Low -11/2001 101305122585 Medica Low • 11/2001 101305122585 Medea Low -11/2001 101305122585 Medica Low • 11/2001 101305125488 Medica Elect • 11/2001 101305125488 Medea Elect -11/2001 101305125488 Medica Elect -11/2001 101305125488 Medea Elect -11/2001 101305125488 Medica Elect • 11/2001 101305125488 Medea Elect -11/2001 F IChk# 072204 10/29/2001 MET COUNCIL ENVIftONMENTAL SVC8 E 602-49450-383 MWCC-Currenl Charges $34.023 33 728481 Total MET COUNCIL ENVIRONMENTAL SVeS $34.023 33 TlndC'h'kf 072205 10/29/2001 MIDWEST ASPHALT Waste Water Service 11/01 E 101-43000-224 Street Main! Matenals/Supply $10.100 44 69412MB Hand Patch E 101-43000-224 Street Maint Matertals/Suppty $217 44 69447MB Hand Patch E 101-43000-224 Street Mainl Matenals/Supply $663 02 69553MB Hard Paten Total MIDWEST ASPHALT $10 980 90 Tk J 6hk« 072206 10/29/2001 MINNEAPOLIS OXYGEN COMPANY E 101-43000-415 Otner Equipment Rentals $28 80 RI09010917 E 101-42110-221 Equipment Parts & Accessories $1440 RI09010918 Total MINNEAPOLIS OXYGEN COMPANY $43 20 Acetylene. Oxygen Medeat Oxygen Paid Chkia 072207 10/29/2001 MN CHIEFS OF POL ED FOUNOATI E 101-42110-437 Training & Development Total MN CHIEFS OF POL. ED. FOUNOATI $100 00 425 $100 00 Ois the Leader in You-Morocynz “Paia Chk< 072208 1029/2001 MN STATE TREASURER E 101-42400-437 Training & Oevelopmertt $30 00 Davis Total MN STATE TREASURER $30 JO FaD Butd Code Sem - Oavts Pad ChMI 072209 10/29/2001 MUNICILITE CO. E 227-45500-550 Aulomolive Equipment $749 97 2271 Total MUNICILITE CO. $749 97 Lights - Truck #425 Paid£hSi"67iii6 IOr^^/2001 NAVARRE HARDWARE E 101-42110-223 BMg/Grounds Maint Suppkes $7 86 88084 Cleaners E 101-41900-223 BdgX3rc.nds Mainl Supplies $2 97 88174 Flush Lever E 602-49450-227 UtMy System Maint. Supplies $617 88242 Mason Line E 602-49450-227 UtiMy System Maint Supplies $11 49 88245 Green Treated 2X8 CITY OF ORONO Check Detail Register Frtday. Octobw 19. 2001 Pag«6oni Ch*cti Amt Invetc* Comment E e'3-49030-223 I.602-494S0-227 E 101-43000-221 E 101-4190^223 E 101-41900-223 E 101-43000-221 E 101-41900-201 E 601-49400-227 E 101-43000-221 E 601-49400-227 E 613-49630^221 E 101-42110-201 E 101-45200-223 E 101-43000-221 E 101-43000-222 E 101-42110 221 E 101-43000-222 E 101-42110 223 E 602-49450-227 BUglOroundt M»nt Suppfees UlMy System Memt Supptet Equsxnenl Ptds 6 Accessones Bidg/Graunds M mk Supphes BWg>GraunOt Mw4 Supptes Equpment Parts 6 Accessories 061c* supples UUty System Mamt Supptes E(|iMpmant Parts 6 Accessories UtAty System Mamt Supphes Equpmefll Parts 6 Accessories Office suppfees Sidg/Orounds Mauir Suppbes Equpment Parts 6 Accessories Vahicte Equpment 6 Parts Eque>mefll Parts 6 Accessories Vatecte EquipmetK 6 Paris Bldg/Orounds Mami Supples LNiily System Maint Suppkes Total NAVARRE HARDWARE $35 03 68262 $31 94 86343 $6 75 88390 $6 36 66524 $7 97 88533 $3 50 88607 $3 61 88670 $24 66 88710 $5 31 88717 $6 46 88732 $19 16 88745 $: ‘6 68764 $1C6388916 $6 97 89102 $9 48 89179 $12 34 89264 $10 43 89284 $76 86 89538 $10 20 89555 $323 37 Hoe. Pot 7P Grass Seed Battery. Screws Lundvoom Sek Ptumteng Lunchroom Snk PkjmtMng Etww Battenes Tank Sprayer. Bleach Hei Bushing Poe. Botts • Wir Twr VHoe.Botts Battery Pami Misc Hardware BiA Washers. Plug Hose Ell Cord M25 Faucet - PO Etww. Unwn PaidChki 072212 10/29/2001 NEXTEL COMMUNICATIONS E 101-42110-321Telephone $51145 2819346-4 Police Cell Phones Totel NEXTEL COMMUNICATIONS $51145 baiddhke 072213 10/29/2001 OFFICE DEPOT E 101-42110-201Office supplies $616 64 140497991 Office XP-FRED Protect E 101-42110-201Office suppkes $68 93 140608952 Office Surpiws E 101-42400-221 Equipment Parts & Accessories $367 27 140608952 Chair • Bottenberg E 101-41900-201Office suppkes $84 24 140608952 Office Supplies E 101-41900-201Office suppkes $330 60 141082120 Officu Supples E 101-42110 201 Office supekes $270 49 141062120 Office Supples E 101-42110-221 Equpment Parts & Accessorws $159 74 141082120 40 OB Hard Drive E 101-41900-201Office supples ($2141) 141082120 Return • Paper E 101-42110-221 EquwmenI Parts 6 Accessories $48 27 141082120 3Hole Punch Total OFRCE DEPOT $1,924 77 Paw Chke 072214 10/29/2001 OLD DUTCH FOODS INC. E 613-4990(3093CoTKesswrik For Resate-Tibl $4 62 203489 Chips for Resale Total OLD DUTCH FOODS INC.$4 62 Paw Chke 072215 10/29/2001 OMAN. LYLE E 101-42400-331Travel Eipenses $3105 10/1IV01 IHeage Revnbursement E 101-42400-331Travel Eipenaes $27 94 10«01 Mteage Revrbursemeni E 101-42400-331Trevei Espenaes $30 01 9/23«1 Mteage Remburserrent Total OMAN. LYLE $8900 Paw Chke 072216 KV29/2001 ORONO COMMUNITY EDUCATION E 101-45200-490Contrteutwns to Cone Org's $2 293 06 SunvnerTOOl 2001 Summer Racraetlon Total ORONO COMMUNITY EDUCATION $2.29306 CITY OF ORONO Check Detail Register Friday. October 19.2001 Page 7 of 11 Ctiecfc Amt Invoke Cowment Pad CriM 072217 1<V29f2001 OXYGEN ifenVICE COIIPANV E 101-43000-221 Equipmenl ParU ft Accestoriea $24 27 623402 E 101 -43000-240 Smalt Tools and Minor Equip $325 03 625498 Total OXYGEN SERVICE COMPANY $349 30 Tape. Marlter. Drill bps Welding Helmet Paid Chkf 072218 10/29/2001 PIONEER E 101-42400-340 General Advedtsing $12562 773 Land Use Applications E 101-42400-340General Advertising $43 39 775 Land Use Application E 101-42400-340 ?11$104 36 798 Land Use Applicabon Total PIONEER $273 37 E 101-43000-222 Vehide EquipmenI ft Pads $96 49 1-386495 Tout PIONEER RIM ft WHEEL CO $96 49 Paid Chk« 072220 10129/2001 PIRTEK E 602-49450-403 Repairs/Maint-Misc Equip $105 01 PL14593 Total PIRTEK $105 01 Spring • Bobcat Trailer Hyd Hose • Vector Truck Pad Chka 072221 10/29/2001 POV/ERCLEAN COMPANY INC. E 101-42110-407 Janitonal Services $782 01 8333 E 101-41900-407 Jantorial Senrices $931 34 8333 T UI POWERCLEAN COMPANY INC. $1.893 35 Janitorial Senrica - 9/01 Janitonal Service - 9d)1 Pad Cnka 072222 10/29/2001 PRAiRIE OFFSET E 101-41900-:01 Office supplies $442 23 116526 Tout PRAIRIE OFFSET $442 23 Envelopes. Bus Cards Pad Chka 072223 10/29/2001 PRECISION BUSINESS SYSTEMS E 101-41900-401 Repatrs/Madt-Offlco Equip $35 00 134610 Total PRECISION BUSINESS SYSTEMS $35 00 Maim ConUact - Norcom 2500 Paid Chka 072224 10^001 PRUDENTIAL LIFE INSURANCE E 101-43000-134Employer Pad Life $1560 96234 Jctober Life Insurance E 101-42110-134Employer Pad Life $40 95 96234 October Life Insurance E 101-42400-134Employer Pad Life $13 65 96234 October Life Insurance E 101-41300-134Employer Pad Life $7 80 96234 October Life Insurance E 601-49400-134 -mployer Pad Life $3 90 96234 October 1 >fe Insurance E 613-49830-134 Employer Pad Life $1 95 96234 October Life Insurance G 10I-* 5998 Non-Employeo HeaKri Ins $165 96234 October Life Insurance G 101-21710 Life Insurance $541 50 96234 October Life Insurance E 101-41500-134Employer Pad Life $5 85 96234 October Life Insurance Total PRUDENTIAL LIFE INSURANCE $632 85 Pad Chka 072225 10/29/2001 OWEST E 601-49400-321 Telephone $53 25 6124717766 Phone Service-Wtr PM E 602-49450-321 Telephone $40 89 6124719037 Alarm Oialer-LS 6 E 613-49830-321 Telephone $58 75 6124739904 Phone - GC E 613-49630-340 General Advertising $229 80 6124739904 Directory Adv E 601-49400-321 Telephone $103 00 612E440016 ComLine-WlloPW E 601-49400-321 Telephone $24.14 9522494600 Phones • City Hal CITY OF ORONO Check Detail Register Friday. Oclebar 19.2001 PasaOoMI Chack Amt Inwoica Comma nl E 101-41000-321 Taiapkotta E 602-49450-321 TeiapN>na Tout QWEST S724 46 0522404600 S56 35 0522404600 SI 200 64 Phones • C4y HaB Phones • CHy Hai Pad rtiha 072226 1070^2001 SIGNS OF THE SEASON E 101-45200-223 BUQ.’G'Ounds Mamt Supplies S44 73 150 Total SIGNS OF THE SEASON $44 73 Signs- No Dogs PaxlChk* 072227 10/20/2001 SPEEDWAY SUPERAMERICA LLC E 101-41300-480 Other MAceiUneous Charges $10 OP 0930043030 E 101-41300-480 Other Misce'’aneous Charges $27 48 0930943030 ToUl SPEEDWAY SUPERAMERICA LLC $38 47 Ice • Errp Picnie Ice • Emp Picnic Paid Chka 072228 10/20/2001 SPRAY CONTROL SYSTEMS E 2? 7-45500-560 Automotive Equiprrent $390 82 20109 Total SPRAY CONTROL SYSTEMS $390 82 Fertders • Truck i42S PaidChki 072229 iMO/2001 STANTON GROUP E 10141900489 Other Miscellaneous Charges $173 25 321128 FSA Adm 8d)1 E 10141900489 Other Miscellaneous Charges $173 25 321163 FSA Adm9d)1 E 10141000489 Other Miscellaneous Charges $39 50 321189 COBRA Adm 8d)1 E 10141900489 Other Miscellaneous Charges $39 50 321230 COBRA Adm 9/01 Total STANTON GROUP $42550 Pad Chka 072230 10/29/2001 STATE OF MINNESOTA E 60149400441 Licenses & Taies $1000 255663 Air Tank • Navarre Wtr E 10143000441 Licenses & Tsies $20 00 255664 Air Tank • PW ToUl STATE OF MINNESOTA $30 00 Pad Chka 072231 10/29/2001 STERLING FENCE INC. E 10143000-224 Street Maint Matenals/Suppty $345 00 18439 10* Oalvanaed Fence Total STERLING FENCE INC.$345 00 Pad Chka 072232 10/20/2001 STREICHERS E 10142110-226 Clothing & personal equipmenl $849 95 236170 1 Batotic Vest-Good E 10142110-226 Clothing & personal equipment $88 58 242369 1 Trousers, Tie-Arnesoo E 10142110-226 Ctotnmg & personal eqmpmenl $33 92 242369 2 Name Tag. Flashlight E 10142110-226 Ciotiwng & personal cqueiment $213 87 243491 1 Boots. Phone HIdr. Gnps E 10142110-221 Equ^ment Pads & Accessones $58 02 243707 1 Flasher E 10142110^226 Clothing & personal equipment $28 75 245281 1 Motmting Bands E 10142110-221 Equ^iment Pads & Accessories $127 17 245281 1 BamerTape E 101-42110 226 Clolhing & cersonai equfiment $27 69 2459001 Duty Ammo E 10142110-221 Equ«ment Pads & Accessories $56024 247174 1 Strobe Lights E 10142110-221 Equ^ment Pads & Accessones $44 52 247225 1 Lamp Module. Deodenzer E 10143000-222 1•41UJ1$21990 250466 1 Flathkghts • Trucks Total STREICHERS $2 252 61 Pad Chit 072233 10/20/2001 TEMACA LAWN SPRINKLERS. INC $1.378 50 977/01 $1.378 50 E 61340830-404 Rapaes/Maeit-Bidgv'Grounds Total TEMACA LAWN SPR1NKI£RS. me Imgabon System Repairs i>aid thk» 072234 tO/29/2001 TEMP0RAR1ES-TO4JO CITY OF ORONO Check Detail Register Friday. Odobar 19 2001 PagtOoMI Checli Amt Invoica Comment E 101-41300-104 Tamporary Emptoy««s RegUar S206 50 10412 Temp Help - VW End KV7/01 Total TEMPORARCS-TO-GO S206S0 Pad CMd 07223S 10797001 THORPE OIST CO. E 613-499004)91 Baar For Rasaia S38 80 241169 Bear For Resale Tout THORPE DIST CO 538 40 Pad CMUI 072236 10797001 TOLL OA8 9 WELOINO SUPPLY E 101-43000-415 Othar Equaimafll Ranlad 55 85 4947.5 Cylmder Rental Total TOLL GAS 6 WELOINO SUPPLY 55 85 Pad CMd 07^37 10797001 TRACY TRIPP FUELS 0101-14101 Gasohna Imranlory 52782 07 89830 1797 2 Gal Unleaded E 101-43000-212 Motor Fuels & Lubricants 5558 37 89830 463 4 Gal Diesel Total TRACY TRIPP FUELS 53.340 44 Pad thkf 072238 10797001 TRI STATE PUMP E 602-494S0-406 Rapairs/Maint-Swr hnas/Ufts 51 425 82 20477 PumpGS«32 ToUl TRI STATE PUMP 51.425 82 Paid 6l)ki» 072239 10797001 TWIN CITY STRIPING E 101-43000-408 Contracted SUeal Main!5300 00 2917 Stnpa Navarre Lot Total TWIN CITY STRIPING 5300 00 i>ad Chka 072240 10797001 UNIFORMS UNUM1TED E 101-42110-226 Clothing & personal equipment 513 85 81747 Bar w/Slars-DemtK>utiu E 101-42110-226 Clothing & personal equipment 550 95 84304 Pants • Percell E 101-42110-226 CMhing 8 personal equfimeni 51166 84433 Brass Collar - Enchson E 101-42110-226 Clothing 8 personal equipment 5849 95 85049 BaHdtic Vesi - Peroe3 E 101-42110-226 Clothing 8 personal equeimeni 561 10 86743 Uniform - Hendricks E 101-42110-226 Clothing 8 personal equpmenl 51 855 88 86743 Uniform - Hendncka Total UNIFORMS UNLIMITED 52 843 PadChka 072241 tC 297001 UNITED RENTALS E 101-43000-415 Other Equipment RenUls 5105 44 230446 Barricades E 601-49400-489 Other MacaBaneous Charges 5110 20 235548 Traffc Cntd-Hwy 12 Mam Total UNITED RENTALS 5215 64 Paid 6ika 0^242 19797001 UNIV OF MINNES6tA E 101-43000-437 Tranng 8 Deveiopmant 5150 00 Gappa MPWAFtf Cordarenoe Total UNIVOf MWNESOT4 5150 00 i>ad dhka 072243 19797001 US FILTER E 6C2-494SO-227 Ut My System Maait Supphcs (51.016 01) 7753370 Return-Valves E 602-49450-227 U* My System Mamt Suppkes 5155 99 7753370 LSRepaes E 602-49450-227 U44y System Ma«t S jpplas 51.705 06 7753370 Valves. Valve Parts E 602-49450-227 UI44y System Mauit Supphes (518211) 7753525 Return - Valve 04 E 601-49400-227 Ut44y System Maait Supphes 51.105 81 7813745 Valve/Sieave-Hwy 12 Break Total US FILTER 51.768 74 PadChk* 072:44 10797001 VESSCOINC. E 601-49400403 Rcpan.1M««it-Mac Equ«S105 98 24914 Pump Rapatr CITY OF ORONO Check Detail Register Fnd«)f. Odotoflf 19. 2001 Pag* 10 of 11 Chaek Amt Invole* ToUl VESSC01NC.$105 96 PaMCMi 072245 1(V29«)0I E601-49400-M7 Intargovommental Senncct E 601-49400-387 Inttrgovefnmental Services Total VVJ3. LARSON COMPANIES LTD W O. LARSON COMPANCS LTD ($5.113 89) 3rdQlr $5.113 89 3nJOtr $0 00 Void Clwcfc 72245 Pufcfiaaad Water 3rd Otr 2001 Pa«l CMia 072248 10/29/2001 WEST HENNEPIN COM BUILDERS E 233-45870-319 Otfwr Professional Services $1.800 00 2001 Total WEST HENNEPIN COM BUtLOERS $1.800 00 Air Housing • 8/1/01 Closing ^OKl Chlia 072247 10/29/2001 WEST SIDE REDI MIX INC. E 101-42110-223 Bldg/OroundsMaert Supphes $19609 54564 Total WEST SIDE REDI MW me. $198 09 Ready Mix - Dog Kennel 10/29/2001 WESTSIDE WHOLESALE TIRE $12 00 82264 $12 00 PaidCMiJ> 072248 E 101-43000-403 RepairsMaint-Misc Equip Total WESTSIDE WHOLESALE TIRE Tire Repaw PaidChki 072249 10/29/2001 WIDMER INC E 602-49450-406 Repairs/Mainl-Suvr lines/lifis E 602-49450-406 RopairsAtaml-Swr linesAiItt Total WIDMER INC $6.877 00 4814 $2.542 00 4666 $9.41900 Repair Sewer Lme-Lmdsey Rat Gate Valve Repiacemeiit l^sUt^r-ne 0/2250 10/29/2001 WlNTERNHEIMER. ALISSA E 101-4130C 319 Olher Professional Services $180 00 22 Total WINTERNHEIMER. AUSSA $180 00 ^aidChfca 072251 10/29/2001 Wm MUELLER S SONS Courv - Minutes -10/8/01 E 602-49450-227 121>.5$296 24 48600 25 Ton Rock Total WM MUELLER S SONS $298 24 riki 072252 10/297001 XCEL ENERGY E 10M1900-381 Gas & Electre $28 18 340WWOW Electneal Servea E 613-49830-381 Gas&Elecirc $821 78 Anocahon E ectneal Servio* E 601-49400-381 Gat&Electnc $3 934 49 Aloeabon Electneal Servea E 101-41900-381 Gat & Electric $1.707 06 Aloeabon Electneal Servioa E 101-42110-381 GasS Electric $942 Aloeabon Electneal Sennoa E 602-49450-381 Gat & Electric $1.480 73 Alocation Electneal Service E 101-42110-381 Gat & Electnc $726 25 Alocation Elec* xal Servea E 101-43000-381 Gas & Electnc $17023 Alocation Electneal Service E 101-45200-381 Gat & Electnc $14 60 Aloeabon Electneal Service E 101-43000-381 Gets Electnc $306 71 Hwy12 Hwy 12AMIOW S«nal L«ht E 101-43000-386 Street LigMing $1 297 13 StIjgM Street Lighting - 901 Total XCEL ENERGY $10 496 58 ; •# 072253 10/29/2001 YOUNG. JACKIE E ‘01-45200-319 Other Professonal Services $18000 01-09 Park Com Memles-V4tM E 101-42400-319 Other Prelestional Services $18000 01-09 Planneig M«iutaS-9/17/01 E 101-41300-319 Other Piof*ss«nal Services $20500 01-09 Criy Counc4-S/24«1 Total YOUNG. JACKIE SS6500 CITYOFORONO Chtck Dttail Rtgitter Friday, OctotMf 19.2001 PagalloMI dwell Amt InvoiM Conwiwm Paid Chief 072254 CITY OF WAViAH E601-49400-387 InlerjiovafnnwntalSarvtcaa S5.11389 3 idQtf Total CmrOFWAYZATA S5.113 89 Purch Water • 3rd Qlr 2001 10100 Primary Cash 8293,353 91 1 CITY OF ORONO Chtck Dttiil Register Fnd«y. October 19. 2001 Pagalof 1 Chacfc Awl Invotea Commant 1O100 Primary Caah Paid CNiS 061980 8/14/2001 DVtNClS E 101-41110-09 Meetaig Eapentet $67 00 8/14A)1 Pizza for Budget Work Session Total OVINCtS $67 00 PadChhS 0718^0 8/27/2001 BROWNELLS, INC E 101-42110-228 Traming Supptet ($3 80) 2116466 Void CtieckS71870 1 otal BROWNELLS. INC ($3 80) Paid Chki 071906 8/27/2001 MCLEOD USA PUBLISHING E 101-41900-221 Equtvnent Parts 6 Accessories ($300 93) 2096S0 void Check *71906 Total MCLEOD USA PUeUSHINO ($30093) Paid CMif 091991 9^^1 E 10M1900-322 Pottage Total UNITED STATES POSTAL SERVICE S316 34 Newtiallar S316 34 Postage • Fal 2001 NewtMler 10100 PrimafyCath $78 61 it. cmroFORONo check register 1(VteA)1 7 27 AM Pag* 1 CtwcA tiuwifc*r ImgloyM Ham* 1 090261 DOOOE. RACHEL M 090262 X)HNSON. MARY AIM 090263 LE8KJNEN. OCNISE M 090264 MOORSE. RONALD J 090265 VEE.UNOAS 090266 KUEHN. THOMAS M C90267 OLSON. RONALD J 090266 PETTIT, SANDRA K 090269 ANDERSON. BRUCE L 090270 BOeZIEN.SUEA 090271 BORIS. SCOTT W 090272 BUOIO. STACIE M 090273 CARLSON. MICHAEL B 090274 CORMCK. JAMES L 090279 OEMBOUSKI. JAY C 090276 ERICKSON. KURT R 090277 FARNIOK, CORREY L 090278 FISCHENICH. DAN T 090270 FISCHER. CHRISTOPHER K 090280 GOOD. STEPHANY R 090281 HENDRICKS. RONALD J 090262 JOHNSON. BRADLEY P. C 90283 JOHNSON. JEFFREY 090264 MA08ON. ADRIENNE M 090289 MCNALLY. STEVEN A 090286 MCNICHOIS OAVIOL 090287 MOROWCZYNSKI. JAMES 090286 PERSL.L. WIUIAM R 090289 SCHOENHOFF. JOHN B 090290 TOMCHECK. LAWRENCE F. 090291 TOMCZYK.MARKW 090292 WITTKE. ANTHONY A 090293 ARNESON. JOSHUA A 090294 LEE. JOSEPH P 090299 BOLTERMAN. MATTHEW A. 090296 BOTTEN6ERO.WENOYC 090297 DAVIS. MARC L 090296 OAF FRON. MICHAEL P. 090299 OAPPA. GREGORY A^ 090300 MEYER. WILLIAM C 090301 OMAN. LYLE E 090302 WEINBERGER. PAUL E. 090303 BRINKHAUS. JOHNP. 090304 DEBAERE. DONALD L 090309 GREGORY. JAMES D. 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 Chack Amount 6949 00 6996 96 6860 64 61.799 10 6127014 61.07324 636 32 6447 60 6349 84 671674 61.30190 6704 41 6924 93 61.216 87 61.479 39 61.332 39 61.789 72 61,373 83 61.32979 62.008 77 6980 28 61.437 71 61.042 96 6973 29 61.377 93 694028 61.960 90 6438 78 61.636 99 6294 97 61.3* 61.099 04 6653 20 630519 69nS4 61.064 79 61.192 93 6126592 61.64565 6621 94 6140.19 61.367 29 6123192 61.04170 6703 39 Chack Data Ch*ek Statu* 101174)1 Oulatandng 1(V17i01 OutstamNig 10M74)1 Outstandbig 101174)1 Outitandtag 101174)1 OutstanRng ion 74)1 Outatandbig 10174)1 Outatandkig 10/174)1 OuatMdbig 10/174)1 Outatandbig 10/174)1 Outstandmg 10/17/01 Outstanding 10/174)1 Outatandbig 10/17/01 Outatandbig 10/17/01 Outatandbig 10/17/01 Outatandbig 10/174)1 OulsUnding 10/17/01 Outstanding 10/174)1 OuUtandbig 10/17/01 uutslandbig 10/17/01 Oulslanding 10/174)1 OutsUndaig 10/17/01 Outstandbig 10/174)1 Outstandbig 10/17/01 Outstandbig 10/17/01 Outstandng 10/174)1 Outstandng 10/174)1 Outstandbig 10/174)1 Outstandng 10/17/01 Outatandbig 10/174)1 Outstandng 10/174)1 Outstandbig 10/174)1 Outstandng 10/17/01 Outstandng 10/174)1 Outstandbig 10/17.01 Outstandng 10/174)1 Outstandbig 10/174)1 Outstandng 10/174)1 Outstandng 10/17/01 Outstandng 10/174)1 Outstandng 10/174)1 Outstandng 10/17/01 Outstandbig I0n7/01 Outatandbig 10/174)1 Outatandbig 10/174)1 Outstanding . 1 CITYOFORONO check register ICVIMI 7 27 AM Pag«2 dwell MumfewEMplorMNMiw Period Clwck Ameunl dwch DMtClWCliaiMM iT-r* . 060306 0SO307 HANSEN. STEVEN OeENAIONER. SCOTT 0 21 21 $1.240^4 $814 93 10717701 Out«an«ng 10717A)1 OuMandwg 060306 OeRCN.RANOYL 21 $1.270 71 10717701 OutsMndbig 060309 PALMER. GREGORY A 21 $79992 1017701 OuMtaming 060310 RATNBUN. BARRY J 21 $96001 I(yi770l Omatandtoo 060311 SKREEN. DALE 8 21 $1.00677 10717701 OutatandMg 060312 A8RAHAMS0N. FRED W 21 $207 66 10717701 Outataming 060313 B0(. MILTON. H 21 $94 36 10717701 OutatandMg 060314 BIAIR.JANISA 21 $122 65 10717701 OuWanang 060316 HAM8RO. MARSHALL!21 $7692 1(yi770l omatandbig 060316 MCINTYRE. WILLIAM E 21 $163 06 10717701 OutatandWg 060317 OAS. DANIEL 0 21 $10240 KY17/01 OiitatandMg 060316 PCICKERT.OARYJ 21 $287 93 10717701 OutatandMg 090310 ROSS. JOHN A 21 $90 67 10717701 Ouiatandbig 090320 STEFFENHAOEN. RONALD 21 $U70 89 10717701 Outatandhig $53,604 58 FILTER; ((voar«‘200V and [pay parlod] in (21))) and [pay group] in (’01') JL tifinimirti Hiiiiarti OCT 22*2001 ClTYUlrUHONO information ITEMS COUNCIL MEETING OF «<ecnNO OCT 2 2 2001 CITY OF OflONO . I , 9 itecnMO ocr 22 2001 crrYoroBONO ””*” Moaklpri Offlcts SbMtMirass: 2750 Ntiley Parkway Orano. MN 55356 tUKmgUtnu: P O Ba 66 DntalBay. MN 5532^0066 SPECIAL EVENT DATE ISSUED: October 17.2001 DATE OF EVENT: October 20. 2001 TIME: 15 minutes between 7:00 p.m. and 10:00 p.m. NAME OF PERSON(S) AND/OR ORGANIZATION HANDLING THIS EVENT: Leonard Bonandcr Americana Fireworks Display Co. P.O. Bo.x 0456 Excelsior. MN 55331-0456 952-470-2117 LOCATION OF EVENT: 315 Tonkawa Road (Frank Bennett Residence) TYPE OF EVENT: Fireworks (City Seal)APPROVED BY ' City OfTicial cc: Orono City Council lUephoac (952) 249-1600 • Fax (992) 249^16 AGENDA FOR HRA MEETING SET FOR MONDAY, OCTOBER 22,2061,9:00 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 HRA 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 CITY ADMINISTRATOR’S REPORT »*cfrnMO OCT 2 'im\ UlYU^OHONQ I. Resolution Authorizing the Execution and LX;livery of a Development Agreement for the Dunbar Senior Housing Development ADJOURNMENT •ff'cTiNQ REQUEST FOR HRA ACTION XT 2 2 2001 DATE: May ITEM NO: Department Approval: Name RonMoorse Title City Adminisirafor Administrator Reviewed: hoKXCcut Agenda Section: Cit>’ Administrator's Report Item Description: Resolution Authorizing thohxccution and Delivery of a Development Agreement for the DunW Senior Housing Development Attachments: I. Resolution Authorizing the Execution and Deliver}’ of a Development Agreement, including a Ground Lease and TIE Note as Exhibits, for the Dunbar Senior Housing Project. The HRA has received, through the agenda packet for the October 22,2001 City Council meeting, a copy of the proposed Development Agreement, including a Ground Lease and TIE Note, for the Dunbar Senior Housing Project. The attached resolution authorizes the execution and delivery of the Development Agreement, including the Ground Lease and TIE Note. HRA BOARD ACTION REQUESTED: Motion to adopt a resolution authorizing the execution and de.iveiy of a Development Agreement, including a Ground Lease and TIE Note, for the Dunbar Senior Housing Project. Mt,4r 1 liki ORONO HOUSING AND REDEVELOPMENT AUTHORITY CITY OF ORONO HENNEPIN COUNTY STATE OF MINT^ESOTA RESOLUTION NO. ocr 22 2001 Cl IY Ur Uriui^ RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A DEVELOPMENT AGREEMENT, INCLUDING A GROUND LEASE AND A TIF NOTE. WHEREAS, the City ofOrono, Minnesota (the ‘ City’*) is proposing to issue its Senior Housing Revenue Bonds (Orono Woods Apartment Project), Series 2001 (the “Bonds”) in an aggregate principal amount of not to exceed $9,000,000 and to loan the proceeds thereof to Orono Senior Housing, LLC, a Minnesota nonprofit corporation (the “Owner”) to finance a portion of the costs of developing, acquiring, constructing and equipping a 62-unit multifamily housing development for seniors located in the City (the “Project”); and WHEREAS, the City will loan the proceeds of the Bonds to the Owner pursuant to a Loan Agreement, dated as of November I. 2001. between the City and the Owner; and Wl lEREAS. the Owner has requested that the Board of Commissioners (the “Board”) of the Orono Housing and Redevelopment Authority (the “HR A”) provide additional financing to the Project in the form of tax increment financing: and WHEREAS, the Board previously adopted the Development Plan for 1 lousing Project No. I, established Tax Increment Financing District No. I-l, and adopted the Tax Increment Financing Plan therefor, (collectively, the “Plans"), all pursuant to and in conformity with applicable law, including Minnesota Statutes. Sections 469.001 through 469.047, and Sections 469.174 to 469.179, inclusive, as amended (the "Act”); and WHEREAS, forms of the following dtKumcnts (including the exhibits referred to therein) have been submitted to the Board: a Development Agreement (the “Development Agreement), dated as of November 1.2001, between the City, the HRA and the Owner, pursuant to which the Owner agrees to construct the Project and the HR/\ agrees to provide tax increment financing for die Project); (b) a Ground Lease (the “Ground Lease”), dated as of November I, 2001, betw een the HRA and the Owner, pursuant to which the HR/\ agrees to lease the Development Property (as defined in the Ground Lease) to the Owner for a period of 99 years; and (•f-rrTiNr\ OCT 2 2 2001 CilYur O hojvO a Tax Increment Financing Revenue Note, Series 2001 (the “TIF Note ”) to be executed by the lIRA in favor of the Owners: NOW. TIIERHFORIZ, BK IT RESOLVI-D BY THE BOARD OF COMMISSIONERS OF ORONO HOUSING AND REDEVELOPMENT AUTHORITY: I. Authori/ation of Documents Presented. 'Fhe forms of the Development Agreement, the Ground Lease and the TIF Note (collectively, the ‘*Documenls") are approved, with such additions or modifications thereto and deletions therefrom as may be approved by the Chair or the Secretarx' prior to the execution and deliveiy thereof, such approval to be conclusively evidenced by the execution and deliver)' thereof by the appropriate ofilcers of the City. 2. Execution and Delivery of Bond Documents . The Chair and the Secretar}' (or in their absence, the deputy or acting Chair or Secretar> ) arc hereby authorized in their discretion at such time, if any. as they ma\ deem appropriate, to c.xecute and deliver ihc DiKunvents in the name and on behalf of the I IRA. 3. Certificates, etc. The Chaii and the Secretao' (or In their absence the deputy or acting Chair or Secretaiy ) arc authorized in their discretion, at such time, if an>. as they may deem appropriate, to prepare and furnish to bond counsel and the purchaser of the Bonds, when issued, certified copies of all proceedings and records of the HRA relating to the Bonds, and such other afildavits and certificates as may be required to show the facts appearing from the books and records in the olTtccrs' custody and control or as otherwise known to them; and all such certified copies, certificates and afildavits. including any heretofore furnished, shall constitute representations of the HR,-\ as to the tmth of all statements contained therein. 4. Authorized Ofilcers. Hie Documents and any other documents referred to herein are authorized to be e.xecuted on behalf of the HRA by its Chair and its Secretaiy; provided that in the event any of the officers of the HRA authorized to execute documents on K*half of the HRA under this Resolution shall have resigned or shall for any reason be unable to do so. the deputy or acting Chair or Secretaiy. is hereby directed and authorized to do so on behalf of the HRA. with the same efiect as if executed by any officer specifically authorized to do so in the Indenture or this Resolution. 5. Effective Date . Be It Further Resolved that this Re-solution shall be in full force and effect immediately from and after its passage. Approved by the Board of Commissioners of the Orono Housing and Redevelopment Authority on this____day of__________2001. Chair ATTEST: Secretary Ml MMMOI OCT2a 200l ulru^uHulvu