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HomeMy WebLinkAbout11-26-2001 Council Packet/.' McPTtNQ NOV 2 6 2001 AGENDA FOR COUNCIL MEETING SET FOR MONDAY. NOVEMBCAtrl^rajKMifyB^ ORONO COUNCIL CHAMBERS. 2780 KELLEY PARKWAY. ORONO. MINNESOTA (•) Asterisk items arc considered to be routine items to be enacted upon by one motion by llic City Council under the Consent Item* on the igenda. 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 I. Approvc/Amend APPROVAL OF MINirTES * 2. Regular Council Meeting of November 13,2001 PARK COMMISSION COMMENTS - Andrew McDermott, Representative PLANNING COMMISSION COMMENTS - Liz Uawit, Representative LMCD REPORT > Lili McMillan PUBLIC COMMENTS • (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 3. #01-2736 Long Lake Fire Station, 340 Willow Drive North - Land Alteration Conditional Use Permit - Public Hearing - Resolution 4. #2640/41 Orono Ambar, 2060 Wayzata Boulevard - Request for OtTice Site Park Fee Deferral 5. #01-2711 Western Steel Erection. 2687 Wayzata Boulevard - Conditional Use Permit - Resolution 6. #01-2718 Amendment to Zoning Code Section 10.03, Subdivision 15 Relating to Fence Standards - Ordinance • 7. #01-2729 W. Gregory and Katherine Coward, 1950 Heritage Drive-Conditional Use Permit- Resolution 8. #01-2732 Revis Stephenson HI. 1850 Fox Ridge Road - Conditional Use Permit - Resolution ♦ 9. #01-2733 William B. and Lynae Peterson. 420 Orchard Pork Road - Variance Renewal - Resolution ♦ 10. #01-2734 Margie NevMon, 505 Orchard Park Road - Variances - Resolution II. #01-2735 Amendment to Zoning Code Section 10.03, Subd 14, Suiicturul Lot Coverage MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR'S REPORT CITY ADMINISTRATOR'S REPORT 12. 2002 Meeting Schedule 13. Accept Police Dcporlment Grant for Snowmobile Training AGENDA FOR COUNOL MEETING SET FOR MONDAY. NOVEMBER 26.2001.7:00 P.M. ORONO COUNCIL CHAMBERS. 2700 KELLEY PARKWAY. ORONO. MINNESOTA CITY ATTORNEY’S REPORT 14. LICENSES 2002 Liquor License Renev.-als Kennel • 15. BILLS ADJOURNMENT UPCOMING ISSUES AND EVENTS 2001 11/26 - Council Meeting. 7:00 p.m. 12/03 - Park Meeting, 7:15 p.m. 12/10 - Council Meeting, 7:00 p.m. 12/24 • HOLIDAY, Observance of Christmas 12/25 - HOLIDAY, Observance of Christmas Public A ttendance Meeting Date //- C j 1^ Council —— □ Planning Commission □ Park Commission □ Other Please hllouttiie information requested BELOW FOR OUR CITY RECORDS. PRESENT FOR (from agenda) NAME (please print) ADDRESS NAME OR NUMBER ROLL ORONO CITY COUNCIL MEETING <X TUESDAY, NOVEMBER 13,2001 NOV 2 6 2001 ClIYOr The Council met on the above-mentioned date with the following members present: Mayor Barbara Peterson. Council Members Jim White, Jay Nygaid, and Bob Sansev’ere. Representing staff were Acting City Administrator Michael Oaffron, City Attorney Tom Barrett, Zoning Administriilor Paul Weinberger, Zoning Administrator Wciuiy Bottenberg. City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Alissa Winlemhcimcr. City Administrator Ron Moorse and Council Member Richard Flint were absent. Mayor Peterson colled the meeting to order at 7:00 p.m. CONSENT AGENDA 1. Approvc/Amend Items 13, 14, 15,16,17, 18, 19,20,21,22,23,24, and 25 were added to the Consent Agenda. Items 3,6, and 11 were removed from the Consent Agenda. Mayor Peterson stated that Item 26, the Special Event Permit application had been withdrawn. Sansevcrc moved, and Nygard seconded, to approve the consent agenda as amended. Vote: Ayes 4, Nays 0. PUBLIC HEARING 2. Storm Water Utility Mayor Peterson opened the Public Hearing at 7:05 p.m. Gappa stated that the purpose of creating and implementing a storm water utility is to provide an equitable, dedicated funding source for additional or improved storm water drainage ser\ ices. Benefits include: flood control, water quality control, wetland protection, erosion and sediment control, and an enhanced storm water conveyance system. Gappa stated the criteria used to determine the total runoff and fee structure were a Model Storm with a 5-year frequency with 3.6 ” of rainfall in 24 hours, and Soil Conser\*ation Service Hydrology Methodology to determine the amount of nmoff. The Average Single Family Residentid Unit was considered 2.0 acres with 20% Impervious Surface. ORONO CITY COUNCIL MEETING TUESDAY, NOVEMBER 13,2001 2. Storm Water l/tUity—Continued Goppa stated that the use of a standard fee for all residential properties is the only practical method to implement a storm water utility. While larger properties create more runoff, they have more pervious surface to decrease the runoff rate. A smaller property may have less impervious surface, but the runoff rate is increased because of less pcr\ ious lot area to slow the water down and allow for infiltration into the ground. The runoff rale determines the si/e of the storm water facilities required. The Council agreed on a $9.00 quarterly fee, or $36.00 per year. The proposed $9.00 quarterly fee will generate approximately $120,000 in annual revenue. The Storm Water Management Plan lists approximately $1 1 million of storm water projects for both water quality and quantity improvements. Mayor Peterson opened the hearing to the public. Cliff Ollen, of Otten Brothers Nurser>', asked if previous efforts by business owners to prevent runoff, such as constructing as existing holding ptind, would be taken into consideration when determining fees. Cappa stated that he could check into the issue of crediting for past ponding or retention efforts. Kellogg stated he was not aware of a credit system in other cities. Mayor Peterson closed the Public Hearing at 7:20 p.m. Sanscvcrc moved, and White seconded, to table Item 2, Storm Water Utility ’, until more research could be done on the issne of crediting for previous efforts to control runoff. Vote: Ayes 4, Nays 0. APPROVAL OF MINUTES 3. Regular Council Meeting of October 22,2001 White moved, and Sansevere seconded, to approve the Minutes of the Regubr Council Meeting of October 22,2001. Vote: Ayes 3, Nays 0. (Mayor Peterson abstained.) *4. HRA Meeting of October 22,2001 Sansevere moved, and Nygard seconded, to approve the Minutes of the HRA Meeting of October 22,2001. Vote: Ayes 4, Nays 0. ORONO CITY COUNCIL MEETING TUESDAY. NOVEMBER 13.2001 *5. Council Work Session of November 1,2001 Sanseverc moved, and Nygard seconded, to approve the Minutes of the Council Work Session of Novem^r 1.2001. Vole: Ayes 4, Nays 0. PARK COMMISSION COMMENTS—PAT WOLFE, REPRESENTATIVE Wolfe slated the Park Commission was proceeding with design plans for Hackberry Park, but had postponed the neighborhood meetings. He encouraged the Council to give notice to pull-tab venders tiiat upon renewal, 10% of their proceeds would go to the Pork Commission, llic MS Society has agreed to donate $2,000.00 for a drinking fountain for Navarre Park, but they arc short about $1,000.00 to complete the project. They hoped the extra funds could be found to install the fountain. The Narrows Saloon presented the Parks Commission with $3,600 from their golf event. The Narrows Saloon plans for the event to be an annual fund-raiser. Wolfe also stated the Parks Commission is considering developing the Sohn’s property as a skating rink and would like the City to hold ofT on demolishing the house and garage on the property, so that they might be used os a warming house and for storage. They would like to possibly put in a large lighted hockey rink and skating rink. The Parks Commission would come back in the next few months with a recommendation on the skating park. Gappa stated some of the buildings on the property were a nuisance and hazard, but he was not aware of a time limitation to finish demolition. Weinberger stated that there was the potential to have parking on the property. He had also received an offer to have the grading work donated by a member of the community. Gaffron stated that the Council had approved the demolition in the Consent Agenda. White moved, and Mayor Peterson seconded, to reconsider Item 13. Demolition of Structures at 340 Willow Drive North and 3770 Shoreline Drive. Vote: Ayes 4, Nays 0. White moved, and Sansevere seconded, to approve all proposed demolition except the house and garage at 3770 Shoreline Drive, which would be reviewed for potential use prior to Council action to demolish them. Vote: Ayes 4, Nays 0. ORONO CITY COUNCIL MEETING TUESDAY, NOVEMBER I3,2001 PLANNING COMMISSION COMMENTS—JEANNE MABUSTII, REPRESENTATIVE Mabusth thanked the Council for their encouraging comments to the school district representative concerning automating the voting process in the next election. PUBLIC COMMENTS None. ZONING ADMINISTR/VrOR'S REPORT 6. M)l*2689 Mandeep Sodhi, 4080 Dahl Road—ARer-thc-Fact Variances and Conditional Use Permit—Resolution No. 4719 Weinberger stated that the homeowner was not present. The issue was in regard to the landscape plan. The contractor removed a lot of vegetation and undergrowlh, and also replaced a stairway and retaining wall. Some of the undergrowth removed was not native to the lakeshore orea. Two additional trees were being required, one above the retaining wall, and one at the center of the property. The City had discovered during a recent inspection that landscape fabric was placed under a layer of wood chips. The applicant is required to remove the landscape fabric, and the plan is to allow the land to restore itself naturally in addition to the required plantings Tlie fabric will be allowed through the spring thaw to prevent erosion, w ith a deadline of June 30, 2002 to remove the fabric and allow the land to restore itself naturally. White slated they should be required to plant native vegetation a' j,v^ 0 c shoreline because indigenous plants will have the best root systems. We!o^vrger slated they could add language to U'c resolution requiring indigenous plants in i 20’ buffer zone along the lakeshore. The rpecies shall be identified by the City. White moved, and Mayor Peterson seconded, to adopt Resolution No. 4719 grunting variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.56, Subdivision I6(L)(I), and Section 10.55, Subdivision 8 to permit structure and hardcover within 75' of the lakeshore for a stairway and retaining wall; a conditional use permit is required per Municipal Code Section 10.03, Subdivision 19 to replace the retaining wall within the 75* lakeshore setback, and approval of a landscaping plan to restore vegetation removed on a bluff line and w ithin 75* of the lakeshore wFicrc limited removal is allowed, with the additional condition that within 20* of the laneshore only native, non-invasive vegetation be planted. Vote: Ayes 4, Nays 0. ORONO CITY COUNCIL MEETING TUESDAY, NOVEMBER 13.2001 7. #01-2711 Wcslrrn Steel Erection, 2687 Wa^xata Boulevard- Permit -Conditional Uic Weinberger staled the Jochims were present to represent Western Steel Erection, Inc. Western Steel w-as requesting a conditional use permit to allow permanent outside storage to provide outdoor parking for industrial trucks. They had proposed enclosing the property with chain link fencing with slats installed to screen the property. Another option would be to require cedar fencing. The location of their fuel tank has moved since the Plaiming Commission saw the proposal, llie fuel tank cannot be located within 50* of the building or the property line, which forced the tank to be located nearer the front of the lot There is a canopy proposed to cover the fueling tank, which would be about 24* x 36* and 16* high. The canopy would then make the fueling tank an accessory structure. Weinberger staled they were seeking conceptual approval. He suggested Council discuss the fencing materials used, the proposed location of the fueling station, outdoor stonige, and overall site plan. Mayor Peterson asked if it was appropriate for the application to return to the Planning Commission. Ms. .'ochims stated that the canopy would serve to protect the fuel integrity, and they fuel about >0 trucks each morning. The tanks arc 8' wide and they need to protect the area from the elements. She stated they would move their e.xisting canopy and add 4 ’ to it. The welding equipment has fuel tanks on the top of the vehicle and rainw ater could enter tanks as they ore being filled. Water would get into the gas without the overhead canopy. While suggested amending the rule requiring the tanks be located 50* from the lot line and returning the fueling station to its original position. Ms. Jochims stated the current position is better for them because it allows more room for turn-around. Mayor Peterson stated she was mostly concerned about screening the tank and canopy. Ms. Jochims stated they will have a solid wood fence on the roadside property line and a slatted cyclone fence across the back of the lot. and will plant evergreens on ^Ih sides of the driveway. W'einberger mentioned the canopy lighting. Ms. Jochims stated they could accommodate the Council’s design requirements, and they currently use motion-sensitive lights so they only come on when someone is fueling a vehicle, primarily in the early morning. White moved, and Nysard seconded, to give coaccptnal approval of the the plan for Western Steel Erection at 2687 Wayaata Boulevard, Vole: Ayes 4, Nays 0. ORONO CITY COUNCIL MEETING TUESDAY, NOVEMBER 13,2001 8. #01-2714 Frederick Puzak, 1340 Baldur Park Road—Variances—Resolution No. 4720 Weinberger stated the Council had conceptually approved a proposal from Mr. Puzak at the last meeting. The current resolution approved variances for construction of a new residence, subject to connection of the new house to sanitary sewer. The adjacent property owner intends on providing a sketch plan to re-plat the property adjacent to Mr. Pu;^. Mr. Puzak stated that he had a couple of minor corrections regarding the ownership of the property. Weinberger stated there is a spouse, and staff has been directed that the spouse must also sign documents concerning the property. Bonvu stated that in Minnesota the spouse is entitled to control over the property. Mr. Puzak stated his spouse was not an owner of the property, but that he could overlook it. He also slated that there was a typo in the minutes included in the packet on page 32, line 4 should read “.. .hardcover or decrease lakeshore setback...*' Sansevere asked for the status of Mr. Franklin. Weinberger stated they do not have an easement from the property owner yet. They arc waiting to see how their property line comes out on the proposed plat before they give the easement, fhe neighbor ha. *d he would allow the easement. White moved, and Nygard seconded, to adopt Resolution No. 4720 granting 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 OilWL of the lake w here 2,113 s.f. (12.4%) ciists 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%) eiists and 1,135 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 on the property. Vote: Ayes 4, Nays 0. *9. #01-2716 Brenshell Development, 2200 Shadywood Road—Variances— Resolution No. 4721 Sansevere moved, and Nygard seconded, to adopt Resolution No. 4721 granting variances to Municipal Zoning Code Section 10.22, Subdivision 2, Section 10.56, Subdivision I6(LK2) and Section 10.25, Subdhbion 6 (B) to permit tbe construction of a new single family residence on a lot of 0.5 acres area and 52* width where a 0.5 acre area and 100* width are normal!)’ required; and to allow 2,641 s.f. (27.8%) hardcover in the 75-250* setback area where 2375 s.f. (25%) b allowed. Vote: Ayes 4, Nays 0. mi ORONO CITY COUNCIL MEETING TUESDAY, NOVEMBER 13,2001 10. #01-2718 Amendment lo Zoning Code Scctioa 10.03, Sufadhision IS Relating to Fence Standards Weinberger stated that the proposed changes to the fence ordinance would take some of the language out of the non-Encroachments section. The primar>' changes would be that the finished side of the fence would face neighboring property owners, and change the permitted height of split rail fences. They also added some construction and maintenance standards. The owner of the fence shall maintain the fence in a reasonable state of repair and appearance and shall work with the City to remove or repair a fence that is unsafe. Staff recommended Council adopt the changes. White asked that "adjacent fences" be clarified for lokeshore lots. Weinberger stated that fences are not allow ed w ithin 75 ’ of the lakcshore and fences are not allow ed to block views ol the lake enjoyed by adjacent lots. Weinberger showed the method for determining the fence setback for lakcshore lots. Sunseverc stated he was in favor of allowing non-opaque (chain link) fences of up to 6’ for security purposes in nearly any location. Weinberger stated that fence placement in front yards varies depending on the specific zone's front setbacks. Sonsevere stated he does not think fences look good sitting at a 50* setback. Rick Meyers asked if there was a provision for requiring a 1 ’ setback from any property line. Nygard stated that Orono requucs a 2 ’ setback from property lines, and he favored requiring a permit to erect a fence so that people would have to sur\ey their property. Wliitc stated he favored sending a notice to residents and letting them self-police. Mabusth stated the Planning Commission had discussed the issue in depth and raised many issues, but felt they were directed not to go into such depth so as to quickly move something through. While moved, and Sansevcrc seconded, lo approve the proposed amendments as proposed and directed staff lo research issues of security and the possibility of requiring a permit lo erect fences. Council also directed Staff to schedule a second hearing with the Planning Commission to consider additional fence standards. Vote: Ayes 4, Nays 0. 11. #01-2726 Erotas Building Corporation, 450 Orono Orchard Road—After-lhe- Fact Variances—Resolution No. 4722 Weinberger stated that the application was to permit a 6* fence within the 50 ’ .street yard setback where fences arc permitted to be 3 V{ in height. Tiie fences would be located ORONO CITY COUNCIL MEETING TUESDAY, NOVEMBER 13.2001 //. UOt-2726 Erotas Building Corporation^ 450 Orono Orchard Rood—After-the- Fact Variances—Resolution So. 4722—Continued along Orono Orchard Rood and Dickenson Street. The fences were installed with several dozen arborvitac along the fence to provide a vegetative buffer. The trees range in height from 13* to 16* and provide a nearly complete screening for tlu fence. The Planning Commission recommended approval based on the finding that the properly was unique, being a comer lot with two 50’ setbacks, and the total si/e of the lot is 14.7 acres. Sansevere asked if staff were comfortable with the hardship of having two 50’ setbacks. Weinberger replied they were as long as the fences remain fully screened. Nygard stated he was uncomfortable with the application requesting on afler-the-fuct variance. He felt Kevin Garnett had been informed of fencing requirements when he previously come before the Council regarding his dogs. He stated that Council might set a precedent that allows the construction of oscr-sized fences os long as one plants trees along it. Mabusth stated that the Planning Commission had found the property unique because it was bordered by two roads and has a pond on it. The fence was nicely colored and screened, and did not pose a safety issue to drivers or maintenance vehicles on the roads. Gafiron stated that Mr. Gumett staled if he had to fence his property 50’ back from the roads, he would not be able to use about 10% of his property, w hich built in a hardship. He suggested a way to avoid having to demonstrate a hardship would be to require a conditional use pemiit for fences and have performance standards. White stated Garnett was being taxed on that 10% of his pniperty that he would not be able to use. Barrett stated that the decision of w hether a hardship exists was based on Council fact­ finding and was not a legal decision, so it would not be irrational to decide the lot size or configuration is a hardship. Mayor Pclcrson moved, and White seconded, to adopt Resolution No. 4722 granting aRer-the-fact variances to Municipal Zoning Code sWtion 10.03, Subdivision 15 to permit a 6* fence to be constructed within the 50* front and 50* side yard adjacent to the street setback where a fence height of 3 Vt is allowed. Vote: Ayes 3, Nays I (Nygard). ORONO cm’ COUNCIL MEETINO TUESDAY. NOVEMBER 13.2001 *12. MM-2736 Long Lake Fire Station. 340 Willow Drive North—Conditional Use Permit—Public Hearing—Continuation to November 26 Meeting Sansevere moved, and Nygard seconded, to continue the Public Hearing on the Long Lake Fire Station Land Alteration CUP to the November 26.2001 Council Meeting. Vote; Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Mayor Peterson stated that the Ba>'\vind Church held their dedication and she was presented w ith a framed verse of thanks for the City ’s support. She stated she and other aa*a mayors would be kicking ofT Interfaith Outreach’s alTordable housing week at the Wayzata Depot on Saturday. Weinberger staled the Navarre Amoco planned to replace their pump canopies and was running out of time this year. He asked if slafT could issue the permit, then proceed with the variance application os aAer-the-fact. The setbacks would not change. The cuircnt canopy was installed under a previous variance approval and the only change since then is the County has taken additional right-of-way. Council agreed they did not have a problem with issuing the pennit. Sansevere eneouraged the media to contact Police Chief Good regarding an article on crime and safely in Orono. Mayor Peterson also suggested they contact the North Tonka Crime Prevention Coalition. PUBLIC .SERVICE DIRECTOR’S REPORT 13. Demolition of Structures at 340 Willow Drive North and 3770 Shoreline Drive See discussion under the Parks Cor mission Comments. White moved, and Sansevere seconded, to accept quotation from Kevitt Eicavating. Crystal i.i the amount of S13.4I0 for demolition of structures at 3770 Shorline Drive, except for the house and garage, to be fu-'ded from the General Fund. Special Projects and Contingencies; and to accept quotation from Kevitt Excavating. Crystal in the amount of $19,600 for demolition of structures at 340 Willow Drive North to be funded from the General Fund. Special Projects and Contingencies. Vote: Ayes 4. Nays 0. ORONO CITY COUNCIL MEETING TUESDAY, NOVEMBER 13,2001 *!•!. Golf Course Equipment Purchase Sanseverc moved, and Nygard seconded, to approve purchase of the following equipment to he funded from the year 2001 Golf Course Fund, Capital Equipment Budget: Sebarber and Sons, Long Lake, John Deere Model 455 Tractor with 60” mower and 48” bucket at S12JS37, including 51,000 trade-in value for the old tractor; and MTl Dbtributing, Pfymouth, Toro Model 41440 Sprayer at 55,495. Vote: Ayes 4, Nays 0. *15. No Dogs in Parks Where Posted—Ordinance 209,2*** Scries Sansevere moved, and Nygard seconded, to adopt Ordinance 209,2"*' Series with a revision prohibiting Dogs or Cats in parks where posted by signs, and to approve the installation of signs prohibiting Dogs or Cals in French Creek Preserve Park. Vote: Ayes 4, Nays 0. CITY ADMINISTRATOR’S REPORT *16. Purchase of Voting Booths Sanseverc moved, and Nygard seconded, to approve the reallocation of 51,770 from the 2001 election Judge salaries budget to the 2001 small tools and minor equipment budget, w ithin the Election Department, for the purchase of nine additional voting booths. V'otc: Ayes 4, Nays 0. *17. IVIainIcnancc Agreement for Telephone System Sansevere moved, and Nygard seconded, to approve a 5 Year Equipment Maintenance Agreement with McLeod USA to cover the Inter-Tel Assess Telephone system with 46 phones and 4 port Asscssory Talk Voice Mail at a cost of 51,840 per year for a total cost of 59JIOO with a payment of 53,200 due within the lirst 12 months of the agreement and the balance payable over the final 4 years (51,500 per year) of the agreement, to be funded from the Office Equipment Maintenance budget of the General Fund Central Scrs ices Department; and to authorize the City Administrator to sign the 5 Y'car Equipment Maintenance Agreement for the period December 1,2001 through November 30,2006. Vote: Ayes 4, Nays 0. ORONO CITY COUNCIL MEETING TUESDAY* NOVEMBER 13* 2001 *18. 2000 - 2020 Community Management Plan—Final Adoption—Resolution No. 4723 .Sansevere moved, and Nygard seconded, to adopt Resolution No. 4723 adopting the 2000 - 2020 City of Orono Community Management Plan. V'ote: Ayes 4, Nays 0. *19. Long Lake Fire Station ContrHiutioa .Sansevere moved, and Nygard seconded, to authorize the deposit of $680,000 into an account held jointly by the cities of Orono and Long Lake, and to amend the Community Investment Fund budget to reflect the cipcnditure. Vote: Ayes 4, Nays 0. *20. Tax Forfeit Parcel* PID 04-117-23 13 0002—Resolution No. 4724 Sansevere moved, and Nygard seconded, to adopt Resolution No. 4724 Requesting Conveyance of Tax Forfeit Land for Public Use PID 04-117-23 13 0002 by the City of Orono. Vote: Ayes 4, Nays 0. *21. Moratorium on Telcconiniinication Antennas and Towers—Ordinance 210* 2"'' Series Sansevere moved, and Nygard seconded, to adopt Ordinance 210,2”'* Scries, adopting an interim moratorium on the granting of building permits, land subdivision, rezoning applications, conditional or special use permits, variances or other authority relating to the siting of w ireless telecommunication facilities and structure in all zoning districts in the City of Orono. Vote: Ayes 4, Nays 0. *22. Funding for Navarre Home Ownership Program Sanses ere moved, and Nygard seconded, to approve funding in the amount of $50,000 to assist two eligible households in purchasing townhoroe units in the Lake Minnetonka Woods development, such funding to be a temporary* loan from the General Fund to the Affordable Housing Grant/Loan Revenue Fund and to be repaid through grants to the City. *23. 2002 .Non-Union Employee Pay Adjustments and Insurance Contributions— Resolution No. 4725 Sansevere moved, and Nygard seconded, to adopt Resolution No. 4725 approving Pay Plan Adjustments for Non-Union City Employees for 2002. ORONO CITY COUNCIL MEETING TUESDAY* NOVEMBER 13* 2001 *23. 2002 Non-Union Employee Pay Adjustments and Insurance Contributions — Resolution No. 4725—Continued Vote: Ayes 4, Nays 0. *24. Request to Approve **Workins Out-of-Class'* AdminJsIratb ’e Sergeant Assignment Sansevere moved* and Nygard seconded* to approve a woridng-out>of>class temporary assignment as sergeant assigned to administration at the 2002 entry level sergeant rate* or a rate 5% above the assigned officer's current rate* whichever is greater. Vole: Ayes 4* Nays 0. *2S. Parks Donation Sansevere moved* and Nygard seconded* to accept the donation in the amount of S3,600 from Mr. James Anderst of the Narrows Saloon* and to express the City's appreciation to Mr. Anderst for his generosity*. Vote: Ayes 4, Nays 0. CITY AITORNEY’S REPORT The City Attorney’s Report was given aficr the mcetinj’ was adjourned. 26. LICENSES The license application from JMS Homes was withdrawn by the applicant. There were no additional licenses. *27. BILLS Sansevere moved, and Nygard seconded, to approve payment of the All Funds Account. Vote: Ayes 4* Nays 0. ADJOURNMENT The meeting was adjourned at 9:00 p.m. ORONO CITY COUNCIL MEETING TUESDAY, NOVEMBER 13,2001 ATTEST; Linda S. Vcc. City Clerk Barbara Pelers< n. Mayor ^ 4400 0 Q li)0 g jii p jJoO Q City of Orono, Minnesota Street Numbering Index Map UTh^- fe* lit iW. i»M om «M| U»T ?, 4MH.M AM t. •**^*** JM liL AGENDA FOR COUNCIL MEETING SET FOR MONDAY. NO\XMBER 26.2001.7:00 P.SL ORONO COUNCIL CIIASIBERS, 27*0 KELLEY PARKWAY, ORONO. MINNESOTA (•) Asterisk items are consideted to be routine items to be enacted upon by one motion by the City Coimcil under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet • located on the counter new the sign in sheet •• •« i| . NOV 2 6 2001 CllYOF ROLL CALL CONSENT AGENDA I. Approse^Amend APPROVAL OF MINUTES • 2. Regular Council Meeting orNosember IJ. 2tX)l PARK COMMIS.SION COMMENTS • Andiesc MeOermott, Rcprescntatisc PLAN-NING COMMISSION COMMENTS • Liz Havtn, Repccscniattv* l.MCD REPORT • Lili McMillan PUBLIC COMMENTS • (Unil 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 3. #01*2736 Long Lake Fire Station, 340 Willow Drisc North • Land Alteration Conditional Use Permit • Public Hearing • Resolution * #2640/41 Orono Ainbar. 2060 Wayzata Doulcsard • Request for OfTice Site Park Fee Deferral #01*2711 Western Steel Erection, 2617 Wayzata Uoulevard * Conditional Use Permit • Resolution #01*2718 Amendment to Zoning Code Section 10.03, Subdivisioa 15 Relating to Fence Standards * Ordinance #01*2729 W. Gregory and Katherine Coward, 1950 Heritage Drive * Conditional Use Permit * Resolution #01*2732 Revis Stephenson III, 1850 Fox Ridge Road * Conditional Use Permit * Resolution #01*2733 William D. and Lynae Peterson, 420 Orcluud Park Road • Variance Renewal - Resolution • 10. #01*2734 Margie Newton. 503 Orchard Park Road • VoriatKCS * Resolution 11. #01*2735 Amendment to Zoning Code Section 10.03, Subd 14, Structural Lot Coverage MAYORKTOUNCIL REPORT PUBLIC SERVICE DIRECTOR'S REPORT CITY ADMINISTRATOR'S REPORT 12. 2002 MecUng Schedule 13. Accept Police Department Grant for Snowmobile Training AGENDA FOR COUNCIL MEETING SET FOR MONDAY. NOVEMBER 26,2001,7:00 P.NL ORONO COUNCIL CHAMBERS, 27*0 KELLEY PARKWAY. ORONO. MINNESOTA CITY ATTORNEY S REPORT 14. UCENSES 2002 Liquor License Renewals Kennel • 15. BILLS ADJOURNMENT I a atsae.aK ae»t«r». ••M . N»l UPCOMING ISSUES AND EVENTS 2fiU 11/26 • Council Mectinf. 7:00 pm ,«««* n..i •« REQUEST FOR COUNCIL ACTION (^QV 2 6 200t 7:00 D.m. PUBUC HEARING CU t wr unu«0 DATE: Noxcmbcr 21.2001 ITEM NO.: 3 Dcpartmeat Approval: Name Paul Weinberger THk Zoning Adminisiralur Adniaislrator Reviewed:Agenda SeclioD: Zoning Item Description: Zoning District: iiOI-27J6 Long Lake Fire Station 340 Willow Drive North Land Alteration - Conditional Use Permit RR»I B. One Family Rural Residential f2 acre) A Resolution B Plan Set (Dated November 5.2001) C City Engineer Comments (Noventber 12, 2001) D Plat Map E Property Owners Notification List Site preparation will begin soon for the new Long Lake Fire Station. The first step in the priKcss i ."fire station construction is the regrading of the site to establish a building pad on the property. A conditional use permit is required when land alteration in excess of 500 cubic yards is proposed on a site. The total land alteration proposed is 22.461 cubic yards. Prior to fill being transported to the site the top 2' to 4* of top soil w ill be stripped and stockpiled on the east side of the property. The base for a future building would be added and the overall site elevation would be raised. The proposed first floor elevation of the fire station building would be 1004*. Raising the site and soil correction is necessary to even the elevation of the property. Elevations would establish a level building site but also a level parking area that would be constructed on the east side of the proposed building. The property currently slopes to the southeast The proposed finished grades would allow drainage to follow the same general pattern that currently exists on the property. The grades indicate the drainage is from the northwest to the southeast. There are a number of trees on the property that will be removed as a result of the redevelopment of the site. Those areas within the grading limits as shown on the attached grading plan w ill be required to have trees removed. A detailed tree inventory is attached. Silt fence w ill be placed around the grading limits of the site and stock pile area. The silt fence is in place not only to dcfir.e the grading limits but is in place for erosion control. All sediment w ould be protected from leaching of the site. Tom Kellogg. City Engineer, has requested haul routes should be identified and a traffic control plan should be provided along with start and end dates for the project. #01-2735 Long Lake Fire Station 340 Willow Drive North 1 1/26/2001 Council Meeting Pace 2 of 2 __________________ Public Hearimt Required The Orono Council is required to hold a public hearing for the land alteration conditional use permit. This item was not reviewed by the Planning Commission. There is a provision *n the Zoning Ordinance that the Council may waive reference of conditional use permit applications to the Planning Commission, but only by unanimous action. An official notice was published for the meeting as well as notices were mailed individually to each property owner within 350' of the subject property boundries. It should be noted that the public hearing is for the land alteration conditional use permit, it is not a hearing for discussion of the finished site plan. Design of the fire station and site plan w ill be reviewed by Long Lake and Orono when final design work is complete. The Zoning Ordinance states Municipal Uses are permitted in Residential districts in the City of Orono. The fire station is therefore a permitted use on the property. Staff RecommeBdatioB Staff recommends approval of the conditional use permit subject to the follow ing conditions relating to the finished grade and construction activity: 1. The MCWD shall issue an erosion control permit prior to issuance of a land alteration permit. 2. Silt fence shall be placed around the grading limits of the site and stock pile area per the plan set. 3. Haul routes should be identified and a traffic control plan should be provided along w ith start and end dates for the project. 4. Erosion control measures in addition to silt fence may be necessary to protect the proposed 2:1 slopes on the surcharged area. 5. Contractor shall be responsible for maintenance of the road and any deposits or debris on the roadway. COUNCIL ACTION REQUESTED Motion to adopt the attached resolution approving a conditional use permit to permit land alteration and soil correction on the property in e.xccss of 500 cubic yards. . A RESOLirriON GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 19 FILE NO. 01-2736 WII ERE AS. Ihe Cily of Orono. (hereinafter "ihe applicant") is o\\T»er of the property located at 340 Willow Drive North within the Cily of Orono (hereinafter "the Cit>") and legally described as follows: Attached “Exhibit A”. Hennepin County. Minnesota (hereinafter "the property"); and WHEREAS, the existing Long Lake Fire Station is being purchased by the Minnesota Department on'ransportation and the Fire Station is being relocated to 340 W'illow Drive North in the City of Orono: and WHEREAS, the City of Orono. on behalf of the Long Lake Fire Station, has made application for a conditional use permit to permit land alteration of greater than 500 cubic yards on the property: and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning Code, the Orono City Council held a public hearing on November 26. 2001. at which time all persons desiring to be heard concerning this application \sere given the opportunity to speak thereon. Minnesota: 1. 2. 3. NOW. THEREFORE, BE IT RESOLVED by the Cily Council of Orono. HNDINGS This application was reviewed as Zoning File #01-2735. The property is located in the RR-IB. Single Family Rural Residential Zoning District. Municipal Uses are a “permitted” use in the RR* 1B zoning district, therefore the fire station use of the property is permitted. Page 1 of 6 8. A conditional use permit is required when land alteration in excess of 500 cubic yards is proposed on a site. The total land alteration proposed is 22>»16L cubic yards. Soil correction is necessary to even the overall elevation of the property, hlevatiuns would esuiblish a level building site but also a level parking area tlut would be constructed on the east side of the proposed building. The property currently slopes to the southeast. Ihe proposed finished grades would allow drainage to follow the same general pattern that currently exists on the property. The grades indicate the drainage is from the northwest to the southeast Tlie City Council finds that granting a conditional use permit to permit 22,461 s.f. of land alteration w ill not be detrimental to the health, safety or general welfare of the public, will not adversely alTect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property value.s and that the proposed level of use of the property w ill be in keeping w ith the intent and objectives of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application, report by stalT, comments of the applicant and the alTect of the proposed use on the health, safety, and welfare of the community CONCLl .SIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby approves a conditional use permit per Municipal Zoning Code Section 10.03. Subdivision 19 to pennit land alteration and fill of 22,461 s.f. for the purpose of establishing a future Long L.ake Fire Station building site subject to the folic wing conditions: 1.The MCWD shall issue an erosion control permit pricr to issuance of a land alteration permit. Silt fence shall be placed around the grading limits of the site and stock pile area per the plan set. Page 2 of 6 M 3. Haul routes should be identified and a traffic control plan should be provided along with start aid end dates for the project. 4. Erosion control measures in addition to silt fence may be necessary to protect the proposed 2:1 slopes on the surcharged area. 5. Contractor shall be responsible for maintenance of the road and any deposits or debris on the roadway. 6. Authorities granted by the conditional use permit run with the property not with the applicant, but are permissive only and must be e.\ercised by application for a land alteration permit within one year of the date of Council approval, or this conditional use permit will expire on that date (November 26,2002). 7. Violation of or non-compliance with any of the terms and conditions of the conditional use permit approval shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. The undersigned owner has read, understands and hereby agrees to the terms of this resolution and on behalf of the City of Orono, its’ heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Page 3 of 6 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 26th day of November, 2001. ATTEST: Lindas. Vec, City Clerk Barbara A. Peterson, Mayor City Official STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 26th day of November. 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 day oflire foregoing instrument was acknowledged before me on this _______ _, 200 ____by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument w as executed on behalf of the City. Nolao’ 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 proved on the basis of. a credible____whose identity I proved on the oath/affirmation____________ witness and who executed the foregoing instrument, and acknowledged that hc/shc/ihey executed the same as his/her/their free act and deed. Notary Public Page 6 of6 LEGEND — anmaNtfiiiwi• • ----------------1------------------------------•-----------------WnTTMOMC — ,1— — . - .. —— OMrrr ■ ■ ttCICN - OUMtltN . ■ ■ ' torrUNTM jwujnmMimJuuimuiMjm cowwn EXISTING MOMI 0* »*»y — — —-mMMun (AMMDrt ■ ■■ — MOWmM —————------ HMMOHTCyMkT ■ » » (MaiMrTMMCiiMeMMacu I rOMCfkWM I tAMiMrrtrMfJiUlfMCi -------X—M . WAHMMM HnWAMt JMO VM Vf ^- ♦— wAnnuHviccAMOcuMatTvioi • WAnnVMI^ |> o ■■■ STOMMtrMUIMOMMMOU ■ CATCNBAIM CUVUtT ■ ■ ■« t auUMAO .................. 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MINNESOTA iKvcmoloo r. ‘ o - J-'l ...I) ^l'\ •v ® i; • :f.jS^ ( ’ /.-C >'!. - ■•.;4fU' t0O4- ■^WT .iik^ \r / . yi^ ■ f i / ci ; /•*- H,?/ / tno9*M»MA <9 ' f 1 •'''A V ’ ? ;#■'^ I t Ilk I L-4> ■ ^ , . N^ •' tfr^-fr::^^ 0, r; d) Wvj:* \V -;t; A 1A.-:^ l '-7 i ’---'’■r--'’-:::.;. V-- >TC- V> lUMt - ~5^.r. • -4 •.»--o'V f . n !»• S r -jm*-G O ^>V i -'i »/ ••- ■•• i* .»K sf ui 4 %»r^cs • Atli£^SMIlL___=. /tffKMCOMOOPDnMNMO JO- L l G^NQ tatlofl y«cMM SHcctf sat rtn<« PropoMd Conloun CslaUng Contours (Toptol SUIptMd) Key Notas ^ ntowt KKM. COHSnMCTXJH ENTWAXe ^ ro^aaLsnvfwoAMA ^ AVeOCFTHrTO# ^ nnuRSPAitiaNOAfteA(MC) ^ nmjR£Buu>MorooTPimTcNic) SUROiMGCGftAOMO IEKSION CONTWX PIAM LONG LAKE fRE STATION W PACXACE R M»V '• IM- LUXX 5<»» *» ?.“X • A rjcv . -1* * '•■■ ................................................................................... . ^ A:.-. :-vi^ ^::4, I wVCaJiL G tay >•-- r- f> n> y« ».?- ^jwyi** f«r *»•• T «•«*» Sta«««> tv «».<».* C»<Hfr««i ’-«« .Vt i» <»>».< • •4 1 »J. ' »J ! r’ ». «,»* • C«y <»>■.• : »• •,*.! «V. »».i *CTa«r ••,r;t «-« W««n f'-vj# \P CC*W C' « *TO» •• rt d r. I Mjrj' »\ •»f .: ■ t«i. ‘ :* ‘ f~ics •»!W r i#nO«)ICOONOOMMNO MMMM ^ T-, UMUMCF^AHOMIIO^^ MOmMTXMOI&V ; 5 1 ' IRC VR iliiiili: •t • y .»f* T>af«M 1 e» w (1''.C«s.-3^ -t t»»« ¥■*»•« ^ Uf» >L^. .W•*^^ t .0 i< •. .. <>■'9‘i nr* tp i 1 *9 •J*fJ» ‘ ^ a . .1—« T-*.? *V, •< > «3-—* • «ri* *V J «-.»l ^ !'• Jt ScwNR. nia. «j nrann '*•- 4 .«c V ?\.j « 't yc^cs •• SSc^SSSS^/mOWH>M»N>OIUMIM •0UMMRV8URVCV UMO MC RRE STAnON M> MCKAQE tl ■rattMTKMONlV B •oMtUM. Boien*. Andtrttk and AiiMlMal. Inc. It an ANlrnMM** Acilon/f dual OpaociuMly tmploirtf and Imatoy** Owned armcipalt: Olio O Sonettroo. • Mlw«<n t Un**U a| • Glenn • Coo* at • foCrtt G HiHXMni at • jefi>' A Botadon. at tenlof Coniullanic eotie«t W Roiene. at • Joirpn C AndeOi*. at • aKnwtl t Tiiinef. at • Wtan M flierkn. C aA Aiioiiele **rinti#eU «rtii> A Coxton at • todeM t aferfriie at . dAnard W foiie* at . Oj*kI O Ioiioia at • Mj/* a Hwnon at . MkIuwI r tauimwin at .Ted * twid at • Cennem a Andefion at • Mar* « aodl at • Da»id A BoneU'oo MBA* Vdney a iVrtKamion at 11 • Aqnet M tmg MBA* Allan »k* ItnnmA at • inomai *• aeierion at • Jamei ■ Ma>and at • Marl B ienien at • 1 ama* Crarel W at • Oaivel J t<t9«rlon at Itmael Martinet at • »*iomat A 1/1*0 at . Srwkton 1 Ainnion . Ode A Grove at • triomat A Bouinar at • •oOeri 1 Oevetf at Olticei: II aa*ii. ti Cioud Bottieiief and W.iimar MN • M.'«vJu*ee Wl • CnAaQO a IMtbiile. WWW bonntroo corn \ • J^Bonestroo &2R0sene Anderlik & |\|| Associates Engineers & Architects November 12.2001 Mr. Michael P. Gaffron. Senior Planning Coordinator City of Ofono Post Office Box 66 Crystal Bay, Minnesota 55323 Re: Long Lake Fire Station File No. 139-01-000 Dear Mike. We have reviewed the plans and specifications for soils corrections at the Long Lake Fire Station site. The site is located at 340 Willow Drive in Orono. The following ore comments with regards to engineering matters: • The plans and proposal identify embankment in excess of excas'otion. Excess material will need to be truci»d in. Haul routes should be identified and a traffic control plan should be provided. • Plan sheet 2 incorrectly identifies total excavation as 1 2.461 C.Y. (EV). The total should be revised to 22.461 C.Y. • Project start and completion dates should be stated in the specifications. • Erosion control measures in addition to silt fence may be necessary to protect the proposed 2:1 slopes on the surcharged urea. Please contact me at (651 ) 604-4863 if you have any questions regarding this matter. Yours very truly, BONESTROO. ROScNE. ANDERLIK & ASSOCIATES. INC. ------- Tom Kellogg ^ cc: Greg Gappo. City of Orono 2335 Wtst Highway 36 • St. Paul. MN S5tl3 • 651-636-4600 b Fax: 651-636-1311 Hennepin County Taxpayer Services Departmeritlilp Parcel Irifolmatiiiff^ Parcel 10 3411123320003 Houaa Number 340 . ; . 4. ItTMt Nam# WILLOW DR N This is not* legally twcorthdmap. ttrapmsantsa cooy)te(k>n ofkihnnation and data trom City, County, and State road aulhortbas and other sourcaa. 1 1 MM DATE n/M/tl iATCH S«2 HEMICflN COUNTV PMPEITV INTOMUTlOM SYSTEM rffOPERTV OtMERS LIST REMMT NO. flASMfl PACE 4 PROP AOOR ONNER NAME TAXPAYER NAME/AOOR 72 M-11R>25 52 M14 ■P241 HARRINOTON OR CHRISTOPHER J RXESCR CHRISTOPHER J RIESER 241 HARRINOTON DR LONG LARE NN 555S4 72 54-U8-2S 52 R017 •I2SS HARRINGTON CIR JOHN T MIOINO JOHN T WlDiNG 255 HARRINGTON CIRCLE LONG LAKE MN 555S4 72 54*110*25 52 MIR 00245 HARRINGTON CIR DAVID J REID DAVID J REID 245 HARRINGTON CIR LONG LARE NN 55554 PROP AODR OMNER NAME TAXPAYER NAME/AOOR 72 54*110*25 52 0014 00275 HARRINGTON CIR R M DEAN A J L DEAN KRISTOPHER 0 JENNIFER DEAN 275 HARRINOTON CIR LONG LAKE NN 55554 72 54*110*25 52 0020 00205 HARRINGTON CIR 0 « J DROEN BRIAN N DROEN 205 HARRINGTON CIR LONG LAKE UN 55554 72 54*110*25 52 0021 00247 HARRINOTON CIR L S I M L GUSTAFSON LINDA S 0 WAYNE L GUSTAFSON 247 HARRINGTON CIR LONG LAKE NN 55554 PROP ADOR OWNER NAHE TAXPAYER NAHC/AODR 72 54*110*25 52 0022 00507 HARRINGTON OR STATE OF HN NN DEPT OF TRANSPORATION 01R*R1GHT Of WAV OPERATIONS ST PAUL HN 55155 72 54*110*25 52 0025 00514 HARRINGTON DR STATE OF niNN NN DEPT OF TRANSPORTATION DIR*RI6NT or WAY OPERATIONS ST PAUL HN 55155 72 54*110*25 52 0024 00521 HARRINGTON DR STATE or HN HN DEPT OF TRANSPORATION 01R*RI6HT or WAV OPERATIONS ST PAUL NN 55155 PROP ADOR OWNER NAME TAXPAYER NAME/ADOR 72 54*110*25 52 0025 00541 HARRINOTON DR STATE Of HN NN DEPT OF TRANSPORATION DIR*R1GMT OF WAV OPERATIONS ST PAUL NN 55155 72 54*110*25 52 0024 00551 HARRINGTON OR STATE or NN HN DEPT OF TRANSPORATION DIR* RIGHT OF WAV OPERATIONS ST PAUL NN 55155 72 54*110*25 52 0027 00554 HARRINGTON OR STATE OF HN NN DEPT OF TRANSPORTATION OIR*RiCHT or WAV OPERATIONS ST PAUL HN SMSS ) < PROP AODR ONNER NAME TAXPAYER NANE/AOOR 72 54*110*25 52 0020 00544 HARRINOTON OR STATE or NN HN DEPT OP TRANSPORATION DIR*R1GNT OF WAV OPERATIONS ST PAUL MN 55155 72 54*110*25 52 0050 00522 HARRINGTON OR VIL OF LONG LARE CITY or LONG LAKE PO SOX L • 1444 PARK AVE LONG LAKE NN SS554 72 54*110*25 52 0055 00200 HARRINGTON DR VIL or LONG LAKE CITY OF LONG LAKE PO BOX L • 1444 PARK AVE LONG LAKE HN SS554 PROP AOOR OWNER NAHE TAXPAYER WANE/AOOR 72 54*110*25 52 0054 00270 HARRINGTON DR P A OGLANO t A HUELLER PEGGY OGLAND/WILLIAH HUELLER 270 HARRINGTON OR PO MM 5 LONG LARE NN S5S54 72 54*110*25 52 0055 00244 HARRINGTON OR O W STICKNEV 0 J 0 STICKNEV GEORGE W STICKNEV JOAN OLXVERIUS STICKNEV 2540 COUNTRYSIDE DR LONG LARE m 55550 72 54*110*25 52 0044 00072 AOORESS PENDING BURLINGTGN NORTHERN R R CO B N I SANTA FE RR CO PROPERTY TAX DEPT PO BOX 441004 FORT WORTH TX 74141 r)\r • V ^ V' // —f *-•—■■ • 'F4<T>4.» -1—, RUN DATE 11/M/tl RATCH SR2 NENNCPIN COUNTY rROrERTV INFONtlATlON SVSTEN PROPERTY OWNERS LIST REPORT NO. PlASMRl PAOr S PROP ASM OMNER NAME TAIPAYCR NAHE/AOOR PROP AOOR OMNER NAME TAXPAYER NANE/AOOR PROP ADOR OMNER NAME TAXPAYER MAITE/AOOR PROP AOOR OWNER NAME TAXPAYER NANE/AOOR M SS-na-25 51 Mlt •••SR AODRESS UNASSICNEO CM RY CO R N B SANTA FE RR CO PROPERTY TAX DEPT ro BOR R•I•RR FORT WORTH TX 7mU1 SR 5S-11R-2S 52 •••2 •••SR ADDRESS UNASSIGNEO RURL1N6T0N NORTHERN INC R N A SANTA FE RR CO PROPERTY TAX OEPT PO ROM RAlSaR FORT WORTH TX 7MU1 SR 5S>lia-25 A1 BBRS ••22S WILLOW DR N JANES D DILLHAN JANES D DILLNAN 225 WILLOW DR NO LONG LAKE NN 55S54 PROP AOOR OMNER NANE HANE/ADOR SR 5S-I1R-2S A1 •••« •2ASS MOOOHAVEN DR NXLTON H BIX HILTON H BIX ZARB WOOONAVEN OR LONG LAKE NN 5S35* SR S3-11R-2S A1 ROia •ZAAS WOOONAVEN DR J I P HARRIS JOHN T A PATRICIA L HARRIS 2AAS WOOOHAVEN DR LONO LAKE HN 5SS54 SR SS-1IR-2S A1 RRll •••SR ADDRESS UNASSIGNEO WOOONAVEN HONEOWNERS ASSN WOOOHAVEN HONEOWNERS ASSN C/O LINDA HUTCHINS 2B5R WOOOHAVEN DR LONO LAKE HN S5S5* PROP ADOR OWNER NANE TAXPAYER NAHC/AODR SR SS-IIS-ZS AI SRIZ ••SA5 WILLOW DR N GEORGE L OSGOOD ETAL GEOROC L OSGOOD SA5 WILLOW OR N LONO LAKE IM SSSSb SR ss-iia-zs Ai avis •••SR ADDRESS UNASSIGNEO G H A S L GRONRERG GLENN N A SANORA L GRONRERG SZS N WILLOW DR LONG LAKE Ml 5SS5* SR SA-11R-2S S2 •••! •••SR AODRESS UNASSIGNEO E N HILLER ETAL EDWARD N HILLER W IIRR WAVZATA BLVO LONG LAKE HN 5SS5R ) I •> SR SR-lia-ZS 52 •••S ••SAB WILLOW OR N CITY OF ORONO CITY OF ORONO P 0 BOX AA CRYSTAL SAY NN S5S2S SR SA-llR-ZS 32 SBOA ••ZAB WILLOW OR N RONALD E HILLFR RONALD E HILLER Z7B N WILLOW DRIVE LONO LAKE NN 5SSSA SR SA-lIR-ZS SZ •••• •••SR ADDRESS UNASSIGNEO MN L NURSN LYOLA HURSH 7AA HILLTOP CT NOUNT DORA FL S2757 SR SA-IIR-ZS SS •••! ••177 GLENDALE OR PRESBYTERY OF HPLS INC CALVIN PRESBY CHURCH GRAND AVE t GLENDALE LONb LAKE NN 5SS5A SR SA-iia-zs SS aasA ••!•• WILLOW OR N KEITH A WILLIANSON ET AL KEITH A WILLIANSON IM N WILLOW OR LONB LAKE NN 5SSSA 72 M-1IB-2S SI ••77 •••72 ADDRESS UNASSICNED BURLINGTON NORTHERN INC B N t SANTA FE RR CO PROPERTY TAX OEPT PO BOX AAisav FORT WORTH TX 7A1AI 72 SA*11B-2S S2 SaRZ ••2BI GLENDALE OR CALVIN PRESB CHURCH OP CALVIN PRESBY CHURCH GRAND AVE • GLENDALE LONO LAKE HN S5SAS 72 SR-11R-2S S2 •••R ••2S1 HARRINGTON OR N C PESCHEL ET AL NICNAEL C PESCHEL S54 HARRINGTON OR LONO LAKE HN SSSSR 72 SR-1IR-2S 52 ••!! ••2S2 GLENDALE OR A J • B ANLSTROH ARVIO J ANLSTROH 252 GLENDALE OR LONG LAKE HN 55S5R O)‘•Hi. roi •••'»•« NOV 2 6 2001 CiU ur uiiuiMU REQUEST FOR COUNCIL ACTION Dale: November 15,2001 Item No.: Department Approval: Name: Michael P. Gaflron Title: Planning Director Adminiitrator Approval:Agenda Sectloa: Zoning Item Description: 112640/2641 Orono Ambor, 2060 \Va>7ata Boulevard • Request for Delayed Pa>-ment of Park Fees for Office Site The Dunbar subdivision created a 2.68>acrc commercial lot for office use (Lot I) and a 4-acre senior housing lot (Lot 2). Park fees for Lot 2 \%-erc deferred for as long as the |>roperty remains in use for senior housing, and will be forgiven at the end of the 25->car TIF period if there is no default at that time. The City intends to recoup the senior housing park fees through its share of the TIF proceeds in >cars 21 -25. The $35.510 commercial pork fee for Lot I is due. by ordinance, at the lime of subdivision. Administratively it is more efficient t<^ collect the fee from the developer up front than to attempt to collect it individually from builders or property owners at a later date when a home is constructed. Dunbar is requesting (hat payment of (he commercial park fee for Lot 1 be deferred until the time Lot I is developed, which might be in 2002 but could be 2003, depending on the ultimate use of that site. As previously noted to Council, the office market has dried up, and a number of alternate uses for the site arc being contemplated. Any commercial (i.e. non-residential) use of Lot 1 would have a park fee based on the commercial fee schedule, currently $ 13.250 per acre regardless of the type of commercial use. 1 lowever. if Lot 1 ultimately was u.scd for a residential u.sc such as assisted-living senior housing. the park fee would be charged at the residential rate per dwelling unit, resulting in a dilTeamt amount than the commercial fee. Dunbar has indicated a willingness to accept a short 2-year window for the deferral, and he will execute whatever promissory note or contract we might ask for. Staff Recommendation Staff recommends that the $35,510 commercial park fee for Lot 1 be deferred for a period nut to exceed 2 years from the date the plat of Orono Ambar is filed with Hennepin County. The current amount of S35.510 is based on the lot si/e of 2.68 acres and a commercial pork fee per the 2001 fee schedule of $13,250 per acre. The amount due shall be adjusted to coincide with the commercial per-acre fee in effect on the dale payment is made. Further, it must be paid in full before any permit for construction of a non-residential building on Lot 1 is issued. If residential use of Lot I ultimately occurs, the amount of the park fee shall be adjusted accordingly during the PUD amendment process. COUNCIL ACTION REQUESTED Approve deferral of commercial park fee for Lot I of the plat of Orono Ambar per staff recommendation, and authorize staff to execute an agreement with the Developer per the terms stated above. Appticalioii Dale: S/20/01 Appllcatioa Deadline: 12/18/01 REQITEST FOR COUNCIL ACTION ...-frrtNO NOV 2 6 2001 Cm T v/r onumU DATE: No\ember 20.2001 ITEM NO.: Department Approval: Name I’ ml Weinberger Title Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item DeKriplion:<t0l-27l 1 Western Steel Lreclion Inc. 2687 Wa>'7ata Boulevard Conditional Use Permit Site Pbn Review LblofEsliibits A Resolution B Original Site Plan C Rev ised Site Plan Background Western Steel Erection. Inc. has leased the 16.200 s.f. building located at 2687 Way/ata Boulevard. Western Steel has approached the City of Orono because their property in Long Lake is scheduled to be acquired by the City of Long Lake for a new Public \\ orks facility . Western Steel consti acts steel flaming beams used for construction projects. They are a permitted use in the Industrial District Council Action • November 12. 2001 Council conceptually approved the site plan for Western Steel for the conditional use permit to permit permanent "outside storage"* to pros ide outdi>or parking for 6 trailers. 2 trucks. 2 cranes, and I boom truck at the southeast comer of the property The revised site plan has been attached that includes the insullation of an above ground fuel unk and canopy . The canopy located above the fuel tank is proposed to be block w ith red support posts. The fuel station was approved based on the fuel tank must be located a minimum of 50* to the building and 50* to a lot line. Tlie only liKation on the property that a fuel tank could be constructed and meet i.ic required setbacks was in front of the building rather than beside the building as originally proposed. Council required a continuation of the landscaping to the west side ol the property between the property line and the solid wood fence. Behind the fence it is required that the north half of the gravel parking area be remov ed and replaced w ith natural ground cover as outdoor storage is limited to the southeast comer of the property . Additional landscaping shall be added between the fuel station and the east property line. listtcs for discussioa 1. Fence Materials and Standards 2. Types and Location of Trees J. Color of Fuel Station Canopy 001-271 1 Western Steel Erection Inc. 2687 Wayzata Boulevard Pane 2 of 3_____________________ Plaaninf Commhaioa Recommendation The Planning Commission recommended on a vote of6 to 0 to approve the outside storage conditional use permit. The site plan the Planning Commission reviewed is anached as Exhibit B. The new proposed site plan is attached as Exhibit C. The new plan would require removal of the existing house located at the front of the property and construction of the parking lot where the existing house is located. The Planning Commission recommendation was based on tlie follow ing conditions relating to the outside storage and overall site plan: 1 . The parking and outside storage areas shall be located a minimum of 10' from side property lines. 2. A screening plan should be provided including fencing and landscaping on site in accordance with zoning requirements. Additional landscaping shall be installed on the west side of the property to create a natural landscaping buffer between Highway 12 and the parking area. 3. Parking surfaces shall be paved and striped iThe parking lot has been rehKiUed-City Engineer has requested additional plans tihit will detail the design oj the parking lot and indicate curb lines ) 4. A final drainage plan, based on required paving and regrading, shall indicate drainage patterns and stormwater detention areas or drainage areas to properly manage stormwater flowing over and leas ing the property. (Staff has reviewed a plan that details drainage patterns - however the City Ims requested pre and post drainage calculations) 5. The outside storage area shall be limited to the northeast comer of the property parking areas, paving limits, parking lot striping, parking areas for crane equipment and company vehicles, and open drive space for access and mobility on-site as well as emergency vehicle access. 6. Activity related to outside storage shall be limited to the hours specified by Western Steel Erection. Inc as their regular business hours. 7. Light sources must not be visible beyond the property boundrics. 8 Outside storage activity shall occur only during regular business hours, including deliveries, transportation of materials on site and parking of business related vehicles. 9. All noise generated by the operation of the business shall not c.xceed the allowed noise levels as set by the City of Orono Noise Ordinance. 10. Final plans for the above ground fuel tank shall be reviewed prior to approval of the conditional use permit. 11 . Drainage and Utility easements shall be granted S' along interior property lines and 1 O' along exterior property lines. #01-271 1 Western Steel Erection Inc. 2687 Wayzata Boulevard Page 3 of 3 Sta(T RecunmeidaliffiB Suff is recommending approval of the application. Final permits can be issued following Western Steel meeting all conditions of the CUP and review of drainage calculations, pavement design for the parking lots. COUNCIL ACTION REQUESTED Motion to adopt the attached resolution approving the conditional use permit for outside storage and appre val of the site plan. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 19 FILE NO. 01-2732 WHEREAS. Western Steel Erection. Inc., (hereinafter "the applicants") and Ace Properties, arc owners (hereinafter “the o\wiers”) of the property located at 2687 Wa>-zata Boulevard within the City of Orono (hereinafter "the City") and legally described as follows: Attached Exhibit A. Hennepin County. Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied for a conditional use permit per Municipal Zoning Code Section 10.50, Subdivision 3 to permit outside storage on the southeast comer of the property and for a commercial/industrial site plan review; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on September 17,2001 and October 15,2001 , at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: 1. 2. 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #01-2711. The property is located in the I, Industrial Zoning District. The Orono Planning Commission recommended approval of the application by a vote of 6 to 0 on October 1 5.2001. Page 1 of 9 i 4. The Planning Commission made the following findings of fact: A. Western Steel Erection, Inc. has leased the 16.200 s.f. building located at 2687 Wayzata Boulevard. Western Steel has approached the City of Orono because their property in Long Lake is scheduled to be acquired by the City of Long l^ke for a new Public Works facility. Western Steel constructs steel framing beams used for con.struction projects. They are a permitted use in the Industrial District. B. The conditional use permit for outside storage includes the use of only tlie southeast comer of the property. The items the outside storage would be limited to is to provide outdoor parking for 6 trailers. 2 trucks. 2 cranes, and I boom truck. C. The remainder of company vehicles and equipment would be stored within the building on the property . D. The required setbacks for the parking and outside storage must be a minimum of 75’ IVom the front property lines and 10' from the side and rear lot lines. Parking stalls are required to be 20’ in length and 9' wide. Parking areas are proposed to be surfaced with a hard, all-weather, durable, dust-free surfacing material and be properly drained and landscaped. E. Per Municipal Code requirements the parking area facing the public street (existing Highway 12) shall have a solid wall or fence of not less than four feet nor more than six feet in height along such facing. Evergre^ n trees will be planted between the solid fence and the highway to provide a more natural appearance and to screen the property from the right of way. F. The screening of the open storage area shall be screened by a fence or wall not less than five feet in height and not less than 50% opaque. The proposed chain link fence will have space'*’ installed to ensure the screening requirement is met. Page 2 of 9 5. The Council finds that the proposed fuel station location is justified by the fact the fuel tank is required to meet a minimum 50 ’ setback to the property line and a 50* setback to the building. The only location on the property the fuel tank can be located is between the building and the front property line. 6. The City Council finds that granting a conditional use permit to permit outside storage on the property will not be detrimental to the health, safety or general wellare of the public, will not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicunt and the affect of the proposed use on the health, safety, and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based uf on one or more of the above findings, the Orono City Council hereby approves a conditional use permit per Municipal Zoning Code Section 10.50, Subdivision 3 to permit outside storage on the southeast comer of the property and for a commerciaPindustrial site plan review subject to the following conditions: 1. The site shall be developed in accordance with the site plan attached hereto as Exhibit B. 2. The parking areas shall be surfaced with bituminous surface and striped per the requirements of the City Engineer and * e MCWD. 3. The north half of the existing gravel parking area shall be removed and replaced with natural surface. 4. The parking and outside storage areas shall be located a minimum of 10' from side property lines. 5. Evergreen trees shall be provided between the front property line and the fence in accordance with the trees installed. Additional trees shall be planted east of the fuel station with the intent to fully screen the fuel station as the trees reach maturity. Page 3 of 9 6. A final drainage plan, based on required paving and regrading, shall indicate drainage patterns and stormwater detention areas or drainage areas to properly manage stormwater flowing over and leaving the property. Final plan shall be approved by the City Engineer prior to construction. 7. The outside storage area shall be limited to the southeast comer of the property. 8. Light sources must not be visible beyond the property boundries. 9. Outside storage activity shall occur only during regular business hours, including deliveries, transportation of materials on site and parking of business related vehicles. 10. All noise generated by the operation of the business shall not exceed the allowed noise levels as set by the City of Oiono Noise Ordinance. 11. Drainage and Utility easements shall be granted 5' along interior property lines and 10' along exterior property lines. 12. Authorities granted by the conditional use pemiit run with tlie property not with the applicant, but are permissive only and must be exercised by application for a land alteration pemiit within one year of the date of Council approval, or this conditional use pemiit will expire on that date (November 26, 2002). 13. Violation of or non-compliance with any of the terms and conditions of the conditional use permit approval shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor, 14. The undersigned owners and 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. Page 4 of 9 Adoplcd by the City Council of ihc City of Orono. Minnesota at a regular meeting held on the 26th day of November. 2001. ATTEST: Lindas. Vec. City Clerk Barbara A. Peterson. Mayor Property Owners Applicants STATE OF MINNESOTA COUNTY OFHENT^EPIN The foregoing instrument was acknowledged before me on this 26th day of November. 2001 by Barbara A. Peterson. Ma\-or 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 jay ofThe foregoing instrument was acknowledged before me on this _____ ________, 200____by Linda S. Vee. City Clerk of the City of Orono. a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 9 i STATE OF MINNESOTA COUNTY OF HENNEPIN On this ___day of.,20 personally appeared before me. ____who is personally known to me ____ whose identity I proved on the basis of _ whose identity I proved on the oath/afTirmation witness a credible and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public 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/affinTiation witness a credible and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as hislter/their free act and deed. Notary Public „ r > '5 T- Page 6 of 9 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. a credible____ whose identit) I proved on the oath/afTirmation ____________ witness and who ex.^cuted the foregoing instrument, and acknowledged that he/she/they executed the same as his/hcr/their fr.*e act and deed. STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of. Notary Public -,20_ personally appeared before me. ____ who is personally known to me ____ whose identity I proved on the basis of. a credible____ whose identity I proved on the oatlt'afllrmation ____________ 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 P«ge7of 9 LEGAL DESCRIPTION OF PREMISES: Thol port of tho Southwoat QuarUr of tho Northeast Quarter of Section 33, Township 118 North, Ronge 23 West of the 5th Princlpol Meridian, described os follows: Ccnnwneing at o point on the South line of sold Southwest Quorter of the Northeast Quarter, distant 1089.37 feet East fron the Southwest corner thereof; thence North to o point on the North line of sold Southwest Quorter of the Northsost Quarter, distont 1088.69 feet East from the Northwest corner thereof; thence West olong sold North line 200.02 feet to the oetuol point of beginning of the land to be deecrtbed; thence South along o line porollel with the first above described line 440.94 feet; thence Weet parollel with the South line of said Southwest Quarter of the Northeast Ouortsr to Its Interssctlon with the West !»-• of the Eost half of sold Southwest Quarter of the Northeast Quarter; thence North o'- sold West line to the Northwest corner of sold Cost holf of the Southwest Quoriv. of the Northeast Quorter; thence Coet olong the North line of sold Southwest Quarter of tho Northeast Quorter to the point of beginning. Page 8 of 8 J AppIkailoB Dale: 8/20/01 Applicatioa Deadline: 12/18/01 REQUEST FOR COl^NCIL ACTION DATE: November 8. 2001 ITEM NO.: 7 Depa lineal Approv al: Name PjuI Weinberger Tille Zoning Administrator Admiaislralor Revieived:Afenda SccHoa: Zoning Item Description: List orEtbibits //OI-27II Western Steel Erection Inc. 2687 Wa>/ala Houlevard Conditional Use Permit Site Plan Review A Site Plan B Revised Site Plan C Planning Report (October 11.200!) Review of Request Western Steel Erection. Inc. has leased the 16.200 s.f. building located at 2687 Wayzata Boulevard. Western Steel has approached the City of Orono because their property in Long Lake is scheduled to be acquired by the City of Long Lake for a new Public Works facility. Western rtteel constructs steel framing beams used for construction projects. They are a permitted use in the Industrial District Western Steel is requesting a conditional use permit to permit permanent "outside storage " to provide outdoor parking for 6 trailers. 2 trucks. 2 cranes, and I boom truck as shown on the anached site plan. The company employees approximately 80 people. The parking areas would be located along the east and northeast sides of the existing building W es' .'rn Steel has proposed to remove the existing chain link fence around the site and replace w iih a new chain link fence that would enclose the yard. The fence would be setback 75’ from the front property line. The fence sty le they have proposed is a 6’ privacy decorative slatted chain link fence. Evergreen trees would be planted between the fence and road. The site plan indicates the 16 trees would be planted along the edges of the property . PlffWlrilf CftWtffff**”** Rfcoui—dattou The Planning Commission recommended on a «oie of 6 to 0 to approve the outside storage conditional use permit. The site plan the Planning Commission reviewed is attached as E.xhibit A. The new proposed site plan is attached as Exhibit B. The new plan would require remov al of the existing house located at the front of the property and construction of the parking lot where (he existing house is located. WI-2711 Western Steel Enretion Inc. 2687 Wayznta Boulevard Pace 2 of 3 _______ The Planning Commission recommendation y,as based on the foIIoMing conditions relating to the outside storage and oserall site plan: 1. The parking and outside storage areas shall be located a minimum of 10* from side property lines. 2. A screening plan should be provided including fencing and landscaping on site in accordance with zoning requirements. Additional landscaping shall be installed on the west side of the property to create a natural landscaping buffer between Highway 12 and the parking area. 3. Parking surfaces shall be paved and striped. (The parking lot has been relocated - City Engineer has requested aiiditional plans that will detail the design of the parking lot and indicate curb lines.) 4. A final drainage plan, based on required paving and regrading, shall indicate drain.ige patterns and stormwater dMention areas or drainage areas to properly manage stormwater flowing over and leaving the property . (Staff has reviewed a plait tluit details drainage fkillerns - however the City has requested pre and post drainage calculations} 5. The outside storage area shall be limited to the northeast comer of the propeny parking areas, pav ing limits, parking lot striping, parking areas for crane equipment and company v chicles, and open drive space for access and mobility on-site as well as emergency vehicle access. 6. Activ ity related to outside storage shall be limited to the hours specified by Western Steel Erection. Inc. as their regular business hours. 7. Light sources must not be visible beyond the property boundries. 8. Outside storage activity shall occur only during regular business hours, including deliveries, transportation of materials on si'c and parking of business related vehicles. 9. All noise generated by the operation of the business shall not exceed the allow ed noise lev els as set by the City of Orono Noise Ordinance. 10. Final plans for the above ground fuel tank shall be rev iewed prior to approval of the conditional use permit. 1 1 . Drainage and Utility easements shall be granted S' along interior property lines and I O' along c.xterior property lines. Staff Recommendation Staff is recommending conceptuc! approval of the application. Final approval can be granted following review of drainage calculations, pavement design for the parking lots and meeting all the conditions noted above. #01 >27II Weslero Steel Erection Inc. 26S7 Wayzata Boulevard Paae3of3 _________________ COUNCIL ACTION REQUESTED Provide coiiccptuul site plan review of the revised site plan subject to completing the engineering Issues prior to permits being issued. •1 Application Date: Deadline: 8/20/01 12/18AM Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: DATE: SUBJECT: Paul Weinberger, Zoning Administrator/Planner October 11.2001 i(01-2711 Western Steel Erection. Inc. 2687 West Wayzata Boulevard Outside Storage/Site Plan Review - Conditional Use Permit Zoning District: Lbt of Exhibits: i, Industrial A Site Plan B Outside Storage Equipment and Vehicle Parking Plan C Indoor Storage Equipment and Vehicle Parking Plan D h.emo and Staff Report (September 14,2001) Review of Request Western Steel Erection, Inc. has leased the 16,200 s.f. building located at 2687 Wayzata Boulevard. Western Steel has approached the City of Orono because their propertv ’ in Long Lake is scheduled to be acquired by the City of Long Lake for a new Public Works facility. Western Steel constructs steel framing beams used for construction projects. They are a permitted use in the Industrial District. Western Steel is requesting a conditional use permit to permit permanent ‘‘outside storage'* to provide outdoor parking for 6 trailers, 2 trucks, 2 cranes, and 1 boom truck as shown on the attached site plan. The company employees appro.ximately 80 people. The parking areas would be located along the east ard northeast sides of the e.xisting building. Western Steel has proposed to remove the existing chain link fence around the site and replace with a new chain link fence that would enclose the yard. The fence would be setback 75* from the front property line. The fence style they have proposed is a 6' privacy decorative slatted chain link fence Evergreen trees would be planted between the fence and road. The site plan indicates the 16 trees would be planted along the edges of the property.___________________________________ Zoning Requirements Building Setbacks Front Side 75 feet A distance equal to one and one-half times the building height *■ approx. 35 feet •01-2711 Wesurn SictI Ertetion. Iik 2617 WayzauBoulcvirii I0/ISA)I Pi|elor4 1 Parking The required setbacks for the parking and outside storage must be a minimum of7S’ from the front property lines and 10' from the side and rear lot lines. Parking stalls are required to be 20* in length and 9’ wide. Parking areas shall be surfaced with a hard, all-weather, durable, dust-free surfacing material and be properly drained and landscaped. All parking areas containing more than si.x spaces which face a public street shall have a solid wall or fence of not less than four feet nor more than si.x feet in height along such facing. Such fences or walls shall be so designed that they are architecturally harmonious with the principal structures on the lot. A screen planting? approved bv the Council mav be substituted for the required wall or fence. Required parking for the property based on the size of the building includes 4 spaces plus one additional spnee for each 800 s.f of building space. (4 + 16,208/800 - 25 required parking spaces). Outside storage requires one additional space for each 2,500 s.f. devoted to the outside storage. The proposed plan indicates approximately 7,000 s.f. devoted to outside storage requiring an additional 3 parking spaces. Total parking reouired ° 38 spaces Outside Storage Area The Conditional Use Permil'Industrial district standards require llte applicant provide screening to buffer the storage area and activity associated with the outside storage area. The lots located aro* nd the site are located in the I, Industrial District. The screening of the open storage area shall be screened by a fence or wall not less than five feet in height and not less than 50% opaque. Lots are also required to be landscaped with trees, shrubs or planted ground cover. Such londKaping shall conform with a plan acceptable by the City. The Code does permit motor vehicles necessary to the operation of the principal use and of not more than three-fourths ton capacity ’ be stored within requir^ parking areas. Outside Storage and Parking Surface The areas used for storage of cranes and trucks is only surfaced with grass and gravel. All parking areas are required to be surfaced with a hard, all-weather, durable, dust-free material. Above Ground Fuel Tank The Fire Marshal has stated if a private refueling tank is installed the plans shall be submined to ensure all fire standards are met. The applicants would construct a 1,000 gallon above ground refueling point for their company vehicles. The location of the refueling point is depicted on the site plan attached to this repert iOi-3711 Wciton Steel Erection, Inc 2617 Wayzau Boulevard IIVIS/OI Pa0(2or4 Staff RtcommeiidatioB Staff recommends the outside storage areas meet the minimum setbacks and requirements of the zoning chapter. At a minimum the following standards should be met. A. Since the outside storage area will be used for vehicles and equipment that is moved on an everyday basis the areas shall be located within required parking setbacks. Including a minimum 75* (or more) from the front property line. B. The parking and outside storage areas shall be located a minimum of 1 O' from side property lines. C. A screening plan should be provided including fencing and landscaping on site in accordance with zoning requirements. D. Parking surfaces shall be paved and striped. E. A final drainage plan, based on required paving and regrading, shall indicate drainage patterns and stormwater detention areas or drainage areas to properly manage stormwater flowing over and leaving the property’. F. The site plan shall indicate all proposed parking areas, paving limits, parking lot striping, parking areas for crane equipment and company vehicles, and open drive .space for access and mobility on-site as well as emergency vehicle access. Options for Planning Commission Action A. Recommend approval. A recommendation of appro\’al shall include conditions that vsould protect the surrounding properties and uses from the activities that would be related to outside storage. 1 . Activity related to outside storage shall be limited to the hours specified by Western Steel Erection. Inc. as their regular business hours. 2. All parking related to the operation of the business shall be limited to the areas designated on the plan and approved by the City of Orono. Parking areas are required to be a hard, all-weather, durable, dust-free surface material. 3. Light sources must not be visible beyond the pr'^perty boundries. 4. Conditions shall be placed on the limits of activity that occurs during non-business hours, including deliveries, transporting materials on site and parking of business related vehicles. 5. Screening and fencing site review. Mi »i i WaM SmI EitctiiMi. toe. 2AI7WeyaaBoaiCT«d KVIVOI ri^3or4 B. C. D. 6. All noise generated by ihe operation of the business shall not exceed the allowed noise levels as set by the City of Orono Noise Ordinance. 7. Any other conditions as the Planning Commission feels necessary to protect the public safety and health from noise, smoke, toxic or noxious maner, odo'vibration and glare. Recommend denial, stating reasons. Table. Other action. •01-3711 Wenem Sled Enction. he. 2M7WaynuBoolc«^ KVIMI ~~r'AlSl DE _PjIkJUb^MCJL^_ r City of Orono 2750 Kelley Parlo% ay P.O. Bos 66 OroDO, MN 55323 Phone:(952)294-4600 Fax:(952)249-4616 MEMORANDUM DATE: September 14, 2001 TO: Chair Haun and Member of the Planning Commission FROM: Paul Weinberger. Zoning Administrator SUBJECT: Revisions to application «01-2711 - Western Steel Erection, Inc. ___________Conditional Use Permit - Outside Storage________________________________ Based on staff comments as well as the need to store equipment indoors, Western Steel has begun revising their site plan and reviewing future “outside storage” use on the property. They have indicated they would like to park and store as many of the vehicles inside the e.xisting building os possible. Stephanie Jochims. President of Western Steel, has indicated the revised site plan will be available prior to Monday night's meeting. Western Steel would like to discuss the plan with the Planning Commission. Ms. Jochims is concerned that parking of vehicles outdoors may cause damage to some of the equipment. Parking the vehicles indoors is the preferred alternative. I have attached a SlafT Report, dated September 5, 2001 that was written assuming the outside storage and parking would Lc lor all the equipment used by Western Steel. Equipment includes 30 one-ton company pick-up trucks, 6 cranes, welding equipment and a private fueling point for company vehicles. Please review, however their will be a plan revision for Planning Commission review. The cranes are stored off-site at construction sites for most of the year. Ms. Jochims has stated the cranes may be on the property for a time period of up to 6 weeks per year. Ms. Jochims will not be present at the meeting Monday night, however a representative of the company will be present with the proposed plan revisions. Application Dale: 8/20/01 Deadline: 10/19/01 TO: Chair 1 lavsn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Paul Weinberger. Zoning Administrator/Planner DATE: September 5.2001 SUBJECT: #01.2711 Western Steel Erection, Inc. 2687 West Wayzau Boulevard Outdoor Storage Conditional Use Permit Zoning District: List ofExhibiu I, Industrial A Application B Letter of Request C Plat Map D Survey E Site Plan F Section 10.50 * I, Industrial District Standards O Property Owners Notification List Review of Request Western Steel Erection, Inc. has leased the 16,200 s.f. building located at 2687 Wayzata Boulevard. Western Steel has approached the City of Orono because there property in Long Lake is being acquired by the City of Long Lake for a new j ublic work facility. Western Steel constructs steel framing beams used for construction projects. They are a permitted use in the Industrial District. Please review Exhibit F a list of permitted and conditional uses in the district. Western Steel is requesting a conditional use permit to permit permanent “outside storage ” to permit parking of 30 company trucks, 6 cranes, welding equipment and construction of a 1,000 gallon above ground fuel tank. The company employees approximately 80 people. The parking areas would be located along the east and northeast sides of the existing building. Zoniag Requirements Building Setbacks Front 75 feet Side A distance equal to one and one-half times the building height = approx. 35 feet Rear 30 feet •01*271 1 Wcwni SMd Erection, he 2617 Wajnu Boitktatd 9H1/01 f^iora PiAing The required setbacks for the parking and outside storage must be a minimum of 75* from the front property lines and 10* from the side and rear lot lines. Parking stalls are required to be 20' in length and 9* wide. Parking areas shall be surfaced with a hard. all-\^eatlier, durable, dust-free surfacing material and be properly drained and landscaped. All parking areas containing more than six spaces which face a public street shall have a solid wall or fence of not less tluin four feet nor more than six feet in height along such facing. Such fences or walls shall be so designed that they are architecturally harmonious with the principal structures on the lot. A screen planting approved bv the Council mav be substituted for the required wall or fence This is the approach used by ABC Supply as they have proposed to construct a 6’ berm and plant a number of trees that will screen the outside storage area. The parking areas at ABC w ill be located south of the ABC building and not visible to Highway 12. Required parking for the property based on the size of the building includes 4 spaces plus one additional space for each 800 s.f of building space. (4 + 16,208/800 = 25 required parking spaces). Outside storage requires one additional space for each 2,500 s.f devoted to the outside storage. The proposed plan indicates approximately 25,000 s.f devoted to outside storage and parking requiring an additional 10 parking spaces. Total parking required ” 35 spaces Out.side Storaae Area The Conditional Use Permit/Industrial district standards require the applicant provide screening to buffer the storage area and activity associated with t^c outside storage area. The lots located around the site are located in the 1, Industrial District. The screening of the open storage area shall be screened by a fence or W’all not less than five feet in height and not less than 50% opaque. Lots are also required to be landscaped with trees, shrubs or planted ground cover. Such landscaping shall conform with a plan acceptable by the City. The Code does permit motor vehicles necessary to the operation of the principal use and of not more than three-fourths ton capacity be stored within required parking areas. Zoning Issues Related to Outside Storage and Parking • The proposed outside storage and parking area is within the required 75* setback to the front property line. The survcy.'site plan submined by Western Steel indicates the parking and outside storage area to be vsithin the 75' front setback and Iff side setbacks. A total of approximately 65' X I Off of parking area for company vehicles and equipment would be located within 75’ of the front lot line. There is no room remaining for landscaping and screening beyond the front property line. • A portion of the existing gravel parking/storage area east of the building is within the 1 O' side setback. At the closest the fence encroaches to within 3' of the side property line. •01-2711 Waatni Steel Erection. Inc. 26l7WayauBoHte««0 9/17/01 p^2or4 The existing fence surrounding ihe property is chain link and does not provide any visual screening. The areas used for storage of cranes and trucks is only surfaced with grass and gravel. All parking areas are required to be surfaced with a hard, all-weather, durable, dust-free material. • No screening or landscaping plan is proposed. Above Ground Fuel Tank The Fire Marshal has stated if a priv-ate refueling tank is installed the plans shall be submitted to ensure all Hre standards are met. The applicants would consuuct a 1,000 gallon above ground refueling point for theit company vehicles. The location of the refueling point is depicted on the site plan attached to this report. Staff Recommendation Staff recommends the outside storage areas meet the minimum setbacks and requirements of the zoning chapter. At a minimum the following standards should be met. A.Since the outside storage area will be used for vehicles and equipment that is mos ed on an cvcr\day biisis the areas shall be located within required parking setbacks. Including a minimum 75' for more) from the front property line. The parking and outside storage areas shall be located a minimum of 10' from side propr :y lines. C.A screening plan should be provided including fencing and landscaping on site in accordance with zoning requirements. D. E. Harking surfaces shall be paved and striped. A final drainage plan, based on required paving and regrading, shall indicate drainage patterns and stormwater detention areas or drainage areas to properly manage stormwater flowing over and leaving the property. The site plan shall indicate all proposed parking areas, paving limits, parking lot striping, parking areas for crane equipment and company vehicles, and open drive space for access and mobility on-site as well as emergency vehicle access. f01-2711 Wnicfn Sttd Ercctioii. Inc 26l7Wa)uuB<Mk«anl 9VI7/OI Optiolii for PlttBnlB| Action A. B. C. Recommend approval. A recommendation of approval shall include conditions that would piolect the surrounding properties and uses from the activities that would be related to outside storage. 1.Activity related to outside storage shall be limited to the hours specified by Western Steel Erection, Inc. as their regular business hours. All parking related to tlie operation of the business shall be limited to the areas designated on the plan and approved by the City of Orono. Parking areas are required to be a hard, albweather, durable, dust-free surface material. 3. 4. Light sources must not be visible beyond the property boundries. Conditions shall be placed on the limits of activity that occurs during non-business hours, including deliveries, transponing materials on site and parking of business related vehicles. 5. 6. Screening and fencing site review. All noise generated by the operation of the business shall not exceed the allowed noise levels as set by the City of Orono Noise Ordinance. Any other conditions as the Plarming Commission feels necessary to protect the public safet>’ and health from noise, smoke, toxic or noxious matter, odors, vibration and glare. Recommend denial, stating re^.»c*«s. Table. If the application b *abled the applicant shall be requested to sign an extension or wai ve the 60 day ^plicatic*. deadline. The City of Orono has unUl October 19, 2001 to decide on this application. The City docs have the right to extend this deadline an additional 60 days if more information is required for the application review. Other action. M)i-}7il WoicniSKdEfRiiamlK. >M7Wi)auBgMlmrt »I7X)I Pv4oT4 1 •; ApplicaHon U 0\ “27 /1 Dale Rccdved~f/2o/o/ Amount Paid CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address_____Q.fiuoy 17 Type of Application to be Filed Property Identification Number (P.I.D.) - Hft - i Z :tW4iAk3.-4- WSM)C- ^ CorvVa t fni/ S APPLICANT J - Jo c V v V y >5 (home l ^^2. S-7b . 7 Name IjlJjlj4C\a ^ 02r.ti~ujW 3nc - Phone (work) *?SZ • 7 3-H3«4y Address S^h. City La ^o^ Zip 5^3^^ OWNER (if different than applicant) Name l-uC, Phone (horac)_ Address .________________________Phone (work ) ~7<>3 - fe><? «V - 0&OO IA a Y r>J City P[\jtnr\ttL\.i-{^ Zip Date Property Acquired______________________________________ I (do) (do not) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS • ______S 75.00 For each variance request uith CUP application ______SI75.00 Residential Accessory Use ______$250.00 Institutional (church, school, etc.) ______S225.00 Guest House/Ouest Apartments ______$200.00 Duplex Credit/Bldg ^ S325.00 Commercial/Industrial Use ______$250.00 Land Alteration ____ Grading and filling - designated wetland or fioodplain ____ Grading and filling - 501 cu. yd. or more ____ Grading, seawall, retaining walls within 75’ of lakeshore ______PRD/PID - see Fee Schedule ______$150.00 Renewal Fee (no change from original application) ______After-the-Fact Fee - Double Current Application Fee (month/year) OTHER APPLICATIONS $275.00 Commercial Site Plan Review (+ consultant fees) ______$300.00 VacaUon ______$200.00 Easement Vacation $100.00 Easement Vacation With Subdivision $350.00 Rezoning (PUD - refer to fee schedule) $375.00 Comprehensive Plan Amendment ______$100.00 Appeals Other - see Fee Schedule #2711 August 20.2001 Western Steel Erection. Inc. is a specialty contractor who erects structural steel. We provide labor and equipment to the areas major general contractors to build commercial projects, schools, multi* story buildings, and federal or state projects. Our business site provides administrative, and maintenance for our fleet of 30 trucks, welders, and 6 cranes. Western Steel Erection employees 80 ironworkers and crane operators. Stephanie Jochims, b the owner of the compaiqr, the business has been in her fiunily for over 50 years and has always based it operation in the Orono/Long l.*ke wca. We request outside storage for our constrxiction equipaient and a motor fliel station. ill Mi\ 'tT t X JL TITLE COMPANY ■fT'n;-:Pws«i 1 } V s tf^. ff n •••I <l<iiirna 0 *«MV» ••MMt IWI •< kM tMUMII »M.I« 0 IH • Imi *..<■•. .1 t,ll« ■•*» •• « «»l« » >•• Wit IM 0 MU twwo WiM 0 IM a.iMait «IMM KM « lM< IMI fiKi M fiMwii tMtr IWW i%Mt Wkt la . WM aa la. wit IIM 0 u,t wtaail5s’:; ?:.:‘?.r;rurrw::ir.« W "" *••* Wia ii“^ V i« ik« MiMi |»i*4 9t %0$»m4m 2!:'i!i**** •• ••••»M 04 100 mnt00tt »• fell Ml# •# !•»« •# IM >IM Itaait WW tlB, —>1 Iiat It lat WItMII IMW 0 u« Imi tall 0 tm lailaMil kailta 0 Ua ^'••al* ^aalaa ttaMt fail alan itt 0 Mit WitaaM Wiiaa 0 laa • -• lataatataa aM Mliw iwa m> >. ,4 0m m i ! XL!rSiLlv35r . i —II . •% . . , § lO.SO SEC. lOJO.I INDUSTRIAL DISTRICT. Subd. 1. Application. All applications for a building permit in any T* industrial District shall be leviewed by the Council and may be referred to the Planning Commission for review. Subd. 2. Permitted Uses. Within any T District, no structure or land shall be used cxcqM for one or more of the following uses: A. Processing. Etc. Conducting a process, fidnication, storage, manufacturing or wholesaling operation or providing of a service as lisicd hereafter: 1. Apparel. 2. Artificial limbs. 3. Automobile and truck painting, major repair, body and fender work, upholstering, lire recapping and sales when within a completely enclosed building. The storage of automobiles or trucks in process of repair shall be within a fenced area. Open sales lots shall be subject to a conditional use permit. 4. Bakery, commercial. 5. Bicycles and toys. 6. Boats and marine products, 7. Bus, truck and contractor’s terminals and maintenance yards, / N 8. Cabinet and carpentry shops, lumber yards and millworks, electrical, plumbing, heating, air conditioning shop. 9. Camera and photography. 10. Canvas and cloth products. 11. Ceramic and cloth products. 12. Ceramic products. 13. Cork products. 14. Drugs, cosmetics, pharmaceutical and toiletries. 15. Electric motors, generators, electric products. 16. Engraving and printing. 17. Ice and cold storage plants, bottling works. 18. Laundries, commercial. 19. Machine shops. 20. Metal polishing and plating. 21. Musical instruments. 22. Novelties. 23. Paper products. 24. Pharmaceutical products. 25. Products made of glass, cellophane.leather, plastic, w’ood. 26. Shoes and footwear. ORONOCC (4-1-84) § lO.SO SEC. 10.50. I INDUSTRIAL DISTRICT. Subd. 1. Application. All applications for a building permit in any "1" Industrial District shall be reviewed by the Council and may be refened to the Planning Commission for review. Subd. 2. Permitted Uses. Within any "I" District, no structure or land shall be used except for one or more of the following uses: A. Processing, Etc. Conducting a process, fabrication, storage, manufacturing or wholesaling operation or providing of a service as lisied hereafter. 1 . Apparel. 2. Artificial limbs. 3. Automobile and truck painting, major repair, body and fender work, upholstering, lire recapping and sales when within a completely enclosed building. The storage of automobiles or trucks in process of repair shall be within a fenced area. Open sales lots shall be sul:ject to a conditional use permit. 4. Bakery, commercial. 5. Bicycles and toys. 6. Boats and marine products. 7. Bus, truck and contractor’s terminals and maintenance yards. / 8. Cabinet and carpentry shops, lumber yards and millworks, electrical, plumbing, heating, air conditioning shop. 9. Camera and photography. 10. Canvas and cloth products. 11. Ceramic and cloth products. 12. Ceramic products. 13. Cork products. 14. Drugs, cosmetics, pharmaceutical and toiletries. 15. Electric motors, generators, electric products. 16. Engraving and printing. 17. Ice and cold storage plants, bottling works. 18. Laundries, commercial. 19. Machine shops. 20. Metal polishing and plating. 21. Musical instruments. 22. Novelties. 23. Paper products. 24. Pharmaceutical products. 25. Products made of glass, cellophane.leather, plastic. w*ood. 26. Shoes and footwear. V.ORONOCC (4-1-84) § 10.50 27. Sporting equipment 28. Television* radio and appliances. 29. Tools, hardware and si^l metal products. 30. Warehousing. Subd. 3. Conditional Uses. A. Within any *T District, no structuie or land shall be used for one or more of the following uses except by conditional use permit 1. Accessory structures. 2. Farm equipment sales, repair and storage. 3. Heliports as an accessory use for that property. 4. Motor fuel sutions. 5. Open sales lots. 6. Outside storage. 7. Public service structiffes. 8. Railroad switch yards, team tracks or freight houses. 9. Research laboratories. 10. Residence necessary for security and safety in relation to a permitted use or conditional use. 11 . Restaurants (Class 1) which are located in and mainly servicing the personnel employed in that suucture. 12. Piaruied Industrial District as regulated by Section 10.5 1 . Source: Ordinance No. 172 Effective Date: 1-1-75 B. Antenna Strueturt. One independent antenna struetufc, with antenna or eombinntion of antenna attached thereto, subordinate to and servieing the principal use or stfueture on the same let and customarily incidental thereto that is net attached t^fwotherstfueture provided the height of the eturc does net ex ceed 65 feet and the antenna structure is set back fr< any iot line a distance at least equal to the total height of the antenna stnictun (Source: Ordinance No. 177,- Effeetive Date: 6-S-75) Deleted via Ordinance No. 161,2nd Series Adopted: 5-27-97 ORONOCC (4-1-84) L § 10.50 SubcL 4. Accessory Uses. Within any ”1" Industrial District, the following uses shall be permitted accessory uses: A. Any accessory use as regulated in the "B-!District Subd. 5. Area, Height, Setback and Design Requirements. A. Lot Area. The minimum lot size shall be two acres. B. Building Area. Each individual building shall have a gross floor area (not Including basements) of not less than 5,000 square feel when designed for a single tenant nor less than 15,000 square feet when designed for multi-tenants. C. Lot Coverage. Not more than 30% of the total area of any lot tract or parcel of land three acres or less in size may be covered by buildings or other structures. Not more than 45% of the total area of any lot, tract or parcel of land more than three acres in size may be covered by buildings or other structures, except that when the total building floor area on a site is contained within a single building, and when the total area used for loading terminals, docks and berths is completely enclosed within the same single building, a lot coverage of not more than 60% will be permitted. D. Height. No structure or building shall exceed three stories or 40 feel in height except as provided in Section 10.75, E. Building Setback and Yards. I. Street Setbacks. All buildings and structures must be set back at least 75 feet from the right-of-way of any highway or street which has been designated as limited access, freeway or expressway; and 50 feet from those designated as thoroughfares, collectors, minor or secondary streets. Where the district abuts or adjoins an "R" District there shall be a building setback from that street of not less than 75 feet. 2. Side Yards or Rear Yards. Any building or structure required by any building code adopted by the City to have openings in the rear wall, shall be erected no closer than 30 feet to a rear property line. Where rear w^l openings are not required by any such code, and the rear wall has no openings, buildings or structures may be constructed to within 10 feet of a rear property line. No building or structure shall be erected any closer to a side property line than a distance equal to one and one-half times the average building height. Where the district abuts or adjoins an "R" Dbtrict, the side or rear yard abutting such residential district shall be not less than 100 feet ORONOCC (4-1-84) § 10.50 face either a public street or residentially zoned property shall have a solid wall or fence of not less than four feet r >r more than six feet in height along such facing. Such fences or walls shall be so designed that they are architecturally harmonious with the principal structures on the lot. A screen planting approved by the Council may be substituted for the required wall or fence. H. Loading Facilities. In addition to other restrictions of this Chapter, all loading or unloading into or out of trucks in excess of three-fourths ton capacity or railroad cars, shall be conducted at facilities specifically designed and designated for that purpose. Those facilities, hereby designated as "loading facilities", shall be subject to the following regulations: I. Amount Required. Loading facilities of sufficient number to provide for the requirements of each use shall be provided on the premises of each principal and accessory use. The exact number required will depend on the nature of the principal ax^ accessory use and the type of transport service used, but in no event shall there be less than one truck transport loading facility for each 50,000 square feet of building floor area or major fraction thereof. 2. Design. A loading facility includes the dock to or from which the transport vehicle is being unloaded or loaded and the berth for the vehicle while it is being loaded or unloaded, and the maneuvering areas needed to maneuver the vehicle into or out of its berth. All docks shall be located within the perimeter of the building housing the principal or accessory use and they shall be completely enclosed e.xcept for the opening ne»*dcd for access to a vehicle during the lime it is standing in the berth. All berths shall be screened from view from the property’s street frontages by a solid wall of not less than ten feet in height. Such walls shall be so designed that they arc orchitcchirally harmonious with the principal structure on the lot. At least one and not less than 50% of the required number of truck transport loading berths shall be not less than 50 feet in length, 14 feet in width and 15 feet in height. All truck transport berths and maneuvering areas shall be surfaced with a hard, all-weather, durable, dust-free surfacing material properly drained and maintained in a sightly and well-kept condition. 3. Location. Loading berths shall not be located on a street frontage unless located within the perimeter of the building housing the pritKipal or accessory use. Where located on a street frontage, they shall be completely enclosed. No berth shall be located within the required side or rear yards. All berths shall be physically separated from areas used for off-street parking except for connecting driveways or aisles. No maneuv’ering area shall be located within ten feet of a side or rear property line. 1. Storage. In addition to other restrictions of this Chapter, all raw materials, supplies, finished or semi-finished products and equipment shall be stored within a completely enclosed building; or shall be screened by a fence or v^l not less than five feet in height and not less than 50% opaque; provided, however, that motor vehicles necessary to the operation of the principal use and of not more than three-fourths ton capacity may be stored within the permitted parking areas. ORONOCC 356 (4-1-84) § 10.50 J. Landscaping. Ail open areas of any site, lot, tract or pared shall be graded to provide proper drainage, and except for areas used for parking, drives or storage, shall be landscaped with trees, shrubs or planted ground cover. Such landscaping shall conform with the planting plan approved by the Council at the time the building permit was issued. It shall be the owners' responsibility to see that this landscaping is maintained in an attractive and well-kept condition. All vacant lots, tracts or parcels shall also be properly maintained. K. Drainage. No land shall be developed and no use shall be permitted that results in water runoff causing floods, erosion, or deposits on adjacent properties. Site and drainage plans shall be submitted by the applicant in such detail as required by the Council and those plans shall be revievrred by the City Engineer before submission to the Planiiing Commission and Council for approval. Such runoff may be required to be properly channeled into a natural water course, ponding area, storm drain or other public facilities. Any change in grade affecting water nmoff whether onto adjacent property or otherwise must be in compliance with the Surface Water Management Plan and shall be consistent with other applicable relations or City Code provisions and subject to the approval of other agencies having jurisdiction over the area affected by the drainage. Source: Ordinance No. 172 Effective Date: 1-1-75 SEC. 10.51. PID PLANNED INDUSTRIAL DISTRICT. Subd. 1. Purpose. The purpose of this Section is to establish provisions for the granting of a conditional use permit to erect a multi-building industrial facility in relation to an over-all design, on integrated physical plan and in accordance with the provisions and procedures as provided hereafter. Subd. 2. Submission of Plans. The owner or owners of any tract of land u-ithin an T' District may submit to the Council for approval a plan for the development and use of such a tract of land for a Planned Industrial District for commercial or other uses permined in the district within which the land is located by making an application for a conditional use permit authorizing completion of the development in accordance with the plan. The plan for the development shall conform to the requirements of the district within which it is located except os herein amended. Subd. 3. Size Required. The tract of land for which a development is proposed and a permit requested shall not be less than five (5) acres. Subd. 4. Sew*er and Water. The tract shall be served by the City water and sewer system when available and fire hydrants shall be installed according to a plan approved by the Fire Chief as to type and location. ORONOCC (4-1-84) miN DATE ••yiA/ll •ATCM S«1 HENNCriN COUNTY fHOrEITV INPONfUTlON SY5TM rMfCNTV ONNCRS LIST ■EEOST NO. P1SSS4S1 fMt 1 sa ss-na-Es n ans rsof ABOR aaasa aobaess unassicned 0«MES NANE OMMO PLAZA TAXPAYER ORONO PLAZA NAME/ABM C/0 REIIRSCORB LAM OPPICE • ASaa MTN ST M NPLS NN SMZA sa ss-iis-n is aaas •Z7AS RELLEY PXMY CITY OP OROm cm OP ORONO P 0 BOR 4« CRYSTAL BAY m BSS2S SB ss-iia*ss It aaaa aZTAS KELLEY PKMY MILLOH PROrCRTXES MILLOM POBfERriES •C/0 ALBERT B YNOVI^ BBSS BIB RICE LAKE OR N B RENER HN S4A7Z _ _ SB ss-iiB-ss IS aaas PROP ABOR. . a2AB7 MAYZATA SLVO H OlOIER NAME ACC PROPERTIES LLC ACE PROPERTIES LLC ssaa ANDERSON ESTATES RD HAPLC PLAIN HN SISSY TAXPAYER NANC/ABOR SB SS-llB-SS IS sail aZ7AS MAYZATA BLVB M VEDA INC ETAL VEDA INC PO BOR STS LONB LAKE m BSSSB SB ss-iiB-zs IS'aaiB asrss MAYZATA BLVB MVEBA INC VCOA INC PO BOX STS LONO LAKE HN . SSSSB . *■ ’ * * • ■ PROP ABOR OM«R NANE TAXPAYER NAMC/AOOR SB ss-iia-zs IS aois azaas navzata blvo m BRS aa LLC ORB aa LLC c/0 SUSCN/FREORtCKSON/BYRON aaa zno avc s iiaa intrnl ct NPLS HN ssaat TOTAL BATCH sai aaaa? 1 I i DATE #2'^11 ) D ry NOV 2 6 200\ CO t wr uooimO . .rc-own request for council action DATE: November 21.2001 ITEM NO.: (f DcpaiimcDt Approval: Name Paul Weinberger Tilk Zoning Administrator Admiaislrator Reviewed:Agenda Section: Zoning Item Description: ListofEibibits tiO 1 -2718 Zoning Code Amendment Section 10.03. Subdivision 15 Relating to Fence Standards A Ordinance B Sample Illustrations C Staff Reports Background Council had requested an opportunity to review the City Ordinances os they relate to fence construction and design. The Planning Commission held a public hearing on September 17. 2001 and a Work Session on October 4.2001 to discuss amendments to the existing ordinance The Planning Commission concluded the ordinance should reflect amendments that would include standards on fence construction, maintenance and changing the permitted height of “split rail" fences. Council rev iewed the proposed ordinance on November 12. 2001 and directed stall to draO an ordinance that would establish fence maintenance standards. The existing ordinance dinrs not regulate fencing materials or visual appearance of fences. One primary issue noted by Council is whether the City should require property owners constructing fences to locate the ‘Tinished" side of a fence towards neighboring properties. The finished side ofa fence assumes the structural supports face the fence owners property. Fences have been regulated under the section of ordinance tilled "non-Encroachmenis" (Section 10.03. Subdivision IS). 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. Council hod directed the Planning Commission review fence standards as they relate to height, permits, and other issues. The Planning Commission will be revisiting this issue early in 2002. StafiyPkHMny Comroissioa Recommendation The Planning Commission recommended approv al of the new fence standards. The primary intent of the ordinance rev ision is to require “finished" sides of fences to face the neighbors house. Most Cities require tlie finished side of the fence to be faced cither towards the neighbor and/or towards the public right of way. The 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 w hen used for the keeping of horses. #01-2718 Zoning Code Amendment October 11.2001 Peae2of3__________________ In all cases a split rail fence could not be more than S0% opaque. The only other profXMed revision would change the “average lakeshore setback** for fences to be defined as the average setback between the fence •wnera residence and the closest ad|nccnt ncighlwn rcaMence rather than the average setback between the two adjacent residences. COUNCIL ACTION REQUESTED To adopt the attached ordinance to establish new fence standards. L ORDINANCE NO., SECOND SERIES AN ORDINANCE OF THE CITY OF ORONO, MINNESOTA, AMENDING CITY CODE CHAPTER 10.03, SUBDIVISION 15 BY ADDING, DELETING OR AMENDING CERTAIN STANDARDS RELATING TO FENCES. The Ciiy Council of Orono ordains as follows: Section 1. Municipal Zoning Code Section 10.03, Subdivision 15(C) is hercb> amended by deleting the following language: ‘"Fences which do not exceed 3-1/2 feet in height, fences not over 6 feet in height along the street lot line of lake frontage lots which front on a major thoroughfare, if fill is required, the total combined height of both fence and fill shall not exceed 6 feet above the height of the crown of the road*' .And shall read as follows; “Terraces, steps. uneo\ ered porches, stoops or similar structures, which do not e.Mcnd abo\ e the height of the ground flmir level of the principal building and extend to a distance of not less than 2 feet from an\ lot line. Section 2. Municipal Zoning Code Section 10.03. Subdivision 15 (D) is hereby amended by deleting the following language: “fences and walls not to exceed a height of 6 feet above original grade and” and “except for lakcshore lots, no fence or wall over 42 inches but not in excess of 72 inches in height above original grade may be located closer to the shoreline than the average distance from the shoreline of existing residence buildings on adjacent lots, such fences shall not be constructed w ithin 75 feet of the shoreline." /md shall read os follows: “In side or rear yards only, bays not to e.xceed a depth of 2 feet nor to contain an area of more than 20 square feet, fire escapes not to exceed a w idth of 3 feet, and open off- street parking.*’ Section 3. Municipal Zoning Code Section 10.03, Subdivision 15 (E) is hereby amended by deleting the following language: "nor shall a fence or wall consiructcd within a rear yard exceed a height of 6 feet above original grade/* And shall read as follows: "Rear yard only; balconies, bree/eways. detached outdoor picnic shelters and recreational equipment except as regulated hereinafter; no accessory structure shall be closer than 5 feel from a rear lot line.” Section 4. Municipal Zoning Code Section 10.03, Subdivision ' 5 (F) is hereby amended by deleting the following language: "nor shall a fence or wall constructed within a side yard e.xceed a height of 6 feet above original grade.” And shall read as follows: "Side yards only; no accessory structure shall be closer than 10 feet from any side lot line.” Section 5. Municipal Zoning Code Section 10.03. Subdivision 15 (G) is hereby added by the following language: "G. Fences. Fences erected in al zoning districts are considered as a non-encroachment when they conform to the foIK)wing standards: 1. Non-Lakeshorc 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 w ithin a required rear or side yard shall not exceed a height of 6 feet above original grade. 2. Lakeshorc Lots: a. Fences within the required street (rear) yard or side street yard of a lakcshore lot shall not exceed 42 inches above original grade. E.xception: A fence not exceeding 6 feet in height may be located along the street lot line of a lake frontage lot which abuts a major thoroughfare. A major thoroughfare for purposes of this ordinance means any Hennepin County road or State highway. If such fence involves fill or bemiing. the total combined height of both fence and fill shall not e.xceed 6 fc'ct above the height of the crown of the major thoroughfare. b. Fences within the required side yard of a lakeshorc lot shall not exceed 6 feet in height, and any portion located lakeward of the "average lakeshore setback line” shall not exceed 42 inches in height. The "average lakeshore 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 affected principal residence structure. c. Fences shall not be constructed within the defined lakeshore yard of a lakeshorc lou i.e. shall not be located within 75 feet of the shoreline for General Development Lakes. 100 feet for Recreational Lakes, or ISO feet for Natural Environment Lakes. 3. Special Provisions: Split rail fences of no more than 3 rails within a required front, street or side street yard may have a maximum top rail height of 48 inches above original grade. Boa^ rail fences within a front, street or side street yard for the specific purpose of enclosing permitted domestic animals may have a top rail height of 60 inches and shall be no more than 50% opaque. 4. Intersection Sightlinc Obstruction Prohibited. No fence shall be installed so as to obstruct a required clear view at street intersections as required by Section 10.03, Subdivision 16 of the Municipal Code. 5. Fence Construction and Maintenance. a. The owner 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 or in a dangerous condition. b. Fences shall be installed with the finished side facing neighboring properties or the street (finished side is that side having no structural supports).^ Section 6. This ordinance shall be published in THE LAKER/PIONEER newspaper and shall be effective immediately. Adopted by the City Council of the City ofOrono, Minnesota at its regular meeting held the 26th day of November, 2001. ATTEST: Linda S. Vee. City Clerk Barbara A. Peterson Mayor To be published in the Laker/Pioneer newspapers the week of December 1.2001. STANDARD LOT LAKESHORELOT THROUGH LOT * Note no fence over 42” in height may be located into the average lakeshnre setback. CORNER LOT REQUEST FOR COUNCIL ACTION DATE: October 11,2001 ITEM NO.: 10 DcpartmeDt Approval: Name Paul Weinberger Title Zoning Administrator Admlnbtrator Reviewed:Agenda Sccdon: Zoning Item Description: List ofEibiblts iiO I>27 18 Zoning Code Amendment Section 10.03, Subdi\ !sion IS Relating to Fence Standards 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 nearing on September 17, 2001 and a Work Session on October 4,2001 to discuss amendments to the existing ordinance. The Planning Commission concluded the ordinance should reflect 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>Encroachmenls” (Section 10.03, Subdivision IS). Non-Encroachments are items, such as fences, that arc 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 fencing materials or visual appearance of fences. One primary issue noted by Council is whether the City should require property owners constructing fences to locate the “rinished" side of a fei.ee 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 following shall not be considered to be encroachments on yard requirements; A. Chimneys, flues, belt courses, leaders, sills, pilasttrs, lintels, ornamental features, mechanical devices, cornices, eaves, gutters and the like, provided they do not extend more than 1-1/2 feet, off-street parking e.xcept as hereiiuifter 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 a4jaccnt residential property may be located to within five feet of the front lot line. <^01*2718 Zoning Code Amendment October 1 1.2001 Page 2 of 3____________________ C Fences uhich do not exceed i-!/2feet in height, fences not over 6 feet in height along the street lot line of lake frontage lots which front on a major thoroughfare, iff.ll is required, the total combined height of both fence and fill shall not exceed 6 feet above the height of the crown of the road. terraces, steps, uncovered porches, stoops or similar structures, which do not extend above the height of the ground Hoor level of the principal building and extend to a disunce 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 ai. area of more than 20 souare feet, fire escapes not to exceed a width of 3 feet, fences and walls not to exceed a height of 6feet above original grade and open off- street parking exceptfor lakeshore lots, nofence or wall over 42 inches but not in excess of ■ 2 inches in height above original grade may be located closer to the shoreline than the average distance from the shoreline of existing residence buildings on adjacent lots such fences shall not be constructed h ithin 7S feet of the shoreline 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 constructed within a rear yard exceed a height of 6feet above original grade. F. Side yards only; no accessory structure shall be closer than 10 feet from any side ofrnce or wall constructed within a side yard e.xceed a heigh of 6 feet above original Proposed Ordinance Language: 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 cither towards the neighbor and/or towards the public right of way. The proposed ordinance docs not change the existing requirements for height and location of a fence, e.xcept 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 50% opaque. The only other 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 residence rather than the average setback between the two adjacent residences. Review of Planning Commission Discussion - Proposed Ordinance Changes The proposed ordinance for revievv and discussion would allow split rail fences to exceed the existing 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" 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. 1 *01 >2718 Zoning Code Amendment October 11.2001 Poe 2 of 3 __________ • Also discussed were the options of ordinance revisions to require swimming pools to be fenced. Their was no consei^ on the Planning Commission whether to require fences on pools or to continue to not require. The primary reason fences were discussed were for safety and securitv- 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 ReconmcDdaHoa Prov ide direction to staff regarding amendments fence regulations, and direct staff to draft - r.nal ordinance for adoption on November 13.2001. The draft ordinance amendment is attached. NON’ENCROACUMENTS SECTION: Revisions to Fence Provisions Subd. 15. Non-Encroachments. The following shall not be considered to be encroachments on yard requirements: r . u • ,^^^*“"“®r*‘^“"'^‘*~«««».>«dcrs.siIls.pilastcrsJmtcls,ornaracntai B. Name plate signs for one family dwellings; lights for illuminating parking areas, loading a«as or for safety and security purposes, provided the direct source of light Is not visible ^m Ae public nght-of-way or adjacent residential property may be located to within five leet ot the tront lot line. li 'jI t jii I Lj] fii It v.\\.vvJ 3-1/2 fv^t ukheight,fcucesnotorcr6 fett inheight along Uic succt lot liuc iif lak^ frontage luls wiiieh fioiit un a majoi tlunoughfaic. if fill is roquiied. the total eombme J heiglit of UoUi fence^ fill shall not cxeccd 6 feet abci i e Uit heinlit of the ctowu of the ioaJ,tJ[c^cs. steps, uncovered 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. "0* «'«cccd a depth of 2 feet nor to contam an area of rnore ^ 20 square feet, fire escapes not to exceed a width of 3 feet, feneesand ^lls not to exceed a heiglit of 6 fett ubou. uiigiiial guile and open off-street parking exce pt fei lokcshoix lots, no fence or wall ovci 42 uichesbut nut iuc.rcejs of 72 liiLhes in heiglit aboix oiigiiial giodc iiu> U located cloj^r to the sliuiulmc Uum Uic atuagt distance fioiii tlic shoreline of c.iisUnK residence builJings oa adjacent luU. such fcm.es slull not be consUueccd uidiiii 75 feet of die SttOTCitttC, Souiee. Ordinance 9. 2nd Series Adopted. 1"2C -B3- ^•’^'“>“”*®''*yil»leonIes.bteezew,yj.deuched outdoor picnic shelters imd reereational equipment except as regulated hereinafter; no accessory structure shall be closer than 3 feet from a lot l.ne nnr.halUftuuui null consuuctcd uUluaurear ,a.Jc.tcccJaliu.lu of 6 feet abmx-original grade. ® ........... ... “cc«oty structure shall be closer than 10 feet from any side lot line nor shall a fence or wall conjhucml iiithiii a siJi. jard e;tcccd a height of 6 fca abme OnjTTTQi^rSuC • Source. OrdilUilce 9,2nd Series Adopted. l-20>85 CL Fences. Fences erected in ,11 2oning districts arg considered as a non. encroachment when they conform to the follotiing standards: ...... 1. Non-Lakeshore a^fgnees and walls Uithjn a required front yard nr side strggt yard shall nnf exceed a height of 42 inches above original grad<» Tittwwiiwmm Fences and w-all$ uithin a required rear or side yard shall not exceed a height of 6 feet above original ^ 2. Lakeshore Lots; —Eences within the required street frear) yard or side street yard of a lakMhore lot shall nQt.CXCecd 42 inches above original grade. Exception- A fenre not exeeeriina 6 fegLin height mav be located along the street lot line of a lake frontage lot which nh.it< « mfljffr Ihoreug hfarc: A ma jor thoreuahfare for purposes of this ordinance means anv Henneoin County mari gr State htgh^’av. If such fence involves fill or berming. the total combined height of both fence and fillahall not exceed 6 feet above the height of the croxvn of the major thomnyhfar^, b..-Fences within the reouired side yard of a lakeshore lot shall not exceed feelin hcight. and anv portion located lakeward of the “average lakeshore fence setback line” shall not exceed 42 inches in height. The -average inv^hnr^ ir.:» the m0« lakeward projection of the fence rwi^er’s orincinal residence structure anH th>. mn<t lakevvard projection of the adjacent affected prin<^ipal residence structure C.-Fenecs shall not be constructed within the defined lakeshore y.^d of a lakeshore lot, j.e. shall not be located within 7^ feet of the shoreline for General Develonment 1 jj?Q feet for Recreational Lakes, or 1 SO feet forNaniral Environment T akes ^...Specia l Provisions: Split rail fences of no more than 3 rails within a renniry^ front, street or side street vard mav have ^ maximum too rail height of 48 inches ahove original grade. Board rail fences vvithin a front, street or side street yard for the snecinc pumose of enelosinp have a too rail height of 6Q - an d shall be no more than 50% onng»»» pet'iMilHcl evv\ivvio.l 5, ± .Inlsfsection 3ightline Obstruction Prohibited No fence shall be installed so as to ObtUUCLa required clear view at street intera ctions as reouired bv Section 10 03 StiM Iri nf Nfunicipal Code. 5. Fence Construction and Maintepint;*;, a .-The O^ner of a fence Sha fl maintain it in a condition of reasonable repair a ndJOUeatance and shall not allow it to becom;^or remain in disrepair of in a ^—Esnees sha ll be installed with the finished side facing neiohhorino propettLes or the street (finished side is tharri de having no vicibie strucmral s..ppn^V B crry of orono Fence Rgyulatlon^ General: 1. Fences meeting height and location regulations do not require a permit. 2. Fences must be within property boundaries, but no setback b required. The City of Orono docs 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 materiab or visual appearance of '"liices. Fence Heiyht/Location Standards Maximum Fence HeightLocation Standard: Front Yard 3 %• Side Yard 6* Rear Yard 6 ’ Lakeshore Lot: Lake Yard 3 V4’ Side Yard 6 ’ Street Yard 3 W Comer Lot: 30 ’ Sight Triangle 3* Front Yard 3 'A* Side Street Yard 3 A* Side Yard 6 ’ Rear Yard 6* If you have further questions regarding fc Department at 249-4d00. X;\APM\W?WIN«OVWPDOCS\FOa.MS\raNCl Ahead of "average lakeshore setback line*, except qq fence is allowed within 75 ’ of the shoreline Behind "average lakeshore setback line- (6* along County &. MSA Funded Roads) STANDARD LOT TFmacSiwnri^^M II ROAD THROUGH LOT ROAD =r:». I 4r«u4ini«MGM ___ ROAD LAKESHORE LOT MSA Fundtd or County ROAD 72* fic^i .^=rz:^ * Not# no fenc« over 42" in height cay be located into the average lakeshore setback CORNER LOT L TO:Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: DATE: SUBJECT: Paul Weinberger, Zoning Adminisirator/PIanner September 10.2001 #01-2718 Zoning Code Amendment to Section 10.03, Subdivision 15 Relating to Fence Regulations Lbt of Exhibits: A.Draft Ordinance - Proposed Revisions to Non-Encroachments Section; Revisions to fence Provisions Current City Handout and Illustrations - Describing existing ordinance Ordinances From S metro area cities Summary of Request: Fences have been regulated under the section of ordinance titled “non- Encroachments (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 ordinance may need revision to fence regulations pertaining to fen:^ construction and to review whether a permit should be required for fence construction. The c.xisting ordinance docs not require a permit, or regulate fencing materials or visual appearance of fences. One primar> issue noted by Council is whether the City should require propem* owners coiwiructing 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 Or^IinUPyti Underlined are the notations within the existing ordinance that the Ciiv uses for regulation of fences. Subd. 15. Non-Encroachments. The following shall not be consideied 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 thev 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 propcrt>' may be located to w ithin five feci of the front lot line. Fences which do not exceed 3-1/2 feet in height, fences not over 6 feet iq bgjghmlQngJhe street lot line of lake frontage lots which front on a major thoroughfare if filt KflUired. thCJPtal combined heinht of both fgnee >nd fill shall not exceed 6 feet above the height nf ihgergwngf^herQad. terraces, steps, uncoveren 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. ^ In.side or rear. Y?rds 9nly. 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 6 feet above original and open off- street parking except for lakeshore lots, no fcnceoi wall over 42 inches but not in excess of 72 inches in heiiyht above orioi^||| grade may ..be located closer t * the shoreline than the average distance from the shoreline of existing restdence buildings on adjacent lots, such fences shall not be constructed within 75 fe^t of the . Rw yard only; balconies, breezeways, detached outdoor picnic shelters and recreational equipment except as regulated hereinafter; no rxeessory structure shall be closer than 5 feel from a rear lot line nor shall a fence or wall constructed within a rear yard exceed a height of 6 feet above original grade. ^-^‘de yards only; no accessory structure shall be closer than 10 feet from anyside lot line nor shall a fence or xvall constructed within a side yard exceed a h^\oU, a original grade. ’ ahm tilt C^iMinaOronQ Qrilinancc Pom Nm .ifHf, (jhi, is s list of items that some Cities do regulate or require when constructing a fence.) Fences do not require permits. The City does not regulate fencing materiab or visual appearance offences. The City does not require the finished side of the fence to be towards the exterior of the property, or towards a neighboring property. Fences are not required around sw imming pools. The 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 setbacl^? ^ “ maximum height for fences and walls meeting required building Some Citi« prohibit certain t>pes of fences (i.e, electric and barbed tsire fences • Shoreu,^, for example allots^ these t>pes of fences but only when issued with a horse permit.) Orono does not prohibit electric and barbed wire fences. 1. 2. 3. 4. 5. NON-ENCROACHMENTS SECTION: R<vblon to Fnn Fnvfaloiu Subd. 15. Non-Encroachments. He following shall not be considered to be encroachmeats on yard requirements: e .. u ■ lintels.ornamentalfutures, mechanical devices, comices, eaves, guncrs and the like, provided they do not extend more than 1-1/2 feet, off-street parkmg except as hereinafter regulated. • one family dwellings; lights for illuminating parking arw, |oadmg areas or y^ for ^ety and swurity purposes, provided the direct source of light is not visible from foe public nght-of-way or adjacent residential property may be located to within five feet of the front lot line. ..... . yLwI. do no t e.aced 3- h'2 fu.t in height, fences not o»u 6 feu in height along foe street lot line of lake fiouUigc lots wliich fiuut o n a miyoi Uiorouglifjit, if fill is required, Uie total J heigln uf UiUi fence mid fill shall no t excud 6 feet abv \ t the heigln o f the croi\n offoe road, tjeiraces. steps, uncovered porches, stoops or similar structures, which do not extend above the hei^t of foe 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 fow 20 ^uare feet, fire escapes not to exceed a width of 3 feet, fences and walls not to cxcvcd a hwlglit of C feu above oiigiiuU gimlc and open off-street parking exce pt fei lokcshoix lots, no fence oi vi.all o > a 12 iiidics but nut in exetss o f 72 iiitlics in helglit abu il uiigiiial gra^ may U locaud vlos^. t» the shun.Uuc Uum foe a»uagc distance from Uil sho reline of t.uiiinK rcsiaenoc buiIJiitgs o.i adjacent lots, such fuicLs shall nut U. cons tnictcd within 75 feet of Ute snorMtnc* Souiww. Ordinance 9, 2nd Senes Adopted: 1*26*83' ^•l^'*^5®"l<>''l)';lMlconics,bree2ewa)'s. detached outdoor picnic ahelten <md i«reational equipment except as regulated hereinafter; no acceaoo' structure shall be closer than S feet fromam^lot line norshall a fuicc c. ua|| cumhuacd uittunaiuu jaid cxcLcd al..ialu o f 6 feet abo ^-e o riginal grade. ^ ... .... ... only, no acccssor> structure shall be closer than 10 feet from any side lot line norshall a fence oi wall co nstmutd wiUiiii a side jard e.\ci.Ld a height of 6 feet abutc onjtxtSujrsoc • Source. OrJaaiAikce 9,2nd Series Adoptedr i*36*8$ CITY OF ORONO Fence ReyMla^|fi||{| ftpcnl;, 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, propert) owners are advised to check with their insurance company. 4.The City of Orono does not regulate fencing materials or visual appearance of fences. Fence Heighl/I nrarion StanHarHc Lfigitifio Maximum Fence Height Standard: Front Yard 3 Side Yard 6 ’ Rear Yard 6 ’ Lakeshore Lot: Lake Yard 3 W Ahead of "average lakeshore setback line*, except qq 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) Conier Lot: 30’ Sight Triangle y Front Yard 3 w Side Street Yard 3 Side Yard 6 ’ Rear Yard 6* If you have further questions regarding fences, please contact the Building 7onlng Department at 249-4d00. X:\Am\WrWINSmwroOCSVFOaMSVFENCE lAiiiiiNBitiiWa Jii.. STANDARD LOT THROUGH LOT ROAD t 4Tl ROAD LAKESHORE LOT * Note no fence over 42” in height may be located Into the average lakeshore setback. CORNER LOT i City of Edina, Minnesota Subd. S Fences in the R-1 and R-2 Districts. Fences erected in the R-I District and R>2 District shall conform to the foIIoN^ing; Fences exceeding four feet in height shall not be erected within a required front street setback or side street setback, pursuant to the provisions of paragraph 2. of Subd. 7 of Subsection 850.11. 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 caves 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 arc not within three feet of a lot line. Sidewaiks and driveways, but not patios. Fence;! 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 are not within three 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 feel in area. Fireplaces projecting not more than two feel into the required setback and not exceeding ten square feet in horizontal area. Underground storage tanks, conduits and uinittes. Portions of principal and accessory buildings or structures which are located completely underground, which are not visible from the surface of the ground and which 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 walls. Freestanding basketball posts, backboards and goals adjacent to a driveway. Zoning Code - Section 520 Page 1 of 3 520.13. Fences. Subdivision 1. No person may construct, or cause to be constructed or erected within 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. kpeatton. Boundary line fences shall be located entirely upon the private property of the person constructing or causing the construction of such fence unless the owner of the property adjoining agrees, in wiiting, that such fence may be erected on the division line of the respective properties. The zoning administrator may require the owner of the propert>* upon which a fence now e.xists, or may require any applicant for a fence permit to cause to establish the boundary lines of his property by a survey thereof to be made by any registered land surveyor. (Ord. 97-797 (4-15-97J) Subd, 3. Const|uctionLand.g\mntgnan£S. 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 ard 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. Nuisance^ j\ny fence which is, or has become dangerous to the public safety, health or welfare, is a public nuisance. The Zoning Administrator may commence proper proceedings for the abatement thereof, (Amended Ord. No. 87-601) Subd. 5. Barbed wire. Barbed wire fences are permitted only in industrial districts as provided in this code. Subd. 6. Residential district fetigcs. In an R district no boundary 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 arc subject to subsection 520.11; b) fences on side property lines shall not fc more than si.x feet in height for the distance commencing from a point on such side pro^rt>- 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 cither 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 si.x foot side yard fence may be constructed to a point of such side yard which would be intersected by the rear wall of the principal building on the lot thus fenced; c) fences along any rear property line, w hich is also the rear property line of an abutting lot shall not exccet* 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 .alculated as in clause b) and may not exceed four feel in height thereafter. All fences in an^ 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 feel may be averaged beginning at the permitted point opposite the principal building; c) ^ fences on side street lot lines shall not be more than six feel in height for the distance http://ww-w.hopkinsmn.com/Emp_homcpage/Scctions/Section%20520ZC.htm 9/6/2001 Zoning Code - Section 520 Page 2 of 3 commencing from a point on such side street lot line located at the rear lot line and proce^ing thence along such side Ir; line to a point thereon which is 40 feel distant from the front lot line, but in no case shall the fence extend forward of the front line of the house; 0 property line fences abutting R districts shall conform to those conditions applying to the g) fences enclosing swimming pools must have a minim. ’..-Ntht of 4 feet and shall not exceed 6 feet subject to the provisions of 520.13 Subd. 6. (Addt»< >• * 88-613) h) the side/s of lesidentially zoned properties abutting a State oi Cv v 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]) . . BusiacsLdisaicLfcn^^ Property line fences in a B district shall not exceed six feet in height. The council may grant a conditional use permit for a fence up to eight feet in height provided: a) that applicant has an approved open sales lot; b) open sales lot classified os a non-conforming use; industrial operation w hich requires the storage of equipment outside d) the premise or use may be dangerous to the public; e) the use is an attractive nuisance and the applicant can show that for security reasons a fence of sL\ feet will not be adequate. In heiglu cxcepf dut'^ ^^is.tricU^ngcs. Property line fences in an I district shall not exceed eight feet a) fences in industrial districts which are primarily erected os a security measure may have arms projecting into the applicant's property on which barbed wire can be fastened commencing at a point at least seven feet above the ground, and b) a fence located in the front >-ard of premises in an 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 landscaped in accordance with a plan approved by the City. Ornamental fences utilized for landscaping purposes are e.xcluded from the provisions of this ordinance. Subd. 9. Special purposejences. 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 necessary to protect, buffer or improve the premises for which such fence is intended. The special fence permit, if issued, may stipulate and provide for the height, location, construction and t>pe of special fence thereby pennined. Subd. 10. Institittiopal district fences. In an Institutional district no boundarv-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 exceed six feet in height. (Added Ord. No. 2000-833) http7/ww-w.hopkinsmn.com/Emp_homepagc/Sections/Section%20520ZC.htm 9/6/2001 L r Peaces -Ocaefil Rcquifcaciils: (1) Pen^ Required: No penoo, firm or co rponlioo shaD coo- itnict or erect «ny fence without first aeewiaf • buOdiiitpefiniti. (2) Locaiiocis: All fences shall be located eatitely upon the prope rty of the fence owner unless the owner of the •djoinint property sfrees. in writing, that such fence may be erected on the propetty line of the respective properties. No brundary line feiKe shall be erected closer than three feet (30 to an existing parallel boundary line fence. (3) Surveys: The Building OfTtcial may require an applicant for a fence permit to establish his true boundary line by a survey thereof to be made by a registered bind surveyoc (4) Construction and Maintenance: Every fence shall be constructed in a substantial, workmanlike manner and of material rcasorubly suited for the purpose for which the fence is proposed to be used. Every fence shall be maintained in such condition as to not become a hai^, eyesore or public or private nuisance. All fences shall be to constructed that the finished side faces away from the fence owner's lot. Any fence which endangers the public ufety. health or welfare shall be considered a public nuisance and abatement proceedings may be instituted by the proper City official if within fifteen (13) days after notification the owner of such fence has not undertaken the necessary repairs himself to abate the nuisance Link fences, where permitted, shall be constructed in such a r. *er that no batbed ends shall be at the top. (Ord. 161. 6-24-B3) (3) Nonconforming Fences; All fences existing on the date of the adoption of this Ordinance, but not conforming herewith, except as to height restrictions, shall conform and be subject to the terms of this Ordinance If at any lime a nonconforming fence shall be damaged to the extent of more thu twenty five percent (23’ >) in any plane, then without further action by the Council, the fence shall, from and after the date of said damage, be subject to all the regulations specified by ihcK zoning regulations. Any fence which is damaged to an extent of less than twenty five percent (23H) may be restored to its former extent It is the intent of this Section that all nonconforming fences shall be eventually brought into confoimily. (Ord. 227.6-11 -90) (6) Prohibited Fences: Electric fences shall not be permined except in conjunction with the iuuance of a horse permit pursuant to Chapter 702 of this Code, and shall be removed upon expiation or revocation of a horse permit. Barbed wire fence: shall not be permitted except as hereinafter provided. Fences of the picket, ail or slat types shall be to con ­ structed that the spaces between the pickets, tails or slats shall be greater than twelve inches (12*) or less than six Inches (6*). (amd Ord. 289,3-28-94) Wire fences which are not readily visible shall be prohibited except where atuched to a wooden or other fence of opaque material which is itself plainly visible, (amd. Ord 289,3-28-94) (7) Required Fences: Swimming Pools; Outdoor swimming pools with a capacity of one thousand five hurdred (1 .300) gallons or with a depth of three feet (3*) or more of water shall be adequately fenced to prevent uncontrolled accei» from the street or adjoining property. Such pools stiall be completely enclosed by a nonclimbable fence at least four feet (4') in height (Ord 168,6-24-83) (8) Shoreline Fences: No fence shall be allowed within the shoreline setback area as specified in Section 1201 26 Subd. 3a(3) of this Ordinance. In addition, fences on or adjacent to the shoreline of any navigable lake, channel 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 avenge building 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 pans of Shorewood which are zoned residential, no boundary line fences shall exceed four feet (4*) in height except that: i. Fences on all comer lots erected within thirty feet (30') of the prope rty line shall be subject to subdivision 2h of this Section. it Fences along any rear propetty line whicj is also the rear propetty line ofaaabuniag lot shall ooi exceed s'u feet (6*) m height; and ill. Fences along a rear propetty line, which line constitutes the side lot line of an abutting lot shall not exceed six feet (60 in height foe a distance as calculated in IV below and Shan not exceed four feet (4*) in beighi when abutting I froet yard line. (Ord 168,6-2443) other rcs&ktioat within this Section, fences may be coosaucted to a height of six feet (60 0^ along the tide yard propetty line from the rear lot line to the raqoM ftoot yard scibeck line. (Ord 227, 6*11•90) wch ingrm po«tt ihaU b* poiitiooed 11 ^ *“•***•'^ lOddoa of 6-24.13) ShORwocd urea, u dai|niicd b die (u) n. faK. d»n b. I«ttd no doa, am, d|b> U., (T)»ib. p„^ ,i^ «»l>U«c« •«• n«« be lobmitud b (a) lb. fac. duo no« ob«n« Brtie ddbilii,. (Onl 2J7. «-M.90) (b) Interior Yard Fences: tnetf, Fax., in .11 CoraownUl Duoto. dull« ..««1 d^« fe, (,, b hd,h. 0») Secxirity Fences: 2*2 2i ‘‘“ “F l“« W n« B ..cd level, on wfcKh inns Ijarbed Wire nuy be stnm*. ^^*^ *^ •“***““ feel submitted 10 ihi'afy*^ “**“‘^ *^ *~'I*" «u« be right-of-way, ' estcniioos may not extend across an abutting property line or over any public (U)SpCcUl Puypoic Fcocci* pg nr^ I b<p«™n.db«,di,«..bdBa»b,taJ^.SSS2t^"‘*^‘*'~~^'“W^ Page 1 of 3 21130.01. FENCEAVALL REGULATIONS: Snbd. 1. Permit Required. Except as otherwise provided herein, no person shall erect, alter or relocate any fence or wall within the City without first hav ing been issued a permit therefor. Subd. 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. SabcL 3. Application Procedures. (a) Agricultural Developments and Residential, Single and Two Family. Each application for a permit under 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, O^er Than Single and Two Family, Commercial, and Industrial Uses. Request for fencing or walls shall be processed as part of and according to the procedures of the site plan review, as stipulated in Section 21045 of this Chapter. Subd. 4. General Provisions. Except as otherwise provided herein, all fences and walls within the City shall be subject to the follow ing 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) That 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 wall shall be maintained in a condition of reasonable repair and appearanc.. 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 hedges and plantings) or walls to be constructed on or within six (6) feet from the property line, unless comer property stakes are in place and marked and a survey is filed with the City. a. ^ ' ace shall be required on the top of a retaining wall that exceeds four (4) feet in «nd 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 wiili does http://www.cl.plymouth.miLUs/cgi-b..721130-FENCING_SCREENINO_LANDSCAPING.ht 9/6/2001 Page 2 of3 not pose a public safety concern. (Amended by Ord No. 2000-06, 02/29/00) s« (6) f«t in height may be pemtilted at or behind ine Irani as established by the principal stnicture. Said fence may be bv “ “ *q“i^«n< r«n or side ytS L Srt dd, 02/29/00) (Amended by Ord. No. 2001- (^Fences not exceeding thirty-six (36) inches in may be pennitted in the required front ?wemno? ’‘"j I"' ’’*'**“• ®"<* •"0 f"nilydwellings may be pemitted in front of the front building line as established by the pnmary strucli^on the lot, when required for screening of adjacent property In such inTended be the same as for the Te^iiich it is adjacent to railroad rights-of-way, no fence shall be located in a fofsWh on naiurai hedges or plantings utilized as fences in 2' imO°^s*bd'.^'*b"’* *' ** '*>' provisions of SecUon 'o enclose tennis courts LnHhi!>n.q requirements of this subdivision are met, and shall not require a acce^le ““ “ P'™'"''* “f Dren^rll'LA^iciillS'ilAH® “'“"'y 8““ “ Poinl where access is provided to the 5.™sh?pl“ re” * “-I “PP^Priate as part of requirement Kt’ forih^^io?2*01 5 « 2^020 ofuIis*aiapn wliolfc'fe s^d* fencmg a.Tangements may be approved as a conditional use pLit or "erim a»fi or interim use permit by the City: http://wrww.ci.plyraouth.mn.us/cgi-b..721I30.FENClNO_SCREENING.LANDSCAPtNG.ht 9/6C00I Page 3 of 3 (a) Fences alloN^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 yard of a required lakeshore setback area. (b) FeiKes allowed by interim use permit are as follows: (1) Barbed wire and electrically charged fences. Agricultural uses located in the FRD District and essential service structures in all Districts shall, 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 hazard with regard to, from or on a public street or roadway. (2) The fence placement, height or design docs not create a safety problem or negatively affect adjoining properties or use. 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 sur\ival of non-conforming fences and such fences that arc 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 be allowed when this includes necessary repair and incidental alterations which do not expand or intensify the non-conforming fence. (Amended by Ord No. 99-5, 01/19/99) L http7/www.cl.plymoulh.mn.us/cgi-b..72 1130-FENCINO_SCREENINO_LANDSCAPING.hl 9/6/2001 Reference Page I of 1 (C) Resldentkd fencing and walls. (1) Fences or walls which dcloin 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 15 feet from the prop^ line. Multiple family dwelling developments or townhouse developments may have wrought iron (or similarly designed) fences construct^ up to the front properly 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 property line and restricted for traffic visibility unless they qualify for one of the following exemptions. Fences may be allowed up to the property line if: stop lights). 1. Properties are located on comers with controlled intersections, (i.e. stop signs or 2. Fence or wall does not encroach into the clear view triangle as defined and regulated 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 gale 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 feel, 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. http7/209.48.87.250/brooklyn park innflp..74bec?<wtm plah>«Afo«dngumMit.frflm«» htm/trO 9/6/2001 AppIkalkM Date: 60 Day Dcadliae: 10/24/01 12/2J/01 REQl EST FOR COUNCIL ACTION NOV 2 6 2001 ClIY OP Onui^o DATE: November 20. 2001 ITEM NO.: ^ Departmeat Approval: Name Paul Wcinbcr^.cr Title Zoning Administrator Adroiaistrator Reviewed:Agenda Section: Zoning Item Description:ttOI-2729 W. Gregor> and Katherine Coward 1950 Heritage Drive Conditional Use Permit Zoning District: Ust ofEsbibiU RR-IA. One Famil> Rural Residential (5 acre) A Resolution B Sue Plan C Planning Report (November 13, 2001) Review of Request Property owners have requested a conditional use permit to permit construction of two accessory buildings on a **through lot”. A through lot is defined as a lot that abuts two substanliall> parallel sueets. The conditional use permit is the process that is used to determine the best location for an accessory building on a properly that does not have a rear property line. Accessory buildings are not permitted to be located closer to the front property line than the principal building on a standard lot. A standard lot would have both front and rear property lines, and not be a comer lot. The proposed buildings arc a 496 s.f. garden building and a t.OOU s f. garage to replace an existing garage. Slaff/Plannipg Commission Recommendation Staff rccomnuMuls approval of the conditional use permit. The Planning Commission recommended approval on a vote of 7 to 0 for the conditional use permit the recommendation was based on the following findings; 2 The proposed kx-ation of the buildings are in the same location as a garage that is proposed to be removed and meet the minimum required side setbacks. A large vegetative buffer is located between North Shore Drive and the buildings do not encroach into the average setback required for structures. Access to the properly will remain from Heritage Drive. The proposed location of the buildings functions as the rear yard for properties located along Heritage Drive. COUNCIL ACTION REQUESTED Motion to adopt the attached resolution. I A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 10 FILE NO. 01-2729 WHEREAS. W. Gregory Coward and Katherine Coward, (hereinafier "the iq^plicants") arc owners of the properly located at 1950 Heritage Drive within the City of Orono (hminaOer "the City") and legally described as follows; Tracts G. H. I and J. Registered Land Surv ey No. 96. Files of the Registrar of Titles. Hennepin County. Minnesota (hereinaRer "the property"); and WHEREAS, the applicants have applied for a conditional use permit per Municipal Zoning Code Section 10.03. Subdivision 10 to permit construction of two accessory buildings on a through lot; and streets; and WHEREAS, a through lot is defined as a lot tiuit abuts two substantially parallel WHEREAS, afler due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Plaiming Commission held a public hearing on November 19,2001, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota; 1. 2. NOW, THEREFORE. BE IT RESOLVED by the City Council of Orono. FINDINGS This application was reviewed as Zoning File <>01-2729. The property is located in the LR-I A, Single Family Lakeshore Residential Zoning District. The Orono Planning Commission reviewed this application on November 19.2001 and recommended approval by a vote of 7 to 0. Page I of 6 4. The Planning Commission made the foliowng findings of fact: 5. Accessor)- buildings ore not permitted to be located closer to the front property line than the principal building on a standard lot. A standard lot would have both front and rear property lines, and not be a comer lot. The proposed buildings are a 4% s.f. garden building and a 1 ,000 s.f garage to replace an existing garage. fhe proposed buildings do meet the minimum side setbacks for buildings of their respective size. The new garage is being located in approximately the same location as the existing garage. Replacement became necessaiy due to the deteriorating condition of the existing building. D.Access to the garage would be via the existing dri\c\vay to Heritage Dri\e. There is no access from Nuuli Shore Drive to the property. A large vegeiati\e buffer is located between North Shore Drive and the buildings do not encroach into the average setback required for stmcturcs. Access to the property will remain from Heritage Drive. 1*hc City Council finds that granting a conditional use permit to permit construction of two accessory buildings on the through lot will not be detrimental to the health, safety or general welfare of the public, will not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate siUTOunding property values and that the proposed level of use of the property w ill be in keeping w-ith the intent and objectives of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findmgs and recommendations of the Planning Commission, reports by staff and comments of the applicant and the affect of the proposed use on the health, safety, and welfare of the conmiuniiy. Page 2 of 6 fiaiiin CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of ihe above findings, the Orono City Council hereby approves a conditional use permit per Municipal Zoning Code Section 10.03. Subdivision 10 to permit construction of two accessory buildings on a through lot subject to the follow ing conditions: 1 . Property is developed in accordance the site plan attached hereto as Exhibit A. 2. Authorities granted by the conditional use permit run with the property not w ith the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council .approval, or this conditional use permit will expire on that date (November 26.2002). 3. Violmion of or non-compliance with any of the terms and conditions of the conditional use permit approval shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned owners have read, understand and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Page 3 of 6 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 26th day of November. 2001. ATTEST: Linda S. Vec. City Clerk Barbara A. Peterson, Mayor Property Owners STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknow ledged before me on this 26th day of November, 200 1 by Barbara A. Peterson, Mayor of the City of Orono. a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notarv Public STATE OF MINNESOTA COUNTY OK HENNEPIN The lorcgoing instrument was acknowledged before me on this ________ day of _____________. 200 ____by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was e.xecuted on behalf of the City. Notary Public Page 4 of 6 STATE OF MINNESOTA COL^NTY 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. a credible____ whose identity I proved on the oath/afTirmation____________ 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 STATE OF MINNESOTA COUNTY OF HENNEPIN On this . of..20 pcrson.illy appeared before me. ____ who is personally known to me ____ whose identity I proved on the basis of _ .,a credible____ whose identity I proved on the oath'afTirmation____________ 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 S of 6 •» -C^ S //-? SEC. 10. T.H7. R.23 flrw Gmcs Ci Mt. AMfi.CtwC>T»T< W» lli^i D»»««otBBanunuua f/ ■onr UM> Assocuits AJiCMTivca UD T»>t II 9-»! ^ • ApplicaiioR Date: 60 Day Dcadliac: fO/24A)l 12/23/01 TO:Chair Hawn and Orono Planning Commission Members Ron Moorsc, City Administrator FROM: DATE: SUBJECT: Paul Weinberger, Zoning Administrator/Planner November 13,2001 <101 -2729 W. Gregorv and Katherine Coward 1950 Heritage Drive Conditional Use Permit - Public Hearing Zoning District: Lot Area: LR-IA One Family Lakcshorc Residential District (2 acre) 2.2 acres Lbt ofEihibiU: A B C DI-D4 EI-E4 F G H J K L M Application Plat Map Letter of Request Property Photos Hardcover Calculation Worksheeu Site Plan Floor Plans Garage Front Elevation View Garage/Garden Building Elevation Side View Garage Pear Elevation View Garage Garden Building Elevation Side View Site Photo Property Owners Notificalion List Application Summary: Property owners have requested a conditional use permit to permit construction of two accessory buildings on a “through lot”. A through lot is defined as a lot that abuts two substantially parallel streets. The conditional use permit is the process that is used to determine the best location for an accessory building on a property that does not have a rear property line. The CUP also allows the City to hold a public hearing to allow adjacent property owners the opportunity to comment on the proposed building location. Accessory buildings arc not permitted to be located closer to the front properly line than the principal building on a standard lot. A standard lot wo>*ld have both front and rear property lines, and not be a comer lot. The proposed buildings are a 496 s.f. garden building and a 1,000 s.f garage to replace an existing garage. Drawings are attached. Pertinent Ordinance: Section 10.03, Subdivision 10. Al! accessory buildings on through lots locale Jin "R" districts shall require a conditional use permit. Principal Buildiini Setbacks for the LR-1A district Front/Street 50' Side 30' Lakeshore 75' Accessory Building Setbacks for the LR~1 A district 10' for buildings less than 500 s f. 15' for buildings 501 s.f. to 1,000 s.f. 30' for buildings over 1,000 s.f. The proposed buildings do meet the minimum side setbacks for buildings of their respective size. The new garage is being located in appro.ximately the some location as the e.xisting garage. Replacement became necessary due to the deteriorating condition of the e.xisting building. Originally the property owners had proposed a larger garage. A larger building would have required a 30' setback because the building was designed to be greater than 1,000 s.f. Project Architect, Robert Lund, has reduced the si/e of the new garage and designed a smaller garden building of 496 s.f. to be located behind the new garage. Access to the garage would be via the existing driveway to Heritage Drive. There is no access from North Shore Drive to the properly. Hardcover Review The property is located within the Shoreland Overlay district and is subject to hardcover regulations. Existing:0-75' 75-250' 250-500* 500-1,000 ’ 0% 0% 0% 8,591 s.f.(18.7%) Proposed:0-75' 75-250' 250-500' 500-1,000' 0% 0% 701.5 s.f. (1.7%) 9,188 s.f. (20%) fOI-2729 W OrcfonmdKidicrtneCimwd 1950 tkrlutc Drive Pige2 Staff Rccomncad«lion: Staff recommends approval of the conditional use pennit to permit two accessory buildings to be located on the properly as depicted on the site plan dated 11/9/01. based on the lollowing findings: 1. The proposed location of the buildings are in the same Ucation as a garage that is proposed to be removed and meet the minimum required side setbacks. 2. A large vegetative buffer is located between North Shore Drive and the buildings do not encroach into the average setback required for structures. 3. Access to the property will remain from Heritage Drive. 4. The proposed location of the buildings functions as the rear yard fur properties located along Heritage Drive. r* •01 -2729 W Cnpiry and lUltwtac C<ra«rd 1950 Hoil^ Drive Pia*3 Applicatioii U Cl' IHtc Received (n Ho -Q I Amount Paid__SL'l^.OO CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address /Ag;^/7>1 Type of Application to be Filed C>.a,f9 Property Identification Number (P.I.D.) APPLICANT Name Phone (home)^/2y) ^37^ __ Phone (work) {Qt 2.) ^ B>o Zip I* Address ^ ^Citv OWNER (if different than applicant) Name „j^. AddressO^. City t\/A rw Zip ^^39/ Date Propert>' Acquired ^uCfCJS r/ Phone (home)_ __ Phone (work)_ I (do) (do not) also own the adjacent parcels of land. (montii/year) FEES - CONDITIONAL USE PERMITS - S 75.00 For each variance request with CUP application $175.00 Residential Accessor>' Use $250.00 Institutional (church, school, etc.) $225.00 Guest House/Guest Apartments $200.00 Duple.x Crcdit/Bldg $325.00 Commercial/Industrial Use $250.00 Land Alteration ____ Grading and filling - designated wetland or floodplain ____ Grading and filling - 501 cu. yd. or more ____ Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see Fee Schedule $150.00 Renewal Fee (no change from original application) Aftcr-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS $275.00 Commercial Site Plan Review (+ consultant fees) $300.00 Vacation $200.00 Easement Vacation $100.00 Easement Vacation With Subdivision $350.00 Rezoning (PUD - refer to fee schedule) $375.00 Comprehensive Plan Amendment $100.00 Appeals Other - see Fee Schedule #2 i required SUB2VUTTALS 1. 2. 3. 5. 6. 8. 9. , Completed Application Form. , Describe request in detail. CeitiOed Probity Owners List of owners within 350 ’, labels and plat map (you Hennepin County Department of Finance A-603, Government Center, 348-3271). Sbmario surveyor) - refer to handout for survey Attach legal description to application if not included on required survey. Topographic survey (existing and proposed contours) if land alterations involve changes m elevation (grades). List of the legal names (include mari*cal statuk) of all persons with an interest in the p^roperty. This would include namets) of applicant(s) if not current owner(s). Construction plan, if applicable (see staff for requirements). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY The Applicmi and Property Owner must sign this application. Please remember that your application is not complete if the above informaiion has not been included. Certification by Clerical Department that Land L se ApplicaUon is complete Initials of Clerical Staff: ______________________ Dale APPUCANT'S SIGNATURE The applicant hereby agrees to provide all infontiation requited or requested by the Zoning Administrator, agrees to pay additional fees (s-an time not covered by original fee payment) Applicant's signature —v----- Dale /£!•/'£ ■£>/ OWNER’S SIGNATURE ' The owner hereby acknovvledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultant*, agents, commission members, and Council members for purposes of investigation and vcri:\'aiion of this n-quest. Owner's signature I/y Date/ty/^*/af scheduled review meeimgs of the Planning Commission and Council, r an applicant S a //O /w ROBERT LL ASSOCIATES ARCHITECTS. JLTD. 4S29 EAST LAK£ HARRIET PARKWAY. MINNEAPOUS. MN 55409 P. O. BOX 1134. WAINSCOTT. NY 11975 (6I2)927-06M FAX (612) 927-03t2 (631)537-5500 FAX (631)725-4476 November 9,2001 New Garage and Carden Room for the Coward Residence 1950 Heritage Drive Wayzata, MN Application is hereby submitted for a Conditional Use Permit for the construction of a proposed new garage located 15.17 feet southwest of the northeast property line and a new garden room located 10.12 feet southwest of the northeast property line with accompanying walkways and terraces. The maximum size of the new garage structure is and will not exce^ 999.50 square feet. The new garden room will not exceed 496 square feet. The existing garage will be torn down and the new garage will be placed approximately 3 feet north of the back (or lakeside) wall of the existing garage. J 1 «■ Jsi Ml ^ A Uiraiaiiii;] r «i: W W >-. ' ■* A ■ TV ’'■3i'At- liM I I III m. m W u I ■» V* • / ’ .'I V-NlU r V. Photo 025 Photo Of 8 Photo 031 t . * Photo 034 Coward Residence I'i5ll llcrilugr l)mr. Wayuta, MN Scpiember 13. 20U1 mm Photo 026 -wv •-i' 1 m Photo 029 ^ i:iiJ Photo 032m »WV ' •“ ■?. V‘'' ■ f; fr^ - Photo 035 ■^li «-i'58^5( ifTSlA'; "wV*:^-*1 Photo 027 0 t Photo 030 Photo 033 ly mM P>I M Photo 036 ROBERT LIND ASSOCIATFS ARCHITICTS. III). 4S:*> r AS r I Akf. H3R mil PARKWAY. MISM MVLIS MS 5.<40‘i »fti:i‘ir-OolP' lA\t6i;i«Jr^J82 P O BOX 1134. \^\|SS.O^. NY (63H5r?500 1 AX 1631 1 537-8416 T7 Ci Photo 037 r rr Coward Residence 1950 Hcfitag* Drive, Waynu. MN September 13.2001 Photo 038 Photo 039 ROBERT LUND ASSOTIATFS ARCHITECTS. LTD. RO.BOXIIH WAINSCOTi NY 11975 ET|(JUC\ OTl (612)927-0610 (631)537*5500 l-AX (612) 927^)382 FAX (631) 537-0416 OI-Z7 29 U IIARDCOV RR CALClfLATION WORKSHEET SFTBACK ZONE: (CIRCLE ONE)0-75-75-:so- ^'Tsc-soo*j 5OOIO0O* EXISTING HARDCOVER IN ZONE -------- A House —X •.O SF Lengiti X WMhh ■c:^' SF. X m ^ SF. X m ' S F B Garajc X m jiD S.F. C. Driveway X m ^ SF. X m ^ SF. D Sidewalk X m ^ S F. X m S F E. Paiio/Dcck X m ^ SF. X m S F. F. Landscape Underlain -X m .O S.F. X m /O S F. By Plastic X m S F. G. Other X m SF. TOTAL HARDCOVER IN ZONE •S.F. TOTAL PROPERTY AREA IN ZONE . _SF. A —* B X 100 m C % PDOpn^rn hardcover in zone A. House .—X m /O S F. Length X WhMi m S.F. X m S.F. X m SF. B Garage C. Driveway *57 S.F. —X m S.F. —X m S.F. D Sidewalk X ■^ 7. S.F. X m S.F. E Patio/Deck X m S.F. X a m S.F. F. Landscape X m S.F. Underlain X m SF By Plastic X m SF 0 Other X m 4-1 SF ^TOTAL- HARDCOVER IN ZONE «S.F. TOTAL PROPERTY AREA IN ZONE • A ro/.B * B 3^'l. X 100 m 1.1"'Za % o:t HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75*75-250*250-500* rxISTlNC HARDCOVER IN ZONE A. House_____________ Ltti|(h Wultfi B Carafe C. Driveway i ‘f D Sidewalk 4.^ E. Palio/Dcck F. Landscape Underlain By Plastic 0. Other / V -7 J ' TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE 55*9/*^ * B 4S‘/bo7.^ X 100 PROPOSED HARDCOVER IN ZONE A. House Width B. Garage C. Driveway /X' grx/^r D. Sidewalk 4.< E. Paiio/Deck F. Landscape Underlain 3y Plastic S^tST PB’>‘ G Other TOTAL HARDCOVER IN ZONE TO”^L^R^PgTY AREA IN ZONE B :f^L^£fL5>*. 100 10 __________S.F. __________SF. 102^2^ SF. 5T£5 S.F. / 2^^ f S.F. _________S.F. Z4'?-,tr S.F. _________S.F. SJ. ________S.F. S.F. S.F. S.F. -4g.giglZ,g s.F. ___________S.F. SF. 'ZO'LZ. S.F. 4iT5 ‘S.F.V*. 5 ’4o S.F. S.F. \-v ' 7 ■*-% 74 ?.‘y S.F. S.F. 155^SF. 'A ‘ SF.• *> “N SF. ) .1 "U SF.^ ll SF. SF. S.F. A S.F. B 20.0 i S 1/2 SEC. 10, TUT. R. 23 I / -WviiOassf^^' / ^ ^ A / 0 f>/'W Mr A Mf. CiM Cwrd ItWHMiirDm* ««raM.MM Kanr UJM> ABocMiB AAOcrecn. UD Mmmm4« Ni« Talk{tinniSm mhiimm ^<V<»rc II- f‘»/ J P'o' ---------------------------- ft ■III I ^ \ '4 iiT^lllflU;;l*|5 t ni-’T.irjiili I IJJlIjjtMj "j^^OWfT-VveST eUBVATlCDrvX ye>V » - o* N«> cmm. rminirtlM hr Mr. A Mrv Crx r»w«jd lt»HmhiD»w« KlfawkM MlMU»«Ttt£^ATlPW ROKKTIL-M) AUOCIAIIS AKCHmcn im f.il (•UIVITAM MllinM ,'Ci' 4'"' vKSv' M’ r^TPriu-w'^ ^-ikv ^^ty^Hpas^r f^ij|p^>KTto^ SclC j Mr. A aiw. CfM C—tii UXXIUJUUI ItOKJtr LUK) Aaocum AKMnVCn LTD Ml—M«1.t M*» T»l (tinnT^iM iui)»Mm i^^tfv-nec «•»■•# f w'V ■i, fir Iffy^yu , ... 'V^- > :'^ «-#-------V • ' ^ »/ / V. ‘ < I / Y I j ‘ -i~ • ^ ^ !■/* f -^T }~- • - ^iyn^f r"' ■>/ I/' ^'Vi/i . 47tU.fl'! ./ \..r~\i >A /i| ^>QuTv\e>v3r CL p^tiom •/er» i^“ Mr. A Mn. Cm Cawmi^ IW imn> Ifcrw WivmMt tatfiMEAXT KixvimaN ir*> r •oacicr UM> Assocuns AJiCHmm. LID Him»iiiIh Nio V«>k (•iD«r-«*« 1*111 in-iMt A»w»CO n 9-Of T- if .*(■ . / <•. -y A i ■ \ Il.-^u I L .-' 1^/ Kt.. r-^i, u ■' 1/1/1, i ■ mmjr -/ MO«Vr>ME^K=>r gt^>^TlQhO yeAiio Mf.AMn.Gw^CMrMii HHWiiliOw I •toM.Mt •TT r HQMICT LUO AflOCUm AHOCTBCn LTD N«a V«fk )*l>|W4t» («ll)»MM0 ^C^0mg>$, • rf Y/Jl r h’/ U'(. { r ' y RIM Uff It/lt/Rl lATCN M7 RROf AOOR OMMIR NAMi TAKPAVIR HAM/Am M 1I-117-2S tS M15 •19RB NERlTA«f OR OAVIO r SCOTT OAVIO F SCOTT 19RS NUITAOI 00 MAYZATA tM SSS91 NCfMCriN COUNTY FROTCRTY INFORNATION SYSTUI FROrCRTY OMNiRS LIST SR 1R-117-2S IS RRIA tltss NERITAOC OR IBS CLARK JR IWfNi t SNARON CLARK JR 19SS NiRITAef ORlVf WAYZATA MN SSS91 RirORT NO. rZASSARl FA6I lA SB 1R-117-2S IS RRIA RUSS NIRITAGC LA rOMNlLL ASSN FOKNILL ASSN NANCY RJIRKi 1BS5 NIRlTAOt LA MAYZATA NN SSSn SR 1R-117-2S A2 RRR2 PROF AOOR RIRSR SNORCLlNf OR OMNiR NANI CAROLI A RLOCN TAXPAYIR NARK S SAVAOf/TONYA H SAVABf NAHi/AOOR A7R2 NICNCROFT CR EAOAN NN SS122 SO 1R-117-2S 42 RRRS R141R NCRITASC OR L M B C A RLOCN LOUIS W B CAROLE A RLOCN 141R NERITAOC OR MAYZATA NN SSS91 SO IR-II7-2S 42 RRR4 RI04R SNORCLlNf OR PAULINi N ROUCNARB PAULINE H OOUCHARO 1R4R SNORfLlNE OR MAYZATA NN S5S9I SO IR-I17-2S 42 RRRt PROP AOOR R14SR SNORCLlNf OR OMNER NANE R C STICRNA B P A STICRNA TARPAYER ROOCRT C B PATRICIA STICRNA NANC/AOOR 19SR SNORCLINE OR MAYZATA m 5SS4I SO 1B-117-2S 42 BORA B140B NERITAOC DR L M DAYTON JR B 0 J DAYTON L V DAYTON JR B D J DAYTON 140# NERITAOC DR MAYZATA NN SSS4I SO 1B-I17-2S 42 RBU •I42B SNORCLINE OR C 0 SMENSON BAN SMCNSON ERIK 0 B ANN N SMCNSON 142# SNORCLINE DR MAYZATA NN SSS41 SB l•-117•^S 42 BI17 PROP AOOR •••SO ADORCSS UNASSIONED OMNCR NAHf N A NELSON B J A NELSON TAXPAYER NORRIS A/JACQUELINE A NELSON NANC/AOOR 14RB SNORCLINE DR MAYZATA rW BSS41 SO IR-117-2S 42 rilS •14BS SHORELINE OR N A NELSON B J A NELSON HOREIS A/JACOUCLINC A NELSON I4BS SNORCLINO OR MAYZATA NN SSS4I SO IB-n7>2S 42 ••14 C14S4 NERITAOC DR M OREOORY COMARO JR M ORCCORY COMARO JR 14SR NERITAOC OR MAYZATA NN SSS41 PROP AOOR OMNCR NANS TAXPAYER NANE/AOOR TOTAL BATCH BBT BIBIZ i Appliettion Dale: 60 Day Dcadlioe: 10/26/01 12/25/01 RFQUrST FOR COUNCIL ACTION NOV 2 6 2001 Cl I Y Unv/(v(j DATE: No\ember 20.2001 ITEM NO.: ^ Dcpartmcat Approval: Name Paul Weinberger Title Zoning Administrator Admintstrator Revirmed:Acroda Section: Zoning Item Description: Zoning District; UsIofEihibits ttOI-2732 Revis Stephenson III 1 850 Fox Ridge Road Conditional Use Permit RR-IB. One Family Rural Residential (2 acre) A Resolution B Site Plan C Planning Report (November 1 3. 2001) Review of Request Property owners have requested a conditional use permit to permit land alteration on the property over 500 cubic yards for the purpose to fill a steep '>lope area and have an improved finished grade fbr the backyard. The property has a very short back yard, with only 20 -30 feet of yard area before the lot has a steep drop. Hie project would require clear cutting the slope and depositing of 3.280 cubic yards of fill. The source of the fill is from the Orono W'oods apartment building located at the northwest comer of Highway 12 and Brown Road (Dunbar Project). Some e.xisting less mature trees would be removed with the intent to replant once the fill is placed on the hillside. Additional trees will be added to the property where existing trees can not be used. The hillside would not be a maintained lawn area that is mowed, but will be reseeded with native grasses. yiflfmiBnWg CqfpiwiMtou RecoMiendatioB Staff and the Planning Commission recommend approval of the conditional use permit subject to the following conditions relating to the finished grade and construction activity ; 1 . A determination is made by all agencies w ith rights to the unused utility easement that 1 2* of fill can be located over the easement. 2. A letter should be submitted by the property owner indicating that two silt fences would be installed to protect the existing wetland and that the silt fence would be insulled prior to any tree removal or land alteration. 3. The MCWD shall issue an erosion control permit prior to issuance of a land alteration permit. 4. The flushing station located on the property shall be protected by fencing to ensure it w ill not be damaged during the project. 5. ~ All slopes shall be restored with a minimum of 4-inches of topsoil and seetkd or restored w ith some type of erosion control measure, erosion control plan shall be approved by the MCWD and City Engineer. «OI-2732 Revis Stephenson III I8S0 Fox Ridge Road Pagg 2 of 2______________ 11. 12. The Rushing station located on the property shall be protected by fencing to ensure it will not be damaged during the project. All slopes shall be restored with a minimum of 4-inches of topsoil and seeded or restored with some type of erosion control measure, erosion control plan shall be approved by the MCWD and City Engineer. The property owner provide some type of financial guarantee that could be used to correct any damage to the road caused by the contractors activities. Fox Ridge Road is a residential street. Contractor shall place signs on Fox Ridge Road alerting other users of the road of the contractor work taking place. Temporary fencing shall be installed around the construction activity to separate the land alteration activity from surrounding property. Final vegetative restoration shall be complete prior to June 30,2002. The contractor, property owner, and City Staff shall meet prior to any land alteration activity to determine method of financial guarantee and to determine parameters and existing condition of Fox Ridge Road. COUNCIL ACTION REQUESTED Motion to adopt the attached resolution approving a conditional use permit to permit transportation of 3.280 cubic >‘ards of fill to property located at 1 850 Fox Ridge Road. The City Council Hnds that granting a conditional use permit to permit 3.280 s.f. of land alteration will no* Se detrimental to the health, safety or general welfare of the public, will not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the affect of the proposed use on the health, safety, and welfare of the community. CONCLUSIONS* ORDER, AND CONDITIONS based upon one or more ui the above findings, the Oruno City Council hereby approves a conditional use permit per Municipal Zoning Code Section 10.03. Subdivision 19 to permit land alteration and fill of 3.280 s.f of material to the rear of the property subject to the following conditions: I.A determination is made by all agencies with rights to the utility easement that 12' of fill can be located over the easement A letter shall be submitted by the property owner indicating that two silt fences w*ould be installed to protect the existing wetland, and that the silt fence would be installed prior to any tree removal or land alteration. 'fhe MCWD shall issue an erosion control permit prior to issuaiKe of a land alteration permit. The flushing station located on the property shall be protected by fencing to ensure it will not be damaged during the project. All slopes shall be restored with a minimum of 4-inches of topsoil and seeded or restored w ith some type of erosion control measure, erosion control plan shall be approved by the MCWD and City Engineer. The property owner provide some type of financial guarantee that could be used to correct any damage to the road caus^ by the contractors activities. Page 3 of 6 . iiTwiittjiniiini ....... 7. Fox Ridge Road is a residential street. Contractor shall place signs on Fox Ridge Road alerting other users of the road of the contractor work taking place. 8. Temporary fencing shall be installed around the construction activity to separate the land alteration activity from surrounding property. 9. Final vegetative restoration shall be complete prior to June 30.2002. 10. The contractor, property owner, and City Staff shall meet prior to any lattd alteration activity to determine method of financial guarantee and to determine parameters and existing condition of Fox Ridge Road. 11. Authorities granted by the conditional use permit run witli the property not with the applicant, but are permissive only and must be exercised by application fur a land alteration permit within one year of the date of Council approval, or this conditional use permit will expire on that date (November 26,2002). 12. Violation of or non-compliance with any of the terms and conditions of the conditional use permit approval shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 13. The undersigned owners have read, understand and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this rcsolutic^ in the Chain of Title of the property. Page 4 of 6 Adopted by the City Council of ihc City of Orono, Minnesota at a regular meeting held on the 26th day of November. 2001. ATTEST: Linda S. Vee. City Clerk Barbara A. Peterson, Mayor Property Owners STATE 01 MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknow ledged before me on this 26th day ofNovembcr. 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 _____________, 200____by Linda S. Vee. City Clerk of the City of Orono. a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page S of 6 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/afflrmation . witness a credible and who executed the foregoing instrument, and acknowledged that he/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 personally appeared before me. ____ who is personally known to me ____ whose identity I proveil on the basis of. whose identity I proved on the oath/afllrmation witness , a credible and who executed the foregoing insmunent, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Page 6 of 6 t 00*00*00- C aOflylT AppIkatioB Date: 60 Day Deadline: 10/26/01 12/2S/0I Chair Ha\>n and Orono Planning Commission Members Ron Moorse. City Administrator FROM: DATE: Paul Weinberger, Zoning Administralor/Planner November 13.2001 SUBJECT:#01*2732 Kevis Stephenson III 1850 Fox Ridge Road Conditional Use Permit - Public Hearing Zoaing Districl:RR-IB One Family Lakeshore Residential District (2 acre) List of Ekhibiu: Engineer Conunents Application Description of Request Plot Map Site Grading Plan Adjacent Property Owners Comments Tree Restoration Plan Property Owners Notification List Application Stimmary: Property owners have requested u conditional use permit to pertnit land alteration on the property over 500 cubic yards. The project would require clear cutting the slope and depositing of 3.280 cubic yards of fill, the purpose is to create a gradual slope rather than the existing steep drop from the immediate back yard of the house. The source of the fill is from the Orono Woods apartment building located at the northwest comer of Highway 12 and Brown Road. Some existing less mature trees would be removed with the intent to replant once the fill is placed on the hillside. Additional trees will be added to the property where existing trees con not be used. The hillside would not be a maintained lawn area that is mowed, but will be left to restore itself naturally. Conditional Use Permit Required (Section 10.03, Subdivision 19): A conditional use permit is required for land alteration of greater than 500 cubic yards. The slope is Q2i located w ithin a shoreland area, where trees and existing grades on slopes are protected. The CUP allows the City to notify surrounding property owners and requires City Council approval for such proposed projects. The City of Orono docs not have a tree preserv ation ordinance that would prohibit the removal of existing tnMS. The Comprehensive Plain does address the issue of tree preservation. The CMP policy on tree preservation is as follows: Tree Pre«ervatioa Polio’ fCMP Part 3A) 1. The City finds lhal ils trees and woodlands provide numerous benefits including, but not limited to: stabilization of the soil by the prevention of erosion and sedimentation, reduction of storm water nmoff, improvement of air quality, reduction of noise pollution, control of urban heal island effect, protection and increase of property values, protection of privacy, energy conservation through natural insulation, providing habitat for birds and other wildlife, and conservation and enhancement of the city's physical and aesthetic environment. 2. It is the City’s policy to presers e and protect significant trees, stands of trees and wooded buffer areas, the loss of which as a result of land disturbances associated with the process of development or construction would adversely affect the character of the City'and the integrity and quality of its development. The City recognizes that, despite the best efforts of the City and property owners, trees may occasionally be lost in the development or construction process. In those cases tree replacement or reforestation shall be required. 3. The City will study whether adoption of additional tree protection and replacement ordinances is necessary to accomplish these goals. The proposed restoration plan does replace some trees. Many of the e.xisting trees, that are to be removed include box elders, which the property owners would like to replace w ith maples and other trees that are deciduous hardwoods. Land Alteration and rransportinu the fill to the Site The elevation of the back yard is 966’. The lowest elevation at the wetland is approximately 938*. The total drop of the hillside is 28 ’. Overall the slope w ill be decreased to a 4:1 slope. Typically, the City will require grading projects have a finished slope of 3:1 or less. The proposed slope is flatter titan 3:1 and therefore meets this requirement. 3.280 cubic yards of fill can be measured by the number of truck loads that will be required to transport the material to the site. A typical truck can he il between 10 to 15 yards of fill. That would mean a total of approximately 300 truck loads would be delivered to the site. The source of the material is the senior apartment building site located at Highway 12 and Brown Rond. The most logical route the material would be delivered is south on Brown Road to Fox Ridge Road. The City- Engineer has stated the City is concerned about the potential of damage to Fox Ridge Road, which is a City street. The Engineer has recommended, if approved, the property owner provide some type of financial guarantee that could be used to correct any damage caused by the contractors activities. Engineer Comments The City Engineer has reviewed the plans. Comments and recommendations are attached as Exhibit A. •01-2732 R««b Sttplwmoa 01 ll50Fo«RM%eRiMd ri«e2or) A utility casement is located through the properly. In the 1970s the easement was acquired for a metro sewer main. The sewer main line was never constructed. Parts of the original casement located over the 20 acre properly north of the Luce Line Trail w as vacated years ago w hen it was determined tlie line would not be constructed. The casement located across this property and other lots in the Fc.x Ridge neighborhood has not been vacated. The City is in the process of determining the long term viability of the casement and requesting comments from the Met Council on the future use of the easement. Wetland Impacts Below the hillside is a large wetland. The City of Orono requires a 26’ setback to wetlands lor any land alteration activities. The proposed grading plan does not impact the wetland or wetland setback. A Hnal wetland delineation shall indicate the edge of the protected wetland. The Minnehaha Creek Watershed District (MCWD) has been asked to comment on the proposed project. They will require on erosion control permit. Pianniog Commission <)ption.s for Action A. Approval. A recommendation of approval shall include the follow ing conditions: 1. A determination is made by all agencies with rights to the utility casement that 12' of fill can be located o\ er the easement 2. A letter should be submitted by the properly owner indicating that two silt fences would be installed to protect the existing wetland, and that the silt fence would be installed prior to any tree removal or land alteration. 3. The MCWD shall issue an erosion control permit prior to issuance of a land alteration permit. 4. The flushing station located on the properly shall be protected by fencing to ensure it will not be damaged during the project. 5. All slopes shall be restored with a minimum of 4-inches of topsoil and seeded or restored w ith some tvpc of erosion control measure, erosion control plan shall be approved by the MCWD and City Engineer. 6. The property owner provide some type of financial guarantee that could be used to correct any damage to the road caused by the contractors activities. 7. Fox Ridge Road is a residential street. Contractor shall place signs on Fox Ridge Road alerting other users of the road of the contractor work taking place. 8. Temporary fencing shall be installed around the construction activity to separate the land alteration activity from surrounding property. B. Denial, Stating reasons. C. Table D. Other Action •01-27)2 IU%b Sicphcmon 111 1150 F<n Ridte Road Pi«c)or) ifltsonestroo M:^Rosene m-v Anderfik& |\|| Associates Engineers & Architects November 9.2001 Paul Weinberger Zoning Adminisualar/Planner City of Orono Post Oflice Box 66 CryxuU Bay. MN SS323 ■•iwlirM. AnOMMk ttt4 Aimmm**. tm H it AffMOTMt** ActMn/(«u«l 0»»ottMWHy tmpHyr Otig G aonrilrog « • i twvM* « • t Coo* M • toOg«i C PI • A BouMlon »| Wmo« ConiuHanli ■o«g<t Af >01*0* Pf • iotfpA C Andriiit PI • •k Aa 'iI I Xongf P| • kitjn M fD*f*n C PA Aumim * PtHMiM** A Oo>don Pf • ■o«*«l • P««r«*»« P| • t<n«r« w leii«* Pf • 0*«<0 O lotaoia Pf • Matt A Mjnton PI • *A<nOT4 r Bauimjnn. PI • lr« C l«<0 P| • P Andr'toA Pf • Mj>* t Aort* Pf • 0«.«>A BonTMtoo MBA • P Ar Amnion Pf if . A^i M tMg MBA . Aun B k * ftnnMIl Pf • IPigmjl W fmion PI • Utr<9t • MAand Pf . M4ri B PI • I PHA* M Pf • OAVgi i fOggftgn Pf MAftmgf PI • fneoMi A t^fto P| • V»*i>on i ioAnion • DA* A Cfo*r PI • tho«?t*i A BoutAA Pf • BoO*>l i Or*«>y Pf fl Pa A tl Cloud BocA*tl*> Aid AMMia MN • MiN>a A*« *1 • CPNABO A MBBUI* M««bon*tiroa(om Stephenton Site Improvemenu File No. 139-2732 Dear Paul: We ha%x reviewed the propoMd grading plan for the Revu and Meghan Stevenson properly liKratcd on Lot 4, Blixrk I. Fox Ridge in Section 3. The plans propose to place approximately 3300 cubic yards of fill along an existing slope cost of the home. We have the following comments with regards to engineering matters: • The proposed improvrmcnLs include placing approximately 12-rcct of fill over an existing utility casenKnt. The purpose of the easement should be idcntiried and a determination made as to w hether the fill will impact the u«e of the easement. • A letter from the property owner indicates that a "douhie** sill fence will be installed to protect the existing wYtland. The plans should show two rows of heavy-duty sill fence installed west of the 26-foot wetland setback. All sill fence should be installed prior to any clearing, filling or grading activity. • The amount of fill proposed to be hauled to the site will generate a substantial amount of heavy truck traffic. The truck traffic has the potential to damage Fox Ridge Road, an existing City street that serves the neighborhood. We recommend that the City require some type of financial guarantee from the applicant to be usc*d to ciurect any street damage caused by the contractors activities. The contractor should also provide appropriate traffic control and signing to alert and protect motorisu and pedestrians in and near the iKighborhood. • The City recently completed sanitary sewer improvements to serve the area. A flushing station connection was installed near the northwest comer of the Stephenson property. Some type of fencing or barrier should be constructed around the flushing connection prior to construction to protect agairut damage. • The existing slope where the fill is to be placed is heavily vegetated. The applicant should provide the City with a tree removal and replacement plan as part of the application. B The site lies within the Minnehaha Creek Watershed Disuict (MCW'D). The proposed improvements could potentially impact the existing wetland located along the east edge of the property. Plans should be subnutted to the MCWD for their review and approval. • All slopes should be restored with a minimum of 4-inches of topsoil and seeded or restored with some type «>i erosion control measure (wood fiber blanket, etc.) immediately aher the placement of topsoil to minimize erosion potential. If you have any questions please call me at (6SI) 604-41163. Yours very truly. BONESTROO. ROSENE, ANDERUK & ASSCXTIATES. INC. Tom Kellogg' Attachments Cc: Greg Gappa. City of Orono 2135 Ufest Highway 36 • St. Pnul. MN 5SII3 • 65l'636*4600 • Fax: 65l-636*l31t Application # /- Date Received /<; / Amount Paid 0 r CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address Type of Application to be Filed Al'kriAi.^ ->/; ft4pTt Property Identification Number (P.I.D.) APPLICANT . Name l\ Address /fe.^ 'Rr*. AA Phone (home) <=fCj^ w7f. :______ Phone (w-ork ) 6i i -xtq a/^/7~7 City _________Zip nr'tn^ OWNER (if different than applicant) Name ^ Address J iT Phone (home)_ Phone (work)_ Date Property Acquired_____________________ 1 (do) (dS^noj2>also own the adjacent parcels of land. (month/year) FEES - CONDITIONAL USE PERMITS - _____S 75.00 For each variance request with CUP application _____SI75.00 Residential Accessory* Use _____S250.00 Institutional (church, school, etc.) _____S225.00 Guest House/Guest Apartments _____S200.00 Duplex Crcdit/Bldg S325.00 Commercial/Industrial Use y S250.00 Land Alteration ____ Grading and filling * designated wetland or floodplain X Grading and filling - 501 cu. yd. or more ____ Grading, seawall, retaining walls within 75' of lakeshorc _____PRD^ID - sec Fee Schedule _____SI50.00 Renewal Fee (no change from original application) _____After-thc-Fact Fee - Double Current Application Fee OTHER APPLICATIONS 5275.00 Commercial Site Plan Review (+ consultant fees) 5300.00 Vacation 5200.00 Easement Vacation S 100.00 Easement Vacation With Subdivision 5350.00 Rezoning (PUD - refer to fee schedule) 5375.00 Comprehensive Plan Amendment 51 00.00 Appeals Other • see Fee Schedule #2732 1. Q) / 3. REQUIRED SUBMITTALS _____Completed Application Form. _____Describe request in detail. _____Certified Property Owners List of owners within 350’, labels and plat map (you must obtain this list, labels wd map from Hennepin County Department of Finance, A-603, Government Cemcr,“348-327l). Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. ^ Attach legal description to application if not included on required survey. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). y 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 owner(s). Construction plan, if applicable (see staff for requirements). Wa A s an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY JO COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11” X 17” OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. 8. 9. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff:__________________________Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature Date /c> OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature Date A* Applicani must have all submittals into the City oftlces 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Appileanu must be present at all scheduled review meetings of the Planning Commission and CounciL If an applicant b «■««■*«»* to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place mi advise the Building & Zoning Office of thb change prior to the meeting. #2 i Dcuikd Summary of Proposed Land Use Permit for 1850 Fox Ridge Rd Rrvta it Meghnn Strplienson TIm proposal We are asking to bring in fill to change the back of our lot from a steep drop off to a gradual grade similar to the grades of the lots to the North and South. Why? The main reason Is for the safety of our children and those in the neighborhood. Almost all of the kids that have lived in the area have taken a spill at some time and there have been injuries. Although none have been serious to d.ite. we would like to take action before something serious does happen. There are man) sma” children in the neighborltood, including our 3 year old and I year old, that play in the back yard ami arc to young to understand the dangerous situation. The drop off is as close as 13 ftet fhim the back of the house and is adjacent to the play area. The second reason in to improve the aesthetics. Currently the area is mostly overgrown with box elder trees and scrub brush and would be replanted with native trees and tall grasses. How? TIte site will first be prepared by spading out as many good trees as possible for replanting Shade Tree Acres has been contracted to do this woik as well as landscape the graded areas in the spring Shade Tree Acres was the primary landscaper for Spring Hill Golf course and has excellent experience working w ith sloped areas and aiound wetlands. Bel Air Excavating has been contracted to do the grading and filling They will use our driveway as a staging men for the dump trucks and use i cat to push the dirt into place. Tile trucks will not be driving on miyone else's property or close to the foundation of Uie house. The final grade will be at a slope of 4 to I which will be much safer and less prone to erosion problems. Pending approval, the surveyor will hire a soil expert to accurately delineate the wetland boundary and 26fi buffer cone A “double" silt fence will be installed to insure protection of the wetland. Bel Air will make sure (he public roads arc cleared of any residual dirt from the trucks. Black dirt will be brouglrt in to cover the new fill for ideal growing conditions. Shade Tree Acres will landscape the area with the replanted trees and other trees that are native to Minncvoia such as wh.ic pines, oaks, apple trees and more. The area will not be a maintained lawn that is mowed, but u ill be ici to grow naturally with trees and fescue grasses. Currently the ground cover is bare din because (he box elder trees ond buck thorn are so overgrown. The proposal would be better for the wetland because llic new grasses would act as a filter for runoff. When? What makes ibis whole project possible is the availability of ample yards of clean fill coming from the construction project on Hwy 12 and Brown Rd that will be trucked out of Long Lake and Orono beginning in early to mid Nov. Time is of the essence because once this project has started the source of fill IS lost Anything ih.M can be done to expedite approval will be very much appreciated. If there is anything I c.m do please let me know. Sincerel). Revis L Stephenson III .jm £5 / ....................... 1 SDd50"*3 n 1 0 = 01\ «s«* % p s5 X. X0W2-1 % mwoor C 30&JI7 L Tobin J D ayton I8®5 Fox Riocc R oad Long Lakc . Minnesota ss3S« November 11.2001 Orono Planning Commission 2750 Kelley Parkway Crystal Bay, MN iSili Dear Planning Commission. I am wriung to communicate my support to the project being proposed by Revis Stephenson at 1850 Fos Ridge Road in Long Lakc. ^Miile the project is certainly not insignincanl, I am conFidenl that it will add to the aesthetics, safety, and overall quality of the neighborhood in a number of ways. Of particular interest to me as Revis and I talked at length and walked our two properties, was the enyi^meiital impact on both the trees and the wetlands behind our houses. On both counts. I am of the opinion that in the end. the project will not only prove to have minimal impact in either respect, but in the case of the trees, will subsuntially improve the overall quality of the woods. While a significant number of trees will indeed be lost, the vast majority of those to be lost are low-<juality. short-lived box elders. These will be replaced with much higher-quality, longer-lived trees including maples and white pines CoiKeming the wetlands. I am comfortable with Revis' assuraiKe that his projc will maintain more than an acceptable distance from the wetlands behind our houses and will have minimal to no impact on this valuable and fragile ecosy stem. Equally as imporunt a consideration is the positive impact that the project will have on the overall safety of the neighborhood. The hill behind Revis* house and adjacent to my property is e.\ceptionaIly sleep, with an immediate and sudden drop-off behind their house. While we have strict rules for our kids about play ing near the 'fall-line* and have been fortunate that no one has been seriously injured to date, it remains a dangerous part of the neighborhood. By lessening the severity of the hill's slope, the project will dramatically improve the overall safely of the neighborhood For certain. I have j, .en significant thought to the issues involved and have Ulked at length with Revis about a number of points. He has been very open and communicative, and I have appreciated the opportunity to provide him with my thoughts and feedback. After careful considerauon. I share Pevis* opinion that the project being proposed will add substantially to the overall aesthetics, environmenul quality, and safely of the neighborhood. If any members of the Planning Commission have any questions concerning this matter, I can be reached at 932-473-7787. Sincerely. ■UN DATE It/lA/ll BAKN IAS NENNirZN COUNTY ftOTERTV INTOIHUTION SVSTCH PROfEHTV ONNEtS LIST ■fPONT NO. flASMAl PACE 9 r*OP ABM OMNEB NANE TAEPAVEB NANE/AOni SB AS-llT-ES 11 Mil •••SB ADOMSS UNASSICNED CAMILL NAC NILLAN JR ETAL LONBRIODE ASSOCIATES f 0 DOE SA21 NPtS NN SS44R-SA2S U RS-117'ES 12 RttS RARSS ADDRESS UNASSlONiO CAROIU NAC HlUAN JR ETAL LONMIOK ASSOCIATES P 0 DOM SA2S NPLS NN SSAAR-SA2S SO RS-117-2S 12 RRRS ■RRSO ADDRESS UNASSIGNED STATE or NINN DNR REAL ESTATE NONT ATTN DERRIE CURTIN SSR LAfAVETTE RD ST PAUL NN SSISS PROP ABOR OMNER NANE TAMPAVER NANE/ADOR M RS-117-2S IS MRl •aSSR BROMN RO S W P PARLEY I R 6 PARLEY WIUIAN S RATNUEN PARLEY SSt RROHN RD S LONO LAME MN S5SSS SR RS-117-2S IS RRR2 RRSRR BROUN RO S JOHN C DOUTNIT ETAL JONN C DOUTNIT StR S DRONN RD LONO LAKE NN SSSKA SB BS-I17-2S IS BtBS RIMS POM RIDOE RO RAD NACR RAVNOND N NAOt 1995 FOR RIDGE RO LONO LAME NN SSSSB PROP ABOR OMNER NAME TAMPAVER NANE/AOOR SB BS-117-2S IS BM4 •1995 POM RIDGE RD D E KIRRNAN ■ J N KIRRNAN DAVID E S JOANNE H KIRRNAN 1995 POM RIDGE RO LONG LAME NN 55S59 SB •S-117-2S IS ■••7 •1B95 POM RIDGE RO T J DAYTON • N DAYTON TOBIN J S HAE DAYTON 1B95 POM RIDGE RO LONG LAKE l« 55SSA SB •S-117-2S IS RBBB •IBS* POM RI06E RD REVIS L STEPHENSON III ET AL REVIS L STEPHENSON III 1B5B POM RIOCE RO LOND LAME m S5SS* I : PROP ABM OMNER NANE TAMPAVER NANE/AOM SB BS-IIT'IS IS BaaR •19aa POM RIOGE RO S N S E M POLANSRV STEVEN N B ELLEN M POLAIBEV 19aa POM RIDGE RD LOND LAKE NN SSSSB SB as-ii7-2s IS aaia •19Sa POM RIOOE RO 0 S PHELPS S E B PNELPS OAVIO S S ELLEN 0 PNELPS I9Sa POM RIDGE RO LONO LAKE NN SSSSB SB as*ii7-2s 19 aaai •••SB ARMESS UNASSICNED CARGILL NAC NILLAN JR ETAL LONGRIOGE ASSOCIATES P 0 DOM 5B2B NPLS NN BS49S-5B2B PROP AOOR OMNER NANE TAMPAVER NANE/ADOR TOTAL BATCH S*S •••12 #'J Applicalioa Date: M Day Dcadliac: 10/24/01 12/MAII REQUEST FOR COUNCIL ACTION NOV 2 6 2001 Cl I » or onurvj DATE: November 20. 2001 ITEM NO.: f DepartOMat Approval: Name Paul Weinberger Title Zoning Administrator Adodaislralor Reviewed:Afeada Scctioa: Zoning Iteai Description: Zoning District: ListofExliibiU *01-2731 William B. and Lynae Peterson 420 Orchard Park Road Variance Renewal RR-I A. One Family Rural Residential (S acre) A Resolution B Site Plan C Planning Report (November 13,2001) Review of Request Applicants are requesting renewal of a variance to the S acre minimum lot area requirement to permit construction of a new residence on the property located at 420 Orchard Park Road. The initial variance approval was for one year, however the property owners will not apply for a building permit until some time after the one year variance approval has expired. They do plan to build a new house next year. The proposed site plan has not changed from the 2000 approved plan. Resolution No. 4S62 had 4 additional conditions the property owners must comply with as port of the variance approval. They have completed the requirements of the resolution including resolv ing the wetland mitigation (br the driveway with the MCWD. final grading plans for tlie driveway have been approved by the City of Orono and MCWD. and property owners have entered into a Hold Harmless agreement for the driveway located within the public platted right of way. The property owners did complete construction of the driveway to the building site this year. Staff Rccomincndation: Staff recommends approv al of the application to renew the variance application Staff also notes there are no changes to the property conditions or findings made that approved the variance in 2000. Planning ComniUttou RecoMieudatioa The Planning Commission recommended approval on a vote of 6 to 0 for variances to renew the lot area variance. COUNCIL ACTION REQUESTED Motion to adopt the attached resolution renewing the variance. A RESOLUTION GRANTING A RENEWAL VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.27, SUBDIVISION 5 (B) FILE NO. 01-2733 WHEREAS. William B. Peterson and Lynae M. L. Peterson, (hereinafter "the applicants") are owners of the property located at 420 Orono Orchard Road within the C ity of Orono (hereinafter "the City") and legally described as follows: Lot 8, Orchard Paik, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to renew a variance to Municipal Zoning Code Section 10.27, Subdivision 5 (B) to permit the property to be a buildabic lot where 4.3 acres exist and 5 acres ore required for residential use; and WHEREAS, on November 1 3.2000 the City Council adopted Resolution No.4562 approN ing a variance to permit the property to be de\ eloped w ith a single family residence; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on November 19.2001, at which time ail persons desiring to be herjd concerning this application were given the opportunity to speak thereon. Minnesota: 1. 2. 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono. FINDINGS This application was reviewed as Zoning File «0 1-2733. The property is located in the RR-IA, Single Family Rural Residential Zoning District. The Orono Planning Commission reviewed this application on November 19,2001 and recommended approval of the renewnl variance by a vole of 6 to 0. Page 1 of 4 The Pianning Commission made the following findings of fact: A.The findings made per Resolution No. 4562 arc still valid and conditions on the property have not changed. The conditions ofResolution No. 4562 have been met including resolving the wetland mitigation for the driveway with the MCWD, final grading plans for the driveway have been approved by the City of Orono and MCWD. and property owners have entered into a Hold Harmless agreement for the drivewny located within the public platted right of way. The property owners did complete construction of the driveway to the building site this >ear. 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 to lot area will not adversely affect traffic conditions, light, air. nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary* to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive PUui of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission. rep«irts by City Staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLC.SIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a renewal to the variance to Municipal Zoning Code Section 10.27. Subdivision 5 (B) to permit the property to be a buildable lot where 4.3 acres exist and 5 acres are required for residential use suoject to the following conditions; Page 2 of 4 i mn 1.Aulhorilies granted by the variances run with the property not with the applicant, but are permissive only and must be exercised by application for a building pennii w ithin one year of the date of Council approval, or these \ ariances will expire on that date (November 26.2002), 2.Violation of or non-eompliance with any of the terms and conditions of the variances shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable os a misdemeanor. The undersigned applicants and owners have read, understand and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono. Minnesota at a regular meeting held on the 26th day of November, 2001. ATFEST: Linda S. Vec. City Clerk Barbara A. Peterson, Mayor Property Owners STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknow ledged before me on this 26lh day of November. 2001 by Barbara A. Peterson, Mayor of the City of Orono. a Minnesota municipal corporation and said insmunent was executed on behalf of the City. Notary Public Page 3 of 4 STATE OF MINNESOTA COLINTY OF HENNEPIN day ofThe foregoing instrument uns acknowledged before me on this , 200____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 STATE OF MINNESOTA COUNTY OF HENNEPIN On this da> of..,20__,, personally appeared before me, ____ who is personally known to me ____ whose identity I prosed on the basis of. whose identity I pros ed on the oatli'affimiation ..a credible witness and who executed the foregoing instrument, and acknossiedged that he/shc/they executed the same as his/1ier/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 knosvn to me ____ whose identity I proved on the basis of. whose identity I proved on the oath/aflirmation witness a credible and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/lheir free act and deed. Notary Public Page 4 of 4 pj Site Plan r:aaS-a-.• •••• 3 "\ \ ^ \ ‘i—*—u,i...u4, ’t H 11 1 ill I' \ \ 1 I I I I I 1 I I rr/r M^aioSSS>y^ MNMMW eoutrr. ynmsoTA, wrv*if (• M« ncart fttt »wmt • denotes iron monument lownd O denotes Iron pipe set ond morked R L S. No. 14343 • denotes so4 bdrlnq O denotes percoioUon lest Note Requested By: Bill Peterson Dote Drovn By:Seote;Checked 0y jm 9/n/oo D.NM r-50* murnm*^ ■■ev SM m* •( o*n?^Job No. 0500 #2626 1 AppUcatioa Dace: lO/24/Oi M Day DcadMac: 12/21/tl TO: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Paul Weinberger. Zoning Administrator/Planner DATE: November 13.2001 SUBJECT: «0 1-2733 William B. and Lynae Peterson 420 Orchard Park Road Variance Renewal - Public Hearing Zoaiag Dbirkt: Lot Area: LblofEihibits: RR-IA One Family Rural Residential District (S acre) 4.34 acres A Application B Plat Map C Resolution No. 4562 D Staff Report (November 8.2000) Application Summary: Applicants are rei(ucsting renewal of variance to the 5 acre minimum lot area requirement to permit construction on the property located at 420 Orchard Park Road. The initial variance approval was for one year, however the property owners do not intend to request a building permit until the one year approval has expired. They do plan to build the new house sometime nc.\l year. The proposed site plan has not clianged from the 2000 approved plan. Resolution No. 4562 had 4 additional conditions the property owners must comply with as part of the variance approval. They have completed the requirements of the resolution including resolving the wetlatKl mitigation for the driveway with the MCWD, final grading plans for the driveway have been approved by the City of Orono and MCWD. and property owners have entered into a Hold Harmless agreement for the driveway located within the public platted right of way. The property owners did complete construction of the driveway to the building site this year. Staff Recommendation: Staff recommends approval of the application to extend the variance application deadline and forward the application for review to the City Council on Monday. November 26.2(X)I . #2 ^ O O/O ^ oo CITY OF ORONO - VARIANCE AFPLICATION Initial Application Fee S2S0.00 (S50.00 per each additional variance) Renewal Variance Fee SI50.00 (no change from onginal application) Variance for non-conforming structures S2S0.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION , / / Site Address Vjf/7 Dfrl'Xi^ L^rlc Property Identification Number (P.l D.) Applicalioa tt Oh Z73 S Date Received M- 7«V-0/ AaKMial Paid Attach legal description to apf^cation if not included on required survey. Date Prope rty Acquired iVr ‘pgg/1__________________(raomhyear) 1 (do) igoi^Ylso own the adjacent parcels of 1^ Present use of properK^^___residential jy^^er (specifi) _________ Zoning District: ^2.- I A___________________________________________ APPLICANT Name Address: S3K Phone (home ) < / Phone (work ) . m\i lL)c.>r4i^ Citv:7yy«pLt nviVC, Zip: / OW'NER (if different than applicant) Name Address: Phone (home)_ Phone (work)_ City:. DESCRIPTION OF REQUEST Ertimated Construction Cost S A/ Describe request in dcla^: (^PpriViTlI \rAinm\ci )/\^ (attach additional sheets if necessary) aria;X-'VARHNCES REQUIRED Lot Area ___Lot Width ___Hardcover Lot Coverage Setback:Front Side Rear Average Lakeshore .Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusuesenoe undue hardship or practical diffictufy or unusipl prope rty conditiims preventing compliance with Zoning requirements!"77t^ pifTTViW Cl^ w\ fawanh Bfidifimiil rhaaii ifninifsai;») "uu- /of 3<x> ft at CU\A r’ioslp.opef4vV(('*J ftJL-lA d\iVvtA'. fpnepln County Taxpayer Services Parcel Information Parc«l ID 321182 Houm Number 420 StTMt Hmmrn ORCHAIIO PARK RO -V- It-rJ Jhiaianol*laga»yncom»dnwft.llmpnttniMacon^»tttonenntommllon,' •nd data from Ofy. County, and Stala road mMtoftiM and olharBouitm. m GlTYof ORONO RESOLUTION OF THE CITY COUNCIL NO. ■> A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.27, SUBDIVISION 5 (B) AND DENYING VACATION OF PLATTED RIGHT-OF-WAY FILE NO. 2626 WHEREAS, William B. Peterson and Lynae M. L. Peterson, (hereinafter "the applicants") have an Interest in and Stephen D. Towle and Janet Gilbert are owners (hereinafter “the owners") of the property located at “420" Orono Orchard Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 8. Orchard Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.27, Subdivision 5 (B) to permit the property to be a buildable lot where 4.3 acres exist and 5 acres are required for residential use and the applicants have requested vacation of platted right-of-way; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on October 16, 2000, at which time all persons desiring to be heard concerning this application were given the opportunit}' to speak thereon. Minnesota: . I. 2. NOW, THEREFORE, BE IT RESOL\XD by the City Council of Orono, FINDINGS This application was reviewed as Zoning File ^'2626. The property is located in the RR-IA, Single Family Rural Residential Zoning District The Orono Planning Commission reviewed this application on October 16,2000 and recommended approval of the lot area variance by a vote of 6 to 0. The Planning Commission made the following fuKlings of fact: Page 1 of S CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. 4 K R ^ A. The lot is similar m design and dimension to all lots witMn the plat of Orchard Park. B. The property meets the minimum lot uidth standard for lots in the RR-1A district. C. The property does not have direct access to a developed public road. Access to Orchard Park Road would be via a 33* \%idc platted right-of-way that was dedicated within the plat of Orchard Park. D. A lot combination has been completed on the lots located to the north of and surrounding the subject property. The total land area of those lots is approximately 23 acres (Lots 5,6, 7,9,10 Orchard Park). The eastern lot, located north of the subject propert)', does not have access to a public road. The only potential access that exists is through the 33 ’ right-of-way that is proposed for vacation. E. The plat of Jacobs Mill, completed in 1999, is east of the plat of Orchard Park. No access to Jacobs Mill Road would be available due to a large wetland located on Lot 6. F. Two suitable septic site designs have been submitted by the applicants and have been approved by the On-Site Systems Manager. 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 to lot area w ill not adversely affect traffic conditions, light, air, nor pose a fire hazard or other danger to neighboring propert)-; w'ould not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficult)" 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 Cit)-. Page 2 of 5 GITYofORONO RESOLUTION OF THE CITY COUNCIL NO----------------------------- The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicant and the effect of the proposed variance on the health, safety and we! fare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above fmdings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.27, Subdivision 5 (B) to permit the property to be a buildable lot where 4.3 acres exist and 5 acres are required for residential use and the denial of the requested vacation of platted right-of-way. Variance approval is subject to the following conditions: 1.Applicant shall receive approval from the MCWD for the land alteration within a wetland. 2. 3. Final Grading Plan for the driveway shall be approved by the City of Orono. Septic Sites shall be enclosed with a four foot orange snow fence prior to land alteration and grading on the lots as required by the On-Silc Systems Manigcr. Applicant shall enter into a Hold Hanr.less Agreement with the City of Orono for the private driveway within the public right-of-way and agree that others requesting use of the public land within the 33’ platted public right of way are permitted for access purposes to adjacent properties, subject to review by the City Public Services Director. Authorities granted by the variances run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit w iihin one year of the date of Council approval, or these variances w ill expire on that date (November 13,2001). Violation of or non-compliance with any of the terms and conditions of the variances shall constitute a violation of the zoning code, shall automatically terminate any au*t;orit>’ granted herein, and shall be punishable as a misdemeanor. The undersigned applicants and o'-ners have read, understand and hereby agree to the terms of this resolution and O'l behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Page 3 of 5 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 H fi V_ Adopted by the City Council of the City of Orono, Minnesota at a re,, -u the 13th day of November, 2000. ATTEST: ’*eting held on ' • / // Linda S. Vee. City Clerk Property Ov^ner Gabri^ .labbour, MayoK,^ 'Owner Applicant STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrtunent was acknowledged before me on this 13th day of November. 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 execut^ on behalf of the CiQr. IN JOHNSON 1 UC-IMCSOTA I C^iiOl.W5 I m*') I......... Notary Public ~~7 MARY ANN JOHNSON motaay ^auc . la sT/froniMinEsuE ) ss. COUNTY OF HENNEPIN ) On this 2/ S>~f day of e . 20 .before me a Notary Public within and for said County, personally appeared W: ma A -P(y•^g known to me to be the person(s) dcKribed in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) fm act and deed. Notary Page 4 of 5 m M CITYofORONO RESOLUTION OF THE CITY COUNCIL no._458J1_ STATE OF MINNESOTA ) ) M. COUNTY OF HENNEPIN ) On this day of D<f c € . 20_££_, before me a Notary Public within and for said County, personally appeared H> 'T’c^ulf^. rt)a »ett: ^Ji known to me to be the person(s) described in and who exc''’"ed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) fre act and deed. MARY ANN JOHNSON NOTMy PIKJC MMCSOTA Q,jyJ Notary Public c.'-'' STATE OF MINNESOTA ) ) M. COUNTY OF HENNEPIN ) On this day of f rv> j)r^ . 2 0 co . 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. MARY A1:N JOHNSON notary puauc.iPRCsi 1% OMOTMon Eipta Jml 31.2D0S Notary Pimlic / STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this,7-7oL day of for said County, personally appeared LjJi\a P m- /, before me a Notary Public within and f*eknown 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 Page5of5 1-^ iRjWH uiir Applicmtioa Date: 60 Day Dcadliac: 9/18AM 11/17/00 REQUEST FOR COUNCIL ACTION DATE: November 8,2000 ITEM NO.: Department Approval: Naaie Paul Weinberger Tide Zoning Administrator Administrator Rev iewed:Agenda Section: Zoning Item Description:M2626 W'llliam B. and Lynne Peterson 420 Orchard Park Road Variance and Vacation of Plaited Road - Public Hearing Zoning District: RR-IA One Family Rural Residential Disirict (5 acre) Lot Area: 4 34 acres UstorEihibiU: A Resolution B Site Plan C Planning Report Applicatioa Snmmary: A) The applicants have requested approval of a variai ce to the S acre lot area requirement to permit construction of a new residence on the property. Ilte property is a vacant parcel without direct access to a road. Access to the property would be via a 33' platted right-ol-way that would be used for driveway access to the property. Exhibit B is a plat map illustrating the proposed location of the driveway and the building lot. B) Applicants also request vacation of a portion of the platted right-of-way that would not be used for driveway purposes. Variance: The variance requested is to permit the lot located at 420 Orchard Park Road to be considered a buildable lot that does not meet the 5 acre minimum lot size for the RR-1A zoning district. The lot is 4.34 acres in size but does have 300* of w idth at the defined front lot tine. By definition the front lot line is the east property line. Front property lines are defined as "That boundary of a lot which abuts an existing or dedicated public street, and in the cose of a comer lot it shall be the shortest dimension on a public street.'* Because the property is adjacent to a dedicated public street, although undeveloped, the shortest of the two property' lines adjacent to the dedicated right-of-way is considered the front lot line for zoning purposes. J B. Vaoifion: Exhibit B shows the area of the public right-of-way that is requested to be vacated by the applicant The vacation w ould benefit the applicant in two ways. The vacation would increase the size of the applicant’s property by over 31,000 s.f. creating a lot of 5 acres. The lots within the plat of Orchard Park average 4.8 acres in size. The 33' dedicated for public right-of-way adjacent to each lot is the additional land required for the lots to meet the 5 acre lot requirement. Secondly, vacation of the right-of-way would eliminate the possibility of a driveway or road being routed around the property. Staff has reviewed the vacation request and would recommend the right-of-way not be vacated until the property’ to the north develops and access has been secured to the other land locked properties. Plaa»ln| Commission Recommendation: The Planning Commission recommended approval of the variance to permit the lot to be considered a buildable lot, and recommends denial of the request to v acate the public right-of-way . Staff Recommendation: Suff recommends approval of the application for a variance approving a lot area variance for the property based on the hardship noted above subject to the following condtions: 1. Applicant shall receive approval from the MCWD for the land alteration within a wetland. 2. Final Grading Plan for the driveway shall be approved by the City of Orono. 3. Septic Sites shall be enclosed with a four foot orange snow fence prior to land alteration and grading on the lots as required by the On-Site Systems Manager. 4. Applicant shall enter into a Hold Harmless Agreement with the City of Orono for the private driveway w ithin the public right-of-way and agree that others requesting use of the public land can share a driveway if required. Staff is recommending denial of the .equest for vacation until such time the property to the north develops and legal access would be secured to all properties. COUNCIL ACTION REQUESTED: Motion to adopt the resolution approving a variance to the RR-IA lot area requirements and denying the request to vacate the p- Mic right-of-way. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10J7. SUBDIVISION 5 (B) AND DENTING VACATION OF PLATTED RIGHT OF WAY. FILE NO. 2626 WHEREAS, William B. Peterson and Lynne M. L. Peterson, (hereinafter "the applicants") have an interest in and Stephen D. Towle and Janet Gilbert arc owners (hereinafter ‘the owners”) of the property located at ”420" Orono Orchard Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 8, Orchard Park, Hennepin County, Minnesota (hereinafter "the property"): and WHEREAS, the applicants have applied to the City for a variance to .Municipal Zoning Code Section 10.27, Subdivision 5 (B) to permit the property to be a buildable lot where 4.3 acres e.xist and 5 acres are required for residential use and the applicants have requested vacation of platted right of way; and WHEREAS, after due published notice and mailed notice in accordance v%iih Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on October 16. 20(X). at which time all persons desiring to be heard concerning this application were given the opponunity to speak thereon. Minnesota: 1. 2. NOW, THEREFORE, BE IT RESOL\XD by the City Council of Orono. FINDLNCS This application was reviewed os Zoning File K2626. Tlie property is located in the RR-IA. Single Family Rural Residential Zoning District. The Orono Planning Commission reviewed this application on October 16.2000 and recommended approval of the lot area \*ariance by a vote of 6 to 0. The Planning Commission made the following findings of fact: Page 1 of S i A. The lot is similar in design and dimension to ail lots vsithin the plat of Orchard Park. B. The property niccls the minimum lot width standard for lots in the RR-IA district. C. ITic propert)’ docs not have direct access to a developed public road. Access to Orchard Park Road would be via a 33’ wide platted right-of-woy that was dedicated within the plat of Orchard Park. D. A lot combination has been completed on the lots located to the north of and surrounding the subject property. The total land area of those lots is appro.ximately 23 acres (Lots S. 6. 7.9. 10 Orchard Park). The eastern lot. located north the subject property, does not have access to a public rood. 1he only potential access that exists is through the 33' right of way that is proposed for vacation. E. The plat of Jacobs Mill, completed in 1999, is east of the plat of Orchard Park. No access to Jacobs Mill Road would be available due to a large wetland located on Lot 6. F. 1 wo suitable septic site designs have been submitted by the applicants and have been approved by the On-Site Systems Manager. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance to lot area will not adversely affect traffic conditions, light, air. nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessaiy to alleviate a demonstrable hardship or ditTiculty; 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. Page 2 of 5 6. The Cit>' Council has considered this application including the Hndings and recommendations of the Planning Commission, reports by City Staff, comments by the applicant and the effect of the proposed variance on the health, safely and \selfarc of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.27, Subdivision S (B) to permit the propertv' to be a buildable lot where 4.3 acres exist and 5 acres are required for residential use and the denial of the requested vacation of platted right of way. Variance approval is subject to the following conditions: I. Applicant shall receive approval from the MCWD for the land alteration within a wetland. 2. Pinal Grading Plan for the driveway shall be approved by the City of Orono. 3. Septic Sites shall be enclosed with a four foot orange snow fence prior to land alteration and grading on the lots as required by the On-Site Systems Manager. 4. Applicant shall enter into a Hold Harmless Agreement with the Cit>' of Orono for the private driveway w ithin the public right-of-way and agree that others requesting use of the public land can share a driveway if required. VW 5. Authorities granted by the variances run with the property not w ith the applicant, but are permissive only and must be exercised by application for a building permit w iihin one year of the date of Council approval, or these variances will expire on that date (November 13, 2001). 6. Violation of or non-compliance with any of the terms and conditions of the variances shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicants and owners have read, understand and hereb>* agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Page 3 of 5 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 13th day of November. 2000. ArrUST: Linda S. Vec, City Clerk Gabriel Jabbour, Mayor Property Owner Property Owner Applicant Applicant STAl E OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of November. 2000 by Gabriel Jabbour and Linda S. Vec. Mayor and City Clerk of the City of Orono. a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Notary Public On this day of. for said County, personally appeared , before me a Notary Public within and ________________________known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 4 ofS STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this.day of...20 for said County, personally appeared 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 ledgcd 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.-.20_ for said County, personally appeared before me a Notary Public w ithin and ______________________known to me to be the pcrson(s) described in and who executed the foregoing instrument. ar>d 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 _ for said County, personally appeared before me a Notary Public within and ______________________known to me to be the person(s) described in arxl who executed the foregoing instrument, and acknowledged that he (they) execu:7d the same as his (their) free act and deed. Notary Public PageSof 5 , A CCTIlAltON OF If/OinttTION t rj:,, fa.MiT. i!j> '.JAIE .. .....f, .. a at.x? " *'■•"5. Applkutioa Dale: 9/18/00 MDayDcadliac; P./I7/00 TO:Chair Hawn and Orono Planning Commission Members Ron Moorsc, City Administrator FROM: DATE: Paul Weinberger, Zoning Administraior/PIanner October 11.2000 SUBJECT: #2626 William B. and Lynne Peterson 420 Orchard Park Road Variance and Vacation of Platted Road - Public Hearing Zoaiag District: Lot Area: RR-IA One Family Rural Residential District (5 acre) 4 J4 acres List of Exhibits: A B C D E F G H Application Plat Map Wetland Overlay Map Property Sur>’ey/Sitc Topography Grading Plan Septic Locations Memo from Chris Pence. On-Site Systems Marugcr - Approving Site Design Property Owners Notiftcation List Application Summary: The applicants have requested approval of a variance to the 5 acre lot area requirement to pemiit construction of a new residence on the property. The property is a vacant parcel without direct access to a road. Access to the property would ^ via a 33' platted right-of-way that would be used for driveway access to the property. Exhibit B is a plat map illustrating the proposed location of the driveway and the building Iol Applicants also request vacation of a portion of the platted right-of- way that would not be used for driveway purposes. Other approvals required before building permit: I 2. Septic Design for primary and secondary sites - Approved - City of Orono Land alteration w ithin a wetland - MCVVT3 (Small wetland basin docs not appear on the City of Orono ’s 1974 Wetland Inventory). May require permit from the MCWD. Grading Plan for the driveway - City of Orono •2626'AiUwaB nd L)nac PctOMi 420 OrchvdPaik Road Viruncc and VacttMxt of PlMcd Rood P^l VarUncc: The variance requested is to permit the lot located at 420 Orchard Park Road to be considered a buildable lot that does not meet the 5 acre minimum lot size for the RR-1A zoning district. The lot is 4.34 acres in size but docs ha\ t 300* of width at the defined front lot line. The front lot line would be the cast property line. Front property lines arc defined as “That boundary of a lot which abuts an e.xisting or dedicated public street, and in the case of a corner lot it shall be the shortest dimension on a public street.’* Because the property is adjacent to a dedicated public street, although undeveloped, the shortest of the two property lines adjacent to the dedicated right-of-way is considered the front lot line for zoning purposes. Vacalion: Exhibit B show s the area of the public right-of-w^y that Is requested to be vacated by the applicant. The vacation would benefit the applicant in two ways. The vacation would incrca.se the size of the rqjplicant ’s property by over 31.000 s.f. creating a lot of 5 acres. The lots within the plat of Orchard Park average 4.8 acres in size. The 33* dedicated for public right-of-way adjacent to each lot is the additional land required for the lots to meet the S acre lot requirement. Secondly, vacation of the right-of-way would eliminate the possibility of a driveway or road being routed around the proper»v. Staff has reviewed the vacation request and would recommend the righ.- of-way not be vacated iLuil the property to the north develops and access has been secured to the other land locked properties. Surrounding Properties: i lot combination has been completed on the lots located to the north of and surrounding the subject property. Tlie total land area of those lots is approximately 23 acres (l ots 5,6, 7, 9, 10 Orchard r ark). Although unlikely, a lot could be split leaving a property north of the subject lot w ithout any *«ccess to a right-of-w ay except the 33’ dedicated on the plat of Orchard Park. The plat of Jacobs l.lill, completed in 1999, is east of the plat of Orchard Pari;. No access to Jacobs Mill Road w ould X available due to a large wetland located on Lot 6. 'fhe connection to the north would not be possible. The applicant has stated he would be willing to dedicate an easement in favor of property to the north creating a shared driveway across the 420 lot for access to Lot 7 as a condition of the right-of-way vacation. Proposed Grading Plan: The grading plan shall be approved by the City’ and MCWD prior to issuing a land alteration permit for the drivew’ay. No building permit could be approved for the house until such time the driveway is constructed and approved by the City and MCWD. The NWI shows a small wetland basin in the *2626 Wiltm B tni Lynne taenon 420 Ortlkinl Part Ro«l Variance and VacaliiM of Planed Road Pa«e2 area where Ihc driveway is proposed. A site inspection has confirmed the wetland location by the types of vegetation present (several willow trees). If the area in fact is a wetland WCA rules and regulations apply for a permitting process and mitigation through the watershed district Hardship: The property has existed as a separate parcel for many years. The property is 4.34 acres in size and is sized similar to other lots in the localit}-. The lot width measures 300* at the front property line and structure setback (east property line) for lots in the RR-1A district Stair Rcc(idaltoa: Stair recommends approval of the application for a variance approving a lot area variance for the property based on 'he hardship noted above subject to the following condtions: 1. 2. 3. Applicant shall receive i^iproval from the MCWU for the land alteration within a w*etland. Final Grading Plan for the driveway shall be approved by the City of Orono. beptic Sites shall be enclosed with a four foot orange snow fence prior to land alteration and grading on the lots as required by the On-Site Systems Manager. Applicant shall enter into a Hold Harmless Agreement with the City of Orono for the private driveway within the public right-of-way and agree that others requesting use of the public land can share a driveway if required. Staff is recommending denial of the request for vacation until such time the property to the north develops and legal access would be secured to all properties. Opticas for Actkta : 1. Recommend approval. 2. Recommend denial, staling reasons 3. Table. 4. Other action. *2626 Willitm B nd L>vw Fetmoa 420 OtchaidPvfc Road VwiMH «Dd VacaUM of Plaocd Road Par3 I CITY OF ORONO - VARIANCE APPUCATION 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 Afrer-the-Fact Fees (Double application fee) AnoUaBoo * C.C’ Date KcnKcd «7 Amount Paid ^ ROPERTY INFORMATION Site Address Lg4- 9 Z__________________________ Property Identification Number (TJ.D.1 3^ * 1/f * T.3 2 S ‘ ' Attach legal description to application if not included on required survey. Date l^peity Acquired 'toGO —^(monih/ycar) I also own me^adjacent parcels oT land ^ PrScfrtuscw property; residential y other (specify) ------------------^ 4' ^ Zoning District: C.(L~\A applicant Phone (home) ^iz. - Name y y U fi. U>Yl^d4 L. Phone (work) ^/\ - / Address •/! City: -------Zip:__^20iL—. * OWNER (if different than applicant) (home) — ) Name fr.T.iu/e "Phone (work) ^ Addres7\g^Q .S4-. City: Qt„igia -------------Zip:—SS2l]—-x DESCRIPTION OF REQUEST Estimated Construction Cost $ /^A-------------'i Describe request in detail: fleaic fee. 4k.# __,fau»tih4/.y----------- (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area _Lot Width Setback: __Front ___Side Hardcover Rear Lot Coverage Average Lakesbore ^ Other (specify) fWi#, ^Ua/U^ ciABWi»A/y_ VRDSHIP/DESCRIPTION OF UNUSUAL PROPERlY cui>ui Describe undue hardship or practical difBculw or unusual property conditions preventing compliance with Zoning Code requirements: pianta. sat- V^i ' ‘f- (attach additional sheets if necessary) Iliii ! L • A KEccneo vtf n . , A Of l?/0^^alION ; f.rt.iTY, i’O 'UI£ .... o ct.w w ALTA/ACSM Land Title Survey MM» m tMACmS.1} «• =j. Site Plan \ \ \ ^ n 'Ti } \ \ \ ' l lh\:\ A ~~ —-------------_ \ \ \ \ \ * ' !>*'• m9om9 fU>*«M iMit /w • m^o^ faaM 99 90 *0 %9*9 M • mim tm 90 tmm ta* • mmm 99 90 099 ^ - mmm •In '- ‘l '^ * I ' > ' * 'i ■f'.^ N ’i H t I 1 \ I I \ \ \ I I I > . I I I rr 7i' MOTDtrr (ocinov(•• « OKHMO PAm, Mfmtmt coutn, $m0€SOtA 9€tmr0n$ !• IM imm4 f*»t lAmmt • «(«not«« iron moog«n«nl found O d«not«t iron pipA Ml ond nwtiod R.LS. No. 14343 9 dtnolo* toil bofinf O donolM porroiotion lt(< bol« Roquottcd By Bill Peterson Dola.Oroan By:Scoio.Ch«cli«4 Bjr. >t 9/n/oo D.N.U.r^so' J^JOTK^^SS^S^ 90m ^ 09900 mmmrnm mt M I «n • 00^9994 P*09mm0 mrnm 0m 9m9 «l 9m #2 Jct> No. 0500 Paul Weinbcfger, 2jaeki% Administntor/Planoer Chris Pence. On-SUe Systems Manager TO: FROM: DATE: October 10. 2000 SUBJECT: Septic Review for Bill Peterson. Lot 8. Orchard Park A septic design was submitted for the above stated property. The design is dated September 29. 2000 and was done by Otto and Associates. The design meets all minimum requirements of the Orono Septic Code and Minnesota Chapter 7080. It should be noted that the design is oversized for what is required in Orono. If the installer wishes to downsize the mound to meet the minimum standards of Chapter 7080, another design will need to be submitted and approved by the City. Based on the above information, staff recommends approval of the variance. The City requires the drainficld sites to be enclosed with four foot orange snow fence prior to any grading or land alteration on these lots mm MTI 99/12/W MICN StS IKMKPIN COUNTV PMPtRTV IlirOMMTlOII SVSTEH fOTPUTV ONMin LIST airOtT NO. PI4SMI1 PAM 7 OMNIR NMK TARPAVIR NAM/AOM M U-11R-3S n RRRA •MM AROnSS IMASSISNIR STIPNm ■ TOMLI RTIPMm D TOMLI SllS PIMIACLf OR OLOaMAO 7L MA77 U U-11R-2S » •••• ••••• ORCNARO PARK RO ROOIRT J • LORRAINI E ROOCN ROMRT J ■ LORRAINE E ROREN AA« ORCNARO PARR RO LONB LARH« MSM M S2*I1R-2S 24 till •3741 JACORS RILL RO R A ARARR SLR AOARR RRARLEY ALLEN AOARS LVMI HARIE ARAMS •3* SILVER REASON OR LORO LAKE RN SSSS4 PROP AOOR OMNIR NAME TAMPAVIR HARI/ASRR 3A 32-1IR-23 24 AtlE •347S JACORS RILL RO JirrMV R • RARl A ANENT JIPPRfV R 1 KARI A AMENT 4*1 1ST ST S R1C13 NPLS HN SS4fl SA 32-11S-23 32 ••■! •544( NATERTONN RO JCrPREV V HILIM JirPRET V RILIM SMS NAnOTOHN RO NAPU PLAIN IM 553SV M S2*lia-23 32 •••! •MS9 NATERTONN RO S N • C A NARRU STEVEN R NARRIS SOS TURMAN RO MAPLE PLAIN RN SSSS9 PROP AROR OMNIR MARE TAMPATIR TOTAL RATCN MS RRRS4 I CirrXFV TNAT THE FACTS RfPRESfRTIS AM AM ACCURATE AM TRUE RIPRISCMTATtRH OF tHFORRATlOH AS XT APPEARS TMXS OATS RM TNE RECORRS OF TNE NEMMPIN COIRITT MPARTMEMT OF PRRPEtTT TARATIOH, TO TNE REST OF Py RNONLEOM ANO MLXIF. ^ 1 I ax n X i OATS A RESOLUTION GRANTING OF VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (A); SECTION 10.03, SUBDIVISION 9 (D); SECTION 10.03, SUBDIVISION 9 (C) (3a); AND SECTION 10.03, SUBDIVISION 14(D) FILE NO. 01-2733 WHEREAS. Margie Newlon. (hereinafter "the applicant") is owner of the property located at 505 Orono Orcltord Road within the City of Orono (hereinaOer "the City") and legally described as follows: Lot 6, Block I. Rokesh rarm. Hennepin County. Minnesota (hereinafter "the property"); and WHEREAS, the applicant lias applied for a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (A) to permit an accessory building (bam’ *o remain on the propeny absent a principal residential structure and to permit a 620 s.f addition to the bam; Section 10.0.^. Subdivision 9 (L / to pemiit the bam to be located closer to the front property line than the principal building; Section 10.03. Subdivision 9 (C) 3a to permit an oversized accesst^iry building to be located closer to I front property line than the principal building; and Section 10.03. Subdivision 14 (D) to pemiit u riding arena (paddock) to be located closer to the front property line than the principal residential building; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Ccinmission held a public hearing on November 19.2001. 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. 1. FINDINGS This application was reviewed as Zoning File #01-2734. Page 1 of 7 1 2. The property is located in the RR-IA. Single Family Rural Residential Zoning Dis’rict. 3. The Orono Planning Commission reviewed this application on November 1 9.200 1 and recommended approval of variances by a vote of 7 to 0. 4. 'I'he Planning Commission mode the following findings of fact: A. Horses ore a permitted accessory use in the RR-IA district. The minimum setback for a private bom from any lot line is 75'. The minimum setback from adjacent residences is 1 ^0*. The bam location meets standards required for special setback rcgulati that apply to pri\ ate bams and stables. B. The property was part of the recent 6 lot plat of Kokesh Farm. This lot is a record lot meeting minimum lot width and lot a<ca requirements for the zoning district. C. In November, 2001 the City of Orono issued a demolitiop oemrit and the old non-conforming hou.se and garage were removed. The house was non- conforming because it was located within the 100 ’ front yard setback. D. A 50* pasture easement is located over the south 50' of this property. The casement was recorded by the developer of Kokesh Farm and is for pasture use by the propery owiicr to the south. The proposed dc\ elopment does not impact the 50' easement. E. The proposed house location meets all required setbacks. The house was located to take advantage ofe.xisting topography for a walkout and to locate the building a greater distance from the street. F. New soil testing and septic design has been submitted by the property owner and approved by the City On-Site Sy stems Manager. The final septic design is for a 4 bedroom house but could be expanded to a 5 bedroom if needed. O. The proposed outdoor riding area (paddock) is located in the front yard aad is located in on area that is near the bam and is suitable for pasture purposes. Page 2 of 7 H.The bam is proposed to be appn>ximately 1,700 s.f. in size. The Municipal Code permits one oNcrsizcd accessory’ building on a lot subject to the condition th ouilding meets all a'quired principal building setbacks and property owmrr shall agree to covenants that state: a) No future subdivision will be approved that places the structure within a lot that has no principal structure, except that the City in its subdivision approval may grant a finite time period in which the oversized acccssorv ’ structure may remain without a principal structure, in ord**r that a principal stmctuie may be constructed. At the end of this time period the oversized accessoiy structure must be removed if no principal structure has been constructed. b) If the property is subdivided, the oversize accessory structure and principal structure will be located together within a lot that meets the minimum lot area requirement for tlie given size of accessor)’ building. c) In subdivision appioval. the setback required for the oversize accessory structure os defined herein shall remain. The City Council finds that the conditions existing on this property are i>eculiar to it and do not apply generally to other property in this zoning district; that granting the variances will not adversely aflect trafllc conditions, light, air. nor pi>se a fire hazard or other danger to neighboring property; would not merely serve as u convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty: is necessary to preserv e a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicant and the effect of the proposed variance on tlic health, safety and welfare of the community. Page 3 of 7 .-k is located in the RR-IA, Single r-amily Rural Residential Zoning lanning Commission reviewed this application on November 19.2001 nded approval of variances oy a vole of 7 to 0. Commission made the following findings of fact: s arc a permitted accessory use in the RR-1A district. The minimum :k for a private bam from any lot line is 75’. The minimum setback idjacent residences’s 1 ^0'. The bam location meets standards required ccial setback regulaii that apply to private bams and stables. ropcrly was part of the recent 6 lot plat of Kokesh I'ami. This lot is a I lot meeting minimum lot width and lot area requirements for the I district. ■ ember. 2001 the City of Orono issued a demolition permit and the old tnfomiing house and garage were removed. The house was non- ming because it was located within the 100' front yard setback. pasture easement is located over the south 50’ of this properlv. The enl was recorded by the developer of Kokesh Farm and is for pasture the proper) owner to the south. 1 he proposed development docs not t the 50’ easement. oposed house location meets oil lequired setbacks. The house was I to take advantage of existing topography for a walkout and to locate ilding a greater distance from the street. )il testing and septic design has been submitted by the properly owner proved by the City On-Site Systems Manager. The final septic design 4 bedroom house but could be expanded to a 5 bedroom if needed. jposed outdoor riding area (paddock) is located in the front yard a^d ed in an area that is near the bam and is suitable for pasture purposes. Page 2 of 7 H. The bam is proposed to be approximately 1,700 s.f. in size. The Municipal Code permits one oversized accessory building on a lot subject to the condition th ouilding meets all required principal building setbacks and property owner shall agree to covenants that slate: a) No future subdivision will be approved that places the structure within a lot that has no principal stmeture. except that the City in its subdivision approval may grant a finite time period in which the oversized accessory' stmeture may remain without a principal stmeture. in ord ‘;r that a principal stmeture may be constmeted. At the end of this time jKriod the oversized accessory stmeture must be removed if no principal structure has been constructed. b) If tlie property is subdivided, the oversize accessory structure and principal stmeture will be located together within a lot ‘that meets the minimum lot area requirement for the given size of accessory building. c) In subdivision approval, the setback required for the oversize acce.ssor\ stmeture as defined herein shall remain. ITie City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the vanances will not adversely affect traffic conditions, light, air, nor pose a fire hazard or other danger to neighboring property; would not merely serv e as a convenience to the applicant, but is necessary- to allcv iate a demonstrable hardship or difficulty is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the The City Council has considered this application including the findings and rwommcndations of the Planning Commission, reports by Ciiv Staff, conunenis by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Page 3 of 7 ih / . •<, -■■I- f ... ■<v\ ■ ■ -■'1^ ' ■ m . '• tr'- Car •mvifc.v-..;. CONCLUSIONS, ORDER, AND CONDI I IONS Based upon one or more of the above findings, the Orono Ciiy Council hereby grants variances to Municipal Zoning Code Section Section 1 0.03, Subdivision 9 (A) to permit an accessory building (bam) to remain on the property absent a principal residential structure and to permit a 620 s.f. addition to the bam; Section 10.03, Subdivision 9 (D) to permit the bam to be located closer to the front property line than the principal building; Section 10.03. Subdivision 9 (C) 3a to pcmiil an oversized accessory building to be located closer to the front property line than ihe principal building; and Section 10.03, Subdivision 14 (D) to permit a riding arena (paddock) to be located closer to the front property line than the principal residential building subject to the following conditions: 1 . The property shall be developed in confomiance w ilh the site plan attached hereto as E.xhibit A. 3. The property owner signs and agrees to filing an oversized accessory structure restrictive covenant subject to the restrictions as stated in the Municipal Code. Authorities granted by the variances mn with the property not with the applicant, but arc permissive only and must be e.xerciscd by application for a building permit w ithin one year of the date of Council approval, or these variances will expire on that date (November 26.2002). Violation of or non-compliance with any of the terms and conditions of the variances shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable os a misdemeanor. The undersigned owTier has read, understands and hereby agrees to the tcmis of this resolution and on behalf of herself, her heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Page 4 of 7 Adoplod by the Cily Council of llie City of Orono, \tmncsoUi at a regular meeting held on the 26lh day of November. 2001. ATTEST: Linda S. Vee. City Clerk Barbara A. Peterson, Mayor Property 0\^^lcrs STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 26th day of November. 2001 by Barbara A Peterson. Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was cxu'utcd on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this ________ day of _____________. 200 ____by Linda S. Vee, City Clerk of the City of Orono. a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 7 STATE OF MINNESOTA COlfNTY OF HENNEPIN On this day of _.20 personally appeared before me. ____who is personally known lo me ____whose identity I proved on the basis of. _,a credible____ whose identity I proved on the oath/affirmation____________ 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. a credible____ whose identity I proved on the oath/affirmation____________ witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the some os his/her/their free act and deed. Notary Public Page 6 of 7 cm' OF ORONO COVENANT FOR OVERSIZED ACCF.SSORY STRUCTURE THIS COVENANT, made and entered into this ,20__.by _____ day of ____________________ _______________________________(single), (hereinafter referred to as "Applicanl") and the City of Orono. a Minnesota municipal corporation (hereinafter referred to as the "City"). WITNESSETH; WHEREAS, Applicant has made application to the City for an accessor) structure on property in Hennepin County. State of Minnesota, legally described os: Lot 6. Block 1. Kokesh Farm, Hennepin County. Minnesota (hereinafter referred to as "Subject Property"); and WHEREAS, City staff has reviewed Applicant’s application and have found that the structure requested is defined within Section 10.03. SubUi\ision 9 (C) of the Orono Municipal Code us on Oversized Accessory Structure ("OAS"); and WHEREAS, Applicant is aware that according to Section 10.03, Subdivision 9 (C)(3)(c). specific c»>nditions e.xist for an allowable OAS; and WHEREAS, Section 10.03, Subdivision 9 (C)(3)(c) allows issuance of a permit for construction of the subject OAS conditioned upon the execution of this Covenant and its filing in Applicant's chain of title; and WHEREAS, in order to identify all parties within on interest in the subject property, the .^pplicant is required to provide title information to City staff as requested. All parties with an interest in this property shall sign this covenant. NOW, THEREFORE, THE PARTIES TO THIS COVENANT AORKE TO THE FOLLOWING: 1. Applicant's request for one (I) Oversized Accessory Structure ("O.AS") for a 1.700 s.f. bam and storage building on the Subject Property is approved conditioned upon the execution of this Covenant by the City and the Applicants. 2. fhe following conditions shall control the existence of the O.AS: A) No future subdivision of the Subject Property will be approved that places the OAS within a lot tliat has no principal structure. Page I of 3 Should Applicanl wsh to subdivide the Subject Property, the OAS may remain without a principal structure for a period to be determined by the Orono City Council. If no principal structure is fully constructed and completed on the property by the end of the determined period, the OAS must be removed. Should Applicant subdivide the Subject Property, the OAS and the principal structure stall be located within the same lot, which meets the minimum lot area requirement based upon the size of the accessory building, which lot area requirement is detailed in Section 10.03, Subdivision 9 (CX2) of the Orono Municipal Code. Setback requirements as defined in Section 10.03, Subdivision 9 (CKa) shail also apply. This Covenant shall be binding upon current and future owners of Subject Property, and stall be filed within the chain of title of the Subject Property. Fee owncr(s) of the Subject Property, if not the Applicant, consent to the execution of this Covenant and to its terms, as shown by her signatures upon this document. CITY OF ORONO: By:. By:. Its Mayor Its City Clerk ACKNOWLEDGEMENT STATE OF MINNESOTA ) ) $s. COUNTY OF HENNi PIN ) The foregoing instrument was acknowledged before me this ________________________. 20 ___. by___________________________ day of __and and of the City of Orono on behalf of the municipal corporation. Notary Public Page 2 of 3 ACKNOWLEDGEMENT (APPLICANT) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing inslmmeni was acknowledged before me this .20 .by _________ day of and as their free act and deed/on behalf of the corporation. (husband and wife/singlc/a Minnesota Corporation) Notary Public FEE OWNER: By:______________________ By:______________________ ACKNOWLEDGEMENT (FEE OWNER) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____________________. 20 . by day of and as their free act and deed/on behalf of the corporation. (husband and wife/single/'a Miimesota Corporation) Notao' Public Page 3 of 3 ApplimhNi Date: II/7/0I M Day DcarfUac: 1/6/01 TO: Chair Hav^n and Orono Planning Commission Members Ron Moofse. City Administrator FROM: Paul Weinberger. Zoning Administraior/Planner UATi:: November 13.2001 SUBJECT: «01 -2734 Margie Newton SOS Orchard Park Road Variance • Public Hearing 2Loaing Dbirici: Lbt ofEihibiU: RR-IA One Family Lakeshore Residential District (5 acre) Application Plat Mop Regulations Related to Hones Memo • Matt Bolterman. On-Site S> stems Manager Plat of Kokesh Farm Final Site Plan Application Summary: Property owner has requested a variance to permit an existing horse bam to remain on the property located closer to the front property line than the new proposed house. The Zoning Ordinance prohibits accessory buildings from being located closer to the front property line than a principal building. Included with the variance request to allow the bam to remain on the property. Owner has also requested a variance to permit construction of a 620 a f. addition to the bam. The proposed building would be 1.700 s.f. Any building over I ^00 s ?. is considered an ovcrsi/cd accessory building. One oversized accessory building is perm* led on a lot subject to the condition the building meets r.ll required principal building setbacks and property owner shall agree to covenants that state: A. No future subdivision will be approved that places the structure within a lot that has no principal structure, except that the City in its subdivision approval may grant a finite time period in which the oversized accessory structure may remain without a principal structure, in order that a principal structure may be constructed. At the end of this time period the oversized accessory structure must be removed if no pruKipal structure has been constructed. D. If the property is subdivided, the oversize accessory structure and principal sUuclure w ill be located together w ithin a lot that meets the minimum lot area requirement for the gi\ cn size of accessory building. •0l-2734M«|ieNc«laa 505 Ordi«<l Pari RmI Pylori C. In subdivision approval, the setback required for the oversize accessory structure as defined herein shall remain. Such covenant shall be binding on current and future property owners and shall be filed in the chain of title of the property. Horse Bams Horses are a permitted accessory use in the RR-1A district. The minimum setback for a private bam from any lot line is 75 ‘. The minimum setback from adjacent residences is 150*. The bam location meets standards required for special setback regulations that apply to private bams and stables. Property Background The property was part of the recent 6 lot plat of Kokesh Farm. This lot is a record lot meeting minimum lot size and lot area requirements for the zoning district. Earlier this month the City of Orono issued a demolition permit and the old non-conforming house and garage were removed. The house was non-conforming because it was located within the 100* front yard setback. A 50 ’ pasture casement is located over the south 50 ’ of this property. The easement w as recorded by the developer of Kokesh Farm and is for pasture use by the propery owner to the south. The proposed development does not impact the 50 ’ easement. Zoninu/Scntic Review Front yard setback ± 400 ’ Rear yard setback 125' Side yard setback (south) +200 ’ Side yard setback (north) 98' The new house meets all required setbacks. The house wns located to take advantage of e.xisting topography for a wnlkout and to locale the building a greater distance from the street. New soil testing and septic design has been submitted by the properly owner and approved by the City On-Site Systems Manager. The final septic design is for a 4 bedroom house but could be expanded to a 5 bedroom if needed. Staff Rccomnieadatton Staff recommends approval of the variance to permit the oversized accessory building to remain on the property based on the existing building location, the best building site on the lot is located behind the bam, and it allows for a w'alkout at the highest lot elevation. •01-2734 Mwgie Kewloa 305 Otduvd Parti Road P^2of3 PImaniag ConiBihitoii Optioas for ActioB A. Approve B. Denial C. Table D. Other Action — ApplkatioD U I^tc Rcceh'ed ItjnfG! CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S2S0.00 „ _ ^ (SSO.OO per each additional variance) * Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Facl Fees (Double application fee) Amount Paid PROPERTY INFOR>UTION Site Address Property Identification Number (P.1.D.)_ P4gfci Attach legal description to application if not included on required survey. ifi! Date Property Acquired 2^00 1 ____________________ I (do) fcio not! also own the adjacent parcels of land. _(month/year) Present use of pr^rty: Zoning District: K R - I A residential _other (specify)_ APPLICANT Phone (home)__________________ ^ Name 8/<St4 /a/C, Phone (work ) 70^Vo/ Address: ' Cws.Zip:_S£^£V OWNER (if different than applicant) Name Address: jCA. Phone (home) Phone (work)__________________ City: £.i>fAjA- Zip: ‘ggVzV DESCRIPTION OF REQUEST Describe request in detail: ___ Estimated Construction Cost S (attach additional sheets if necessary) VARIANCES REQUIRED ___Lot Area ___Lot Width ___Hardcover ____^Lot Coverage X Setback:Front Side Rear Average Lakeshore X Other (specify) jfuCieSSaiiy •^/tsur A HARDSmP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: avr< ^ £.€vX.c. ^4-SfltAt. /SjLJX. i r- \ -If- p CITYofORONO Munkipal Oflka Horses ih Orono Zoning Code Regulations: ■ Section 10.02, Dcnnitions, 5. Animal Unit ■ Section 10.20, Subd. 3, Conditional Uses ■ Section 10.27, Subd. 4A SmttMirm: 2750 Mkt PUkmtj Orem. Ml 55356 MaMtiMdreo: P O Box <•: Crystal Bi/ Ml aS3234)066 Section 10.28, Subd. 4A (Accessory Use in RR*IA, RR-IB Districts) Requirements for keeping a horse: • Permitted Accessoty Use in RR-IA and RR-IB Districts * Conditional Use Permit required in R and LR Districts Conditional Use Permit Conditional uses are reviewed by the Planning Commission with final approval by the City Council. A public hearing is held at the Planning Commission meeting and all property owners within 350’ of'Jte property are notified of the public hearing. Minimum Acreage Requirement 3 acres minimum lot size lor 1 horse. The 3 acre minimum requires at least 1 acre for the residence and 2 acres for pasture area. The pasture area cannot include the primary and secondary septic system drainfield site. The pasture area cannot include low lying unusable for pasture or grazing. The City Council may reduce the required p-sture area if the horse is stabled and pasture is not needed for l«d. 1 horse ■ 3 acres minimum 2 horses - 4 acres 3 horses - 5 acres 4 horses *» 6 acres Location of Private Stables and Bams The minimum setback for u private stable or barn from any lot line is 75'. The minimum setback frem adjacent residences is 150*. Contact City Staff to discuss any proposal for a private stable or bam. Revised 6/13/01 lliaiL. TUtphooc (952)249-4600 • Fax (952) 249-4616 WWWxLanNMMMUH GlTYorORONO Munldpal Oflicts Stmt iMms: 2750 Mki Pukmti Omo. MN 55356 MaiHiifMiran: MN 55323-0066 TO:Paul Weinberger FROM:Matt Bollermaiu On-Site Systems Manager DATE:November 15,2001 SUBJECT:Septic Review for 505 Orchard Park Rd The property at 505 Orchard Park Rd has an approved design for the septic system. The septic is designed for a four bedroom home but can be expanded to a five bedroom site if needed. Both sites arc for mound systems. The information provid^ indicates that both drainfield sites meet ail Orono and Minnesota 7080 standards for location and design. Based on the above information, staff recommends approval in regards to septic conformance. TdcplMM(f52)24MdM • Fai (9S2) 24M«li wwwxUwiim —■! HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY ONNBRS LIST raop MRM OMMIR KAMI TMCMTBI MAM/AOM St 31 lit 3S 11 toil toon MB—tt rtaoiMo J O LBSUt t M p tSSUB MMU D LBttXB tita onm bob Mf SS317 St SI lit as 11 ooia OOOlt MO— PBM 0 ■ JOMItOM t K A OAVio I jontsoa Ittts 4STN AVI H rLIMOVTN Ml 5544C COMDMI I St 31 lit as 14 OtOt OOOSt ADO — taOXMO N O UTtCKY t A K UTfOCY Muuc 0 Lmonr acis ABTHW IT N B MlMIBAtOLIt Mi SS41t CQMOMI i »ROt MOB OMMBII —MB TAXPAVBB HMIB/AOOB St SI lit ai 14 ooia OOOSt ADOftBM PBNOim wuuoBiB V mwroH MUUOBIB t MBirrOH 4713 MBAOkM BO BOINA m SS434 COHOMI t PBOP ADM TAXPAYIB MAm/AOM PBOP ADM TAZPAYBB BAMB/Aim CO =tl= X CERTIFY THAT THE PACTS REPRESENTED ARB AN ACCURATE AND TRUE REPRESENTATION Of INFORMATION AS IT APPBRARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUTTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OP NY KNOWLEDGE AMD BELIEF datb/A =:=ri:V” V ^:-; I **f4.J'^* *.-tf!i r> tr.-: r.-.-z^ rrr: r •M I'Sbf-A;; bi. ■ ' :=:"C**.r. -i-'t «j=;r^i-.A- • *. <1 ajttw .Tl*<«1r *• aAM^. l%i| M(»'« V»Mlt I «<»r;t *'»••» t N# mm^ kau iv tct 4 »a 0t i9» «A»*«e* Mir IM M%M« % «-M ;*r MT4 irlr.':.,.... I=r;:::.Tr;,*rMr | __J KOKESHFARM iKt’ *<o 1 ^ f xri^ ■'>t»Mi»»»«aeio 'v")^ ^ r/—— MS&R trpaae". eeftSRU! Kr__ .*m* 9flP ST.i*'' lii' NMinw AK)1 REQUEST FOR COUNCIL ACTION NOV 2 6 2001 Cl I Y Or Onui*o Dale: November 20.2001 Item No.:// Departmeat Approval: Nairn: Michael P. Gaflron Title: PUnnuig Director Adaiiiidaiinblralor Approval:Agenda Scctioa: Zoning Item Description: ^01*2735 Proposed Zoning Code Amendment • Section 10.03 Subd. I4C Structural Lot Coverage Ordinance Standards rc: Pools Lbt ofEihibita A - Planning Commission Work Session Memo and E.xhibits 11/7/01 Summary' of Amendment: Under the proposed amendment, in-ground pools and their associated grade-level patios would no longer be considered as structures for the purpose of calculating “lot coverage by structures". The original lot coverage ordinance in 1989 did not include pools in the calculation of lot coverage. The ordinance was amended 6 months after its adoption to include pools and their associated patios. The currently proposed amendment has received staff support principally because the original intent of the “lot coverage” ordinance was to address and minimize the visual bulk and massing of structures on smaller properties. Staff would argue that in-ground pools with fences no higher than 6 feet above grade do not have the visual impacts the ordinance was intended to address. Planning Commission is nearly evenly divided on the issue. This issue surfaced recently in relation to the replacement of a home on Chevy Chase Drive. The proposed new home w ould use the entire 15% lot coverage allotment. Retention of the existing in- ground pool and its associated patio/dcck would result in on additional 8% lot coverage, for a total lot coverage of 23%. Council approved the lot area variance in October subject to removal of the pool at the time the house is removed, unless the ordinance changes so that the pool is not lot coverage. It seems inconsistent that in-ground pools and their associated patios screened by 6* fences would be considered as having a visual impact different than that of simply a patio surrounded by 6' fences, which would not be calculated as lot coverage. The Council in 1990 apparently viewed the 15% lot coverage limitation as a tool for addressing more than just the visual impacts of pools. Note that at the same time lot coverage limitations came into effect, they were accompanied by more restrictive setbacks for certain accessory structures such as pools, tennis courts, and paddocks or arenas (10.03, Subd. 14D). These more restrictive setbacks were primarily intended to minimize the impacts of activities on neighboring properties by forcing such structures away from lot lines, but also resulting in greater open spaces between lots. Lot Coverage Ordinance Amendment November 20,2001 Page 2 Planning Commission discussed this topic at their November 19 work session, llie work session was followed by a public hearing regarding the proposed amendment, held during the regular PC meeting of Noveml^r 19. llte only residents in attendance to comment on the proposal were the Chevy Chase property residents, who indicated they were in favor of changes that would allow them to keep the pool, but they understood the broader ramifications of a code amendment that aOccts the entire City. PlanniBg Commisskm Rccommcndatioii The Planning Commission split into two distinct 'camps' on this topic, resulting in a 4-3 vote on a recommendation to drop pools and their associated paiios^deeks from the lot coverage calculation. Hawn, Mabusth, Stoddarf and Rahn support this change, but only if it is accompanied by a new hardcover limitation on all non-Shoreland residential lots under 2 acres in area (50% was suggested). Smith, Lindquist and Fritzler are against the proposed amendment. They feel that pools and their associated patios/decks should continue to be calculated as lot coverage by structure, and suggest that decks regardless of height should also be considered for inclusion os lot coverage. Staff Recommendation Given the lack of Planning Commission consensus, this may be a difficult issue for Council to resolve without further discussion. While a non-Shoreland 50% liordcover maximum may be philosophically in tunc with Oiono's environmental goals, this requirement will add significantly to the burden on permit applicants, because non-Shorclond residents would incur the costs of additional survey work to accurately make hardcover calculations. Most properties will not have a problem meeting the 50% limit, but some small lots might be affected. Council should consider whether the intent of the lot coverage ordinance is merely to address visual bulk and massing of aboveground structures on small properties, or if it is perceived as ser\ ing a broader purpose. If it scrs'cs some ‘broader purposes’, it may be useful to identify those purposes and consider whether limiting lot coverage is the best method to accomplish them. COUNCIL ACTION REQUESTED Council should take one of the following actions; 1. 2. 3. Direct staff to draff on ordinance for adoption, either: - per the majority recommendation of the Planning Commission; or. - per the minority recommendation of the Planning Commission. Direct staff to discontinue activity related to this code amendment. Table the matter to a work session for further discussion; direct staff as to what additional information could be provided that will be useful. Other. TO: WORK SESSION - THURSDAY NOVEMBER 7,2001 8:00 A.M. Chair Hawn and Orono Planning Commission Members Ron Moorsc.Cily Administrator FROM: Wcnd\ Boltcnberg, Zoning Administrator/Planner DATE: November 1,2001 SUBJECT: Lot Coverage by Structures - Ordinance Review Attachments A - Ordinance «72, Second Scries (Adopted August 14, 1989) B - Ordinance #80. Second Series (Adopted February 26, 1990) C - Code Subdivision 10.03, Section 14 (C)(3) D - Minutes City Council Meeting - May 22. 1989 E - Minutes City Council Meeting - July 10, 1989 F - Staff memo of July 21, 1989 G - City Council Meeting August 14, 1989 H - City Administrator Memo October 19,1989 1 - Stall memo of December 21,1989 J - Planning Con nission Minutes January 16. 1990 K - Staff memo of February 7. 1990 L - City Council Minutes February 12, 1990 M - City Council Minutes February 26, 1990 N - Woodland Lot Coverage Ordinance O - Greenwood Swimming Pool Ordinance Summary*: City Council has indicated that the lot coverage ordinance should be revisited, specifically regarding in ground pools. Pools have been regulated under the section of ordinance titled “Yards and Open Spaces - Lot Coverage" (Section 10.03, Section 14 (C)). For lots less than 2 acres in total area, the total combined footprint areas of all principal and accessory structures shall not c.xcecd 15% of the lot area. Pools, including pool basin and associated deck or patio areas, regardless of whether such pool basin, deck or patio is enclosed with a fence is included in the calculation of lot coverage. The current lot coverage ordinance was adopted February 26. 1990. The background section of this memo is a synopsis of the discussion regarding how accessory structures were to be regulated and the intent of the ordinance. Included as attachments are the actual ordinances, memos and minutes of various meetings if you wish to read through them. Also included as informational items are the City* of Woodland lot coverage ordinance and the City of Greenwood swimming pool ordinance. Background: In the spring of 1987, aRer many applications for accessory structures. City Council determined that standards for accessory structures and what constitutes structure should be visited. Council directed the Planning Commission lo rc\icu the accessory* stniclures section of the zoning code in relation to oversized accessory structures. At that time city code required any proposed oversized accessory structure nccdt*d to get a variance. Two years and many meetings later the Planning Commission concluded a conditional use permit/variance was not the appropriate approach to oversized accessory structures, and instead set up performance standards for oversized accessory structures as a permitted accessory use. Designed a table which tics the size of the accessory structure to the lot size and specified what is structure. Auyu.st 14. 1*?89 - City Council adopted Ordinance #72 Second Series for oversized accosory structures, limiting the percentage of lot cov erage by sUucturcs on all lots less than 2 acres in size to 15% of lot area.. Included: any roofed or covered structure over 6' in height abov e grade and any non-roofed structure (tennis courts, pools, decks, etc.) of which any part including fences, walls e.xtends more than 6’ abt)ve grade. The intent i>fthe lot coverage ordinance is to limit the visual impact of structures on a property. Since some pools are in ground and would not have a v isual impact, they were evciuded from structural lot coverage unless they have a fence, railing, etc. partially or fully around it that c.xtends more than 6’ above grade. (Hxhibit A) September 25. 1989 - City Council questioned why swimming pools without fences, railings, etc. were excluded from lot coverage. Sent back to Planning Commission for further review. October 18. 1989 - Memo from City Administrator-Regulation of Pools. Pools should be included regardless of fence height and be referred back to Planning Commission for review. December 21. 1^89 - Memo written by Michael P. GafiVon summarizes lot coverage ordinance by Planning Commission. States there arc two types of pools and questions the intent of ordinance regarding v isual density or ore hardcover restrictions being added? Grade level pools should be treated the same as grade level decks, sidewalks, driveways.... One of Mike’s great writings - worth reading and take special note of staff recommendation. lo. 1990 - Planning Commission discussed the City Council’s request for a recommendation regarding inclusion of all pools as lot coverage. Plarming Commission concluded limiting v isual impact of structures on property is the intent of the ordinance. In ground pools w ould NOT be included in lot structure calculation. p<»hniafv 26. 1990 - City Council discussed lot coverage, amended the ordinance to include in ground pools as lot coverage. Adopted Ordinanee #80, Second Series amending the lot coverage ordinance. (Exhibit B). (City Council interpreted the ordinance to include every thing that cov ers the ground to be lot cov erage not just structures that project abjvc grade). October 15. 2001 - Planning Commission reviewed an application to demolish an existing residence and construct a new residence on lot. New* residence is at allowed 15% lot coverage and property has an in ground pool. The pool increases the lot coverage over the allowed 15%. Plarming Commissi m passed the proposal with the condition the applicants remove the pool when the existing residence is demolished.i Staff recommends revisiting lot coverage ordinance. Planning Commission agrees and set November 7,2001 for work session to discuss ordinance. Octoher 22. 2001 - City Council approved the application to demolish existing residence and construct new residence on the lot with condition the applicants remove the pool when the existing residence is demolished. City Council agrees staff and Planning Commission should revisit lot coverage ordinance reg^ing pools. Codes Compared: Brooklyn Park Deephaven Greenwood Minnetonka Mound Wayzata Woodland Of the cities contacted, the only city to have an ordinance including sw imming pools as structure and lot coverage below 15% was Woodland. The total percent of lot area covered by structure may not c.xcecd 10% of the lot area. The minimum lot size in Woodland is 2 acres. The other cities either didn’t include in ground pools as structure or the amount of structural lot coverage allowed on a lot was above 20%. Planning Commiuion Options: 1 . To keep the lot coverage ordinance as it exists today. 2. To amend the lot coverage ordinance to e.xclude in ground pools from lot coverage calculation. Review of the lot coverage ordinance is on November. 2001 Planning Commission meeting agenda. ORDIRAMCB «72, SBCCMD SBRIBS Ml 0RDIHJUK3S MCEMDIMS TBB OBOMO NinilCIPAL CODB Wt KB6ULAT1B6 TBB LOCATI(M» ABBA, ABD BBIGBT OP LAR6B ACCBSSORT 8TB0CT0RBS Th« City Council of Orono ordains as follows: BBCTZOB 1. Chapter 10 of the Municipal Code of Orono is hereby anended by repealing Section 10.03, Subdivision 9 (C) and adding a new Section 10.03, Subdivision 9 (C) to read as follows: C. Area Restrictions. In all "R" districts no accessory building shall exceed 1,000 square feet of footprint area except that accessory structures in excess of 1,000 square feet will be allowed under the following conditions: 1. Not more than one Oversized Accessory Structure (OAS) shall be permitted on any property. An "Oversized Accessory Structure" is defined as an accessory structure of footprint area in excess of 1,000 square feet, except that the following non-roofed accessory structures which exceed 1,000 s.f. footprint area are not considered as "Oversize Accessory Structures”', "but are subject to the special setback restrictions of Section 10.03, Subdivision 14 (D): - Tennis courts - Pools, when pool basin structure (excluding non- encroachment'type patios) is greater than 1,000 s.f. - Paddocks or arenas 2. Oversized Accessory Structures are regulated by the following table: Lot Area Maximum Individual Accessory Structure Footprint Area Maximum Allowed Total of All Accessory Structure Footprint Areas* on a Property 0-1.99 acre 1,000 s.f.2,000 s.f 2.00-3.00 acre 1,200 s.f.2,400 s.f 3.01-3.50 acre 1,400 s.f.2,800 s.f 3.51-4.00 acre 1,600 s.f.3,200 s.f 4.01-4.50 acre 1,800 s.f.3,600 s.f 4.51-5.00 acre 2,000 s.f.4,000 s.f 5.01-6.00 acre 2,200 s.f.4,400 s.f 6.01-7.00 acre 2,400 s.f.4,800 s.f 7.01-8.00 acre 2,600 s.f.5,200 s.f e.01-9.00 acre 2,800 s.f.5,600 s.f 9.01 acre or more 3,000 s.f.6,000 s.f * Excluding non-roofed tennis courts, pools, paddocks, arenas. Page 1 of 4 J 3. Any Oversize Accessory Structure shall be subject to the following conditions: a) No such accessory structure shall be located within a required yard area (principal structure setbacks must be met). Further* no such structure shall be nearer the front lot line than the front line of the principal residence on the property* and no ouch accessory structure shall be located less than 30* from the side or rear lot line regardless whether less strict principal structure setbacks apply. b) The maximum height for such accessory structure shall be 30* or the defined height of the principal residence structure on the property, whichever is less. c) Such structure shall be allowed only when the property owner agrees and covenants in writing with the City as follows: i. No future subdivision will be approved that places the structure within a lot that has no principal structure, except that the City in its subdivision approval may grant a finite time period in which the oversized accessory structure may remain without a principal structure, in order that a principal structure may be constructed. At the end of this time period the oversized accessory structure must be removed if no principal structure has been constructed. il. If the property is subdivided, the oversize accessory structure and principal structure will be located together within a lot that meets the minimum lot area require­ ment for the given size of accessory building. iii. In subdivision approval, the setback required for the oversize accessory structure as defined herein shall remain. Such covenant shall be binding on current and future property owners and shall be filed in the chain of title of the property. SECTION 2. Chapter 10 of the Municipal Code of Orono is further amended by revising Section 10.03, Subdivision 9 (B) as follows: Page 2 of 4 B. Height Restrictions. Ho accessory building in the *R" District shall exceed the height of the principal building* exeept barne er etablea whieh shall be seb^eet to the approval ef the eounellT nor shall an accessory building exceed 30 feet in height. SBCTIOH 3. Chapter 10 of the Municipal Code of Orono is further amended by adding Section 10.03, Subdivisions 14 (C) ft (D) as follows: C. Lot Coverage. In all zoning districts, for all lots of 0-1.99 acre in total area, the total combined footprint areas of all principal and accessory structures shall not exceed 15% of the lot area. The following shall bo included in calculation of lot coverage by structures: 1. All roofed structures which extend more than 6* above grade level. 2. Tennis courts, pools, patios, decks and all similar ■open" structures when partially or fully enclosed by fences, railings or walls which extend more than 6* above grade level. (If any portion of ouch structures extends more than 6* above grade level, the entire structure shall count toward lot coverage.) EXCEPTION. Regardless of lot area, every developed lot shall be allowed at least 1,500 square feet of lot coverage by principal residence and garage structures. D. Tennis courts, pools, and paddocks or arenas, when such accessory structures exceed 1,000 s.f. footprint area, shall be subject to the following special setback restrictions: Front - 30* minimum and not within the required front yard nor between the front lot line and the principal structure on the property Side - 30* minimum and not within the required side yard area Rear - 30* minimum and not within the required rear yard area 8BCT10H 4. Chapter 10 of the Municipal Code of Orono is hereby amended by adding Section 10.03, Subdivision 9 (E) as follows: E. Setbacks. Accessory structures in excess of 750 square feet footprint area but not exceeding 1,000 square feet footprint area shall be located at least 15 feet from any lot line. SBCTXOH 5. Chapter 10 of the Municipal Code of Orono is hereby amended by revising Section 10.20, Subdivision 3 (E) as follows: Page 3 of 4 Sobd. 3. Conditional Dses. Within any Ona Family Raaidantial District, no structure or land shall be used for the following uses except by conditional use permiti B. Greenhouses. Commercial greenhouses provided all outside storage is fenced in such a manner so as to screen the stored material from view when observed from the public street or adjoining lot. Commercial greenhouse structures shall not be located in a required yard area, and are TTect further to the general soning code requirementssub: pmrtaininq to accessory structures. 8BCTZOW i. Chapter 10 of the Municipal Code of Orono is hereby amended by revising Section 10.03. Subdivision 12 as follows: Subd. 12. Crowding Principal Building. No accessory building or structure, unless an integral part of the principal building, shall be erected, altered, or moved within ten feet of the principal building, nor within ten feet of another accessory structure. 8BCTZOW 7. Adoption and Publication. This ordinance shall be effective upon publication, and shall be published in the Laker and Pioneer newspapers the week of August 28. 1989. Adopted by the City Council of Orono on this 14th day of August. 198B. by a vote of 4 ayes and 0 nays. oorothy fr, ier/Hallin. City Clerk Page 4 of 4 J ORDINAHCB #80, SECOND SERIES AN ORDINANCE AMENDING PERFORMANCE STANDARDS TO THE accessory STRUCTURE SECTION OF THE ORONO MUNICIPAL CODE Th«* City Council of Ocono Ordains as follows: Election 1. Chapter 10 of the Municipal Code of Ocono is hereby amended by amending Section 10.03 Subdivision 14(C) to read as follows: Section 10.03 Subdivision 14. Yards and Open Spaces. C. Lot coverage. In all zoning districtSf for all lots of 0-1.99 acre in total area, the total combined footprint areas of all principal and accessory structures shall not exceed 15% of the lot area. The following shall be included in calculation of lot coverage by structures: 1. All roofed structures which extend more than 6' above grade level. 2. Tennis courts, patios, decks, and all similar "open" structures when partially or fully enclosed by fences, railings or walls which extend more than 6* above grade level (if any portion of such structures extends more than 6* above grade level, the entire structure shall count toward lot coverage). 3. Pools, including pool basin and associated deck or patio areas, regardless of whether such pool basin, deck, or patio is enclosed with a fence. This ordinance becomes effective upon publication. 1990. Passed by the City Council this 26th day of February, ATTEST: iwkti J. caiman, Je.» Actln^.yoc iorothy BU^aallin,City Clerk 1 § 10.03 Subd-10. Conditional Use Permit Required. AH accessory buildings on through lots located in "R" Districts shall require a conditional use permit. Subd. 11. Dwelling Use Prohibited. No cellar, basement, tent, trailer, or accessory building shall at any time be used as an occupied dwelling. Subd. 12. Crowding Principal Building. No accessory building or structure, unless an integral part of the principal building, shall be erected, altered, or moved within ten feet of the principal building, nor within ten feet of another accessory structure. Source: Ordinance 72,2nd Series Adopted: 8-14-89 Subd. 13. Garages. Accessory buildings which are for the storage of automobiles shall have the doors thirty feet or more from the property line when said doors face on a public alley or street Subd. 14. Yards and Open Spaces. A. Reduction Prohibited. No yard or other open space shall be reduced in area or dimensions so os to make such yard or other open space less than the minimum required by the Zoning Chapter and if the existing yard or other open space as existing is less than the minim-im required, it shall not be further reduced. B. Application to Only One Dwelling or Group. No required yard or other open space allocated to a building or dwelling group shall be used to satisfy y^, other open spaces, or minimum lot area requirements for any other building or dwelling group. C. Lot coverage. In all zoning districts, for all lots of 0-1.99 acre in total area, the total combined footprint areas of all principal and accessory* structures shall not exceed 15% of the lot area. The following shall be included in calculation of lot coverage by structures: 1. All roofed structures which extend more than 6 ’ above grade level. 2. Tennis courts, patios, decks, and all similar ”opcn" structures when partially or fully enclosed by fences, railings or walls which extend more than 6' above grade level (if any portion of such structures extends more than 6* above grade level, the entire structure shall count toward lot coverage). 3. Pools, including pool basin and associated deck or patio areas, regardless of whether such pool basin, deck, or patio is enclosed with a fence. Source: Ordinance 80,2nd Series Adopted: 2-26-90 ORONOCC 255-3 (4-1-84) WIIDTBS OP THE OROMn OKOHO C««CIL OF «, „„ ty was successful 1„ eU»?na??: •1334 SIDNEY REBERS Motion passed. moad name reqoest f- ^-"cn that Choice is “Sugjs^h Srlve® "So^arwood Drive..® ®^“^''.lco°ni said thac it „as refreshlrefreshing to have a Couj><f^merober *Peterson^^ Imember Coeti- tl>« road servino thf” approve Sidney seconded by am WI^MEW --------------- gauge the size of th^^^J^^ would be atruoture «ea. The Planning Co»«< ?^ structure in reT.H*'’'’®®^*’^*** ‘o fra? ■« accessory structure. ?mV **°®® <^he allotih?®^• s excluded for issue of sixe of an accessory structu^** m*' tennis courts leased on lot size S«r"nhV/d'so’L-'.^!d®r"h^t"i^cl"«'■‘"*^ ‘he bn"hi"“*““ "‘“"’e-"accessor, structure house • such application is MIMimS OF TBB OROHO C001ICIL NEBTIIIG OP MAY 22, 1989 ACCBSSORT STRUCTORB ORDIRARCB AMEMDMBMT CONTIHUBD pending. Assistant Planning and Zoning Administrator Gaffron said that staff has been reviewing the Planning Commission draft in an attempt to find any loopholes that may exist. The Building Inspector has Indicated that the 1,040 s.f. limit may cause conflicts with the building code. The main reason the Planning Commission chose 1,040 s.f. is that would allow for a 26' x 40* structure which is a standard size. However, staff would prefer to use 1,000 s.f. as the limit to avoid any conflict with building code thresholds. Gaffron said that staff was contemplating whether placing a limitation on the number of stories of an accessory structure would also be appropriate. Mayor Grabek questioned whether the amendment would prohibit a 5-acre property to have a rambler-style residence and a barn. Gaffron clarified that a horse barn was excluded from the 30* height restriction in the existing code. CounciImember Goetten said that the Council was always cautious when attempting something new. She believed that this amendment was necessary. Gaffron depicted some potential situations that may arise using "generic" lots to show the Council how the amendment will be utilized. Goetten said that she was especially concerned about the smaller lots and the lakeshore lots. Councilmember Peterson asked for clarification regarding buildings with a footprint under 120 s.f. as being excluded from the calculation of total accessory structure footprint areas. Gaffron replied that it was the Planning Commission's Intention to allow residents to have storage for items, rather than having them out in the open. Peterson asked whether a person would be able to have as many sheds as he/she desired? Gaffron indicated that the Planning Commission did not wish to limit the number of accessory structures. Zoning Administrator Mabusth noted also that building permits were not required for such small structures; only zoning reviews were required to assure that the structures conform to the setbacks. Mayor Grabek questioned whether staff was comfortable with the proposed amendment? Mabusth and Gaffron concurred that some "fine-tuning" still needed to be done. Councilmember Goetten Indicated that the proposal was a good start and asked staff to convey that to the Planning Commission. It was moved by Mayor Grabek, seconded by Councilmember Mettles, to table this item. Motion, Ayes>4, Nays-0, Motion passed. MIHUTBS OF THE RBGOLAR ORONO COOHCIL HEBTIIIG JOLT 10, 1989 [LB_31422-BREITIIER COHTnOBD —bx Councllaeaber Nettles, seconded by CounciInenber Goetten, to"~Hdof>t-EeAolutlon #2661, approving the hardcover, lot width and lot area^Tarlimoes.,lar Mr. and Mrs. David Breitner. Motion, Ayes«5, Nays-0, Motionpasse< ACCESSORY STRUCTURE OROIMAMCE Assistant Planning and Zoning Administrator Gaffron provided a synopsis of what the accessory structure ordinance would allow and disallow. He said that the 1000 s.f. footprint area would not include second stories, and would therefore allow for the construction of a 2 story garage with 1,000 s.f. for the first floor and 1,000 s.f. for the second floor. Tennis courts, paddocks, arenas and swimming pools that exceed 1,000 s.f in area would not be considered as oversize structures, but would be subject to principal structure setbacks and must be at least 30 ’ from any lot line. CounciImember Goetten raised the question of covered tennis courts and pools. Gaffron replied that once a cover is placed over a tennis court or pool, it would then be classified as an oversized accessory structure under this amendment. Councllmember Nettles inquired about height restrictions. Gaffron answered that a variance would be required if an accessory structure was proposed to be taller than the principal structure, or if it would be more than 30* in height. Councllmember Nettles then questioned a particular application involving a request for a two story accessory structure. Gaffron said that in this case, the applicant met the requirements of hardcover, and would meet the lot coverage standards. There is a 15% lot coverage for lots that are under 2 acres in area and in this case, the lot coverage would be 7%. Councllmember Callahan questioned the number of times that this oversize accessory structure ordinance would have been used within the last three years? Gaffron replied that it would be have been used approximately 3 to 5 times per year. Planning Commission Representative Hanson questioned whether the standard square footage would be 1,000 or 1,040? Gaffron replied •■hat after City staff discussed the aspect of using 1,040 s...., the Building Inspector indicated that the Building Code treats structures over 1,000 s.f. different with regard to structural requirements for foundations. Staff felt if would be less problematic for applicants if the 1,000 s.f. standard was used, and this would outweigh the benefits of using the 1,040 s.f. Hanson disagreed. Gaffron noted that barns, greenhouses, and stables were no longer exempt from the accessory structure standards. These items would be required to meet the oversized accessory structure standardsi MIMDTBS OP THE RBGOIAR ORONO COUNCIL MBBT1N6 JULY 10, 1989 ACCESSORY STRUCTURE ORDINANCE CONTINUED Gaffron presented a number of questions for consideration (See Accessory Structure NemOf questions 1 through 5). Mayor GrabeK asked Gaffron whether this ordinance would fit the needs of the City to control these situations when they arise. Gaffron said that the Ordinance would cause two things to happen. Some residents will find that they no longer can construct accessory buildings that they could have prior to this ordinance unless they come into the City for a variance. This will apply mainly to those residents with smaller lots. Those residents with larger lots will find they do not need a variance to construct certain buildings that, prior to this ordinance, would have required a variance. There was discussion regarding whether screening/fencing around a tennis court or pool should be considered in the lot coverage calculation. It was the general consensus of the Mayor and Council that fencing did have a visual impact and should be included. It was moved by Mayor Grabek, seconded by CounciImember Goetten, to table this application until the July 24, 1989 Council meeting. Motion, Ayes=5, Nays*0, Motion passed. SINEER'S REPORT lATER IMPROVEMENT BIGBHAY 12 ^TION OF BIDS moved by CounciImember Nettles, seconded by CounciImemBer Peterson, to accept the bids as presented for sanitary seweKj»nd water construction on Highway 12 between Brown Road North and^ld Crystal Bay Road. Motion, Ayes*5, Nays-0, Motion passed. SPECIFICATIONS BIGHWAY 12 WELL AUTHORIZATION FOR PLANS City Admxnistrator Bernhardson asked that only the well be considered in this item at this time. It was moved by Councili^ember Goetten, seconded by Counci Imember Peterson, to authori^the City Engineer to prepare plans and specifications for a well t^serve the Highway 12 area. Motion, Ayes«5, Nays»0, Motion passed. MAYOR'S REPORT: None. CITY ADMINISTRATOR'S REPORT: COUNTY ROAD 51 PARKING City Administrator Bernhardson said that they w waiting to receive final word from the County regarding extension of the No Parking area on County Road 51. r Tot Mayor Grabek ft Orono Council Members City Administrator Bemhardson Proms Michael P. Gaffron, Asst Planning ft Zoning Dates July 21» 1989 Subjects Ordinance Amendment* Oversized Accessory Structures List of Exhibits • Exhibit A - Proposed Ordinance with Minor Revisions Since Last Meeting Exhibit B - Memo ft Exhibits of 7/7/89 Discussion - This item was tabled at your July 10th meeting for further review. As of this writing* I have received no further comments from Council members. A few minor changes have been proposed since your last meeting* as follows: 1. The language that defines pools as non-oversized accessory structures makes it more clear that grade-level* non-encroaching patios will not be considered as part of the structure. 2. For the 15% lot coverage requirements for small lots* structures to be included have been defined as follows: a) Any roofed or covered structure exceeding 6* in height above grade level. b) Any non-roofed structure (tennis courts* pools* decks* etc.) of which any part including fences or walls extends more than 6' above grade level. Since the intent of the lot coverage ordinance is to limit visual density on a property* it would seem appropriate that any improvement that exceeds 6' in height would reasonably be considered a visual impact and should be included in lot coverage. Since the maximum allowed fence is 6'* yards that are fenced in with a 6' fence would not be counted as lot coverage* but a tennis court with 10'-12^ fences would be included* as would a gazebo or accessory building. Pools might or might not bo included depending their height above grade and the type of fencing or walls existing. Ordinanc* Amendment, Oversized Accessory Structures July 21, 1989 Page 2 of 2 Additionally, staff is suggesting that for the lot coverage have the ability to construct a detached garage in addition to the house. The proposed revision sets ^Jte «llcmance for any developed lot at 1,500 square feet, which would be 20% of the typical 50*xl50' lot. Of course, the 1,500 square foot threshold can be raised or lowered if Council is so inclined. 3. A new section has been added to revise and existing code section which requires an accessory building to be at least 10* away from a principal st^cture. Staff has consistently required that accessory buildings also be 10* from each other, but it was recently brought to staff s attention that the code as it is written only requires the 10' setback from an accessory structure to a principal structure, and not between accessory structures. The proposed revision will make the code conform to what has been consistently enforced, and will provide the necessary safety and visual density controls staff feels are appropriate. We would not expect a significant number of new variances duo to this section. It also will give us the ability to legitimately require that pool water surfaces will be at least 10* from any other structure, accessory building roofed area, or other nearby facility that could be used as a diving board. This is a concern because there was at least one case approximately 10 years ago whore an Orono property owner had a pool less than 10' from the overhanging deck on the house and sustained serious injury when trying to dive off the second story deck into the pool. 4. Although not revised in the ordinance draft attached, staff would recommend that you consider revising the rear yard required setback for tennis courts, pools and paddocks to be merely 30' minimum and drop the requirement that such structures be outside the required rear yard area, since that would start to have a significant effect on restricting drainfleld sites in the 2 acre and 5 acre zones. Stmff RecoMsenda tion - with the changes noted above, staff feels that the ordinance amendment is workable and would recommend adoption. (mDTmacE • , sbcohd smss AM OSDZMAMCB AMEMDOKS TBB GBOHO MDMICIPAL CCXS BT KBCUIATIMG TEB LOCATIOM# AREA, AMD HEIGHT OP LARGS ACCESSORY STROCTORBS The City Council of Orono ordains as followsi 8ECTIOH 1. Chapter 10 of the Municipal Code of Orono is hereby amended by repealing Section 10.03, Subdivision 9 (C) and adding a new Section 10.03, Subdivision 9 (C) to read as follows: C. Area Restrictions. In all "R" districts no accessory building shall exceed l,0w0 square feet of footprint area except that accessory structures in excess of 1,000 square feet will be allowed under the following conditions: 1. Not more than one Oversized Accessory Structure (OAS) shall be permitted on any property. An "Oversized Accessory Structure" is defined as an accessory structure of footprint area in excess of 1,000 square feet, except that the following non-roofeg accessory structures which exceed 1,000 s.f. footprint area are not considered as "Oversize Accessory Structures**,"but are subject to the special setback restrictions of Section 10.03, Subdivision 14 (D): - Tennis courts - Pools, when pool basin structure (excluding non- encroachment-type patios) is greater than 1,000 s.f. - Paddocks or arenas 2. Oversized Accessory Structures are regulated by the following table: Lot Area Maximum Individual Accessory Structure Footprint Area Maximum Allowed Total of All Accessory Structure Footprint Areas on a Property 0-1.99 acre 1,000 s.f.2,000 s.f 2.00-3.00 acre 1,200 s.f.2,400 s.f 3.01-3.50 acre 1,400 s.f.2,800 s.f 3.51-4.00 acre 1,600 s.f.3,200 s.f 4.01-4.50 acre 1,800 s.f.3,600 s.f 4.51-5.00 acre 2,000 s.f.4,000 s.f 5.01-6.00 acre 2,200 s.f.4,400 s.f 6.01-7.00 acre 2,400 s.f.4,800 s.f 7.01-8.00 acre 2,600 s.f.5,200 s.f 8.01-9.00 acre 2,800 s.f.5,600 s.f 9.01 acre or more 3,000 s.f.6,000 s.f 3. Any Oversize Accessory Structure shall be subject to the following conditions: Page 1 of 4 “»rr.ri5riro«'??oriin.“ iS^ ?Sr*?rp r^Vrdi»!i whethlrTe.^.’’'tJ“t prInciVA .truetur. setbacks apply. b) The maximum height for structure shall be 30* or thethe principal residence structure on the property, whichever is less. c) Such structure shall be allowed only when the property owner agrees and covenants in writing with the City as follows: i. No future subdivision will be that places the structure within a lot that has no principal structure, except that the City in its subdivision approval may grant a finite time period in which the accessory structure may remain without principal structure, in order that a principal structure may be constructed. At the end of this time period the oversized accessory structure must be removed if no principal structure has been constructed. ii. If the property is subdivided, the oversize accessory structure and P^-/'“P®i structure will be located together within a lot that meets the minimum lot area require­ ment for the given size of accessory building. iii. In subdivision approval, the setback required for the oversize accessory structure as defined herein shall remain. Such covenant shall be binding on current and future property owners and shall be filed in the chain of title of the property. SBC9Z0M 2. Chapter 10 of the Municipal Code of Orono is f^fther wended by revi^^^^^ Section 10.03, Subdivision 9 (B) as follows: B. Height Restrictions. No accessory building in the "R* District shall exceed the height of the Sxcept barns er stebies which sheii be eeb^eet ^e epprevei of the eoenciiT nor shall m accessorj^ buildin£ exceed 30 feet in height.---------: Page 2 of 4 SBCTZOH 3. Chapter 10 of the Municipal Code of J amended by adding Section 10.03, Subdivisions 14 (C) t (D) as followsX C. Lot Coverage. In all zoning districts, for all lots of 0-1.99 acre in total area, the total combined footprint areas of all principal and accessory structures shal 1 not exceed 15% of the lot area. The following shall be included in calculation of lot coverage by structures: 1. All roofed structures which extend more than 6' above grade level. 2. Tennis courts, pools, patios, docks and all similar ■open* structures when partially or fully enclosed by fences, railings or walls which extend more than 6 above grade level. (If any portion of such structures extends more than 6' above grade level, the entire structure shall count toward lot coverage.) EXCEPTION. Regardless of lot area, every developed lot shall be~Tllowed at least 1,500 square feet of lot coverage by principal residence and garage structures. D. Tennis courts, pools, and paddocks or arenas, when accessory stxuctures exceed 1,000 s.f. footprint area, shall be subject to the following special setback restrictions: Front - 30’ minimum and not within the required yard nor between the front lot line and the principal structure on the property Side - 30' minimum and not within the required side yard area Rear - 30' minimum and not within the required rear yard area SECTION 4. Chapter 10 of the Municipal Code of Orono is hereby amended by adding Section 10.03, Subdivision 9 (E) as follows: E. Setbacks. Accessory structures in excess of 750 square :;eet footprint area but not exceeding 1»00 square e footprint area shall be located at least 15 feet from any lot line. SECTION 5. Chapter 10 of the Municipal Code of Of®*'® amended by revising Section 10.20, Subdivision 3 (E) as follows: Subd. 3. Conditional Uses. Within any Family Residential District, no structure or land shall be useo for the following uses except by conditional use permit: Page 3 of 4 E. Greenhouses. Comnerclal greenhouses provided all outside storage is fenced in such a manner so as to screen the stored material from viem when observed from the public street or adjoining lot. Commercial greenhouse strut^ure^ shall not be located in a required yard area# and subject further to the general soning code requirement pertaining to accessory structures. SBCTXOa i. Chapter 10 of the Municipal Code of Orono is hereby amended by revising Section 10.03, Subdivision 12 as followsi Subd. 12. Crowding Principal Building. No accessory of the principal building, nor within ten feet of another aeceasorv structure. SECTION 7. Adoption and Publication. This ordinance shall be effective upon adoption, and a short summary shall be published in the Laker and Pioneer newspapers. Adopted by the City Council of Orono on this _ _ _ _, 1989, by a vote of _ _ ayes and _ _ nays. day of Dorothy k. Hallin, City Clerk James R. Grabek, Mayor < Page 4 of 4 MIWDTB8 OF THB ORONO COOMCIL liBBTlBC rp AOGOSr 14, Iftf ACCBSSORT 8TR0CTURB COMTIHDBD 30' setback for accessory structures was appropriate. CounciInember Callahan questioned why swimming pools would ^ exrapt when considering lot coverage. Gaffron saW that the Planning Commission was concerned with the visual impact of structures covering area. Most pools are ground level and would not have any visual impact. Mayor Grabek noted# however# that most pools are surrounded by a fence. moved by Mayor Grabek# seconded by Counci Imember Goetten# to approve the Ordinance Amendment for Oversized Accessory Structures. Motion# Ayes-4# Nays-0# Motion passed. ^IMG FLAMS ft SPECS - IfBLL #3/HIGBHAY 12 s^ity Administrator Bernhardson explained that it was necessary to do test drilling to determine which aquifer can be used. ^ Ayes«4# Nays»iK. Motion passed. ^ PAY RBQUB8T #1 ” STATIOM 10/43 _ ^ moved\^y Mayor Grabek# seconded by Counci Imember Goetten# to approv^payment #1 for Lift Station 10 and 43 projects. Motion# Aye^^# Nays^O# Motion passed. MAYOR'S REPORT! L.N.C.D. MAYOR'S MEETING a Grabek reported >vhat the attending Mayors had indicated they would like ci^re control over the LMCD Representatives# because they felt^hey were not kept adequately informed. The Mayors also felt that^here were too many meetings and that it was difficult to have rep^entation at each meeting! The Mayors also questioned their ability to recall their respective LMCD Representative if they wjjre not performing in a satisfactory manner. ^ « CITY ADMIMISTRATOR'S REPORT: COUNTY ROAD 51 PARKING RESOLUTION #2675 City Administrator Bernhardson explained tha^staff has recommended extending the -No Parking- area 200* fu^er east than initially proposedr ^ Director Gerhardson said that the Cit^Mas still trying to work with Hennepin County to widen the park; area on the south side of County Road 51, Mr. Thomas Anderson# 3550 North Shore Drive# said that-he 101989.1 K 3^ TO* FROM* DATS: Mayor and City Council Mark E. Bernhardson, City Administrator^i) October 19, 1969 SOBJECT: Oversized Accessory Structures Ordinance - Regulation of ^ o tUY 1 0 - O! Attachment:A. Oversized Accessory Structure Memo Dated 7/21/89. B. August 14, 1989 Minutes (Excerpt) ISSUE - Presentation to Council on background regarding the exclusion of pools in determining accessory structure allowances. INTRODUCTION On September 25, 1989, Council discussed reconsideration of the issue of pools being included as accessory structures for the purpose of determining "percent of lot coverage by buildings", only when such pools have a fence that exceeds six feet in height. DISCUSSION - Prior to the introduction of the accessory structures ordinance, any pool under 1,000 square feet that met the applicable setbacks could be constructed in a yard without any variances. The oversized accessory structure ordinance recently adopted contains a number of specific regulations pertaining to pools as follows: A. Any pool of basin structure greater than 1,000 square feet roust meet minimum setback requirement greater than the normal 10 foot setback. B. For all lots under 2 acres in area there is a 15% maximum limit on lot coverage by buildings, which include both principal and accessory structures. Any lot regardless of size would be allowed a minimum of 2,000 square feet of buildings. Pools and tennis courts with fencsc over six feet high would be considered as accessory structures for purposes of this calculation. As noted in Attachment A, the issue raised at the August 14, 1989 meeting involved whether the regulation of these accessory structures was one of visual density or mass, or if in fact it was on a different basis than being total structural foot print of a lot. As noted above the exceptions in the accessory structure ordinance were for tennis courts, pools and patios and other open structures, including paddocks and arenas, with fences no higher than six feet in height. These represent a diverse range of "structures". A swimming pool is the most substantial of the above items considered as a structure, as opposed to a paddock or arena which is not so much a structure as an area that is fenced. If the Council desires to include pools in the regulations as accessory structures which count against "lot coverage by buildings* regardless of the fence height, an aaendment of the accessory structure ordinance could be referred to the Planning Commission for initiation of the process. Under both the previous and present ordinance a pool of limited size can be constructed on any size property provided the required normal or oversized accessory structure setbacks are met. ALTERNATIVES 1. Accept the information. 2. Direct that an ordinance amendment be drafted. 3. Table for further discussion. RECOMMENDATION - It is recommended that the Council request staff to proceed with an ordinance amendment regulating pools as a building type accessory structure, but leaving tennis courts, paddocks and arenas as excluded items when they have walls or fences no greater than six feet in height. Patios and decks would still be treated as structures requiring setbacks or non­ encroachments, based on their height above grade. PROPOSED MOTION - Moved by _, seconded by _, that the Council having accepted the information direct staff to prepare an ordinance amendment for Planning Commission consideration for inclusion of pools in the calculation of percentage lot coverage by buildings for a given property. Ayes __, Nays __. CC} Jeanne A. Mabusth, Building & Zoning Administrator Michael P. Gaffron, Planning & Zoning Administrator is fenced. If the Council desires to include pools in the regulations as accessory structures which count against "lot coverage by buildings” regardless of the fence height, an amendment of the accessory structure ordinance could be referred to the Planning Commission for initiation of the process. Under both the previous and present ordinance a pool of limited size can be constructed on any size property provided the required normal or oversized accessory structure setbacks are met. ALTERNATIVES 1. Accept the information. 2. Direct that an ordinance amendment be drafted. 3. Table for further discussion. RECOMMENDATION - It is recommended that the Council request staff to proceed with an ordinance amendment regulating pools as a building type accessory structure, but leaving tennis courts, paddocks and arenas as excluded items when they have walls or fences no greater than six feet in height. Patios and decks would still be treated as structures requiring setbacks or non ­ encroachments, based on their height above grade. PROPOSED MOTION - Moved by _, seconded by _, that the Council having accepted the information direct staff to prepare an ordinance amendment for Planning Commission consideration for inclusion of pools in the calculation of percentage lot coverage by buildings for a given property. Ayes __, Nays __. ccj Jeanne A. Mabusth, Building & Zoning Administrator Michael P. Gaffron, Planning & Zoning Administrator ... _ .,.1 p.<r '/-/t-To "iMm S--0 122189.2 Planning Conunission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Proas Dates Subject s Michael P. Gaffron* Asst Planning & Zoning Administrator December 21, 1989 Consideration of Amendment to Recently Adopted Accessory Structure Ordinance: Inclusion of Pools as Lot Coverage Introduction - On August 14, 1989, the City Council adopted Ordinance 72, Second Series which regulates location, area, and height of large accessory structures (copy attached as Exhibit A). That ordinance amended Zoning Code Section 10.03, Subdivision 14 (C) by limiting the percentage of lot coverage by structures on all lots 1.99 acre or smaller. Prior to adopting that regulation, upon staff recommendation the Council revised and detailed the language such that all roofed structures which extend more rhan €’ above grade, and any tennis courts, pools, patios, decks and other open structures which are fully or partially surrounded by fences that are more than 6' high, would count toward lot coverage. On September 25, 1989, the Council discussed reconsidering whether pools should be included in the lot coverage calculation, regardless of fence height. On October 23, 1989, pursuant to a memo of October 19, 1989 from the City Administrator, Council directed staff to initiate the process for consideration of such an amendment. Based on the City Council's discussion, the amendment to bo considered would be to revise Section 10.03, Subdivision 14 (C) to read as follows: "C. Lot coverage. In all zoning districts, for all lots of 0-1.99 acre in total area, the total combined footprint areas of all principal and accessory structures shall not exeed 15% of the lot area. The following shall be included in calculation of lot coverage by structures: 1. All roofed structures which extend more than 6' above grade level. 2. Tennis courts, peelsr patios, decks, and all similar "open" structures w’en partially or fully enclosed by fences, railings or walls which extend more than 6' above grade level (if any portion of such structures extends more than 6' above grade level, the entire structure shall count toward lot coverage). Consideration of Aaendoent - December 21* 1989 Page 2 of 3 3« Pools# including pool basin and ^ «st fiated deck or atio areas# regardless of whether su*oQl basin# eck# or patio is enclosedwith a fence.S Raaifications - Staff would request that the Planning Commission seriously consider the original intent of the lot coverage code revision. It is staff's impression that the Planning Commission wished to limit the visual density of development on small properties by limiting the percent of above ground structural encroachments. There are typically two types of pools constructed in Oronot 1. In-ground# below grade pools# typically a hole in the ground lined with concrete and surrounded by grade level patios. Typically this type of pool has permanently affixed diving boards# and often is surrounded by a fence ranging from 3* to 6* in height at a distance of 4* to 20* from the pool water surface. 2. Above-ground pools, typically with a wood superstructure containing a 3' high plastic-lined steel basin# which may be partially below grade at one end to provide a deeper diving area. The decking around such pools is typically at a height 4* above grade# and may be surrounded with an additional 4' to 6* fence outside the deck area# hence a total pool and fence height approaching 10'. Prior to adoption of the current ordinance# staff felt it was Imperative that# if a lot coverage ordinance was to be adopted# the items to be included or excluded from calculation should be strictly defined. Since a side and rear yard fence height of 6' is normally allowed in any non-lakeshore district# staff felt that on small lots# any upward encroachments higher than 6' would be considered as visual encroachments contributing to visual density of a neighboihood# hence "tennis courts# pools# patios# decks and other open structures partially or fully surrounded by fences more than 6' above grade" were considered as being visual obstructions subject to the lot coverage limitations. The idea that ^1 pools should be considered as lot coverage by structure# without regard for the actual height above grade that the pool extends# would seem to be in conflict with the perceived "visual density" intent of the lot coverage ordinance. Consideration of Aaondnant - December 21» 1989 Page 3 of 3 Staff BaoonMndation - Planning Comnlealon is requested to review and consider the intent of the lot coverage ordinance recently adopted., and determine whether its purpose was to merely lir.It visual density of above-grade structures, or whether it was intended cs a further hardcover restriction for small lota. Staff would suoaest that the two concepts not be intermingled in a confusing ordinance. Staff fails to see a distinction between grade level pool atructurea and grade level decks, patios, sidewalks, driveways, etc. in the context of visual density encroachments. If grade level pools are to be considered as lot coverage but grade level P*tioa are not, then Planning Commission should clearly redefine the intent of the lot coverage ordinance, and consider whether the 15% limit is appropriate. Staff would also caution that the accessory structure code as it currently exists is not perfect, and is extremely detailed and not easily administered. Our accessory structure code, as well as many of our other unique ordinances, are a tangled web which is extremely confusing to the general lay person. HIMUTBS OP THE PLANNING COHMISSION HBBTING JANUARY 16 • 1990 PROPOSED ZONING AMENDHENTS A. SECTION 10.52, SUBDIVISION 3 B. SECTION 10.03, SUBDIVISION 14(C) PUBLIC HEARING 10:30 P.M. TO 10:35 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mabusth explained the changes being proposed, Kelley indicated that the inclusion of the availability of municipal^water service to the Ordinance for Sanitary Sewer Availability in the Highway 12 Corridor area was fine. The other Planning Commissioners concurred. Gaffron noted the Council's request for a Planning Commission recommendation regarding inclusion of all pools as lot coverage. Ee asked the Planning Commission to clarify their intent of the Lot Coverage Ordinance. Gaffron's concerns are that 15% is not a sufficient percentage if pools are included and whether the intent of the Ordinance was to limit visual encroachment of structures that stand above ground. The Planning Commission reolied that was their intent. Gaffron noted that there are two different types of pools commonly built, and they should be treated differently. Gaffron said that he categorizes an in-ground pool the same as a patio. Kelley concurred with Gaffron and added, if there is a pool that is 8* above ground and has an additional deck, that is a structure. Gaffron said that it is his understanding that the Planning Commission would like the Ordinance to remain the way it was written. The Planning Commission said that it was written the way they intended it to be. Mabusth asked if a fence is required around a pool and it is at least 5' high it should not be included in lot coverage? t ^ _ __ A ^ a WKelley said that the first point to consider is oool is in^the ground or above it. The next point is whether any part of it extends beyond 6* in height above grade. Mabusth informed the Planning Commission that the reason this matter has been brought forward is due to the questions raised in the Peterson application for a pool. It was moved by Kelley, seconded by Cohen, to recommend leaving the recently adopted Accessory Structure Ordinance as is. Motion, Ayes-5, Nays-O, Motion passed. r Mayor Grabek t Orono Council Members City Administrator Bernhardson 2790.1 Proa: Date: Subject: Michael P. Gaffron, Asst Planning t Zoning Administrator February 1, 1990 Consideration of an Amendment to Recently Adopted Accessory Structure Ordinance: Inclusion of Pools as Lot Coverage List of Bihibits Exhibit A - Planning Commission Minutes 1/16/90 Exhibit B - Staff Memo 12/21/89 Exhibit C - City Administrator Memo 10/19/89 Exhibit D - Staff Memo 7/21/89 Exhibit E - Council Minutes 8/14/8'' Exhibit P - Current Ordinance as Adopted Discussion - Council had previously referred the question of including pools in the lot coverage calculation to the Planning Commission. Please review the memo of December 21, 1989. The Planning Commission confirmed that their intent in originally recommending a lot coverage limitation was to limit visual encroachment of structures that project above the ground. Please review the Planning Commission minutes of January 16, 1990. Planning Commission recommended that the ordinance remain as previously adopted, with the intent that in-ground pools with no projections of fencing, structure or walls more than 6' above grade, not be considered -s lot coverage. Where fencing, structure, or walls/retaining walls extend more than 6* above grade, the current ordinance would be interpreted as requiring such a pool to be included as lot coverage, because it constitutes a visual encroachment. Planning Commission voted 5-0 to recommend leaving the recently adopted accessory structure ordinance as is. Staff Recomaendation - Staff would concur with the Planning Commission recommendation. Council Options - 1. Leay.e -ordiTiance as previously-^optedU_ 2. Direct staff to draft an amendment per the drafted language K NimiTES OP ORONO COUNCIL NEBTING OP PBBRDART 12, 1990 L PKOPOSBD X0HIN6 ANBNDMBNT 8BCT10H 10.03, SUBDIVISION 14(C) City Adninlstrator Bernhardson said that after the Planning Comnission reviewed this natter, they preferred to leave the ordinance as is. He said the Planning Coounission is looking at pools from a visual coverage aspect, rather than a hardcover aspect. CounciInember Goetten thought that this issue should continue to be reviewed. It was moved by Mayor Grabek, seconded by CounciImember Nettles to table this matter. Motion, Ayes-3, Nays-0, Motion passed. iXNBBR'S RBPORTs BIDS HIGHHAY 12* t was moved by CounciImember Goetten, seconded by Counci'lmember Nettles, to award Keys Well Drilling the contract to constXpct the 16* well at a cost of $70,155.00 as recommended by BonestVpo, Rosene, Anderlik & Associates. Motion, Aye-3, Nays-0, Mot^n passed. NBLL NATBR TBSTSDRILLIHG PAYMENT «2« Zt was mov^ by CounciImember Goetten, seconded by Councilmember NetVlea, to approve Pay Request 92 to Keys Well Drilling in the ambk^nt of $807.50. Motion, Ayes-3, Nays-0, Motion passed. NELL MATER TEST DRILLING CHANGE ORDBR «1 AND 12 Councilmember Goetten w^ concerned about the reference in Gerhardson's memo to a suspic^n of high radium and the need to retest. City Engineer Cook said tha^occasiona 1 ly the testing results in a false reading. He said\they were very concerned when they had received the reading,\which is why tley are retesting. It was moved by Councilmember Goettei^^seconded by Mayor Grabek, to approve Change Order #1 in the amoo^it of $650.00 for retesting of the test well for the Highway 12 Improvement Area. Motion, Ayes-3, Nays-0, Motion passed. It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to approve Change Order 12, exteivding the completion date of the water well test drilling to Maz^ch 16, 1990. Motion, Ayes-3, Nays-0, Motion passed. BIGBWAY 12 SEWER AND NATBR PAYMENT «3* It was moved by Councilmember Goetten, seconded Councilmember Nettles, to approve Request Payment #3 to Albz;echt Construction in the amount of $41,028.41 for the Highway 12 MIVUTBS OF ORONO COOMCIL NBBTIHG OF FEBRUARY 26, 1990 ACCESSORY STRUCTURE ORDINANCE AMENDMENT City Administratoc Bernhacdson explained that the issue was whether pools should be Included as lot coverage without a fence, or only in cases where there is a 6* fence surrounding a pool. The Planning Cosunission reconunended that the Ordinance remain as is. Bernhardson said that the Planning Commission is considering the visual density aspect of this ordinance. He said the Ordinance could also be considered from the aspect of how much structure exists on a property regardless of whether it is above or below ground. A third way to consider the Ordinance would be from a hardcover standpoint. Bernhardson said that he prefers to consider the Ordinance from a total structural lot coverage aspect. He said that one property could have a principal structure, swimming pool, tennis court, and driveway which would leave very little grass. CounciImember Goetten agreed. Acting Mayor Callahan and CounciImember Peterson indicated that they too agreed that lot coverage should be the issue. Gaffron suggested that if the Council is going to view this Ordinance from a lot coverage aspect, that all flat surfaces are going to have to be considered. That would include patios, sidewalks, and driveways, which would be a hardcover issue. City Attorney Barrett said that what Gaffron was suggesting, that if the present ordinance is to be a structure ordinance, then it is inadequate. It does not address all the possible structures that could exist on a particular property. He said that the Ordinance was drafted with a different perspective than that of the Council's. He suggested that the Council may wish to consider whether their perspective is a separate, hardcover issue. Councilmember Peterson said that when the reference was made to lot coverage of 15% for lots 0~1.99 acres, that it was referring to everything that covered the ground. Gaffron said that the intention of the Planning Commission was that if structure would be limited to only 15%, then it would include only structures that are above ground. It would not include sidewalks, driveways, etc. CounciImerabers Goetten and Peterson indicated that they did not interpret the Ordinance that way. Acting Mayor Callahan said that though patios without pools could be considered the same as patios around pools, that there is a difference. He thought that the intent of the Ordinance was to address lot coverage, not projections upward. Callahan believed that the Ordinance should be amended to include pools as part of lot coverage. MIVUTBS OF ORONO COONCIL HEBTIHG OF FBBmnOtT 1990 It was moved by Acting Mayor Callahan, seconded by CounciImenbec Peterson, to amend the Accessory Structure Ordinance to include pools as lot coverage. Callahan said if the Ordinance was drafted from a different viewpoint, then he would like to have staff provide information regarding what changes may be appropriate to the existing Ordinance to have it conform with Council's perspective. Motion, Ayes-4, Nays-0, Motion passed. NATOR/COONCIL REPORT: There was no Mayor's report for this meeting cite ADMINISTRATOR'S REPORT: STDBBE^^BAy SEWER PROJECT Ci^y Administrator presented a summary of the significant guestiorihB from the meeting on January 30th. He requested that this item Xe tabled until March 12th. It wasN^ved by Counci Imember Nettles, seconded by CounciIraember Paterson, to table this item until March 12, 1990. Motion, Ayes-4, l^ys-0. Motion passed. CITY FACILITIES-IMACT DISCUSSION Mr. Jack Boarm^was present to provide some ideas for the Council to consider X^garding their preference for building design. He also presH|nted two preliminary site plans, one showing the use of the Old^Crystal Bay Road site, the other shows the site currently used. Counci Imember Goetten asi^^ if any particular materials were being discussed at this pointApr if this stage was merely for the purpose of putting the desigrKpn paper? Mr. Boarraan replied that the ^te planning stage involved determlng the size of the site ar^^ the ability to fit the building within the required setbacks. He said that packing, screening and the location of the buildit^g with respect to views are being considered during this phase. Acting Mayor Callahan noted that HlghwaX 12 is scheduled to change and suggested that be taken into consid^ation for the Old Crystal Bay Road location. Mr. Boarman replied that the building would 300* to 400' from Highway 12. Mr. Boarman said that in looking at the site currel^^Iy used, the building may encroach into the setback areas and valances may be required. Acting Mayor Callahan asked what negative aspects exist Tor the constructing a two-story building? Mr. Boarman replied that a two-story building would require an elevator and would be more of an urban-style building. I : i I r ■OCT-31-Ol MED 12:14 PN DEEPHAVEN CITY HALL FAX NO. 16124741274 P. 16 I TheBuUdiogI«pettor>co«ulUtionwithaprofMsioQ»lMgmcer.u poMibl. sou erosion isnpect before issuing i pensut for constmcuon on improvem^s. „d»^fr»ye existing ^^’etation which saetns structures, vehicles and other water,, assuming summer. Icaf-on vegetauon. .... , HI.tone Sites. N^^uStwp may be placed on a significant historic site in a ^ of adequate infofTniiion about the site has beca obtained o documented in a public repository. lot shall be enutled to a variance as a ma«er of right to the extent necessary reuonably bufidabla in relaUon to its siae and value. 900.10 tail Coverane. Except in the A^e^ly ^ percentage of land area covered by an impervious Jou, Section surface without a building permit __________________________________________ accessory buddings) of less than 1.200 square feet for a one-story building or 800 square feet for a building one and one-half or more stones. CO garages or floor area of less 900.12 additional Reguiremcf^^trqctures in Yards Subd 1. Qsasul. Every reipuredyara^ttopa space nn«t be unobstructed by any buildi^^ stniciure, from the ground upN^ard, except M'fello^ (a) When a yard adjoins a lake, then a pump housenmbre^e^ns ^ ^ ^ ^ square fert in area may be located closer to the lake thanpUm^ under the applicable setback from the ordinary high water line, but must be ted at least 12 0CT-3I-0I UED 12:09 PN OEEPHAVEN CIIY HAU FAX MX 16124741274 GREENWOOD P. 02 Section 330:00 <;cction 330 - f^nntimctlon. Operation aodMaji ' nf Swimpiny Pools Section 330 00. ngfinitions. For the purpose of this ordinance, the following terms. 1**^ words, and their derivations shall have the meanings given herein. context words used in the present tense include the future, words m the plur^ nuroto i^ude Ac singular number and words in the singular number include those in the plural number. The word "shair as used herein is mandatory and not merely a directory. "Coinmmiity Heal* Board" includes all authorized officers and deputies of the Hennepin County Community Health Doatd or other health board established pursuant to MuinesoU Statutes Chapter 145 A responsible for health compliance in the City of Greenwood. "Swimming pool ” is any constructed pool, used for svnmming or bathing, over 24 inches in depth, or wth a surface area exceeding 150 square feet. "Residential swimming pool" is any constructed pool which is used, or inlwdcd to be used, as a swimming pool in connection with a single family residence, and available only to the family of the householder and his private guests. •Tublic or semi-public swimming pool ” is any swimming pool other than a private swimming pool. "Main outlet" is the outlet at the deep portion of the p<ml through which the main flow of water leaves the pool when being drained or being recirculated. "Main suction" is the line connecting the main outlet to the pump suction. "Vacuum fitting" is the filUng in the wall of the pool wliich is used as a convenient outlet for connecting the underwater suction cleaning equipment "Vacuum piping" is the piping which connects the vacuum fitting to the pump suction. •Return piping" is the piping which carries the filtered water from the filter to the pond. "Inlet" is the fitting or opening through which filtered water enters the pool. "Face piping" is the piping with all valves and fittings which is used to connect the filler system together as a unit. "Recirculating piping" is the piping from the pool to the filler and return to the pool, through which the water circulates. "Backwash piping is the piping which extends from the backwash outlet of the filten to its terminus at the point of disposal. o OCT-31-01 MED 12:09 PH DEPHAVEN CITY HALL FAX NO. 18124741274 P. 03 Section 330:00 "Filter" is a material or apparatus by which water is clarified. •Underdrain” a an appurtenMce al the boUom of the fillet to t«ure equal disiribuUon of water through the filter media. "Filter element" is the port of a filter deviec which retains the filter media. "Recirculation skimmer" is a device connected with pump suction used to skim the pool over a self-adjusting weir and return the water to the pool through the filter. Tiller media" is the fine material which entraps the suspended particles. "Filter aand" is a type of filter media. Tiller rock" is a graded rock and gravel used to support filter sand. "Filter aid" is a diatomite type of filter media. "Diatomite type filter" is a filter designed to be used with filter aid. "Diatomite" (diatomaccous earth) is a typt uf .*’«Uer aid. "Skimmer-filter" is a recirculating skimmer with a filler forming an integral part of the device. "Filter septum" is that part of the filler clement in a dialomile-lypc filter, upon which a cake of diatomite is deposited. "Prccoaf * is in a dialomite-type filter the initial coating of filter aid placed on the filter septum at the start of the filter cycle. "Body feed" is filter aid fed into a diatomitc-type filler ihrougliout the filtering cycle. •Filter cartridge" is a disposable filter element whicli employs no filler aid. "Caruidge filter" is a filter using filler cartridges. "Design rate" is the average flow rate over the filtration cycle. "Pool depth" is the distance between the floor of the pool and the ma.ximuro operating level when pool is in use. "Pool deck" is the finished area around the pool. "Width and length" shall be determined by actual water dimensions. OCT-31-Ol le 12:10 PH OEEPHAVEH CITY HflLL FAX NO. 16124741274 P. 04 Section 330;00 -Lifeline anchors" arc the rings at transition point. -Transition point" is the point between shallow and deep area. -Pool wall" is that portion of the pool that is vertical or inclined more than 45® to the vertical from the horiwntal. "Pool floor" is that portion of the pool that is horizontal or inclined less than 45® to the vertical from the horizontal. Construction pool until the plans and specifications Uterefor have been endorsed and approved by the ^immunity Health Board. A permit shall also be obtained for any repair to a swimming pool. Section 330:04. pjanctobe Submitted. Plans, spccincations and pertment explanatoiy data required to be submitted with an application for a permit to construct a swimming poo or any alteration, addition, remodeling or other improvement to a swimming pool shall provisions of this ordinance and include the following plans and information as well as such other data os maybe icasonably requested by the Community Health Board and Building Inspector. a Plans shall show, but not be limited to showing, the general layout of the entire building lot on which the pool is to be located, distances of the pool from the lot lines, water supply systems, buried sewers and sewage disposal systems, utilities (electric, gas, telephone, etc.) or other sources of conta./.inalion within 50 feet of the pool and be draw. to a scale of not smaller than one-fourth inch - one foot, thus indicating all dimensions, including the cffcclivc length, depth, and widlli of the pool deck ar < similar items. b. Cross-sectional views of the pool. c. A cross section of scum gutters and/or skimmers. d. Pipe diagrams showing material aod size of all pipes, inlets, outlets, m^e- jp water lines, vacuum lines, waste and discharge lines, circulation and other piping. c." The pool equipment layout, showing fillers, their location, pumps, chlorinators, chemical feeds, flow meter gauges, sight glass, strainers, hair and lint interceptors, r‘i OCT-31-01 WED 12:10 PH DEEPHAVEN CITY HALL FAX NO. 16124741274 P. 05 g- Seciion 330;00 rinnr Slooes. The slope of ihc floor on the shallow side of the tr^ition point shall not exceed one foot vcnical to ten feet horizontal. The transition point between shallow and deep wau*r shall occur in a water depth of at least five f«t. provided that this may be four at^d one-half feet if a safety line is crcct^ at this point The maximum slope where water is five feet or more in depth sh^l not exceed one foot vertically in each tl^ree feet horizontally, provided that the floor slope from the point of maximum depth to the deep end wall may be one foot vertically in each one fool horizontally. Rnrfnce Drainage. The pool and sunounding area shall be constructed and ananged in such a manner that no splash or overflow water shall return to the pool. No surface or roof drainagi shall be permitted to enter the pool. Finiidi and Cove. Pool floor and walls shall liavc a cl^blc, white or similar light- colored and Impermeable surface. The pool floor shai! be skid resistant. There shall be a minimum cove or rounded comer of one inch radius or more of the pool floor and wall, or other such interior constmetion. Where the water depth is less tlian five feet, the maximum radius of such cove shall be tv^r.lvc inches. HAndholds. Handholds shall be provided and consist of a bull-nojed coping not over two and one-half inches thick for the outer two inches or an equivalent approved handhold. The handhold shall not be more than nine inches above the normal water line and shall extend around the entire periphery of the pool. Pool Deck. Unobstructed deck areas not less than 48 inches wide shall be provided to extend entirely around the pool. The deck area shall be constmeted of impervious material, and the surface shall be such as to be smooth and easily cleaned and of non-slip construction. The deck shall have a pitch of at least one- fourth inch to the foot, designed so as to prevent back drainage into the pool. If deck drains are provided, drain pipe lines shall be at least two inches in diameterj drain openings shall liavc an open area of at least four limes the cross-secflonal • ,'ea of the drain pipe. The deck drain system shall have indirect connectioii to the sanitary sewer. The deck drains shall not be connected to the recirculation system piping. or Ladders. Two or more means of egress in Uic form of steps or ladders shall be provided for all private residential swimming pools. At least one such means of egress shall be located on a side of the pool at the deep end and one at the shallow end of the pool. Treads ofsieps and ladders shall be constmeted of non-slip material and shall be at least three inches wide for their full length. Ladders and step holes shall have a handrail on both sides. Steps shall be located only at the shallow end of a pool. OCT-31-Ol HED 12:10 PB DEEPHAVEN CITY HAU FAX NO. 16124741274 P. 06 Section 330:00 pivinp Area . Minimumdcptlisand areashallbcas follows: Boards Maximum Distance Above Water Minimum Water Depth Five Feel From Tip of Diving Board Distance of Deep Point from Diving WaU Distance From Deep Point to Transition Point Minimum Diving Board Overhang Minimum Distance From Side Wall to Center of Board Deck 1-evel !8"8'Ilf 10'2'/i'r Intermediate 30 ”8'ir ir 2'/i*7'/a' 1 Meter 39.37-8 ‘/f 12'12'3*8 ’ At least 13 feel of free and unobstructed headroom shall be provided above diving boards. One depUi marking shall be provided in the deck or the wall of the pool above the high water line indicating the greatest depth in feel. Diving structures shall be securely anchored. The minimum depth for all pools hereafter constructed shall be eight (8) feet. Section 330:12. I’ilter Charocteri.stics . pjlters in General . Hvery pool shall be equipped with a recirculating system capable of filtering the entire contents of the pool in twelve (12) hours or less. 1. Fillers shall be capable of maintaining the clarity of the w-atcr to permit the ready identification, through an eight (8) foot depth of water, of a disc two (2) inches in diameter, which is divided into four quadrants in alternate colors of red and while. 2. Filter capacity shall be such that it need not be cleaned more frequently than once every four (4) days under proper conditions of water and operation. 3. All pressure fillers shall be equipped with influent and effluent pressure gauges to determine the pressure differential and frequency of cleaning. All other fUters shall be equipped with at least one pressure, vacuum or compound gauge, as applicable, which shall be posiUooed in such a way as to determine the differential across the filter and the need of cleaning. 4. All pressure filter systems shall be equipped with an air release at the high point in the system. OCT-31-01 HED 12:U PM DEPHAVEN CITY HALL FAXNa 16124741274 P. 07 Section 330:00 5. Operating inslnictions shall be posted on every niter system. All valves shall be properly designed, indicating their purpose. 6. Where dissimilar metals arc sued in the construction of the filter, which may set up galvanic currents, then suitable provision shall be made to resist electrolytic corrosion. 7. Filters shall be so designed and installed that they can be readily disassembled and the filter elements removed. pressure Filters. Pressure filter systems utiliang sand or other equally efTeclivc filter media acceptable to the Community Health Board shall be designed and installed to operate at a rate not to cxce^ three (3) galloits per minute, per square fool of Alter area and to back^vash at a minimum rate of twelve (12) gallons per minute per square foot of surface water. 1. Filter tanks shall be fabricated to meet tlic 1956 ASMH Specifications for non-code pressure vessels, wiili the exception that standard type dished and fla led heads may be used. Tanks shall be built for a minimum of fiAy (SO) pounds working pressure and tested at ISO PSI. The filter underdrain shall have an effective distribution of at least 25% of the cross section area of the lank. Tanks shall not be placed underground. 2. Filter tanks shall be supported in a manner to prevent tipping or settling. Filter Media SoeciAcations for Sand Filters. 1. The principal filler medium shall be, as a minimum, a hard, uniformly graded silica maierial with e£fecti\'e particle sizes between 0.4S md 0.55 millimeters in diameter, with uniformity co>cfAcient of 1.75. There shall be no limestone, clay or deleterious matter present. 2. 1 he principal filter medium shall be no less than 20 inches in depth with a Aeeboa.’d of no less than tweU’c (12) inches. 3. Thin* shall be no less than four grades of rock, which shall be clean, non- crushed, rounded, non-porous, non-calcareous material. 4. The total depth of the rock supporting bed shall be no le.<s than 16 inches and each grade shall be two (2) inches or greater in depth. Each layer of rock shall be leveled to prevent intermixing of adjacent grades. 5. Tlie top layer shall vary in size between one-eigliih inch and onc-quaiter inch. The next layer shall vary in size between one-quarter inch and one- half inch. The next layer shall vary in size between one-half inch and three- quarters inch. The bottom layer shall vary in size between one inch and OCT-31-01 UED 12:11 PH DEEPHAVEN CITY HALL FAXNa 18124741274 P. 08 Section 330:00 one and one-half inches. Other filter media and related filter and back^^'ash rates may be used subject to approval by the health ofGcer. Patented underdmin systems may be used provided that they give results which arc equal to or better than that above. Diaiomite Type Filters. 1. 2. Diatomite type filters shall be designed for operation under pressure or vacuum. The design capacity shall not exceed two gpm per square foot of effective filter area. The determination of the filter area shall be made on a basis of a true and effective supported septum surface. In the case of fabric septums, the area compulation will be made on the basis of measurements of tlie septum suppon in a reasonably constant plane. Area allowance shall not be granted for folds in the septum fabric or deviations in the septum surface which could easily bridge. Tlic lank containing the filter dements shall he constructed of sled, plastic or other suitable material, which will satisfactorily provide resistrnce to conosion, with or without coaling. Pressure fillers shall be designed for a v/orklng pressure equal to the shut-off head of the pump, with a safety factor of four (4). Vacuum filters shall be designed to withstand the pressiuc developed by the weight of the w'ater contained therein and closed vacuum fillets shall, in addition, be designed to willistand the crushing pressure developed under a vacuum of 2S inches of mercuiy, both with a safely factor of 3.5. In cither type filter wdicre the tank is fabricated from material which is corroded by water, then a suitable corrosion resistant coating shall be applied to retard such attack. The filter dements shall be fabricated of corrosion-resistant materials tliroughout. They shall be designed to be adequately resistant to a differential pressure between influent and effluent of not less than the maximum pressure, wdiich can be developed by the circulating pump and shall be of adequate strength to resist any additional stresses developed during the cleaning operation. The filter septum, upon which the filter-aid cake is deposited, shall be provided willi openings, the minimum dimensions of which shall be not greater than O.OOS inches. P'-ovisions shall be made to introduce filter aid into the filter in such a w'ay as to evenly precoat the filter septum before the filter is placed in OCT-31-Ol MED 12:11 PH DEEPHAVEN CITY HALL FAX NO. 16124741274 P. 09 Section 330:00 operation. The amount of filter aid shall be selected to provide at least the same protection to the filler septum as would be provided by the use of 0.1 lbs. of filter aid per square foot of filter area per 24 hours. Use of additional equipment to provide body feed to tlic filter influent is optional. Where provided, such equipment shall have the capacity to continuously and uniformly feed at a rate of not less than 0.1 lbs. of filter aid per square foot of filler area per 24 hours. The filter piping shall be designed that during the prccoaiing operation, the effluent from the filter shall be recirculated or run to waste and shall not be fed into the pool until free of filter aid. An exception to this icquircmcnt may be made if Uic filter septum is of such construction that no perceptible quantity of filter aid is introduced into tire pool when tlic cfTlucnt discharges therein. Cartridge Type Filters. Cartridge type fillers are those where the cartridge itself Is the filter aid. Cartridge filters may be either pressure or vacuum type and are subject to the same general piping and lanlt sjrecifications as diatomile-type filters. Replacement cartridges arc divided into two types: depth and area. General specifications, however, arc the same for both. Cartridge fillers shall not require the addition of any flocculating agents such as ammonium alum, aluminum sulfate or potassium alum. They shall be subject to the same requirements listed under subsecUon (a) of this section for all types of filters. All types of cartridges shall have sufficient structural strength to resist rupturing, channeling, collapsing, or bursting at a maximum pressure differential of 50 psi. Cartridge shells shall be so designed as to prevent any by-passing of unfiltcred water. If provision is made for back-washing, it shall be so arranged as to not permit any backwash water to enter the recirculating system. No residue shall be permitted to remain in the filter-housing that could be picked up in the next filtering cycle. Cartridge elements shall be of either of the following types: 1.Depth t>pc cartridges, where the porosity varies from tlie inlet to the discharge surface. They shall have suflicient depth to provide adequate dirt-holding capacity and be designed for a flow of no more titan one gallon per minute per five cubic inches of volume with a pressure drop not to exceed two psi across clean cartridges and not to pass any particular matter larger than 25 microns. Area or surface type cartridges, which rely on the surface area for their dirt-holding capacity and follow the same flow per square foot of area as diatomitc filters, namely: three gallons per minute per square fool of filler area for vacuum filters. Addltionul fS^ndarda for Cartridge Type Fillers. .. OCT-31-01 HED 12:12 P!1 DEEPHAVEN CITY HALL FAX NO. 16124741274 P. 10 Seciicn 330:00 1 . Filters shall be capable of filtering the entire contents of the pool in twelve (12) hours or less. 2. Filter capacity shall be such that it need not be cleaned more fi-'.quently than once every four days under proper conditions of water and operation. 3. All filters shall be designed so as to permit easy removing of the cartridges. Section 330:14. Recirculation Pumn-s The recirculating pump shall have sufficient capacity to provide the rated flows of tlie filter system, without exceeding the head loss at wliich Jie pump will deliver such flows. The pump motor shall not be operated at an overload which exceeds tltc service factor. The pool pump shall be equipped on the inlet side with an approved type hair and lint interceptor. The basket of the iuteiceptcr shall be non-corrosive and have an open screen surface at least four (4) times the cross sectional area of Uie inlet pipe. When the filtering and pumping equipment is installed above ground at a level below the overflow level of the pool as may be dictated by the contout of the plot on which (he pool is constructed, a valve shall be installed on the main suction line located in an accessible place outside of the walls of the pool. Section 330:16. Pool Pining, llic pool piping shall be sized to permit the rated flows for filtering and cleaning without exceeding the maximum head at v^ich the pump will provide such flows. In general, the water velocity in the pool piping should not exceed more than ten (10) feet per second. Where vclocit)’ is to exceed ten feet per second, summary calculations shall be provided to show that rated flows are possible with the pump and piping provided. The recirculating piping and fittings shall meet the following requirements: a. Where vacuum fittings arc provided, they shall be located in accessible positions below the water line. b. Pool recirculation piping, passing through the pool structure, shall be copper, brass, or approved equal tubing with a minimum wall of thickness of type "L“. c. Pool piping systems shall be constructed of materials prescribed in the City Plumbing Code. d. Installation of the pool piping, except for the pool water supply line must be done by the pool contractor subject to inspection prior to covering the system. OCT-31-01 UED 12:12 PH DEEPHAVEN CITY HALL FAX NO. 18124741274 P. II Section 330:00 Section 330-18 p»<--»rcu1atinf Skimming Devices. Rccirculatinfi skimming devices shall be provided to skim the surface of the pool, with one unit installed to serve each pool, and such additional units as may be required, to provide a minimum of one for each 600 square feel of pool water surface or fraction th.crcof. The location of recirculating skimmers and the pool inlets shall be carefully determined so that the pool inlets assist the skimming action to adequately remove the surface film on the pool water surface. When pools we irregularly or specially shaped, skimming devices shall be located in each offset. a. The recirculating skimmers shall be of sufficient total capacity to be able to remove 40% to 60% of the content of the pool; the main outlets at the bottom of the pool also to be of sufficient capacity to remove 40% to 60%. The skimming action shall be as uniform as practicable, with good circulation toward the skimmers and without "dead spots" on the pool water surface. Where skimmcr-fUter combination units are to be installed, the influent shall be regulated in such a manner as to consist of 40% to 60% passing through the skimmer section of the device and 40% to 60% of the flow from the main drain. b. It shall be possible to regulate the rale of flow though the skimming d-.vice. Each device shall be individually valved and capable of being discharged to waste. c. The floating weir in the recirculating skimmer shall be self-adjusting to vaiiaiions in pool water level over a range of at least three (3) inches. d. A device shall be incorporated therein to prevent airlock in the suction line c. An casUy removable and clcanable basket or screen sliall be provided to trap large solids. f. Skimming devices shall be built into the pool wall. Section 330:20. Inlets. Inlets shall be located so as to produce as far as possible unifonn circulation of w-atcr throughout the pool without the existence of dead spots. a. A minimum of two (2) inlets shall be required for pools, with an additional inlet for each additional 40 lineal feel cr fraction thereof of pool pcriphciy over 120 lineal feet Wlicre automatic skimmersand skimmer-filter units are used, inlets shall be installed so as to direct the flow of water in a horizontal plane to the skimming device inlet The minimum discharge depth of pool inlets shall be 10 inches below llic pool operating level. When inegular shapes are incorporated into pools, additional inlets shall be installed in each offset. b. Suitable facilities for adding make-up water as needed shall be provided. There shall be no physical connection between the water supply line and the pool system. If the make-up water is added dheclly to the pool, the fill spout shall be at least six (6) inches above the upper rim of the pool. If the make-up water ILe discharges to OCT-31-Ol UED 12:12 W DEEPHAVEN CITY HALL FAX MX 16124741274 P. 12 Section 330:00 a uurge or balancing lank, ihc point of discharge shall be at least six (6) inches above tlie rim of tlie tank. Ifa hose connection from a sill cock or other plumbing fixture is to be used for supplying make-up water, then an approved vacuum breaker shall be insialletl between the sill cock or control valve at the fixture and the hose comiection. Any sill cock used for this seivicc shall be located above ground level. No over-the-rira fill spout will be accepted unless located under a diving board or installed in a manner approved by the Health Officer so as to remove any Irazard. The systems supplying recirculated water and make-up water to the pool shall be constructed in conformance with die City Plumbing Code. Section 330:22. Main Qulleis. The main outlets, for purposes of recirculation and emptying the pool, shall be so located as to provide at least one outlet at the deepest point in the pool if the pool width docs not exceed twenty (20) feet. If the pool width is more than twenty (20) feet, multiple outlets shall be provided and spaced not more than twenty (20) feet apart, nor more than ten (10) feet from walls. All main outlets shall be equipped with gratings having an area of openings not les.s than four times the cross-sectional area of tlie outlet pipe. The gratings shall be of such design so that they cannot be readily removable by bathers and will not injure ba:hers' fingen. Pools shall be equipped with facilities for completely emptying the pool and other drainage by gravity if elevations permit, and tlie discharge of the pool water to the sanitary sewer, or other suitable disposal unit acceptable to the Community Health Board, shall be at the rate not exceeding 250 gallons per minute. No direct connection shall be made to the sewer. The outlet from the pool recirculation systems shall terminate at least six (6) inches above the receptacle connected to the sewer. The drainage system shai: be constructed in conformance with the provisions of the City Plumbing Code and under the supervision of a licensed plumber. Water drained from U. pool shall not be discharged to the sanitary sewer system during periods of rain or storms. Section 330:24. Heaters. Gas-fircd swimming pool heaters and swimming pool boilers shall bear the American Gas Association seal of approval. Oil burning equipmer* * all bear the Underwriters Laboratory seal of approval. Section 330:26. Water Sunniv. Water supplies se'.'ingall swimming pools shall be of a safe sanitary quality or otherwise acceptable to the Community Health Board. The installation of the pool water supply piping and connection to the source of supply shall be under the supervision of Q licensed plumber.1 OCT-31-01 HED 12:13 PH DEEPHAVEN CITY Ml FAX MX 16124741274 P. 13 ‘ Section 33000 Section 330:28. Tcati. All pool piping and the installation and construction of the pool piping lystem shall be in accordance with the approved plans. The entire pool pipi^ lyilem shall bo tested with an air test of 50 PSl and proved light before covering or concealing. Section 330:30. Treatment an^ Pool Water Oualilv. Gaseous chlorinating systems shall not be used as a disinfecting method for residential swimming pools. Residential swimming pools shall meet the foilowi.-.g standards: Free Chlorine. The free chlorine content shall be maintained between five-tenths (0.5) and one (1 .0) parts per million. (High-free residual chlorine may be used.) Alkalinity. Tlie pH level shall be roainlaincd at bct\veen 7.1 and 7.8. (A higher pH is permitted if high-free residual chlorination is used.) Bacteriological Quality. A sample of swimming pool water shall be considered satisfactory when the total bacterial count at 35® centigrade does not exceed 200 colonies per milliliter and no organisms of the E. Coli group are present In a 10 milliliter portion or 100 milliliter portion as determined by the membrane filter ractliod. If more than one sample out of seven collected on different dates is unsatisfactory, the baclcrial quidity of the pool water will bo considered unsatisfactory. Procedures and interpretation relating to bacteriological quality shall be done in accordance with the Standard Methods for the Examination of Water, Sewage and Industrial Wastes, 1 1th edition (1960). Section 330:32. Indicator Kit. An indicator kit capable of measuring free chlorine residuals in swimming pool water ranging fiom one-tenth to one par* • rr million shall be provided. An indicator kit capable of measuring the degree of alkalinity (pH) of the pool water ranging from 6.8 to 8.0 shall also be provided. (If high-free residual chlorination is used, kits capable of measuring higher values shall be provi^d.) Section 330:34. Rone and Anchors. A safety rope and anchors shall be provided at the water line when tlie designed pool operating water level is 4'/j feci or less. Section 330:36. Rleetrical Reouirements a AM electrical installations provided for, installed and used in conjunction with resident* J swimming pools shall conform with the City Code. b. No current-carrying electrical conductors shall cross residential swimming pools, * either overiieod or underground or within 15 feet of such pools, except as necessary for pool lighting or pool accessories. 0CT-3H)1 HED 12:13 PN DEEPHAVEN CITY HALL FAX NO. 18124741274 P. 14 Section 330:00 All metal fences, enclosures, or railings near or adjacent to residential swimming pools, which might become electrically alive as a result of contact with broken overhead conductors, or imm any other cause, shall be effectively grounded. Section 330:38 Operation and Maintenance. No residential swimming pool shall be used, kept, maintained or operated in the City, if such use, keeping, maintaining or operating shaJI be die occasion of any nuisaitce or shall be dangerous to life or detrimental to health. Section 330:40. Inspection The Community Health Board shall have authority to inspect any residential swimming pool at any reasonable time during construction and thereafter to determine whether or not tlie provisions of this ordinance regarding health, sanitation, operation and safety applicable thereto arc being complied with. The Building Inspector shall have authority to enter upon any premises as it may be deemed necessary to inspect work done and installations made under permits issued by the Building Department. Section 330:42. Lights. No lights sbaJI be installed to illuminate any swimming pool without having first received special permission therefor from the City Council, which will grant such pennission only for the following conditions: a. The lights ore shaded to reflect away from adjoining premises. b. The lights ore not a nuisance to adjoining premises or the neighborhood. c. The liglits are to be used only for emergency purposes. d. Tlie lights arc to be of a low wattage. Secdon 330:44. Location. No portion ofa swinuning pool or appurtenances thereto shall be located at a distance ler s than fifteen feet from any side or rear property line, nor in front of the building line. Section 330:46. EfiilCfiS- All swimming pools shall be completely enclosed by a non-climbing type fence. All fence openings or points of entry into the pool area enclosure shall be equipped with gates. The fence and gates shall be at least four feet in height, six feet in height in the case of above-ground pools, and shall be constructed of a minimum number eleven gauge woven wire mesh corrosion-resistant material, or other materials approved by the Building Inspector. AH gates shall be equipped with self-closing and sclf-Iatching devices placed at the top of the gate or otherwise inaccessible to small children. Fences surrounding above-ground pools shall be kept locked. All fence posts shall be decay or corrosion-resistant and shall be set in concrete bases, or other suitable protection. The openings between the bottom of the fence and the ground or oth«* surface shall not be more than four inches. i f OCT-31-Ol HED 12:13 Pit DEEPHAVEN CIH HAU FAXNa 18124741274 P. IB* Section 330:00 Section 330:48. ^fctv PrecagUons. A skilled swimracr shall be present at all times that residential swimming pools are in use. Every residential swimming pool shall be equipped with one or more throwing ring buoys not more than 15 inches in diameter and ^ving 60 feet of 3/16 inch Manila line attached, and one or more light but strong poles with blunted ends and not less than twelve feet in length for making reach assist or rescues. Diving board height above the pool water level shall be in accordance with Section 6, subsection (i). The Community Health Board may authorize greater diving board heights when it is shown tl^t such increased height will provide an equally safe diving board height-maximum pool depth ratio. Section 330:50. Other De.sign and HQ-.inment. Any swimming pool, the design and equipment of which incorporates features otlier than those set forth herein, shall be subject to review and approval by llie Health Officer in accordance with acceptable standards and in conformance with current public hcallli and safety practices. Section 330:52. Ahove-Oround Swimming Pools. Above-ground swimming pools aie prohibited except as a conditional use on specific application to the City Council for a conditional use pemiit. If a permit is granted, the above-ground pool shall comply with all requirements stated herein. Section 330:54. Penalties . Any person violating any of the provisions of this Ordinance shall be guilty of a misdemeanor and subject to a fine not exceeding S700, or imprisonment for a period not exceeding 90 days, witli costs of prosecution in either case to be added. Section 330:56. Scoarabilitv. If any section, sub-section, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent juiisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. i NOV 2 6 2001REQUEST FOR COUNCIL ACTION Uir urUHUNO DATE: November 20.2001 ITEM NO: Department Approval: Nam Lin Vee Title CiiyCkfkV Adminbtrator Reviewed:Agenda Section: City Adminisiraior's Rq»ort Item Description: Proposed 2002 Meeting Schedule Attaehnent: Proposed 2002 Orono Meeting Schedule On the attached schedule. Council meetings ore scheduled for the 2nd and 4th Monday of the month at 7:00 p.m. As in the past, only one Council meeting is scheduled in December. Note that in May and November there ore Council meetings scheduled for Tuesday because of Monday holidays. Pbnninf Commlulon is scheduled to meet the 3rd Monday of the month at 6:30 p.m. Januor>‘ and February arc the exceptions because of Monday holidays. In those months, the meeting.s will be on the third Tuesday. In past years, there has not been a meeting of the Planning Commission scheduled in December. Park Commission meeti.igs are scheduled for the first Monday of the month at 7:15 p.m. An exceptions is the September 3 meeting which has been rescheduled for Tuesday because of the Labor Day holiday. There is no Dec uber Park Commission meeting scheduled. The City schedules eleven holidays throughout the year, which are indicated with on "X” on the calendar. Staff is recommending that this year ’s floating holiday be divided between two days os follows: July S - 4 hours of holiday time. During the summer, the City has been on a summer work schedule of hours from 7:30 a.m. to 11:30 o.m. on Fridays. 4 hours of holiday time would be used with the office closed frr the entire day. December 24 • 4 hours of holiday time. The ofHce would close at noon on Christmas Eve with 4 hours of holiday time used for the afternoon. COUNCIL ACTION REQUESTED: Motion to amend/approvc/table the 2002 Mcciing Schedule. JawiRi 1 2002 city of Orono Meeting Schedule - Council Chambe. JANUARY S M T W T F S X 2 3 4 5 6 A 0 0 10 11 12 13 IS IS 17 18 10 20 23 24 25 26 27 R 29 30 31 APRIL JULY 8 M T W T F S A 2 3 X X 6 7 |»]9 10 11 12 1.3 14 16 17 18 19 20 21 23 24 25 26 27 28 29 30 31 OCTOBER S M T W T F S 1 2 3 4 5 6 A 6 0 10 11 12 13 15 16 r»18 19 20 22 23 24 25 26 27 l“l 29 30 31 KEY FEBRUARY S M T W T F S 1 2 3 A 5 €7 8 9 10 12 13 14 15 16 “ir 23 aiQiEiBEa1 1 f 1 1 MAY S M T W T F S 1 2 3 4 5 A 7 8 9 10 11 12 13 14 IS 16 17 18 19 '20'22 23 24 25 26 X |28|29 30 31 AUGUST S M T W T F S 1 2 3 4 6 7 8 9 10 11 I’4 13 14 15 16 17 18 (1^20 21 22 23 24 25 |26|27 28 29 30 31 NOVEMBER S M T W T F S 1 2 3 A 6 7 8 9 10 X hi 14 15 18 17 19 21 22 23 24 P 26 X X 30 Vr.rami Et<tUm 7:00 p.m. Council meeting 2nd A 4tb Monday 6:30 p.m. Planning Commiuion 3rd Monday 7:15 p.m. Park Commission 1st Monday Other Evrat Omcial Holiday MARCH S M T W T F s“ 1 2 3 A 5 6 7 8 0 10 12 13 14 IS 16 17 (18)19 20 21 22 23 24 l“l 26 27 28 29 30 31 JUNE S M T W T F S 1 2 A 4 5 6 7 8 9 r 11 12 13 14 15 16 18 19 20 21 22 23 25 26 27 28 29 30 SEPTEMBER S M T W T F S 1 A A 4 5 6 7 8 n w 11 12 13 14 15 (16)iV M8 19 20 21 22 |23|24 26 27 28 29 30 \ PrlMtr) |;|«Mihi 1 1 DECEMBER S M T W T F S 1 2 3 4 5 6 7 8 1*1 10 11 12 13 14 15 16 17 18 19 "2<r 21 22 23 26 27 28 29 30 31 •PLANNING CO.>L>DSblON - May through October - 1st Tuesday is an alternate meeting date. Adopted:j ••-rriNQ NOV 2 6 2001 ClIYur OfiUf^ REQUEST FOR COUNCIL ACTION Date: Item No: DqMitment Approval:Administrator Reviewed: Agenda Section: Nan)c: Title: Stephony G Chief of Polic Item Description: Police Department Grant for Snowmobile Safety Education Exhibits: None DISCUSSION 1) The Orono Po’ e Department applied for a DNR grant for law enforcement activities and public safety education. 2) A $1,000 grant has been offered and is pending council approval. 3) If approved, the police department will assign a police ofTicer as a project manager to administer the grant activities. The grant must be completed by May 30, 2002. COUNCIL ACTION REQUESTED Motion to accept DNR grant for sno\%mobile enforcement end public safety education. J TIMH NOV 2 6 2001REQUEST FOR COUNCIL ACTION tiny «-w-onu»vu DATE; November 21.2000 ITEM NO;M Dcpartaenl Approv Naac LinVec VJ Thh City CIcTfc «1:Adniabtralor Reviewed:m Otmncil A Ageada Sectfoa: Lkemes lien DcscripHon: List of Licenses for Omincil Approval Kennel License CInb On Sale Liquor Off Sale Liquor On Sale Liquor Dennis and Gail Wilder 133 1 North Arm Drive SpnngHill Golf Club 725 Sixth Avenue North Wayzala Country Club 200 Wayzala Boulevard Woodhill Country Club 200 Woodhill Road 12 Hi Liquor ?I60 West Wayzata Boulevard Navarre Liquors Inc. 3421 Shoreline Drive Narrows Saloon 3380 Shoreline Drive COUNCIL ACTION REQUESTED: Motion to approve/deny the above listed license(s). \0' KENNEL UCENSE APPLICATION Effective January ’, 200_ to December 31.200_ 0^ / Owner: f Properi/’ Address:,___ (include city and zip) Mailing Address (if different):, _________ Phone: (home) ' V? 7'(work). RESIDENTIAL Kennel License Fee: $25.00 (payment must accompany application) Maximum No. of dogs to be kept at one time: (over 6 mooths of age) (Vi Principal Breed: ytt Purpose for more than 2 does: ^ Dogs normally kept: mside____^kennel strucmre CO^DIERCIAL Kennel License Fee: $150.00 (payment must accompany application) Name of Business:_________________ Business Activities:_________________________________^____ (example: boarding, breeding, veterinary care, rcuU, etc.) Normal Business Hours:_________________________________ After Hours Contact: (name) (phone)_ Dog runs/exercise areas are: _inside outside both The undersigned hereby makes application to the Orono City Council for a Kennel License as specified cn this form; the undersigned acknowledges that a kennel license is permissive only and does net grant any authority to violate any provision of any City Ordinance or other law or regulation; the undersigned hereby grants the City permission to inspect the premises prior to license approval and at any other reasonable time durbg the license duration; and the undersign^ agrees to abide by the requirements of Municipal Code Chapter 5.36 including any special conditions imposed by the City Council as part of any kennel license approval. Applicant f Dat^/ 7 fnr dry Use Ontv Kennel inspected by Dau Recommends: Approva l Denial Owner KENNEL LICENSE APPLICATION Effective January *, 200_ to December 31, 200_ \v,' f Property Address:. MaiUng Address (if different):. (include city and zip) Phone: (home) (work) RESIDENTIAL Kennel License Fee: $25.00 (payment must accompany application) Maximum No. of dogs to be kept at one time:__2 (over 6 months of age) (V) Principal Breed: /ytcyajk^ yf Purpose for more than 2 dogs: Dogs normally kept: )/^^ide____^kennel structure COMMERCIAL Kennel License Fee: $150.00 (payment must accompany application) Name of Business:_________________ Business Activities: (example: boarding, breeding, veterinary care, retail, etc.) Normal Business Hours:___________________________________ After Hours Contact: (name) (phone)_ Dog runs/cxcrcise areas arc:____inside___^outside__^both The undersigned hereby makes application to the Orono City Council for a Kennel License as specified cn this form; the undersigned acknowledges that a kennel license is permissive only and docs net grant any authority to violate any provision of any City Ordinance or other law or regulation; the undersigned hereby grants the City permission to inspect the premises prior to license approval and at any other reasonable time daring the license duration; and the undersigMd agrees to abide by the requirements of Municipal Code Chapter 5.36 including any special conditions imposed by the City Council as pan of any kennel license approval. Applicant Date/ / far Cin Use OnN Kennel inspected by Date Recommends: Approval Denial^ Date: November 20.2001 To: ■ Lin Vcc, City Clerk From: Stephany Good, Chief of Policey^ Re: Liquor License I have reviewed the renewal application for an On Sale and Sunday Club Liquor License for the Spring Hill Golf CInb. When reviewing the files contained within the Orono Police Department, no violations were found involving liquor law. Minncvou Deptnineni of PuMk Safety Alrolial and Gambling Enbrcrmcnl 444 Cedar StRti. Suite I3J =*- St. Paul. MN 35101-5133 63I-296-M79 • TTY 63l-:82-6335 • Fm 63I-297-3M9 RENEWAL OF LIQUOR, WINE. OR CLUB LICENSE No bcente »ill be approted or releaied uaii) die S20 Retailer ID Card fee it receitcd by MN Lii)uor ConOul x: Please verify your license information contained below. MaVe corrections if necessary and sign. City Clerfc/County Auditor should subnut this signed rettewal with completed license and licensee liquor liability for the new license penod. City Clerk/County Auditor arc also required by M5. MO A .404 S. i to report any license caoccUallon. License Code HCLONSS License Period Ending 12/31/2001 |D# SBSl City/Couniy where license appiosed. (iflRAAA's name is changed, do not use this form. Contact this office.) Spring Hill Golf Club Inc. Spring Hill Golf Club Licensee Name Trade Name Licensed Location address 725 6th Ava N City. State. Zip Code Orono, MN 55391 Business Phone <612) 473-1500 I irrxsF FEES Off Sale $On Sales 100.00 Sunday S 200.00 By iigning this renewal application, applicant cciiines that there has been no change in ownership on the above named licensee. For changes In ownership, the licensee named above, or for new licensees, full applications should be used. See back of this appllcallon for further informatioa needed to complete thb renewoL ;. ' .censee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minitevou. If so. g>ve details on back of ihit application. 2. Licensee confinm that it has never had a liquor license rejected by any city/low nship/county in the stale of Minnesota. If ever reiecied, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local!. Il a revocation has occutted. please give details on die tvick of Uiis iciicwal. then sign below. 4. Licensee confirms that dunng the past five years it or ns emptoveev have not been cited for any civil or cnmuial liquor law violations. If violaiions have occunesL please give details on back of this renewal, then sign below. 5. Licensee confirms that dunng the past license year, a summons has not been issued uivder the Liquor LtabiUly Law (Dram Shop) MS 340A.802 If yes. auach a copy of the summons, then sign below. 6. Licensee confirms (hat Workers Compentaiion insurance is in effect for the full license period. Llceiur* has allachcd a liquor llabllily Insurance ceiiificate that corresponds with the license pcrhid in city/counly where license b Issued. $1004)00 In cash or securities or $1004100 surely bond mas be submitted in lieu of liquor llabllily. ^ Licensee Signature Dale t o be con^(Signature cenifies all above information to be con^and license has been approved by ciiy/county.) City CIcrk/County Auditor Signature_________________________________Date_____________ (Signature certifies that renewal of a liquor, wine or club license has been approved by the ciiy/county as stated above. County Attoovey S.graiure______________________Date County Board issued bcenses only (Signature cemfies Itccnsce u eligible for bcense). Police/Sheri IT Signature__________Dale (Signature certifies licensee or usociates have not been cited during the past five years for any stalc/Iocal liquor law violations (chmioal/civU). Report violations on back, then sign here. PS 9093-98 Date: To: From: Subject: November 13,2001 Lin Vee, City Clerk Stephany Good. Chief of Police^ Club Liquor License • Wayzata Country Club Past records involving the Wayzata Couniry Club, contained within the Orono Police Department, have been reviewed. No liquor law violations have been found. Tnercforc, I have no objection to the issuance of the Club Liquor License. ©Muinewu Dqnnibem of PubUc Safety AI coImI and GamMint Enforcvamil 444 Cedar Street. Suite 133 Si. Paul. MN 55101-3133 631-29&-W79 • TTY 631-282-6335 • Fax 631-297-3239 RENEWAL OF LIQUOR, WINE. OR CLUB LICENSE No bcrmc «nll be approved or rrleatcd uaul ihe 520 Rctatkf ID Card fee it iccn«cd by MN LM|iiat Cooiral HcwMce: Pleate %enfy your Ucense informatioo contained below. Make corrccuoiu if necesury and tign. City Cterl/Couniy Auditor ihould submit this signed renewal with completed license and licensee liquor liability for the newr license period. City Clerk/Counly Auditor art also required by M.S. 340A.404 S. 3 to report any license canccUalloii. License Code MCL0NS5 License Period Ending 15/31/5001 ID# 1196 City/Couniy where license approsed. (ItfllCMM's name is changed, do nor use this form. Contact this oRke.) Licensee Name Country Club Inc. Trade Nome Mayzata Country Club Licensed LocaUon address 200 Uayzata Blvd/BoK 151 City. State. Zip Code Orono, MN 55391 Business Phone 1955) 473-8046 100.00 . 500.00I irrvSE rFF-S off Sale S On Sale $Sunday $ By signing this renewal application, applicant certifies that there has been no change in ownership on the abose named licensee. For changes in ownership, tlie licensee named abose. or for new licensees, full applications should be used. Sec bock of this applicalion for further Information needed to compleir Ihb renewal. Appitcanfs signature oa this renewal cooBrms the folkiwloa: FaHure to report ans of Ihe fallowing will result in llnei. 1. Licensee confirms it has i»3 uueTest whatsoeser. directly or indirectly in any other liquor establishments in Minnesota. If «o. give details on back of this application. 2. Licenice confirms that it has never had a liquor license rejected by any city/township/county in the state of Muinevoia. If esei rejected, please gise details on the back of this tencwol. then sign below. 3. Licensee confirms that for the past fise years it has not had a liquor license revoked for any liquor law violation (state or local) If a revocaiiun has occuned. please give deiailv on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or lU employees have not been cited for any civil or criminal liquor law violationv. If violations base occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the post license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A 802. If yes. attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensauon insurance is in effect for the full license period Licensee has attached a liquor liabt'4t) tOturance certificate that corresponds with the license period In rily/county where license is issued. $100,000 « ash or purities or $100,000 surels bond mas be submilled In lieu of liquor liubilily. □on ♦ash or^urlllr Date /O/^g/qyLicensee Signanire ____________________________________________________________ (Signature cenifies all abose information to be and license has been approved by city/county.i City Oerk/Tounty Auditor Signature Date___________________ (Signature certifies that renewal of a liquor, wine or club license has been approved by the city/couniy as stated above. County Aitomey Signature _______ Date___________________ County Board issued licenses only (Signature cenifies licensee is eligible for license). Police/Sheriff Signature _______________________________________________________Date___________________ (Signature certifies licensee or associates have not been cited durinf the past five yean for any siaie/local liquor law violaiiOQS (chmiiul/cisil). Report violaticas oa back, then sign heie. PS 9093-98 Date:November 13,2001 To:Lin Vee, City Clerk From:Stephany Good, Chief of Police U Subject:Club Liquor License - Woodhill Country Club Past records involving the Woodhill Country Club, contained within the Orono Police Department, have been reviewed. No liquor law violations have been found. Therefore, I have no objection to the issuance of the Club Liquor License. m MinncMHj Dcpaiuneni of Public Safely Alcohol and Ganbliiig EaforcraMtil 444 Cedar Street Suite 133 StPaul. \LN 55101-5133 651O***MTV • m' 65I-282-6555 • Fx» 65I-N7-525V RENEWAL OF LIQUOR, WINE, OR CLUB LICENSE No iKcme will he apfnncu or rrlea«cd ui;ul ihr SM Reutier ID Cud lee i» iecn\rd by MN Liquor Cooiral Lktmct: Pleaic %erify your license infumutiun contained below. Malic correctioni if neceuory and sign. Cily Gerk/County Auditor should submit thi’ signed renewal with completed license and licensee liquor liability for the new license period. Clly Gerk/Counly Auditor arc also rci|uircd by hlii. 340A.404 S. 3 to report any license caoccUalion. License Code MCLONSL___________ Lwense Period Ending 12/31/2001 ID# 391 Ciiy/Couaiy where license approsed (llQCAAA's name is changed, do nut use this (unn. Contact this office.) LicenseeName Woodhill Country Club Inc. Trade Name Woodhill Country Club Licensed Location address 200 Woodhill Rd City. State. Zip Code Orono, MN SS391 Bu>inc»IW *73-7333 ‘\S>- LiCE.\SE t£ES Off Sale S On Sale $ 100.00 j ^CC.CC By signing this rencsial application, applicant certlllcs that there has tiecn no change In ossnership on the abosc named licensee. Fur changes in ownership, the licensee named abosr, or fur new licensees, full applications should be used. See back of this application for further information needed to complete Ihb renewaL AppUcanfa signature on this rnKs«al confirms the following: Failufe to report anv of the lolliiwinf will result In flan. 1. Licensee confirms it has no interest whaiv<ser. duectly or indirectly in any other liquor establishments in Minnesuu. If so. give details on back of this appl>catioa 2. Licensee confirms that it has never had a liquor license reyected by any city/tow nship^county in the state of Mmnesou. If ever reyecicd. please give details on the back of this renewal, then sign below. 3. Licensee confirms thiu for the past five years it has not had a liquor license revoked for any liquor law violation tstJte or local!. If a revocation has occuned. please give details on the hack of this renewal, then sign below. 4. Licensee confimu that lunng the past fisc years it or its employees have not been cited for any civil or criminal liquor law violations. If siolaiions have occurred, please give details on bock of this renewal, then sign below 5. Licensee confirms that dunng the past license year, a summons has not been issued under the Liquor LiabiUty Law tDram Shop) .MS 340A 802. If yes. attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance is in effect for the full license penod Licensee has attached a liquor liabHily insurance ceniflcale that corresponds with the license period in rily/counly where liceme b issued. SlOOdMW in cash or scairitlcs «r $100,000 surety boiKi mas be submitted in lieu of liqiMir Bability. Licensee Signature ^ _________Date (Signature certifies all above information to be conrect and license has been approved by city/county.) City CIcrk/County Auditor Signature _____________________________________ Date ___________________ (Signature certifies that renewal of a liquor, wine or club license has been approved by the city/county as stated abosc. County Anofocy Signanire ______________________ Date ___________________ County Board issued licenses only (Signature certifies licensee b eligible for license). Police/Shcriff Signature _________________________ Date ___________________ (Signature ccrtiries licensee or associates have not been cited during the pau five yean for any state/local liquor law violatioos (ciiinioal/civil). Repoit violations on back, then sign here. PS 9093-98 Date: ” November 9,200i To: Lin Vee, City Clerk From: Stephany Good* Chief of Police ^ Re: Off Sale Liquor License • 12 Hi Liquor Past records involving 12 Hi Liquor contained within the Orono Police Department have been reviewed. No liquor law violations have been found. Therefore, 1 have no objection to the issuance o^ the Off Sale Liquor License. Minnewiu Depwiinent of Public Sifeiy Akobol Mid GudbUng Enlbrntncnl 444 Cedar Street. Suite 133 Si. Paul. NIN 53101.5133 651 ^W>-697«^ • TTY 65I.282-6335 • FaJi 63I-2V7.3239 # RENEWAL OF LIQUOR, WLNE, OR CLUB LICENSE No »tn be jfTrmrJ « released ami the Reuiler CD C*d (ee n ivtmed by MN LK|oar ConBol LiCtHf: Please serify your license infomution contained beloss. Make currectioos if necessary and sign. City Cleti/County Audiior should submil this signed renessal wnh completed license and licensee liquor liability foi the new license period. Clly Oerk/Ccnnly Audiior are also required by .\LS, 340A.404 S. J to report any license caiKclIathNi. License Code O^SL License Pcnod Ending lS/31 /SOOt ip# 7909 Cily/Couniy where license appiosed. (ifliDftBft's name is changed, do nol use this form. Contact this office.) Licensee Name Hi Liquor Inc. Trade Name 12 Hi Liquor Licensed Location address 2160 W Mayzata Blvd City. State. Zip Code Long Lal<«» MN 55356 Business Phone 1952) 2<»9-9358 150.00LICENSE FEES: Off Sale S On Sale $Sunday $ By signing this renestal application, applicant cerimes that there has been no change in ossnership on the abtise named liceasee. For changes in ossnership. the licensee named abose. or for ness licensees, fuU applicaUons should be used. See back of this application for further information needed to complete thb rencssal. Applicant’s signalure on this renessal confirms the follossina: Faihsn? lo report anv of thf rtlllflfttlllf *lfll fTlllIt III flllfl 1 Lw-ensce confirms it has no interest wlulsocser. directly or indirectly in any other liquor csublishmcnu in .Mmnesou. If so. give details on bock cf Oils appkcauon. 2. Lwenscc confirms that it has nescr hod a liquor license rejected by any ciiyAownship^couniy in the state of .Mmnesou If eser rejected, please gise details on the back of this renewal, then sign below. 3. Licensee confirms that for the past fisc scars it has not hod a liquor license revoked for anv liquor law violation (suie or local). If a resocation has oscurred. please gise details on the back of this renewai. then sign below 4. Licensee confirms that dunng the past five years it or its employees base not been cited for any civil or cnnunal liquor law violations. If violations have occurred, please give d^ails on bock of this renewal, then sign below 3. Licensee confirms that dunng the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A 802 If yes. attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liablllly insurance certiflcale that correspoods with the license period in citv/counlv where license b issued. $I00.(MN) in cash or securities or $100,000 surety bond mas be submitted In lieu of liquor ' liability. Licensee Signature (Signalure certifies all abose infomution to be r'lnect and license has been approved by ciiy/couniy.) City Oert/Coumy Auditor S-- nature _____________________________________ Date 0,^2^|,loo\ (Signalure ceitifies that renewal of a liquor, wine or dub license has been approved by the city/;o<miy as slated above. County Attorney Signature _________________________ |Vm.. County Board issued licenses only (Signature certifies licensee b eligible for license). Police/Sheriff Signature ________Dale (Signalure ccrtjfies licensee or associates have not been cited during the past five years for any slate/local liquor law violations (ctiminal/civil). Report violations on back, then sign here. PS 9093 98 CITY OF ORONO Chack Detail Register VWidnMdcy. Nov«fnb«f 21.2001 Page 3 of 6 Chocii Amt Invoico Commont P»d CAkA 11/26/2001 HENNEPIN 6OUNTY MFOR TECH OPT E 101-41000-329 Othor Commuracabc.^ S7S 18 21107384 Total HENNEPIN COUNTY INFOS TECH OPT }7S 18 Data B am ACCOM Paid Chk« 072308 11/26/2001 HENNEPIN COUNTY TR-PROP TAXES E 101-43290-800 Spooal Proi«cts. Conbngotwy S93 67 3770 Shota E 1'*-43290-510 Land S821 90 3770ShOta Total HENNEPIN COUNTY TR-PROP TAXES S915 57 l^aKlChkS OliiM 11/2^/2601 HINSHAWS CULBERTSON E 101-41800-307 Logal-Consulling S165 00 10025354-A E 101-41600-307 Lagal-Consulling S139 00 10064066 E 101-41600-305 Lagat-Rataoof SS50 00 10140024 E 101-41600-307 Lagat-Contuibng SIIOOO 971599 Total HINSHAWS CULBERTSON S964 00 3790 Stvm Spec AaaaM 3770 Stain Prop Taa Gan Legal Pnor Period Oeo Legal Prior Penod Council MIg 2/2&01 Gen Legal Pnor Penod PNd Chkf 072400 11/26/2001 JOHNSON. RICK E 101-42110-489 OtherMoceUaneoutChargee S330 00 11/2/01 Total JOHNSON. RICK $330 00 Deer Removal 9810/2001 PaidChM 072401 11/2600011.AKE MTKA CONSERVATION OtST. E 101-41110-433 Membereh^ 8 Subacnptions $9.196 30 4|hQtr Total LAKE MTKA CONSERVATION 0I8T. $9 196 30 4lh Oir 2001 LMCO Levy Pad ChlUi 072462 11/26/2001 LA NO EQUIPMENT E 101-43000415 Other Egupment Rentals $319 50 59521 Equdnieni Rental E 10143000-402 Repavs/Maml-Auto Eque>$408 95 59816 Replaoa Hydr H om Total LANO EQUIPMENT $728 45 E 101-42110-228 Training Suppl«s $172 32 29203 Total LAW ENFORCEMENT TARGETS. INC $172 32 Taigeta PaN Chkf 072404 11/26/2001 LONG LAKE POWER EQUiPMOIT E 613-49830-221 Equpmeni Parte 8 Accaeeonee $12 12 29700 Total LONG LAKE POWER EQUIPMENT $1212 Pa«J Chka 072405 11/26/200T MEOfCA E 101-42110-131 Employer PaN Heaah 0101-21706 HoepeaiualiorvMedcai ir^ E 101-42110-131 Emptoyer PaMi Heath E 61349830-131 Employer Pad Heath E 101-43000-131 Employer Pad Heath E 101-42400-131 Employer Pad Heath E 101-42400-131 Employer Pad Heath 0101-21706 HoeptateaborVMedcal Ina E 101-42110-131 Employer Pad Heath 0101-15998 Non-Employee Heath me E 101-41500-131 Employer Pad Heath E 101-41300-131 Employer Pad Heath E 602-49450-131 Employer Pad Heath $251 04 Elect Premume-12/2001 $3 381 68 Elect Preirvume -12/2001 $2 510 47 Elect Premkime -120001 $25105 Elect PreiTWime-12/2001 $502 10 Elect Premiums -12/2001 $502 09 Elect Premwma-12/2001 $753 12 101335102552 High Premums • 12X)1 $4.449 02 101335102552 HghPiwTMjms-12X)1 $2.259 36 101335102552 High Premwma • 12X)1 $1.411 50 101335102552 High Premwma-12X)1 $251 04 101335102552 High Premwma • 12A)1 $502 08 101335102552 High Premwma - 12AI1 $25104 101335102552 High Premwma-12XM CITY OF ORONO Chtck Detail Ragitter InvolM WMnMday. November 21.2001 Pa0e4ol6 Check Amt Comment E 10M3000-131 Employer Pe*1 Heekh $502 06 101335102552 High Premiums-12101 G 101-21706HoeptaiuabonAledcai Ina $725 16 101335122565 Low Premiums-12/2001 E 101-42400-131 Employer Pe«l HeeWi $251 05 101335122565 Low Premiums-12/2001 E 101-41S00-131 Employer Paid Heath $251 05 101335122565 Low Prerrauma -12/2001 E 101-43000-131 Employer Peel Heath $251 04 101335122565 Low Premurm-120001 Total MECNCA $19 235 97 PaWChkf 072407 11/26r2001 MET COUNCIL ENVIRONMENTAL 8VC8 £602-49450-383 MWCCCurrent Chargee $34.023 33 729738 Wastewaler Servtce 12A)t Total MET COUNCH. EWVWtOlIMPaAL 8VCS $34 023 33 PaldChk* 072406 11/2612001 MN CHIEFS OF POL £0. FOUNOATI E 101-42110-201 OMoe eopphee $15 96 4«7 Relarenca Gume Total MNCHKFS OF POL. £0. FOUNOATI $1596 PaidChk* 072409 11/26/2001 MN OCPT OF REVENUE R 101-34210General Taiable Salee/Senhoe $1100 10/2001 Sales Tax lOQOOl R 101-34650Pokca Reports $12 00 10Q001 Sales Tax lOQOOl R 601-39610Misoetoneous Revenue $6100 10Q001 Sales Tax 10/2001 0601-20806Due to Govis-State Sales Tax $422 00 10/2001 Sales Tax lOQOOt 0 613-20806Due to Govts-Stale Sales Tax $507 00 tOQOOl Sales Tax 100001 Total MN DEPT OF REVENUE $1.013 00 PaidChki 072410 11/26/2001 NORTH MEMORIAL HEALTH CARE S2SOO 2964 4ih Amenriment Searches Total1 NORTH MEMORUL HEALTH CARE $25 00 PaKiChke 072411 11/28/2001 OFFICE DEPOT E 101-41900-201 Officeeuppkee S53 24 142930846 5 Pod Hub Total OFFICE DEPOT $53 24 PakJChke 072412 11/28«»1 PERRYS TRUCK REPAIR E 101-45200-223 Bld0A3ro<jnOs Maml Suppbee $74 55 25825 Pties for Gale Total PERRYS TRUCK REPAIR $7455 ^Chiui 072413 11/26/2001 QWEST £601-49400-321 Telephone $24 17 9522494600 Phone Service £602-49450-321 Telephone $56 39 9522494600 Phone Servee £101-41900-321 Telephone $725 02 9522494600 Phone Service Total QWEST $605 56 PaMiChka 072414 l1/26/20dl REUANT ENERGY-OC £613-49630-361 GaeAElectnc $55 72 539004161700 Gas Servloe-OC Total RELMNT ENERGY - OC $55 72 i>aidChka 072415 11/26Q06i iCHARBER S sons 0613-16420 111($1.065 00) 13142677 Trade in JO430 w«0* Mower 0 613-16420Fned Asset-Other equipment $4.666 00 13142877 JD 640 Loader w/4T Bucket 0 613-16420Fixed Asset-Other equipmeni $9.73064 13142877 JD 455 w 60* Mower Total SCHARBER S SONS $13,351 64 CITY OF ORONO CtMck Detail Register WMnMday. Nowtwbtf 21.2001 Pa0t5of6 ClMCh Ami Invoic* Commanl E 101-45200-223 BtOQ/OmwKte Mart Supplat S6390 211 Srgns-No Sno«rmot)4es Total MOMS Of THE MASON $63 90 Paid CUM 072417 11/26/i(k)1 SNYDER okbd STORES E 101-42110-221 Equipmaol Parts S Accatsortts $16 45 10/23A)1 Cleaner, Storage Bags E 101-42110-221 Equt>manl Parts & Accassofits $5 73 10/24A)1 Storage Bags E 101-42110-201 Omcasuppbos $42 87 1001/01 Film. Mchen SuppMs E 101-42110-221 Equfimafll Parts S Acctssonas $4042 10OO1 F*n44>ack Total SNYDER DRUG STORES $105 47 PaldClifc* 07241S 11/26^1 TRACY TRIPP PUeiS 0101-14101 Oasolma iRvantory $1.50640 90009 1400 Gals Unleaded E 101-43000-212 Motor fuols & Lubncams $66724 90009 700 Gals Omset Total TRACY TRIPP FUELS $2.173 64 PaalCArt 072410 11/26/2001 TRANSACT E 101-41000 201 Office supplies $234 42 192004 RMions. Regisler Role Total TRANSACT $234 42 PaelCMia 072420 11/26/2001 UNIFORMS UNUMITEO E 101-42110-226 OoUwig A personal eqiapmeni $49 15 90445 Cotar Insig • Hendnchs E 101-42110-226 CtoUnng S personal oqwpivieni $93 60 90504 Pants • Schoenhotf E 101-42110-226 CloltMng 6 peisonal eqwpmerrt $52 50 93640 Jacket • Hendricks E 101-42110-226 Clollung & personal equipment $50 95 95066 Pants • Percell E 101-42110-226 Clotiwig S personal equipment $39 50 97476 Shirt - Percell Total UNIFORMS UNUMITEO $285 70 PaidCNUI 072421 11/26/2001 UNITED RENTALS E 101-43000415 Other EqurtnenI Renuls $101 92 254672 Barricade Rental Total UNITED RENTALS $10192 Pa«l Olka 072422 11/26/2001 US FILTER E 60149400227 UlAty System Mart Supples $141 51 7890710 Hydrant Nut Total US FILTER $14151 PaidChka 072423 11/26/2001 VES8COINC. E 60149400403 Repairt/MamlAlisc Equip $42 23 25141 RebuM Pump Total VESSCOINC.$42 23 Pael Olka 0724it 11/26/2001 VILLAGE CHEVROLET E 60149400222 Vehicle Equrt>wnl 6 Parts $24 05 346802 Seal AsmWy ToUl VILLAGE CHEVROLET $24 05 PaidChka 072425 11/26/2001 VMOMERINC E 60149400405 Repairs/Mainl-V.atarniains/plant $2.204 50 4756 Hwy 12 Wti Mam Break Total WIDMERINC 52.284 50 Paid Olka 072426 11/26/2001 WINTERNHEMER. AUS8A E 10141300319 Other Professionat Services $155 00 23 Council Minutes • 11/13A)l ToUl WINTERNHEIMER. ALISSA $155 00 PaidCMiA 072427 CITY OF ORONO ClMcIc Ovtall R«oltl»r WMnMdiy. Nomii^w 21.2001 Pae*eo(a Clwcli Amt E101<4100&^1 GMAElKtric sues 17S192B273 340N\Mto«r E101-42000-3S1 OM&ElKthc S26017 ASocadon Elactrteal Sarvioa E001-49400-381 OasAElMUto S94 C9 ABocatton Elactrteal Sanrioa E602-40490-3ei GatSElactnc 169 53 ABocatton ElacMeal Sanrtoa To«al XCCLENEMOV $39194 10100 PrlmafyCaah $96.657 11 CITY OF ORONO Check Detail Regieter Friday. No»wT<>af 16. 2001 Pagalof 1 Chacli Amt Imroica 10100 Primary Cash Paid Chili 0610S2 100/2001 STATE TREASUREH E 101-42400-437 Training 6 Oavatopment S3000 Oman Fal BuiWmg Codas Conf-Oman Total STATE TflEASUflEft S30 00 PaalCMii 061953 10000001 UMTEO STATES POSTAL SEPVICC E 601-40400-322 Postaga $103 64 UBBis Postaga • 3rd Qtr 2001 UB E602-494SO-322 Postaga $310 90 UBBis Postage-3rd QU 2001 UB Total UNfTEO STATES POSTAL S.'ftVICE $414 54 PaidCMti 061954 10/12/2001 GEMSTONE E 101-43000-224 Stiaal Maml Malanals/Supply $64672 1116694 Camar.: Navarra SWewaA Total GEMSTONE $646 72 PaidCMii 061955 l6/1>/2001 dbUtONE E 101-43000-224 StraalMainl Malanals/Supply $45043 1121262 Camanl • Navarre SWearak Total GEMSTONE $450 43 Paw ChMI 070514 1/24/2001 WISCONSIN SCTF 0101-21712 Othar Oaductians $164 62 Record Chech 970514 Total 1MSCONSMSCTF $164 62 PaW Chhf 071969 9/10/2001 MAItmOTT 0OMNT01NN E 101-41300-437 Training 6 Oavalopmeni ($C44 96) Moorsa VoW Chech 971969 Total MAMUOTT DO1NNT01NN ($644 96) Paw ChMi 072115 10/8/2001 MMNEAPOUS COM A TECH COLLEGE E 101-42110-221 Equipmani Parts 6 Accassooas ($14 40) 9010916 Vow Chech 972115 Total MINNEAPOLIS COM S TECH COLLEGE ($14 40) Paw CWii 072376 1001/2001 BUNNET TITLE E 101-43290-510 Land 110.995 83 3770Shora Purchase 3770 Shorahna Dr E 225-45225-510 Land 120.000 00 3770Shora Purchase 3770 Shorahna Dr E 10I-43290-510 Land ($359 33) 3>70 Shota Interest on funds haW 3770 Sh Total BURNET TITIE $230 636 50 PaW Chhi 072377 iOOI/2001 bdA-WWEONLV 0 101-21719 DCA/Spandmg Acoounu $184 93 1001/01 Spandmg /tccounts tO/31 ToUl OCA-WIRE ONLY $164 93 PaW Chhi 072376 1001/2001 MN DEPT OF REVENUE 0613-20806 OuatoGovts-StalaSalasTaa $1.184 00 90001 Salas Tas 90001 R 101-34650 PoboaRaports $14 00 90001 Salas Tai 90001 R 101-34210 Oanaral Taxabia Salas/Satviea $2000 90001 Sates Tax 90001 R 601-39610 MtsoaRaneous Ravanua $29 00 90001 Salas Tax 90001 Total MN DEPT OF REVENUE $1.247 00' 10100 Prtonary Cash S233.13S 36 CITY OF ORONO Chtck Detail Rtgistor Wedfwiday. NovvfniMr 14.2001 Pag«1of 1 Chtck Arm Invoic* Cofiwiwm 10100 Primary Caih Pad ChMI 072M9 1iri4A)1 CITY COUNTY CREDIT UNION 0101-21711Ciad4UfW>n $7.340 00 SAVMGS VWH 6 TRANSFERRED Total CITY COUNTY CREDIT UMON $7.340 00 PadChki 0723^t1/14A)1 FIRST NATIONAL BANK OF LAKES 0101-21701Federal W4MwM*ig $10,562 72 FEDERAL Wm 0101-21703 FICATaaWWthoWng $4.314 77 FICA 6 MEDICARE VWH K314 77 FICA 6 MEDCR CITY SHARE Total FIRST NATIONAL BANK OF LAKES $19.192 26 PadChkS 072iiV 1W14KM ICMA RETIREMENT TRUST - 457 O 101-21705Other Retvement $300 00 DEFERRED COMP Total ICMARETIRElieNT TRUST-4S7 $300 00 PadChka 072360 11/14/01 LAW ENFORCMENT LABOR SERVICE 0101-21707Union Duee $000 UNION DUES Total LAW ENFORCMENTLAOOR SERVICE $0 00 PadChk* 072369 11/14d1 MN DEPT OF REVENUE 0 101-21702State Wdihodmg $3 935 29 STATE TAX WiH Total MN DEPT Of REVENUE $3.935 29 PedChk* 072370 11/14D1 ORCHARD TRUST CO. TRUSTEEA:UST 0 101-21705Other Reteament $1.954 66 |ym STATE RETIREMENT Total ORCHARD TRUST CO. TRUSTEEXUST $1.954 66 PadChkt 072371 11/14A)l PEBSCOfOBRA G 101-21705Other RetiremenI S20 61 OBRA DEFERRED COMP Total PEBSCO/OBRA S20 61 PadChk* 07ii/2 11/14/01 PEBSCOAIS CONF OF MAYORS O 101-21705Other Retirenienl $2,497 00 USCM - ENTITY 2339 Total PEBSCOAJS CONF OF MAYORS $2.497 00 PadCMdl 072373 11/14/01 PUBLIC EMPLOYEES RETIREMENT 0101-21704PERA $6.417 96 PERA CITY SHARE 0 101-21704PERA $4,926 73 PERA EMPLOYEE W/H Total PUBUC EMPLOYEES RETIREMENT $11 34671 Pad Chk# 072374 11/14101 UNITED WAY G 101-21708United Way $24 00 CHARITY DONATIONS Total UNITED WAY $24 00 0101-21712 Other Otductions Total WISCONSIN SCTF S1B4 62 S1S4 62 XIHNSONf 000275S89S 10100 PrtmafyCaah $46.79917 CITYOFORONO check register 1 54 PM Psgil OMek Number Empicyee N«n»e 050387 DOOOE.RACHELM 050388 JOHNSON. MARY ANN 050389 LESKINCN. DENISE M 050390 MOORSe,RONAU)J 090301 VEE.UNOAS. 090392 KUEHN, THOMAS M 090393 OLSON. RONALD J 050394 PETTIT. SANDRA K. 090395 ANDERSON. BRUCE L 090390 BOBZIEN.SUEA 090397 BORIS. SCOTT W. 090398 BUOKJ. STACIE M 090399 CARLSON.MICHAELS 050400 CORNICK, JAMES L. 090401 DEMBOUSKJ. JAY C 090402 ERICKSON. KURT R 050403 FARNIOK. CORREY L 050404 FISCHENICH. DAN T 050405 FISCHER. CHRISTOPHER K 050406 OOOO. STEPHANY R 090407 HENDRICKS. RONALD J 050406 JOHNSON. BRADLEY P. 050409 JOHNSON. JEFFREY 050410 MAOSON. ADRIENNE M 050411 MCNALLY. STEVEN A 050412 MCNICHOLS. DAVID L 090413 MOROWCZYNSKI. JAMES 050414 PERSELL. WILLIAM R 050415 SCHOENHOFF.JOHNS 050416 TOMCHECK. LAWRENCE F 090417 TOMC2YK.MARKW 050418 WITTKE. ANTHONY A 050419 ARNESON. JOSHUA A. 050420 LEE. JOSEPH P. C90421 BOLTERMAN. MATTHEW A. 090422 BOTTENBERG. WENDY C 050423 DAVIS. MARC L 050424 GAFFRON. MICHAEL P 090429 GAPPA. GREGORY A. 090426 MEYER. WILLIAM C 090427 OMAN. LYLE E. 050428 WEINBERGER. PAUL E. 090429 BRINKHAU8.JOHNF. 090430 OEBAERE. DONALD L 090431 GREGORY. JAMES D. 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 Chech Chech Amount Dale Chech Statue 994900 11M4«1 Outttendbig 998241 11/14101 Oulsiafldbig 971990 I1/14A)1 Outatandhig 91.79510 11/14A)1 Ouistandhig 9U7014 11/14A)1 OulMantfng 91.07324 11/14A)1 OutatamMng 936 32 11/14AI1 Outstandhtg 938703 11/14101 Outatandhig 9349 84 11/14A)1 Outstandng 9716 74 11/14AJ1 Outstanding 91.173 92 11/14A)1 Outstanding 970441 11/14A)1 Outstandhig 919349 11/14A)1 Outstanding 91.668 82 11/14A)1 Outstanding 91.48365 11/t4A)1 Outstanduig 91.332 39 11/14.01 Outstandng 92.017 04 ll/14A)l Outstandtfig 91.373 83 11/t4A)1 OuUMndmg 91.301 29 11/14A)l Outstandmg 92.008 77 11/14/01 Outstandhig 9955 89 t1/14A)1 Outstandhig 91.65945 11/14A)I Outk.'idlng 91.16360 11/I4AI1 Oirtstandmg 949908 11/14/01 Outstantfng 91.328 10 11/1401 Outslandng 9540 28 11/1401 Oulstandhig 91.990 91 11/1401 Outelandlng 949964 11/1401 Outstaneng 91.427 96 11/1401 Omstan«ng 926992 11/1401 Oulstan«ng 91.42039 11/1401 Outstanding 91.29027 11/1401 Outstanding 9639 95 11/1401 Outstandng 9276 53 11/1401 OutstandHig 9977 64 11/1401 Outstanding 91.064 79 11/1401 Outstanding 91202 97 11/1401 Outstandng 91.285.92 11/1401 Outstanding 91.645 6! 11/1401 Outstanding 9461 92 11/1401 OutstandHig 914019 11/1401 Outstandhtg 91.38719 11/1401 OutstandHig 91131 92 11/1401 Outstanding 91.07912 11/1401 Outstandhtg 970339 11/1401 OuMMndno CITYOFORONO check register 11/IMt 1 MPM P>9t2 Owdi Numbar InptoirM Notw Pwloi dwell IMaCtwcIi Status 0S04U 0SO433 050434 050435 050436 050437 050436 050439 060441 HANSEN. STEVEN OBERAIONER. SCOTT 0 OBRIEN. RANDY L PAUIER GREGORY A^ RATNBUN. BARRY J SKREEN. DALES ABRAHAMSON, FRED W OAS.DAMELO. ROSS. JOHN A STEFFENHAGEN. RONALD 23 23 23 23 23 23 23 23 23 23 997542 9614.93 9971.47 9769 92 91,166.37 91.00677 99077 92901 944.62 91.27069 11/146)1 OuMmdbig 11/146)1 OiiUtwMlng 11/146)1 OuMvidlng 11/146)1 Outslandbig 11/146)1 OutttananQ 11/146)1 OuMandbig 11/146)1 OuMandbig 11/146)1 OuMandbig 11/146)1 OtiMandtaig 11/146)1 Ouutandbig 992.754 19 RLTER: ((yoar-^l* Bfid Ipay perfod] in (23))) and (pay group) in fOV) HOV 2 6 M®' information ITEMS COUNCIL MEETING 2 6 2001 CllYoronuivu GlTYoTORONO MankiiMl Offica Prntmtti: 2750 Ktllty Pwfcway OrOM, MN SS3S6 HaHncMinu: P.O. Bai 66 CnfStH lir. MN 5S32MQ66 November 20,2001 Mr. James Anderst 2320 Areola Lane Minnetonka Beach MN S5391 Dear Jim; The Orono City Council and Parks Commission would like to extend their thanks and appreciation for all of your hard work and efforts to improve the Orono Parks system. Thank you for your generous donation of proceeds from the golf tournament and your volunteer work to help make the Navarre Park Improvements project a success. Your effoiu in obtaining the support of the business community for continued improvement of the Navarre area has been outstanding. Again, thanks for all of your hard work in continuing to improve the Orono Parks and Navarre neighborhood. Sincerely; Gregory A. Gappa Director of Public Services ‘MephMe(fS2)24MiM • rai(M|)24M<ll TO;Mayor Peterson and Council Members FROM:Ron Moorse, City Administrator DATE:November 21.2001 SUBJECT:WorkseslioD Dates and Times NOV 2 6 2001 Cl IY U^ The two Thursdays I suggested as Worksession dates do not work for the full council. Please check whether early Friday afternoon on November 30 or December 7 would work for you. Another possibility is 5:00 p.m. on Monday. December 10-just prior to the Council Meeting. Mayor Peterson and Council MembersTO: FROM: DATE: SUBJECT: Proposed Purchase Agreement/Ofler Received On City'Owned Parcel Ron Moorse. City Administrator November 2 1 ,2001 NOV 2 6 2001 CITY U^ Ofioiyy I have attached a purchase agreement submitted by a group interested in building a medical office building on the City ’s parcel at the comer of Highway 12 and Old Crystal Bay Road. November 11.2001 To: City ofOrono Re: Proposal of Professional Properties of Orono LLP for 2765 Kelley Parkway The site of approximately 2 acres is an ideal location for a Professional Mcdical/Dental facility. Outline of Proposal: 1. Construct a traditionally styled I stor>’ facility with partial Hip or Gabled roof and dormers. Architecturally compatible with the City Hall & Police building across the street. 2. The building will be approximately 15000 square feet 3. Parking and access would be off Kelley Parkway. 4. Two of the Partners, Karl Berg a Family Practice Dentist, and William Kotteman an Orthodontist, will be tenants of the building. 5. The remainder of the building will be leased to Medical & Dental related Professionals. The attached information includes a drawing of a facility in Maple Grove that Mr. Kotteman is an owner/occupant. The principals have had preliminary meetings with architectural firms that specialize in smaller medicaLdcntal facilities and are prepared to prov ide drawings, exterior and landscape proposals after acceptaiKe of the offer to purchase the land. The principals will provide additional financial and mortgage approvals for land and construction purchase as required upon acceptance of the offer to purchase the land. The Principals of Professional Properties of Orono LLP are Karl Berg, William Kotteman and Robert Riner. L THE PRINCIPALS OF PROFESSIONAL PROPERTIES OF ORONO: Karl Berg Address: 2112 Sugarwoods Drive Orono.MN 55356 Phone No.: H: 952-449-9020 W: 763-588»8426 William Kotteman Address: 835 Partonwood Rd. Orono.MN 55356 Phone No.: H: 952^71.7485 W: 763-420-6834 Robert Ritter Address: 3260 Bohns Pt. Ln. Orono.MN 55391 Phone No.: W: 952.475.8050 C: 612.382.Q24I r Fotm No COMMCRCIAl. FA Purchase A greement / PAGE 1 MINNESOTA COMMERCIAL PURCHASE AGREEMENT BEFORE YOU USE OR SIGN THIS CONTRACT. YOU SHOULD CONSULT WITH AN ATTORNEY TO DETERMINE THAT THIS CONTRACT ADEQUATELY PROTECTS YOUR LEGAL RIGHTS. 1. PARTIES. This Purchase Agreemenl is made on November 13.2001. by and betwe«n City of Orono. P O Box 66. Crystal Bay. MN SS323 0066. SELlF.R, and Professional Properties of Orono LLP or itr. assigns. 13988 Maple Knoll Way #102. Maple Grove. MN 55369-7004. BUYER 2. OFFER/ACCEPTANCE. Buyer offers to purchase and Setter agrees to sell real property lepally descnbed as Lot 1, Block 1. Willow Properties Addition located at 2765 Kelley Parkway. City of Orono. County of Hennepin. State of Minnesota 3. ACCEPTANCE DEADLINE. The acceptance date of this Agreement is the date it is delivered by the last party signing to the other party This offer to purchase, unless accepted soorter. shall be void at 11 59 P M . December 14. 2001. and in such event all earnest ntoney shall be refunded to Buyer 4. PERSONAL PROPERTY INCLUDEO IN THE SALE Title to personal property passes to Buyer by a bill of sale Any personal property to be included m the sale must be listed here The following items of personal property owned by Seller and currently located on the real properly are included in this sale all of the personal property situated in or about the Real Proper^ owned by Seller' and used in the maintenance or operation of the Real Property: Seller's interest as lessor in all of the leases desaibed on Exhibit ‘'A” ("Leases'*). Seller's interesi in the service and maintenance contracts, equipment leases and other contracts regarding the Real Property. Fixtures, and the Personal Property described on Exhibit “B” rContracts”). Seller's interesi in the permits and licenses necessary to use and operate the property, as descnbed on Exhibit ‘‘C ("Permits and Licenses"). Seller's interests in all warranties and guaranties given to. assigned to or benefiting Seller or the Real Property. Fixtures, or the Personal Properly regarding the acquisition, construction, design, use. operation, management or maintenance of the Real Property and the Personal Property CWarranties'). all originals and copies of the surveys, as-built bluepnnts. plans and specifications regarding the Real Property. Fixtures, and the Personal Property in Seller's possession, if any f Plans"), all records of Seller regarding the Real Property and the Personal Property, including all records regarding ownership, operation, management and leasing of the Property, including without limitation, current real estate tax statements and special assessment notices, insurance policies, information regarding tenants, arid records of maintenance, repairs, services and capital improvements to the Property, but excluding tax returns and such other records as are normally viewed as confidential, provided that such other records are not necessary, in Buyer's reasonable judgment, to the continued operation, management and leasing of the Real Property and the Personal Property ("Records"), and the following additional personal property Land Sale Only Buyer will accept the property 'as is" in its condition at the time of closing At closing or prior to closing. Seller shall provide for payment of. satisfaction of. or release of any existing liens, claims, or encumbrances on the personal property or fixtures, except for the following encumbrances which Buyer accepts or assumes [list hem} Norve 5. PRICE AND TERMS. The price for the real and personal property included in this sale is Four Hundred Thirty Five Thousand Dollars ($435,000 00 ) which Buyer shall pay as follows Earnest money of $25,000 00 by Check, receipt of which is hereby acknowledged (to be deposited the next business day after acceptance in trust account of listing broker, unless otherwise speafied in writing) and $62,000 00 cash within 30 days of final approval of buyers plans and specs for building to be constructed on said lot The balance of $348,000 by financing as shown on the attached Financing Addendum 6. DEEOfMARKETABLE TITLE. Upon performance by Buyer. Seller shall execute and deliver a Warranty Deed, joined in by spouse, if any. conveying marketable title, subject to A. Building and zoning laws, ordinances, state and federal regulations. B. Restrictions relating to use or improvement of the property without effective forfeiture provisions, C Reservation of any mineral rights by the Stafo of Minnesota. O Utility and drainage easements which do not interfere with existing improvements, E. Exceptions to title vrhich constitute encumbrances, restrictions, or easements which have been dtedosed to Buyer and accepted by Buyer in this Purchase Agreement (must be specified in writing ) ronn No xowyitNCUU f* PURCHASE AGREEMENT / PAGE 2 7. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes due and payable in and for the year of dosing shall be prorated between Seller and Buyer on a calendar year basis to the actual dale of closing, unless otherwise provided in this Agreement If tax statements for such taxes are not available on the date of closing, the amount to be prorated shall be 100% of the prior year's taxes, and such estimated prorabon shall be FULL AND FINAL BETVVEEN SELLER AND BUYER. SELLER SHALL PAY on Date of Closing all installments of special assessments certified for payment with the real estate taxes due and payable in the year of closing SELLER SHALL PAY ON DATE OF CLOSING all other installments of special assessments levied as of the date of this agreement and not yet certified for payment with the real estate taxes SELLER SHALL PROVIDE FOR PAYMENT OF special assessments pending ns of the dale of this agreement for Improvements that have been ordered by the City Council or other goxernmental assessing authorities (Seller's provision for payment shall be by pay nrenl into esaow of 1: times the estimated amount of the assessments ) As of the date of this Agreement. Seller represents that Seller has not received a Notice of Hearing of a new public improvement project from any governmental assessing authonty, the costs of which project may be assessed against the property If a special assessment becomes pending after the date of this Agreement and before the date of closing. Buyer may. at Buyer's option A Assume payment of the pending special assessment without adjustment to the purchase agreement pnce of the property, or. B Require Seller to pay the pending special assessment (or escrow for payment of same as provided above) and Buyer shall pay a commensurate increase in the purchase pnce of the property, which increase shall be the same as the estimated amount of the assessment, or. C Declare this Agreement null and void by notice to Seller, and earnest money shall be refunded to Buyer SELLER SHALL PAY ON DATE OF CLOSING any deferred real estate taxes or special assessments payment of which IS required as a result of the closing of this sale Buyer shall pay real estate taxes due and payable in the year following closing and thereafter and any unpaid special assr- isments payable therewith and thereafter, the payment of which is not otherwise provided herein Seller makes no representation concerning the amount of future real estate taxes or of future special assessments B. DAMAGES TO REAL PROPERTY AND CONDEMNATION. If. prior to the Closing Date, all or any part of the Property IS substantially damaged by me. casualty the elements or any other cause. Seller shall immediately give notice to Buyer of such fact and at Buyer's option (to be exerosed within 30 days after Seller's notice), this Agreement shall terminate, in which event neither party will have any further obligations under this Agreement and the Earnest Money, together with any accrued interest, shall be refunded to Buyer If Buyer fails to elect to terminate despite such damages, or if the Property is damaged but not substantially. Seller shall promptly corTvnence to repair such damage or destruction and return the property to its condition prior to such damage If such damage shall be completely repaired prior to the Closing Date then there shall be no reduction in the Purchase Price and Seller shall retain the proceeds of all insurance related to such damage If such damage shall not be completely repaired prior to the Closing Date but Seller is diligently proceeding to repair, then Seller shall complete the repair after the Closing Date and shall be entitled to receive the proceeds of all insurance 'elated to such dairrage after repair is completed, provided. hc>vcver. Buyer shall have the nght to delay the Closing Date until repair is completed If Seller shall fail to diligently proceed to repair such damage then Buyer shall have the right to require a closing to occur and the Purchase Price (and specifically the cash portion payable at the Closing Date) shall be reduced by the cost of such repair, or at Buyer's opton. the Seller shall assign to Buyer all nght to receive the proceeds of all insurance related to such damage and the Purchase Price shall remain the same For purposes of this Section, the words '‘substantially damaged” mean damag'} that would cost $5,000 00 or more to repair If. prior to the Closing Date, eminent domain proceedings are commenced against all or any part of the Property. Seller shall immediately give notice to Buyer of such fact and at Buyer's option (to be exercised within 30 days after the date of Seller's notice). I « Agreement shall terminate, in which event neither party will have further obligations under this Agreement and the earnest Money, together with any accrued interest, shall be refunded to Buyer If Buyer shall fail to give such notice then there shall be no reduction in the Purchase Pnce. and Seller shall assign to Buyer at the Closing Date all of Seller's nghL title and interest in and to any award made or to be made in the cornfemnation proceedings Pnor to the Closing Date. Seller shall not designate counsel, appear in. or otherwise act with respect to the condemnation proceedings without Buyer's prior written consent 9. SELLER'S BOUNDARY UNE. ACCESS. RESTRICTIONS AND LIEN WARRANTIES. Seler warrants that buildings, if any. are entirely within the boundary lines of the property Seller warrants that there is a right of access to the real property from a public right of way Seller warrants that there has been no labor or material furnished to the property for N* tfOMMRCUl M Purchase A creement / PAGE 3 which payment has not been made Seller warrants that them are no present violations of any restrictions relating to the use or improvement of the property. These warranties shall survive the delivery of the deed or contract for deed Seller represents that Sefler does not know if there are historicai. native American, or archeologicai materials on or in the suhfect property that might be protected by law 10. CONDITION OF THE REAL PROPERTY. A Seller warrants that all fixtures, heating and air conditioning equipment fireplaces (induding mechanisms, dampers, flues, and doors), wiring, and plumbing used and located on the real property will be in working order on the Date of Closing. (See 4 .C . above, for definition of ‘in working order") Seller represents that the property has / has not had a wet basement or water in the basement Seller discloses that the roof has / has not leaked Seller warrants that the property is connected to oty sewer. YES. oty water. YES Selle' shall remove all debns. trash, rubbish, garbage, rubble, and yard waste from the land before the possession date Seller shall remove all trash, garbage, and miscellaneous discarded materials from the buildings, and shall leave the buildings in "broom clean" condition before the possession date. Seller shall remove all personal property not included in this sale from the real property before possession date Seller has not received any notice from any governmental authority as to the existence of any Dutch elm disease, oak wilt, or other disease of any trees on the real property B Seller knows of no hazardous substances or petroleum products having been placed, stored, or released from or on the real property by any person in violation of any law. nor of any underground storage tanks having been located on the real property at any time, except as follows None C. Seller knows of no wetlands, flood plain, or shoreland on or affecting the property, except as follows None [Check the box if the following provision applies to this Purchase Agreement ] ADDENDUM TO PURCHASE AGREEMENT: WETLANDS, SHORELAND AND FLOOD PLAIN DISCLOSURE M S B A Real Property Form No. 8 (1997). is included as an addendum to this Purchase Agreement D. Seller's warranties and representations contained in this paragraph 10 shall survive the delivery cf the Deed or Contract for Deed Any notice of a defect or claim of breacii of warranty must be in wnbng and any such notice with respect to matters referred to in A. above must be given by Buyer to Seller within one year of the Date of Closing or be deemed waived E. Bu>er shall have the right to have Inspections of the property conducted prior to closing Unless required by local ordinance or lending regulations. Seller does not plan to have the property inspected Otner than the warranties and representations made in this paragraph 10. the real property and fixtures included in the sale are being sold ‘AS IS‘ with no express or implied representations or warranties by Seller as to physical conditions, quclity of construction, workmanship, or fitness for any particular purpose (This paragraph is not intended to waive or limit any provisions of Minn Stat . Chapter 327A ) 11. DISCLOSURE OF NOTICES. Seller has not received any notice from an^ governmental au'honiy as to violation of any law. ordinance or regulation If the property is subject to restrictive covenants. Seller has not received any notice from any person as to a breach of the covenants 12. SELLER'S AFFIDAVIT. At closing, Seller shall supplement the warranties and representations in this Purchase Agreement by execubng and debvenng a Minnesota Uniform Conveyancing Blank [Form No. 116-M, 117-M, or 118 M) Affidavit of Seller. 13. POSSESSION. Seller shall deliver possession of the property not later than date of closing All interest, fuel oil. liquid petroleum gas. and all charges for city water, city sewer, electricity, and natural gas shall be prorated between the parties as of. None 14. EXAMINATION OF TITLE. To demonstrate that SeOer-s bde is good and marketable of record, within a reasonable time after acceptance of this Purchase Agreement Sefler Shan furnish Buyer with an Abstract of Title or a Registered Property Abstract cerblied to date including proper searches covering bankruptcies and state and federal judgments, federal court judgment liens in favor of the U S., liens, and levied and pending special assessments Buyer shall have ten (10) business days after receipt of the Abstract of Title or Registered Property Abstract either to have Buyer's lawyer examine the ttle and provide Sefler with written objections or, at Buyer's own expense, to make an application for a title r fwm Mo SCOMMMCUU. FA Purchase A greement / PAGE 4 insurance policy and notify Seller of the applicabon Buyer shall have ten (10) business days after receipt of the Convnitment for Tide Insurance to provide Seller with a copy of the Cfomnutment and wntten objections Buyer shall be deemed to have waived any title objections not made within the ten (10) day penod above, except that this shad not operate as a waiver of Seller's covenant to deliver a statutory Warranty Deed, unless a warranty Deed is not specified above. If Buyer obtains title insurance. Buyer is not waiving the right to obtain a good and marketable title of record from CjUlor U.C.C. SEARCHES. Seier shall deliver with the Abstract a report of UCC Searches made of the Uniform Commercial Code records of the Secretary of State and of the county rucorder, made by either said Seaetary of State or by a search firm acceptable to Buyer, showing no UCC filings regarding any of the Property IS. TITLE CORRECTIONS AND REMEDIES. Seller shaU have 120 days from receipt of Buyer's wntten title objections to make title marketable Upon receipt of Buyer's title objections. Seiler shall, within ten (10) business days, notify Buyer of Seller's intention to make title marketable within the 120 day penod Liens or encumbrances for liquidated anwunts which can be released by payment or escrow from proceeds of closing shall not delay the closing Cure of the defects by Seller shall be reasonable, diligent, and prompt Pending correction of title, al payments required herein and the closing shall be postponed A. If noL'H) IS given and Seller makes title marketable, then upon presentation to Buyer and proposed lender of documenu.*>on establishing that title has been made marketable, and if not objected to in the same time and manner as the original title objections, the closing shall take place within ten (10) business days or on the scheduled closing dale, whichever is later B. If notice is given and Sefie. proceeds in good faith to make title marketable but the 120 day penod expires without title being made marketabk , Buyer may declare this Purchase Agreement void by notice to Seller, neither party shall be liable for damages hereunder to the other, and earnest money shall be refunded to Buyer. C. If Seller does not give notk e of intention to make title marketable, or if notice is given but the 120 day period expires Without title being made marketable due to Seller's failure to proceed in good faith. Buyer may seek, as permitt^ by law. one or more of the foil iwing 1. Proceed to closing without waiver or merger in the Deed of the objections to btle and without waiver of any remedies, and may: (a) Seek damages, costs, and reasonable lawyer's fees from Seller as permitted by law (damages under this subparagraph (a) shall be limited to the cost of cunng objecbons to btle. and consequential damages are excluded), or (b) Undertake proceedings to correct the objections to btle; 2. Rescission of this Purchase Agreement by notice as provided herein, in which case the Purchase Agreement shall be null and void and all earnest money paid shall be refunded to Buyer. 3. Damages from Seller together with costs and reasonable lawyer's fees, as permitted by law. 4. Speofic performance within six months after such right of action arises D If btle IS marketable, or is made marketable as provided herein, and Buyer defaults in any of the agreements herein. Seller may elect either of the following options, as permitted by law: 1 Cancel this contract as provided by statute and retain all payments made hereunder as bquxlated damages The parties acknowledge their intentior. tnat any note given pursuant to this contract is a down payment note, and may be presented for payment notwithstanding cancellation: 2 Seek specific performance within six months after such right of action arises. Including costs and reasonable lawyer's fees, as permitted by law E If bUe IS marketable, or is made marketable as provided herein, and Seller defaults in any of the agreements herein. Buyer may. as permitted by law 1 Seek damages from Seller including costs and reasonable lawyer’s foes, 2 Seek speafic performance within six months after such right of action anscs. 18. NOTICES. AU notices required herein shaM be in wnbng and delivered personally or mailed to the address as shown at Paragraph 1. above and if mailed, are effective as of the date of mailing Purchase A greement / PAGE SrufmNo iCOMMIIKtAi PA 17. SUBOtVISION Of LAND. If Ihis sale cooslitules or requires a subdivision of laiKl owned by Seier. Seller shad pay aa subdivision expenses and obtain all necessary governmental approvals Seller warrants that the legal descnpbon of the real property to be conveyed has been or will be approved for recording as of the date of closing 18. MINNESOTA LAW. This contract shall be governed by the laws of the State of Minnesota 19. WELL DISCLOSURE. ChecK one of the following X Seller certifies that Seller does not know of any wells on the descnbed real property ___Wefls on the subject real property are disclosed by Seller on the attached Well Disclosure form. 20. SEWAGE TREATMENT SYSTEM DISCLOSURE. [Che :k either A or B } X_ A. Seller certifies that sewage generated at the property goes to c facility permitted by the Minnesota Pollution Control Agency (for example, a cit> or muniapai sewer system). ____ B. Seller certifies that sewage generated at the property does not go to a facility permitted by the Minnesota Pollution Control Agency and Seller-s Disclosure of Individual Sewage Treatment System is attached (attach form) [Chock either C or D J ____ C. Seller does not know if there is an abandoned individual sewage treatment system on the property X D. Seller knows that there are no abandoned individual sewage treatment systems on the property If Selter discloses the existence of an abandoned individual sewage treatment system on the property, then Minnesota law requires that the location of the system be disclosed to Buyer with a map [Attach ^llor-s Disclosure of Individual Sewage Tiealment System with map completed J 21. ADDITIONAL TERMS. A. CONTINGENCIES. This purchase agreement is hereby expressly made subject to the following contingencies which must be performed or occur on or before the date of closing of this transaction or such other date or dates specified herein, which date or dates of performance and occurrence Is and are hereinafter respectively called "performance dale" or "contingency dale " (1) BUYER'S DEVELOPMENT EVALUATION. This purchase agreement is contingent upon Buyer obtaining by February 28.2002. all necessary approvals, architectural reviews, licenses, zoning, conditional use pemvts. vanarKes. building permits, environmental permits, environmental approvals, and all other rrecessary permits, licenses and approvals (or has obtained reasonable assurances acceptable to Buyer, in its sole discretion, that such approvals will be available) for the contemplated development Buyer agrees to proceed expeditiously to obtain such approvals and/or assurances Seller will cooperate and assist Buyer in the preparation and prosecution of applications for rezoning. necessary licenses, conditional use permits, variances, building permits, environmental jjermits. and alt other necessary permits for the development of said property as Buyer may determine to be necessary, but at no cost to Seller (a) Sods This purchase agreement is also contingent upon Buyer determining within 30 days after acceptance of this agreement that the proposed development can be constructed on the property without the use of piling or similar extra ordinary land preparation steps which would make >t financially impractical for Buyer's intended use All soil tests and other tesU- and inspections shall be conducted in such a manner so as to prevent any damage to the property Buyer agrees to proceed expeditiously to determine the soil conditions of the property and make the necessary calculations Buyer will promptly pay for all services rendered in conducting such tests and inspections and will not allow ariy mechanic's liens to attach to or be filed against the property. Buyer will indemnify Seller from and against all suet costs, expenses and liens Buyer and its duly authorized agents, shall have the nghi during the penod from the date of this agreement through closing and thereafter, to enter in and upr'o said property in order to make such surveys, measurements, soil tests, and other tests thereof and thereon as Buyer shall deem necessary. If soil testing reveals soil conditions unable to support a foundation using standard construction techniques, this agreement is null and void at the buyers option If additional foundation or sod coneebon is required on the site, the parties agree to either renegotiate this contract or reimburse buyers for their actual cost of soil investigations up to S3,0(X}.00 and declare this contract null and void Upon this declaration both parties will sign cancellation papers and earnest money along with soil testing costs, up to the limitation, will be returned to buyers (b) Government Approval On or before the Contingency Date. Buyer shaB have obtained aO appropnate governmental approvals and permits necessary, in Buyer's sole discretion, to construct and operate the Proposed Use, which approvals may include, without limitation, appropriate zoning, conditional use permits, curbeut and other access vcoMMincuarA Purchase A greement / PAGE 6 permits, signage permits, building permits, required licenses, and site plan approval. Seller shall without charge to Buyer cooperate in Buyer's attempts to obtain all such governmental approvals Seller shall further execute such rezoning appbcaborts. ^ns. environmental worksheets and other documents as may be required by governmental bodies to accomplish the foregoing. (c) Road a nd Utilities Buyer shall have determined, on or before the Contingency Date, that (a) the Property is or will be within a time period acceptable to Buyer, serviced by all necessary utilities in order to support Buyer's Proposed Use, including without limitation water and gas mams, electric power lines and sanitary and storm sewers and (b) aH access to and from pubkc road systems necessary to adequately service Buyer's Proposed Use. including without limitation, median cuts, curb cuts, changes in road and changes in access points, are or will be constructed and that Buyer will have satisfactory access thereto, all without cost to Buyer UTILITIFS SELLER S UTILITIES REPRESENTATIONS AND BUYER-S CONTINGENCY Seder represents Viat • city sewer is available to the property through a service stub at the public nght-of way frontage line, ft city water is available to the property through a service stub at the public right-of-way frontage line, $ electnoty: is available to the property through a service stub at the public nght-of-way frontage line, ft natural gas is avai'able to the proper^ through a service stub at the public nght-of-way frontage line, ft telephone is available to the property through a service stub at the public right-of-way frontage line fCHECK EITHER (1) OR (2) J (1) Buyer is Not Relying on Selier's Representations. The price offered by Buyer in this Purchase Agreement does not reflect an y relianc e upon any representations made by Seller as to the location or availability of utilities Buyer's obligation to close under this Purchase Agreement is contingent upon Buyer obtaining, at Buyer's expense, venfication that utilibes can be provided to the property at costs which are reasonable for Buyer This contingency shall be satisfied by [datoj______________________or be deemed waived NOTE: Unless the followtng costs and charges have been assessed against the property prior to the date of this Purchase Agreement by the governmental unit having jurisdiction (and therefore already covered by the provisions for payment of special assessments). Buyer shall assume the payment of municipal charges for development on. construction on. or improvement of the property related to access fees, connection fees and "hook up" fees for connections to sewer, water, and other ubiities _X (2) Buyer is Relying on Selier' s Affirmative Representations. The price offered by Buyer m this Purchase Agreement reflects that Buyer is relying upon Seller-s affirmative representations that the utilities are available as indicated by Seller above Buyer's obligation to close under this Purchase Agreement is conbngent upon Buyer venfymg. at Buyer's expense, without disturbing any soil, that ubiities are avaitable as represented by Seller. Buyer's good faith investigation to satisfy this contingency is limited to (I) physical inspection of the property: (ii) inspection of available, local public records, or. (iii) utilization of Gopher State One Call (Metro 612- 454-0002. Out state 1-800-252-1166] Buyer-s investigabon shall be completed by December 31.2001 or this contingerKy shall be deemed waived Buyer's Investigation./check the following conditional statements that apply to this Purchase Agreement / X If Buyer’s investigation shows that the utilibes are not available as represented above by Seller, or. __ if the utilibes are not in the locabons as represented above by Seller, or. __ if the ubiities cannot be located without disturbing the soil. and if Buyer chooses not to waive this contingency, then Buyer shall notify Seller of these circumstances, and. prior to closing. Seller shall, at Seller's opbon [strike out any of the Mlowing that are not appropnatej (a) Excavate to verify the existence and location of the ublibes as represented above, and. if necessary, obtain installation of any missing ubiities, or. (b) Nobfy Buyer in wribng that Seller will reduce the selling price of the property by the esbmated cost of installing the missing ublibes to the property line, or. r»«Na XOWMNCUU r*Purchase A greement / PAGE 7 (c) Accept this circumstance as a failed contingency and reimburse Buyer for all expenses incurred by Buyer pursuant to this Purchase Agreement, including but not limited to all expenses incurred in attempting to satisfy any of Buyer's conbngencies (d) Signage Buyer shall have determined on or before the ConUngency Date that signage, and the cost thereof, acceptable to Buyer in its sole discretion, irom and will be permitted and available (e) Design Constraints On or before the Contingency Date, Seller, any authority, owner's association, or architeclurai review committee that has the right to approve the design of Buyer's improvements to be constructed on the Property, shall have done so (0 Economic Viability Buyer shall have determined, on or before the Contingency Date, in its sole and absolute disaetion. that the market conditions present in the area of the Property will siipport the economic feasibility of Buyer's proposed use (2) SURVEY. Buyer's obligation to close under this Purchase Agreement is contingent upon Buyer obtaining, at Buyer's expense, within 45 days after setters acceptance of this contract a sunrey of the property certified to Buyer as of a current date (no earlier than the date of this Purchase Agreement) evidenong conditions satisfactory to Buyer and containing certifications meeting the following minimum standards (a) Prepared, dated and signed by a Minnesota Registered Land Sun/eyor with his or her seal affixed (b) Includes legal descnption properly identifying the properly described in this Purchase Agreement (c) Locates all platted and unplatted property lines and lot lines (d) Locates all streets adjacent to the property (e) Locates all curb cuts, driveways and fences (f) Locates all easements described in the plat, if any. and in the record title of the property (g) Locates all visible ubiity lines that senrice the property and improvements (sewer, water, gas. electric and telephone) (h) Locates any building setback lines. (i) Locates all encroachments or ntakes a positive statement that there are no encroachments (j) Locates all improvements on the property (k) Shows all descriptions, angles, and other calls contained in the legal description Buyer shall promptly retain a sunreyor If the survey reveals boundary or title problems. Buyer shall promptly deliver a copy of the survey to Se ier If the survey has been delivered to Buyer after Buyer^s date for stating bUe objections. Buyer shall have an additional ten (10) days from the date of receiving the survey in which to state additional title objections If the boundary or title problems prevent this transaction from dosing. Seller shall reimburse Buyer for all expenses of survey and Eiuyer shall assign all rights in and to the survey to Seller (3) ENVIRONMENTAL CONCERNS. Seller hereby warrants and represents to Buyer that there have been no acts or occurrences upon the subject property that have caused or could cause impurities m the subsoil or ground water of the subject property or other property in the area Seller hereby represents and warrants to Buyer that the property is free of hazardous substances and is not subject to any '‘superfund" type liens or claims by governnrental regulatory agencies or other third parties arising from the release or threatened release of hazardous substances m. on or about the property Seller agrees to indemnify and hold harmless Buyer from any and all claims, causes of action, damages, losses, or costs (including reasonable attorneys' fees) relating to impunties in the subsoil or ground water of the subject property or other property in the area of which arise from or are caused by acts or occurrences upon the subject property prior to Buyer taking possession of the same These warranties and inoemnifications shall sunrive the dosing of this transaction (a) UNDERGROUND TANKS. Seller hereby represents and warrants to Buyer that all of the underground tanks on the subject property have been disclosed to Buyer on the attached drawing or map Seller agrees to provide at closing the affidavits required by Minn SrAT " 11SB16. Subd 2.116 47(1). and 116 48* if apphcable to the subject property and to record an affidavit attesting to the location of any underground tanks which are used for the storage of petroleum products (b) ENVIRONMENTAL ASSESSMENT. This Purchase Agreement is conUngent upon Buyer obtaining, at Buyer's expense, a Phase I Environmental Assessment of the property waived unless a condition of final approval of buyer, plans, and specifications, sufficient to meet the diligence requirements of federal and state law, certified to Buyer as of a cunent date (no earlier than the date of this Purchase ^reement) evidencing conditions satisfactory to Buyer. Buyer shafl prornptty retain a qualified environmental scientist to conduct the environmental assessment If the November 23,2001 NQy d (, ifUUi ClIYUrOnOWO Orono aty Coundl atyorOroTM) 2750 Kelley Parkway Orono, MN 55356 oc: Michael Gaffron, Planning Director Greg Gappa, P.E., Director of Pubic Services2750 To Whom It May Concern: My property is 3468 Shoreine Drive, Orono, beige house/green shutters across from the Minnetonka Mud coffee Shop. I am landbcked on three sides of my property with homes. The only access to my home is from Shoreline Drive, and that is up 17 steps. As a resuR of the widening of County Road 15/Shoreilne Drive by Hennepin County several years ago, I do not have car access to my home. Parking was eliminated during the construction. I hod Just purchMed the home and tried to source what it would cost to have a simple cement garage put in and It was approKknateiy $10,000. I was narve and thought there was nothing I could do as the county was pressuring me to sign so they could proceed with construction. 1 had no access to my property for about three months during the construction. My neighbor allowed me to walk through their property. I had to park in the city municipal parking lot. During that time 1 was able to reach an agreement with the landlord, John Overson, who owns the property across the street to park there for $30.00 monthly. The reason I am contacting the dty is. as of November 30, 2001,1 cannot park there. Agreement was terminated last Saturda-^ 1 contacted the dty to see who owned property next to Overson's and found it was owned by R. Edwards. He agreed to let me park on the grass next to Overson's. But, when he came to verify the space, found it was not his property. Talking to Mike Gaffron, he asked me to document the situation for the dty coundl. We bantered about possible short term and long-term solutions. A dty permit to park 24 hours in the munidpal parking lot for short term and contacting Hennepin County to see what can be done to "break into the hfli* to allow for some type of parking. Obviou^, that could not happen quickly. I have lived in the house for 16 years and also lived in the small white house next door until I was 12 years old. 1 remember the two houses that were in front of the current homes (weird Unde Harry lived In one of them), the taxi cab stand that used to be there, the great marshmeiiow sundaes at Keveney's (that was when he was on the north side of the road), even when water was put on the properties. ! am asking for your expertise and experience in similar situations to help me come up with a short-term and long-term solution to this problem. What are the possible soiutkxrs. who to contact, how can the dty help? Would the accessability loan process be possible for funding? I anxiously look forward to communication from the coundl and the dty. As of Friday, I wfl have no parking for my car. ("81 Cherakee Jeep, four-door, maroon, CK2-794, Sandra or Kim Holman). Sa.'Jra Holman 3<«68 Shoreline Drive Wayzata,MN 55391 952-471-7710 r - ■i* ' . str 7 /y/iXtZ i'fyf s*9f -?n‘'«'*