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04-10-2000 Council Packet
1200--1 F9 l';c:J I _$; ft _i-z~I ~-LS , tJI: ~~-c, '\~ f I 4 MrlSTA 6 r~ , ... ' .. '· I _,. i • I ......... • ,.._ .. ....... ll(St ... ,......_ .. LME~ s5/ 11 I t:;'' r~'I~\:"--1 _,, .. I~ I ~,'(_ I ~ k1,,-✓' ♦-_/ DAV --■-■-.,,,,,. ~--I • ..-.~ I I I ■ ■ -3200 I I I ~A~e~c~n~E~F~G~H~ I r.itv nf Ornnn_ MinnA!Ctnt~ I , i--, .. · =-· ..,, ..... -✓ ..,,.. . • ✓-✓ ~ 1200 J ax,K L ~k A .. Raild!!,: ·-·~ (•)Alterilkitems .... die Comcnc PubliePacbt-ROLLCALL PRaEN'l'Aff CONSEN'TAG I. Appcoa/AJ APPROVAL OF I • 2. RqularC04 PARKCOMMIS5 PLANNINGCO PUBLIC COMM! ZONING A.DMINl 3. 12540 Bnd Rao 4. '2S43 Ted l S. 12SSI Tia 6. 12564 WaW 7. 12S6S Peta I. l2S66 Jame 9. 12567 WaU l 0. 2000 Joi.at U MA Y0R/COUNO ENCl'.NEER RENl 11. Webber Hmi A Declare( B. Schedule 12. A ward C-ontl 13. Concept Plu 14. AudlorimiQ OTYADMINIS' l S. Disposal oi 16. lu.iestlbcm 17. Schedulifta crrv A1TORNI • II. LICENSEl • 19. RlLLS UPCOMING ISSt ZIii OUOl -l'art Ona ~10 -Council We 04/10-QmncilMc 04/13-1..oaslakd 04/14 a IS· Coum: 04/17 -Planniac 0 04/24 · Comcil Me 04/26 -Binni of .. 04/27-Lq~ 05101-PlltOwnm 05'06 -a...,~ OS101 -r.,.,,,,.., Mo OS/11-1..aas~ OS/ll -a...,~ OS/lS • P9 . a~ OS/20 -Letlf & GM OSlZ2 -Ca a ii Me OSl2S·IAIII~ OSl21-I.Ml/ & Gra OSl'l9 -HOUDA Y · Public A ttendance D ate 4- .! D 0 O □□ C ouncil Planning C ommission Park C ommission Other Please o the INFORMATION |?v:.REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER 1. gy,;3-» ^tCV c-.?Pi R-* 3k4 PLiyc ffi-i ^L, 3 4 j7c /o ^c/fA )Tl^ f 8._ 9.. 10.. 11-. 12.. 13. /t-c <■ S ‘^^<- 15.. tnmA PUBLIC ATTENDANCE Mf ~ • DATE _ _...'/.___._i __ _ COUNC~ PLANNING COMMISSION □ PARK COMMISSION OTHER NAME (please print) AD'DRESS PRESENT FOR (from agenda) NAME OR NUMBER 1. ____________ ...:;..·3~~>"-c...;..£l..~-~-el.,J,\ _______ ~.,..;.._----- 2. Rf~t\ I ]),~PitR, :S 1"'t lP<'t. 3. & ~ 11 .'6 Me f/4, '·---------------------------- 8. ___________________________ _ 9. ___________________________ _ 10. __________________________ _ 11., __________________________ _ 12. __________________________ _ 3. __________________________ _ 14. __________________________ _ 5------~~--------------------- ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 27,2(m M«=PTtWG APR I U 2000 ROLL 11 wr umuimU The Council met on the above-mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members Charles Kelley, Barbara Peterson, and Bob Sansevere. Representing staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator Michael Gaf&on, Assistant Zoning Administrator Paul Weinberger, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Alissa Wintemheimer. Council Member Richard Flint was absent. Mayor Jabbour called the meeting to order at 7:00 p.m. 1. 7:00 p.m. - Public Hearing - Navarre Park Improvements Grant - Resolution No. 4432 Greg Gappa stated that the grant application required a public hearing. He explained that the Park Commission has been developing plans for upgrading Navarre Park. The planning process has included substantial input from neighborhood residents. No improvements have been made to this park for many years. Many homes in the surrounding area are located on small lots without room for recreational opportunities on their property. The proposed project includes new playground equipment, trails, landscaping improvements, lighting, handicapped accessible parking, picnic tables and benches, tree planting, and installation of water service for a drinking fountain and yard hydrants. Gappa stated that the project is unchanged from previous plans except for the addition of screening trees along the park’s boundaries. Mayor Jabbour questioned the cost of the park improvements. Gappa stated that the grant application is for $160,000: $80,000 from the City and $80,000 from the DNR grant Kelley questioned the City ’s financial commitment if the grant is not received. Gappa explained the proposal is for a total project of $160,000. If the grant is not approved, only an $80,000 project will be constructed. Mayor Jabbour asked if there were any public comments regarding the Navarre Park improvements. There were none. Mayor Jabbour closed the public hearing at 7:03 p.m. Sansevere moved, and Kelley seconded, to adopt Resolution No. 4432 approving the Local Government Resolution for Navarre Park Improvement. 0 CITY COUNCIL MEETING ES O MARCH 27, 2088• '"" i~c~ G 0 L (;1 1 1 vr VMV•'1U The Council m t on the abo -m ntioned date with th followin m m rs pr se t Mayor G briel Jabbo Co ci M m rs harles Ke le Barbara Pete o : d Bob ans re Representing staff were City Adrrilllistrator Ron Moorse City .Attom y Tom Barrett, Senior Planning Coordinator Micha 1 Gaffi n, .Assistant Zomng A ·· ·strator Paul We berger, C ty gineer o Ke logg Pub c -~"ices o·rector Ore Gapp and Recorder Alissa Wintemheimer. Council Member Richard Fhnt was abs nt. yor Jabbour all d th mee in to order 7:00 p m. 1. 7: p. • -Public ea · g -a .arre Park Improvements Grant -Resolution No. 4432 Greg Gap stated that the gran . app · cation required a bl· c hearing. He explained that the Park Commission has been developing plans for up rading avarre Park. The planrung proce has inc d d s bstan al in ut om · eig bo·:-:,,%~~ res den I o p ve e · ts have been made to this park f o many ars .. Many homes · n the surrounding area are located on small lots without room for recreational opporturutie on their roperty. e proposed project includ e\v pla ground equipment trails landscaping improvements lighting handicapped ace ssibl parking p cruc ta les . and benche tree p an i g d installa ·on of a s 1c dri . · f◄ un · d ard ydran . Gappa stat d that the proJect is unc ang d om previous p ans exc pt or e a ditton o sc:~:e~rtt.'lg ~.~!~~ alo g th par s un · Mayor Jabbour questioned the cost o th par impro me ts Gappa s t that the grant pplicaf o · s o 160 000· 80 000 o e ity and $80 000 from the DNR grant ell y questione the ity finan i. c-.,,.·---1tm nt if ~:.::.~t 1 not ·POl',0 •ve Gapp plained e oposal for a ro t o 160 000 I _ the grant is no approved onl . - 80 000 project will be construct d. a · r b-·-·-- 1mprovem nts, · as d i S'nOtPA . r omments re ar in th re were none . . a or Jabbo · clo d th g 7·03 pm. an••.,••• mo ed, an c nd , :::::~~:;t o u · o • c Go emme t Re olu · on for a,·arre Park lmp.rovement. a arre Park ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 27,2000 Navarre Park Improvements Grant—Resolution No. 4432—Continued Vote: Ayes 4, Nays 0. CONSENT AGENDA 2. Approve/Amend Items 5,7,9,10, and 11 were added to the Consent Agenda. Kelley moved, and Peterson seconded, to approve the Consent Agenda as amended. Vote: Ayes 4, Nays 0. APPROVAL OF MINUTES *3. Regular Council Meeting Minutes of March 13,2000 Kelley moved, and Peterson seconded, to approve the Minutes of the Regular Council Meeting of March 13,2000. Vote: Ayes 4, Nays 0. PARK COMMISSION REPRESENTATIVE COMMENTS—ANDREW MCDERMOTT, The Park Commission will have a work session in April regarding the comprehensive plan. They also plan to review the development of Navarre Park. They are a little disappointed with the trail proposed to connect Olive to County Road 19 as part of the redevelopment proposal for the church property in Navarre, so that will also be discussed. LAKE MINNETONKA CONSERVATION DISTRICT—LILI MCMILLAN, REPRESENTATIVE Ms. McMillan stated that the ice went out on March 18, 2000 which is the second earliest date on record. They will have a long boating season. It will be interesting to see what happens to milfoil this year. They have a new harvester and hope to stay on top of the milfoil problem. The Big Island Task Force has settled »he safety lanes. The board is going with two lanes ORONO CITY COUNCIL MEETING M NUTES FOR MARCH 27, 2000 Navarre Park Improvements Grant-Resolution No. 4432-Continued ·vote: Ayes 4, ays O. 2. Approve/ Amend terns 5 7, 9 . IO and 11 were added to the Consent Agenda Ke ey ov , n P te Vote: Ay 4, ay 0. APPROVAL OF MINUTES e Co sent A end men ed. KeUey moved, nd etenon econded, o appro e the Minot o the Regular Co c· Meeting of Mareb 13, 2000. Vote: Ayes 4, Nays 0. co -o co CD REPRESE IVE The Park Commission will have a ork session in April regarding the comprehensi ·e plan. They al o plan to review the dev lopment of a ·an ark. They are a little disappointed · the · •·1 p o~:~d to conne t Oli e Co ,v..w 19 as part of the rede e opment p o~~:~l r h I urch prope in r11,,lllo.'PA so · 11 _.. ... _ be discussc:~a. LAKE MIN ETONKA CON ERVATIO DI TRICT-LILI MCMILLAN, REPRESE TATIVE at o r o~ ppens to m1 _ mi fo I probl _ m. th t e a his ar. Th ... , ____ out o tar h 18 2000 c th ond ear •• ·.,-.,,., at'n s o 11 n r,.,.~~.g o see h _ _ e a ne · h·---... ,i•---=t r and ho to tay on top of th k orce nl d h sa e I e . Th boar • j I 0 ·th two Ian 2 ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 27,2000 Lake Minnetonka Conservation District—Lili McMillan, Representative —Continued that are perpendicular to the shore. They will be 30-40 feet wide providing access for the sheriff and boaters. The lanes dead-end so there shouldn’t be any through traffic. Hennepin County will place the buoys. Kelley asked who could use the lanes. McMillan stated anyone could. It is basically a no-anchor zone. McMillan stated she does not know the exact number of buoys being used, but that the DNR is paying for them. Mayor Jabbour stated that the public hearing on the issue was excellent with well-educated attendees. It was unanimously agreed that the Water Patrol is not a strong presence on the lake due to a shortage of funding. The Hennepin County Board will not approve any extra funding for the Water Patrol. He stated that public safety on Lake Minnetonka is generally under- acknowledged. He also stated that the only way they will see more Water Patrol is if the City provides funding to the sheriff. Sansevere stated the City is fortunate most people do not realize how little public safety presence is on the water. If they were aware, there would be more law-breakers because they would believe they could get away with it. McMillan stated that if money were given to the sheriff to increase water patrol on the lake, she would be concerned that the money be allocated to the Water Patrol and not lost in the sheriffs general budget. Mayor Jabbour stated that he spoke with John Barton from Hennepin Park who has been monitoring the lake. Stubbs Bay has been in steady decline for the last five years and is leaching into Maxwell Bay. He would like Barton to make a presentation to the Council. McMillan stated she has spoken to Bart-m regarding watershed ftmds. Perhaps the watershed could focus on the lake itself and not just around it. Mayor Jabbour stated they could invite a watershed representative to the same meeting as Barton. PLANNING COMMISSION CO>LMENTS-JAN BERG, REPRESENTATIVE None. PUBLIC COMMENTS None. ZONING ADMINISTRATOR’S REPORT 4. #2540 Bradley Hoyt, 2523 Kelh Avenue - After-the-Fact Conditional Use Permit 1 0 0 0 CITY COUNCIL ME T . G Ml T . S FOR MARCH 27, 00 Lake Minnetonka Con ervation District Lili McMillan, Representative-Conti ,u d that are perpendicular to the shore. They wi I be 3 -40 fe t ~d sheriff and boaters. The lanes dead-end so there sho:.::~~ao: t be an ·---· 1 . . County will plac the buoy . Kele) asked ho co d use th Ian . c ii anyone could. It ts basically a no anchor zone. cM1 an ta d h doe no xact number of buoys bemg us ut th t the D _ pay· ng or m. Mayor Jabbour stated that the pub ic heann on the i s e e. ce e t ~ · ·I -d attendee . It was unarumously agr d that the te ol i not a stro r·~c-· ~- lake due to a shortage of funding. Th H epin County Board · · ot ppr funding for the Water atro. He sta ed tha publ·c safety on ake · eto t 1der-ackno ledged. He o tat d that th onl y the · I se m re at r atrol is i th City provirles fundmg to th shen . Sanseve stated e Ci 1s fomm te m t do not realize how httle public sa~ ~ pres nc i o the a er y would be more law-breakers beca:.ise the ould be , e e they · o d get · McM Han stated that if mon y er _ i n to heriff to in rease er patr · I she would be ncemed that th mon y allocated o th · a a o and n t I t shenff' s gen ral budget. Mayor Jabbour lated that he spo e ·th ohn Barton om H ·nn p· ar · b n mon ·lonn the lake. tubb Ba has been in st ad echn for th I d · leaching into Maxwe 1 Ba . H ·o d r Barton tom ea p tat1on ~~--·~-cil. McMtllan stated she has spo en to Bart n fi g d·ng ..... r11 , .. .oc:a fund -th , atershed cou d fi cus on the I e i , If and no j ar, und it. ........... ,or Ja bo , _ th ~· cou d invit · a wate hed repre ntati · to the same meetin . Bart n. PL GCO R, None. PUBLIC CO on .. zo GAD I TOR RE OR 4 #25 0 Brad ey Ho , 2 23 Ke : e · u Afte th F c C . , o I ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 27,2000 4. #2540 Bradley Hoyt, 2523 Kelly Avenue — After-the-Fact Conditional Use Permit'^ Continued Mr. Hoyt was represented by his attorneys Mr. William Skolnick and Mr. Rick Sheridan. Weinberger stated that additional information regarding the after-the-fact variances was delivered by Skolnick on March 24, 2000. The items were requested by the City of Orono to complete the land use application and are in addition to the City Council reports delivered the previous week. The application has been before the Planning Commission on 2 separate occasions in the format of a public hearing. At this time the applicant is requesting after-the-fact conditional use permit and variances for landscaping work that occurred on the property in 1998. The items staff received on Friday were: a hardship statement, engineer’s report, a letter, affidavits, and depositions on the case. At this point the application regards a stone retaining wall that is 3-4 feet tall, is hardcover within 75 feet of the lakeshore, and requires a conditional use permit. The Council may choose to: 1) Approve the conditional use permit and variances after-the-fact that would permit the retaining wall to remain as it exists. 2) Approve the conditional use permit and variances after-the-fact subject to the conditions that a natural screen be installed on the property to adequately screen the boulder retaining wall. The City of Orono has a policy and the Comprehensive Plan states retaining walls shall be screened with natural vegetation. This would require shrubs or bushes spaced out to screen the wall firom the lake. Also, the screening should be subject to annual inspections until such time the growth is determined to be healthy and stable.. 3) Remove the wall and place some other form of erosion control on the property. The City Engineer does not consider this a viable option because new vegetation would not stabilize the bank, and erosion would cause silt issues. 4) Refer the application back to the Planning Committee based on the new submittals. 5) Deny the application. Mayor Jabbour asked if the City Engineer inspected the site. Kellogg stated he has inspected the site, and he does not recommend removing the wall. Skolnick stated there have been new developments. A purchase agreement has been submitted on the prop)erty and the new buyer likes the boulder wall. The buyer will not buy the house if he has to remove the retaining wall. Skolnick stated part of the lawsuit involved damages interfering with the sale of the property. Barrett stated this is not the proper forum for discussing the lawsuit. Mayor Jabbour remarked that the Council will review the application fairly and independently of the lawsuit. ORONO CITY COUNCIL MEETI MINU ES FOR MA CH 27, 2000 4 #2540 Bradl Ho t, 2523 elly A enue -After-the-Fact Conditional Use Permu Continued . Hoyt as represent Mr. lliam , olnick and . . -k h ridan. inbernAP stat . t d. ion info ation ardin e -·-·•the fac ari ces delivered by Skolnick on March 24 2000 Th 1 ems r requ ted by the City of Orono o compl te th and use application and ar · n addition to the City Council reports d l _ e d · e p _ o we1:~K. applic tion · en ore 1~~·:1.a· ... ,.. Co ·-sio o 2 separate occasions in the format of a pub i heann At this t·m the app icant ues 1 after-the-fact conditional us ~ penni d vanances for lands apin ork that occurred on th ropert m 1998 1 em s r I ed o rida er : a ar . hip statement-engin er's report a letter, affidavits and depo it1ons on the case. t this poant the· apphcation re ards a stone re ·rung _ all that 1 3-4 fe t I i hardco er ithin 75 feet of the lak shor . and requires a conditional us pennit. The Council may boo I) Approve the conditional us mut and anances er-th fa t that o d mut th r tainin all to r main as it ~ · ts p o c nd1 n us nni =:!::e:; a --·"'"'·-t subJ . ndit o that a natural scr n install on th prope to adequate! reen th bou d r retaini . all. Th City of Orono has a polic and the ompr ·h nsiv l stat s retaining walls hall er en ·•th na.W,&..... eta io . ou d r ui bs orb h s spaced o t to scr n the wall from th lake Also th er n1ng sho Jd be subject to annual inspections unti s ch ime e ro is d t nnin -d to be h:::. .. ~~r .. y and stabl 3 Remo e e ·all and place ome oth r fonn of e osio ontr l o ngin -r doe not cons1d r thi viabl option caus n v b---. and ro 10n o d c ... ~ i t s u s. :P perty The 1 ould not stabihze ) Ref◄ r e appl cation ba k to Planrung C mmitt based on · e n · sub al . 5 D n th ap ication. r Jabbour n pect d the koln· k tat u m· don h h i h ke I th it En n er 1 . p ct and h ·O n t comm nd ra;arr,...-,, h e b n d d th n th al . h th all. pur h uld r 11. stat h h r em nt has n bu r 11 not o th l uit in · ,.,.._.,.a rin ·t th le of th prope . . arr tat d thi i t th pr r orum r i ... -...... ,. th I , a or Ja mark d th t th ouncil will r . view th applicati n · irl and ind pendently f t I t. ORONO CITY COUNCIL MEETING MINTJTES FOR MARCH 27, 2000 4. U2540 Bradley Hoyt, 2523 Kelly Avenue - After-the-Fact Conditional Use Permit- Continued Skolnick stated regarding the wall, they have had LJM Group Professional Engineers review the wall and they concur with Kellogg that the wall should not be removed and that it is the optimal solution. He stated that staff reported there is nothing wrong with the wall except that a permit was not obtained before the wall was constructed. He found by searching City records that this situation arose before in 1997 with a Mr. Vochco where the Council did not impose the condition that the applicant plant screening. Mayor Jabbour asked if his client would object to planting screening. Skolnick stated it was more relevant what the new buyer wanted than what Mr. Hoyt wanted. He stated he is pleased that the City has found the boulder wall is the best solution. Mayor Jabbour stated that Skolnick and his client, Mr. Hoyt, have assumed that the Council is in opposition to them. All the Council has asked is that the applicant inform them of what happened so that they can determine whether the best solution was reached. He stated that the 60-day deadline expires in 2 days, they have held 2 public hearings on the issue, and he felt they should act on the matter at the present meeting. James Dattalo, a realtor representing the new buyer, stated that his client likes the retaining wall as it is. He is concerned that the Council decide all issues now, so that there arc no outstanding issues that could affect him later if he buys the house. Mayor Jabbour stated that all Council resolutions are binding until a future Council reverses them. The City files its resolutions on the deed. The issue of screening is important to the City so that as people tra\el along the shore they are not faced with a sea wall. Dattalo stated his client is leaving the country at the end of April and would like to close on the house and move in before then. Mayor Jabbour asked if his client would be opposed to shrubbery. Dattalo stated he did not know and could only inform his client of the Council’s decision. The Council discussed the size of the wall and the amount of screening that would be appropriate. Skolnick stated the wall is 3 feet tall. Weinberger stated the wall is 60-70 feet long. He also stated that they would like the shrubs to be the same height as the wall. Mayor Jabbour suggested shrubbery that is 2 feet tall at the time of planting spaced 6 feet apart along the wall. The applicant would have the option of keeping the shrubbery trimmed so it is never taller than the wall. Kelley asked what the percent of hardcover is in the 0-75 zone on the property. Weinberger stated it is 433 s.f. or approximately 2%. Barrett requested that staff respond to the applicant’s statement regarding Mr. Vochco’s application and see if it posed the siune issues as Mr. Ho\ t's. Weinberger stated he Cl R H 27, 2000 4. #2540 Bradley Hoyt 2523 Kell Aven11e -After-tl,e-Fact Conditional Use Permit, Contin11ed Skolnick stated regardin had LJM Group Profes ional Engineers re ·iew the all and th c n ur , ·ith . 11 g · at t · · I s ould not b mo ed an tha 1t 1 opt a lu ion except tha a p nnit searching City _ cords t · Counci did ot · m s asked 1f hi clie t ould what then c· h r port d th .r 1 n thi .. o g "th the all n t obtain d befor the wa 1 \J as constructed He found by t thi situ I n ar se b -for in 1997 1 · a . ochco e the n i n that th appr cant pl t ere nin . Mayor Jabbour t t plan ·n. er nin . ·oJnick tat d it was mo~ rel vant an ha ant d. t t d he is p ease the I i th lu i n. ayor Jab our ta d that lnick hi cl , tr. t h s ed t · at Council is 1n oppo tion to th m. ll th C unc · k that the applicant inform them of what happ ned o th t th in r · b t o u ion was reached. He sta d t a . th 60-· hn ir i , _ . 2 . ublic h arin · . o th ssue and ~ 1 h _ · h ul t m tt r pr James retain1 there · Jab h th c·t th yso .h D alo · ted - in h t at hi ,c i · t 1 · ke th m d that th ci de id l i ues now s that I a h m r f bu. s th hous . yor i n b i ii Co c1l r,e erses h i · ue of scr ening is important to th · n c d -· t -a ea I. . ul lik to los on th h and mo · . th n. d h d' client ould b nl i o hi cl nt of oppos d ru b Th · un i . appro n ~ t. long. ayor apart -·-·· h trimm it i ~rr,:i~tt r---· ... ., apphcati 2 l h ~ II r tall r than th , ·al I. h t f h rd r r appro . m t t . _ _ n t th ifitp dth 0 n1ng hat d th a 1 is 60-70 e he· wall. I nt•' p d fe . ti n f e in h shru be th -7 -n on t propert . . t . 1-1 . 1n r ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 27,2000 4. #2540 Bradley HoyU 2523 Kelly Avenue - After-ihe-Fact Conditional Use Permit- Continued believed ii dealt with boulder outcroppings spaced sporadically on the property and that there was a vegetation requirement. Kelley moved, and Peterson seconded, to approve the after-the-fact variance for construction of a boulder wall within 75 feet of the lake, no additional hardcover shall be permitted rithin 75 feet of the lakeshore, and with vegetation planted every 6 feet along the wall that is no less than 2 feet tall, and the vegetation is to be maintained year to year, with the applicant having the right to keep it trimmed even with the top of the wall. Vote: Ayes 4, Nays 0. *5. #2562 Cornerstone New Testament Church, 850 Wayzata Boulevard- Conditional Use Permit and Variance—Resolution No. 4433 Kelley moved, and Peterson seconded, to adopt Resolution No. 4433 approving the conditional use permit for a church in a residential zoning district and a variance to permit a 32 s.f. identification sign where 12 s.f. is allowed. Vote: Ayes 4, Nays 0. Mayor Jabbour deferred the Mayor/Council Report, Engineer Report, and City Administrators Report so that the Council could address item 12a. Items 6,7,8,9,10,11, and 12 appear after item 12a. 12a. Kevin Garnett Application for Kennel License at 450 Orono Orchard Road South Kevin Garnett and his dog trainer Fred Manson were in attendance. Moorse stated that this item concerns a kennel license for the keeping of 9 dogs on the property. Staff is concerned with the large number of dogs and that the property owner ensure the dogs are secured on the property. Manson stated that the dogs are kept as pets, are spayed and neutered, and well trained. They planned to install a 6-foot fence all around the property, but were limited to the 3-'/j foot fence along Dickenson Street because of City ordinances. Mayor Jabbour stated that the City requires anyone witii more than 2 dogs to get a kennel 0 0 OC CO-Cl G FOR MARC -7. ~-••1 .... 4. #2540 Bradley Hoyt, 2523 Kelly Avenue -After-the-Fact Conditional Use Permit- Continued I v d ; .. dealt ith bould r ou croppings spaced p die . on the prop rty and that a vegetat·on. . u·•~::a~ .. " • ..,0 0 e ey oved, n Pete n ec de , to ap.prove --er-t e-f ct v ri nee for c t ction of a bo Ide ithin 75 feet of t e ke, o additional hardcover aJ be permitt d · . itbin 7 feet of the lakeshore, and ith vegetation pla -e v ry 6 feet along the wall that i no less than 2 feet tall, and the vegetation is to be maintained year to year, ith tb,e applicant having the right to keep it trimmed even with the top of the wall. Vote: Ayes 4, Nays 0. 5. #2562 Come-,., .... " ....... L&..... ew Te tame t Cburc , 8 0 ayzata Bo ev r ::=== on ·t·onal · se P rm·t -d ce-Re o tion 4 33 Kell mo ed, n -et ---o . d, to adopt R coo it· ona use permit for c u c·b in a res id en ial zo i permit a 32 s.f. ide · tific ·on ign where 12 s.f. i allo ed. Vote: Ayes 4, Nays 0. o. 433 app , 1 t d. trict and a va · nee to ayor Jabbour deferred the Mayor/Council Report, En, ineer Report, .and City m1nistra or's eport th t the Counc'· co Id dd e tem 12a. It m 6 7 8, 9, 0 1, 12 p r .ter ·te . 2 . Ke ·n Ga tt pli t n for o t 0 ono Ore rd o d outh Kevin Garnett and hi do train r Fr d Manso, r -in att ndanc . tated that t nc a k el Ii n e r th keeping of 9 do s on th t l um o and that th prope o••r---.-r • e do s ares u pr p rt . 0 dthtth d t d and Th plann d o in t 11 · n all around t t rh -· doth-!/:_ c al n Dick.,,.----t b a se o s. Ma or Ja bour tat d that th it r quir s an on ih m r than 2 do to g t a kenn l ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 27,2000 12a, Kevin Garnett Application for Kennel License at 450 Orono Orchard Road South —Continued license so that they can make sure the dogs are kept appropriately and are not a public nuisance. Manson stated they have felt harassed over the dogs since moving in and that the dogs are never out of the kennel without supervision. He also stated that the police chief commented that their kennel is state of the art. Mayor Jabbour stated that the police chief checks on every kennel. Steven Webster of 500 Orono Orchard Road stated he feels that 9 dogs are excessive and there is a historical concern with the breeds and vicious behavior. He felt that the dogs do not have sufficient human contact to be trustful. There is a growing concern among the neighbors over the dogs and Webster brought a petition signed by the neighbors expressing their concern. He is afraid that should the dogs get out of hand, no one person would be able to control 9 dogs. Manson stated that is only one opinion and assured the Council that the dogs would never be out of his control. He also stated that barking should not be a concern because the dogs are kept in the kennel when they aren’t being exercised. Mayor Jabbour asked if the dogs are littermates. Manson answered yes. Mayor Jabbour expressed concern that the dogs would behave in a more primal, instinctual manner because of their being littermates. Manson assured the Council the dogs’ training would supersede any negative instinctual behavior. Kevin Garnett stated that he has friends and family who visit the dogs and the dogs are therefore adequately socialized with people other than himself and his trainer. Kelley asked if he could control them. Garnett responded yes, and stated the dogs have not been bred as fighter dogs. Sansevere asked if the bam was built for the dogs. Manson stated it was built for horses, but Garnett has remodeled it as a kennel suitable for the dogs. He also stated that all 9 dogs are let out together. Peterson asked Garnett if he is concerned with liability. Garnett stated he is very concerned with safety and has a 14-year-old and a 10-year-old relative who visit with the dogs regularly. Manson stated he has noticed other dogs running loose in the neighborhood. Mayor Jabbour asked how many more dogs Gameit plans to keep. Garnett stated they will not add any more dogs to the kennel because the licensing process has been a large ORO OCI YCO INU ESFOR 'C LM ET G Cff 27,2000 12a. Kevin Garnett Application for Kenn ,el License at 450 Orono Orchard Road South-Continued licens so hat t ey can make sure th dogs are ept appr pria ly d e t a p b ic n · san e. Manson lated th y have felt harass d over the dogs sine moving in and that the dogs are never out of the kennel without supervision. He also stated that the pol ce chief commen ed t at , eir ennel is tate f e art yor Jab ur ta e a · the pol ce chief chec s on every k nnel. Ste e Webster of 500 Oro o Or · bar R ad ate he fee s t 9 dogs e e ces ve and h re i a h'storical cone m with the breeds and vi ious behavior. He felt that the dogs do not have sufficient human contact to be trustful. There is a grow1n concern among e 1g bors er th d gs d Webs er ro ght a tit on · gn th neighbors expres ing their concern H is afraid that should the dogs · et out of hand, no one person woul be able to control 9 dogs. Manson stated tha is only on opinion and as ured the Council that the dogs would never be ou of his con rol. e _ o ta d th .. b rkin s · ou d n t be a con em becaus e dogs are k t !,. kennel hen th · aren t bean Mayor Ja our as d I t an on ~nC.:'.'UIPrPn Mayo abbour . essed on m hat th do ould b h ve 1n a more primal in tine ua1 manner because of th ir b ing littermat . Manson as ur d th Co . ncil the dog training ould s pers d eg ti e · ns i c be Kevan Garnett stated at h has fri nd and family ho isi · the dogs and e dog are e for, adequat ly -cial · zed · o oth himsel and his tr · ner. K lley ked if h could control th .m Garnett resp nded ye and stat d the dogs have not en br d as fi hter do Sansevere ask d if the barn wa built for the dogs. Manso stated 1t w built for horses bu am r od l d 1t --~,•.r::-.::1 s I or h s. al s:.·~~t..,-d at 11 9 o eltott .....,.,~d i h i c--,:;ar, l -1 ~-•~'tt · ted h i ery c n m a and h 14• ar-old and 10-ear old relative ho visit with the dog larl an n tated he h _ n tic oth r dog runnin loo 1n the n ighborhood. a .... l'I. .... , m r d -L:111,rT to •':11 ..... -tt st ted the ill n t m r do to th k nn b us th · he n in pro--..:11..:Jt n l,.,.·-- 7 ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 27,2000 12a. Kevin Garnett Application for Kennel License at 450 Orono Orchard Road South —Continued hassle. Manson stated that because of the neighborhood concern, the dogs will not be allowed out of his sight. Kelley stated he is very familiar with the veterinarian, Robert Gehrman, DVM of Gehrman Animal Hospital, and the kennel where the dogs were trained, Armstrong Ranch Kennels. He stated that unless they hear differently from the police chief, he was in favor of the application. Mayor Jabbour asked if there were any other comments from neighbors. Shane O’Neill of 549 Russell Avenue stated that he always sees the dogs out with someone watching them. He has small children and does not find the dogs to be a large concern. Michelle Cainlan of .537 Hanlon Avenue stated she has never heard the dogs bark and feels they are very well behaved. Her concern is that the neighborhood is full of young children and the frnce is not high enough to keep the dogs confined if something should happen. Sansevere asked if Garnett would be agreeable to having a secure fence closer to the bam. Manson stated they had wanted a 6-foot fence but were told it would not meet City ordinances. Peterson asked if anyone had explained the variance process to Garnett or Manson. Manson stated they wanted a variance but it was taking too long and they wanted the fence finished. Mayor Jabbour stated he »s not certain they could demonstrate hardship required for the variance because the property is so large. Mayor Jabbour stated that the Council wants Garnett to enjoy his property to the fullest and feel welcome in Orono. The Council also wants the neighbors to feel secure because even under the best circumstances something can go WTong. Peterson stated that the gate appears inadequate and asked if something could be done to fix it. Manson assured her they would do something. Shelley McKelvin of 599 Russel stated her children pass the property every day on the way to and from school. They have not had any problems. But she wondered what would happen if the kids approached the fence and tried to call the dogs over to them. Manson stated he would not let the dogs approach the fence. Mayor Jabbour asked for an assurance that the dogs would be secured. Garnett stated he 8 L.. ORONO CIT COUNCIL MEETING Ml TES R MARCH 27, 2000 12a. Kevin Garnett Application for Kennel License at 450 Orono Orchard Road Sout/1-Continued hass Manson stated tha b ause of the n I hborhood cone rn th dogs will not b allowed out of his sight. Kelley stated he is very fanuliar with the eterinanan Robert Gehnnan DVM of Gehnnan Animal Hospital and the k nnel ere th dog were .· ed Annstrong Rane KeM I He s t d th e ey h differ ntl fro . the i e h1 { he in favor of the applicat1on .. Mayor Jab ur asked if there ere an the omme s from n bo ·. Shane O Nei I of 549 Rus · . I A venu stated t at h a a see dogs out · someo e wat · ng the He m 1 chHdr n and o not fl th dogs to be a larg concern. Mic 1 e· C n an 7 H on A n e s t d she as ne e h ar th do bark an feels they ar ry JI behaved. H r concern · th the nei hborhood is full of young ·1dr d h ti nc . 1 not .......... , .. e h to .......... ;,u d s co ed . ~!;•~ ho happen. Sanse e u..,;in,-,w. if G~ ...... "•TT O Id be a eabl to ha n sec enc ·C O O e b Manson stated the h d . ant d a 6-f oot ti n b t ,,, re told it would not meet City ordin nces. P t rson ....,.,~d if anyon . had ,l ined h ari ce pro ss to Garnett or an o so s want d th £ nc fini ardship requir d for t d h an d a ari it t~:.!!~~ too Ion and d. Mayor Jabbour tat h 1 not ce ·n t ey could d monstr t ari·-~-·-becau e th pr pert · i . so lar . Mayor Jabbour stat d t at th ouncil ants Garn tt to en·oy h prop rty to he full t and f◄ 1 e co o ti al o ants neig rs to f4 1 c . becaus ·t ng an . ete at d that t a u db don · t h r h C 5 R stat d h r ren th pr . rt . e and h · T ha no ha lem ut h ond ·d · ould h pp 'f th kid approached the enc d d to call the do s o r o them. ul o I . t do ppr r an as uranc h t th d ~ ul be cured. am tt ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 27,2000 12a. Kevin Garnett Application for Kennel License at 450 Orono Orchard Road South —Continued wants everyone to feel safe and will definitely make some changes. He wants to be accepted and does not want special treatment. Garnett asked if he could change the 3- foot fence to a 6-foot fence. Mayor Jabbour stated that would require a variance permit, which would take 2-3 months. Peterson stated that the 6-foot fence would not be necessary, but Garnett might choose to do it for liability reasons. Manson mentioned landscaping with tall shrubs along the fence. Mayor Jabbour stated they can plant shrubs as tall as they want. Kelley moved, and Peterson seconded, to approve the Kevin Garnett kennel license at 450 Orono Orchard Road South as it stands. Vote: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Moorse. Kelley, and Peterson met with the City Administrators from Medina and Long Lake, representatives of the Long Lake Volunteer Fire Department, and a Long Lake council member to discuss the preliminary design of the fire station. The fire fighters have come up with a list of items needed by the fire department. They will meet again in one month. Kelley stated that in budgeting for next year, it is very likely they will have to bond for this. He spoke with Jim Gulbranson and they feel they should get the 3 Administrators together and come up with a way to allocate expenses above what Mn/DoT will reimburse. Sansevere asked how Mn/DoT decides what to reimburse. Peterson stated that Mn/DoT reimbursed Eden Prairie for the appraised value of the building that was being moved, but Eden Prairie already owned the land involved. Mayor Jabbour stated the Highway 12 Design Review Committee is working hard for the City and receiving very little recognition. He asked how the Council could recognize them. Kelley suggested a recognition dinner this summer for all volunteers. Mayor Jabbour stated that he and Mr. Erickson have had many discussions, but have not made any progress. He spoke to Mn/DoT and asked how important it is to remove Erickson's objections. Mn/DoT doesn ’t want to deal with it until the legislature is back in session. Mr. Erickson and his attorneys have filed a letter asking for an environmental impact statement, which would delay the project for many years. Many of his concerns seem irrelevant, such as the historical significance of the Luce Line Bridge. Mayor Jabbour asked why the City is being held hostage by a man who is not really affected by the highway. In his last letter Mr. Erickson mentioned two other merchants who when approached, stated they had nothing to do with the letter. ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 27,2000 Mayor/Council Report—Continued Mayor Jabbour stated the school board is happy about the City ’s offer to buy school property for municipal use. ENGINEER REPORT Kellogg reported that road restrictions come off on April 3, 2000. The roads are in good shape with very little break-up this year. CITY ADMINISTRATOR’S REPORT 6. Appoint Parks, Opra Space and Trails Commission Members Peterson stated she liked candidate Halvorson. Sansevere stated he liked candidate Morgan’s ideas on fund rai.*iiig and candidate Bouchard’s resume. Peterson moved, and Kelley seconded, to appoint Debra Halvorson to a three year term on the Parks, Open Space and Trails Commission expiring December 31,2002. Vote: Ayes 4, Nays 0. Sansevere moved, and Kelley seconded, to appoint Pauline Bouchard to a three year term on the Parks, Open Space and Trails Commission expiring December 31,2002. Vote: Ayes 4, Nays 0. *7. Seasonal Golf Course Employees Kelley moved, and Peterson seconded, to approve a seasonal employee pay range of $6.80 to $7.65 per hour for the 2000 season. Vote: Ayes 4, Nays 0. Kelley moved, and Peterson seconded, to approve hiring the employees listed at the proposed wage rates and under the applicable provisions of the PERA rules. Vote: Ayes 4, Nays 0. 8. Endowment Fund—Ordinance No. 196,2"** Series Moorse staled the proposed ordinance would set up an endowment ftmd. Funds currently in the Building Outlay Fund would be transferred to the endowment fund to provide long term management of the funds. Currently, about 90% ($130,000) of the interest earned on the ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 27,2000 8. Endowment Fund—Ordinance No. 196,2**^ Serie—Continued Building Outlay Fund is used toward payment of the debt service on the City facilities bonds. The Council has discussed using the funds for one-time large expenditures. Moorse stated that if the interest earnings available for the debt service were significantly reduced, the City would have a difficult time finding an alternative source of funding for the debt service. Peterson moved, and Sansevere seconded, to adopt Ordinance No. 196, 2"** Series as presented creating the Community Investment Fund. Vote: Ayes 4, Nays 0. *9, Receipt of the Certificate of Achievement for Excellence in Financial Reporting for the 1998 Financial Report (Information Only). *10. Police Department Conversion to LOGIS Police Records System —1999 Police Budget Amendment Kelley moved, and Peterson seconded, to approve the installation of the LOGIS police records system at a cost of $4,220; to be funded from the 1999 Police Department Capital Outlay, with a budget amendment of $4,220; and that the 2000 Police Department Capital Outlay Budget be decreased by $4,220. Vote: .\yes 4, Nays 0. *11. Resolution in Support of a Planning Grant from the Metropolitan Council- Resolution No. 4434 Kelley moved, and Peterson seconded, to adopt Resolution No. 4434 in support of a planning grant from the Metropolitan Council to offset the costs of the Long Lake/Orono Consolidation Study. Vote: Ayes 4, Nays 0. CITY ATTORNEY’S REPORT There was no Cil>- Attorney’s Report. *12 LICENSES Kelley moved, and Peterson seconded, to approve the following licenses. Vote; Ayes 4, Nays 0. ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 27,2000 *12 LICENSES- Continued SPECIAL EVENT PERMIT 1. Applicant: Gear West Event: Run Bike Run Duathon Location: Starting at Orono Middle School Date: May 21,2000 Time: 8:30 a.m. - 10:30 a.m. RESIDENTIAL KENNEL LICENSE 1. David and LuAnn Runkle 2684 Casco Point Road *13. BILLS Kelley moved, and Peterson seconded, to approve payment of the All Funds Account. Vote: Ayes 4, Nays 0. ADJOURNMENT Mayor Jabbour moved, and Peterson seconded, to adjourn at 9:25 p.m, ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor REQUEST FOR COUNCIL ACTION APR 1 0 2000 DATE: 4/10/00 Cl IY ur onuivO ITEM NO.; 3 Department Approval: Name Paul Weinberger Title Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description:#2540 Bradley A. Hoyt 2523 Kelly Avenue After-the Fact Conditional Use Permit& Variances Zoning District: LR-IB One Family Lakeshore Residential District List of Exhibits: A B Draft Resolution Property Survey Application Summary: The City Council approved after-the-fact variances and a conditional use permit on March 27th to permit a boulder retaining wall and land alteration for Mr. Hoyt. Staff has prepared an approval resolution for adoption. The approval is subject to the following conditions: 1. The only retaining walls and hardcover approved by this resolution are those shown on the Certificate of Survey attached hereto as Exhibit .A. 2. Shrubs or some other form of natural vegetation, not less than two feet in height, are required to be planted and maintained permanently bet\veen the retaining wall and the shoreline. Such shrubs shall be spaced six feet apart along the portion of the retaining wall located northwesterly from the access path (see Exhibit A). The property owner is permitted to trim shrubs to a height matching the height of the retaining wall. A landscaping plan shall be submitted by the property owner and approved by City Staff prior to such plantings. 3. The property owner shall obtain the appropriate building and land alteration permits for the boulder wall. 4. It is the position of the City Council that the boulder retaining wall and the old foundation walls, as shown on Exhibit A, totaling 433 square feet of hardcover, are the only hardcover that shall be permitted within the 75 foot lakeshore setback. Any future requests for additional hardcover will not be looked upon favorably. 5. Payment of $75 variance application fee. COUNCIL ACTION REQUESTED To adopt or amend the enclosed resolution. A A RESOLUTION APPROVING AN AFTER-THE-FACT CONDITIONAL USE PERMIT PER MUNICIPAL CODE SECTION 10.03, SUBDIVISION 21 AND APPROVING AFTER-THE-FACT VARIANCES TO MUNICIPAL CODE SECTION 10.22, SUBDIVISION 2, SECTION 10.55, SUBDIVISION 8 AND SECTION 10.56, SUBDIVISION 16 (L) FOR PROPERTY LOCATED AT 2523 KELLY AVENUE FILE #2540 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Bradley Hoyt (hereinafter "the applicant") is the owner of the property located at 2523 Kelly Avenue within the City of Orono (hereinafter "the City") and legally described as follows: Tract D, Registered Land Survey No. 1428, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant applied to the City of Orono for an after-the-fact conditional use permit and variances to permit work within the 75' lakeshore setback area including the construction of a retaining wall and land alteration, requiring the following approvals: 1. Conditional use permit for land alteration and construction of a retaining wall per Section 10.03, Subdivision 21 and Section 10.56, Subdivision 16 (C) (5). 2. Variances for land alterations within 75 ’ of the shoreline of Lake Minnetonka per Sections 10.22, Subdivision 2; 10.55, Subdivisions; and 10.56, Subdivision 16(J). 3. Variance for hardcover within 75 ' of the shoreline where no hardcover is normally allowed per Sections 10.22, Subdivision 2; 10.55, Subdivision 8; and 10.56, Subdivision 16(L); and Page 1 of 7 WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held public hearings on November IS, 1999 and January 19, 2000 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, an amended application was received on March 24, 2000 including applicant’s hardship statement and supporting documents; and WHEREAS, the City Council has reviewed the application; the recommendations of the City staff and the Planning Commission; and the comments and written statements submitted by the applicant. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested after-the-fact conditional use permit and variances as described above based on one or more of the following findings of fact concerning this property: FINDINGS 1. 2. 3. 4. The property is located in the LR-IB, One Family Lakeshore Residential District. The property contains 21,700 s.f. of land area within 75’ of the shoreline where hardcover, structures, intensive vegetation clearing, and land alteration are prohibited by the Orono zoning code. Without obtaining permits the applicant constructed a retaining wall within 75* of the shoreline of Lake Minnetonka. After-the-fact variances and an after-the-fact conditional use permit must be approved before the City can issue permits for the retaining wall. The boulder wall constructed on the lakeside of the property is hardcover. Section 10.02, Definition 29 defines Hardcover as "Any structure, blacktop or other material which interferes to any degree with the direct absorption of rainfall into the ground." Page 2 of 7 5. 6. 7. Section 10.02, Definition 69 defines Structure as "Anything, or part thereof, which is built, constructed or erected, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires a location on, below, or above the ground, land, or water, or attached to something having a location on the ground, land, or water." The 1980 City of Orono Community Management Plan ("Comprehensive Plan") contains a number of general land use and environmental protection goals and policies with which the applicant’s proposal must be consistent, including the following: A. Environmental Protection Plan, Urban Area Policy 2: "Retention of natural vegetation will limit the impact of urbanization as visible from the lake...Minimum green belts will be provided with prohibitions against clearcutting or excessive thinning of vegetation. Natural vegetation will be preserved on slopes. Retaining walls will be discouraged except when absolutely necessary to prevent erosion, in which case they will be screened with natural vegetation." B. Environmental Protection Plan, General Policy 9: "Lake shorelines will be protected from alteration. Natural vegetation in shoreland areas will be preserved insofar as practical and reasonable in order to retard surface runoff and soil erosion, and to utilize excess nutrients. Clearcutting will be prohibited. In areas of soil or wave action, natural stone rip-rap shoreline protection will be encouraged." The applicant’s submittal includes an engineers report stating the existing topography requires a retaining wall to avoid increased erosion of the hillside which would result in sediment entering the lake. The boulder retaining wall is necessary to avoid additional erosion concerns caused by a storm which damaged or destroyed a number of trees on the hillside, which trees had provided stabilization of the slope. Page 3 of 7 8.The City Engineer reported that in his opinion the wall is necessary to stabilize the slope. Removing the wall and regrading to the natural elevation may not prevent erosion. A wall is necessary to minimize the risk of further erosion, and replacement of the boulder wall with some other type of retaining wall requiring additional excavation of the lakeshore bank likely would result in further loss of vegetation on the slope. 9.In order to be consistent with the Comprehensive Plan requirement for screening as noted above, new plantings would be appropriate between the wall and the shoreline. The relatively low (3'-4') height of the wall in relation to the wooded lakeshore bank behind and above it, coupled with the 8' wide terrace between the wall and tiie rip-rapped shoreline, will allow for the establishment of vegetation to adequately screen the wall in a manner that will make it significantly less visible as viewed from the lake. 10. The City Council fmds 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 of the after-the-fact variances to permit a retaining wall within 75 feet of the lakeshore and the grading work associated with it is necessary to prevent further erosion along the lakeshore, and is justified because there are no other reasonable alternative erosion control methods; that granting of the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property, and would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; that granting of the variances 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. 11. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Page 4 of 7 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants an after-the-fact conditional use permit for a boulder retaining wall and associated grading of the property within 75 feet of the lakeshore, and after-the-fact variances to Municipal Zoning Code Section 10.22, Subdivision 2; 10.55, SuNiivision 8; and 10.56, Subdivision 16(J) to permit structure and grading within 75 feet of the lakeshore, and Sections 10.22, Subdivision 2; 10.55, Subdivision 8; and 10.56, Subdivision 16(L) to permit hardcover within 75 feet of the lakeshore where no hardcover is normally allowed, subject to the following conditions: 1. 2. 3. 4. 5. The only retaining walls and hardcover approved by this resolution are those shown on the Certificate of Survey attached hereto as Exhibit A. Shrubs or some other form of natural vegetation, not less than two feet in height, are required to be planted and maintained permanently between the retaining wall and the shoreline. Such shrubs shall be spaced six feet apart along the portion of the retaining wall located northwesterly from the access path (see Exhibit A). The property owner is permitted to trim shrubs to a height matching the height of the retaining wall. A landscaping plan shall be submitted by the property owner and approved by City Staff prior to such plantings. The property owner shall obtain the appropriate building and land alteration permits for the boulder wall. It is the position of the City Council that the boulder retaining wall and the old foundation walls, as shown on Exhibit A, totaling 433 square feet of hardcover, are the only hardcover that shall be permitted within the 75 foot lakeshore setback. Any future requests for additional hardcover will not be looked upon favorably. Authorities granted by this variance and conditional use permit run with the properly not with the applicants, but are permissive only and must be exercised by application for the appropriate after-the-fact permit within one year of the date of Council approval, or this variance will expire on that date (April 10, 2001). Page 5 of 7 I L. 6.Violation of or non-compliance with any of the terms and conditions of this variance and conditional use permit 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 applicant has read, understood and hereby agree to the terms 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. Adopted by the City Council of the City of Orono on this 10th day of April, 2000. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property owner(s) STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 10th day of April, 2000, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 6 of 7 1 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 20 ___before me a Notary Public within and for said county, personally appeared known to me to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. Notary Public Page 7 of 7 CERTiF.CATE OF SURVEY FOR BRAD HOYT "RACT 0. REGISTERED LAND SURVEY NO. 1428 HENNEPIN COUNTY. MINNESOTA EXHIBIT A RESOLUTION NO. $ % <r h </ A '-4 \ i'o* jNt..* ••(ItSJ) V f; <C. .‘f ^ (9«crj ‘ K * * . 3Ass*cc: O* V 'I _ A*?--) fir*/ ^5. \ \/'v ' \ ■; A>'\' ■ ■% ^ V V •''• A - ^------vt \ \A'.A^t vV, \ o ^EC*- C* eor^/^sES *^3C*. Z. ^f<;i*.t'fc -o^c S^«ti .No i4is. ’ » #», Cow^!>. 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'L'^ n \x V\n n V' •O'Xnn ^^X^ “> \ ^\ V ' VN V » \V N S \ \ \' \X N ' N '' \ ' N N \ N V\ \' \ A\\' \ \ \\ N \ S. w V \ \ V \ \ xN \\n A \ 'V \ \ » \ \ \ \ \ \\ \ \\ \ \a P- «>\\ \ \ ^ \\ \ \ "7Si«v> \ el datum ootum 1. x\ % \ \ \ \ i above oesc'ibed property, 1 of cll visible "hardcovc'’" nprovements o' encroachments. :\ ./ .V. • 3li horoccver s\"i: \Vf^ * •Judicial LanoHAtK '»,N \htMWiM\AAl\JklM.\ . Vl-W^ ■-w. ,r-.#rwty . -.. _-a i »-, Application Date: 10/25/99 Completion Date: 10/25/99 Deadline Date: Waived by Applicant iktoM 1 0 2000 Oil» REQUEST FOR COUNCIL ACTION DATE: 4/10/00 ITEM NO = V Department Approval: Name Wendy Bottenberg Title Assistant Zoning Administrator/Planner Administrator Reviewed:Agenda Section: Zoning Item Description:#2543 Ted/Judy Edin 3025 Casco Point Road Variance Zoning District: LR-IC One Family Lakeshore Residential District (.5 Acre) Lot Area:15,370 s.f. (.35 acre) List of Exhibits: A Resolution B Notice of Pieinning Commission Action C Draft Minutes of Planning Commission Meeting (3/20/2000) D Staff Report and Exhibits of 3/20/2000 Application: The applicants have applied for variances to remove a second story deck on the lakeside of the house. The deck, floor teards and joists that were built into the house originally are rotting. The existing deck extends 4' from the house and is the full width of the house, 54.2' for a total of 216.8 s.f The applicant is proposing to remove 104 s.f. of the deck and adding a small section onto the deck, 91.45 s.f, to allow for a sitting area resulting in a total net reduction of 12.55 s.f. The house was built in 1959 at its present location and has not been added onto. The driveway is shared with neighbors through an easement and the lot is undersized for its zoning district. The requested variance is for: 1. Section 10.03, Subd. 14 (C): Lot Coverage: In all zoning district, for all lots 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. Variance Request: To permit 3,676.45 s.f (23.2%) of lot coverage, where 3,589 s.f (23.3%) exists and 2,305 s.f (15%) is allowed. <*. I ■; 2. Section 10.22, Subd. 1 (B) and Section 10.56, Subd. 16 (C)(6): Average Lakeshore Setback: No principal structure shall located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots. Variance Request; To permit the deck to encroach 55* into the average lakeshore setback. 3. Section iO.22, Subd. 2, and Section 10.56, Subd. 16 (LX2): Lakeshore Hardcover: Within 75- 250' of the shoreline there shall be no greater than 25% hardcover. Variance Request: To permit a hardcover variance to allow 6,118.45 s.f. (67.7%), where 6,960 s.f. (77.11%) exists and 2,256.5 (25%) is allowed. PLANNING COMMISSION; The Planning Commission recommended by a 5 toO vote to: Approve the application as presented. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. vt.ru' .t» trr* - I* ^ k.itaa A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 14 (C); SECTION 10.22, SUBDIVISIONS 1 (B) AND 2; AND SECTION 10.56, SUBDIVISIONS 16 (C) (6) AND 16 (L) (2) FILE #2543 WHEREAS, Theodore R. Edin and Judith A. Edin (hereinafter "the applicants") are owners of the property located at 3025 Casco Point Road within the City of Orono (hereinafter "City") and legally described as follows: That part of Tract A, Registered Land Survey No. 395, files of Registrar of Titles, Hennepin County, Minnesota, lying Northerly of the following described line: Beginning at the Southeasterly comer of Tract B; thence Southwesterly along a line drawn through a point on the base line shown on said R.L.S., 80.00 feet Northwesterly from its intersection with the Southeasterly line of said Tract A, to the shore of Lake Minnetonka and there terminating: and That part of Tract B, said R.L.S. No. 394, lying Southerly of a line drawn parallel with and 50.00 feet Southerly from the Northerly line of said Tract B, said 50 feet being 50.00 feet measured along the Easterly line of said Tract B, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Plaiming Codes, the Orono Planning Commission held a public hearing on March 20, 2000, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Codes Section 10.03, Subdivision 14 (C) to allow lot coverage of 3,576.45 s.f. (23.2%), where 3,589 s.f. (23.3%) exists and 2,305 s.f. (15%) is allowed; Section 10.22, Subdivision 1 (B) and Section 10.56, Subdivision 16 (C) (6) to allow encroachment of 55’ into the average lakeshore setback and Section 10.22. Subdivision 2; and Section 10.56, Subdivision 16 (L) (2) to allow hardcover in the 75-250' setback area of 6,118.45 s.f (67.7%), where 6,960 s.f. (77.11%) exists and 2,256.5 s.f (25%) is allowed to permit replacement of an existing second story lakeside deck. Page I of 7 Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, 1. 2. 3. FINDINGS This application was reviewed as Zoning File #2543. The property is located in the LR-IC Zoning District, where .5 acres or 21,780 s.f. is the minimum lot area. The property consists of .35 acres or 15,370 s.f. The Planning Commission reviewed this application on March 20, 2000 and recommended approval on a vote of 5 to 0. 4. The Planning Commission made the following findings of fact: A. Lot coverage is being reduced from 3,589 s.f. (23.3%) to 3,576.45 s.f. (23.2%). B. Hardcover in the 75-250' setback area is being reduced from 6,960 s.f. (77.11%) to 6,118.45 s.f. (67.7%). C. The lot is unusually small and narrow for the LR-IC zoning district. D. The residence was built prior to the current zoning standards. E. Encroachment into the average lakeshore setback will not adversely affect the neighboring property. Page 2 of 7 Jt, -m- 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 would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Codes Section 10.03, Subdivision 14 (C) to allow lot coverage of 3,576.45 s.f. (23.2%), where 3,589 s.f. (23.3%) exists and 2,305 s.f (15%) is allowed; Section 10.22, Subdivision 1 (B) and Section 10.56, Subdivision 16 (C) (6) to allow encroachment of 55' into the average lakeshore setback; and Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to allow hardcover in the 75-250' setback area of 6,118.45 s.f (67.7%), where 6,960 s.f (77.11%) exists and 2,256.5 s.f (25%) is allowed to permit replacement of an existing second story lakeside deck. Approval is subject to the following conditions: 1. 2. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. The applicant shall remove plastic from rockbed on the property within 90 days of receiving a building permit. Page 3 of 7 3. 4. 5. The applicant is advised that the hardcover items and percentages approved with this resolution are approved only in conjunction with the approved plan, and this approval does not intend to grant approval for any other future plan that may be proposed in the future at the same hardcover percentage. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (April 10, 2001). Violation of or non-compliance ^\ith any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6.The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 4 of? f k Adopted by the Orono City Council on this 10th day of April, 2000, ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 10th day of April, 2000, by Gabriel Jabbour & Linda S. Vee, Mayor & 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 ) ) ss. COUNTY OF HENNEPIN ) On this day of 200 _before me a Notary Public within and for said county, personally appeared________________________________________ known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of ^ 200 _before me a Notary Public within and for said county, personally appeared_______ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 6 of7 2?I O J T “-E 61TE PLAN SCALfTFTso^ ee-ccen TED 4 JUDY EDN 302b CA6CO PONT ROAD UIAYZATA 6D-41I-E6n NM WA DECKAOOITiON DOJ&5ELLE WA BRAND04 RETER FEBRUARY M. 2M0 0 0 joBMreER CUSTOMER NAME STREET CITY : i HOMEPNONE • o* none PHONE fMSj ; none PHONE ACRS; > CONSTRICTION TYPE SALESrUN PROJECT MANA6ER DESI6NEDBY DATE MT REVISION 3ND REVISION 9-EDIN-AI- CON9TRUCTED BT PANELCRAFT OF MIhNESOTA. INC BJR u 6 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 612-249-4600 ZONING FILE # 2543 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: 3/21/2000 TO: Theodore R. Edin 3025 Casco Point Road Wayzata,MN 55391 COPIES: TYPE OF APPLICATION: Variance DATE OF MEETING March 20,2000 Planning Commission recommends the following: VOTE: 5 FOR 0 AGAINST Approval as submitted. Applicant’s next scheduled meeting is confirmed as: City Council on April 10,2000 at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. ORONO PLANNING CONLVOSSION MEETING MINUTES FOR MARCH 20,2000 Hawn stated she would like to see the Applicant take steps to improve the situation and become a / better neighbor./ / Nygard commented the LMCD does govern how many docks are allowed per feet of shoreline /Randgaard stated he owns approximately 600 feet of shoreline, with the second dock being permitted / according to the LMCD. Randgaard indicated he will not be parking a boat permanently on the north side of the dock extension./ la^i Berg encouraged the Applicant to become a good neighbor. / Nygard commented he personally measured the area and founli approximately 75 feet between the dock and the opposite shoreline, and questioned whether the Applicant felt there would be problems vrith navigating the channel. / / / Randgaard indicated in his view there should not be any navigational problems In the channel Lindquist moved, Hawn seconded, to recommend approval of Application #2551, Thomas / Michael Randgaard, 2765 Shady^ood Road, granting of a conditional use permit to allow a 14 foot extension to an existing dock subject to the conditions outlined in the March 20, 2000 City Planner ’s Repon. Weinberger stated he^ll assume the maximum boat kept on this dock will not exceed 40 feet. Hawn commented in her opinion the boat could not be larger than that without causing navigational problems. Kluthy^ended the motion, Hawn seconded, to require a permit be obtained on the fcond dock. VOTE ON AMENDMENT TO MOTION: Ayes 5, Nays 0. VOTE ON THE AMENDED MOTION: Ayes. 5, Nays 0. (#2) #2543 Tf D Bi>IN, 3025 CASCO POINT ROAD, VARIANCES, 6:49 p.m. - 6:53 p.rr*. Ted Edin, Appi.caiu, appeared before the Applicant. Bottenberg stated this application has appeared before the Planning Commission on two prior occasions where the application was tabled to allow the Applicant time to redesign a lakeside deck Page 3 t ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 20,2000 to conform more with Orono's zoning code. The Applicant has applied for variances to replace an existing second story deck on the lakeside of the house due to its deteriorating condition. The deck extends four feet from the house and is the full width of the house. In addition to replacing the house, the Applicant is proposing to add a small section onto the deck approximately 8' by 12' to allow for a sitting area. Variances to structural coverage, hardcover in the 75-250* setback, and average lakeshore setback are required on this application. Bottenberg noted the Applicant has reduced the size of the proposed deck by 12.55 square feet, which reduces structural coverage from 23.3 percent to 23.2 percent. The Applicant is also proposing to reduce hardcover from 77.11 percent to 67.7 percent. The redesigned deck will not encroach further Into the average lakeshore setback and will be located approximately 24 feet from the property line. Bottenberg stated the existing deck encroaches 55 feet into the average lakeshore setback. Edin had no comment regarding his application. Hawn acknowledged this process has been somewhat frustrating for the Applicant, noting she is pleased vrith the proposed changes. Nygard and Berg stated they also liked the proposed changes. There were no public comments regarding this application. Nygard moved, Kluth seconded, to recommend approval of this Application #2543. Ted Edin, 3025 Casco Point Road, to allow variances to structurai coverage, hardcover in the 75'to 250' setback, and average lakeshore setback, subject to the conditions outlined in the March 20, 2000 City Planner's Report. VOTE: 5-0. (#4) #2 ERSTONE NEW TESTAMENT CHURCH, 850 WAYZATA BOULEVARD, CONDITIONAL USE PERMIT A NCES, 6:54 p.m. - 7:05 p.m. Dave Henderson, Cornerstone New Testament Church, ap Weinberger stated the Applicant is requesting a conditional use penrnit to permit a Page 4 ^ D TO: FROM: DATE: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator Wendy Bottenberg, Assistant Zoning Administrator/Planner March 20,2000 SUBJECT: #2543 TedEdin 3025 Casco Point Road Variances -- Public Hearing Zoning Dirstrict: LR-IC One Family Lakeshore Residential District (.5 Acre) Lot Area:15,370 s.f. (.35 acres) List of Exhibits A B C D E F G H I J Application Revised Site Plan Letter to applicant explaining hardcover and structural coverage Average Lakeshore Setback Plat Map Location Map Planning Commission Minutes (January 19, 2000) Staff Report (January 19,2000) Planning Commission Minutes (November 15, 1999) Staff Report (November 15,1999) Pertinent Code Sections: 1. Section 10.22, Subd. 1(B) and Section 10.56, Subd. 16 (C)(6): Ave»*age Lakeshore Setback: No principal structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots. Variance Request: To permit the deck to encroach 55' into the average lakeshore setback. 2. Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L)(2): Lakeshore Hardcover: Within 75- 250' of the shoreline here shall be no greater than 25% hardcover. Variance Request: To permit a hardcover variance to allow 6,118.45 (67.7%), where 6,960 s.f. (77.11%) exists and 2,256.5 s.f (25%) is allowed. U2543 Ted/Judy Edin 3025 Casco Point Road Variance 3/20/2000 Page / ANALYSIS Lot Area: LR-IC Lot Area Lot Width Required 21,780 s.f (.5 acre)100' Actual 15,370 s.f (.35 acre)50’ Hardcover Calculations: Distance from Shore Total Area in Setback Allowed Hardcover Existing Hardcover Proposed Hardcover 0 ’-75’6,344 s.f 0 s.f (0%)628 s.f (9.9%)628 s.f - no change 75’-250’9,026 s.f 2,256.5 s.f (25%) 6,960 s.f. (77.11%) 6,118.45 s.f (67.7%) Structural Coverage : Total Lot Size Total Structural Coverage 15,370 s.f Allowed: 2,305.5 s.f (15%) Existing: 3,589 s.f (23.3%) Proposed: 3,576.45 s.f (23.2%) Statement of Hardship: The applicants have included their statement of hardship in Exhibit A. The applicants should also be asked for their testimony regarding this issue. Issues for Consideration ; 1. The residence was built in 1957 in its current position. There have not been any additions or changes to the original residence. The lot and average lakeshore setback is unusual because of the lot configuration to the north. U2S43 Ted/Judy Edin 3025 Casco Point Road yarian'’es 3/20/2000 Page 3 2. The joists of the deck are rotting and were built into the house and need to be replaced. 3. Other issues raised by the Planning Commission. Staff Recommendation; Staff makes the following recommendations: 1. Approve the variances for lot coverage, hardcover coverage in the 75-250’ setback area, and average lakeshore setback. 2. A new survey to show revisions be submitted to City staff for approval before building permit will be issued. I .01 H2543 Ted/Judy Edin 3025 Casco Point Road Variances 3/20/2000 Page 4 i Ul —1 -•E r \\ \ d\ \ \ \ U 6 LAN SCALE: 1" - 30’ 00-00M TED < JUDY EDM 3025 CASCO POMT ROAD lUATZATA SS3SI 6B-41I-M31 N/A WA DECK ADDITION DOUaSELLE N/A BRANDON miTER FEBRIARY M, 3000 0 0 JOBMraER CUSTOMER NATC STREET CITY HOnE PHONE UlORK PHONE THISi ttlORK PHONE THERS) CONSTRICTION TYPE SALESMAN PROJECT MANAGER DESIGNEO BY DATE ISTREViSiON 2ND REVISION CONSTRUCTED BY PANELCRAFT OF MINNESOTA, INC. 0B-EDIN-A1- BJR CP u % d GITYof ORONO Municipal Offices StnttMilnss: 2750 Kelley ParVway Orano, MN 55356 Mailing Mdrass: P.O. Box 66 Crystal Bay, MN 55323-0066 January 27,2000 Ted and Judy Edin 3025 Casco Point Road Wayzata, MN 55391 Dear Mr. & Mrs. Edin: RE: Application #2543 Per your request, this letter details Orono ’s zoning code regulations and options that were discussed at the January 19, 2000 Planning Commission meeting. Also enclosed are some explanatory materials regarding hardcover (structural and non-structural) and structural coverage, as well as a letter for you to sign and return to waive the standard 120 day review period. Hardcover The amount of total hardcover in the 75-250' setback area on your lot is currently 77.11%. This includes structural hardcover (things that are constructed such as buildings, decks, etc.) and non-structural hardcover (surfaces such as landscape beds underlaid with plastic or weed control fabric, sidewalks, driveways, etc.). In this setback area, Orono ’s zoning code allows 25% total hardcover. By removing black plastic or landscape fabric in this area the non-structural hardcover will be reduced and the total hardcover amount will be reduced. City Council Resolution #4006 adopted in 1997 (attached) clarifies the City’s intent that all plastic/fabric landscaping material be removed when variances are requested and existing hardcover exceeds the allowed percentages. Structural Coverage The structural coverage (the percentage of the entire lot area that is covered by structures) for your lot is currently 23.3%. The proposed bump-out on the deck will increase your structural lot coverage to 23.9%. Orono ’s zoning code limits structural coverage to just 15% for lots less than 2 acres in size. The Planning Commission discussed the amount of structural coverage and hardcover existing on your lot, and how your proposal to replace the deck affects these calculations. Their comments included: • The hardcover percentage in the 75-250' setback area is currently 77.11 %. This is much higher than the allowed 25% and Planning Commission would like to see what can be removed to lov/er the number significantly. Removal of landscape fabric behind the garage (829 s.f.) and conversion of this area to grass or a similar non-hardcover surface will decrease the hardcover amount to 68.9%. Telephone (612) 249-4600 • Fax (612) 249-4616 TED EDIN S A & B. R.L.S. NO. 394 IN COUNTY, MINNESOTA --5-rf=i_r----------\ T-yi 17± larrison . // ,A<^;;\. ^ •— jiay ■„■.■■ ■ Arm • ••* DEERINO /m^V- • .-■ Crystal e A ' • ■■■ ■ \r ■• • • • • £d22rt4wi UITU^ MUilifl to I r§ Ti / 5 ® B 5 ■£«I»5^ 1^:'^^"iriSRlTtyL >i^g; I UMlaCSTM S AM^ '^Spring Park »4LM60«IO >£M(T9MrT« ^ - UDUMIB lOMCRTIV >x i^^GOOSE ' ISLAND V-' ^\SM0H£LIHC O V'^-' iiwc *jr\ hM«| Soi^l , • • • \ • • • -V.5HADT W.>. ISLAND >N • • • •£?tC Issues for Consideration: 1. The residence was built in 1957 in its current position. There have not been any additions or changes to the original residence. The lot and average lakeshore setback is unusual because of the lot configuration to the north. 2. The joists of the deck are rotting and were built into the house and need to be replaced. 3. Other issues raised by the Planning Commission. Staff Recommendation: Staff recommends approval of the variances to rebuild the deck the same dimensions as exists. 8 Exhibits A Application B Letter from applicant C Site Plan/Survey D Plat Map E Location Map F Average Lakeshore Setback G Hardcover Worksheets H Property Owner’s List I Permit Record #2543 TedEdin 3025 Casco Point Road Variances PC-l/14/00 page-3 A i^pfication # Date Received ^ Amount Paid cm’ OF ORONO - VARIANCE APPUCATION Initial Application Fee $250.00 (S50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the*Fact Fees (Double application fee) A:-. s-r.f. Property Identification Number (PJJ).^ 3.0-/tl 3S Attach legal description to application if not included on required survey. Date Property Acquired >1 ____________________(month/year) I (do) noj) also own the adjacent parcels of land. Present use of property: V residential o ther (specify)_____________________ Zoning District: f- \ C______________________________________________ applicant ^ Name ___1 Address; 3oZ'i f^r. Phone fhome ’l ^7 Phone (work).m City : 2» ______Zin: ■X'. OVTsER (if different than applicant) Name _____________________ Phone (home). Phone (work)_3 Address:City:.Zip;. DESCRIPTION OF REQUEST Describe request in detail: __ Estimated Construction Cost $. (attach additional sheets if necessary) _{j" VARIANCES REQUIRED Lot Area Lot Width Hardcover Lot Coverage Setback:Front Side Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difticulty or unusual property conditions preventing compliance with Zoning Code requirements:__________________________________ (attach additional sheets if necessary) Theodore & Judith Edin - 302S Casco Point Road - Orono Description of Request -fiom page one A need to rebuild portions of the deck from second floor - home built in 1959 - Deck extends 4* from house, full width of house, with door leading directly from living room. As such it is the main and natural exit to the lawn and lake beyond the house. Several underlying supports show signs of rotting - a danger in the near future Surfrtce of the deck was attached with regular nails, now some boards are rising at the end' point where they are attached and caimot be luuled flat any longer - nails do not hold down Some of the deck boards are showing cracks and curling on the outer edges Our request is to: Strengthen the supports where they are showing rot Replace the deck with boards attached properly with screws, spaced to drain water below Replace the railings with horizontal “spacers* most likely - installed to current code for spacers between each post Add a small section, approximately 8 ’at the deepest point, and wide enough for a small table about 4’ diameter and 4 small chairs. See two rough drawings as ideas for deck extension The entire roof overhang above the deck is very generous and collects the water from the roof which drains down on either side of the house, and into the ground/lawn beneath and either end of the deck. Our plans are to retain the lawn/grasses beneath the deck extension, with no hardcover added. The only area we have changed, involving hardcover, is behind the garage. The replacement was &bric with “slots ’’- draining the rain fall into the ground on purpose, to support the growth of large pine trees which grow along the north side, behind the garage. As a result, weeds do grow in the sununer, but the pine trees do flourish. All rainfall on the south side of the home drains from the roof, above and beyond the rocks and plastic in this area, onto the grassy areas beyond them and drains into the lawn below the house on the lake side. The two drain pipes which accomplish this are in place at all times but are removed during the winter months so ice does not back up into the gutters above them. Likewise, the rain from the entire north side of the house/garage drains into gutters and is carried into the ground from two points at each end of the gutters. If necessary to make a trade*off we will remove the plastic from the area below the entire present deck and add a few plantings. ch) 9 S 6 71 QO ^ o r /CiO ------------------- ^ I ! ! i • I I: • i i i ! I • I I ;i * I f 6 05) i '.A.. .1.M t c jmftoi u iarrison : Arm B DEERINO K S\ \ Mt ttVOS Mini /^SaonM Lake *!!£5!ii#i 9 » ^ |^40(S SikSLkn >>oaoTiMm mK* JATT«S m^i Crystal « • •• • V , B~ LiaiU / ES rpisf*.j&yf-iwwiu 14UIIU ^.emiiim tn >*L2M0ALC KO Btack e«.gMi£cf®2i*//r‘??52S ) u^; 1«V Spring Park H liEEaP* A / 3 NO IlflITNO PellStn Point i bjijf ti mm Aititffi ii nMOfii “5 I100MI 111 ^fimi W.Zm c^COOSEISLAND cmuTK^S iSlTMls AVlV^ Ttiic y m \ ^XSMORCUNC o % " / :mii I BUM IV ^A^\my^' MUMOWW ~ 'r ^ vcufmftmi tiS »CMrmURTIB -4UIUMIB J •*,. SPRAY IlSU^' * •. P^SHADY .1 ISLAND • • TED EDIN S A & B. R.L.S. NO. 394 IN COUNTY. MINNESOTA &UAICDLU V U I..V 1 IVJ4> I a SETBACK ZONE: (CIRCLE ONE) 75-250' 250-500’ 500-1000' EXISTING HARDCOVER IN ZONE ------ A. House _____________ X ______________ = S.F. Length B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain Bv Plastic Or Fabric Width X X X X X X X X X X X X 8 s 2&. \^a 40 422 S.F. S.F. S.F. S.F. S.F. S.F. S F - COHCRFTf S.F. s.F.-oec< S.F.-STOHC S.F.-ROCK 4RE S.F. S.F. G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ _ _ _ _ _ __ - B » PROPOSED HARDCOVER IN ZONF.‘ A. House X Length B. Garage C. Driveway D. Sidewalk E. Paiio/Deck F. Landscape Underlain By Plasiic Or Fabric X X X X X X X X X X 6281 .N 100 Width 8 3 S.F. S.F. S.F. 9.4 t % S.F. S.F. S.F. S.F. S.F. S.F. S.P. S.F. S.F. S.F. SF. S.F. S.F. S.F. A B G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ - B X 100 S.F. S.F. S.F. % A B 13 UA1U>L,UVLK i SETBACK ZONE: (CIRCLE ONE) 0-75' EXISTING HARDCOVER IN ZONE A. House X Length X X X B. Garage C. Driveway X X D. Sidewalk X X E. Paiio/Deck X • X F. Landscape Underlain By Plastic Or Fabric X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A - B PROPOSED HARDCOVER IN ZONE A. House Leng;th X X X B. Garage C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A - B 1.. A 250-500' Gr 1000' s.F. ~ Width 924- 2ZQ. ^7 1471 SZ9 X 100 Width S s =3 SS S S3 X 100 s.p.-coNcftrrt S.F.HtfOPO WA S.F. S.F. S.F. •I ..1 S.F. S.F. S.F. s.f: S.F.-ROCK S.F. S.F. S.F. 6^601 S.F. <1026 1 S.F. 77,11 1 % A B S.F. S.F. S.F. S.F. • S.F. S.F. - S.F - • S.F. S.F. S.F. S.F. S.F. S.F. S.F.i ( S.F.t S.F. A S.F. B % X RUN DATE If/iVTf HENNEPIN COUNTY PROPERTY INFORNATION SYSTEH PROPERTY OUNERS LIST REPORT NO. PlASMRl PAGE IB BATCH 514 PROP ADDR OHNER NANE TAXPAYER NANE/ADDR SB 2B-117-2S M 0001 0S0S5 CASCO POINT RO T BERTNI..ilh£/C XACHENNEISTER THONAS B BERTHIAUNE 3035 CASCO POINT ROAD NAYZATA NN 55301 3B 20-117^23 30 0002 03025 CASCO POINT RD T R EDIN OJA EOIN 'THEODORE B JUDITH EDIN 3025 CASCO POINT RO NAYZATA NN 55391 SB 20-117-23 30 0003 03015 CASCO POINT RD R 0 LAURIE ETAL R 0 LAURIE 3015 CASCO PT RD NAYZATA NN 55391 1 PROP ADDR ONNER NANE TAXPAYER NANE/ADDR SB 20-117-23 30 0012 03005 CASCO POINT RD R A KASTENS BBC KASTENS RICHARD A/BARBARA C KASTENS 3005 CASCO POINT RD NAYZATA NN 55391 3B 20-117-23 30 OOIB 03055 CASCO POINT RO JOHN P DENNIS ETAL JOHN P B EVY C DENNIS 3055 CASCO POINT RD NAYZATA NN 55391 3B 20-117-23 30 0020 03005 CASCO POINT RD JANES R B CATHERINE HARTZELL JANES R B CATHERINE HARTZELL 29B7 CASCO PT RD NAYZATA NN 55391 PROP ADDR ONNER NANE TAXPAYER NANE/ADDR TOTAL BATCH 504 00004 10 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION Of INFORNATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTNENT OF PROPERTY TAXATION, TO THE BEST OF NY KN0MLED6E AND BELIEF. DATE Permit No. sal 77 a ifcXl 4^ 7<?^ 3>CSS Cci^JCc /-4 Ar^/. T PERMIT RECORD Date Type of Permit U0S1 fO'*/-7 7 73 e/.,q.q,i Ki:^ai. A-3 '^4,1 * C^~ / /..? /Z'^ ir P ;A) ORONO PLANNING COMMISSION MONDAY, NOVEMBER 15,1999 T (il^S42 Bruce Hedblom, Continued) Bruc^edblom. Applicant, was present. Bottenbei^)s^ated the Applicant is proposing to remove an existing second story deck and replace it wi^a 10.6‘ by 23.4* three season porch and 10.6* by 9* wood deck. This proposal would not increase me size of the space but would change the use. The space will consist primarily of the three seasorvt^rch and a small portion on the end will be deck. Hardcover in the 75-250' setback area will i^ain the same. Hedblom stated at the nme the house was originally constructed in 1972/1973, it met all the required building codes alf^at time. Hedblom : oted the footprint of the house will not change with this proposal. Hedblom stab^d he are interested in making the deck more usable by converting it to a three season porch. Hedblori^tated his adjoining neighbors do not object to this project. There were no public comments. Lindquist inquired why City Staff was r^mmending denial on this application. Bottenberg stated Staff was recommending^l^pnial of this application due to the excessive hardcover that currently exists on the property. Hedblom noted that the hardcover will remain the'^me. Lindquist commented that there is some plastic underi^ment that could be removed. Hedblom stated the plastic underlayment adjacent to the h^se is there for drainage purposes, but he would be willing to remove it if requested to do so. Lindquist stated he would like to see the plastic underlayment remqyed. Lindquist noted he does rot have a problem with the hardcover Hedblom noted that the residence is under the structural coverage limits Kiuth stated he does not have a problem with the application. Lindquist moved. Kiuth seconded, to recommend approval of Application #SM2, Bruce Hedblom and Carol Cline-Hedblorn. 2601 Casco Point Road, granting of a variance to lakeshore hardcover and granting of a variance to average lakeshore setback tc^rmit construction of a three season porch and deck to replace an existing deck, subJea.^o the removal of the plastic and permeable underlayment and rock. VOTE: Ayes 6, Nays 1. Stoddard stated he voted against this application due to the increased structure in the average lakeshore setback. •. (#8) #2543 TED EDIN. 3025 CASCO POINT ROAD - VARIANCES, 10:41 p.m. -10:52 p.m. The Certificate of Mailing and Affidavit of Publication were noted, ed Edin. Applicant, was present. Page 20 ORONO PLANNING COMMISSION MONDAY, NOVEMBER 15,1999 (#2543 Ted Edin, Continued) Bottenberg stated the Applicant Is proposing to replace an existing second story deck on the back on the house due to the deteriorating condition of the deck, floor boards and joists. In addition to replacing the existing deck, the Applicant is proposing to add a small section onto the deck. The section would be approximately 6* by 12 ’ to allow for a sitting area. Bottenberg stated the driveway is shared with neighbors through an easement and the lot is undersized for this zoning district. Hardcover would be increased from 77.11 percent to 77.9 percent. Total lot coverage on the lot would also be increased to 23.8 percent. Chair Hawn noted that the Applicants are replacing an existing deck. Edin commented that due to the shared driveway being located on their property, the hardcover for the lot is high. Edin stated they would be willing to remove some plastic underiayment and rock in an effort to reduce the hardcover on the property. Chair Havm stated she would like to see less hardcover on this property. Smith commented the reason for less hardcover is to reduce the runoff into the lakes and streams, noting that a deck is considered hardcover as well as landscaped areas. There were no public comments. Bottenberg stated there is not a lot of area where hardcover could be reduced. Stoddard stated the Issue before the Planning Commission tonight is whether they should be allowed to build over an existing structure and whether the size of the deck should be increased. Chair Hawn stated she has a hard time allowing additional hardcover on this property. Edin stated he would be willing to reduce the hardcover if possible. Hawn suggested the application be tabled to allow the Applicant time to reduce the hardcover on the property. Lindquist noted the Applicant currently has 77.1 percent hardcover and 23.3 percent structural coverage, where 15 percent Is allowed, which the Planning Commission would not like to see increased. Lindquist stated reduction of the deck would count towards reduction of hardcover but not plastic underiayment or rock. Nygard stated the plastic underiayment will still need to be removed by the Applicant. Chair Hawn stated the Applicant has a right to have his application heard within 60 days, and inquired whether he would be willing to waive the 60 days. Edin stated he would be willing to waive the 60 days. Berg moved, Kluth seconded, to table Application #2543,3025 Casco Point Road, to allow the Applicant time to reduce hardcover on the property. VOTE: Ayes 7, Nays 0. Item #10 was heard after Item #11 Page 21 ORONO PLANNING COMMISSION MONDAY, NOVEMBER 15,1999 (#2543 Ted Edin, Continued) E 'ttenberg stated the Applicant is proposing to replace an existing second story deck on the b . ck on the house due to the deteriorating condition of the deck, floor boards and joists. In addition to replacing the existing deck, the Applicant is proposing to add a small section onto the deck- The section would be approximately 6' by 12* to allow for a sitting area. Bottenberg stated the driveway is shared with neighbors through an easement and the lot is undersized for this zoning district. Hardcover would be increased from 77.11 percent to 77.9 percent. Chair Hawn noted that the Applicants are replacing an existing deck. Edin commented that due to the shared driveway being located on their property, the hardcover for the lot is high. Edin stated they would be willing to remove some plastic underiayment and rock in an effort to reduce the hardcover on the property. Chair Hawn stated she would like to see less hardcover on this property. Smith commented the reason for less hardcover is to reduce the runoff Into the lakes and streams. There were no public comments. Bottenberg stated there Is not a lot of area where hardcover could be reduced. Stoddard stated the Issue before the Planning Commission tonight Is whether they should be allowed to build over an existing structure. Chair Hawn stated she has a hard time allowing additional hardcover on this property. Edin stated he would be willing to reduce the hardcover if possible. Smith suggested the application be tabled to allow the Applicant time to reduce the hardcover on the property. Lindquist commented that plastic underiayment and rock are generally not counted as hardcover. Nygard stated the plastic underiayment will still need to be removed by the Applicant. Chair Hawn stated the Applicant has a right to have his application heard within 60 days, and inquired whether he would be willing to waive the 60 days. Edin stated he wculd be willing to waive the 60 days. Berg moved, Kluth seconded, to table Application #2543, 3025 Casco Point Road, to allow the Applicant time to .reduce hardcover on the property. VOTE: Ayes 7, Nays 0. Item #10 was heard after Item #11 Page 21 O' TO: FROM: DATE: SUBJECT: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator Wendy Bottenberg, Assistant Zoning Administrator/Planner November 10,1999 #2543 TedEdin 3025 Casco Point Road Variances - Public Hearing _______________________ 2^ning District: LR-IC One Family Lakeshore Residential District (.5 Acre) Lot Area:15,370 s.f. (.35 acres) .V ' •/(. This application requires the following variances: Section 10.22, Subd. 1 (B) and Section 10.56, Subd. 16 (C)(6): Average Lakeshore Setback: No principal structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots. To permit the deck to encroach 58' into the average lakeshore setback. Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L)(2): Lakeshore Hardcover: Within 75 to 250 feet of the shoreline there shall be no greater than 25% hardcover. To permit a hardcover variance to allow 7,032 s.f (77.9%) where 6,960 s.f (77.11%) exists and 2,256.5 s.f (25%) is allowed. Section 10.03, Subd. 14 (C): 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 strictures shall not exceed 15% of the lot area. To permit 3,661 s.f (23.8%) of lot coverage. Application Summary: The applicant is proposing to replace an existing second story deck on the back of the house. The deck, floor boards and joists that were built into the house originally are xfotting. The deck extends 4’ from the house and is the full width of the house. In addition to replacing the existing deck the ^plicant is proposing to add a small section onto the deck. The section would be approximately 6' x 12' to allow a sitting area. The house was built in 1959 and has not been added onto. The driveway is shared with neighbors through an easement and the lot is undersized for its zoning district. ^2543 Ted Edin 3025 Casco Point Road Variance ! 1/10/99 Page I ANALYSIS Lot Area: LR-IC Lot Area Lot Width Required 21,780 s.f. (.5 acre)100' Actual 15,370 s.f. (.35 acre)50’ Hardcover Calculations : Distance from Shore Total Area in Setback Allowed Hardcover Existing Hardcover Proposed - Hardcover 0’-75’6,344 s.f.0 s.f. (0%)628 s.f. (9.9%)628 s.f. - no change 75’-250'9,026 s.f.2,256.5 s f (25%) 6,960 s.f. (77.11%) 7,032 s.f. 1 (77.9%) Structural Coverage : Total Lot Size Total Structural Coverage 15,370 s.f.Allowed: 2,305.5 s.f. (15%) Existing: 3,589 s.f. (23.3%) Proposed: 3,661 s.f. (23.8%)- (6’xl2' added area) Statement of Hardship: The applicants have included their statement of hardship in Exhibit B. The applicants should also be asked for their testimony regarding this issue. U2543 Ted Edin 3024 Casco Point Road Variances PC-n/IO/99 Page-2 Issues for Consideration : 1. The residence was built in 1957 in its current position. There have not been any additions or changes to the original residence. The lot and average lakeshore setback is unusual because of the lot configuration to the north. 2. The joists of the deck are rotting and were built into the house and need to be replaced. 3. There are a number of landscaped areas with plastic underneath. 4. Other issues raised by the Planning Commission. Staff Recommendation: Staff recommends approval of the variances to rebuild the deck the same dimensions as exists. Exhibits A Application B Letter from applicant C Site Plan/Survey D Plat Map E Location Map F Average Lakeshore Setback G Hardcover Worksheets H Property Owner ’s List I Permit Record U2S43 TedEdin 3025 Casco Point Road Variances PC-11/i 0/99 page-3 L COUNCIL MEETING Application Date: 11/21/99 Completion Date: 11/21/99 Deudline: Waived APR 1 0 2000 CITY Oh UttOMO REQUEST FOR COUNCIL ACTION DATE: 4/10/00 ITEM NO. Department Approval: Name Paul Weinberger Title Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description:#2551 Thomas Randgaard 2765 Shadywood Road Conditional Use Permit to permit extension to a permanent dock Zoning District: List of Exhibits LR-IB One Family Lakeshore Residential District (1 Acre) A B C D E F G Application Plat Map LMCD Permit Letter (Dated 6/22/99) LMCD Letter (Dated 10/23/99) Site Plan Property Owners List Draft Planning Commission Minutes (March 20,2000) Summary of Request: Mr. Randgaard has submitted an application for a conditional use permit, per Code Section 10.55, Subdivision 9(B) to permit a 14 foot extension to an existing dock. The dock is located in Lake Minnetonka and is under the jurisdiction of the Lake Minnetonka Conservation District (LMCD). Mr. Randgaard ’s permit was approved by the LMCD in June, 1999 (Please refer to attached letters from the LMCD). The LMCD has reviewed the permit request with the Hennepin County Sheriffs Water Patrol and has determined the permit issued for the dock will not create navigational problems in the cove. In reviewing our files the City and DNR had issued permits to relocate the existing dock to its present location, but no permits were issued for the dock prior to 1983. It is believed the dock had existed as a permanent dock prior to 1983. The LMCD permit indicates there is 120 feet between the permanent dock and the opposite shore. . V I I LMCD Permit Greg Nybeck, Executive Director of the LMCD, has stated the Hennepin County Sheriffs Water Patrol has reviewed the matter of the proposed dock extension and concluded the actual dock structure does not create a navigational problem in the channel. The primary concern with the dock extension at the previous Planning Commission meeting is distance across the channel. In the permit approved originally by the LMCD the distance measured from shoreline to shoreline was listed at approximately 120'. Staff has concluded the actual distance between the proposed dock extension to the opposite shoreline is approximately 75’. There is no change to the status of the LMCD permit. Mr. Nybeck did agree parking of boats on the north side of the dock could obstruct access to other docks in the channel. In his letter, dated October 13,1999, he states it is the responsibility to ensure that boat storage on the north side of the dock does not cause a navigational problem to other docks in the area. In discussions with Mr. Randgaard, both sides have agreed that the entire north side of the dock cannot be used for parking of additional boats. Staff has communicated its concern about any parking on the north side of the dock. Mr. Randgaard has stated he would be willing to have a condition of approval that no parking would be allowed on the 14' dock extension and no more than one boat would be permitted to dock on the north side of the structure. The LMCD has stated they do not have a provision to prohibit parking of boats in this location. PLANNING COMMISSION RECOMMENDATION On a vote of 5 to 0 the Planning Commission recommended approval of the variances and conditional use permit subject to the following conditions: 1. The applicant maintains active licenses with the LMCD and DNR. 2. 3. 4. The dock does not cause navigational problems or obstruct access within the channel per LMCD requirements. Future replacement or alteration of the dock will require a new conditional use permit from the City of Orono. No parking of boats is permitted along the 14' extensions to not further impact channel access. 5. The temporary- dock shall have a dock permit issued from the City of Orono. STAFF RECOMMENDATION Staff is recommending approval of the conditional use permit to permit a permanent dock extension of 14'. COUNCIL ACTION REQUESTED To adopt or amend the attached resolution. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.55, SUBDIVISION 9 (B) FILE #2551 WHEREAS, Thomas Michael Randgaard, (hereinafter "the applicant") is the Owner of the property located at 2765 Shady wood Road within the City of Orono (hereinafter "City") and legally described as follows: Tracts E, F, G, H, I, J, Registered Land Survey No. 415, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held public hearings on January 19, 2(XX) and March 20, 2(X)0 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicant has applied to the City for a conditional use permit to permit a 14 foot extension to an existing permanent dock. Minnesota; NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #2551. 2. The property is located in the LR-1B Zoning District. 3. The Planning Commission recommended by a vote of 5 to 0 to recommend approval of the conditional use permit based on the following: Page 1 of 4 4. 5. A.The Lake Minnetonka Conserv ation District has issued a permit for the dock extension of 14 feet. B.The Hennepin County SherifFs Water Patrol has reviewed the request and determined the dock extension does not create a navigational problem. C. Several adjacent property owners have expressed concerns regarding safe access to the channel for their individual docks if the extension is approved. D.To not further obstruct access to the channel no parking of boats shall be allowed on the 14 foot extension. Only that portion of dock that had existed previously shall be permitted for boat parking. The City Council finds that granting a conditional use permit to permit a 14 foot extension of the existing permanent dock 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 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 of the above findings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.55, Subdivision 9(B), to permit a 14 foot extension to an existing permanent dock, subject to the following conditions: 1. The applicant maintains active licenses with the LMCD and DNR. Page 2 of 4 . 2Ad .. . 2. 3. 4. The dock does not cause navigational problems or obstruct access within the channel per LMCD requirements. If navigational problems occur this conditional use permit shall be subject to review by the City Council. Future replacement or alteration of the dock will require a new conditional use permit from the City of Orono. No parking of boats is permitted along the 14* extensions and to not further impair access to other docks in the channel. 5. 6. 7. 8. The temporary dock shall have a dock permit issued from the City of Orono. Authorities granted by this resolution 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 (April 10,2000). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 10th day of April, 2000. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner Page 3 of 4 STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ) ss. The foregoing instrument was acknowledged before me on this 10th day of April, 2000 by Gabriel Jabbour and Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 4 ■ iiih Miliill l■^ll ■ Application #2S^S\ Date Received Amount Paid CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address 20(0? Type of Application to be Filed V\.o ss>y^ ( ir?_ i ^ . V’loiA< Property Identification Number (P.I.D.) 3i\~ l V*\~ — Qg)CaO ^ (home)_____ Name \ ______________Phone (work) Address <>V iaAj^i uooA. City (3ept>o Zip OWNER (if different than applicant) Name Phone (home). Phone (work). Address City Zip. Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - . $ 75.00 For each variance request with CUP application yC $175.00 Residential Accessory Use _____$250.00 Institutional (church, school, etc.) _____$225.00 Guest House/Guest Apartments _____$200.00 Duplex Credit/Bldg _____$300.00 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 witWn 75' of lakeshore f S?^3Z5^- •J PRD/PID - see Fee Schedule $150.00 Renewal Fee (no change from original application) Afler-the-Fact Fee - Double Current Application Fee % .»• ‘X: .1 *....... . y OTHER APPLICATIONS _____$250.00 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) ______$350.00 Comprehensive Plan Amendment _____$100.00 Appeals Other - see Fee Schedule »*• ?! ] BOARD MEMBERS Douglas E. Babcock Chair. Tonka Bay Bert Foster Vice Chair. Deephaven Eugene Partyka Secretary. Minnetrista Craig Nelson Treasurer Spring Park Andrea Ahrars Mound Bob Ambrose Wayzata Kent Darien Minnetonka Beach Craig Eggers Victoria Tom Oilman Excelsior Greg Kitchak Minnetonka Uli McMllian Orono Rotart Rasccp Snorewood Herb J. Suervi Woodtand Sheldon Wert Greenwood 't" LAKE MINNETONKA CONSERVATION DISTRICT 18338 MINNsTONKA 8LV0. • 2 ==PHAV£N. MINNESOTA 55391 • TELEPHONE 612/745-0789 • FAX 612/745-3035 June 22 1999 Gragory S. Nybeck, EXECUTIVE DIRECTOR Mr. Thomas Rangard 2765 Shadywood Road Excelsior, MN 55331 Subj: 99-67-9 Dear Mr. Rangard; The Lake Minnetonka Conservation District has approved your permanent dock license application for your proposed permanent dock oh Carmans Bay. Additionally, your permanent dock has been approved in accordance with MN DNR General Permit 97-6098. When construction has been completed, please contact this office to schedule a dock inspection. If the size, location, or configuration of the dock is changed in the future, a new permanent dock license application would be required. A new permanent dock license is not required for repair or replacement if it does not alter the size, type, location, or configuration of the dock. If you choose to deice around the dock, a separate deicing permit is required annually. Feel free to call me if you have questions regarding this matter. Sincerely, LAKE MINNETONKA CONSERVATION DISTRICT Roger L. Winberg^ AdministrativeTeCTnician It ^ end: site plan ~l jf cc: Mike Gaffron, City of Orono Ceil Strauss, MN DNR $C*. PKy«l«4Ccr!»»<t 20S Co«»v<t>#f Wit!« V/zi Page Address; http://www.winternet.com/-lmcd/ E-mail Address: Imcd® winternet.com P-< ; 7 frr-'j:"' i-< /- .i -p , li ■ ■ \.ui';'')»»’°'‘'• rof' 'Me -h■■ i fr "“^aM •a ^ ^ /; # C.4- V • r : ^ r?'' .hi=’ / ?^Vt .<'V* 'sN ^ / c<? <7 ^ ^ >zO i A d K I - / / . - • •• # •t • • Mfn M JUN 11 1999 111 #Tf ^ * \ *•-» • I I ' I i•. • f -.V* >? -^>1 » V. BOARD MEMBERS Douglas E. Babcock Chair, Tonka Bay BartFMtar VIca Chair, Oaaphaven Eugana Part]^ Sacretary, Minnetrista Craig Nalson Traaiurar, Spring Park AndraaAhrana Mound Bob Ambrosa Wayzata Kant Oahlan Minnatonka Baach Craig Eggars Victoria TomGibnm Excaiwor Grag Kitchak Minnatonka Uli McMillan Orono Robert Rascop Shorawood Herb J. Suarth Woodland Sheldon Wert Greenwood D LAKE MINNETONKA CONSERVATION DISTRICT f 18336 MINNETONKA BLVD. • OEEPHAVEN, MINNESOTA 55391 • TELEPHONE 612/745-0789 • FAX 612/745-9085 OcU^r 13, 1999 Gregory S. Nybaek, EXECUTIVE DIRECTOR Mr. Thomas Rangard 2765 Shadywood Road Excelsior, MN 55331 Dear Mr. Rangard: * ' 1*7 V/ Late last week, we discussed the permanent dock permit application that was approved for your residence on 6/22/99 (Permit 99-67-9). Specifically, we discussed whether boat storage on the north side of the dock would create navigational problems for other docks in the area. On the morning of 10/12/99,1 met with Lt. Ken Schilling of the Hennepin County Sheriffs Water Patrol to further investigate this issue. Based on our review, we have determined that the permit issued on 6/22/99 does not create a navigational problem and that it is still valid. Despite this interpretation, I believe it is to your benefit to beware of the Code that prohibits structures not to obstruct navigation. LMCD Code Section 2.12, subd. 10 states “No dock, mooring, or other structure shall be so located as to obstruct a navigable channel, or as to obstruct reasonable to any other dock, mooring area or similar structure authorized under this Code". Although your permit still is valid, I am still concerned that boats being stored on the north side of the dock could obstruct reasonable access to other docks on the east-end of the Cove. It is your responsibility to ensure that boat storage on the north side of the dock does not cause a navigation^ problem to other docks in the area. Feel free to call me if you have any questions relating to this matter! Sincerely, LAKE MINNETONKA CONSERVATION DISTRICT Gregory S. Nybeck Executive Director 50% l««eydod Concam 20% Potl Coniumar Waeta Enel: Code excerpt CC: Lt. Ken Schilling, Henn. Co. Sheriffs Water Patrol Mr. Mike Gaffron, City of Orono Ms. Ceil Strauss, MN DNR Web Page Address: http://www.wintemet.cofn/-lmcd/ e-mail Address: lmcdawinternel.com * > ^^>^<?. A'‘' V w'X ... • % A.. y •fs. V »p<^oc\. /v-«> / \< J :# MINN ?roN K«V ' • «k •• ^ iVi' •nC^ v; )0C ;.~^r»'nfC ei^•it55?-.'4S f«*.^ ^ ’** •* / ^>Tt^-'- :5 ‘V *4J Q l.-'^---C>r' \;^Vb'^'o'vV 5is •'•='•] Ov-%. X.. ^°OOC>" J ^•S 'C':. ;, 1 .AA k» ..0 ' C^"o' / ^ V V - / -^v -.-, pcf.^ \o»-':'-*ii«’^ • « • • itiTiiV^^^ffi JUN 11 1999 I) ev.tTc« of= ^ ^ V L RUN PATE 11/QA/9T PATCH SOS HENNEPIN COUNTY PROPERTY INFORHATION SYSTEH PROPERTY OWNERS LIST PROP APPR OWNER NANS TAXPAYER NANE/APDR 58 21-117-25 25 OOIA 00050 OPPRESS UflASSXONEP PHEASANT LAWN HOMEOWNERS PHEASANT LAWN HOmOWNERS 2700 PLEASANT RP EXCELSIOR NN 55551 PROP APPR OWNER NANE TAXPAYER NANE/APOR 50 21-117-25 20 0005 02755 SHAPYNOOD RP R 0 OAY‘ 0 S L GAY RICNARP GAY I SUE GAY 2755 SHAPYWOOP RP EXCELSIGR HN 55531 PROP APPR OWNER NAME TAXPAYER NANE/APPR 50 21-117-25 20 0020 00050 OPPRESS UNASSICNEP TNONAS J CASEY ETAL THOMAS J CASEY 2705 SHAPYWOOP RP EXCELSIOR MN 55351 PROP APPR OWNER NAME TAXPAYER NANE/APPR 50 21-117-25 20 0020 00050 OPPRESS UNASSICNEP OEATRICE 0 CARLSON RICNARP G CAY I SUE L GAY 2755 SHAPYWOOP RD EXCELSIOR HN 55551 PROP Al OWNER NAME TAXPAYER NANE/APPR 50 21-117-23 20 0001 02700 SHAPYWOOP RP W R WXTTHER 8 S K WXTTNER W R WXTTHER t S K WITTHER 2700 SHAPYWOOP RP EXCELSIOR NN 55331 50 21-117-25 20 0005 02705 SHAPYWOOP RP C 0 0 J H FOX GAYLORP 0 t JON MARIE FOX 2705 SHAPYWOOP RP EXCELSIOR NN 55551 50 21-117-25 20 0009 02775 SHAPYWOOP RP P K OLSON TRUSTEE BONNIE K OLSON 2775 SHAPYWOOP RP EXCELSIOR NN 55551 PROP APPR OWNER NAME TAXPAYER NANE/APPR 30 21-117-23 20 0000 02705 SHAPYWOOP RP THOMAS H RANOGAARO THOMAS H RANOGAARO 2705 SHAPYWOOP RP EXCELSIOR NN 55331 50 21-117-25 20 0021 00050 APPRESS UNASSICNEP B K OLSON TRUSTEE BONNIE K OLSON 2775 SHAPYWOOP RP EXCELSIOR NN 55331 50 21-117-25 20 0052 02720 SHAPYWOOP RP B A KVAN A J C KVAH TRUSTEES JOHN C 0 BEVERLEE A KVAH 2720 SHAPYWOOP PI EXCELSIOR HN 55331 30 21-117-25 20 0050 02705 SHAPYWOOP RP T J CASEY 0 S 0 CASEY THOMAS J CASEY 2705 SHAPY WOOP RP EXCELSIOR NN 55331 30 21-117-23 20 0061 00050 OPPRESS UNASSICNEP JOHN r THINHESH THOMAS P HUBER 2615 SHAPYWOOP RP EXCELSIOR NN 55331 REPORT NO. P1035001 PACE 26 30 21-117-23 20 0000 02725 SHAPYWOOP RP H P 0 R A MEEK MICHAEL P 0 ROBERTA A MEEK 2725 SHAPYWOOP RP EXCELSIOR NN 55551 30 21-117-23 20 0016 00030 ADDRESS UNASSICNEP PAVXP C COOK PAVXP C COOK 600 W HXLLSIPE OR WAYZATA NN 55391 30 21-117-25 20 0020 00030 ADDRESS UNASSICNEP JANES 0 OXNTHER ET AL JAMES O OINTHER UNDIVIDED 30 21-117-25 20 0000 02760 SHAPYWOOP RP C S LXNOLEY 0 J D LXNDLEY C S LXNDLEY A J D LINOLEY 2760 SHAPYWOOP RD EXCELSIOR HN 55331 30 21-117-23 20 0059 02771 SHAPYWOOP RP R 0 0 H J OGLE RICNARP 0 0 NARLYS J OCIE 2771 SHAPYWOOP RD EXCELSIOR HN 55551 30 21-117-23 20 0062 00030 ADDRESS UNASSICNEP BOYD WITTHAN BOYD WITTHAN I 5055 TEAL CIR SHOREWC 1 MN 55331 • % •**-r> #• •• J (B^ «. • L.psl Tl frUN DATE ll/E'f/99 DATCH 595 i. niOP AODR OMNER NAHE TAXPAYER NANE/AOOR Sa 21-117-2S 2A ••AS •••S« AOORESS UHASSICNEO D NXEREL • J nXEREL DONALD R • JUDITH D HIE6EL MS SULLIVAN DR COLUNBIA HEI6HTS NN 5SA21 lirNNEPlN COUNTY PROrCRTY INFORHATION SVSTCN PROPERIV OMNEKS LIST 38 21-117-23 28 OCM •27SA S HAD WOOD RD JOHN L FXERELKORN JOHN L FXERELKORN 2730 SHADYNOOD RD EXCELSIOR NN 553S1 REPORT NO. P18SS8S1 PACE 27 38 21-117-23 28 •••5 •278A SHADYNOOD RD ELAINE T PA60NIS ELAINE T FAOONXS 278S SHADYNOOD RD EXCELSIOR NN 5SSS1 ONNER NANE TAXPAYER NANE/ADOR 58 21-117-23 31 •••2 •278» SHADYNOOD RD S R A P A KECK STEVEN R 8 PE66Y A RECK 278S SHADYNOOD RD EXCELSIOR NN 55331 38 21-117-23 31 RAAS •2785 SHADYNOOD RD JANES E ZINHERNAN JANES E ZINHERNAN 2785 SHADYNOOD RD EXCELSIOR NN 55331 38 21-117-23 32 •••• •28R8 PHEASANT RD RALPH D RUR6ESS JR RALPH 0 8URGESS JR> CEO FOOD ENOINEERINK CORPIWATIWi 2785 NIAGARA LAN PLYNOUTH NN 55887 PROP ADDR ONNER NANE TAXPAYER NANE/ADDR TOTAL DATCH 5S5 •••28 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORHATION AS IT APPEARS THIS DATE OH THE RECORDS OF THE HEHNEPIN COUNTY OEPARTNEHT OF PROPERTY TAXATION/ TO THE REST OF NY KN0NLED6E AND RELIEF. DATE F. r\ jn / . y r - 8. «111Vi/1 ^/I Kl -T>-11 L pTiiVwii| JUN 11 1999 OF m \ i ms£uT/3D XJ •'£ ,w ^ >rf .f ■ 1i I I S>iiAlFT ORONO PLANNING COM>DSSION MEETING MINUTES FOR MARCH 20,2000 ROLL The Orono Planning Commission met on the above date with the following members present: Chair Elizabeth Hawn, Commissioners Dale Lindquist, Janice Berg, Jay Nygard, and Daniel Kiuth. Commissioners William Stoddard and Sandr,^ smith were absent. The following represented City Staff: Zoning Administrator Paul Weinberger, Zoning Administrator Wendy Bottenberg, Public Works Director Greg Gappa, and Recorder Jackie Young. Park Commissioner Andrew McDermott was present. Chair Hawn cailed the meeting to order at 6:30 p.m. OLD BUSINESS (#1) #2551 THOMAS MICHAEL RANDGAARD. 2765 SHADYWOOD ROAD, CONDITIONAL USE PERMIT, 6:31 p.m. - 6:48 p.m. Thomas Randgaard, Applicant, was present. Weinberger stated this application has appeared before the Planning Commission on a couple of occasions where no action was taken due to the absence of the Applicant. The Applicant is requesting a conditional use permit to permit a 14 foot extension to an existing dock. The dock is located in Lake Minnetonka and would fail under the jurisdiction of the Lake Minnetonka Conservation District. A permit was issued for the dock by the LMCO In June, 1999. The LMCO has reviewed the permit request with the Hennepin County Sheriffs Water Patrol and has determined the permit issued for the dock will not create navigational problems In the cove. It is believed this dock has existed as a permanent dock prior to 1983, with the first permit being issued in 1983. Weinberger stated a large boat may pose a problem due to less distance than what was originally thought between the proposed dock extension and the opposite shoreline, which is approximately 75 feet. Greg Nybeck, LMCO, has stated the Hennepin County Sheriffs Water Patrol has reviewed the matter of the proposed dock extension and has concluded the actual dock structure Page 1 ORONO PLANNING COMMISSION MEETING MINUTES FOR >URCH 20,2000 does not create a navigational problem in the channel. Nybeck did concur that parking of boats on the north side of the dock could obstruct access to other docks in the channel. The Applicant has agreed that the north side of the dock extension should not be used for parking of additional boats due to the navigational problems it may cause. City Staff is recommending approval of the conditional use permit subject to, one, the Applicant maintaining active licenses with the LMCD and DNR; two, the dock does not cause navigational problems or obstruct access within the channel per LMCD requirements; three, future replacement or alteration of the dock will require a new conditional use permit from the City of Orono; and four, no parking shall be permitted on the north side of the dock. "• Randgaard stated he would like to park boats on the north side of the dock extension if possible, noting that in his opinion there are adequate laws governing the channel. Randgaard stated he has agreed to not park boats in front of the 14 foot dock extension. Berg Inquired why the Applicant is In need of a 14 foot dock extension. Randgaard stated he currently does not have enough room for his boat. Berg inquired whether the second dock owned by the Applicant will be removed. Randgaard stated the second dock is primarily a swimming dock, noting he is unsure whether he vrill be putting the dock in this year. Hawn inquired whether there was a requirement that docks be limited to one per parcel of property, Weinberger stated each dock requires a permit. Weinberger noted the second dock has not been issued a permit and should be inspected to insure that the dock does not encroach into the channel or setbacks. Hawn indicated in her view the Applicant should obtain a permit for the second dock, There were no public comments regarding this application. Hawn Indicated to the Applicant that his neighbors did appear on a prior occasion when this application was before the Planning Commission and expressed a number of concerns regarding the dock extension as well as the number of parties that appear to be taking place on this property. Page 2 ORONO PLANNING COMNOSSION MEETING MINUTES FOR MARCH 20,2000 Hawn stated she would like to see the Applicant take steps to improve the situation and become a better neighbor. Nygard commented the LMCD does govern how many docks are allowed per feet of shoreline. Randgaard stated he owns approximately 600 feet of shoreline, with the second dock being permitted according to the LMCD. Randgaard indicated he will not be parking a boat permanently on the north side of the dock extension. Berg encouraged the Applicant to become a good neighbor. Nygard commented he personally measured the area and found approximately 75 feel between the dock and the opposite shoreline, and questioned whether the Applicant felt there would be probtpms with navigating the channel. Randgaard indicated in his view there should not be any navigational problems In the channel. Lindquist moved, Hawn seconded, to recommend approval of Application #2551, Thomas Michael Randgaard, 2765 Shadywood Road, granting of a conditional use permit to allow a 14 foot extension to an existing dock subject to the conditions outlined in the March 20, 2000 City Planner's Report. Weinberger sttsled he will assume the maximum boat kept on this dock will not exceed 40 feel. Hawn commented in her opinion the boat could not be larger than that without causing navigational problems. Kluth amended the motion, Hawn seconded, to require a permit be obtained on the second dock. VOTE ON AMENDMENT TO MOTION; Ayes 5, Nays 0. VOTE ON THE AMENDED MOTION: Ayes, 5, Nays 0. (#2) #25'EDIN, 3025 CASCO POINT ROAD, VARIANCES, 6:49 p.m. - 6:53 p.m. Ted Edin. Applicant, appe;lefore the Applicant. Boltenberg stated this application has ap^&MejJ^fore the Planning Commission on two prior occasions where the application was tabled to allow theA^phsaiLl time to redesign a lakeside deck Page 3 Application Date: Completion Date: 60 Day Deadline: 2/15/00 2/15/00 4/17/00 COMWCIL MEETING APR 1 0 2000 CITY Ul- UHONU REQUEST FOR COUNCIL ACTION DATE: 4/10/00 ITEM NO.: Department Approval: Name Wendy Bottenberg Title Assistant Zoning Administrator/Planner Administrator Reviewed:Agenda Section: Zoning Item Description: #2564 William Dampier 3550 Ivy Place Variance Zoning District: L R-1 C One Family Lakeshore Residential District (1/2 Acre) Lot Area:13,030 s.f. (.29 acre) List of Exhibits: A Notice of Planning Commission Action B Draft Minutes of Planning Commission Meeting (3/20/2000) C Applicants response letter at Planning Commission Meeting (3/20/2000) D Staff Report and Exhibits of 3/20/2000 Application: The applicant has applied for variances to permit a 364.5 s.f. addition to the south side of the residence and to remodel the existing residence. TTie scope of the project involves removing the roof, the street side deck and steps, and the second story. The first story walls and foundation will remain. The addition will replace the outside stairway and provide for an entrance thru the house. The roof line will change, however the height will stay the same. The addition will also aid in diverting runofl' further downhill rather than into the house. The requested variances are for: 1. Section 10.03, Subd. 14 (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. Variance Request: To permit 2,433.2 s.f. (18.7%) lot coverage, where 2,188.7 s.f (16.8%) exists and 1,954.4 s.f (15%) is allowed. 2. Section 10.22, Subd. 2, and Section 10.56, Subd. 16 (L)(2): Lakeshore Hardcover: Within 75- 250' of the shoreline there shall be no greater than 25% hardcover. Variance Request: To permit a hardcover variance to allow 4,468.7 s.f (48.9%), where 5,061.7 s.f (55.4%) exists and 2,282.5 s.f. (25%) is allowed. #2564 Page 2 3. Section 10.25, Subd. 6(B): Side Setback: The minimum requirement for side yard setback in the LR-IC zone is 10 feet. Variance Request: To permit a side yard setback of 2.9'-3.4' where 10' is required; replacement of the second story and roof continues the existing substandard side setback of 2.9'-3.4' on the west side of the house. PLANNING COMMISSION: The Planning Commission recommended by a 5 to 0 vote to: Deny the application as presented. DISCUSSION The remodeling and addition will result in an increase of structural coverage on the lot to 2,433.2 s.f. (18.7%), where 2,188.7 s.f. (16.8%) exists and 1,954.5 s.f. (15%) is allowed. The lakeside deck is considered structure because it is more than 6' above grade. Prior to and after the Planning Commission meeting. City Staff discussed with the applicant options to reduce the structural lot coverage. These options include redesigning or lowering the lakeside deck by leaving a portion of the deck for direct access and ramping to a ground level deck, removing the deck and have a ramp to access a ground level deck, and ways to add fill to raise grade level. Any of these options would result in reduction of structural lot co\ erage and eliminate the need for a lot coverage variance. STAFF RECOMMENDATION: The applicant has not subm.itted any additional information, choosing to continue with the plan presented to the Planning Commission. Staff concurs with the Planning Commission ’s concerns regarding the increase in structural lot coverage. Staff recommends denial of this application as presented, but Council may wish to table if applicant expresses any interest in revising the deck to make it low enough to not be considered as structure for lot coverage purposes. COUNCIL ACTION REQUESTED: To direct staff to draft an appropriate resolution for the April 24, 2000 City Council meeting. CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 612-249-4600 ZONING FILE # 2564 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: March 21,2000 TO:William Dampier 3550 Ivy Place Wayzata, MN 55391 COPIES: TYPE OF APPLICATION: Variance DATE OF MEETING: March 20,2000 VOTE: 5 FOR AGAINST Planning Commission recommends the following: Denied as submitted. Applicant*s next scheduled meeting is confirmed as: City Council on April 10,2000 at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. _ ORONO PLANNING CONLMISSION MEETING NHNUTES FOR NLARCH 20,2000 City Staff is recommending this application be tabled. Dampier stated he has attempted to comply with all of the City's regulations regarding this property. which has been a frustrating and difficult process. Dampier indicated he was told these plans would be approved by Chris and Lyle on City Staff. Dampier stated Casco Point is zoned LR-1C, half acre lots, with zones B and C being allowed as much as a 15,000 square foot structure on a two aae lot. Dampier stated according to City Codes. he is limited to 1,954 square feet, which in his view is placing an unfair burden on himself as well as the other residents on Casco Point. Dampier stated when the exception is more common than the rule, the rule should be changed, particularly in this case. It is doubtful that any single lot on Casco Point concurs with the current City rules, with a number of homes in the neighborhood exceeding the allowable structure coverage limit. Dampier stated his neighbors have slightly larger homes than himself with detached garages. The plan before the Planning Commission tonight takes into account the environmental and the community as a whole, with the proposed reduction in hardcover being a win/win situation for ail. Dampier stated he has met with City Staff on a number of occasions for the past few years, with the exact same model being presented to Lyle and Chris for their review and approval. Dampier stated he informed City Staff approximately one year ago that he wished to purchase the large m S oak timbers needed to complete this project, which wa.s n v' d costly process. City Staff was asked at that time whether the proposed project would be approved. Dampier stated he was told the project would more than likely be approved. Dampier stated he then proceeded forward with the purchase of the large oak timbers, which are very rare and expensive, and at this time is not agreeable to removing them. Dampier stated the addition to the existing residence will not block his neighbors' view of the lake. will improve his existing structure as well as increase the City's tax base, reduce the current hardcover and existing structural coverage, as well as improve the existing drainage problems being experienced on this property, which will benefit the community. Page 13 ORONO PLANNING COMMISSION MEETING ^^NUTES FOR MARCH 20,2000 Oampier expressed some frustration regarding his discussions with Bottenberg, noting that he was told he had to remove his existing deck in order to bring the structural coverage on this lot Into compliance. Dampier stated there currently is no second story on the north side of the house, which in essence means that the existing second story will not be removed. Dampier stated his front deck currently is in compliance with the American Disablities Act. Oampier stated he has a different view on what should be viewed structure and non-structural, indicating in his view Bottenberg's view of what should be determined as structural coverage is incorrect. Dampier stated the stairs in his view should be considered as part of the house. Dampier stated the existing decks on the house are in a deteriorating condition and need to be replaceHV Dampier stated the hardcover numbers for his driveway should be reduced by a substantial amount since the driveway consists of bricks laid in dirt which has a fair amount of grass growing inbetween the bricks Dampier reiterated the majority of the homes in the Casco Point neighborhood are non-conforming to the existing City Codes, and urged the Planning Commission to approve his application tonight based on the reduction in existing hardcover and structural coverage, the improvements to the existing drainage, and the increase in tax base, which is a benefit to the City as a whole. There were no public comments regarding this application. Hawn stated a large portion of the Applicant ’s comments were directed towards zoning of Casco Point, which the Planning Commission is not in a position to address tonight. Dampier indicated he understands that position. Hawn stated what is defined as structural coverage and non-structural coverage Is not open to debate with City Staff. Hawn stated City Ordinance stipulates certain hardcover and structural coverage numbers which must be adhered to by the Planning Commission, City Council, and residents. Hawn stated normally stairs are not considered structural coverage, but if a deck is located higher than six feet off the ground, it is considered stnjctural coverage. Hawn stated if the Applicant were to replace the deck and reduce the height of the deck, it would not be considered Page 14 ORONO PLANNING COMNUSSION MEETING MINUTES FOR \L\RCH 20,2000 structural coverage. Hawn stated the major obstacle with this application is the increase in structural coverage, and an option offered by City Staff was to reduce the height of the deck. □ampler stated the deck as it currently exists today serves a handicapped member of his family. The American Disabilities Act precludes making that deck inaccessible by a handicapped person. Kluth stated City Staff or the Planning Commission is not requiring the Applicant to remove the deck, but merely has offered that as an option to reduce the amount of structural coverage on the property. □ampler stated that he was assured by previous City Staff that this deck would not pose a problem. Hawn remarked that City Staff Is not in a position to say what will and what will not be approve^y the Planning Commission and City Council. Hawn stated City Staff attempts to provide guidance to the Applicants on the rules and regulations the Applicants need to comply with. Hawn stated she would like to help the Applicant on this plan as much as possible, and one option for reducing structural coverage on the property is being reducing the height of the deck. Hawn stated she historically does not approve applications where there is an increase in structural coverage when the Applicant is already over the allowable limit. □ampler stated he is not in agreement with the structural and hardcover figures listed in City Staffs report. Lindquist concurred that typically the Planning Commission will not approve structural coverage over the allowable 15 percent, especially if the Applicant is already over the allowable limit. Lindquist stated the maximum structural coverage that will be allowed by the Planning Commission is what currently exists on the property. □ampler stated he is willing to accept Bottenberg's numbers on the hardcover, □ampier stated he Is somewhat confused because the front deck is considered structural but the rear deck is not. Nygard stated as he understands the American □isabilities Act, the handicap access itself does not count towards your hardcover. Weinberger stated the American □isabilities Act does provide for one handicap access to the home, Page 15 i ORONO PLANNING COM>nSSION MEETING MINUTES FOR MARCH 20,2000 with certain portions of the access not being included in the hardcover figures. Weinberger inquired whether the home presently is handicapped accessible. Oampier stated currently the home is not handicapped accessible, with the proposed plan providing for a handicap access. Berg inquired whether there is a survey on this property. Bottenberg stated the survey in the file is dated March. 1990. Berg stated an updated survey is always required at the time of the application. Hawn stated there still appear to be some issues that need to be resolved prior to approval, with the biggest issue being the amount of structural coverage being proposed. Hawn stated the Applicant will need to reduce structural coverage somewhere on the property. Lindquist stated the Planning Commission is looking for a reduction in the amount of proposed structural coverage to reduce it to the amount that currently exists on the property. Oampier expressed frustration with the fact that the deck that appears to be in question now was just recently replaced, noting he is not in a Tinancial position to remove the deck at this time. Kluth reiterated that the Planning Commission is not requiring the removal of the deck, but is asking the Applicant to reduce the overall stTJCtural coverage on his property. Kluth stated removal of the deck is one option available to the Applicant to reduce the structural coverage. Oampier stated leaving the deck aside, if he chooses to change anything on the foundation, that would be considered a rebuild rather than a remodel and then the setbacks would apply. Lindquist stated City Staff is willing to work with the Applicant on this application in order to reduce the structural coverage to what currently exists. Oampier commented that a majority of the houses in his neighborhood currently exceed the structural coverage limits. Lindquist stated the Planning Commission is not in a position tonight to discuss those. It was the consensus of the Planning Commission that they would be willing to approve van'ances to setback and hardcover but not inclined to grant a structural coverage variance in excess of what Page 16 ORONO PLANNING COM\USSION MEETING MINUTES FOR MARCH 20, 2000 currently exists on the property. Hawn inquired whether the Applicant would like the Planning Commission to act on his application tonight or to table the matter. □ampler requested the Planning Commission vote on his application tonight. Motion by Hawn, second by Kluth, to recommend denial of Application 02564, William Scott Dampier, 3550 Ivy Place, granting of variances to permit a 365.4 square foot addition to the south side of the residence and to remodel the existing residence due to the excessive amount of structural coverage being proposed. VOTE: Ayes 5, Nays 0, □ampler inquired whether the Planning Commission had read his statement of hardship on thisT application. The Planning Commission indicated they have read his hardship statement, !6) #2565 PETER SCHERER, 15 ORONO ORCHARD ROAD SOUTH, VARIANCE RENEWAL, 8:59 p^. - 9:03 p.m. Peter ScherebApplicant, was present. The Certificate of MaHiQg and Affidavit of Publication were noted. Bottenberg stated the Applicant is requesting a variance renewal, with a variance being granted for lot v/idth on September 26.1994. Thi^revious owner were proposing to remove the existing house and construct a new residence on the properly^he existing house was removed; however, the new residence was not constructed on the lot. Thie present owner is proposing to construct a new X residence on the lot that meets all setbacks in the RR-1B^zonJng district. The Applicant would like to renew the lot width variance on this property. Scherer indicated he was not aware the variance had expired.X There were no public comments regarding this application. X Motion by Hawn, second by Lindquist, to recommend approval of Application #2565, Pe*er Scherer, 15 Orono Orochard Road South, granting of a variance renewal to X X X Page 17 Response 1. Variance request, to reduce lot coverage from current 2548.8.8 sq.ft, to 2480.6 sq.ft, a total reduction of 68.2 sq. ft. 2. Variance request, to reduce hardcover from 5061.7 sq.ft, to 4468.7 sq.ft 3. Side setback [please note; there is no second story on the north side of the house the only difference is between the nearly flat current roof and the steep pitch of the new roof 4. Application summary: the existing second story will not be removed [as shown on the blueprints] 5. Structure will be reduced from 2548.8sq.ft. to 2480.6sq.ft. Issues of Concern; 2. However, the hardcover is much less than either one of my neighbors. I do not have large area's of my yard covered with plastic covered by rock. 4. The lot is typical for the neighborhood. Most Casco Pt. lots are similar size or smaller {refer to plot map RLS No 477} 6. It's astonishing that a person in such a responsible position in city government would dare to suggest that a structure that is in compliance with the law be brought out of compliance. I refer to the Americans with disabilities act. That deck is in compliance, it is wheel chair accessible. Ontions for Action 1. A survey will be provided after construction to show any changes. The current survey provides all the required information, 6. RE: Staff Recommendations; The deck as it is complies with the Americans with disabilities act Staff recommendations could make the city libel if her recommendations are followed. 7. Wendy is simply wrong in her assessment of what is and what isn't structure. Her contention that the stairs and rear deck are somehow not structure is incredulous. My entryway door is 8 ft. above ground level. The stairs are required to enter my house. [ however, if Wendy will free jump 8 ft. I might be \\illing to discuss not counting them] By w hat logic could you consider these stairs as not part of the structure of this house? Because they don't have a roof over them? Well the lakeside deck has no roof yet it is properly considered structure. Wendy is also wrong in assuming the front [lakeside] deck is on the table. Recently the deck was repaired with pressure treated wo^. However, the rear deck is already rotted and has been patched countless number of times and approaches the dangerous point. Such a deck would not be approved by today's building code. If you include the stairs and rear deck there will be a 68.2 sq.ft. Reduction in structure. Wendy did not count the 576 sq.ft. Of hardcover That 1 have already removed in anticipation of this permit, hardcover clearly shown on the survey. In addition the hardcover of my driveway should be reduced by 876 sq.ft. [15,300 bricks laid over dirt yields approximately V* in. of grass and moss growing between them, the bricks are 8x3=1 lin.x .75=126,225 sq.in. Which is 876 sq.ft.]. The front deck is considered hardcover, contrary to what other communities have ruled. My 80+ year old Oak & Maple trees growing through my deck since 1974 are proof that this is not hardcover. Also not included is the many ft of railroad timber retaining walls that I have removed in an attempt to reduce flooding of my ground floor. Total over count of hardcover removed is close to 2000 sq. ft Wendy has l^n confused from the start of this process. She looked at plans and an exact scale model that showed only the addition and modified area and wrongly decided that I was planning to tear the whole house down. Every time we contacted each other she was confused Clarification only seemed to cause her to find something else to object to. In spite of a very clear set of plans, an exact scale model and many discussions she still gets fundamental facts wrong. Somehow she now wants me to change the lake side of my home, no discussion of where the money would come from, or the time. If s particularly confiising because when she erroneously thought that the entire house was going to be tom down, I wouldn't be allowed to do that, but now it seems like that's exactly what she want's! My discussions with her have started to sound like lefs make a deal. Remove this and Fll let you have that, make that smaller and HI let you do this. Well all of those compromises have already been made with Lyle and Chris. This house is typical of the neighlwriiood, if anything it is smaller than many homes in the area. As for meeting your formula, I would remind you that our home as all of the - homes on Casco Pt are cxisting-non-conforming structure, the rules don't fit so we are grandfathered in. It’s like Wendy isn't going to honor what has been agreed to. She wants to design jniy house h£r way. It doesn't matter what the rules are, only what her interpretation of the mles are. It just seems that if there is a way to say NO! Wendy would rather take it, no matter what grief or hardship that causes. I niftf Bf* *1« wtt M ’f"T■ • I■ Ip^ r TO; FROM: DATE: SUBJECT: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator Wendy Bottenberg, Assistant Zoning Administrator/Pianner March 20,2000 #2564 William Scott Dampier 3550 Ivy Place Variance — Public Hearing Zoning District: LR-IC Lot Area: One Family Lakeshore Residential District (1/2 acre) 13,030 s.f. (.29 acre) List of Exhibits A B C D E F G H I J K Analysis Worksheet Application Letters from applicant Site Plan/Survey Views Hardcover Calculations Photos of Property Plat Map Location Map Property Owner ’s List Permit Record Pertinent Code Sections: 1 . Section 1 0.03, Subd. 14 (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 e.xceed 15% of the lot area. Variance Request: To permit 2,433.2 s.f. (18.7%) lot coverage, where 2,188.7 s.f (16.8%) exists and 1,954.5 s.f (15%) is allowed. 2. Section 1 0.22, Subd. 2 and Section 10.56, Subd. 16 (L)(2) - Lakeshore Hardcover - Within 75- 250' of the shoreline there shall be no greater than 25% hardcover. Variance Request: To permit a hardcover variance to allow 4,468.7 s.f (48.9%), where 5,061.7 s.f (55.4%) exists and 2,282.5 s.f. (25%) is allowed. #2564 William Dampier 3550 Ivy Place Variances 3/20/2000 Page / 3. Section 10.25, Subd. 6(B): Side Setback: The minimum requirement for side yard setback in the LR-IC zone is 10 feet. Variance Request: To permit a side yard setback of 2.9'-3.4' where 10' is required; replacement of the second story continues the existing substandard side setback of 2.9'-3.4' on the west side of the house. Application Summary: The applicant has applied for variances to permit a 364.5 s.f. addition to the south side of the residence and to remodel the existing residence. The scope of the project involves removing the roof, the street side deck and steps, and the second story. The first story walls and foundation will remain. The addition will replace the outside stairway and provide for an entrance thru the house. The roof line will change, however the height will stay the same. The addition will also aid in diverting runoff further downhill rather than into the house. The remodeling and addition will result in an increase of structural coverage on the lot to 2,433.2 (18.7%), where 2,188.7 s.f. (16.8%) exists and 1,954.5 s.f. (15%) is allowed. The lakeside deck is considered structure because it is more than 6' above grade. NOTE: If the lakeside deck was not considered as structural coverage, the proposed house and addition would meet the 15% limit. But, this deck must be included based on the definition in Section 10.03, Subd. 14 (C)(2). (See Exhibit G (2/2). The remodeling and addition will result in a reduction of hardcover coverage in the 75- 250' to 4,468.7 (48.9%), where 5,061.7 (55.4%) s.f. exists and 2,282.5 s.f. (25%) is allowed. The applicant is proposing to remove streetside deck, steps, walk, railroad ties, and landscape fabric under rock. Replacement of the second story continues the existing substandard side setback of 2.9'- 3.4' on the west side of the house. The house was built prior to current zoning standards. Statement of Hardship; The applicant has included his statement of hardship in Exhibit C. The applicant should also be asked for his testimony regarding this issue. Issues of Concern; 1. The roof line is changing, however the height of the residence is not changing. 2. The 75-250' hardcover coverage on the lot is decreasing, but will still greatly exceed the allowed amount. U2564 William Dampier 3550 Ivy Place Variances 3/20/2000 Page 2 "4 3. The addition is adding mass to the residence, but to the street side rather than the lake side. There is no average lakeshore setback encroachment. 4. The lot is small compared to the LR-IC zoning district standard. 5. The foundation and first story wails will remain as existing. 6. If the lakeside deck was not calculated in structural coverage, the proposed house and addition would meet the 15% limit (14.9%). If the deck and railing were lowered it would not be included in the structural coverage of the lot. 7. The house was built prior to current zoning standards. 8. Other issues raised by the Planning Commission. Options for Action: 1. Recommend approval of the variances to allow the addition and remodeling with the condition if the foundation is found to be in disrepair this will be considered a rebuild and needs to come back to the Planning Commission for review. Also a new survey showing revisions be submitted to City staff for approval before building permit will be issued. OR 2. Advise the applicant what other possible revisions will make the application approvable, and table the application. 3. Other. Staff Recommendation; Staff recommends the application be tabled. While meeting with staff, the applicant did mention the lakeside deck will need to be replaced sometime in the future. Because replacement of the deck will in itself require a setback and hardcover variance. Staff feels the structural coverage and hardcover on the lot would be better addressed if the addition, remodeling and lakeside deck were reviewed concurrently. (NOW). Lowering this deck could eliminate its lot coverage status and result in no need for an overall lot coverage variance #2564 IVilliam Dampier 3550 Ivy Place Variances 3/20/2000 Page 3 A Lot Area; ANALYSIS WORKSHEET LR-IC Lot Area Lot Width Side yard setback Required 21,780s.f. (.5 acre)100'10' Actual 13,030 s.f. (.29 acre)50'2.9'-3.4' on west side Structural Coverage; Total Lot Size Total Structural Coverage 13,030 s.f.Allowed: 1,954.5 s.f (15%) Existing: 2,188.7 s.f (16.8%) Proposed: 2,433.2 s.f (18.7%) The stiuctural coverage on the lot increases with the proposed addition and remodeling to what presently exists and over the allowable amount. Hardcover Calculations; Distance from shoreline Total area in setback Allowed hardcover Existing hardcover Proposed hardcover 0-75'3,900 s.f 0 s.f (0%)0 s.f (0%)0 s.f (0%) - No change 75-250*- JO s.f 2,282.5 s.f (25%) 5,061.7 s.f (55.4%) 4,468.7 s.f (48.9%) The hardcover coverage in the 75-250' setback area decreases by 6.5% with the proposed addition and remodeling. B r {• Application # Date Received ~ i5~&COC> Amount Paid ! CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address T\J^ 'PlACt Property Identification Number (PJ.D.) Attach legal description to application if not included on required survey. Date Property Acquire d ^5^_____________________________ I (do) ^ n^t^also own the adjacent parcels of land. (month/year) Present use of property: Y residential Zoning District: U-Q~iC^ ___pother (specify). APPLICANT X Name OOorr LJ^^PifA Address: SSS'O^ 0^ PiACt_________ Phone fhome^ 0(o(e^ Phonefwork’l LH. *>72*2, City: L3AW2LAT/1 Zip:_^5^32l OWNER (if different than applicant) Name ___________________ Phone (home). Phone (work). A Address:City:.Zip:,A « . \ DESCRIPTION OF REQUEST Estimated Construction Cost $ ^Q,OQo Describe request in detail: SPP fiTTACrifQ------------------------------------ • . V . ♦* • (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Setback: ___Lot Width Front Side )/ Hardcover X Let Coveragee Rear Average Lakeshore y Other (specify) x\ Air. A)oA/ • Qnf4 ^ ? I HARDSfflP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property condiUons preventmg compliance with Zoning Code requirements: AVACH^O.-------------------------— (attach additional sheets if necessary) ^1‘1/9-OCC’ Hardship A. The topography of the area cause my house to be downhill from my neighbors, that plus im' neighbors use of hardcover cause my house to be flooded in the event of heavy rain, 'i he runoff from their roofs and hardcover can overwhelm any defense I have constructed. This addition will allow me to divert runoff further onto my yard and allow my west lawn to deal with runoff. B. Due to the almost flat pitch of the roof on the west end of my house, {less than 2 inches in a foot} Ice dams are too easily formed in the winter. Causing the roof to leak inside. In addition with the slow rate of runoff due to the low pitch, during heavy rains the roof can leak caused by the ponding effect of the starter row of shingles. C. Erosion caused by the heavy runoff from neighbors has in the past Washed out my entryway steps, 4 times! The new addition will replace those entryway steps thus eliminating those potentially dangerous outside stairs completely, thus ending any the possiblity of a *<.»wsuit, caused by slippery or washed out steps. Previous attempts at correcting the existing hardship. The first attempt at correction of preventing heavy rainfall from flooding the ground floor of my home involved the removal of any hardcover in an attempt to absorb the runoff from my neighbors. That FAILED because the amount of water wa.s too large for the amount of land available. The second attempt at diverting runoff involved recontouring the land to divert runoff further downhill. Due to topography involved that FABLED, because the area involved remained too flat to effectively drain water away from the area consequentially a heavy rainfall resulted in flooding of the ground floor of my house, with the resulting disgusting mess to clean up. The third attempt at a nonstructural correction FAILED, that was to dig a diverter trench into the landscape. The trench simply filled up and the resulting overflow did the damage, any increase in size of the trench was at best a delaying action rather then a true solution. A trench of sufficient size to contain all of the run off from my neighbor would have been unsightly as well as dangerous. The fourth attempt at a nonstructural correction FAILED when a swale was added to divert the water further downhill. A large enough swale to divert the runoff caused my lawn mower to scalp the lawn until it no longer acted as a swale. The scalped lawn just speeded up erosion Others attempts at resolving some of the other issues include reroofing the house, and 4 times replacing the steps.. The only solution that will provide relief is something that includes a dam running East to West long enough to divert the runoff at least 16 feet to the West and allow the increase slope at that point to take runoff and naturally disperse it onto the West lawn. That dam would be formed when the foundation was poured for the new addition. Don't you love elegant solutions? An eyesore could be created in an attempt to resolve the flooding problem. Some equally ugly solution such as rolled roofing could be used to resolve the roof drainage problem, and the regular wash out of stairs could be resolved with a large cast concrete stairway. Ugly? Absolutely but needed! Or you can accept a elegant solution that reduces hard cover and reduces structure, A L- solution that is in keeping with the character of the neighborhood, A solution that would not be visible to most people. The view from the lake is obscured by Three large mature trees [and when construction is done two additional trees as well as bushes will be added]. Both neighbors on either side of my house have homes further toward the lake then mine so their view is not affected in any way by this solution. In addition the neighbor behind me has a view over my home and as there will be no increase in height of my house his view will also be unaffected. His primary view of the lake is to the north into Casco Cove, any view he has to the East {into Carmens bay) is over the garage roof of my neighbor. The structure to be removed includes a 4ft. By 32ft. Entryway deck [128 sq.ft.] as well as 12ft. By 23ft. Entryway stairs [ 276 sq.ft.] for a total structure reduction of 404 sq.ft. Wlien compared to the added 352 sq.ft. Both the structure and hard cover will be removed! Thus with this change Lake Minnetonka will have the burdon of 52 sq. ft. less to deal with. While it is not overwhelming it is an improvement. The final comment is that this change will improve things for .... Lake Minnetonka The city of Orono's tax base My family The neighborhood The only person that will be negatively impacted'S that stupid fool that has to do all the work and pay all the bills, and he deserves it! MAR-IO-OO 10:41 AM FRENCHY 6 1 10664 *?. R —:r ■ • ?r^l-i •fs • • • * I "'ff' shchcco My neighborhood Out at the end of Casco point is a narrow little road called Ivy Place. It a cull-de-sac or dead end Very few people drive it’s fUll length, previous dead ends wind up tt^^ around in someone's driveway. That's an embarrassment few are willing to risk. Since we live almost at the very end of that "dead end" the only traffic wc get is gucsts.neighbors, and a rare real-estate junkie. . To the west of our home,across the street is a large shrub line,overgrown with grap^nes and dense foliage. As that area is within the 73 ft. Setback from Lake Minnetonka there is MQ chance that any one could ever build there. To the Northwest is Casco Cove it’s wildlife island that shields the view any of the residents might have of my home ^le affording me an interesting and peaceful view of nature. Directly nonh of my home is a view of Casco Point. Overgrown with large mature trees, brush , and grapevines it too is an interesting view of birds, rabbits, a beaver, an occasional pair of Bald eagles most of the area falls in the 73ft. Setback and the little land that does not is too small to build on, it too will remain as God made it. To the northeast approximately 25 ft. away is the back of my neighbors houM, Fortunately [since they live so close] they are very nice people and we get along tveii. - Lake Minnetonka is East of our home about 100 ft. from Carmens Bay. The view to the southeast is restricted by 5 large mature trees which also affords us privacy and prevents those cruising on the lake from seeing into our side and back yard. South of my home is my other neighbor, the placement of my home offset towaw vy Place gives both of us privacy and since both neighbors have little view out the back or their homes anything in my back yard has no impact My only other neighbor, to the southeast, across the road has the side of his garage facing our home. In addition his house is uphill about 15 ft. higher than mine. Any view out the side of his home has to look over my neighbors garage Lake Minnetonka has no universal or common Architectural sty le however within three lots of my home or about 130 ft. is a house with the same roof pitch that I propow. Ivy Place as well as Casco Point is dominated by 50ft. Lots so most houses are like mine in that we are too large for the lots and as such wc are structure" While wc don’t conform to the cuncnl rules, wc should not be punished tor that. Please remember the rules were put into place long after most of our built. Nor should what wc do impact the rest of Orono Wc arc after all zoned LWC which is ‘/»acre lots or smaller. As most of Orono is zoned LBIA or KR IM l>o<s 1 acre or larger] allowing home owners a reasonable level of self determination is not only fair it is in the best interest of the city. in LEGAL DESCRIPTION OF PREMISES SURVEYED: Lot 173. TAYLORS SUBDIVISION OF SPRING PARK LOTS. I hereby certify that this survey was prepared by me or under my direct supervision, and that -I am a duly registered Civil Engineer and Land Surveyor under the laws of the State of Minnesota. COFFIN a GRONBERG, INC. i<lark S. Gronberg Mil. Lie. No. 12755 Engineers. Land Surveyors, Planners Long Lake, Minnesota Scale Date o I inch s 20 feet March 23. 1990 Iron marker Bearings shown are based upon an assumed datum. r- - IP* ^ , /I ,rp I 110^ LEGAL DESCRIPTION OF Lot 173. TAYLORS SUB O (^1^) I hereby certify tha or under my direct s registered Civil Eng laws of the State of COFFIN a GRONBERG, I Hark 5. Gronberg MN. Engineers, Land Sur\ Long Lake, Minnesotc Seal e Date 0 1 inch = 20 March 23, 1'; Iron marker Bearings shown are ^ /'J .• m i: -- - - -- ; 1 ,r .O.) V ■7 ‘ 1 — I 1 1 f J f'Ari »*v ^ > ^.\ Wmrnt^ mm»mmam9^0mwzr/j:f^ smm 0L 5+T€e+ \/(€tC) — >. (n JfcS7 Ia)«IL * 7,\ft N4^ •■->•' /■'» ' '-T Ti ' • ;•( j i'.V. .* Ci/ L N m t» C(d & SAOiovi •'’ Cif*< Mft ft luniitff. .1.rn • • • • # —I fMtftU0S> (•' •j«i SilX. Vlt«A; CNT^SVHtS fertl7'UM tmi T* tcfwt iWlD Oil attM bM i«UMA Lli ^ I } CGcfiSSfCtiofa %,mm' I Canr 7 -r- ) V., !I I V. *•• •. ri >. I'i; -'^ # « w Jnt^ r ^.V*. • HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75’ 250-500’ f.YTyriNG HARDCOVER IN ZONE A. House 6_____• x a Lea|th B. Garage C. Driveway D. Sidewalk E. Pado/Deck F. Landscaiie Uaderiain By Plastic Or Fabric G. Other X X X •xO Ti iL- X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A • 7 B . PROPOSED HARDCOVER IN ZONE A. House fy) fb ^ Leogdi k X X X B. Garage C. Driveway D. 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'U S 3f/V 39-^< 3»gV y- 3 ^ -7>/ 'bo £ Isas'LL- 13'/S & 'A^ %W lbl-<iU t Ui/Y\Jt^l^/3t c. kih*; ' krr. ■r Ark\mfMifktait» kV.>. retki.r<r.* ir' • / \v\.T'r rmr^^n^ "rro^.rmtCtfJ.!ftftfafLiima To:Council From: Date: Mike Gaffron, Senior Planning Coordinator i 4-5-00 Subject: Addendum - Additional Information The applicant has submitted 4 drawings and a brief summary depicting four potential methods for revising the lake side deck to make it no longer structural coverage (See attached sheets). I don't believe 1 would characterize these as a "compromise ’ between staff and the applicant; nor would I consider each of the options "mutually acceptable’. Rather, they are a compilation of the options discussed by staff and applicant as to how the lot coverage issue might be resolved. Applicant was advised that he could propose options to the Council for consideration. Staff has the following brief comments on each: Plan A - The idea of creating 3' wide planter terraces at 30" drops adjacent to the deck is appealing, and would technically eliminate the need for a handrail; but this won ’t work at the north side where the deck platform is only 3-4 feet from the lot line and 6 feet above grade. .Applicant’s proposal to replace the handrail on the north side with heavy terra cotta planters on top of the deck is problematic in that the planters themselves would have to be guardrail height (36") and spaced no more than 4" apart at any point. Lower planters relying on vegetation as a barrier will not meet building code requirements per Building Official Lyle Oman. 36" high planters intended to act as a guardrail will have the same or greater visual impact as compared to a guardrail, and might seem to be defeating the intent of the structural coverage ordinance... Plan B - It will be impossible to place fill along the north side of the deck to a level that is high enough to eliminate the guardrail requirement, due to the deck platform being 6 ’ above grade and being only 3-4' from the side lot line. This method likely works for the lake side of the deck, but not the north side. Plan C - Same issues as Plan B - on the north side the deck platform is 6* above grade; to eliminate the guardrail requires a 3' wide terrace no more than 30" lower than the platform. It will take two 3' wide terraces out from the north side to accomplish this, but only 3-4' available to do it in... Plan D - Cut off north portions of deck platform and add terrace planters as needed being 3' wide and no more than 30" above grade. Could then add removed deck to the south side of deck where no railing would be needed. This has negative implications for applicant’s trees and the functionality of his south side yard. Except for these concerns, staff prefers Plan D over Plans .A. B or C. Other options have been briefly discussed, including lowering the entire deck to a point where it no longer needs a guardrail (although this has wheelchair accessibility implications such as requiring a ramp from the house to the deck). Another option Council might consider is granting a lot coverage variance for the deck as-is but with a condition that converting the deck to a covered porch will require further variances which are unlikely to be granted. In your discussion, keep in mind the reason for the lot coverage ordinance: to limit the visual massing and bulk of structures on small (<2 acre) properties. — r— - » I I M I I Compromise with Frenchy Dampier variance request #2564 &. Michael Graffon,Sr. Planning Coordinator Mutually Acceptable Plans Plan A 1. Remove handrail from around the deck. 2. Move the planter out to 36" from the deck and raise the height of the planter to 30" from the deck. 3. Place evergreens in a planter to form the needed barrier To comply with Uniform Building Co^ table 16>B category 9 requirement of 25# lateral load & footnote 8. It is anticipated that the planters will weigh approximately 225 # ea., be the required height and be in square shaped terra cota or precast stone, (the dravrings show round only for clarity) DISCUSSION a Effective decrease in the reduction of hardcover will be less than 6 inches total. PlanB 1. Remove the handrail from around the deck. 2. Use the topsoil from the addition to level the lawn and maintain the required 30 inches from the deck. DISCUSSION a. No effective increase in hardcover. b. Reduced rain runoff into neighbor's yard. c. Easier mowing. d. Amount of topsoil moved will be less than 5 yards. Plane 1. Remove the handrail from around the deck. 2. Form multilevel terraces at the 30' level around the deck. DISCUSSION a. Effective decrease in the reduction of the hardcover 26 sq. fr. Plan D 1. Remove the handrail from around the deck. 2. Move the deck 6 ft. to the south. DISCUSSION a. Moving deck will risk damaging large mature tree currently 3 fr. to the south. b. Will eliminate the ability to move the lawn mower, dock, and other equipment Application Date: Completion Date: 60 Day Deadline: 2/15/00 2/15/00 4/17/00 COUNCIL MEETING APR t 0 2000 CITY Oh UnONO REQUEST FOR COUNCIL ACTION DATE: 4/10/00 ITEM NO.: ^ Department Approval: Name Wendy Bottenberg Title Assistant Zoning Administrator/Planner Administrator Reviewed:Agenda Section: Zoning Item Description: #2565 Peter Scherer 15 Orono Orchard Road Variance Renewal Zoning District: RR-1B One Family Rural Residential District (2 Acre) Lot Area:4.387 acres List of Exhibits: A Resolution 3 Notice of Planning Commission Action C Draft Minutes of Planning Commission Meeting (3/20/2000) D Staff Report and Exhibits of 3/20/2000 Application: The applicant has applied to renew a variance for lot width to construct a house on the lot. On September 26,1994, owners of this property were granted a variance for lot width. The lot is triangular and only 50' wide where it abuts Orono Orchard Road. At the 50' front setback line, the width is 80'. In 1994, the owners were granted a lot variance to remove the existing house and construct a new residence on the property. The existing house was removed, however the new residence was not constructed on the lot. The variance expired after 1 year. The present owner proposes to construct a new residence on the lot that meets all setbacks in the RR- IB zoning district. The location of the new residence and the narrow nature of the lot has little impact on adjacent residences. The present owner would like to renew the lot width variance on this property. The requested variance is for: 1. Section 10.28, Subd. 5 (B): Lot Width - The minimum requirements for lot width in the RR-1B zoning district is 200' as measured at the front setback line. Variance Request: To permit a lot width variance to construct a house on the lot. ,rrvniL* I '< ■ W PLANNING COMMISSION: The Planning Commission recommended by a 5 toO vote to: Approve the application as presented. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B) FILE NO. 2565 WHEREAS, Peter L. and Geri G. Scherer (hereinafter "the applicants) are the owners of the property located at 15 Orono Orchard South within the City of Orono (hereinafter "City") and legally described as follows: That part of the northwest quarter of the northwest quarter of Section 2, Township 117, Range 23, which lies northerly of the Luce Line Trail, Hennepin County, Minnesota (also known as Property Identification Number 02>117-23 22 0002) (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.28, SuMivision 5 (B) to permit the construction of a single family residence on a lot 80' in width in the RR-IB zoning district where required lot width is 200'. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2565. 2. The property is located in the RR-IB Single Family Rural Residential Zoning District. 3.The Orono Planning Commission reviewed this application on March 20,2000 and recommended approval of the proposed variance based upon the following fuidings: A.The shape of the property does not allow conformity id the City of Orono’s 200' frontage requirement. The lot is triangular in shape and is approximately 80' in width at the 50' front setback; and ranging from 280’ to 320' in width at the proposed building site which is located approximately 600' from the front lot line. Page 1 of 5 B Adjacent property to the south is the Luce Line Trail and to the north is a developed residential property containing a wetland near the north boundary of applicants' property. The adjacent property is not available for purchase to increase the width of applicants' property at the SO' front setback line. C.Applicants propose to construct a new residence that meets all setback requirements of the City. 4.The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 5.The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the removal of the existing residence and construction of a new residence on the property, subject to the following conditions: 1.Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2.Authorities granted by this variance run w ith the property not with the applicants, but are permissive only and must be exercised by application for a building pemut within one year of the date of Council approval, or this variance will expire on that date (April 10,2001). Page 2 of 5 I- - 3.Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 10th day of April, 2000. ATTEST: Lin Vee, City Clerk Gabriel Jabbour, Mayor Property Owner (s) Page 3 of 5 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 10th day of April, 2000 by Gabriel Jabbour and Lin Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 2000 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument ,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this____day of____, 2000 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument ,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY' PUBLIC 1 Page 4 of 5 f V II \\ \ %%x V immirnm »«■ 4J M »> -M» « »• ^ M ^ *. Mi IMI ti MiM W*M ** M » aMii •■ M mm *• jurors •« *#i »-IN^ r„i* •! »• ^»**** • 3 5 3 ^Ql Q S fK in <4-1o <n o> <2* r 6 CITY OF ORONO P.O. Box 66 ZONING FILE tt 2565 NOTICE OF PLANNING COMMISSION Crystal Bay, MN 55323 612-249-4600 ACTION DATE OF NOTICE: March 21,2000 TO: Peter L. Scherer 19000 3 r Place N Plymouth, MN 55447 COPIES: TYPE OF APPLICATION: Variance DATE OF MEETING: March 20,2000 VOTE: 5 FOR 0 AGAINST Planning Commission recommends the following: Approval as submitted. Applicant’s next scheduled meeting is confirmed as: City Council on April 10,2000 at 7:00 p.m. If you ilcsire certified copies of the official Planning Commission minutes, they are available from the Cit> Recorder after review and approval by the Planning Commission. ORONO PLANNING COMMISSION MEETING MINXTES FOR MARCH 20,2000 currently exists on the property. Hawn inquired whether the Applicant would like the Planning Commission to acpsKhis application tonight or to table the matter. □ampler requested the Planning Commission vote on his ap^icition tonight. Motion by Hawn, second by Kluth, to recommemLdMial of Application #2564, William Scott Dampler, 3550 Ivy Place, granting gfi/^ances to permit a 365.4 square foot addition to the south side of the residencrii^ to remodel the existing residence due to the excessive amount of structural cqyefage being proposed. VOTE: Ayes 5, Nays 0, □ampler inquired;wfiether the Planni.-g Commission had read his statement of hardship on thi^ applicaUi le Planning Commission indicated Lhey have read his hardship statement. (#6) #2565 PETER SCHERER, 15 ORONO ORCHARD ROAD SOUTH, VARIANCE RENEWAL, 8:59 p.m. • 9:03 p.m. Peter Scherer, Applicant, was preser.t. The Certificate of Mailing and Affidavit of Publication were noted. Bottenberg stated the Applicant is requesting a variance renewal, with a variance being granted for lot width on September 26,1994. The previous owner were proposing to remove the existing house and construct a new residence on the property. The existing house was removed; however, the nev/ residence was not constructed on the lot. The present owner is proposing to construct a new residence on tlic lot that meets all setbacks In the RR-1B zoning district. The Applicant would like to renew the lot width variance cn this property. Scherer indicated he was not aware the variance had expired. There were no public comments regarding this application. Motion by Hawn, second by Lindquist, tc . commend approval of Application #2565, Peter Scherer, 15 Orono Orochard Road South, granting of a variance renewal to Page 17 TO:Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: DATE: Wendy Bottenberg, Assistant Zoning Administrator/Planner March 20,2000 SUBJECT: #2565 Peter L. Scherer 15 Orono Orchard Road __________Variance Renewal - Public Hearing Zoning District: RR-IB One Family Rural Residential District (2 acre) Lot Area:4.387 acres List of Exhibits A B C D E F G H Application Site Plan/Sup/ey Plat Map Location Map Proper!}' Owner ’s List Resolution #3473 (September 26,1994) Planning Commission minutes (September 19,1994) City Council minutes (September 26, 1994) Pertinent Code Sections: 1. Section 10.28, Subd. 5 (B) - Lot Width - The minimum requirements for lot width in the RR-1B zoning district is 200' as measured at the front setback line. Application Summary: On September 26, 1994, owners of this property were granted a variance for lot width. The lot is triangular and only 50' wide where it abuts Orono Orchard Road. At the 50' front setback line, the width is 80'. In 1994, the owners were granted a lot variance to remove the existing house and construct a new residence on the property. The existing house was removed, however the new residence was not constructed on the lot. The variance expired after 1 year. The present owner proposes to construct a new residence on the lot that meets all setbacks in the RR- 1B zoning district. The location of the new residence and the narrow nature of the lot has little impact on adjacent residences. The present owner would like to renew the lot width variance on this property. Staff Recommendation: Staff recommends renewing the variance for lot width. ^2565 Peter Scherer IS Orono Orchard Road Variance Renewal 3/20/2000 Page / D A m I fl Application # Date Received Amount Paid CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 Afrer-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address ____/ ^ Property Identification Number (P.I.D.) ii'7 • 2-3. 2^* 000^2^ Attach legal description to application if not included on required survey. Date Pre^rtsL Acquired________________________ I (do) (4o~i^y also own the adjacent parcels of land. .(month/year) Present use of property: X residential Zoning District: other (specify).10 Phone (home ) • O!APPLICANT ^ ________________ Nam-‘ rkrTQi^ _____ Phone (woric ) QiS- ~ Q',? "7 f O AddrcisT/3/z-f /V- City:Z\v-S2^dLL OWNER (if different than applicant) Name Phone (home). Phone (work)_ '"1 Address:City:.Zip:. _________________^____ Estimated Construction Cost $ Describe request in detail: &Jifd <3^ 7^^ /y/. DESCRIPTION OF REQUEST % (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area X Lot Width Hardcover Lot Coverage Setback:Front Side Rear Average Lakeshore Other (specify) HARDSfflP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: . — (attach additional sheets if necessary) tf’' REQUIRED SUBMITTALS I AU of the following information must be submitted bv the application deadline date in order for vour application to be considered complete: 1. 2. 5, 6, 7, 8. Completed Application Form Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Heimepin County Department of Finance, A-603, Govt Center, 348-5910). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 814" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy S'A” x H" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 854" x 11"). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true aijd''Correct tc^ the^est of his/her knowledge. Applicant's Signature Date OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of inyesfigapbn arfd vj^ification of this request. Owner's Signature Date y Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meetin** ilL^ -f *• •*•* * %il\tV^''Robinson. Bay V ' Gbson^s * Fdnt / • : Point Charm in ... * ; , AJIO A' rjmti o« no • • • • .• .* ' Swat’s Point ;• /V-. •; \ /\1 >\''*>riDEEP V ^ Ptrguson'M jB . t Point Comfort m Point Ul HIM DATE iE/tT/fi HENNEPIN COUNTY PHOPERTY INTORHATION SYSTEN PROPERTY ONNERS LIST REPORT NO. PXASMtl PARE 25 iATCN 5M ONNER NAHE TAXPAYER NAHE/ADDR M M-llT-RS 22 •••! •ttSO AOORESS UNASSXONED STATE OP IIXNN STATE OP NXNN (DNRI ILUCE LINE TRAILI 50 02-117-25 22 0002 OiOlS ORONO ORCHARD RD S P L SCHERER t 0 0 SCHERER PETER L i OERI 0 SCHERER 19000 51ST PL N PLYNOUTH NN 55047 50 02-117-25 22 0005 00050 ADDRESS UNASSXONED CAROXLL NAC NXLLAN JR ETAL LONORXDOE ASSOCIATES P 0 BOX 5020 NPLS HN 55000-5020 ONNER NANE TAXPAYER NANE/AOOR 50 02-117-25 22 OOOO 00050 AMRESS UNASSXONED STATE OP NXNN STATE OP NXNN IDNRI <LUCE LINE TRAXLI 50 02-117-25 22 0005 00205 ORONO ORCHARD RD S VXLLAOE OP ORONO CITY OP ORONO P O DOX 00 CRYSTAL DAY NN 55525 50 05-117-25 11 0001 00050 ADDRESS UNASSXONED CAROXLL NAC NXLLAN JR ETAL LONORXDOE ASSOCIATES P 0 SOX 5020 NPLS NN 55000-5020 ONNER NANE TAXPAYER NANE/ADDR 50 05-117-25 11 0002 00050 ADDRESS UNASSXONED STATE OP NXNNESOTA STATE OP NXNN CDNRI ILUCE LINE TRAXLI 50 50-110-25 00 0005 00155 ORONO ORCHARD RD N EDNUND W F RYDELL EDNUND RYDELL 155 ORONO ORCHARD RD LONO LAKE NN 55550 50 55-110-25 55 0000 00025 ORONO ORCHARD RD N K J A T i SPENCER KEITH J i THERESA 0 SPENCER 25 ORONO ORCHARD RD N LONO LAKE NN 55550 TAXPAYER NANE/AOOR 50 55-110-25 55 0005 00050 ADDRESS UNASSXONED STATE OP NXNN STATE OP NXNN CDNRI ILUCE LINE TRAXLI 50 55-110-25 55 0009 00020 ORONO ORCHARD RD N OLD ORCHARD PARN LLC OLD ORCHARD PARN LLC 50 ORONO ORCHARD RD NAYZATA NN 55591 TOTAL iATCH 500 00011 X CERTIFY THAT THE PACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OP XNPORNATXON AS XT APPEARS THIS DATE ON THE RECORDS OP THE HENNEPIN COUNTY DEPARTNENT OP PROPERTY TAXATION# TO THE REST OP NY KNOWLEDOE AND OELXEP .Jioloo TTft r ' ) r ^. t km . \ i •. 0 •••. V' p CITY of ORONO RESOLUTION OF THE CnY COUNCIL NO. 8 4..7g_____ A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B) FILE NO. 1963 WHEREAS, James and Camilla Farley are the owners of, and Engen & Kozojed & Associates, Inc. (hereinafter "the applicants) have an interest in the Property Orono Orchard South within the City of Orono (hereinafter "City") and legally described as follows: That part of the northwest quarter of the northwest quarter of Section 2, Township 117, Range 23, which lies northerly of the Luce Line Trail, Hermepm County, Minnesota (also known as Property Identification Number 02-117-23 2- 0002) (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Mumcipal Zoning Code Section 10.28. Subdivision 5 (B) to permit the construction of a single family residence on a lot 80’ in width in the RR-IB zoning district where required lot width is 200 . Minnesota: 1. 2. 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File ^^1963. The property is located in the RR-IB Single Family Rural Residential Zoning District. The Orono Planning Commission reviewed this application on September 19. 1994 and recommended approval of the proposed variance based upon the following findings: A. The shape of the property does not allow conformity to the City of Orono ’s 2(X)’ frontage requirement. The lot is triangular in shape an is approximately 80’ in width at the 50’ front setback; and ranging from 110’ to 150’ in width at the proposed building site which is locate approximately 130’ from the front lot line. Page 1 of 5 CITY of ORONO RESOLUTION COUNCIL B.Adjacent property to the south is the Luce Line Trail and to the north is a developed residential property containing a wetland near the no^ boundary of applicants ’ property. The adjacent property is not available for purchase to increase the width of applicants ’ property at the 50 front setback line. C.The existing house on the property has existed there for many decades and is located less than the required 30’ from the side lot line adjacent to the Luce Line Trail. Applicants propose to remove that house and construct a new residence that meets all setback requirements of the City. D Strict enforcement of the zoning code would not allow the existing house with non-conforming setback to be replaced with a new house having conforming setbacks. 4.The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff. by the applont and the effect of the proposed variance on the health, safety and welfare of the commurit>'. 5.The City Council finds ihafthe conditions existmg on this property are pecuUar to it and do not applv generally to other property m this zonmg kismet, that granting the variances would not adversely affect traffic conditions light am nor pose a fire hazard or other danger to neighboring property, wou serve as a convenience to the applicant, but is necessary demonstrable hardship or difficulty; is necessary to preserve right of the applicant; and would be in keeping with the spirit and intent of th Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council 10 Municipal Zoning Code Section 10.23. Subdivision 5 (B) to existing residence and construction of a new residence on the property, su j = conditions: 1. The new residence shall meet all required setbacks Paae 2 of 5 I ¥»• — irjm o o CITY of ORONO RESOLUTION OF THE CITY COUNCIL vn 3 4 73 __3_ s 2. 3. Authorities granted by this variance run with the property not with *e aPP''“"“. but ate permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (September 26, 1995). Violation of or non-compliance with any of the terms and ^ resolution shall constitute a violation of the zoning code shall J' terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood and hereby agree to toe terns of this resolLn and on behalf of themselves, their heirs, successors “^igm. hereby agree to the recording of this resoluuon in the Cham of Title of toe property. Adopted by the City Council of the City of Orono. Minnesota at a regular meeting held on the 26th day of September. 1994. 4. r I L CITY of ORONO ^ Iw. RESOLUTION OF THE CITY COUNCIL NO. fi4JL2 ____ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of September, 1994 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. NOTAnWuBUC'-SN^A i/yuLi^J. ^ Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) 199j^ before me a Notary Public within and for said county, personally appeared known to me to be the personfs) described in and wiio executed me tor^«^ mstrument.and JAMIE L BOSMA NOTARY PUaJC44INNES01A HENNEPIN COUNTY My Ccmni. Expins 12*19-97 'vsP’jis siKyXV '^~j:z^ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )^ . . On this /e^^day of U and foi aaid county, personally appeared C , 199^ before me a Np^^ry PubH^within ^owiedgeVurite (they) executed the sa'nfe as his (their) free act and deed. ,_JAMI£ L B0;JMA notary PUBUC-MINNESOIA HENNEPIN COUNTY „ My Ccmm EipifB 12-19^ jS _____^^^^tyyncJjU ^ NOTA^ PUBLIC Page 4 of 5 i CITY of ORONO RESOLUTION OF THE CITY COUNCIL xn. 8 4 7 3__a_ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /3^ day of /^r J^he.r , 199 before me a Notary Public within and for said county, personally appeared 4. -------- 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.1 NOTARY^PUBUC • MINNESOTA 1NOTAHT ruouw - HENNEPIN COUNTY My oornmlnJofi •xptrti S-12-98 ryyL NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of ^ 199 _before me a Notary Public within and for said county, personally appeared •________________________:—r-—-------: known to me to be the person(s) described in and who executed the foregomg instrument,and . . . V ____________________ art anH Heed. Known CO me lo uc uic ------------ w w acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 5 of 5 r»-» lw>« :' nunutes of the regular orono city council meeting held on SEPTEMBER 26. 1994 Mabusth summarized the current situation. The propert>- was inspeaed on 9/26/94 ™ found to be in violation of agreement made at last CouncU meeting regarding the^ge of materials in the garage. Siegler was also to have contacted Staff in regard \.y the use of a lower level room as a sleepmg room. / Barrett relayed the options the City has at this point. A civj suit trou^d to revocation of the conditional-use permit and fines to demonstrate " a cnmtnal misdemeanor complaint would be Hed by the prosecuting attoi^of the City against the owner. property was non-conforming which is why Ui^ stipulauons are on the proper^^ Couna said the applicant should attach tl^^nditiona^-use permit conditions « part of the tenant's lease to aUeviate the probljn^ Siegler said the tenants have agreed to remove the materials in the garage^l0/1/94. CaUahan motioned. Goetten seceded, to table Application ril860 untU the Counc'l meeung on 10/10/94. Sta^iim resolve the above issue by that date an con u insoeciion of the propei^n 10/2/94. The neighbors at Livingston were present at the meeting. They concem^th tte^pUcant not meeting the conditions of the condiuonal They felt thar^ie applicant has been given sufficient time to correct any pr the City ndws to take action to remedy the problems. (S5)4i961 warren PASCHKE, 3349 CR. .^T.Al. n *. Y ROAD ■ VARIANCE - ^SOLUTION # 3472 Goetten moved. Kelley seconded, to approve .Application r?1961. Resolution rrj47-. as proposed. Ayes 5, Nays 0. RESOLUnOaN #3473 Goer.cn moved. Kelley seconded, .0 approve Apphca.ion ^1963. Resolution «473. as proposed. Ayes 5, Nays 0. 'i Application Date: 2/16/00 Completion Date: 2/16/00 60 Day Deadline: 4/17/00 CnilwciL meeting APR I 0 2000 cn f ui- UHo/vo REQUEST FOR COUNCIL ACTION DATE: 4/10/00 . $ITEM NO. Department Approval: Administrator Reviewed: Name Wendy Bottcnberg Title Assistant Zoning Administrator/Planner Agenda Section: Zoning Item Description:#2566 Jim/Sheila Langhans 1366 Rest Point Road Variance - Zoning District:LR-IB One Family Lakeshore Residential District (1 Acre) Lot Area:27,043 s.f. (.62 acre) List of Exhibits: A B C D Resolution Notice of Planning Commission Action Draft Minutes of Planning Commission Meeting (3/20/2000) Staff Report and Exhibits of 3/20/2000 Application: The applicant has applied for a variance to remove a lakeside deck and replace it with a 288 s.f. addition and a 465 s.f. deck. The addition and new deck is a total of 753 s.f., however the removal of the existing deck/steps results only in a net increase of 388 s.f. (1.4%) of total structural lot coverage of 11.6%. A slight reduction of hardcover in the 75-250' setback area occurs because the applicant is proposing to remove hardcover items. The addition and deck meet all the setback requirements of the LR-1B zoning district. The requested variance is for: 1. Section 10.22, Subd. 2, and Section 10.56, Subd. 16 (L)(2): Lakeshore Hardcover: Within 75- 250' of the shoreline there shall be no greater than 25% hardcover. Veuiance Request: To permit a hardcover variance to allow 5,368 s.f. (29.33%), where 5,376 s.f. (29.37%) exists and 4,575.5 (25%) is allowed. PLANNING COMMISSION; The Planning Commission recommended by a 5 to 0 vote to: Approve the application as presented. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 AND SECTION 10.56, SUBDIVISION 16 (L) (2) FILE #2566 WHEREAS, James K. Langhans and Sheila Langhans (hereinafter "the applicants") are owners of the property located at 1366 Rest Point Road within the City of Orono (hereinafter "City") and legdly described as follows: Lot 2, Block 1, Rest Point, Hennepin Count>% Minnesota (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on March 20, 2000, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 2, and Section 10.56, Subdivision 16 (L) (2) to allow hardcover in the 75-250' setback area to be 5,368 s.f. (29.33%), where 5,376 s.f. (29.37%) exists and 4,575.5 s.f. (25%) is allowed to permit construction of a lakeside addition and deck. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File #2566. The property is located in the LR-IB, Lakeshore Residential Zoning District requiring 1 acre in area or 43,560 s.f minimum lot area. The property consists of total area of 27,043 s.f or .62 acres. Page 1 of 6 3. 5. 6. The Planning Commission reviewed this application on March 20, 2000 and recommended approval on a vote of 5 to 0. 4. The Planning Commission made the following findings of fact: A. The structural lot coverage is increasing but is below the allowed 15%, B. The amount of hardcover in the 75-250' setback area is being reduced from 5,376 s.f. (29.37%) to 5,368 s.f. (29.33%). C. The addition and deck will not adversely affect the neighbors. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 6 i ■ ’ k 1 j ^ ' r-' CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 2, and Section 10.56, Subdivision 16 (L) (2) to allow hardcover in the 75-250' setback area to be 5,368 s.f. (29.33%), where 5,376 s.f. (29.37%) exists and 4,575.5 s.f. (25%) is allowed to permit construction of a lakeside addition and deck. Approval is subject to the following conditions: 1. 2. 3. 4. 5. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. The applicant shall remove plastic from rock beds on the property, stepping stones and concrete sidewalk on the southeast side of the house, and wood steps on east property line within 90 days of receiving a building permit. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (April 10, 2001). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 3 of 6 Adopted by the Orono City Council on this 10th day of April, 2000. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner(s) STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 10th day of April, 2000, by Gabriel Jabbour & Linda S, Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public V Page 4 of 6 STATE OF MINNESOTA ) COUNTY OF HENNEPIN )ss. ) On this day of , 200 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN ) )ss. ) On this day of , 200_before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 5 of 6 Exhibit A H OCSCRPTIQN Of PRfMlSgS 2. ftocv I. RCST PONT LAKE Minnetonka .TOO in^ktr Off bos«<j upon on otsumtd dotum intends to Show the boundorics of the above described property, locolion of on entlmd houte. the proposed locotion of o proposed oddition. the locotion of d visible "hordcover** thereoa It does not pixport to show other improvements or encroocrvnents •I IMM, U VJW'UW comH k cRoiiBnc, me ooainc ooctn um spvntn m netns M2 TA4MIIIO SVt»a. lONC iMt IN 55)M €«2>47i-4 ut • *««iev coirrv im*i t»« vecrc* ««s Mc^«eo tv ic oe ucc* wt o^ci fMAt I Ml A oiAv iciieo *eorisv»Mi cm SM(i« iieo «c IMS t «c sue t m ucrwtf M«oi« .. Page 6 of 6 6 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 612-249-4600 ZONING FILE U 2566 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: March 21,2000 TO: Jim and Sheila Langhrins 1366 Rest Point Road Mound, MN 55364 COPIES: TYPE OF APPLICATION: Variance DATE OF MEETING: March 20,2000 VOTE: 5 FOR 0 AGAINST Planning Commission recommends the following: Approval as submitted. Applicant’s next scheduled meeting is confirmed as: City Council on April 10,2000 at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 20,2000 (#7) #2566 JAMES LANGHANS. 1366 REST POINT ROAD, VARIANCES. 9:03 p.m. -9:07 p.m. Mr. and Mrs. James Langhans. Applicants, were present. The Certificate of Mailing and Affidavit of Publication were noted. Bottenberg stated the Applicant is requesting a variance to remove a lakeside deck and replace it with a 16' by 18’ addition and a 465 square foot deck for a total of 753 square feet. The addition and deck meet all the setback requirements for the LR-1B zoning district. A variance to the lakeshore hardcover within the 75-250* setback is required. The Applicant is * requesting hardcover in the amount of 29.33, with the existing hardcover being 29.37 percent. Langhans stated the hardcover in that area will be slightly reduced with this proposal. Langhans noted some areas of hardcover cannot be removed due to erosion problems. Lindquist noted the structural coverage on this property will remain under the allowable 15 percent limit. Lindquist stated he does not have a problem with this application. There were no public comments regarding this application. Motion by Hawn, second by Lindquist, to recommend approval of Application #2566, James Langhans, 1366 Kcst Point Road, granting of a variance to lakeshore hardcover to m permit the removal of a lakeside deck and replace it with a 16* by 18* addition and a 465 square foot deck. VOTE: Ayes 5. Nays 0. SKETCH-Pl^N (#8) #2563 MIKEAfll^RUTH FILBRANDT, 3960 BAYSIDE ROAD, SKETCH PLAN REVIEW Mike Filbrandt, Applicant, and TracyThgcanL Contractor, were present. Weinberger stated this is a sketch plan review. TheTtppUpants are interested in subdividing the property into two buildable lots. The total acreage consists of apprd39matgly nine acres of dry buildable iand, with the minimum lot size being five acres in the RR-1A district. Weihbemer stated Page 18 ANALYSIS WORKSHEET The application needs a variance for: 1. Section 10.22, Subd. 2, and Section 10.56, Subd. 16(L)(2) - Lakeshore Hardcover (75-250* setback area). Lot Area; A LR-IB Lot Area Lot Width Required 43,560 s.f. (1 acre)140' Actual 27,043 s.f. (.62 acre)100’ Structural Coverage: Total Lot Size Total Structural Coverage 27,043 s.f.Allowed: 4,056 s.f. (15%) Existing: 2,763 s.f. (10.2%) Proposed: 3,151 s.f (11.6%) The proposed structural coverage is an increase, however still below the allowed amount. Hardcover Calculations: Distance from shoreline Total area in setback Allowed hardcover Existing hardcover Proposed hardcover 0-75'7,562 s.f 0 s.f (0%) 457 s.f (6.04%) 457 s.f- No Change 75-250’18,302 s.f 4,575.5 (25%) 5,376 s.f (29.37%) 5,368 s.f (29.33%) 250’-500‘1,179 s.f 353.7 s.f (30%) 940 s.f (79.73%) 940 s.f- No Change The property is on the lake and lies within 500' of the lakeshore. The hardcover coverage is decreasing however, the amount is greater than the allowed 25% in the 75-250 setback area. The applicant has proposed to remove stepping blocks, sidewalks, wood steps and landscape material in two locations. In 1989, a variance to allow 457 s.f of hardcover in the 0-75' setback area was approved. A storm damaged boathouse was removed and a deck was constructed in its place. Hardcover coverage in the 75-250' setback area was not reviewed at the time. 6 CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) Application # S Date Received" 2//V[o o' Amount Paid ^ 1^0^ PROPERTY INFORMATION Site Address . Property Identification Number (P.I.D.) - 7^ -/onhO________________ Attach legal description to application if not included on reouired surv’ey. Date Property Acquired ^ (month/year) I (do) fdoli^also own the adjacent parcels of land. Present use of property: ___residential ___pother (specify)______________________ Zoning District:___________________________________________________________ APPLICANT Name AddressTT^^ PfJ) Phone (home) 1*4 ^*7 Phone (work) yn.^ OWNER (if different than applicant) Address: fybi^ CoJh Name City: _______Zip: 5^3 & Phone (home) 2^ ~ IM • ____ Phone (work). City: aA0lvu<^ W\rf Zip: Estima \y\jSkLu DESCRIPTION OF REQUEST Describe request in detail: \______ v-a-^.o f<-dAf j\j/tTu - • AJP'T' L-ci>t' K^/c/c-C V ted Construction Cost $ w-e-i /yJ-TL^X.A * (attach additional sheets if necessaryj VARIANCES REQUIRED Lot Area t. Setback: ___Lot Width Front Side 7^ Hardcover Lot Coverage?* ‘ •' Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe imdue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: __________________________________ (attach additional sheets if necessary) REQUIRED SUBMITTALS All of the following information must be submitted bv the application deadline date in order for vour application to be considered complete; 1. 2. 3. 4. 5. 6. 7. 8. Completed Application Form Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map fi*om Hennepin County Department of Finance, A-603, Govt Center, 348-5910). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy ZV2" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8Vi" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy SYz" x 11"). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that vour variance application is not complete if the above information has not been included. APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature Date OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investigation and verification of this request. Owner's Signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. James & Sheila Langhans 1366 Rest Point Road Mound. Mn. 55364 February 27, 2000 c City of Orono 2750 Kelley Parkway Orono, Mn. 55356 Dear Zoning Counsel, We have proposed an improvement to our home that will reduce the hard cover from 29.37% to 29.33% in the 75ft to 250ft zone. This represents a total hard cover percentage of 25%. We believe that additional hard cover removal would represent a hardship for the following reasons. Because of the steep incline of our driveway it is necessary to turn a vehicle around in order to safely exit onto Rest Point Road especially in winter. Additional hard cover could be obtained by eliminating the concrete apron on the north side of the house and the concrete wail and walk on the east side of the house. I believe that these structures are necessary to insure proper run off and protect my basement from serious water damage (which is 55years old) and protect my lot and my neighbor ’s lot (Brian & Sue Schebler) from erosion that would be caused If the concrete wall on the east side was removed. I respectfully request that a variance be allowed as I believe that it is In the best interests of myself my neighbors and the City of Orono. Sincerely, James « Sheila'^anghans /a 1- £>\AXEUf\ UA\^MAM Al>tiXTjE2)AJ l3(oCo ,^BiS.T, POHa)T . ^~i-6L • y^" ^ 1 At>t>r TxoAJ r f(o'“ o ” / ADV3lXTXO^J WP'i-T iT.Uf^i//\rx»A; 1 H. ■3^ % 1 J ?. •1 I ( r r L_U ^XlgTX *JC» /’ •'C: i *«o i' ■ 4 V.‘ K I • f rO 42 / / / 4 ^ wlV»C L<a L-6iioJjVi pcf?etl tfLcyd • ti V\3t WN 9( ootf^e-tl (3feV Pesf fto-Krt. W. '/S’' ^ 1' Po 0^ Z 3 ■!)" V________ . /y'/s-' I 1 1 _ ^ V y II, «= ^Z- -6 .C___ #^ /" 7 -5V'-6.” / f /■ ................................. Sou'-'t ’l\ Ei_s.\)i:\.'t*/c>>^ ^ ,Jt(j r / r.-.vr/ . . • ■ ' • eAju, '. " • / ' 'l ,» <Ti •» / ' /V r.'i \..' ^ V. 'Vv: jO ■s^ • • • i t* » f r k -1 - t»aP-^ #• • r>ecjc ?• I Ke>«bt Lj^e (5 ■71^ i(f^ t W I r bc.w 1^^ ,A ■n>ec,k P.o P H' •foAC 3 ^ 1 0 . . ’‘SmtA /phtMuS ^»0?^S<2cl ^Cxfi'tj Cii^ . Sc^ .1 ^ ^ • • •• Y t* * . ^ i I , V-' -7 s.;^ . . .« !T’..4<i . 0i •* • I ^ , • I . : U h W' • • • • I I I 41 fc. i *L OCSCWffTlON Of PWCMgfS ; BkxV I. RtST PONT LAKE denotes iron inQrkff if»9S Shown or# bostO cpoo on ostumtd dotum Minnetonka s%#vtf tfitends to show the bouryjorios of th# above described property, tocolion of on eiistinQ house, the proposed locotion of o proposed oddition. f^e locotton of oi visible "hardcover ** thereon. It does not purport to show oiner improvemenis or encroochments 4 II nvjwuw cornu k cROHinc. inc ^coairic oociiv u« wow m hmm 442 Taiu Sa CM A¥CMI. lONC UIKC IM S5i*4 il2-47i-4UI • *«*ie» et»*r* li^t i»«s PiM MieuD t« ic oe iscc* w* eecciriui I «M A ait iciMio MonsioMi o> IPCD SC lMS V ac 9K tf WM1B4 ucunc wAOia «. : 0 ’7^n%^3 WJi-W “ “ ^,(3)\!^>^«^>' 1 (1) J (rr » •- CMiff niA u ORON unoE qfOAian 0 HI6H SCHRSrna OA 2^ IMAXS ENO cut M lATlI -'Coif - .7 * . .py Course WEST tIUmeW AO acc Pt3 OAJC SMNTmia MifM turn. SEE MAP \ ■ 'Stubbs ' } S *' Tiny yy~y /j rv^V Forest :r%.\<5^ V . ;? V. IRjOlOVICW Skogsberg Feint X Dutch /y.^ iLake.^*S=llZ^yrww .Harrison -Man • •• 2 a z Xa- ^ 6rono^^=] °®l, ^ «\\ Arm ood Poim DEERIMO ISLAND liiIMCHtW,1 ,SPRINGJSJ^“* ■ AATUTT ^mm 1-autfu j 1 aw ifii m >«UiioAu no C^ks Bay MOUND ' Fagerness Paint jf/ ^ /i\K •UOO' ll\l \ ■ vmjiowj _ Spring ilP^ * Liraifaul^— V I 9 I if uiii*i m *^;"TXjk**o y Carman t I \\ J .GOOSE ISLAND SPRAY Bay m ^4LU*tmm SHADY ISLAb D ISLAND i)TRL>C.Tl?{<ES O'HLlMlTCO HARDCOVER CAl.CULATION WORKSHEET :V.SETBACK ZONE: (CIRCLE ONE)75-250*250-500*500-1000* -• ■ V- . • . ■ •*. V/. • •• ..Vi. * « ‘ * •- * •i ..f i/“> V./ ...V' * • -1. ^ * * ' 4 ^ ’••*^1 •• .-.I J/* •. • • ••••!»•« •: :••• • • : * • .: V• • • • . •• k • t *.. * -* •i*' - .h; ;* • r.i . • . i* EXISTING HARDCOVER IN ZONE A. X »S.F.r Length it.^ X Width 22-5 p - ROCK V//IU 112.3 X 0.5-s;?.6 S.F.-woaO vVAU. X s S.F. B.Garage Driveway X S.F. C.X s S.F. X =;S.F. D.Sidewalk X S.F. X S.F. E.Patio/Deck X -223 S.F.-BY 5wa£ X 13?5 p STAiR » F.Landscape • ♦ • • • X . S.F. Underlain X —S.F. By Plastic X . =S.F. G.Other X 23 5 P _BB(3 ANO Cft. TOTAL HARDCOVER IN ZONE m 451 S.F. A TOTAL PROPERTY AREA IN ZONE m "75AZ t S.F. B A B X 100 =r 4-oq-?% PROPOSFn HARDCOVER IN ZONE A.House X S2 S.F. # Length X Width —S.F. X =S.F. K ^ ; X =5 S.F. 9.Garage X S.F. C.Driveway X J S.F. X *=S.F. *D.Sidewalk • • X . . S.F. X =S.F. ' • • . '1/ E.Patio,'Deck X S.F. X •S.F. F.Landscape X • S.F. Underlain X =S.F. By Pbsiic X 2=S.F. t.; G.Ollier X S.F. TOTAL HARDCOVER IN ZCNE S.F. A TOTAL PROPERTY AREA IN ZONE -S.F. B • 4 A + B X too *=% « • #• • . HARDCOVER rcu. SETBACK ZONE: (CIRCLE ONE) 0-75’ rVTSTING HARDCOVER IN ZONE A. House _______________ X 75-250:250-500*500-1000 'IMS Length Widih 22.? X X X n 'in B. Garage C. Driveway D. Sidewalk E. Paiio/Dcck F. Landscape Underlain By Plastic G. Other 'IS I'L X X X X X X X X X \1 SP-house S.F uiHt S.p.-$7£PPtH0r S.F.-CONe.?t T: c P _w<7<?0 5T£ \izy \So Ifi7 S.F.e c «CO^icnfT£ tt o.r. ot- S.F.-StD£\x«i.e S.F.-RP^E W/ 365’ S.F.-P^CK \Ol 1 Bo 333-3 O.S 167 TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE -r B S37A 5 p -Wood OH v\ ■ SlOc OF K 5 p -fk7CTH-OF<f S.F.'f^ST OF S.F. s.F.-waoD w/ S.F. X 100 = Ig. 3GZ t S.F 29,37 1 A B /o PROPOSED HARDCOVER IN ZONE A. House _______________ X Length ‘ ^aAT/S' X __________________ X X B. Garage C. Driveway D. Sidewalk ^ i/^fAjar/s /r/Mf ro « S.F. Width /AOjCJfa /ffCK / .. Patio/Deck ___________ F. Landscape Underlain By Plastic X X X X X X X X X G. Other A€/HO\/JlS €X(r TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ 4- B _ _ _ _ __X 100 = A HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75* . fyisTisn hardcover in zone A. ' House _____________ X 75-250’250-500’500-1000f (% , .« *Vf ■ * Length Width X X X V B.Garage X = V •. C.Driveway X X • •• • t.Sidewatk X » X 5= E.Patio/.Dcck X * X,X * • - • ; ' ■ . A s!f - ^ , ^1/ *. •F.Landscape X = • •. • I.*Underlain X = v*. :>By Plasiic X e .••• • • < .. . •G.Other X TOTAL HARDCOVER IN ZONE - iV .TOTAL PROPERTY AREA IN ZONE - • • • • ' * ^ - • **. *A •r B X 100 * • • • * .* %PROPOSED HARDCOVER IN ZONE .• .* • .»• • •A.House X . • ,/ m Length Width V- ■■ • w X = >•X X = • B.Garage X cs C.Driveway X gg •X ss • • •v>* :.*i’ •r-•D.Sidewalk X S3 X = # • ■ r E.Patio/Dcck X =5 . - *'*X**X •• • '•.* •% F.Landscape X = Underlain X = ••By Plastic X • V- •0.Other X • • TOTAL HARDCOVER IN ZONE • • • %TOTAL PROPERTY AREA IN ZONE - * • * ? *•A •T B X 100 S= > in4 t S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. % A B S.F. S.F. S.F. S.F.^ o S.F. \ ^ S.F. r ■*"- S.F. S.F. S.F.r • S.F. S.F. S.F.i,. '.i S.F. •S.F.• S.F. • ra • S.F.A S.F.B % / (• • / 7 i ■- J t.«A'- '/ '> /cc I'. V; V rs>i» ■ T" '-^?>®t ;i^ V V ; ■ ^ \i ■ ‘-'^ ^5i--y i'li- J. ’:^i^^ti... iW^il r I i Nrt^feM'jy .%.*‘^* !.»•» • Ml I m. \ ^ \ •• •• •‘' • '• '“-I 1 • V.• • -.. i. \ t • ■>r.- ' » * /'V »: ;^-^■ v;. .••••,:• . b miH DATE 02/17/00 HEMNEPIN COUNTY PROPERTY INFORHATXON SYSTEM PROPERTY OWNERS LIST REPORT NO. PIASMOI PAGE 15 BATCH 505 PROP ADDR OWNER NAME TAXPAYER NANE/ADDR PROP ADDR OWNER NAME TAXPAYER NANE/ADDR PROP ADDR OWNER NAME TAXPAYER NANE/ADDR PROP ADDR OWNER NAME TAXPAYER NANE/ADDR 58 07-117-25 51 002A 01550 REST POINT CIR RICHARD L ANFINSON RICHARD L ANFINSON 1550 REST POINT CIR NOUM) NN 553M 58 07-117-25 32 0030 01510 REST POINT LA E D I C L REINHART ERIC D REINHART 1510 REST POINT LA HOUND NN 555M 38 07-117-23 32 0031 01300 REST POINT CIR D 8 J BOIES JR DAVID B 8 JENNIFER BOIES 1360 REST POINT CIRCLE HOUND NN 55566 38 07-117-25 52 0036 01565 REST POINT RD THONAS NICHOLAS BERSCHEID THONAS NICHOLAS BERSCHEID 1565 REST POINT RD HOUND NN 55566 58 07-117-25 32 0037 01575 REST POINT RD N B 8 L K GERLICHER MICHAEL B 8 LYNNE GERLICHER 1375 REST POINT RD HOUND NN 55566 38 07-117-23 32 0058 01573 REST POINT RD K E ANDERSON OAK KRAMER KIRK ANDERSON 1575 REST POINT RD HOUND NN 55366 38 07-117-25 32 0060 01366 REST POINT RD J K LANOHANS 8 S LANOHANS JANES K 8 SHEILA LANGHANS 1566 REST POINT RD HOUND NN 55366 58 07-117-25 52 0061 01371 REST POINT LA KENNETH W 8 RENEE 0 EGGERT KENNETH W 8 RENEE 6 EGGERT 1371 REST POINT LA HOUND NN 55366 38 07-117-25 32 0062 01556 REST POINT CIR B A SCHEBLER 8 S B SCHEBLER B A SCHEBLER 8 S B SCHEBLER 1556 REST POINT CIR HOUND NN 55366 38 07-117-23 33 0007 01580 REST POINT RD DAVID K BLODGETT DAVID K BLODGETT 1580 REST POINT RD HOUND NN 55366 38 07-117-23 35 0012 01576 REST POINT RD 6 R BLOOM OTA BLOOM GEORGE R 8 THERESA A BLOOM 1376 REST POINT RD HOUND NN 55366 TOTAL BATCH 505 00011 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF NY KNOWLEDGE AND BELIEF. DATE msS' /B//-JT' 'pcacj PERMIT RECORD Permit No. 3Pl ____ 3134. __aa±gL__ /o^ /V Date -7-33<,3 /fe 0 /0 ~7S~ 4^/- ^ 5~-9 /;^- ^;r Type of Permit (Z(rQfX\d u/ AlDDmOJ^ <,^QJ l4- Cj2t^ • 0 13- Application Date: Completion Date: 60 Day Deadline: 2/16/00 2/16/00 4/17/00 '''’"‘lOIL MEETING APR I 0 2000 Cl I y uf oho/vo REQUEST FOR COUNCIL ACTION DATE: 4/10/00 ITEM NO.:1 Department Approval: Name Paul Weinberger Title Zoning Administrator Administrator Reviewed:Agenda Section: Item Description:#2567 Walfred Properties 2380 Shadytvood Road Commercial Site Plan Review Code AmendmentA^ariances/Conditional Use Permit Vacation of a portion of Navarre Lane and rezone to B-5 Zoning B-5, Limited Neighborhood Business DisUict Application Commercial Site Plan review for construction of a Snyder’s Drugstore and Medical Office Building on the Grace Baptist Church site in Navarre. List of Exhibits A Application B Plat Map C Section 10.44, B-5 Zoning District Standards and Permitted/Conditional Uses D Navarre Zoning Map E A1 - Site Plan/Monument Sign Plan F A2 - Floor Plan G A3 - Underground Parking Plan H A4 - Building Elevation Sketches/Building Sign Plan I C-1 Grading Plan J C-2 Utility Plan K L-1 Landscaping Plan L Engineer Comments (March 16,2000 and April 6,2000) M Existing Sewer N Existing Utilities O Hardcover Calculation Worksheet P Property Notification List Q Resolution No. 4043 - Approval of bank/ofilce/retail use (March 6, 1998) Reference Only *^2567 \yalfreJ Properties 23SO Shadywood Road Commercial Sue Plan Revieu April 10, 2000 page-I «?*' * t. •"V. ' f. T T .^ ‘ 1» y^ Application Summary' Walfred Properties has proposed to redevelop the Grace Baptist Church site located on the northeast comer of the County Road 19 and 15 intersection in Navarre. Proposed is a two story building with a footprint of approximately 12,000 s.f. The ground floor would be a Snyder’s Drugstore (9,050 s.f of dedicated retail space), the second floor would contain 9,000 s.f of office space, to be used for medical office and a lower level underground parking area to accommodate 28 parking spaces. The application requires a Zoning Code .Amendment to add ‘drugstore’ as a permitted or conditional use in the B-5 zoning district. Clinics are a permitted use in the district. The request also includes a conditional use permit to permit grading within 5’ of a property line; variances for front yard setback and hardcover; and vacation of a portion of the unimproved Navarre Lane. The portion of Navarre Lane to be vacated should be rezoned to B-5._________________ Planning Commission Recommendation The Planning Commission reviewed the land use application on March 20,2000 and recommended by a vote of 3 to 2 to amend the zoning code to recommend approval of the site plan and approve the code amendment to allow drugstores as a conditional use in the B-5 zoning district, subject to the following conditions; 1. 9 J 6. To limit the hours of operation to 8:00 a.m. to 10:00 p.m. The project engineer must provide a report confirming the proposed stormwater management pond meets all NURP standards. Part of the pond and grading is located off site. Applicant shall obtain drainage and temporary work easements from the adjacent property owner (Lafayette Ridge Homeowners) to permit the pond construction. Utility easements shall be granted over the vacated portion of Navarre Lane, as existing sewer, water, phone, gas, etc. are located within the road. Drainage and Utility easements shall be granted 10' along property lines. The Park Commission shall review and make recommendations regarding the site plan, landscaping plan and pedestrian access to Olive Avenue. City Engineer must review and approve site grading, ponding, stormwater management plan and relocation of utilities. i^256 7 Walfred Properties 2380 ShuihM>oi>d Road Commercial Site Plan Review April 10, 2000 page-2 . • Site Characteristics, Conformity (Note: Needed variances are shown in bold type) Required/Allowed Existine/Proposed Site area:20,000 s.f 85.000 s.f (incl. 4 separate ta.\ parcels and vacated Navarre Lane) Defined lot width:100’380’ Required front yard:20’15’ Required rear yard (through lot):20’30' Required side yard adj. to "R" district:15’15’ Required side yard adj. to "B" district:Not defined 3’ to 15’ Building setbacks: Front lot line:35’65’ Rear lot line (Olive Ave.):35’60' Side lot line adj. to "R" district:35'72’ Side lot line adj. to "B" district:15’120' Building Height:30’30’ Lot coverage by structures:15% (12,750 s.O 14.5% (12,165 - includes drive thru and trash enclosure) Hardcover: N. 500-1000' zone:35% (12,896 s.f.)73.7% (27,165 s.f) S. 500-1000* zone:35% (3,231 s.f.)62.8% (5,803 s.f.) No. of Parking Stalls: Required = 1 per 150 s.f of "net usable floor area for retail use" (Net = 9,050 s.f.± /150 = 60 stalls required) Required = 1 per 200 s.f. of “net usable floor area for office/medical use' (Net = 9,000 s.f + /200 = 45 stalls required) Total stalls required = 105 Total stalls proposed = 105 Signage Allowance Grading Within 5' of Lot Lines 380 s.f (CUP required) 350 s.f ^256 7 Waif red Properties 2iH0 Shadysvood Road Commercial Site Plan Reuen April in. 2000 paf^e-3 r c ^ .V;--*»*y •^'Tf.*• ‘ r:’f. Summar>' of Issues for Discussion 1. 3. 4. D. The proposed 'drugstore' use is not currently a permitted or conditional use in the B-5 District. The applicant has requested an amendment to allow 'drugstore' as a permitted or conditional use in the B-5 District. Variances are required for the following: A)Section 10.44, Subdivision 6 to permit a front yard setback for a parking lot to encroach 5'. The proposed parking area is 15' from the property line where the Code requires 20'. Section 10.56, Subdivision 16 (L) to permit 27,165 s.f. (73.7%) hardcover in the North 500-1000' shoreland setback where 12,896 s.f. (35%) is allowed, and to permit 5,803 s.f. (62.8%) hardcover in the South 500-1000' shoreland setback where 3,231 s.f. (35%) is allowed. Section 10.03, Subdivision 19-21 - A Conditional Use Permit is required to allow grading within 5’ of the property line. The pond and parking areas are proposed to be partially located within the dedicated right-of- way of a portion of Navarre Lane. The south half of the east 33’ of Navarre Lane was previously vacated in favor of the O'Sullivan property to provide additional parking area. The applicants are requesting vacation of the west half of the undeveloped ROW plus the remainder of the east half up to Olive Avenue, to provide additional land area for the stormwater pond. The east half of ROW to be vacated will accrue to the Lafayette Ridge Homeowners Association as underlying owners, and applicant must arrange to acquire it from them. Currently, the ROW is used for sewer, water, phone and gas lines. The utilities may need to be relocated outside of the ROW based on the proposed pond location. The City Engineer is reviewing the feasibility of this. The proposed pond location suggests that applicants must further acquire additional land to the east of the ROW being vacated, or an easement for ponding purposes. The site plan indicates the pond grading and the outlet would be within Outlot C of Lafayette Ridge, owned by the Lafayette Ridge Homeowners Association. The applicant could only construct a pond and grade if they obtain ownership of the land or are granted easements for drainage and work permits. Tnc City Engineer comments arc attached as E.xhibit L. In his comments Mr. Kellogg has noted the proposed pond lies outside the property lines, the applicant should provide details as to how the pond can be constructed and how it may impact the e.xisting wetland. The pond is designed to handle the runoff from the subject lot and the adjacent property to the east (O’Sullivan's/Culver's). The existing pond was constructed and designed for the f^2567 Hal/red Properties 23SO Shud\s% ood Road Commercial Site Plan Review* April 10 2000 pane-4 r.. m * (• . ■ •♦■, »v»<(f .-y ' f -n *9-%. . 6. O’Sullivan ’s property at the time it was developed. A requirement was the pond would be redesigned at the time the Church property redevelops. Please refer to the attached zoning map. Exhibit D. Three small areas of the City are zoned B-5. A Code Amendment would permit or conditionally permit ‘drugstores’ should approval be granted. All sites are located in Navarre and located adjacent to residentially zoned property. A complete list of permitted and conditional uses is attached as Exhibit C. The small portion of Navarre Lane is not zoned B-5 and should be rezoned. 7. All individual lots shall be combined into one parcel. Other Issues for Discussion - Site Plan I. Signage «• The proposed signage plan is attached and illustrated in Exhibits E and H. The Sign Ordinances do not list B-5 standards. Staff has d.*termined the uses permitted in the district are consistent with many of the uses in the B-1 district, the standards for the B-1 district permit 1 s.f. of sign space for each s.f. of frontage. The total fronta?< for this property is 380' along C.R. 19. The total aggregate signage permitted on this property is s.f. Proposed are several back lit signs that would be located on the building, and one monument sign would be located at the south entrance. Building Siunaue 1 - 4’ X 25' “SNYDER DRUG” South Elevation 1 - 5' X 4' “One Hour” South Elevation 1 - 3' X 6' “Photo” South Elevation 1 - 4' X 25' “SNYDER DRUG” East Elevation 1 - r X 16' “PHARMACY DRIVE THRU” West Elevation Total = 254 s.f. on building Monument Sign I - 10' monument sign is property at the south entrance. The total advertising space is two 48 s.f. back lit faces on the sign. Total = 96 s.f. on monument Total Signage is 350 s.f. tt2567 IValfred Properties 2JS0 ShudyMood Rixid Commercial Site Plan HvvteH April 10. 2000 page-5 ^ -, II. Retaining Walls A retaining wall potentially up to 10' in height is proposed along the west property line adjacent to the Ericson property. A 6' cedar board & batten fence is shown above this wall to protect the Ericson property. The proposed trail/walkway from Olive to Shady wood is at the base of this wall. A second retaining wall east of the building forms the westerly pond wall. Some parts of this wall will be close to 20' in height. The lower 2' of the wall will occasionally not be visible due to the expected water level of the pond. The exposed portions of the w'all appear from Exhibit I to range from r up to 14-16' feet in height due to the existing topography and grading necessary for the parking areas. Additional wall design and detail should be provided for review. A two tier wall system may be necessary, pending additional analysis by applicant ’s engineer; making this a two-tier wall has significant implications in regards to the stormwater pond size and/or the drive-thru access driveway width. Council should consider to what extent vegetation will be required to screen the walls where they may be visible to residentially zoned properties. The landscaping plan does provide a substantial amount of plantings. III. Landscaping Plan The Landscaping Plan and Planting schedule has been attached as Exhibit K. A natural buffer of 29 Techny Arborvitae will be planted along the west property line; these appear to be above the retaining wall rather than in front of it, providing screening of the site from the Ericson property’ but not screening the wall. The Code requires lots in the B districts to create a screen not less than 50% opaque and at least 6’ in height along property lines to residential lots. The proposed plan indicates a series of spruce, pines and red oaks along the north property line abutting Olive Avenue. Several other plantings arc proposed in the green space along Shadywood and in the natural islands in the parking lot. The plan appears acceptable, but proposed planting height should be submitted. IV. Pedestrian Access A proposed 8 ’ wide pedestrian access is shown on the plan to connect the Olive Avenue neighborhood to the property. The access would connect Olive Avenue to the existing sidewalk along Shadywood. The vacation of Navarre I.ane would require public access through the lot via this trail. An easement for trail purposes should be granted to the City. The Park Commission reviewed this plan on April 3 and recommends a trail access located between this site and the Culver’s site, along the current Navarre Lane right-of-way; the topography would seem to make such a plan infeasible... ^256^ WiilfrcJ fProperties 23SO ShuJ\s% ooii RthiJ Cummeraal Site Plan Hevtcu April 10. 200tf 6 V.utilities All utilities serving this site are located in Navarre Lane. Grading the pond would expose existing utility lines. The utility plan indicates the sewer line and gas line will be relocated to avoid impacting or being impacted by the pond. Water and Sewer lines are required to maintain a 10' separation. It may be necessary for the developer to contact the Department of Health if they are required to located these lines less than 10' apart. Additional “Sewer and Water Unit Adjustment Charges” equal to the Sewer Availability Charge (SAC) may be required for the building. The 13,905 s.f. building would net to approximately 18,000 s.f. for SAC and sewer/water unit determinations. The properties that make up this site were assessed for 4 commercial sewer units and footage as part of the 1965 sewer project. The City^ may have to collect additional units depending on how many units MCES determines are appropriate. Municipal water is available to the site, with the primary connection at Navarre Lane and alternate connection on Shadywood at the north end of the site. The properties making up this site were charged for full footage and a total of 5 commercial water units as part of the 1970 water project, hence no water unit adjustments nor connection charges would be required. However, this property was assessed only one unit for the Navarre Water Treatment Plant Upgrade, and would be charged an additional 3 or 4 units at $350 per unit for that upgrade project. All other utilities are available to the site. While the new- service connections are required to be below ground, the existing power lines are overhead in this area. In the previous proposal by Walgreen s it was suggested by Staff the developer should be encouraged to have existing overhead wires buried as part of this project, although the City code does not make this a requirement (Section 12.40). No determination on burial of lines was further discussed prior to that applicant's withdrawal. The City has sewer and water in Navarre Lane. If vacated, the north part of Navarre Lane would be regraded and a NURP pond would be constructed. Easements should be granted in the vacated right- of-way for utility purposes. The developer would be responsible for bringing all manholes and shutoffs up to final grade and suitably finished at the surface to be approved by the Public Works Department and City Engineer. *^2567 H'alfred Properties 23 SO ShaJysi 00 J Road Commercial Sue Plan Review April 10. 2000 page-? r-. *i V '4M*# Other Issues as Raised with Previous Applications 1 . City agreed to vacate west half of Navarre Lane in prior application. 2. The southerly access is the same as approved for the prior banlc'office/retail proposal and is located consistent with the Walgreen's proposal. The City of Orono will reserve the right, with Hennepin County, to limit access for the southerly entrance'exit to a right-in/right-out should traffic levels increase to a level creating a public safety concern. Driveways and curb cuts for business uses are regulated by Section 6.05 of the municipal code. The proposed access plan appears to meet the standards of that section, with the exception that only one driveway access is normally allowed for a business site. This proposal has two. The second access was discussed at length during the prior proposals, and ultimately was approved for the bank/office/retail plan. The circulation patterri for the current plan is quite similar to the earlier plans (bank/office/retail and Walgreen's). counterclockwise around the building to accommodate the drive-thru. The second access is expected to provide a safer exit for delivery trucks leaving the site than would be by a single access to the property. 3.This proposed access connection is similar to that approved for the bank/office/retail plan in 1998. The plan would circulate similar to the access that exists. The applicant has mentioned they are communicating about cross parking easements with the owners of the Culver's property. There arc no excess parking stalls on either this site or the Culver’s property, hence cross-easement parking usage is beneficial only to the extent that the “prime time" for the two users does not coincide... 4. Legal combination of the four tax parcels should be a condition of approval. Staff Recommendation 1 here are two primary^ engineering issues to be resolved regarding the stormwater pond: the pond design is tightly squeezed into the site plan, and the pond must be built e.xactly as per plan in order to accommodate the design flows. Secondly, the retaining wall at the proposed height must be engineered and constructed in a manner that does not encroach toward the pond further than shown on the plan; design work to confirm that this can be accomplished has not been submitted, and will require some soils analysis work. If the wall cannot be constructed in a single face as shown on the plan but must be multi-tiered, this has severe implications for either the stormwater pond design if the wall mo\ es toward the pond, or the rear access driveway width if the wall mo\ es toward the building. Similar wall design concerns apply to the northerly wall on the site, with the trail at its base. Applicants engineer is aware of these issues. n2567 Waif red l^ruparncs 23S0 ShaJy^\ ootl R(xiJ Commercial Site Plan He\iey% April 10. 2000 page S ■ V- t#*' ■'Hi*'•: ?r ^ • .f/• ^ .V •- Because of these engineering issues, staff is not prepared to reeommend approval at this time. Note that applicants have made a concerted effort to make this site plan work by locating a portion of the parking underground. The number of parking stalls required for this size building is a key factor impacting the site layout, along with the topography challenges and the required storm pond. It would be helpful to the applicants if Council would address as many of the following issues as possible: 1.Confirm acceptance of zoning amendment to allow “drug store” use in the B-5 zone; as a permitted use? As a conditional use? Any specified conditions if it’s a conditional use? Confirmation that Council will vacate all noted portions ofNavarre Lane, and rezone the appropriate portions to B-5. 3. 4. Confirm acceptance or non-acceptance of hardcover variances. Confirm acceptance or non-acceptance of 5’ variance to allow 15' front setback for parking. 5. 6. Confirm acceptance or non-acceptance of CUP for grading within 5' of lot lines. Discuss landscape plan and define any areas where additional plantings or screening of retaining walls may be necessary. 7.Confirm acceptance or non-acceptance of trail connection proposal in light of Park Commission suggestions. 8. Other topics Council wishes to discuss. Options for Council Action 1. Table for additional information or revisions (60-day e.xtcnsion required) 2. Approve with conditions (direct staff to draft appropriate resolution) j.Denv (state reasons) 4.Other action. »2567 ii’alfreJ Properties 2380 Shadp^ooJ Road Commercial Site Plan Revicn April 10. 2000 page-9 A Application # Date ReceKed~ Zfjlq |o^ Amount Paid S 7^ CITY OF ORONO - GL*VERAL LAND USE APPLICATION PROPERTY LOCATION Site Address__________3 P/) Type of Application to be Filed__ Property Identification Number (P.I.D.) t ^ ~V>V—*. t ^ APPLICANT Name_____ii.'' (-f.-t.. Address Phone (home) , ^7 J7 J .r/.^ ______ Phone (work)__________________ City Zip , rr OWNER (if different than aj Name Address if different than applicant) / / i I :j-i (/ // > -~/ //' r ^—City Phone (home) Phone (work) Date Prop eftV'^ Acquired (1^O C j} I (do)(^ not)^^o ownAhe adjacent parcels of land. Zip ^<rs3oJ'' __(month^year) FEES - CONDITIONAL USE PERMITS - S 75.00 For each variance request with CUP application (M^ricouj-vy _____$175.00 Residential Accessory Use _____$250.00 Institutional (church, school, etc.) _____$225.00 Guest House/Guest Apartments _____$200.00 Duplex Credit/Bldg _____$300.00 Conunercial/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) _____After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS $250.00 Commercial Site Plan Review (+ consultant fees) 5^ $300.00 Vacation _____$200.00 Easement Vacation - $100.00 Easement Vacation With Subdivision $350.00 Rezoning (PUB ’-refer to fee schedutg)- _____$350.00 Comprehensive Plan Amendment _____$100.00 Appeals Other - see Fee Schedule i' f- Tili 2. j. REQUIRED SUBMITTALS 1. ___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 and map from Hennepin County Department of Finance, A-603, Government Center, 348-327 Certificate of Survey (signed by a licensed surv'eyor) - refer to handout for survey information. 4. 5. 6. ___^ 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). 7. ‘^<:^Xist 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). 8. ____ Construction plan, if applicable (see staff for requirements). 9. _____ 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 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. 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 hi^er knowledge. Applicant's signature_____Date /fy 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 \erification of this request. Owner’s signature /JAxr>f ^Date / ■T, Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. ^ O ^ - ✓ €■ '^'1 / //< 4 V* *»i *V *■w . ■ii'* .r .1- k '■9 § 10.43 E. Setback Requirements. No building shall be nearer than 35 feet to any front lot line, 35 feet to any rear lot line, 15 feet to any side lot line, 35 feet to any side lot line adjacent to street; except when abutting or across the street from an ”R" District, no building shall be less than 35 feet from such lot line. F. Fencing. WTierever a "B-4" Office and Professional Business Dismct abuts an "R" District along the side or rear lot line, a fence or compact evergreen hedge not less than 50% opaque nor less than six feet in height (no less than three feet nor higher than four feet adjacent to street) shall be erected along the abutting lines except within the required front yard. G. Building Design and Construction. See Section 10.40, Subdivision 6, Subparagraph G. H. Drainage. No land shall be developed and no use shall be permitted that results in water runoff causing fiocds, 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 reviewed by the City Engineer before. jbmission to the Planning Commission and Council for approval. Such runoff may be required to be properly channel :d into a natural water course, ponding area, storm drain or other public facilities. Any change in grade affecting water runoff whether onto adjacent property or otherwise must be in compliance with the Surface Water Management Plan and shall be consistent with other applicable regulations or City Code provisions and subject to the approval of other agencies having jurisdiction over the area affected by the drainage. I. Height. No structure or building shall exceed 2-1/2 stories or thirty feet in height except as provided in Section 10.75. SEC. 10.44. B-5 LIMITED NEIGHBORHOOD BUSINESS DISTRICT. Subd. 1. Purpose. The ”B-5" Limited Neighborhood Business District is intended to provide a district for businesses that supply commodities or perform a service primarily for residents in the surrounding neighborhood, which businesses are not high traffic generators and do not necessitate an inordinate zimount of hardcover. The district may adjoin residential districts or other business districts which are subject to more restrictive controls. The district shall have immediate access to adequate highways and public sanitary sewer. Because of the location of the "B-5" District as contemplated in the area known as Navarre in the City, the uses are limited in order to limit the hardcover in that area and to limit the future generation of traffic for that property in that use district since there is already a traffic problem in Navarre. ORONO CC 347 (4-1-84) >' -4. C .*.r 1- . § 10.44 Subd. 2. Application. All applications for a building permit in any "B-5" Limited Neighborhood Business District shall be reviewed by the Council and referred to the Planning Commission for review. Subd. 3. Permitted Uses. Within any "B-5" Business District, no structure or land shall be used except for one of the following uses or uses deemed similar by the Council: A. Municipal buildings. B. Offices. C. Clinics. D. Art and school supply store. E. Book and magazine store. F. Office supply store. G. Banks, loan company, insurance company, real estate office^ H. Barbership, beauty shop. I. Camera and photograph supply store. J. Locksmith. K. Hobby shop. L. Gift store. M. Glassware and pottery. N. Antique store. O. Jewelry store. P. Watch repair. Q. Library. R. Museum. S. Record shop. T. Music store. U. Tobacco shop. V. Galleries. W. Pet shop. Subd. 4. Conditional Use. A. Within any "B-5" Limited Business District, no strucmre or land shall be used for one of the following uses except by conditional use permit: store. 1 . Candy, ice cream, popcorn, nuts, frozen desserts, soft drink 2. Drycleaning store. 3. Tailor shop. 4. Pressing rnd shoe shine shop. ORONO CC 348 (4-1-84) t t V */•r •♦■ § 10,44 5. & Laundry and cleaning pick-up stations. Home and garden equipment rental. Deleted via Ordinance No. 152.2nd Series Effective Date 10-28-96) 7. Veterinary clinic. 8. Kennels. 9. Coffee or bagel retail stores, subject to the following conditions: a. No more than 50% of the gross floor area of any single building shall be devoted to coffee and/or bagel retail stores. b. No individual coffee or bagel retail store use shall exceed 2,000 s.f of gross floor area. A combined coffee and bagel retail store use shall not exceed 4,000 s.f. of gross floor area. c. The number of incremental parking spaces required for the coffee and/or bagel retail store use shall be calculated using the zoning code parking requirement standard for restaurant uses. Applicant shall demonstrate that the total parking needs for the site will be met. d. An individual coffee or bagel retail store use shall be limited to a ma.\imum of 45 seats. A combined coffee and bagel retail store use shall be limited to a maximum of 60 seats. Source: Ordinance 170.2nd Series Adopted: 3-23-98 B, Off-Street Parking. Off-street parking when the principal site of the off-street parking abuts on a lot which is in anotli^r "B" or "I" District and is in the same ownership as the land in the "B" or "I" District and subject to those conditions as set forth in Section 10.61, Subdivision 4 and other such conditions ?.s found necessar>’ by the Council. C. Public Service Structures. Including, but not limited to, electric transmission lines in buildings such as telephone exchange stations, booster or pressure stations, elevated tanks, lift stations and electric power substations. Personal wireless services and commercial broadcasting antennas and towers shall not be considered essential services. Source: Ordinance 161.2nd Series Adopted: 5-27-97 ORONO CC 349 (4-1-84) »>•----^ § 10.44 Subd. 5. Accessory Uses. Within any "B-5" Limited Neighborhood Business District, the following uses shall be permitted accessory uses: A. Garages, Etc. Private garages, off-street parking and loading spaces, as regulated in this Chapter. B. Signs. Signs, as regulated in this Chapter. C. Temporary Buildings. Buildings temporarily located for purposes of construction on the premises for a period of not to exceed time necessary to •complete said construction. D. Landscaping. Decorative landscaping features. E. Fences. Fences, as regulated in this Chapter. F. Incidentals. Any incidental repair or processing necessary to conduct a permitted principal use, provided that the incidental use shall not exceed 30% of the floor space of the principal building. G. Public Telephone Booths. Subd. 6. Area, Height, Lot Width, Setback Requirements and Design Requirements. A. Area. The minimum lot size shall be 20,000 square feet. B. Lot Width. The minimum lot width shall be 100 feel. C. Front Yards. The minimum front yard shall be 20 feet. D. Rear Yards. The minimum rear yard shall be 30 feet; side yard adjacent to "R" District shall be 15 feet; side yard adjacent to street shall be 10 feet. E. Setback Requirements. No building shall be nearer than 35 feet to any front lot line, 35 feet from any rear lot line, 15 feel from any side lot line, 35 feet to side lot line adjacent to street; except abutting or across the street from an "R" District, no building shall be less than 35 feet from such lot line. F. Fencing. Wherever a "B-5" Limited Neighborhood Business District abuts an "R" District, along the side or rear lot line, a fence or compact evergreen hedge no less than 50% opaque- nor less than six feet in height shall be erected along the abutting lines except within the required front yard. G. Building Design and Construction. In addition to other restrictions of this Chapter, the use, construction, alteration or enlargements to any building or structure within the district shall meet the following standards: 1. All exterior wall finishes on any building shall be: (a) Face brick, or, (b) Natural stone, or, (c) Specially designed precase concrete units if the surfaces have been integrally treated with an applied decorative material or texture, or. ORONO CC 350 (4-1-84) rX-V'n’. § 10.44 (d) Factory fabricated and finished metal- framed panel construction, if the panel materials be of any of those noted in Items (a), (b) and (c) above, or glass. (e) Other materials as may be approved by the Council. Combinations of such materials shall be permitted. 2. All subsequent additions and outbuildings constructed after the erection of an original building or buildings- shall be constructed of materials comparable to those used in the original construction and shall be designed in a manner conforming with the original architectural design and general appearance. 3. No building or structure of a temporary character, trailer, basement, tent or shack shall be constructed, placed or maintained upon the property except as accessory to and during the construction of permanent buildings. H. 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 reviewed by the City Engineer before submission to the Planning 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 runoff whether onto adjacent property or otherwise must be in compliance with the Surface Water Management Plan and shall be consistent with other applicable regulations or City Code provisions and subject to the approval of other agencies having jurisdiction over the area affected by the drainage. Source; Ordinance No. 172 Effective Date; 1-1-75 I. Height. No structure or building shall exceed 2-1/2 stories or thirty feet in height except as provided in Section 10.75. Source; Ordinance No. 188 Effective Date; 11-22-76 ORONO CC 351 (4-1-84) j/1 Bonestroo Rosene Anderlik& I Associates Engineers & Architects March 16, 2000 Mr. Paul Weinberger Zoning Administrator/Planner City of Orono Post Office Box 66 Crystal Bay, MM 55323 Re: Walfred Properties/Snyders Site File No. 139GEN-2567 Bonestroo. Rosene. AnOe'fik ^na Associates, inc is an Affirmative Action/Equai Opportunity Employer Principals Otto G Bone*.troo PE • Joseph C Anderlik. PE • L Sorvala. PE • Glenn R Cook. PE • PoOen G Schurtcht. PE • Jerry A Bourdon PE • Robert W Rosene. PE . Rich«<rcJ E Turner. PE- and Susan ,V1 Eberim. C PA . Senior Consultants Associate Principals Howard A Sanford. PE. • Keith A. Gordon. PE • Robert R. Pfefferie. P£. • Richard W Foster. PE • Oavid O Loskota. PE. • Robert C Russek. A I A • Mark A Hanson. PE • M chaei T. Rautmann. PE • Ted K.Fieid. PE • Kenneth P Anderson. PE. • Mark R. Rolfs. PE. • Sidney P Williamson. PE. L S • Robert F Kotsmith • Agnes .M Ring • Allan Rick Schmidt. PE. Offices: St Paul. Rochester. Wiilmar and St Cloud VN • .Milwaukee. Wi Weosite WWW bonestroo com I'I I 7 Cl I r ur unOjvo Dear Paul: We have reviewed the preliminary grading and utility plan for the proposed Snyders site in Navarre. The site is located on the east side of Shadywood Road (CSAH 19) and north of Navarre Lane and Shoreline Drive (CSAH 15). We have the following comments in regards to engineering matters: 1. Overall: The scale shown on the plan set (1 ”=30’) does not agree with the dimensions shown on the drawing (sanitary sewer lengths), it appears that the drawing was plotted at some other scale. For this reason we were unable to verify such things as parking lot grades, pipe inverts, pond capacities, etc. Once a revised scalable drawing is submitted we will complete our review. 2. Sanitary Sewer: The existing sanitary sewer is shown through the proposed ponding area. The plans show a proposed realignment of the sewer through this area. The revised alignment shows the sewer approximately 7-feet away from an existing water main where 10-feet is the standard. The sewer should be relocated outside the normal water level (NWL) of the pond. Plans should be submitted to the Department of Health for their approval. The proposed sewer realignment falls outside the property. Additional land or easements will need to be acquired to construct the pond and sanitary sewer. The sanitary sewer should have a minimum of 6-feet of cover or should be insulated. All sanitary and storm sewer manholes are required to have an e.<terior sealing sleeve as ma'mfactured by Infi-.Shield or an approved equal. Any connections to existing manholes shall be core drilled and a rubber boot installed. All applicable City Standard Details should be included in the final plan set. 3. Grading: We recommend that access and parking lot grades not exceed 4*^. The proposed design may be within these parameters but we cannot verify until we get a scalable plan. The proposed retaining walls are nearly 20-feet tall in some locations. Retaining wall design and details should be provided tor review . two tier wall design may be necessary w here wall heights approach 20 feet. Some type of barrier will be necessary above the wall in some locations for safety purposes. 4.Drainage/Ponding: As previously stated, the proposed pond lies outside the property boundaries, the applicant should provide details as to how the pond can be constmeted and how it may impact the existing wetland. The pond should be sized according to NURP standards using a 2.5-inch rainfall over the contributing drainage area. Calculations submitted used a 2-inch rainfall and should be revised. The pond will require an outlet structure capable of providing 1-foot of skimming as shown in City Standard Detail STO-8A. The pond should be constructed in accordance with City Standard Detail STO-12. Pond and storm sewer calculations should be revised and resubmitted along with a drainage area map. It is unclear where the proposed catch bac'n on the north side of the site drains to. Riprap should be provided at all outlets. Storm sewer should be reinforced concrete pipe. Final plans should show plan and profile views 2335 West Highway 36 - 5t. Paul, MN 55tl3 ■ 651-636-4600 ■ Fax: 651-636-1311 of the proposed sewer and include storm sewer details. Final plans should be submitted to the Minnehaha Creek Watershed District (MCWD) for their review and approval. An erosion control plan should be included in the final submittal. 5. Easements: Utility easements will need to be provided for the existing utilities located within Navarre Lane. Drainage and utility easements should be provided 5-feet wide along the perimeter lot lines and 10- feet wide along the County right-of-way. Drainage easements should be provided across all ponding areas. 6. Financial Guarantee: When the plans have been completed we will prepare an estimate of the total cost for the site improvements to determine the amount of the financial guarantee required. Please contact me at (651) 604-4863 if you have any questions regarding this matter. Yours very truly. BONESTROO. ROSENE. ANDERLIK & ASSOCIATES. INC. Tom Kello^ Cc: Greg Gappa. City of Orono w 04/06/00 11:22 0 :01/01 NO:258 Oui^esiroo. Rosen#. Andrniti «nd Asioclotes, Inc. it Atffrmsuve Action/ Cqu^i Opportunii/ (mplojfvt «•#>«! Employee Owned PMncipals: Otto O Boor-.r^co, R£. • M.^rvm L Sorw.iii. PC • 0'ci*n t Coex PC • □ Sci'tunicnr I'fe • jc"y A Bourdon rc Senior Consultanit. Rvbe<’l W 9os#n# pg • josepn C ^nrird-k Pi-* • Rirh.«rrj£ Tu»nei PC • M Flirrlln, C PA Asiocmto Pfincipjll' A S.^nfprU. ."C • Ket{h A Qo -I'n. • fv.-.rr^- ' • Richard w. fester PC • Onvirt O. Loikoia. PC • Puoe'i c pu:kx. A.I A • A H*»nson Hh . vicnaci T iMnr.-mnn wf. • Vti Picid. PC • xeiviern P An<icr».on ph • ivi vi* iv uTjf. • CMvtd A Biinr^iroo Mft A • Sidney P Wimamion. Pt t I • Ann<t^ M fflftij M f< A • A|I.«m Pu k C px Ofllctf; St Pni4^ Vf rif/ud. RaiHciter and 'X'iilmar N*N • MIl Anwl'** 'X'l U%l)Slttr wwwhonrttrno com ^ I Bonestroo ^osene ■ Anderl jk & I\J I Associates Engineers & Architects April 6. 2000 Mr. Michael Gaffron Senior Planning Coordinator City of Orono Post Office Box 66 Crystal Bay. MN 55.^23 Re: Wiilfred Properties;Snyders Site PilcNsr 1.^9GEN-2567 Dear Mike; We have completed a preliminary review of the grading' and utility plan.s (Dated 3/13/00) for the pToposed Snyders site in Navarre. The site is located on the cast side of ShaUywood Road (CSAH 19) and nonli of N.ivarre Lane and Shoreline Drive (CS.A.1I 15). We have not completed a final review because ttf two engineering issue.s that will determine whether the plan is constructable on this site. Tlie items are as follow: • Ponding: The pond design is very tight. To accommodate the flows from the contributing drainage area do pond must be con.structed exactly as shown on the grailing plan anil no smaller. We recommend that the pond volumes be verified after construction. • Retaining Walls: This appettrs to be the more concerning of the two items The w-all bordering the pond exceeds 20-feei in height in some locations. A retaining wall of this magnitude requires a detailed design and soils analysis which we have not received at the lime of this writing. Phil Caswell, from our structural group, perl'ormed a preliminary review of the retaining wall part of the submittal. Wc have attached his comments for your review. Our primary concern is tliat if the final design of the walls requires more room to construct than is currently shown on the grading plan, then either the pond becomes .sin.aller or the parking lot and/or building are reduced »r 'i/c As previously stated, the pond cannot be made any smaller. The developer may need to m;vke some revisions to the silo plan if the proposed retaining walls need to be revised. Gncc the developer pr-»\*des a buildable grading plan (or documentation that the current plan is) we will complete our final site pl.iii review. At ll)is time wv • ill address issues such as pond outlet piping, parking lot grades, trail sociion.s. etc. Pie ise contact me at (b.'^l) 60 1-486.) if you have any quv'i.’ns regarding this matter. Yours very truly. BONHS I KOO. RO.SF.NP,. ANDERLIK & ASSOCIATES. INC. .•I love <»r7 Tom Kellogg Attachment Cc: Greg Gappa. City of Orono 2335 West Highway 36 • St. PituI, MN 55113 • 651-636*4600 • Fax; 651-636 1311 r» . I w 04/06/00 10:06 g :02/02 NO:255l-z Memo if I Bonestroo SM Rosene Anderflk^ |\J^ AssodjRM 4 AfiDhMtf Project Name: Snyder ’s Site Client: City of Orono To: Tom Kellogg From: Pt»ilip J. Caswell, P.E. Fite No: 139-98-000 Date: 04/04/00 Re: Segmental Retaining Walt Review Remarks: I have reviewed the Information submitted for the proposed segmental retaining wall at the Snyder's site, and have the following comments: 1. 2. 3. 4. The design calculations are preliminary only, and are NOT FOR CONSTRUCTION. They also are not signed by a P.E. This signature is necessary. Therefore, the information is being sent back without a full review. Site soils information and geotechnical recommendations are necessary. Only assumed values were used for the preliminary design. Sampling (borings) must be done - particularly near the lower ■pond* area. I would expect that some subsoil correction will be necessary. A geotechnical engineer must be involved In the design - before simply "verifying* that the in-situ site soils are as expected. A global stability analysis should bo conducted for at least the area near the pond. The soft soils one would expect in this area, overlain by 16 feet of new fill, appear to bo highly suscoptiblo to stability failure. Conditions for high water and low water should be investigated. Tho site plan does not indicate where a fence or railing Is to be located. A wall of this height next to traffic must have a barrier to protect vehicles and pedestrians from going over. In summary, this is a significant wall - up to 26 feet in height - and requires that detailed soils information be obtained and final analysis and design bo conducted by a P.E. Coll mo at ext. 4766 if you have questlone. Bonestroo, Rosene, Anderllk and Aesoelalee, Inc. St. Paul Otflca: 2335 West M ghway 36 St. Paul. MN65113 pnona 63i.(S38-4600 Fa«;69l-63«-131t Mllwauka* ortica: »516 Wftsi Pomi Moqiion. Wl 53092 P»on» 202.241.4466 Far 262-24V4801 Rochaatar ortlca: 112 7** Stmet NC Rocheslar. MN 55900 Phone 50r-2S2-2100 Fe»: 507.282-3100 Wiltmar Offica: 2C6 Jtn Street SW Wntrar, MN 56201 PDore: 320-214-9567 Far 320-214 9458 8L Cloud Offlca: 3721 Street S St. Cloud. MN 56301 Phone. 326 25 • -4553 Fax 320 251-6252 I NORTH LANE o Ncres 1 36JW1 SP. 3 9; 3: SF. npF<e/[QU5 PERylgys 9j6fl2 5P. 3.429 SP. 21J65 6P. 5.003 ep. °Egs/iaj5 V 35ifc 59.! li « I' ■ !• 1 2 D> -J I H .Ck I Oo U1 Nj T) O N ‘.££. RUH DATE 02/M/00 HENNEPIN COUNT/ PROPEimr INFORNATION SYSTEH PROPERTY OWNERS LIST BATCH 50B PROP AODR OWNER NAME TAXPAYER NANE/AODR PROP AODR OWNER NAME TAXPAYER NAHE/ADDR PROP ADDR OWNER NANE TAXPAYER NANE/ADDR PROP ADDR OWNER NANE TAXPAYER NANE/ADDR PROP AODR OWNER NANE TAXPAYER NANE/ADDR PROP AODR OWNER NANE TAXPAYER NANE/AODR SB 17-117-23 A4 0059 03320 NAVARRE LA PAUL J PASCUZZI PAUL J PASCUZZI 3320 NAVARRE LA WAYZATA NN 55391 35 17-117-23 99 0090 03329 NAVARRE LA WILLIAN CHAD NILSSON WILLIAN CHAD NILSSON 3329 NAVARRE LA WAYZATA HN 55391 35 17-117-23 99 0099 02335 OLIVE AVE PAUL NACKINNEY PAUL J NACKINNEY 2335 OLIVE AVE WAYZATA NN 55391 35 17-117-23 99 0095 02325 OLIVE AVE J T JACOBSON 5 L D JACOBSON J T JACOBSON 5 L D JACOBSON 2325 OLIVE AVE WAYZATA HN 55391 35 17-117-23 99 0073 02319 SHADYWOOD RO S R 5 K NORKRID STEVEN R A KAREN NORKRID 2319 SHADYWOOD RD WAYZATA NN 55391 35 17-117-23 99 0079 02329 SHADYWOOD RD RICHARD JOSEPH HAEFNER RICHARD JOSEPH HAEFNER 2329 SHADYWOOD RD WAYZATA HN 55391 35 17-117-23 99 0079 02339 SHADYWOOD RD JOHN C i BARBARA E ERICSOH JOHN I BARBARA ERICSON 1920 SHADYWOOD RD WAYZATA NN 55391 35 17-117-23 99 0077 03329 NAVARRE LA GRACE BAPTIST CHURCHAIAVARRE C 1 CONSTRUCTION LLC 1210 BROADWAY P 0 BOX 995 ALEXANDRIA HN 59305 35 17-117-23 99 0079 02391 SHADYWOOD RD LOUISE A 6AN6ELH0FF LOUISE A 6AN6ELH0FF 2391 SHADYWOOD RD WAYZATA HN 55391 35 17-117-23 99 0050 00035 ADDRESS UNASSIGHED TOWN OF ORONO CITY OF ORONO PO BOX 99 CRYSTAL BAY HN 55323 35 17-117-23 99 0055 03390 SHORELINE DR VOYAGEUR SERVICE CENTERS INC VOYAGEUR SERVICE CENTERS INC P 0 BOX 95 NAVARRE HN 55392 35 17-117-23 99 0099 00035 ADDRESS UNASSIGNED LAFAYETTE RIDGE HOHEOWNERS LAFAYETTE RIDGE HOHEOWNERS P 0 BOX 91 HINNETOWA BEACH HN 55361 REPORT NO. P1935901 PAGE 59 35 17-117-23 99 0093 02399 OLIVE AVE JAHES S HEITZ JANES S HEITZ 2399 OLIVE AVE WAYZATA HN 55391 i f 35 17-117-23 99 0099 02315 OLIVE AVE PATRICK W SULLIVAN PATRICK W SULLIVAN 2315 OLIVE AVE WAYZATA HN 55391 35 17-117-23 99 0075 02339 SHADYWOOD RD JIB ERICSON JOHN C i BARBARA E ERICSOH 1920 SHADYWOOD RD WAYZATA HN 55391 35 17-117-23 99 0075 00035 ADDRESS UNASSIGNED GRACE BAPTIST CHURCH/NAVARRE C I CONSTRUCTION LLC 1210 BROADWAY P 0 BOX 995 ALEXANDRIA HN 59305 35 17-117-23 99 0059 02350 OLIVE AVE CARY L WILL GARY L WILL 2350 OLIVE AVE WAYZATA HN 55391 \ 35 17-117-23 99 0099 00035 ADDRESS UNASSIGNED CITY OF ORONO t CITY OF ORONO PO BOX 99 CRYSTAL BAY HN 55323 - '^4. RUN DATE 02/lVeO lATCN 50a PROP ADDR ONNER NAME TAXPAYER NANE/ADDR 5S 17-117-2S A4 0100 03502 SHORELINE DR GLASS II PARTNERS DONALD NCCARVILLE 3302 HARNER LA HOUND HN 55300 HENNEPIN COUNTY PROPERTY INFORHATION SYSTEH PROPERTY OWNERS LIST 30 17-117-23 00 0101 03360 SHORELINE DR L 0 C KOEHNEN LEROY KOEHNEN 3360 SHORELINE DR WAYZATA HN 55391 REPORT NO. P1035001 PAGE 55 30 17-117-23 00 0102 02305 SHADYWOOD RD S H SCHHIDT 0 S J SCHHIDT STEPHEN H SCHHIDT 2305 SHADYWOOD RD BOX 15 WAYZATA HN 55391 PROP ADDR OWNER HAHE TAXPAYER NANE/ADDR 30 17-117-23 00 0106 02300 SHADYWOOD RD PHYLLIS HENDERSON PHYLLIS HENDERSON 2300 SHADYWOOD RD WAYZATA HN 55391 30 20-117-23 11 0002 02020 SHADYWOOD RD VOYAOEUR SERVICE CENTERS VOYAOEUR SERVICE CENTERS CO RD 15 0 19 NAVARRE HN 55392 30 20-117-23 11 0020 03333 SHORELINE DR HOT COHPANY SUPER VALU STORES INC CORPORATE TAX DEPT PO BOX 990 HPLS HN 55000 PROP ADDR OWNER NAHE TAXPAYER NANE/ADDR TOTAL BATCH 500 00002 '1 :i :■ V fe) <;) •»* ^ ■5 V ■i*" '1 I /f ii-■d'i I • • \ X CERTIFY THAT THE FACTS REFRESEKTED ARE AN ACCURATE AND TRUE REFRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE DEST OF MY KNOHLEDCE AND BELIEF DATE iUN DATE 02/1A/00 BATCH SIS fHOP ADDA OWNER NAME TAXPAYER NANE/AODR PROP AODR OWNER NAME TAXPAYER NAHE/AODR PROP ADDR OWNER NAHE TAXPAYER NAHE/AODR PROP AODR OWNER NAHE TAXPAYER NAHE/AODR PROP AODR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR HENNEPIN COUNTY PROPERTY INFORHATION SYSTEH PROPERTY OWNERS LIST Sa 17-117-23 A3 0079 03A08 LYRIC AVE HENNEPIN FORFEITED LAND CITY OF ORONO P 0 BOX 66 CRYSTAL BAY HN 55323 3B 17-117-23 A3 00B2 00B3B ADDRESS UNASSICNED TOWN OF ORONO CITY OF ORONO PO BOX 66 CRYSTAL BAY HN 55323 3B 17-117-23 A3 015A 03A05 LIVINGSTON AVE SHERYL A PATTEN SHERYL A PATTEN 3A05 LIVINGSTON AVE WAYZATA HN 55391 3B 17-117-23 AA 0007 0236A SNADYWOOD RD GRACE BAPTIST CHURCH/NAVARRE C 1 CONSTRUCTION LLC 1210 BROADWAY P 0 BOX 965 ALEXANDRIA HN 5630B 3B 17-117-23 AA 0015 0003B ADDRESS UNASSIGNED HENNEPIN FORFEITED LAND CITY OF ORONO P 0 BOX 66 CRYSTAL BAY HN 55323 3B 17-117-23 AA 0031 02275 BAYVIEW PL JANES R ANDERSON JAHES R ANDERSON 2275 BAYVIEW PLACE WAYZATA HN 55391 REPORT NO. PIA35A01 PAGE 53 3B 17-117-23 A3 OOBO 03A0B LYRIC AVE HENNEPIN FORFEITED LAND CITY OF ORONO P 0 BOX 66 CRYSTAL BAY HH 55323 3B 17-117-23 A3 OOBl 03A0B LYRIC AVE HENNEPIN FORFEITED LAND CITY OF ORONO P 0 BOX 66 CRYSTAL BAY HN 55323 3B 17-117-23 A3 00B3 00038 ADDRESS UNASSICNED HENNEPIN FORFEITED LAND CITY OF ORONO P 0 BOX 66 CRYSTAL BAY HN 55323 38 17-117-23 A3 0099 03A00 SHORELINE DR DALE S JOHNSON C T JOHNSON 0 B A JOHNSON 16110 9TH AVE N PLYHOUTH HN 55AA7 38 17-117-23 AA 0005 00038 ADDRESS UNASSICNED TOWN OF ORONO CITY OF ORONO PO BOX 66 CRYSTAL BAY HN 55323 38 17-117-23 AA 0006 02380 SHADYWOOD RD GRACE BAPTIST CHURCH/NAVARRE C I CONSTRUCTION LLC 1210 BROADWAY P 0 BOX 965 ALEXANDRIA HN 56308 38 17-117-23 AA 0008 00038 ADDRESS UNASSIGNED HENNEPIN FORFEITED LAND CITY OF ORONO P 0 BOX 66 CRYSTAL BAY HN 55323 38 17-117-23 AA 0009 02377 SHADYWOOD RD HARCEL S DITTRICH HARCEL DITTRICH 2377 SHADYWOOD RD WAYZATA HN 55391 38 17-117-23 AA 0029 02253 BAYVIEW PL C H LEWIN I C H OLSON-KOSKA GREG LEWIN/CAROL OLSON-KOSKA 2253 BAYVIEW PL WAYZATA HN 55391 38 17-117-23 AA 0030 02265 BAYVIEW PL BART E POHERLEAU BART E POHERLEAU 2265 BAYVIEW PL WAYZATA HN 55391 38 17-117-23 AA 0032 00038 ADDRESS UNASSIGHED GENE AND SHERYLL BLOCK GENE AND SHERYLL BLOCK 2305 BAYVIEW PLACE WAYZATA HN 55391 38 17-117-23 AA 0033 02305 BAYVIEW PL R H STELLING ETAL ' GENE H BLOCK 2305 BAYVIEW PLACE WAYZATA HN 55391 Hi? (:i;JC ' * r -»r • .* / V ► •• >^ I \u •* • CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 0 4 3 A RESOLUTION GRANTING VARIANCES TO ORONO MUNICIPAL ZONING CODE SECTIONS 10.56 SUBDIVISION 16(L) AND 10.61 SUBDIVISION 5(B) AND APPROVING THE ISSUANCE OF A BUILDING PERNHT TO ORONO DEVELOPMENT, LLC FOR THE PROPERTY LOCATED AT 2380 SHADYWOOD ROAD PER MUNICIPAL ZONING CODE SECTION 10.44, SUBDIVISION 2 FILE NO. 2326 WHEREAS, Thomas Dillon representing Orono Development, LLC (hereinafter the "applicant") has an interest in the propert>* located at 2380 Shadyvvood Road located within the City of Orono (hereinafter the "Cit>") and legally described as follows: Lots 19, 20, 21 and 22, Wiley ’s Navarre Addition, Lake Minnetonka; and that part of Lot 5, Block 3, Townsite of Langdon Park, described as follows: Beginning at the Northeasterly comer of said Lot 5; thence Northwesterly along the Northerly line of said Lot 5 to the Northeasterly line of the public highway running across said Lot 5 and known as Minnetonka Lake Park and Maple Plain Road (now County Road No. 19); thence Southeasterly along the.Northeasterly line of said road to the Easterly line of Lot 5; thence Northerly along the Easterly line of said Lot 5 to the point of beginning. All in Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have applied to the City for a building permit per Municipal Zoning Code Section 10.44, Subd. 2 to permit the commercial development of the property that includes the approval of the following variances: Page 1 of 11 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 ^ ^ ^ 1. Section 10.56, Subd. 16 (L) - Hardcover variance: A. 500-1000 ’ (North portion of property): Zone area = 36,150 s.f. ± Proposed Hardcover = 17,250 s.f. + = 47.7% Allowed Hardcover = 35% = 12,650 s.f. ± Variance = 4,600 s.f. = 12.7% B. 500-1000 ’ (South portion of property); Zone area = 10,100 s.f. ± Proposed Hardcover = 7,810 s.f. + = 77.3% Allowed Hardcover = 35 % = 3,535 s.f. ± Variance = 4,275 s.f. = 42.3% 2.Section 10.61, Subd. 5 (B) - Setback variance for parking (not allowed within required front yard): Required front yard = 20 ’ (10.44 Subd. 6C) Proposed front setback to parking = 5 ’ Proposed encroachment by parking =15' Variance = 15 ’ or 75% WHEREAS, the Orono Planning Commission reviewed this comprehensive application at a public hearing held on January 20, 1998, and again at a continued hearing held on February 17, 1998 and recommended unanimous approval of the development plans per the commercial site plan, building elevations, and landscape plan prepared by AMCON Design, Construction, Construction Management, Inc. dated 2/2/98, for Orono Development, LLC, subject to a recommendation that the City Council require a 15' setback for parking, granting only a 5' variance. The City Council on February 23, 1998 reviewed the recommendations of the staff. Planning Commission, City Engineer, consultants and the applicant's comments ^d on a vote of 3-1 granted approval of the proposed variances and commercial site plan, directmg staff to prepare a formal resolution for approval incorporating umque fmdings and hardships in support of such approval; and Page 2 of 11 CITY of ORONO RESOLUTION OF THE CIJY COUNCIL NO. 4 0 4a_____ WHEREAS, the Orono City Council makes the following findings in regard to this application: FINDINGS 1. This application was reviewed as Zoning File #2326. 2. The property is located in the B-5 Limited Neighborhood Business District requiring 20,000 s.f. in area. The property consists of 80,995 s.f. or 1.86 acres. 3. The development plans include an 11,246 s.f. one-story commercial office/retail building, to include: - 3,150 s.f. bank with drive-thru window - 2,816 s.f. commercial/office space - 5,280 s.f. retail space 4. The general uses proposed conform to the uses allowed in the B-5 Lunited Neighborhood District. Applicant has concurrently requested (Application #2327) an amendment of the B-5 District list of allowable conditional uses to include bagel and coffee retail stores, which amendment is pending. 5. Per Section 10.61, Subd. 10, required off-street parking is approved as follows: A. Bank/commercial/office = 1 stall per each 200 s.f. of net floor area. 5,200 s.f. net floor area -i* 200 = 26 spaces. B. Retail = 1 stall per each 150 s.f. of net floor area 4,500 s.f. net floor area -*• 150 s.f. = 30 spaces Required = 56 spaces Proposed = 62 spaces (inch 3 handicap) C.If retail is restaurant uses = 1 stall per each 80 s.f. of public floor area Assuming public floor area = 50% of 5,280 s.f. = 2,640 s.f. 2,640 80 s.f. = 33 spaces (Required would be 26 + 33 = 59 spaces) (Requirement would still be met) Page 3 of 11 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 0 4 3_____ 6. 7. 8. 9. 10. The stormwater retention pond located at the rear of the property will be expanded to accommodate surface runoff from this site. All surface runoff will be directed via underground storm sewers to this stormwater retention area before discharging to the designated wetland to the southeast of the property. David Zetterstrom, Entrance Permit Coordinator for the Hennepin County Department of Public Works in a letter dated February 2, 1998 approved the two curb cuts as shown on the site plan referenced above. Tom Kellogg of Bonestroo, Rosene, Anderlik and Associates, Inc. in his letter of January 12, 1998 made a number of comments and recommendations regarding traffic, grading, drainage and utilities, easements and trail location. Kellogg ’s subsequent letter of February 13, 1998 regarding the revised plans noted a number of minor engineering matters in regards to drainage system design, which will be addressed in the construction plan review process prior to issuance of a building permit. Wallace Case, Landscape Architect/Planner with DSU, Inc. in his letter of January 23, 1998 made a number of comments regarding the proposed site plan and landscaping, which comments were taken into accoimt in the City’s review of this application. Applicants' development of the proposed site plan is dependent upon completion of the vacation of a portion of Navarre Lane as originally agreed to by the City via Resolution #3830 on January 13, 1997. 11, Surface drainage from this site will not have any impact on adjacent properties as all surface runoff will be directed to a retention pond to the rear of the site. 12. The property abuts the LR-IC Single Family Lakeshore Residential Zoning District to the north and east. Adjacent and nearby property owners were legally notified of the public hearing for this project and were given opportunity to speak at that hearing. .Page 4 of 11 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 0 4 5^ 13. 14. 15. 16. 17. aoThe site is topographically difficult to develop and vdll require significant fillin and grading to accommodate the proposed improvements. The proposed site grading plans have been reviewed by staff, the City Engineer, the Planning Commission and the City Council and have been found to be generally appropriate for development of this site, subject to adjustments to be made via a final grading plan which will have to be approved by the City prior to issuance of a building permit. Structural coverage on the site is proposed at 14%, meeting the 15% limitation on lot coverage by structures. The property has a unique shape and is a 'through' lot, abutting Olive Avenue to the rear and Shad^wood Road (County Road 19) on the front. The orientation of the building is toward Shadywood Road, minimizing any comr.iercial appearance or activity as viewed from Olive Avenue. The variance to allow a parking setback of 5' along the front lot line where a 20' setback is normally required, is justified by the umque shape and topography of the site and the need to provide certain amenities for the development. The combination of front parking and driving lane needs; minimum functional depth of building; drive-thru exit lane and rear building delivery access; retaining wall design and location as well as screening needs; and the location and design of the stormwater retention pond, result in the need to allow encroachment of tUw parking lot to within 5 feet of the front lot line in order to accommodate the above noted features and concerns within the boundaries of the site, without creating the need for other variances. The proposed hardcover variance is mitigated to a great extent by the fact that all surface runoff from the site will be directed to a stormwater retention (NURP) pond designed to enhance the quality of runoff waters prior to ^eir discharge from the site. The magnitude of hardcover variance is further justifie by the fact that less than 1 percent of the City's shoreland areas are devoted to commercial uses, hence the overall impact of the excess hardcover created by commercial uses is relatively minor, especially when such impacts are mitigate by stormwater treatment facilities. Page 5 of 11 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. AJL42_____ 18. The proposed site plan, landscape plan and building design incorporate features and elements which make this development appropriate for the B-5 District, especially in relation to its adjacency to an existing residential neighborhood. Such features and elements include orientation of the building toward Shadywood P i .ith no vehicular access to the site from Olive Avenue or Navarre Lane, eliminating neighborhood traffic concerns; sufficient setback and vegetative buffering along the Olive Avenue boundary' and the northerly boundary of the site; facade materials and design of a subdued character with design elements to break up the look of a long roofline, and consistent styling carried around all sides of the building; creation of a pedestrian pathway' through the site to allow the neighborhood easy access to the Navarre business area; and other features. 19. The Council finds that the proposed cedar-shake-over-brick facade proposed is acceptable per Zoning Code Section 10.45 Subd. 6G(le). 20. The Ciry Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variances on the health, safety and welfare of the community. 21 . The 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 requested variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties, would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty ”, is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS NOW, THEREFORE, BE IT RESOL\TED that the City Council of the City of Orono hereby approves the commercial site plan, building elevations and landscape plan Page 6 of 11 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 0 referenced above and approves the variances as requested based on the unique findings and hardships noted above; and approves the City’s issuing a building permit for the proposed commercial/relail/office/bank building to Orono Development, LLC subject to the following conditions: 1.Upon application for a building permit, applicant shall provide the following information for the review by the City Engineer: A. Plans and specifications for service line connections, proposed new hydrants if any, etc. As-built plans shall be provided to the City upon completion. The Public Works Department shall review any potential problems associated with additional cover placed over existing water or sewer mains, especially in conjunction with the vacated portions of Navarre Lane, and applicant shall be responsible for making adjustments of City sewer and water lines, manholes, etc. in a permanent manner acceptable to the Public Works Department. B. Final grading, drainage and erosion control plan showing existing and proposed contours, building locations, elevations, stormwater pond and erosion control measures to be used during construction. Plans must include additional detail on the pond outlet structure which currently is not acceptable as a permanent installation. Final stormwater retention pond plans shall be submitted, and must include information regarding the method of sealing the pond bottom. Storm sewer calculations must be provided, and revisions to the plans completed per the City Engineer’s February 13 comments. Applicant shall provide confirmation as to whether gutter runoff from Shad.vwood Road will be entering the site and if so, that it will be adequately handled. A building permit cannot be. i«;<;ued until the Minnehaha Creek Watershed District has approved the stormwater plans. C. Engineering details and design must be provided for the proposed retaining wall. Due to steep slopes along the north boundary of the site and north boundary' of the pond, additional retaining walls may be required to result in slopes no greater than 3:1 to allow for landscaping viability. Page 7 of 11 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 0 4 3 ___ 7. 8. 9. The landscape areas as shown on the above referenced site plan shall consist of grass wherever feasible and shall adhere to the above referenced Revised Landscape Plan dated 2/2/98 in regards to planting species, sizes and locations. Landscaping plan shall include placement of a minimum 6" depth of topsoil over all areas to be vegetated. Applicant shall permanently maintain all landscape areas as originally approved. Site frontage for commercial signage calculation will be limited to the frontage along Shadywood Road, bemg 381 feet in length. Signage for this site shall be regulated by the provisions of Zoning Code Section 10.61, Subd. 1, Subd. 3(A) and Subd. 3(D). No commercial signage will be allowed along the facade of Ae building facing Olive Avenue except as minimally needed to identify service entrances to buildings, and as needed for the bank drive-thru. Final lighting plan shall be subject to City staff approval and shall locate lighcing so as to direct lights away from the adjacent residential neighborhood. 10. No business shall have its primary entrance through the rear (Olive Avenue side) of the building. 11. No formal approv'al for reciprocal parking agreements between this property and adjacent commercial properties has been requested or approved for this site. 12. Erosion control shall adhere to "Best Management Practices for Protecting Water Quality in Urban Areas". All erosion controls as required by the City shall be in place prior to commencing e.xcavation on the site. The stormwater pond construction shall be substantially completed and functional prior to construction of building footings. 13. A Developer's Agreement shall be executed by the applicant to assure that all required site improvements as shown on approved site plan will be completed to the City's satisfaction. The Cit>' Engineer has provided a preliminary estimate of the cost of site improvements at $169,100. This amount does not include the cost of landscaping and plantings, which shall be in addition to the preliminary Page 9 of 11 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 0 45? estimated amount. Applicant shall provide an estimate of the cost of landscaping and plantings, which amount shall be added to the site improvement estimate. A Letter of Credit in an amount 150% of the final combined estimate shall accompany the Developers Agreement. 14. Prior to issuance of a building permit, applicant shall provide suitable evidence of property ownership. Authorities granted by this resolution run with the propertj ’ not with the owners, but are permissive only and must be exercised by obtaimng a building permit within one year of the date of Council's approval, or the special conditions of this resolution wall expire on that date (March 6, 1999). 16. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 17. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property'. Adopted by the Orono City Council on this 9th day of March, 1998. 15. ATTEST: Linda S. Vee, City Clerk Property Owner! Page 10 of 11 « • CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO.__4 0 4s STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 9th day of March, 1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation, and said instrument was executed on behalf of the City. ------------JAMIE LGEMAR NOTARY PUBUC-MINNESOTA HB4NEP1N COUNTY V ^2 J :, h Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ///M__________________^day of ________, 1998 before me a Notary Public within and for said county, personally appearedf) 0A.\j.Ti,’A.H^y^ mg instalment.known to me to be the person(s) described in and who executed the foregoing acknowledged that he(they) executed the same as his (their) free act and deed. and JAMIE LGEMAR S NOTARY PUBUC-MINNESOTA & azpzzsz HENNEPIN COUNTY ^ My Commission Expires Jan. 31.2000 N n c /tA.tlXX^ NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this k5 day of__________________ -p ,J998 ^ore rw a Notary Public within and for said county, personally apffeared Lz Cr _________ 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. IWF/.OPreOAAfiO FtoicorftibB&fAvtMeto ' HoontchOxrty AVConnWan B9H1 Aaa}|.20QO Page 11 of 11 T'^IJNCIL MEETING APR 1 0 2000REQUEST FOR COUNCIL ACTION Hrr\ i w CITY OF ORONO DATE: April 6, 2000 ITEM NO.: jQ Department Approval: Name Michael P. Gaffron /| Title Senior Planning Coordinator Administrator Reviewed:Agenda Section: Zonine Item Description: 2000 Joint Use Dock Licenses (Renewals): Big Island. Inc. Forest Arms Homeowners Assoc. Minnetonka Power Squadron Carlsoa'Nelson/Gage Bohn's Point'North Shore Homeowners Foxhill Homeowners Association Pheasant Lawn Homeowners Association Kellv Cove Homeowners Association Walters Port Association Sand> Beach Victoria Estates Big Island Vets Camp List of Exhibits A - City Map of Joint Dock Locations B - Resolutions C - 2000 Applications We are in receipt of all twelve renewal joint use dock license applications for the 12 joint docks the City has historically licensed. Each application exhibits no changes from previous licenses. We have received no complaints regarding any of these joint use docks. Note the following: - Neither Big Island Vets Camp nor Sandy Beach applied for licenses tor 1999; both are rectifying that situation this year, and will be issued a license retroactive to 1-1-99. - Carlson/Nelsoiv'Gage sent the 1999 fee last year but no application form; this is being rectified in their 2000 application, and their license will similarly be issued retroactive to l- 1-99. - Kelly Cove Homeowners .Association (KCHA) was granted a 1999 license subject to no further licenses until the covenants/agreements regarding the separation trom Navarre Cove HC are finalized. KCHA has applied for a 2000 license; staff recommends Council approval subject to issuance of license only upon staff confirmation that the paper^vork is complete to the satisfaeiion of the City Attorney. Staff recommends approval of 2000 joint use dock licenses for each of these twelve applicants. COUNCIL ACTIO.N REQUESTED: Adopt the attached resolutions granting joint use dock licenses for 2000 to each of the applicants. Proposed Motion: Moved by__, seconded by__, to adopt Resolutions____through _____, directing staff to issue joint use dock licenses to Big Island Inc., Forest Arms HA. Bohns Point/North Shore Homeowners,, Fox Hill HA. Minnetonka Power Squadron, Pheasant Lawn H.A. Walters Port Maintenance and Improvement Association. Victoria Estates and Kelly Cove H,A(subject to completion ofeovenants) for the period of Januaiy I, 2000 to December 31, 2000; and to Sands Bench. Carlson,Nelson/Gage and Big Island Vets Camp for the period January I. 1999 to December 31. 2000. RESOLUTION DIRECTING ST.\FF TO ISSUE A JOINT USE DOCK LICENSE TO BOARD OF GOVERNORS. BIG ISLAND VETERAN ’S CAMP SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 2000 TO DECEMBER 31, 2000 AND RETROACTIVELY FOR THE PERIOD JANUARY 1, 1999 TO DECEMBER 31, 1999 WHEREAS, the City of Orono. hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes. State Statute 412, et. seq. and State Statute 462. et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of die City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety' and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina ou'ners to the extent prohibiting any interference with the public waters adjoining their propcrty\ The LMCD, DNR and City of Orono rr . t fulfdl their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, \^hether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is sh .red by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. Tlie only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has die right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational be.nefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka i:. .apable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and Page 1 of2 WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakesliore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHERE AS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the Cit>- of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and cond-iions noted on E.xhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 10th day of April, 2000. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 10th day of April, 2000 by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono. a Minnesota municipal corporation and said instrument was executed on behalf of the Citv. Notarv Public Page 2 of 2 • • CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Big Island Veteran's Camp Board of Governors Dock Address: Big Island - Record Lot #1-100 Big Island Agent: Michael Flanagan, Secretary Address: Box 598, Excelsior, MN 55331 Licensee is: Statutory board/club or recreation group License Period - January 1,1999 to December 31,2000 II.BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Lower Main Lake Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY, 1999-2000 16 (14 slips, 2 buoys under previous license) 10 Exhibit A Resolution No. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. 111. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1.Based on the 5 cabins and 25 tent-camping sites approved by Cit>* of Orono Resolution #2802,10 slips are approved for the 2000 season per your application. 2.Future requests for additional slips will be subject to City Council approval and shall be reviewed and considered in relation to the concurrent level of allowed camp activity. V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City . nd other competent regulatory authorities shall deem necessary from time to time in the public interest. i 9 • ^ CITY OF ORONO P.O. Box 66 Ciystal Bay, Mn 55323 612-249-4600 LICENSE YEAR 2000 ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff_______January 31.2000 Date Application Returned to City ">/ ________ Fee Received S ^0 ^______ By Employee Section 5.42, Subdivision 2. LICENSE REQUIRED - "It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in ...joint use (of any lakeshore property) without first having obtained a license therefor from the City." Please complete all items and submit signed application, required attachments, and license application fee to the City Clerk by March 1 of the license year. ASSOCIATION INFORMATION 1. 2. 3. Association title or name (if any) Lake ______________Bay _____________ Person responsible for this application; Name _______Phone ‘^OH _______________ Mailing Address R./____6 Ac S~S ^ / Relationship to association 4.Association is (check applicable items); ___ unincorporated homeowner's group. ___ incorporated Homeowner's Association. unincorporated club or recreation group, incorporated club or recreation group. 5.Principal purpose of joint use dock is (check applicable items); ____ provide boat mooring and lake access for residential property. ____ provide swimming access, beach, or offshore dock. \/ provide a club or association gathering place for activities. Page 1 of 4 L_ 6. 7. 8. 9. 10. Dock is located on (check applicable item): ___one member’s private property. ___easement or outlot owned in common. property leased by the group/association. property owned by the ^up/associ____ation. List Dock location and ownership information: fy jr^hfe Street address ________ Legal property description Jhh-hr' PIP# Listed property owner(s) Jj Names/addresses of abutting lakeshore property owners: fNorthAVesrt ___________ fSouth/Eastl Names/addresses of other affected property owners (attach sheet if necessary): Insurance Coverage - The jointly used dock is insured by one of the following: __property owner's homeowner's policy, r^^eparate group/association owned policy. List the following information: Name of insured Tj^*^ Name of insurance carried Name of insurance agency Policy No. cf^tEffective date of coverage Amount of coverage: Public liability, per person, per occurrence $ Public liability, per occurrence Security and policing of the jointly used dock and property is provided by (check applicable items): ____ fencing ____security lighting _____property owner ’s presence ____contract security service K other (specify) ca/x^no^______ DOCK INFORMATION 11.List Dock Use Area Specifications: Width of shoreline: SQOQ’* ft. Length of main dock from shore: 70 _____ft. Dock setbacks from side property lines at shore: SVO ft. and __ft. Page 2 of 4 11 ir-A? ■ FT ,v—. i. t •.* 12.Dock Construction (check applicable items): ___j/ season^ dock (relocated or replaced each year) . permanent piling with seasonal deck " permanent piling and decking ^ wooden decking metal decking 13.List Dock Accessories: Number of fire extinguishers available at the dock Number of life preservers available at the dock __ . • 14. List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips 10 Permanent moorage slips O 15. _ Transient (day use) off-shore buoys O _ Permanent moorage off-shore buoys O Dry storage (ruck) slips O______ Maximum number of boats at the dock ___(0 List nuinber of off-street parking spaces available for users of the joint use dock. Parking, if prov-ided must not be separated from the dock by any public road. Q spaces. T •RQSIQN AND SEDIMENTATION CONTROL 16.Shoreline is protected by (check applicable items): stone rip rap wood seawall metal seawall concrete seawall t^grass and vegetation only other (specify) 17. Depth of water at shoreline: G ft; at 50 ft. out: ^ : at 100 ft. out: REQUIRED ATTACHMENTS The following must accompany this application: A. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions arc intended, these also should be shown on the plan. B. UNINCORPORATED GROUPS OR ASSOCIATIONS 1. A list of the names and mailing addresses of all members and/or slip users. 2.A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated wider the same by-laws or agreement originally made in_______(state year) and on file with the City." Applicanfs initials Page 3 of 4 C. INCORPORATED CLUBS OR ASSOCIATIONS 1. 2. A list of the names, mailing addresses and titles of all corporation officers. Jt( A statement as to the total number of members in the club or association. ____members 3.A certified copy of the articles of incorporation and by-laws of the corporation. Note; These copies are not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in ________(state year) and on file with the City." ______________Applicant's initials D. ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE ($50.00) RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy._____slips @ 2.00 each S $20.00 Z t; / ... LATE FEE ($25.00) if application returned after 3/1/00 $ $ TOTAL DUE THIS APPLICATION LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. The City shall not accent renewal license applications received after March 1 unless the application is accompanied bv a late fee of $25.00. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and. in the case of new or unusual applications, also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City- Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed AlJU ^Date Page 4 of 4 i '’llfrrr«%r in, rt ^ • FRCn *: LMCD FAX NO. : 745S085 nar. 28 2000 08:50AM P2 No. 2000-6 Fee: S155.00 14WSU Units 10 BSU Units MULTIPLE DOCK AND MOORING AREA LICENSE LAKE MINNETONKA CONSERVATION DISTRICT County of Hennepin, State of Minnesota ss. WHEREAS, Big Island Veterans Camp, c/o M.F. Flannigan, 20560 Summerville Rd., Excelsior, MN 55331 has paid the sura of S155.00 DOLLARS to the Treasurer of said LAKE MINNETONKA CONSERVATION DISTRICT as required by the Ordinances of said District and complied with all the requirements of said Ordinances necessary for obtaining this License: NOW, THEREFORE, By order of the Board of Directors of said District and by virtue hereof, the said Big Island Veterans Camp is hereby licensed and authorized to operate a multiple dock subject to existing and future density policies and regulations adopted by the District’s Board of Directors, Per Site Plan 4/29/99: subject to moving slip 9 to the other side of dock #1. for the period of the 2000 Dock Season and ending December 31, 2000 subject to all the 'conditions and provisions of said Ordinances. Violations of the provisions of the District’s Code of Ordinances are pumshable by imprisonment for not more than 90 days or imposition of a fine of not more than $700. or both. Given under my hand and the corporate seal of the LAKE MINNETONKA CONSERVATION DISTRICT this f day of '^A.D. 2000. Attest: ZL/V/j. fe^cuti^E^ctor, Gr^ory S. Nybeck 1 BOARD OF GOVERNORS and VOLUNTEERS BIG ISLAND VETERANS CAMP VI w Dill Aiidcrsoii Cluliiluan 3877 Park Ijiiic Spring Park Mn 55384 47I-7I9J 472-1292 ^MOI»A“ .1,iJcfrV / Si BchdeJ r • v^::*fMembcr 25JORoseAvc G. V \' M^lewood / •Mn.55119'^ 615.733-8219X • ’«1 5>290-0624.v VIW C lini iluchcr Volunteer 5490 ManiUHi l^ic lixcelsior Mn 55331 474-94 l?i At . LoWcll. N* Day - •** Advlior ■25 Pleasant Ave Tonka Ba)f ’ ^ ‘‘ Mn 55331 474.729S DAV Crnig 'N^Hshcr Member 11406 Keating Burnsville Mn 55337 890-5124 VFW - ,1** Micliad Vlannlgon .* ' '»Secrttary 20560 Summerville Rd Detphaven Mn 55331 474-3513-^. ’J...-^§04,^7«J« U-• Al.Dcmarcl "^l.illiii McmlKT IVO. Dox9l 1 klano Mil 55328 972-2497 AL' ,. •'/George . Uincr ;Treasurer 605 Alvarado l^inc N PI>Tnouib Mn .55447 475-3769. .. ’.•v- loin Uobb Camp Mer 5010 Miuiilou Road Hxcelsior Mn 55331 474-4952 SOIO Manitmi Road »^ ‘‘ HxccIslor .; V.Mn 55331 'V 474^93^-;:^,^S'C'5;^‘;f^V^i' IMV Hank '^•Sadler Member Route 1 Box 432 Mmlison IJc Mn 56063 507-93l-933l i V.--; ■iiVjom VS^Hohiiibiuef • Voluniw 4l?0Webslcr Ave. S SlUuisini-Md 55416 V922,707tfr riiil ScIiknIci Volnniccr 7470 Island l>i Him Spiiiig Park Mil 55381 47I-7<«IH 14 • ft RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO WALTER ’S PORT >L\INTENANCE & IMPROVEMENT ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2000 TO DECEMBER 31,2000 WHEREAS, the City of Orono. hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462. et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waiters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules i ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters aj.d on the land within the City which, if unregulated, may be detrimental to the public health. safet> and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. 1 his right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no e.xclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a w ay as to ensure there is no abuse of the limited riparian rights; and Page 1 of2 WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the StafFto issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 10th day of April, 2000. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 10th day of April, 2000 by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notar>’ Public Page 2 of 2 * • t CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Walter's Port Maintenance & Improvement Association Dock Address: 2699/2701 Kelly Avenue 1 Agent: TedStorlie Address: 2701 Kelly Avenue, Excelsior, MN 55331 Licensee is: XX unincorporated homeowner's group ___ incorporated homeowner's association ___ unincorporated club or recreation group ___ incorporated club or recreation group other J f. 1 License Period - January 1 ,2000 to December 31 ,2000 II. BOAT DENSITY i The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Carman Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Exhibit A Resolution No. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1.Variances granted for 2000: a) West property line (extension of west line of Lot 2, Block 2, Walter’s Port) - 10' required, zero setback proposed b) Southeast property line (extension of southeast line of Outlot 2, Walter's Port) - I O' required, zero setback proposed 2.The five slips are approved for use by the following properties located in the plat of Walter’s Port: Slip 1 - Lot 2, Block 2 Slip 2 - Lot 2, Block 2 Slip 3 - Lot 1, Block 2 Slip 4- Lot 1, Block 1 Slip 5 - Lot 5, Block 3 (part of Lot I, Carman Bay Heights) 3. 4. City must be notified immediately of any change in use or configuration of the dock. .MI boats permanently moored at this joint use dock must be registered to the applicant property owners. 5.Lot 5, Block 3 (part of Lot 1. Carman Bay Heights) is allowed four boats maximum (1 of lagoon, 3 at outer lakeshore). V.Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulator>’ authorities shall deem necessary from time to time in the public interest. I *•* a EyHrt\T~f« c 9 * #•• - • *. • * • ••; u NCtC=jL;T»^T VAC>oeiO CooTx^TiS t-KMooT R»# kitf% 0> 0(0) }») u ' * > I • • L CITY OF ORONO P.O. Box 66 Crystal Bay, Mo 55323 612-249-4600 LICENSE YEAR 2000 ANNUAL JOI^: USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff ■Tflniiarv 31. 2000 Date Application Returned to City Fee Received $By Employee Section 5.42, Subdivision 2. LICENSE REQUIRED - "It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in ... joint use (of any lakeshore property) without first having obtained a license therefor from the City." Please complete all items and submit signed application, required attachments, and license application fee to the City Clerk by March 1 of the license year. ASSOCIATION INFORMATION 1. 2. 3. Association title or name (if any) Lake M ___ pjjToxs y M. Bay Person responsible for this application: •X 11 PhoneName {-Cr.m- nf! Mailing Address ]^ ^ (! it JL Relationship to association ^ — ------------------------------------ Association is (check applicable items): unincorporated homeowner ’s group. ___unincorporated club or recreation group. 4. incorporated Homeowmer's Association.incorporated club or recreation group. 5.Principal purpose of joint use dock is (check applicable items): provide boat mooring and lake access for residential property, provide swimming access, beach, or offshore dock, provide a club or association gathering place for activities. Page 1 of 4 ^ • . « 6. 8. 9. 10. Dock is located on (check applicable item): one member’s private property. ___ property leased by the group/association. easement or outlot owned in common. property owned by the group/association. 7. List Dock location and ownership information: Names/addresses of abutting lakeshore property owners]^ (NorthAVesrt C ^ (}^cJCLtxJ(South/EasO Names/addresses of other affected pro ers (attach sheet if necessary): Insurance Coverage - The jointly used dock is insured by one of the following: property owner’s homeowner's policy.__separate group/association owned policy. List the following information: • • Name of insured Name of insurance carrier Name of insurance agency Policy No.____________Effective'date of coverage Amount of coverage: Public liability, per person, per occurrence $. ‘ , Public liability, per occurrence $ Security and policing of the jointly used dock and property is provided by (check applicable items): . V" ____fencing X security lighting property owner's presence ____contract security service _____other (specify)_________________________ DOCK INFORMATION 11 . List Dock Use Area Specifications: Width of shoreline: _________ ft. Length of main dock from shore: Dock setbacks from side property lines at shore: • - • • ’ ' ft. and ft. ft. Page 2 of 4 1 . I i 12. Dock Construction (check applicable items): 13. 14. y' seasonal dock (relocated or replaced eacl^ar) permanent piling with seasonal deck permanent piling and decking wooden decking metal decking List Dock Accessories: Number of fire extinguishers available at the dock ^ . Number of life preservers available at the dock List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips ^ Transient (day use) off-shore buoys _ Permanent moorage slips ^ Permanent moorage off-shore buoys Dry storage (rack) slips___________ Maximum number of boats at the dock 15. List number of off-street parking spaces available for users of the joint ^i^^doj^. Parking, if provided must not be separated from the dock by any public road.7 spaces. EROSION AND SEDIMENTATION CONTROL 16. Shoreline is protected by (check applicable items): ^ stone rip rap ___wood seawall metal seawall concrete seawall grass and vegetation only ____other (specify)____________________ ine: ft; at 50 ft. out: at 100 ft, out:17. Depth of water at shoreline; REQUIRED ATTACHMENTS The following must accompany this application: A. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. B. UNINCORPORATED GROUPS OR ASSOCIATIONS 1. 2. A list of the names and mailing addresses of all members and'or slip users. A certified copy of the by-laws or agreement for joint use. Note; This copy is not required if the applicant initials and certifies the following statement: " This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made In (suite year) and on file with the City." _______________Applicant’s initials Page 3 of 4 • *. A f C. INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. 2. A statement as to the total number of members in the club or association. ____members 3. A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not required if the applicant initiak and certifies the following statement: This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in _______(state year) and on file with the City." ________________Applicant’s initials D. ANNUAL LICENSE FEE - ALL APPLICATIONS A Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE ($50.00) $__________________ RENEWAL JOINT USE FEE, per year $___ PLUS SLIP FEE for each pejjnanent moorage slip, lift, dry stack, or buoy, y slips @ 2.00 each $ __ LATE FEE ($25.00) if application returned after 3/1/00 $ ___ 20.00 /O.tSD TOTAL DUE TfflS APPLICATION 50*oo LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 ofthe license year. The Citv shall not accept renewal license applications received after March 1 unless the .application is accompanied bv a late fee of $25.00. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 ofthe Orono Municipal Code, the applicant hereby requests the Orono Cit>’ Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform saf^ and^coji^coq^pliance inspections. Signed / Date Page 4 of 4 __"..A' hAs /G/ 3 I• • ~z4 f <> __'iJJ:3.?JJL wm ^ 2. 7c// /^-g-______ 0t/f^ 2.710 7^n ^U. C ^yyG/T^fr^ /^ C^ A'A^C7'“^ 2^70u lA'/y/J^ . ... y7/ -i7 ?</<;. RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO VICTORIA ESTATES HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2000 TO DECEMBER 31,2000 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City' of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian ow’ner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and Page 1 of2 i WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. of April. 2000. Adopted by the City Council of the City of Orono at their meeting on the lOth day Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF 1 lENNEPlN ) The foregoing instrument was acknowledged before me on this 10th day of April, 2000 by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of 2 CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I.LICENSEE: Victoria Estates Homeowners Association Dock Address: 540 North Arm Drive • A Agent: Susan Wanner Address: 460 North Arm Drive, Mound, MN 55364 Licensee is:__ unincorporated homeowner’s group X incorporated homeowner's association ___ unincorporated club or recreation group __ incorporated club or recreation group other _________ License Period-January 1,2000 to December 31,2000 II.BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year ’s license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts North Arm Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY 6 6 Exhibit A Resolution No. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and or prosecution by the City. 1.Si.\ slips are approved for Victoria Estates Homeowners Association for 2000 subject to the stipulations set forth in Resolution #962 dated December 18, 1978. 2.All boats permanently moored at this Joint Use Dock must be registered to the applicant property owners. V.Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. I t "Outlet B r «» %o p -;* • • *■ t ^% • BOAT DOCK LOCATION » • I I • I r » ? APR 13 1979 • NO SCALE Plat of Victoria Estates i \y ' K/%•P >» ^ o I? 3 C D. t z '• % • CITY OF ORONO P.O. Box 66 Crystal Bay, Mn 55323 612-249>4600 FEB i 4 ?.000 C\T>f or OrtOiNO LICENSE YEAR 2000 ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff January 31.2000 Date Application Returned to City Fee Received $By Employee Section 5.42, Subdmsion 2. LICENSE REQUIRED - "It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in ...Joint use (of any lakeshore property) without first having obtained a license therefor from the City." Please complete all items and submit signed application, required attachments, and license application fee to the City Clerk by March 1 of the license year. ASSOCIATION INFORMATION 1. 2. 3. 4. 5. Associ^on title or name (if any) V\c- -yV! ^(h / JAQJrc/^- SSOC. Ukt/7l',n/lp4)r\ Bay A/rJh Person responsible for this aimcation: Name Js? CK 0 0 Phone Mailing Address/ Q JOaVp Relationship to association jPf^jQ_________ Association is (check applicable items): ___unincorporated homeowner's group. \ >^^ncorporated Homeowner's Association. unincorporated club or recreation group, incorporated club or recreation group. Principal purpose of joint use dock is (check applicable items): provide boat mooring and lake access for residential property. ____provide swimming access, be or offshore dock. ____ provide a club or association gathering place for activities. Page 1 of 4 6. 7. 8. 9. 10. Dock is located on (check applicable item): ___one member's private property. \y easement or outlet owned in common. property leased by the group/association, property owned by the group/association. List Dock location and ownership information: Street address <Z\() f\/ f)rAf<e /YlpJ/lcj PID# on jKf) S -r.^n l^iL. / / 1 —7 rNo^thAVestl^c'^,A [I In nAM !1/ 74r^-\f)r. (South/Eastl ''YO ---------S(jiA.' Pf^€)r. Names/addresses of other affected property owners (attach sheet if necessary): Xpo rTA i Insurance Coverage - The jointly used dock is insured by one of the following: __propern- owner ’s homeowner ’s policy. \^^eparate group/association owned policy. List the following information: Name of insured / | t. y FQ ^^//] 1 f / ^/Ccf)r\ Name of insurance carrier r, ^S r e agen^ A (7^ h\'H./V /J^\ ( L J Policy No.-p^ < / T ? nX -Elfective date oTcovei^ge ^_________ Name of insurance Amount of coverage: Public liability, per person, per occurrence $ j nni) , Public liability, per occurrence „ Security and policing of the jointly used dock and property is provided by (check applicable items): ____ fencing ____security lighting ___Y- property owner ’s presence contract security service other (specify) DOCK INFORMATION 11. Dock setbacks from side property lines at shore: IT (Tl) List Dock Use Area Specificatm^/^ . Width of shoreline: I (p 6^ Length of main dock from shore: 7-^ ^ ft. ft. and Page 2 of 4 12. Dock Construction (check applicable items): seasonal dock (relocated or replaced each Year) Y perm^ent piling and deckingpermanent piling with seasonal deck _ wooden decking ____metal decking 13. • • • List Dock Accessories: Number of fire extinguishers available at the dock Number of life preservers available at the dock__f) 14.List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips _____ Transient (day use) off-shore buoys_____ Permanent moorage slips (p Permanent moorage off-shore buoys____ Dry storage (rack) slips___________ Maximum number of boats at the dock_^ .: 15.List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. ^ spaces. F.ROSION AND SEDIMENTATION CONTROL 16.Shoreline is protected by (check applicable items): ___stone rip rap ____wood seawall ____metal seawall concrete seawall grass and vegetation only other (specify) 17.Depth of water at shoreline : ?- ft; at 50 ft. out: ^f'~ ^ ; at 100 ft. out: REQUIRED ATTACHMENTS The following must accompany this application: A. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. B.UNINCORPORATED GROUPS OR ASSOCIATIONS 1 . A list of the names and mailing addresses of all members and/or slip users. 2.A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made in _______(state year) and on file with the City." Af^licanfs initials Page 3 of 4 c. INCORPORATED CLUBS OR ASSOCIATIONS 1. 2. A list of the names, mailing addresses and titles of all corporation officers. A statement as to the total number of members in the club or association. I n members n J.A certified copy of the articles of incorporation and by-laws of the corporation. Note; These copies are not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in________(state year) and on file with the City." ______________Applicant's initials D. ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE ($50.00) RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy. 6 slips @ 2.00 each LATE FEE ($25.00) if application returned after 3/1/00 $ $20.00 $ $ / a ro TOTAL DUE THIS APPLICATION s 75.ft l.ATE FEE - Renewals Application for renewal of licenses shall be made no later than March I of the license year. The Ci^ shall not accent renewal license applications received after March 1 unless the applicatipn is accompanied bv a late fee of $25.00. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marina Committee, The Council will pass upon the application after complete review-. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City' of Orono and the City’s employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed . ^ d i ^0 ;V>V \Date " 0 d Page 4 of 4 1 L. ce.JohndirL < c^/l /!/ /9"/'rr\ Vr iff'- ■ S(t I lOriv<.10- r,o'!;'’\o-<6v Sh6 /I/-^;-\ m^jxt ■^-•''' 44)0 /!/. /9/— 000dl , ^''>' Wcuintr' YOri'i/^^ j<Or('Vt? ZO-a^ S^O ■ '/1 <r\-Pe| plojrJ //iV P\ r /V-<^ . 0^',C5^ri; r [/Tc^ f ■- h SToJ^<7 )l^rMa^ J oHn s<5)^ fr<ea^r \JJck/\(^JK. piftchr fha.1^ C (/;« RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO SANDY BEACH PLACE SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2000 TO DECEMBER 31,2000 AND RETROACTIVELY FOR THE PERIOD OF JANUARY 1,1999 TO DECEMBER 31,1999 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the eommercial marina owuers to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by proteeting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the publie generally is to construet one doek to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but tiie right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no e.xclusive privileges to these rights; and Page 1 of2 WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 10th day of April, 2000. Gabriel Jabbour, Mayor ATTEST; Linda S. Vee, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 10th day of April, 2000 by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instniment was executed on behalf of the City. Notary Public Page 2 of 2 CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Sandy Beach Place Dock Address: 3995 North Shore Drive Agent: H. Richard Zuckman Address: 1819 Dupont Avenue South, Minneapolis, MN 55403 License Period - January 1,1999 to December 31,2000 II. BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shovm on the attached plan. Exhibit B , and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY West Arm See Item IV-4. r Exhibit A Resolution No.. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1. The five approved slips are for the exclusive use of the residents/renters of Sandy Beach Shores. 2. City may require written approval from abutting and affected property owners for each annual license review. 3. During the current license period, the City reserves the right to require a reduction in the number of license slips commensurate with any reductions of habitable dwelling units which may occur during the license year. 4. Because one cabin was demolished in 1 991, leaving six rental units, the number of slips licensed for 1993 was commensurately reduced. The fire and subsequent demolition of an additional cabin in early 1994 left 5 rental units on the site, resulting in the reduction to 5 licensed slips for 1994 and future years. V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. M w&rie • ' ..... • • • • •1 .. • ., . .. ·--· ,c -• j •. · •.. ,_, . • • ♦'I • • • • • I ' • •• . .. '' . •• • •• i • • • • ... ,,, . . • • • • • • • . I I I ( r I I I ' . ., I \ . \ . \ \· t l \ ' 1 ' t l I . ' • I •• I • .. l I I I I I 1 1 I I ' I I I I I .I I I I I I I ' I \ I . l I I I t I I I .. I I I ' . I l 1 I I I • . . . . I .• . . '✓ ~ ~-,,,, • • • • . '\ ';;r' ~ . • . . . . PROPOSED . DocJ<. Pl~N • . . . . . . • 1 ~~~--S st..<f~ l~q1-::5~t°S lqq(,-~ suP.s }'l9S-.? surs ~\0~ .. I . . \ \ =-t I • ' I \ . 1 1 . .. . I . . I. I ' I I I 1 t t I I • I r I l I ( I •• /181 -7 ·:surS · /'j'/0 -t .sL-tf"S /'iCJl -7 suf'S f 'Jq2-/ sufS 1qci3 -.l.t,_ s L-\t~ JC\'\ '-I -~-. s uf · · . · SCAL~ CITY OF ORONO P.O. Box 66 Crystal Bay, Mn 55323 612-249-4600 FEB 0 9 9m Gll f Or wViOiVO LICENSE YEAR 2000 annual joint IrSF. POCK LICENSE APPf Jr ATmv Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff January 31. 20nn Date Application Returned to City Fee Received $By Employee association inform ATrnv 4. 5. Association title or name (if any) Lake Bay Ula5>-V Person responsible for this application: Name|t.<^.cW^ Phone MailingAddress l&l^ ^.,...4^. Vhniv *VM0 Relationship to association (^%jJ Association is (check applicable items): — I unincorporated homeowner's group. ----- incorporated Homeowner ’s Association. SS40 Pnncipal purpose of joint use dock is (check applicable items): provide boat mooring and lake access for residential property. ------provide swimming access, beach, or offshore dock. ------provide a club or association gathering place for activities. unincorporated club or recreation group, incorporated club or recreation group. Page 1 of 4 6. 7. 8. Dock is located on (check applicable item): one member's private property. easement or outlot owned in common. property leased by the group/association, property owned by the group/association. List Dock location and ownership information: Street address 0^15 ^ ^ ^ Legal property description _____________ PIP# 2*2. Listed property owner(s) Names/addresses of abutting lakeshore property owners: CNorth/West)________________________________ f South/East) Names/addresses of other affected property owners (attach sheet if necessary): 9. Insurance Coverage - The jointly used dock is insured by one of the following: A property owner's homeowner's policy. __separate group/association owned policy. List the following information: Name of insured ^W\ Name of insur<ince carrier Name of insurance agency Effective dPolicy No. CfP^fr^T Amount of coverage: Public liability, per person, per occurrence $__h Public liability, per occurrence $ f,000,0£'^ ate of coverage 2. / / QQ L ner occurrence's COO 10. Security and policing of the jointly used dock an ^ piu. provided by (check applicable items): ^ X. security lighting ____ property owner's presencetencmu W contract security service other (specify) DOCK INFORMATION 11. List Dock Use Area Specifications: ^ Width of shoreline: ft. Length of main dock from shore: _»!____ft. 20 ft. and 40 'Dock setbacks from side property lines at shore:ft. Page 2 of 4 i . • • 12. 13. 14. Dock Construction (check applicable items): seasonal dock (relocated or replaced each year) ____permanent piling with seasond deck _____permanent piling and decking ____ wooden decking ____metal decking • • t List Dock Accessories: Number of fire extinguishers available at the dock / Number of life preservers available at the dock 0 |V List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips _____ Transient (day use) off-shore buoys _____ Permanent moorage slips ^ Permanent moorage off-shore buoys ___ Dry storage (rack) slips___________ Maximum number of boats at the dock 15. List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated ^m the dock by any public road. Ifl/ spaces. EROSION AND SEDIMENTATION CONTROL 16.Shoreline is protected by (check applicable items): ___ stone rip rap ___ wood seawall ___ metal seawall concrete seawall grass and vegetation only other (specify)C'Sv\4 17. Depth of water at shoreline: ^ ft; at 50 ft. out: *1 : at 100 ft. out: REQUIRED ATTACHMENTS The following must accompany this application: A. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. B. UNINCORPORATED GROUPS OR ASSOCIATIONS 1. 2. A list of the names and mailing addresses of all members and/or slip users. A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and certifies the following statement: HThis is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made in _______(state year) and on file with the City." _______________Applicanfs initials Page 3 of 4 c. D. INCORPORATED CLUBS OR ASSOCIATIONS 1 . A list of the names, mailing addresses and titles of all corporation officers. 2. A statement as to the total number of members in the club or association. ____ members 3. A certified copy of the articles of incorporation and by-laws of the corporation. Note; These copies are not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in ________(state year) and on file with the City." _______________Applicant's initials ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE ($50.00) RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy. ^ slips @ 2.00 each LATE FEE ($25.00) if application returned aftt- 3/1/00 S S S S 20.00 2>0^d(!TOTAL DUE THIS APPLICATION . Application for renewal of licei^s shall be iiiadu licTIater^an March 1 of the license year. TheCitv' shall not accent renewal license applications received after March 1 unless the application is accompanied bv a late fee of $25.00. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City ’s employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Date ^ ^ RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO MINNETONKA POWER SQUADRON SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2000 TO DECEMBER 31,2000 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owmer to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and Page 1 of2 WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 10th day of April, 2000. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 10th day of April, 2000 by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of 2 CITY OF ORONO EXHIBIT A RESOLUTION NO. rONniTIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Minnetonka Power Squadron Dock Address: Big Island, Record Lot #5 (510 Big Island) Agent: Lee Fischbach, Treasurer Address: 2315 Huntington Pt. Road E.. Minnetonka Beach, MN 55361 Licensee is:unincorporated homeowner's group incorporated homeowner ’s association unincorporated club or recreation group X incorporated club or recreation group other License Period - January 1,2000 to December 31,2000 II. BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibits B and C, and in accordance with Resolution 938. in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year ’s license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Lower Lake 45 45 • • • • Exhibit A Resolution No., Page 2 Exceeding this maximum boat density, or exceeding the number of permined slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibits B and C.. .Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. Compliance with conditions of CUP Resolution No. 3416. V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory* authorities shall deem necessary from time to time in the public interest. •** m mfl.- • EXHlBl'i' resolution. H • - _ ^ 1 f Mt t »»« I >*»* 1 TJ *Tr: •\ *i,JO,Clf A I * ^ ,..••-•• lo'orJ u,ttf •n: V . . • •\ 0 • * •* • •• ' • • ’ .*U# •• •#•••.;.'.r:. •.>.? *. ^ • • . Tt.. • '• .05 icM •5n f ;i • • • '- h • j • ^5v • • *1 t •i///»y .• •I V • • • • • • •«•O *- . . • •• 1 •• • • I; / r • ^• • • JCVST SUW • '. U<ei- . ' ✓.'' .1..^ ...f iPr X ; .*»\ • • • • • A # •••I ^ * * • •• • ^ !._ • • ^ O / ' C^ei’&KC ^T&■•-‘1 • ’•••f sez«''S<A- c) */5 ’’ ••••*•11 W* •o\!• X - «\ V•iV. .>'"/o* -cc o I? • v' \ •X)Si W• • • • • I • • . •. ?•♦&»** 1 ;nt» • •1^0'lu rv'* -»vy^^' • • * »V/>/(j .-y • ••tu. I I >/s I pM<#BHwa>niiairt -. -a^jtsTMJ ti^tio 1969 GE-0. HICKEY. AUDIWK CNNEfitK I •• '• •• • •.•*:<•/• fl •• • V'v^r*\^1 rfctns pAYAoue in «r^.’;V ON WITHIN DESCnlnep- • pnoPEnrv AnK PAID . “ “-•* - • • • TjISrESED SUKVEU ^comm. Kuassorx • • • . • If • •• • I'a# TnRAS. *'I I I ff i.-- L/I y o. #• —^ 'TazTf'.V, -.V if«4/ 4 • • • • ••\ i-aV..\0' ,!"•I 1 **** I r-»2 oo‘. ................ IjUVrirrTM ^ *1 * /if/ M • • •• .%••»- I 2 01- /(VfMER ""' Hire nil- 3?"li /-/ »C I P'jt :7231'V «•// sh*r«tin*.- V. itrn9 •hkta power • STREATER COVE FAC-X^^ • J )t)CgAJTlO^c^ ipei^TlCO'L. 1« S 100'• • • • HiOU" 9 <P CITY OF ORONO P.O. Box 66 Crystal Bay, Mn 55323 612-249-4600 LICENSE YEAR 2000 ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Taniiarv 31. 2000Date Form Sent by City Staff____ Date Application Returned to City ^ j Fee Received $By Employee Section 5.42, Subdivision 2. LICENSE REQUIRED - "It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in ...joint use (of any lakeshore property) without first having obtained a license therefor from the City." Please complete all items and submit signed application, required attachments, and license application fee to the City Clerk by March 1 of the license year. association information 1. 2. 3. Association title or name (if any) hjt Lake f^t ^________Bay____________________________ Person responsible for this application: Name Lp e. P/^ Phone (pfX. ^ f7 Mailing Address J^7/^ r-------- Relationship to association ^ •_______________________ 4. 5. Association is (check applicable items): ___ unincorporated homeoN\ner's group. ___ incorporated Homeowner’s Association. Principal purpose of joint use dock is (check applicable items): ____provide boat mooring and lake access for residential property. ____ provide swimming access, beach, or offshore dock. ^ provide a club or association gathering place for activities. Page 1 of 4 unincorporated club or recreation group. y incorporated club or recreation group. I L 6. 7. 8. 10. Dock is located on (check applicable item): ___one member’s private property.property leased by the group/association. easement or outlot owned in common. property owned by the group/association. List Dock location and ownership information: Street address Legal property description ^ PID# - // 7 ’ ^ 3 / ^ Listed property owner(s) ^ Names/addresses of abutting lakeshore property owners: fNorth/WesO _______________________________ (South/Eastl Names/addresses of other affected property owners (attach sheet if necessary): 9. Insurance Coverage - The jointly used dock is insured by one of the following: propert>' owner's homeowner's policy. ^ separate group/association owned policy, List the following information: Name of insured ^f ^ C'^ ^ ^ ^ Name of insmance carrier ----------- Name of insurance agency <l'£> >»t^-f ^- Policy No. n y V; ^ - ^^ffective date of coverage 7~ Amount of coverage: Public liability, per person, per occurrence S Public liability, per occurrence Security and policing of the Jointly used dock and property is provided by (check applicable items): ____ fencing ____ security lighting V property owner s presence ____ contract security service ____other (specify)_________________________ DOCK INFORMATION 11. List Dock Use Area Specifications: ^^6 Width of shoreline: ________.ft. Length of main dock from shore: _________ft. ft.Dock setbacks from side property lines at shore;ft. and Page 2 of 4 12. 13. 14. 15. Dock Construction (check applicable items): seasonal dock (relocated or replaced each year) ____permanent piling with seasonal deck _____permanent piling and decking ____wooden decking _____metal decking List Dock Accessories: , Number of fire e.xtinguishers available at the dock Uf n________________ Number of life preservers available at the dock P---------------------- List number of slips in each category ("slips ” includes boat lifts): Transient (day use only) slips Transient (day use) off-shore buoys ^ O • Permanent moorage slips * o ~ Permanent moorage off-shore buoys - 0 • Dry storage (rack) slips " 0 • Maximum number of boats at the dock ___ List number of off-street parkinr spaces available for users of the joint use dock. Parking, if provided must not be separaicu from the dock by any public road. — spaces. FROSION AND SEDIMENTATION CONTROL 16.Shoreline is protected by (check applicable items): stone rip rap ___wood seawall _____ metal seawall concrete seawall grass and vegetation only other (specify) 17. Depth of water at shoreline:ft; at 50 ft. out:1 at 100 ft. out: REQUIRED ATTACHMENTS^ The fo-lowing must accompany this application: A. nOCtC PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. B. UNINCORPORATED GROUPS OR ASSOCIATIONS 1. A of the names and mailing addresses of all members and/or slip users. 2.A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and certifies the following statement. This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made in _______(state year) and on file with the City. Applicants initials Pase 3 of 4 CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Big Island, Inc. Dock Address: Big Island, Record Lots #12 and 19 (520/530 Big Island) Agent: Brian Tichy (Treasurer) Address: 1471 Lake Lucy Road, Excelsior, MN 55331 Licensee is:unincorporated homeo^\^^er's group incorporated homeowner’s association unincorporated club or recreation group XX incorporated club or recreation group other License Period - January 1,2000 to December 31,2000 II.BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B and C, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Lower Lake Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY M 15 Per Resolution No. 3006, occasional overnight camping allowed. ed plan. Exhibit s, lifts, or buoys Exhibit A Resolution No. Page 2 Exceeding this maximum boat density, or e.xceeding the number of permitted slips, lifts or buoys is a violation of mis license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of me Orono Mumcipal Code. III. DOCK LAYOUT *^e dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance wim me ordinance of the City and/or the LMCD. The issuance of tWs license is subject to full compliance with these conditions. Failure to comply with these conditions IS cause for license revocation and/or prosecution by the City. 1. Licensee shall comply with alt requirements of City of Orono Resolution No. 3006. 2. The maximum allowed boat density^ per Resolution No. 3006 is 15 total slips. Any increase above this number of slips shall be subject to licensee first obtaining Conditional Use Permit approval from V. VI. the City. The number of slips licensed for the current license period is 14 Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as me City and omer competent regulatory authorities shall deem necessary from time to time in the public interest. STYROFOAM DOCK ADVISORY. Licensee is advised that me use of unprotected styrofoam as a dock flotation material has been banned per Ordinance No. 104, Second Series. Exhibit A Resolution No. Page 2 --- -• • • • Exceeding this maximum boat density or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecuf on for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. 111. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in his layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for 1·cense revocation and/or prosecution by the City. 1. Licensee shall comply with al requirements of ·City of Orono Resolu ion No. 3006. 2 . The maximum allowed boat density per Resolution o. 3006 is 15 total slips. Any increase above this number of slips sha be subject to license first obtaining Conditional Use Permit appro al from the C1 . The number of slip · lie nsed for the· curr nt license period is 14 . V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this r olution but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. V . STYRO OAM DOCK ADVISOR . Licensee is ad · d that the use of unprotected styrofoam as a dock flotation mat rial has been banned p r Ordinance No . I 04 ecoraj Series. •'*? r>o, T> ^ J M / N <1 c 0 “5vu, t jA Vg-< ii 5d-* .XA Kahf-Ayita Island Lovtr lake South City of Orono (ietoiMTboM 4 X o I I iffi .ovQ' g ! ea C9 Wi 0uw * 4J • •5 •H . C ‘ S • I wo /f A --VA »»r| /ff7' y^. /o )“ 0 tiz j 1 CTTYOFORONO P.O. Box 66 Crystal Bay, Mn 55323 612-249-4600 f-Eij t c LICENSE YEAR 2000 UIIYOrunO,VO ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff January 31.2000 Date Application Returned to City Fee Received $______________By Employee Section 5.42, Subdivision 2. LICENSE REQUIRED - "It is unlawful for any (gro p or association of persons or families, more than two in number, whether incorporated or ncr) to engage or participate in ...joint use (of any lakeshore property) widiout first having obtained a license therefor from the City." Please complete all items and submit signed application, required attachments, and license application fee to the City Clerk by March 1 of the license year. ASSOCIATION INFORMATION 1. 2. 3. 4. 5. Association title or name (if any) ^ ♦ Lake //? _________Bav Person responsible for this application: Name VcHY Phone ^7H Mailing Addr**j /V7/ /^o Aq :SS3S/ Relationship to association TTSs/k^cMC/l/C unincorporated club or recreation group. Association is (check applicable items): ___unincorporated homeowner's group. ___ ___ incorporated Homeowner's Association. _P^nncorporated club or recreation group. Principal purpose of joint use dock is (check applicable items): ____provide boat mooring and lake access for residential property. _____ provide swimming access, beach, or offshore dock. ___fe'f^ovide a club or association gathering place for activities. Page 1 of 4 8. 9. 10. f ated on (check applicable item): member's private property, asement or outlot owned in common. _ property leased by the group/association, •^property owned by the group/association. 4 Dock location and ownership information: Jtreeladdress /c?5 /S'*- H ,/7?/0 Legal property description /4 PID# Listed property owner(s) fc,'. /jry ^ Names/addresses of abutting lakeshore property owners: forth/Westl (South/Easrt /sf/a property owners (attach sheet if necessary):Names/addresses of other affected n/a Insurance Coverage - The j^inUy used dock is insured by Are of UiTMowmg: _ property otynefs homeowner ’s policy, ^separate group/association owned policy. List the following information: Name of insured 'S/o- Name of insurance agency . T. 0 icy 0^ ——^ ______ Effective date of coverage 6 Tta o Amount of coverage: Public liability, per person, per occurrencew X- Public liability, per occurrence S 4 ~ hems”:^ policing of the jointly used dock and property is provided by (check applicable ■------ fencing-------security lighting property nwnfr'5 presence ------- contract secunty service ^ othWeify) DOCK INFORMATrnv 11.u-i Specifications: ATT/^ \Vid^ of shoreline: ________ft. Length ofmain dock from shore: Dock setbacks from side property lines at shore:ft. and ft. ft. Page 2 of 4 CITY OF ORONO P.O. Box 66 Ciystal Bay, Mn 55323 612-249-4600 «■: -• /. LICENSE YEAR 2000 * J i' ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff January 31.2000 Date Application Returned to City Fee Received $By Employee Section 5.42, Subdivision 2. LICENSE REQUIRED - "It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in ... joint use (of any lakeshore property) without first having obtained a license therefor firom the City." Please complete all items and submit signed application, required attachments, and license applicai.'m fee to the City Clerk by March 1 of the license year. ASSOCIATION INFORMATION 1. 2. Association title or name (if any) . Lake _________bay Person responsible for this application: Name phone Mailing Address / Relationship to association ___________________________________ 4.Association is (check applicable items): ___ unincorporated homeowner ’s group. __ ___ incorporated Homeowner's Association. ^ncorporated club or recreation group. unincorporated club or recreation group. D.Principal purpose of joint use dock is (check applicable items): ____ provide boat mooring and lake access for residential property. ____ provide swimming access, beach, or offshore dock. ti^rovide a club or association gathering place for activities. Page 1 of 4 12. 13. 14. Dock Construction (check applicable items): ^ seasonal dock (relocated or replaced each year) ____permanent piling with seasonal deck _____permanent piling and decking wooden decking metal decking List Dock Accessories: _ Number of fire extinguishers available at the dock / ri-7~ ^cxrk Number of life preservers available at the dock ______________ List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips Transient (day use) off-shore buoys ______ Permanent moorage slips__________ Permanent moorage off-shore buoys _____ Dry storage (rack) slips___________ Maximum number of boats at the dock /v' 15. List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. Ay yi" spaces. EROSION AND SEDIMENTATION CONTROL 16.Shoreline is protected by (check applicable items): stone rip rap wood seawall metal seawall concrete seawall grass and vegetation only x other (specify) Z/h^:^ 17. Depth of water at shoreline: f ft; at 50 ft. out:' ^ : at 100 ft. out: REQUIRED ATTACHMENTS The following must accompany this application: A. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. B. UNINCORPORATED GROUPS OR ASSOCIATIONS 1. 2. A list of the names and mailing addresses of all members and/or slip users. A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and certifies the following statement: "This is a renewal application and our Joint use dock is to be operated under the same by-laws or agreement originally made in _______(state year) and on file with the City." Applicant’s initials Page 3 of 4 c.INCORPORATED CLUBS OR ASSOCIATIONS^ f^/^T ^ 1. A list of the names, mailing addresses and titles of all corporation officers. 2.A statement as to the total number of members in the club or association. 3/ members 3.A certified copy of the articles of incorporation and by-laws of the corporation. Note; These copies are not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in o (state year) and on file with the City." ________Applicant's initials D. ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE ($50.00) RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy._____slips @ 2.00 each $ $20.00 LATE FEE ($25.00) if application returned after 3/1/00 $ $ TOTAL DUE THIS APPLICATION LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. The CllY shall not accent renewal license applications received after March 1 unless the application is accompanied bv a late fee of $25.00. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Conuiiissionand Marina Committee, The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the (Tity of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed /-5^Date Paet 4 of 4 12. Dock Construction (check applicable items): seasonal dock (relocated or replaced each year) _____permanent piling with seasonal deck _____permanent piling and decking wooden decking metal decking 13. List Dock Accessories: Number of fire extinguishers available at the dock / Number of life preservers available at the dock aJc.^-C______________ 14.List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips Transient (day use) off-shore buoys ______ Permanent moorage slips__________ Permanent moorage off-shore buoys _____ Dry storage (rack) slips ___________ Maximum number of boats at the dock /y ‘ 15. List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. A'/A spaces. EROSION AND SEDIMENTATION CONTROL 16. Shoreline is protected by (check applicable items): ____ stone rip rap ____wood seawall ____metal seawall concrete seawall grass and vegetation only x other (specify) /2.4/s 17. Depth of water at shoreline: f ft; at 50 ft. out: 5 ; at 100 ft. out: J^ REQUIRED ATTACHMENTS The following must accompany this application: A. DOCK PLAN - ALL APPLICATIONS A dock plan, dravvTi to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. B.UNINCORPORATED GROUPS OR ASSOCIATIONS 1. 2. A list of the names and mailing addresses of all members and/or slip users. A certified copy of the by-laws or agreement for Joint use. Note: This copy is not required if the applicant initials and certifies the foliowing statement: "This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made in _______(state year) and on file with the City." Applicanfs initials Page 3 of 4 • • • • • • • • h • * • .• • • .0 • •.1 00 0 • 0... ••••• • • * . • • ••••*• « * . 0 *,•••• 0 • - *x *,.’**• • • 00 . »•»•••••• 000 * .* «0 0a «*0 ••• %*0^*0* 00 •' • •• 0.0. •00f»0*0.V0 0z. •• ; • .m:'.-■srASiA-rV.-V - 0 • . . • 0 0 •• *. '. •. •: ;-0 0 0 » . *. 0 • «0 0 0 0. .•*•««••••• .. .• * «0 0 • • 0 • »0 0 0 «*0 «0 m RSSOLUTIC.N’ S3006 EXHIBIT A Rearrangement of la- ’ said Rearrangement of Lot 1, Kitchel’s Subdivision, ,^*KitchJi' s' Subdivision of ,3, 14 and ’ ^ouVshlp 117, Range 23,Government Lots 5 and 6, secw-on Hennepin County, Minnesota. . Lots 2, 3, 4, S and that \°llV c‘«Mr'’oi'Lo“T®to^the a line running from 1 q/ said Lot 1, all i*n midpoint of ^5*-o>°r Kitc'h^i^s Sili'divisicr. in Covernoent Lots 5 Rearrangement of i-cw ^ a-ccrding to the recoroec plat tStreof"on flie'aAd cl record*in the office of the County Recorder, Hennepin County, Minnesota. 0' •*■* .0 0* Ull nffltt ell A lliki I I I EXBiBrr B ALL CORPORATION OOTCERS NAMES, MAILING ADDRESSES AND TITLES Lindo Bean, President, P.O. Box 188, Excelsior, MN 55331 - Jee Quinn, Vice President, P.O. Box 188, Excelsior, MN 55331 Brian Tichy, Treasurer, P.O. Box 188, Excelsior, MN 55331 Mark Scholle, Secretary, P.O. Box 188, Excelsior, MN 55331 L__ xXtrs*' \% o/o.V>^ 9'Z.i^- y !| . r? RECUVtiu JUM 31992 |_M.C.D. ->Cv ^ ui I I • • . < JC «c \yjc^ f 13./i,6 & B nrft for overnight storage • • • • •• « RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO THE OWNERS OF PROPERTY LOCATED AT 460 TONKAWA ROAD, 500 TONKAWA ROAD AND 550 TONKAWA ROAD SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2000 TO DECEMBER 31,2000 AND RETROACTIVELY FOR THE PERIOD OF JANUARY 1,1999 TO DECEMBER 31,1999 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and W'HEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with .ill other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. Page 1 of2 • • • • This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Miimetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the aimual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 10th day of April, 2000. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA ) ) ss. COU^ITY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 10th day of April, 2000 by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of2 • •• • CITY OF ORONO EXHIBIT A RESOLUTION NO. rONniTIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Property owners of460, 500 and 550 Tonkawa Road Dock Address: 500 Tonkawa Road Agent: c/o Donna Snyder Address: Tonkawa, Inc., Two Carlson Parkway, Suite 475, Plymouth, MN 55447 Licensee is:__ unincorporated homeowner's group __ incorporated homeowner's association __ unincorporated club or recreation group __ incorporated club or recreation group X other not applicable _____ License Period - January 1,1999 to December 31,2000 II. BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Stubbs Bay Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. • • • • Exhibit A Resolution No.. Page 2 III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. rV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. V. 1.The nine approved slips are for the exclusive private use of the property owners at 460 Tonkawa Road (Gage), 500 Tonkawa Road (Nelson) and 550 Tonkawa Road (Carlson). Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. ro osc a jp^i.AJo, 5tucB> C5Ay I • Long Lake, Mn 55.156 D-100 Dock 2" cedar deck ■plE (E I? n w f! JAN 2 3 200n I > EKLOF DOCKS 747 South Pine Waconia, Minnesota 55387 (612) 442 ‘2355 or 442-5020 = * • «• • CITY OF ORONO P.O. Box 66 Crystal Bay, Mn 55323 612-249-4600 LICENSE YEAR 2000 r ....'.0 ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff January 31.2000 Date Application Returned to City ^ Fee Received $ QrO By Employee Section 5.42, Subdivision 2. LICENSE REQUIRED - "It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in ...joint use (of any lakeshore property) without first having obtained a license therefor from the City." Please complete all items and submit signed application, required attachments, and license application fee to the City Clerk by March 1 of the license year. ASSOCIATION INFORMATION 1. 2. 3. Association title or name (if any) Carlson. Nelson and Gage Families Lake ____Minnetonka_____________Bay _____Stubbs_____________ Person responsible for this application; Name Donna D. Snyder_________Phone__612/404-5604 4. Mailing Address Tnnkawa. Tnc.. Two Carlson Parkwav. Suite 475. Plymouth. MN 55447 Relationship to association Rxecutlve vice President & General Manager________ Association is (check applicable items): NA Not applicable---- unincorporated homeowners group. __ incorporated Homeowner’s Association. unincorporated club or recreation group, incorporated club or recreation group. 5.Principal purpose of joint use dock is (check applicable items): X provide boat mooring and lake access for residential property. ____ provide swimming access, beach, or offshore dock. ____ provide a club or association gathering place for activities. Page 1 of 4 • • • • 6. 7. 8. Dock is located on (check applicable item): X one member's private property. easement or outlot owned in common. property leased by the group/association, property owned by the group/association. List Dock location and ownership information: Street address 500 Tonkawa Road Legal property description NW 1/4 - SW 1/4, Section 5, Township 117. Range 23 PID# _________________________________________________-— Listed property owner(s) Dr. Glen D. and Marilyn C. Nelson Names/addresses of abutting lakeshore property owners: fNorth/West)Mr . & Mrs. Edwin C. Gage. 460 Tonkawa Rd. . Long T.ake. MN—15356 rSouth/East) Mrs. Curtis L. Carlson. 550 Tonkawa Rd.« Long Lake, MN 55356 Names/addresses of other affected property owners (attach sheet if necessary): None 9. Insurance Coverage - The jointly used dock is insured by one of the following: property owner's homeowner ’s policy. ___separate group/association owned policy. List the following information: Name of insured nr. m<»n n. anH Martlyn r. NpiRnn Name of insurance carrier The American Insurance Co. Name of insurance agency Harris rfomeyer Co., Edina, MN 55424 Policy No. NZAI319205_________Effective date of coverage 6/31/9A Amount of coverage: Public liability, per person, per occurrence $______ Public liability, per occurrence $_____ 10. Security and policing of the jointly used dock and property is provided by (check applicable items): _____ fencing _X__ security lighting Ji__ property owner's presence contract security service other (specify) Note: Dr. Nelson's shoreline is 396'; the combined shoreline^ adding Mrs. Carlson's and Gage's is 1,242'. DOCK INFORMATION 11.List Dock Use Area Specifications: Width of shoreline: 296 ft. Length of main dock from shore: ft. andDock setbacks from side property lines at shore: ft. ft. Page 2 of 4 6. 7. Dock is located on (check applicable item): X one member's private property. easement or outlot owned in common. property leased by the group/association, property owned by the group/association. List Dock location and ownership information: Street address 500 Tonkawa Road __ Legal property description NW 1/4 - SW 1/4, Section 5, Township 117, Range 23 PID#_____________________________________________________________ Listed property owner(s) Dr. Glen D. and Marilyn C. Nelson ___________________ 8. Names/addresses of abutting lakeshore property owners: fNorth/WesOMr. & Mrs. Edwin C. Gayg. 460 Tonkawa Rd.. Lon g Lake. MM 55356 fSouth/EasO Mrs. Curtis L. Carlson. 550 Tonkawa Rd.« Long Lake, MN 55356 Names/addresses of other affected prcperty owners (attach sheet if necessary): _______________________None __________________________________________ 9. Insurance Coverage - The jointly used dock is insured by one of the following: ___property owner ’s homeowner ’s policy. ___separate group/association owned policy. 10. List the following information: Name of insured nr. C1«»n n. «nH Marilyn r. Nelsnn___________ Name of insurance carrier The American Insurance Co.___________ Name of insurance agency Harris Homeyer Co.. Edina, MH 55424 Policy No. NZA1319205________Effective date of coverage 6/31/94 Amount of coverage: Public liability, per person, per occurrence $_____ Public liability, per occurrence $_____ Security and policing of the jointly used dock and property is provided by (check i^)plicable items): ____fencing X security lighting X property owner's presence contract security service other (specify) Note: Dr. Nelson's shoreline Is 396'; the combined shoreline, adding Mrs. Carlson's and Gage's Is 1,242'. DOCK INFORMATION 11. List Dock Use Area Specifications: Width of shoreline: 296 ft- Length of main dock from shore: Dock setbacks from side property lines at shore: _________ft. and ft. ft. Page 2 of 4 12.Dock Construction (check applicable items): X seasonal dock (relocated or replaced each year) ____permanent piling with seasonal deck _____permanent piling and decking X wooden decking metal decking 13. 14. List Dock Accessories: Number of fire extinguishers available at the dock boats are equipped with extinguisher Number of life preservers available at the dock boats & storage shed contain adequate preservers List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips a Transient (day use) off-shore buoys Q Permanent moorage slips_____0 Permanent moorage off-shore buoys 0 Dry storage (rack) slips______o Maximum number of boats at the dock a 15.List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. _______spaces. FROSION AND SEDIMENTATION CONTROL 16.Shoreline is protected by (check applicable items): ___ stone rip rap ____wood seawall___metal seawall concrete seawall JC grass and vegetation only other (specify) 17. Depth of water at shoreline: 1/2 ft; at 50 ft. out: 6' ; at 100 ft. out: lal. REQUIRED ATTACHMENTS The following must accompany this application: A. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. B. UNINCORPORATED GROITP.S OR ASSOCIATIONS 1. 2. A list of the names and mmling addresses of all members and/or slip users. A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made in______(state year) and on file with the City." ^;)plicanfsirutials Page 3 of 4 r. C. INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. 2. A statement as to the total number of members in the club or association. ____members 3. A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in________(state year) and on file with the City." _______________Applicant’s initials D. ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE ($50.00) RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each pennanent moorage slip, lift, dry stack, or buoy. 8 slips @ 2.00 each LATE FEE ($25.00) if application returned after 3/1/00 TOTAL DUE THIS APPLICATION $ $ $ $ 20.00 16.00 36.00 I.ATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 ofthe license year. The City shall not accent renewal license applications received after March 1 unless the application i§ accompanied bv a late fee of $25.00. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marina Conunittee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON approval of the LICENSE BY THE CITY COLINCIL. Pursuant to Section 5.42 ofthe Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed ------^-----------------Date Page 4 of 4 12. Dock Construction (check applicable items): X seasonal dock (relocated or replaced each year) ____permanent piling with seasonal deck _____permanent piling and decking X wooden decking ____metal decking 13. List Dock Accessories: Number of fire extinguishers available at the dock boats are equipped with extinguisher Number of life preservers available at the dock boats & storage shed contain adequate preservers 14. List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips 8 Transient (day use) off-shore buoys o Permanent moorage slips _____0 Permanent moorage off-shore buoys o Dry storage (rack) slips ______0 Maximum number of boats at the dock a 15. List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated fi-om the dock by any public road. _______spaces. EROSION AND SEDIMENTATION CONTROL 16. Shoreline is protected by (check applicable items): ___ stone rip rap ___wood seawall ____metal seawall concrete seawall X__grass and vegetation only other (specify) 17. Depth of water at shoreline: 1/2 ft; at 50 ft. out: 6* ; at 100 ft. out: ia« REQUIRED ATTACHMENTS The following must accompany this application: A. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. B.UNINCORPORATED GROUPS OR ASSOCIATIONS 1. 0 A list of the names and mailing addresses of all members and/or slip users. A certified copy of the b' -law s or agreement for joint use. Note: This copy is not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made in _______(state year) and on file with the City." Applicant ’s initials Page 3 of 4 Dr. Clen Nelson 500 Tonkaua Rd hpfrovz « ^ Long Lake MN 55356 City of Orono STUBBS BAY ( * ivj^lsoiJ Ponwt^ c.oivu'r orrrr >1/ Hfeusc^l I >1^I a 'V I 4'I I 6* as26tnn Miih Crttinpy - 12*-H t0^ ^* •.•••••• — ir— ••«•••••• .vr I- ir 5:.: 50' with cnnopv I Shoreline *••«••■• ............................................... Cunf SS55IOH — ir f ijM?: j SS-tOlOH nidi itiHopy — ir— iiil; : I 4l /^r 100' T" pJiLSen SSIM2 ‘ , ZeoP^ nidt l(e pot^^ Oor^'(canopy • •••«••**• «4«* M’V^**v* / ■‘•y ..-. ••• vs Ayv%v STUCB-^ C3a/ V V- •■ ■ ■' • -r-r. . f 6'*iO Dr. Glen Nelson SOOToiikawa Road Long Lake, Mn 55356 C.ITV CXKOi^O D-100 Dock [iijE (E I? n w [1 JAN 2 5 20IJ(! 2" cedar deck By EKLOF DOCKS 747 South Pine Waconia, Minnesota 55387 ^ (612) 442-2355 or 442-5020 ftXaBuau.^ — Jrr.»m<.a RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO FOREST ARMS COUNTRY CLUB ADDITION HOMEOWNERS ASSOCIATION, INC. SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2000 TO DECEMBER 31,2000 WHEREAS, the City of Orono, hereinafter "City” is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et, seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and Page 1 of2 WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 10th day of April, 2000. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 10th day of April, 2000 by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of 2 CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Forest Arms Country Club Addition Homeowners Association, Inc. Dock Address: 4245 Forest Lake Drive Agent: Jerry LeMire Address: 4205 Forest Lake Drive, Mound, MN 55364 Licensee is:__ unincorporated homeowner's group X incorporated homeowner's association __ unincorporated club or recreation group __ incorporated club or recreation group other License Period - January 1,2000 to December 31,2000 II. BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibits B and C, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Ma.ximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Forest Lake li same Exhibit A Resolution No. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibits B and C. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. V. 1.The Purchase Agreement by and between the City of Orono and the Forest Arms Country Club Addition Homeowners Association, Inc. will permit a maximum of 14 slips. The City will approve 14 slips for this license year based on the number of developed interior lots within the subject plat. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. Exhibit A Resolution No. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout audiorized by this license shall be as shown on attached Exhibits B and C. Any changes in this layout shall be subject to prior review and approval of the City Council. rV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. I.The Purchase Agreement by and between the City of Orono and the Forest Arms Country Club Addition Homeowners Association, Inc. will permit a maximum of 14 slips. The City will approve 14 slips for this license year based on the number of developed interior lots within the subject plat. V.Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. iJi • • • •• I • ••**«• •••u •• • • ••/••%4 • • • •< • ••••• •g^ •• • •t* It *• •• •*- It •#«• >•• • . • #•• t U*4*V.• ••• ••• V va / / .1 VREST ^^ FOREST ARMS COUNTRY CLOByX^ITION HOMEOWNERS ASSOCIATION . FOREST ARMS IMPROVEMENT ASSOCIATION. forest lake,/CITY OF ORONO / t • (■ LAKE A Ni>V" A^iKfjurxnAf^.i 0 T -J' 2 .• • MINNETOm-t //®//<i ./ I • • •«••• • • • • LAKE sups 2-11 (10) 1.1 ’ X 3-2’ Slips 1, 12-14 (4) 11 ’ X 21' • t t tl •:V I' 2 ’t • • f > EXISTING DOCKS / tU:eioe^ C-2-^3 LHCD ir jp ^ ’vj# /tVi» \,r.J * X QM CpSCC fZr Cl (q<n-M6||W3-l ‘<'^ mi'lH^ niB -<M t> CITY OF ORONO P.O. Box 66 Crystal Bay, Mn 55323 612-249-4600 LICENSE YEAR 2000 ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff January 31. 2000 Date Application Returned to City .2- Fee Received $ Section 5.42, Subdivision 2. LICENSE REQUIRED - "It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in ...joint use (of any lakeshore property) without first having obtained a license therefor from the City." Please complete all items and submit signed application, required attachments, and license application fee to the City Clerk by March 1 of the license year. ASSOCIATION INFORMATION 1. 2. 3.Person responsible for this application: Name \/ Phone ___________ Mailing Address Relationship to association l\cK Association is (check applicable items): ___ unincorporated homeowner ’s group. incorporated Homeowner ’s Association. unincorporated club or recreation group, incorporated club or recreation group. 5.Principal purpose of joint use dock is (check applicable items): ^ provide boat mooring and lake access for residential property. ^ provide swimming access, beach, or offshore dock. provide a club or association gathering place for activities. Page 1 of 4 Associatit^ title or name (if any) ruv--'c Lake '_______________ Bay____________________________________ >• # 6. 7. 8. 9. 10. Dock is located on (check applicable item): ___one member's private property.property leased oy the group/association. easement or outlot owned in common. property owned by the group/association. List Dock location and ownership information: Street address H Legal property description Names/addresses of other affected property owners (attach sheet if necessary): >l/c/vO______________________________________ Insurance Coverage -The jointly used dock is insured by one of the following: property owner ’s homeowner ’s policy. _^separate group/association owned policy. List the following information: • Name of insured C0{jA~frtd djulO _________ Name of insurance cairier Li)€<kr / Name of insurance agenev r\slj) U) F’olicyNo. (i(P iN () 1 ^ 0 1/> Effective date of coverage 7- 3^-6^ 7-3 ^ ^Cffj Amount of coverage: Public liability, per person, per occurrence $ Public liability, per occurrence $ Security and policing of the jointly used dock and property is provided by (check applicable items): fencing security lighting property owner ’s presence ____contract security serv ice _____ other (specify)_______________ DOCK INFORMATION 11. List Dock Use Area Specifications: Width of shoreline: ft. Length of main dock from shore: Dock setbacks from side propertv lines at shore: '3Cy ft. and So ft. ft. Page 2 of 4 * • ** f 12.Dock Construction (check applicable items): y" seasonal dock (relocated or replaced each year) ____permanent piling with seasonal deck _____permanent piling and decking •• wooden decking ____metal decking 13.List Dock Accessories: Number of fire extinguishers available at the dock Number of life preservers available at the dock __U-77^ 14. List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips______ Transient (day use) off-shore buoys______ Permanent moorage slips__________ Permanent moorage off-shore buoys_____ Dry storage (rack) slips___________ Maximum number of boats at the dock / ^ 15. List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. C> spaces. EROSION AND SEDIMENTATION CONTROL 16.Shoreline is protected by (check applicable items): ___stone rip rap ____wood seawall ____metal seawall concrete seawall grass and vegetation only other (specify) 17. Depth of water at shoreline: Q ft; at 50 ft. out: ; at 100 ft. out: 5^ REQUDRED ATTACHMENTS The following must accompany this application: A. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage orother on-land functions are intended, these also should be shown on the plan. B. UNINCORPORATED GROUPS OR ASSOCIATIONS 1. 2. A list of the names and mailing addresses of all members and/or slip users. A certified copy of the by-laws or agree '\ent for joint use. Note: This copy is not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made in______(state year) and on file with the City." _ Applicant's initials Page 3 of 4 I L • • C. INCORPORATED CLUBS OR ASSOCIATIONS 1 . A list of the names, mailing addresses and titles of all corporation officers. 2.A statement as to the total number of members in the club or association. / ^ members 3.A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in (state year) and on file with the City." /O / —T_____Applicant’s initials D. ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE ($50.00) RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy. / Y slips @ 2.00 each LATE FEE ($25.00) if application returned after 3/1/00 $ $20.00 $ $ TOTAL DUE THIS APPLICATION LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. The City shall not accent renewal license applications received after March 1 unless the application is accompanied bv a late fee of $25.00. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono andihc City's employ"^ and agents to enter upon the property at any reasonable time to perfom^fetM and code conlpua Signed nspections. Date ' S'(OC> Page 4 of 4 FUMiHI-ni 1 1 2. Dock Construction (check applicable items): )( seasonal dock (relocated or replaced each year) ____permanent piling with seasonal deck _____permanent piling and decking ____wooden decking _____ metal decking 13. List Dock Accessories: Number of fire extinguishers available at the dock Number of life preservers available at the dock __-ISJTT 14.List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips______ Transient (day use) off-shore buoys_______ Permanent moorage slips__________ Permanent moorage off-shore buoys_____ Dry storage (rack) slips ___________ Maximum number of boats at the dock / ^ 15. List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. spaces. EROSION AND SEDIMENTATION CONTROL 16. Shoreline is protected by (check applicable items): ___ stone rip rap ___wood seawall ____metal seawall concrete seawall ^ grass and vegetation only other (specify) 17. Depth of water at shoreline: Q ft; at 50 ft. out: : at 100 ft. out: REQUIRED ATTACHMENTS The following must accompany this application: A. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage orother on-land functions are intended, these also should be shown on the plan, /-/^€ B. UNINCORPORATED GROUPS OR ASSOCIATIONS 1 . A list of the names and mailing addresses of all members and/or slip users. 2.A certified copy of the by-laws or agreement for joint use. Note; This copy is not required if the applicant initials and certifies the following statement: This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made in_______(state year) and on file with the City." Applicant's initials Page 3 of 4 ■ d li F I " I "t" If Iiil IF Hi "I wil iw ■! I a an "'in I Wil i i >11 ■ i '■ llT*» l l' » ly i ................ if l l ■■ In ll l MtlM ■ P l Mt liilll' nail>i< r<>ia •• • I .*"'1 c. r.i . RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO FOXHILL HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2000 TO DECEMBER 31,2000 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no e.xclusive privileges to these rights; and Page 1 of 2 WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the Cit>' of Orono at their meeting on the 10th day of April, 2000. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this lOlh day of April, 2000 by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of 2 - TtTrrfc^i n ■* ' im q .. i « i r - ur ir ■ r-a—mw a -i i i m ■ ■■ — ■■iiimi ■— it ffi :.'\aniri^d:i2ra'i(i - CITY OF ORONO EXHIBIT A RESOLUTION NO. rONDITTONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I.LICENSEE: Foxhill Homeowners Association Dock Address: 1801 Shoreline Drive Agent: Dean Patterson, Homeowner Address: 1025 Heritage Lane, Wayzata, MN 55391 Licensee is:__ unincorporated homeowner's group X incorporated homeowner’s association __ unincorporated club or recreation group __ incorporated club or recreation group other License Period - January 1 ,2000 to December 31,2000 n. BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibits B-1 thru B-3, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Smith's ]3 13 Exhibit A Resolution No. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B-1 and B-2. .^ny changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1.The maximum number of slips or moorings to be licensed in the future shall not exceed 16 provided that for any given year, the license shall be issued for no more than 1 boat per residence in the Foxhill Subdivision according to the findings set forth in the Resolution 1042 adopted by the City Council of the City of Orono on the 12th day of June, 1979. 2.Winter storage of dock parts and sections shall be permitted on Outlet # 1 between the time the dock is removed from the lake in the fall and June 1st of the following year. V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. • •• • RESOLUTIOH r-^ i . Dt 1319 Dg 5)BOKC -e - ^ « \/ -l->v- 0|1^1 r “ !• 4 # 0 ?• r{ 1 • u \ t; m •n •• V: *‘n 9«l 1• • • • • *.t • ^O• •ov% T-iaaU ^ e?<rt.li*2- n t Vi *?'• . ^ . sL'-r. ^ -• • • CITY OF ORONO P.O. Box 66 Crystal Bay, Mn 55323 612-249-4600 LICENSE YEAR 2000 ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municip^ C(xle Section 5.42 Date Form Sent by City Staff January 31.2000 i'/'tliOr.V Date Application Returned to City__ Fee Received $ _____By Employee Section 5.42, Subdivision 2. LICENSE REQUIRED - "It is unlawful for any (group or association of persons or families, more than two in number, whether incbipiorated or not) to engage or participate in ...joint use (of any lakeshore property) without first having obtained a license therefor from the City." Please complete all items and submit signed application, required attachments, and license application fee to the City Clerk by March 1 of the license year. .*• ASSOCIATION INFORMATION 1- 2. 3. Atssociation title or name (if anv ’l j Lake Bay S}?}/ ^7^ ^ ^ •• •*. Person responsible for this application: Mailing Address/ggy Zr- /»<ggW» , /77u. S^S9/ ‘ A'Relationship to association 4. m Association is (check applicable items): ___ unincorporated homeowner's group. incorporated Homeowner’s Association. unincorporated club or recreation group, incorporated club or recreation group. 5.Principal purpose of joint use dock is (check applicable items): provide boat mooring and lake access for residential property. __ provide swimming access, beach, or offshore dock. _ provide a club or association gathering place for activities. Rage 1 of 4 .-■v-.-g-'.-g-u. '1^ ,, a II I I I III I I I I I I I III I ~m " I lil I I I \ I II I I IT I I I UTWI'I I I I I 6. 7. 8. 10. Dock is located on (check applicable item): ___one member's private property.property leased by the group/association. easement or outlot owned in common. 'pC property owned by the group/association. List Dock location and ownership information: Street address Legal property description PID# Listed property owner(s) Names/addresses of abutting lakeshore property owners: fNorthAVesO _________________ (South/East) Names/addresses of other affected property owners (attach sheet if necessary): 9. Insurance Coverage - The jointly used dock is insured by one of the following: property owner's homeowner's policy. separate group/association owned policy. List the following information: Name of insured // C'y' Name of insurance carrier Name of insurance agency /■wyrtA/f2’Cy-4^ Policy No. Effective date of coverage Amount of coverage: Public liability, per person, per occurrence Public liability, per occur ^nhe %/. c7S>C> Security and policing of the jointly usedjddck and property is provided by (check applicable items): ^ ____ fencing seci^ity lighting X propert>- owner ’s presence dritvcontract security service X Other (specify) norK INFORMATION 1 1 . List Dock Use Area Specifications: Width of shoreline: £ ^ ? ft. Length of main dock from shore: / ft. Dock setbacks from side property’ lines at shore:ft. and ft. Page 2 of 4 CITY OF ORONO P.O. Box 66 Crystal Bay, Mn 55323 612-249-4600 LICENSE YEAR 2000 ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff January 31 2000 Date Application Returned to City _ Fee Received $ ^^ _____ By Employee Section 5.42, Subdivision 2. LICENSE REQUIRED - "It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in ...joint use (of any lakeshore property) without first having obtained a license therefor from the City." Please complete all items and submit signed application, required attachments, and license application fee to the City Clerk by March 1 of the license year. ASSOCIATION INFORMATION 1. 2. 3. 4. 5. Association title or name (if any) Lake ___________Bay_-^_______________ Person responsible for this application: ^ HlH, ^^Phone y'~‘/7^7 Mailing Address /O^S ^ /_____ Relationship to association Association Is (check applicable items): ___ unincorporated homeowner's group. incorporated Homeowner ’s Association. unincorporated club or recreation group, incorporated club or recreation group. Principal purpose of joint use dock is (check applicable items): 'yC, provide boat mooring and lake access for residential property*. • ^ ^ ^ ____ provide swimming access, beach, or offshore dock. ____ provide a club or association gathering place for activities. Page 1 of 4 * ^ * 12. 13. Dock Construction (check applicable items): seasonal dock (relocated or replaced each year) ____permanent piling with seasonal deck _____permanent piling and decking ___wooden decking _____metal decking List Dock Accessories: Number of fire extinguishers available at the dock Number of life preservers available at the dock __ 14. List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips yC Transient (day use) off-shore buoys______ Permanent moorage slips__________ Permanent moorage off-shore buoys Dry storage (rack) slips___________ Maximum number of boats at the dock /S 15. List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. spaces. FROSION AND SEDIMENTATION CONTROL 16.Shoreline is protected by (check applicable items): ~yC stone rip rap ___wood seawall metal seawall concrete seawall grass and vegetation only other (specify) 17.Depth of water at shoreline: ^ ft; at 50 ft. out: / ^ ; at 100 ft. out: ^ REQUIRED ATTACHMENTS The following must accompany this application: A. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, shoving the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. B. IftvJTNCORPORATED GROUPS OR ASSOCIATIONS 1. A list of the names and mailing addresses of all members and/or slip users. 2.A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and certifies the following statement: "This is a renewal application qgd our joint use dock is to be operated under the same by-laws or agreement originally made year) and on file with the City." Ai^licanfs initials Page 3 of 4 C. INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. 2, A statement as to the total number of members in the club or association. members A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made cr last amended in ^ (state year) and on file with the Applicant's initials D. ANlvlUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE ($50.00) S RENEWAL JOINT USE FEE, per year $ PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy._____slips @ 2.00 each $ L.A.TE FEE ($25.00) if application returned after 3/1/00 $ TOTAL DUE THIS APPLICATION S 20.00 LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. The City shall not accept renewal license applications received after March 1 unless the application is accompanied bv a late fee of $25.00. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and. in the case of new or unusual applications, also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONT-Y UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City- Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City’s employees and agents to enter upon the property at any reasonable time to perform safety and code corqpliance inspections. Date .?-/ Page 4 of 4 12.Dock Construction (check applicable items): seasonal dock (relocated or replaced each year) ____permanent piling with seasonal deck _____permanent piling and decking ____wooden decking _____metal decking 13.List Dock Accessories: Number of fire extinguishers available at the dock Number of life preservers available at the dock ______ 14.List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips yC. Transient (day use) off-shore buoys______ Permanent moorage slips__________ Permanent moorage off-shore buoys Dry storage (rack) slips ___________ Maximum number of boats at the dock /S 15, List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. /O spaces. EROSION AND SEDIMENTATION CONTROL 16.Shoreline i< protected by (check applicable items): stone rip rap ___ wood seawall ___ metal seawall concrete seawall grass and vegetation only other (specify) 17. Depth of water at shoreline: ^ ft; at 50 ft. out: / ^ : at 100 ft. out: ^ / REQUIRED ATTACHMENTS The following must accompany this application: A.DOCK PL.AN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry str 'ge or other on-land functions are intended, these also should be shown on the plan. B.UNINCORPORATED GROUPS OR ASSOCIATIONS 1. A list of the names and mailing addresses of all members and/or slip users. A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and certifies the following statement: 'This is a renewal application our joint use dock is to be operated under the same by-laws or agreement originally made year) and on file with the City." Applicant's initials Page 3 of 4 RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO KELLY COVE HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2000 TO DECEMBER 31,2000 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the Cit>’ shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conser\ ation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the pro[^rty rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and Page I of2 WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached. NOW, THEREFORE, BE IT RESOLVED, that the Cit>' Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 10th day of April, 2000. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 10th day of April, 2000 by Gabriel Jabbour & Linda S. Vee, Mayor & Cit>- Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notar>' Public Page 2 of 2 r >1 riM t> *'*14 I i n t it CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Kelly Cove Homeowners Association of Orono Dock Address: 2497-2503 Kelly Avenue (Outlot A, Kelly Cove) Agent: Austin H. Evans, President Address: 2497 Kelly Avenue, Excelsior, MN 5533 1 Licensee is:___ unincorporated homeowner's group X incorporated homeowner's association ___ unincorporated club or recreation group ___ incorporated club or recreation group other ______ ________________ License Period - January 1,2000 to December 31,2000 II.BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B and C, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Carman Sub-Total; Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Exhibit A Resolution No. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. rV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1. Licensee shall comply with all conditions and requirements of City of Orono Resolution No. 4279. 2.The maximum allowed boat density per Resolution No. 4279 is 4 total slips. Any increase above this number of slips is prohibited. The number of slips licensed for the current license period is V.Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. VI. STYROFOAM DOCK ADVISORY. Licensee is advised that the use of unprotected styrofoam as a dock flotation material has been banned per Ordinance No. 104, Second Scries. . . ..A.. R.L. S. •NO.}422 . I w»*n*is'w ___J[__________ __ • .A \ Exhibit B Resolution No« • • mm 5 ^ N Kfci m m LK t*. I- k- '<•«., Vx O ‘>- • I P _ .. -• ••• — “ ■•**• >im; Kelly Cove Homeowners Associstion Approved Dock Locetton .*»*•. « mm m*» ••• ••• •*■ • llf #d* 40t9t CITY OF ORONO P.O. Box 66 Crystal Bay, Mn 55323 612-249-4600 LICENSE YEAR 2000 ANNUAL JOINT USE DOCK LICENSE APPUCATlON Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff January’ 31.2000 Date Application Returned to City ^/< / d) • * ’ I Fee Received $ ^_____By Employee_ Section 5.42, Subdivision 2. LICENSE REQUIRED - "It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in ...joint use (of any lakeshore property) without first having obtained a license therefor from the City." Please complete all items and submit signed application, required attachments, and license application fee to the City Clerk by March 1 of the license year. ASSOCIATION INFORMATION 1. 2. 3. Association title or name (if any) /CbLZ.V Covf Lake •_____Bay __________________ Person responsible for tliis application: Name ^l)jT/a/ _____Phone ^ i ! *7 O________ Mailing Address ^ MKf ^S*33/ Relationship to assoc iation_____AfT V7 ^__________________________ 4.Association is (check applicable items): ___ unincorporated homeowner’s group. incorporated Homeowner's Association. unincor^ .rated club or recreation group, incorporated club or recreation group. 5.Principal purpose of joint use dock is (check applicable items): provide boat mooring and lake access for residential property, provide swimming access, beach, or offshore dock, provide a club or association gathering place for activities. Page 1 of 4 ] 6. 7. 8. 10. Dock is located on (check applicable item): ___one member’s private property. easement or outlot owned in common. property leased by the group/association, property owned by the group/association. List Dock location and ownership information: Street address • 2<0\ I Legal property description OUTL cT fC^LL^j _________________ PID# 3^/1 - i/y> 33 / A ocS^______________________________ Listed property owner(s) ut ,^hml i/a.^Vw # SHbnd fl. ^ ertowa/ » tkni»A Ku ________________________ Names/addressea of abutting lakeshore property owners: fNorth/Westl ^ ^ /TA/^WA/___________ (South/Easti A. Ittvr, Oi'l £. UAt wAjtArA, mm S'S’U-*il Names/addresses of other affected property owners (attach sheet if necessary): 9. Insurance Coverage - The jointly used dock is insured by one of the following: property owner's homeowner's policy. separate group/association owned policy. List the following information: Name of insured IOSL l ^ C-Al/if Name of insur^ce carrier TTfir e tNCiuut^yt __________ Name of insurance agency /iULLt i A^£UCy ____________ Policy No. CAI^ *>7/ iL 13 Effective date of coverage_____________ Amount of coverage: Public liability, per person, per occurrence $ Public liability, per occurrence $ 1,0 At, 6CO Security and policing of the jointly used dock and property is provided by (check applicable items): _____ fencing ____ security lighting property owner's presence ____ other (specify)_________________________contract secuntv service DOCK INF0RM.4T10N 11. List Dock Use Area Specifications: ^ Width of shoreline: 0.^0 -f- ft. Length of main dock from shore: 4»0 , ft. -•______. _t _______ t Ci.____I C,Dock setbacks from side property lines at shore: 4 O____ ft. and t^iT ft> Page 2 of 4 • » 6. 7. 8. 10. Dock is located on (check applicable item): one member's private property. easement or outlot owned in common. property teased by the group/association, property owned by the group/association. List Dock location and ownership information: Street address 2<rtiX Legal property description Oi/TLdT W* _________ PIP# /g ocS^_____________________________ Ut \A$tL S'ibnA ft. JftHJ/ » icu ^PoA________________________ Names/addresses of abutting lakeshore property owners: (North/WesO ^ 7* /TA/^ Wa7________________________________________ fSouth/EasO A. //a VT} E UA* ^4^*^ WM^ATAf Mh/ Names/addresses of other affected property owners (attach sheet if necessary): 9. Insurance Coverage - The jointly used dock is insured by one of the following: property owner's homeowner's policy. ^ separate group/association owned policy. List the following information: Name of insured jCiSLL'^ Name of insurance carrier THir* 'C /NCtuuti^f __________ Name\qf, insurance agency tiukU! i ' A^SHC.y____________ Policy No. CUP *77/ iL \ S Effective date of coverage ______________ Amount of coverage: Public liability, per person, p>er occurrence $ . , Public liability, per occiOTcnce SI,oAt, OOP Sediirity ind policing of the jointly used dock ^dproperty is provided by (check applicable items): . • . •. . < ____ fencing ____security lighting property owner ’s presence contract secunty service other (specify) POCK INFORMATION 11. List Dock Use Area Specifications: / c ^ Width of shoreline: QSTO -H ft. Length ofmain dock from shore: ^ ft. Dock setbacks from side property lines at shore: iO____ft. and ft- Page 2 of 4 A 12. Dock Construction (check applicable items): seasonal dock (relocated or replaced each year) ____permanent piling with seasonal deck _____permanent piling and decking ____wooden decking _____metal decking 13. List Dock Accessories: ___ Number of fire extinguishers available at the dock /A/ j Number of life preservers available at the dock /A/ X 14. List number of slips in each category ("slips” includes boat lifts): Transient (day use only) slips______ Transient (day use) off-shore buoys Permanent moorage slips____Permanent moorage off-shore buoys Dry sto ’.age (rack) slips ___________Maximum number of boats at the dock 15. List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. . / 2- spaces. FRQSION AND SEDIMENTATION CONTROL 16.Shoreline is protected by (check applicable items): ___ stone rip rap ___ wood seawall ___ metal seawall concrete seawall grass and vegetation only other (specify) / '17. Depth of water at shoreline: ^ ft; at 50 ft. out: fe at 100 ft. out: tO REQUIRED ATTACHMENTS The following must accompany this application: A. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. B. UNINCORPORATED GROUPS OR ASfoCIATlONS 1. 2. A list of the names and mailing addresses of all members and/or slip users. A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and certifles the following statement: "This is a rcnewnl application and our joint use dock is to be operated under the same by-laws or agreement originally made in_______(state year) and on file with the City." ______________Applicant's initials Page 3 of 4 C. nsCORPORATED CLUBS OR ASSOCIATIONS ©A/ 1. A list of the names, mailing addresses and titles of all corporation officers. 2.A statement as to the total number of members in the club or association, members 3.A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in (state year) and on file with the ______Applicants initials D.ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE ($50.00) RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy. tP slips @ 2.00 each LATE FEE ($25.00) if application returned after 3/1/00 $ $20.00 $ $ TOTAL DUE THIS APPLICATION LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. The Citv shall not accept renewal license applications received after March 1 unless the application is accompanied bv a late fee of $25.00. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROV.AL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed Date 2/^Oo Page 4 of 4 1 • % c.INCORPORATED CLUBS OR ASSOCIATIONS OA/ 1. A list of the names, mailing addresses and titles of all corporation officers. 2.A statement as to the total number of members in the club or association. 6^ members • t 3.A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copie's art not rcouired if the applicant initials and certifles the following statement: **This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in ^ (state year) and on file with the a..- ^ ^^licanfs initials D.ANNUAL LICENSE FEE - ALL APPLICATIONS • ^ Joint Us.e Dock License Application Fee according to the current City Fee Schedule « • • $ $ INITIAL APPLICATI014 FEE ($50.00) RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy. ^_slips @ 2.00 each $ LATE FEE ($25.00) if application returned after 3/1/00 $ 20.00 TOTAL DUE THIS APPLICATION 5^ LATE FEE - Renewals Application for renewal oflicenses shall be made no later than March 1 of the license year. The City shall not accent renewal license applications received after March 1 unless the application is accompanied bv a late fee of $25.00. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council andj in the case of new or unusual applications, also by the Planning v mmission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. _____________ _Signed Date Oo Page 4 of 4 im Cm HwwwmaiwcHiliB 2497 Kelly Avenue Exoebk)r.MN5533l USA Pboae612471.1170 Fax 612-471-1184 Febniafy 29.2000 Mr. Michael P. Gafifron Senior Planning Coordinator CityofOrono 27S0 Kelley Parieway Orono. MN 55356 Dear Mr. Gaffron: Re: 2000 Annual Joint Use Dock License 1 enclose an application for the above license with a check for $28.00 application fee. As stated on the telephone we are in the process of completing the legal documentation with the City ’s Lawyer in respect of the drainage easement which should be completed shortly. Please call with any questions. yours sincerely. /tv*-ty Austin H. Evans President I RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO THE OWNERS OF PROPERTY LOCATED AT 3155 NORTH SHORE DRIVE, 3185 NORTH SHORE DRIVE, .\ND 1406 BOHN'S POINT RO.\D SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2000 TO DECEMBER 31,2000 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of ^^jlice power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal ei ‘ nent of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD. DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owmers; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to l.ake Minnetonka has the right to use the entire surface area of Lake Mirmetonka for ail suitable purposes in common with ail other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. Page 1 of2 This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Miimetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by luc City Council of the Cit> of Orono at their meeting on the 10th day of April. 2000. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA ) ) ss. COUNl Y OF HENNEPIN ) The foregoing instrument was acknowledged before tne on this 10th day of April, 2000 by Gabriel Jabbour & Linda S. Vee. Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of 2 CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I.LICENSEE: Property owners of 3155 North Shore Drive, 3185 North Shore Drive and 1406 Bohn's Point Road Dock Address: 3155 North Shore Drive Agent: Emily Chapman Address: 1406 Bohn's Point Road, Wayzata, MN 55391 Licensee is: XX unincorporated homeowner's group ___ incorporated homeowner's association ____unincorporated club or recreation group ____ incorporated club or recreation group other License Period - January 1,2000 to December 31,2000 II.BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Crvstal 3 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. i Exhibit A Resolution No.. Page 2 III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B-2. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. V. This license is granted subject to the findings and conditions set forth in Resolution #1212 of the City council, summarized as follows: The three properties to which this Joint Use Dock License is granted are described as follows: i)(P.I.D. #09-117-23 33 0001) "That part of Gov't Lot 1 lying East of the West 442.93 feet thereof and North of the South 1058.3 feet thereof and South of Registered Land Survey No 269" (3155 North Shore Drive - Mandel) (P.l.D. #09-117-23 33 0015) "Tract I and the West 28.5 feet of Tract H, Registered Land Survey No. 269" (1406 Bohn’s Point Road - Chapman) iii) (P.l.D. #09-117-23 33 0016) "Tract G and that part of Tract H lying East of the West 28.5 feet thereof. Registered Land Survey No. 269" (3185 North Shore Drive - Aanestad) There shall be only one dock allowed on the Mandel lot (P.l.D. 09-117-23 33 0001) which dock shall be no greater than 100 feet in length, and which dock must be constructed in accordance with all applicable City and LMCD ordinances, and which dock is intended to serve only the owners and their successors of the 3 properties described in a) above. On the Mandel lot (P.l.D. 09-117-23 33 0001) either attached to the dock, moored in front of the lot or located on the lot, there may not be at any time more than three watercraft, as defined by the LMCD, either docked, moored, or stored. The three watercraft allow ed may be owned only by the owners of the properties described in a) above. Nothing in this license shall confer upon any person for the benefit of any proi;erty any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use ot Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the Citj' and other competent regulatory authorities shall deem necessary from time to time in the public interest. 4 • • / /vcrtg»>^ tUltM CITY OF ORONO P.O. Box 66 Crystal Bay, Mn 55323 612-249-4600 LICENSE YEAR 2000 •«>. ••• •• ti. •• ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 4 C ^ *•»*,*;FtCi I t Cn 't vJ»* ^nOKO Date Form Sent by City Staff Tat^na^-y 31,200Q Date Application Returned to City Fee Received $______________By Employee Section 5.42, Subdivision 2. LICENSE REQUIRED - "It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in ...joint use (of any lakeshore property) without first having obtained a license therefor from the City." Please complete all items and submit signed application, required attachments, and license application fee to the City Clerk by March I of the license year. association information 1. 2. 3. 4. 5. Association title or name (if any) Lake ________Bay_ Person responsible for this application: Name Phone Mailing Address itjhft Fh ------— Relationship to association ________________________ Association is Tcheck applicable items): unincorporated homeowner's group. ___unincorporated club or recreation group. ___ incorporated Homeowner's Association. ___incorporated club or recreation group. Principal purpose of joint use dock is (check applicable items): 'iC provide boat mooring and lake access for residential property. ____provide swimming access, br /h, or offshore dock. ____provide a club or associatic.i gathering place for activities. Page 1 of 4 6. 7. 8. \ \ \ \ Dock is located on (check applicable item): y one member’s private property. . . easement or outlot owned in comnion.' property leased by the group/association, property owned by ^e group/^sociation. List Dock location and ownership information: Street address ixru . Legal property description _____ PID# Listed property owner(s)__J_ 6/ Names/addresses of abutting lakeshore property owners: (S5i^B/Easrt df / -tt. Names/addresses of other affected property owners (attach sheet if necessary): ^ „tr 0^________________ 9. I&urance Coverage - The jointly used dock is insured by one of the follov^dng: - - ^ property owner's homeowner ’s policy.__separate group/association owned policy. List the following information:*. • Name of insured Name of insurance carrier_ Name of insurance agency Policy No.____________Effective date of coverage Amount of coverage: Public liability, per person, per occurrence $. Public liability, per occurrence $ 10. Security and policing of the jointly used dock and property is provided by (check applicable items); ____ fencing ____security lighting ^ property owner ’s presence ____contract security service _____other (specify)_________________________ DOCK INFORMATION - • . • . .... . 11. List Dock Use Area Specifications: ■ ........ ; Width of shoreline: r3t>' ft'Length bfihaih dock from shore:' 36. gg ft. Dock setbacks from side property lines at shore: _________ ft. and '_________ ft. Page 2 of 4 12.Dock Construction (check applicable items): / seasonal dock (relocated or replaced each year) . ... , permanent piling with seasonal deck ' permanent pUmg and decking • wooden decking _metal decking' 13. List Dock Accessories: .... . Number of fire extinguishers available at the dock Number of life preservers available at the dock__ 14.List number of slips in each category ("slips" includes boat lifts). Transient (day use only) slips______ Transient (day use) off-shore buoys _ Permanent moorage slips ^ Permanent moorage off-shore buoys _ Dry storage (rack) slips__________ Maximum number of boats at the dock r- 15.List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. -------spaces. 16.Shoreline is protected by (check applicable items): wood seawall ___metal seawallX stone np rap concrete seawall < grass and vegetation only other (specify) 17. Depth of water at shoreline: D ft; at 50 ft. out:; at 100 ft. out: —7 REQUIRED ATTACHMENTS The following must accompany this application: A. norjc PLAN - AU. APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. B. TJNTNCORPORATRD GROUPS OR ASSOCIATIONS 1. A list of the names and mailing addresses of all members and/or slip users. 2.A certified copy of the by-laws or agreement for jomt use. Note- This copy is not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated undej *e same by-laws or agreement originally made' in ' (state year) and on filtwi* the City "^ .V Applicants initials Page 3 of 4 c. D. INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. 2. A. statement as to the total number of members in the club or association. ____members 3. A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in_______(state year) and on file with the City." _______________Applicants initials ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE ($50.00) $ RENEWAL JOINT USE FEE. per year $ PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy. 3 slips @ 2.00 each $ LATE FEE ($25.00) if application returned after 3/1/00 $ TOTAL DUE THIS APPLICATION $ 20.00 (j c® 2-b. 0^ LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. The Citv shall not accept renewal license applications received after March 1 unless the application is accompanied bv a late fee of S25.00. RLVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed Date RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO PHEASANT LAWN HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2000 TO DECEMBER 31,2000 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et, seq. and State Statute 462, et. seq.. to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and Citv' of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and Page 1 of2 WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staffto issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 10th day of April, 2000. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 10th day of April, 2000 by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of 2 CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I.LICENSEE: Pheasant LawTi Homeouners Association Dock Address: 2790 Pheasant Road Agent: Joseph T. Forrer Address: 2655 Pheasant Road, Excelsior, MN 55331 Licensee is:__ unincorporated homeowner's group X incorporated homeowner's association __ unincorporated club or recreation group __ incorporated club or recreation group other License Period - January-1,2000 to December 31,2000 II. BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan, Exhibits B-1 thru B-3, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Carman's 5 plus 1 detached 5 plus 1 detached Exhibit A Resolution No.. Page 2 fr Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibits B-l and B-2. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1. 2. 3. The Cit>’ acknowledges the historic and continued use of this five-slip multiple dock since the 1 950's for the benefit of five designated non-riparian properties on the west side of Pheasant Road. The City recognizes the easement over the Pheasant Lawn Homeowners Association commons lot to provide lake access to Lots 15 and 18, Pheasant Lawn, and Lots 1 and 2, Yale Smiley Addition, because as a result of past dredging of the lagoon area in Lot 14, said lots might not abut the actual shoreline of Lake Minnetonka at any given time. The City acknowledges the existence of the portion of dock and shed existing on City right-of-way und grants temporary permission for said dock and shed to remain at their existing location within the right-of-way until such future date that the City determines that removal of said .structures fi-om the City right-of-way is in the best interests of the City of Orono. The Homeowners Association and Mahoney shall agree to hold the City harmless from any damage to any private or Association improvements within the right-of-way that might be caused by the City. (Hold Harmless agreements on file) This approval grants a 2000 Joint Use Dock License to the Association for six slips (including Mahoney's detached slip). Applicants are advised of the need to henceforth apply for a Joint Use Dock License annually. • . • • Exhibit A Resolution No., Page 3 6.The five multiple dock slips are designated for use by specific properties as spelled out below, and no transfer of dock rights to different properties within the subdivision of Pheasant Lawn may occur without City approval. Transfer of dock rights to any property outside the subdivision of Pheasant Lawn or to any person who is not a Pheasant Lawn property owner, will not be allowed. 7.The five properties which are each allowed one slip with’t the five slip multiple dock are described as follows: A. (Forrer) 2655 Pheasant Road (Lots 1,2 and part of Lot 3, Pheasant Lawn) B. (Sherf) 2675 Pheasant Road (Lot 6, Pheasant Lawn) C. (Reddick) 2695 Pheasant Road (Lot 8, Pheasant Lawn) D. (Vaughan) 2725 Pheasant Road (North part of Lot 10, Pheasant Lawn) E. (Bakke) 2765 Pheasant Road (South Part of Lot 10, Pheasant Lawn) V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetoi^a or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. ^XH. B-2, RESOLUTIoii <JO. • • • . I . 1 •f f J (10)^ 2.-3 RESOUIUON Ho, i •• ft er m . — ujrsi*w »\ (50) % 'c7'^ (5<)S (51) \ V. (23) (27) C< (22) (10) •M”' “ix T (ll)^^-3TiJ -----1 q: (21) 'n fi#.Jc.. !!).>• iX^^tSJ) . l^i _ •X'rjbx O (J*l ^ /’ l/= o yi ; o * " 3S 1J • '<^:iP X • ••, /N . GOVT j^0T**.5 \ . \ n \j. \ V _______ O ; JoiMT 'DoeAt.lA'S.oa- * A • • resolution no. •.s» ^ til).. 135) *7: (o S CITY OF ORONO P.O. Box 66Crystal Bay, Mn 55323 612-249-4600 LICENSE YEAR 2000ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42January 31.2000 or® Date Form Sent by City Staff_____ Date Application Returned to City ___________ Fee Received $ ^ ^ By Employee Section 5.42, Subdivision 2. LICENSE REQUIRED - "It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in ...joint use (of any lakeshore property) without first having obtained a license therefor from the City." Please complete all items and submit signed application, required attachments, and license ? )plication fee to the City Clerk by March 1 of the license va : »r. ASSOCIATION INFORMATION 1. Association title or name (if any) AfitCrJ r.lOi^^fUS 2. Lake _______Bav 0 M __________________ 3. Person responsible for this application: 4. D. g'C Name /, Phone Mailing Address 'A (L-.^ or-7 » Relationship to association - 9//? I^e s i / f /c^' •Association is (check applicable items): ___ unincorporated homeowner’s group. /T~ incorporated Homeowner’s Association. unincorporated club or recreation group, incorporated club or recreation group. Principal purpose of Joint use dock is (check applicable items): 'jC provide boat mooring and lake access for residential property. ____ provide swimming access, beach, or offshore dock. ____ provide a club or association gathering place for activities. Page 1 of 4 I nn - r~ m-r»i ii 6. 7. Dock is located on (check applicable item): ___one member’s private property.___property leased by the group/association. ___easement or outlot owned in common. ^propert>' owned by the group/association. List Dock location and ownership information: Street address_________________________________________________________ Legal property description ______________________________________________ PIDU ___________________ Listed propertv- owner(s) 8.Names/addresses of abutting lalieshore propert}' owners: rNorthAVesO f:'7^ (South/Easi) ' Names/addresses of other affected properly owners (attach sheet if necessar>'): IZJI'- 9. Insurance Coverage - The jointly used dock is insured by one of the following: / propert)’ owner's homeowner's policy. __separate group/association owned policy. List the following information: Name of insured ____________ Name of insurance carrier _ Name of insurance agency Policy No. ____________Effective date of coverage Amount of coverage: Public liabilit>\ per person, per occurrence S. Public liabilit>-, per occurrence S 10.Security and policing of the jointly used dock and propern is provided by (check applicabl items): ____ fencing securin' lighting propern owner's presence ____ contract securin' service ____ other (specify )_________________________ DOCK INFORMATION 11. List Dock Use Area Specifications: Width of shoreline: /5 O ft. Length of main dock from shore: Dock setbacks from side property lines at shore: _________ ft. and ft. ft. Page 2 of 4 12.Dock Construction (check applicable items): ____seasonal dock (relocated or replaced each year) ____permanent piling with seasonal deck X" permanent piling and decking wooden decking ____ metal decking r 13.List Dock Accessories: Number of fire extinguishers available at the dock Number of life preservers available at the dock __M7) / 14.List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips ______ Transient (day use) off-shore buoys Permanent moorage slips !?/V Permanent moorage off-shore buoys Dry storage (rack) slips Maximum number of boats at the dock 15. List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. 12^ spaces. EROSION AND SEDIMENTATION CONTROL 16.Shoreline is protected by (check applicable items): ^ stone rip rap ___wood seawall metal seawall grass and vegetation ____other (specify)_____ concrete seawall 17. Depth of water at shoreline: ^ ft; at 50 ft. out: ^ ^ ; at 100 ft. out: ^ '2. / REQUIRED ATT.4CHMENTS The following must accompany this application: A. DOCK PL.AN - ALL APPLICATIONS .A dock plan, drawn to scale, show ing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking. dr>‘ storage or other on-land functions are intended, these also should be shown on the plan. B. UNINCOP.POR.ATED GROUPS OR ASSOCl.ATlONS 1 . A list of the names and mailina addresses of all members and'or slip users. .A certified copy of the by-law s or agreement for joint use. Note: Thii copy is not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement oriainallv made in (stats year) and on f.Ie with the Cityn, a.Applicanfs initials Page 3 of 4 C. INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. A statement as to the total number of members in the club or association. ‘SG members A certified copy of the articles of incorporation and by-laws of the corporation. Note. These copies are not required if the applicant initials and certifies the following statement: "This is a renewal application and our Joint use dock is to be operated under the same articles of incorporation and'or by-laws as originally made or last amended in________(state year) and on file with the City. ____Applicant’s initials ANNUAL LICENSE FEE - ALL APPLIC.^TIONS Joint Use Dock License Application Fee according to the current Cin* Fee Schedule INITIAL APPLICATION FEE (S50.00) RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy. slips 2.00 each LATE FEE (S25.00) if application returned after 3/1/00 S s 20.00 $ s TOTAL DUE THIS APPLICATION 52. LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. TheCitv shall not accept renewal license applications received after March 1 unless the application is accompanied bv a late fee of S25.00. REVIEW PROCEDURE WTien a complete application is received, the application will be reviewed by the City Council and. in the case of new or unusual applications, also by the Planning Commission and Marina Committee. The Council will pass upon the ^.pplication after complete review. THE SUBJECT DOCK MAY BE INSTAl LED .AND OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono Cit> Council to review this Joint Use Dock License Application, and agrees and authorizes the Cit>‘ of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safejy and cod<; compli^^inspections. ‘f. FCCOSienedDat< Page 4 of 4 I 'i A RESOLUTION COMMENDING DAVE CHILDS FOR HIS OUTSTANDING SERVICE AS CO-FACILITATOR OF THE LONG LAKE/ORONO CONSOLIDATION STUDY COMMITTEE WHEREAS, the Cities of Orono and Long Lake are involved in a study regarding the consolidation of the two cities; and WHEREAS, Dave Childs, Minnetonka City Manager, has volunteered his time and talents to serve as co-facilitator of the Long Lake/Orono Consolidation Study Committee; and WHEREAS, his knowledge of the process of consolidating local governments in Australia, and his considerable city management experience, have enabled him to bring important insights to the Committee’s study process; and WHEREAS, his “big picture” perspective assisted the Committee in setting a clear scope and focus for its study, and has enabled the Committee to tackle complex issues without becoming mired in detail; and WHEREAS, he has recently accepted a new City Manager position that will take him away from Minnesota and away from the Consolidation Committee. NOW, THEREFORE, BE IT RESOLVED, that the Orono City Council does hereby express its sincere appreciation to Dave Childs for his exemplary leadership and outstanding contributions as co-facilitator of the Long Lake/Orono Consolidation Study Committee; and does also hereby extend to him best wishes in his new position. Adopted by the City Council of Orono, Minnesota at a regular meeting held this 10th day of April, 2000. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor L REQUEST FOR COUNCIL ACTION rni imcil MBETlNQ APR 1 0 2000 Qll Y ut" OHOIMO IIIDATE: April 10, 2 ITEM NO.: ^ j Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Schedule Assessment Hearing for Weber Hills Sanitary Sewer Project The bid opening for this project was held on April 5th. A total of four bids were received for this project. We have some concerns about the lowest bid received, as the restoration costs seem very low compared to the other bidders. We are researching this matter further and will have a recommendation for a contract award at the assessment hearing. Award of the contract is normally not completed until after the assessment hearing. Because of the concerns about the lowest bidder, we are basing the estimated assessment on the second lowest bid received. The assessment provided at the assessment hearing is the maximum amount that can be assessed. However, the final assessment may be less. The second lowest bid received was less than the feasibility study construction cost estimate which means the project assessment will be lower than the number presented at the Public Hearing, which was $11,500. The proposed project assessment used for the assessment hearing will be $10,500 per unit. The property owners can also request to receive a $5,000 allowance for the purchase and installation of their residential grinder pump station. This allowance will then be included in the project assessment resulting in a total maximum assessment of $15,500. The two properties on South Brown Road that were added to the project, will be assessed $10,500, plus the costs for sewer to reach their properties, and an additional $5,000 for a grinder pump allowance if desired. The maximum assessment for these two properties including the grinder pump allowance will be $24,700 per unit. After construction is complete, and final costs are known the actual assessment can still be adjusted downward, in a revised assessment roll, before submission to Hennepin County in December. This assessment roll lists an 8% interest rate, past practice has been to lower the interest rate dependant on the interest rate received on the project bonds. Eight percent is the maximum interest rate that can be charged. The actual interest rate on recently completed projects has been 6.25%. We art recommending that the assessment hearing for this project be held at 7:00 p.m. during the regularly scheduled Council meeting on May 10th. If no assessment appeals are received, the contract could then be awarded on May lOih. This would allow for a June construction start for this project. We are recommending Council approval of the attached resolutions ordering the costs to be assessed and scheduling an assessment hearing for 7:00 p.m. on May 10th. COUNCIL ACTION REQUESTED: Motion to approve resolution declaring cost to be assessed and ordering preparation of proposed assessment for the Weber Hills Sanitary Sewer Project. Motion to approve resolution for hearing on proposed assessment for the Weber Hills Sanitary Sewer Project. J I A RESOLDTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR WEBBER HILLS AREA SANITARY SEWER WHEREAS, costs have been determined for the improvement of sanitary sewer in the Webber Hill area and the estimated contract price for such improvement is $480,000 and the expenses incurred or to be incuned in the making of such improvement amount to $142,900 so that the total estimated cost of the improvement will be $622,900. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF ORONO, MINNESOTA: 1. 2. The total cost to be assessed against benefitted property owners is declared to be $622,900. Assessments shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January, 2001, and shall bear interest at the rate of 8 per cent per annum from the date of the adoption of the assessment resolution. 3.The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in the clerk's office for public inspection. 4.The Clerk shall upon completion of such proposed assessment, notify the Council thereof. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held April 10, 2000. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk L..... A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT WEBBER HILLS AREA SANITARY SEWER WHEREAS, by a resolution passed by the City Council on April 10,2000, the City Clerk was directed to prepare a proposed assessment of the cost of the Webber Hills area sanitary sewer, and WHEREAS, the Clerk has notified the Council that such proposed assessment has been completed and filed in the Clerk's office for public inspection. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF ORONO, MINNESOTA: 1. A hearing shall be held on the 8th day of May, 2000 in the Orono Council Chambers, 2780 Kelley Parkway, at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. The clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City, except that no interest may be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at anytime thereafter, pay to the City the entire amount of the assessment remaining unpaid, with the interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the City Council of Orono, Minnesota at a regular meeting held April 10th, 2000. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk L.»jjuir;.ivjui Assessment Roll for Webber Hills Sanitary Sewer Improvement Municipal Code: 38 Project Number: 2000*1 Levy Description: Webber Hills Area Sanitary Sewer Project Interest Rate: 8% Number of Years Payable: IS 07~Apr~00 Munkipality: ORONO Levy Number: Total Project Assessment: S622,900.00 PID#Addition Code Total Principal Lot Block Name Street U Property Address Mailing Street Address Mailing City Address Units 03-117-23 33 0002 43570 $15,500.00 001 001 Alvin W. Landberg Jr.2325 Fox Street P.O. Box 8 Long Lake, MN 55356 I 03-117-23 33 0003 43570 $15,500.00 002 001 Dennis & Karen Pederson 2285 Webber Hills Road 2285 Webber Hills Rd Wayzata, MN 55391 I 03-117-23 33 0004 43570 $15,500.00 003 001 Byron & Theresa Johnson 2275 Webber Hills Road 2275 Webber Hills Rd Wayzata. MN 55391 I 03-117-23 33 0005 43570 $15,500.00 004 001 Steven Person ius 2265 Webber Hills Road 2265 Webber Hills Rd Wayzata, MN 55391 1 03-117-23 33 0006 43570 $15,500.00 on 001 Robert & Caroline Fullerton 740 Willow Drive South 740 Willow Dr. S Wayzata, MN 55391 1 03-117-23 33 0007 43570 $15,500.00 012 001 Norman Theiste 680 Willow Drive South 680 Willow Dr. S Wayzata, MN 55391 1 03-117-23 34 0001 41303 $15,500.00 na na Charles Peterson 775 Brown Road South 775 Brown Road S Wayzata, MN 55391 1 03-117-23 34 0002 43570 $15,500.00 005 001 Margaret Germundsen 2185 Webber Hills Road 2185 Webber Hills Rd Wayzata, MN 55391 1 \ Total Principal includes a $5,000.00 Grinder Pump allowance / r PID#Addition Code Total Principal Lot Block Name Street H Property Address Mailing Street Address Mailing City Address Units 03-117-23 34 0003 43570 $15,500.00 006 001 Richard & Mari La Pean 2175 Webber Mills Road 2175 Webber Hills Rd Wayzata, MN 55391 1 03-117-23 34 0004 43570 $15,500.00 007 001 Craig & Sandra Baker 2135 Shevlin Drive 2135 Shevlin Dr Wayzata, MN 55391 1 03-117-23 34 0005 43570 $15,500.00 008 001 J. Daniels 2145 Shevlin Drive 2145 Shevlin Dr Wayzata, MN 55391 1 03-117-23 34 0006 43570 $15,500.00 009 001 Jerome & Judy Paulson 2155 Shevlin Drive 2155 Shevlin Dr Wayzata, MN 55391 1 03-117-23 34 0007 43570 $15,500.00 010 001 K. Rakos & M. Gustafson 2175 Shevlin Drive 2175 Shevlin Dr Wayzata, MN 55391 1 03-117-23 34 0008 43570 $15,500.00 001 002 Edwin Ritchie Jr.2180 Webber Hills Road 2180 Webber Hills Rd Wayzata, MN 55391 1 03-117-23 34 0009 43570 $15,500.00 002 002 Sara Moos 2160 Webber Hills Road 2160 Webber Hills Rd Wayzata, MN 55391 1 03-117-23 34 0010 43570 $15,500.00 003 002 S. & M. Johnson 2120 Webber Hills Road 2120 Webber Hills Rd Wayzata, MN 55391 1 03-117-23 34 0011 43570 $15,500.00 004 002 Lester Bcemink 2110 Webber Hills Road 2110 Webber Hills Rd Wayzata, MN 55391 1 03-117-23 34 0012 43570 $15,500.00 005 002 Paula & Geoffrey Jillson 2100 Webber Hills Road 2100 Webber Hills Rd Wayzata, MN 55391 1 03-117-23 34 0013 43570 $15,500.00 006 002 Kevin Krueger 2090 Webber Hills Road 2090 Webber Hills Rd Wayzata, MN 55391 1 \ Total Principal includes a $5,000.00 Grinder Pump allowance PID#Addition Code Total Principal Lot Block Name Street Property Address n Mailing Street Address Mailing City Address Units 03-117-23 34 0014 43570 $15,500.00007 002 James & Susan Houg 2080 Webber Hills Road 2080 Webber Hills Rd Wayzata, MN 55391 1 03-117-23 34 0015 43570 $15,500.00008 002 Kerry Ignatius 2060 Webber Hills Road 2060 Webber Hills Rd Wayzata, MN 55391 1 03-117-23 34 0016 43570 $15,500.00009 002 Carl Riley 2040 Webber Hills Road 2040 Webber Hills Rd Wayzata. MN 55391 1 03-117-23 34 0017 43570 $15,500.00010 002 William & Mary Omeara 2000 Webber Hills Road 2150 Webber Hills Rd Wayzata. MN 55391 1 03-117-23 34 0018 43570 $15,500.00001 003 Robert & Julie Wiens 2170 Shevlin Drive 2170 Shevlin Dr Wayzata. MN 55391 1 03-117-23 34 0019 43570 $15,500.00002 003 Frank & Jennifer Larson 2160 Shevlin Drive 2160 Shevlin Dr Wayzata. MN 55391 1 03-117-23 34 0020 43570 $15,500.00003 003 Jetse & Ursula Pottinga 2150 Shevlin Drive 2150 Shevlin Dr Wayzata. MN 55391 1 03-117-23 34 0021 43570 $15,500.00004 003 John Sagehom 2160 Webber Hills Road 2160 Webber Hills Rd Wayzata. MN 55391 1 03-117-23 34 0022 43570 $15,500.00005 003 David & Ann Wyer 2130 Shevlin Drive 2130 Shevlin Dr Wayzata. MN 55391 1 03-117-23 34 0023 43570 $15,500.00006 003 Jack & Julie Hawes 2095 Webber Hills Road 2095 Webber Hills Rd Wayzata. MN 55391 1 03-117-23 34 0024 43570 $15,500.00007 003 L. L. & P. R. Butterfield 2085 Webber Hills Road 2085 Webber Hills Rd Wayzata. MN 55391 1 Total Principal includes a $5,000.00 Crindcr Pump allowance 1 1 i PID«Addition Code Total Principal Lot Block Name Street Property Address U Mailing Street Address Mailing City Address Units 03-117-23 34 0025 43570 $15,500.00 008 003 Jeanne Cashmore 2075 Webber Hills Road 2075 Webber Hills Rd Wayzata, MN 55391 1 03-117-23 34 0026 43570 $15,500.00 009 003 P. & V. Lytle 2065 Webber Hills Road 2065 Webber Hills Rd WayzaL. MN 55391 1 03-117-23 34 0027 43570 $15,500.00 010 003 David Williams 2055 Webber Hills Road 2055 Webber Hills Rd Wayzata, MN 55391 1 03-117-23 34 0028 43570 $15,500.00 on 003 E. Volden & C. Ducharme 2025 Webber Hiils Road 2025 Webber Hills Rd Wayzata, MN 55391 1 03-117-23 34 0029 43570 $15,500.00 012 003 Richard Pula 2015 Webber Hills Road 2015 Webber Hills Rd Wayzata, MN 55391 1 03-117-23 43 0003 41303 $24,700.00 na na Michael Ott 680 Brown Road South 680 Brown Rd. S Wayzata, MN 55391 1 41303 $24,700.00 Ruth Anne Vickerman 800 Drown Road South 800 Brown Rd. S I03-117-23 43 0005 na na Wayzata, MN 55391 10-117-23 22 0001 43570 $15,500.00 na na Phyllis Faddcn 825 Willow Drive South 825 Willow Dr. S Wayzata, MN 55391 1 .............. $15,500.00 Gilbert Anderson 845 Willow Drive South 845 Willow Dr. S 110-117-23 22 0002 41310 na na Wayzata, MN 55391 A22,OIHMH) Total Principal includes a $5,000.00 Grinder Pump allowance 1 * A 1 r It Ifionestioo ^j^Rosene Andeilik& Associates En(intcfs 4 ArdtftMi Protect Name: WAbef Wls Sarilaiy Sevwr t»npfov«w>gnte Piojcct No.:________________________________ BM Openlofl: April 06,2000 at 0200 pm Fito No.: Owner. 139-98-10C Ihettbycertrfylhatthiiisanexacl r«y)ro(ft>ction otMte neeivaiL City o* Ofono 2 3 4 5 6 8 9 11 12 13 14 15 16 17 18 19 20 21 Regittrabon No. 269 Bidder No. 1 Esrdi Bumen Inc Unite 1*1/2* HOPE. SW11 TerKhor drecCoral dr«; 1-1/2* HOPE. SDR 11 drectionni dtOed 2*H0PE, SOR11 (lindianildriM 3* HOPE, SOR11 tranoh or Cfevdonet cMM 3* HOPE. SOR11 teraelontedilted 1>1M* HOPE, SOR 11 l«ne^ordll•ci^onai diHod M/4* HOPE, eetwion pipe SOR 11 diredoMl dftted 1-1/4* HOPE, eervloe pipe SOR 11 bendi or dinctemal cMtod 1-1/2* HOPE aervioefiipe. SOR 11 Oendi or direclional dtilad 1-1/2* HOPE service pipe. SOR 11 dlreclonaldilfid 1-1/4* cub step and ben 1-1/2* cub Step and bat Comaollo ensteig grmdy rnardviie 1 1/2* teoMten vsKe 2*tecle8onvnfve 3*isda6ofl^^ve LF lF LF LF IF 22 23 24 25 26 27 28 29 30 /MrrdnawMH PlusNngConneedon Termnaioa 6ii3Nn9 Cannacion Oear and Grub Total Part 1 - SanilvySairar. Parl2 -Raslorallon Bitunanous drfvearay rcatoraton Qravol dnvoway repair Bituninous Street petcNng SHI lance, tegular Concrele driveway recloratiotr Remove and banspiani tree-corteious Remove and Iratsplani treededduous Reirxwe and Iranaptenibusbas Soddng. team type LF EA EA EA EA EA EA sy EA EA EA LS SY SY SY LF SF EA EA EA SY 1350 360 36 4 1 3 2 1 30 2 4 4 1 150 50 300 500 300 UnH Price Total BMdefrio.2 vndmer Inc UnH Price 514.00 $1400 $1350 $1450 $1450 $1300 $13.00 $13.00 $20.00 $13.00 $925.00 $95050 12.300.00 $1,600.00 $1,600.00 $1,750.00 525.00 $5,300.00 $1,850 00 $1,900.00 $1,000 00 55.00 II 00 510.x 5I.X 51 X 530X S30X |1 X 51 X 518,900.x 55.040.x Total $31,050,001 533,350.x $7,2sax 16,500.x 59,750.x 54.680.x 54X.X 52.340.x $33500.X lajXiXI 52.300X 545X.X 53,209.x 51.7S0.X $7sax II 0,000.x 57.4X.X 57.6X.X 51.000.x $19S,760.X 5750 X 5S0X 53 000.x 5500.x $300X S150.X 5150 X 510X 58,000.x CT-1 $11.X 511.x I11.X 511.x 511.x $11.X 512.75 $1^75 512.75 S1E75 58X.X $860X $2,775.X $i.eos.x S1.605.X S1.605.X eijo 57.87&X 51.4XX 51.4X.X 53.0XX 534X S16.X 534.x $a25 XX 5525X 5525X 52XX 54.x S14.8S0.X $3,960.X S2S.3X.X 526.4X.X 5S.7X.X SS.SX.X X.S82.X 54.5X.X 52S5.X S2.296.X tso.ex.oi^ S3.4XX 52,775.x X.08S.X X.390.X $1 ,696.x $645X $I5,7XX $6,8X.X S6.8X.X X.0X.X St76,4S2.X 55.1X.X 58X.X 510.2X.X 51.125.x 51.800.x 52.625 X $2,625X S2.5XX S32.0X.X •iddarNo.3 Penn ContiBcting UnH Price Total Biddte Na4 FFJediteMbic UnH Price 515.70 515.70 $15.70 $15.70 $15.70 115.70 |17,M S17.X $17.50 $17X I820.X $sx.x $4X0.X $2,2X.X $2,3X.X $2,4X.X I16.X XX9.X $1.9X.X S1.9X.X ss.ox.x S20.X 510.x $2S.X $2.X 5X.X S260.X 5250.x 550X 51 X 521.I95.X 55,662.x 536,110.x t36,110.X $7,ex.x $7,8X.X 113.12$ X X.30O.X $3X.X $3,IXX $33,120.01^ S3.720.X $4,300.X tejsmoa $4X0.00 $2,4X.X $4iax $13,6D0.X $7,600X $7,60ax I5.0X.X 5Z27.002.X S3.0X.X S5X.X $7,SX.X 5I.OOO.X 59.000X $I.2S0.X 51.2X.X 5SX.X 514.4Q0.X 518.x 518.x $21 .X I22.X C2.X 523. X 524. X 524.x S27.X I27.X I3X.X I3X.X S0X.X 56X.X I6X.X S8X.X t2B.X $7X0.X $1X0.X $1 375.x $1.9X.X 519.x 512.x 525.x $1.75 XX S2XX S2SO.X 52X.X S2J» Tetei $24.3X.X X.4X.X $48l3X.X $60i6X.X $11,X0.X $11X0.X $18^ X,640.x ss4ax i lito.i XXOjX $iojoax $ixax $99ax fixax $ixax sasax s$4ax $i5,ooax $7xaooi $7X0.X $i,«o $233,S6a X,850.X $6X.X $7X0 5875„..d X.KO.O0j 51X0.X, 51.250.x; x,sx.ooj $20.0• 0X8 I. 90} s 04 • • 04o « ao f>J o 04 .ro - r BMder No. 1 Eaftk Bumorskic JfcWL UnHi ai MnDOT SMd Mn 70A AC 32 WootflberbUntMt SY 33 Fumis^ and plani0vef9rwn tree (blue apnice) 6* Ngh EA 34 Ftimith and plan! shade tree (sugar maple) CttaMlM EA Total Part 2 - Recloraion: Total Part 1 • SanNary Sewer Total Part 2 - Restorafon: Total Baae Bid 2 100 Cortbacior Nan* and Adtaess Pttone UaMPrtoo Total Bidder No. 2 WMater bic UnNPrioa BWdarNo.3 PannCofiireeSng $150.00 $1.50 $300.00 $30000 $300.00 $150.00 $3,000.00 $3,000.00 $19.36aOO Total $875.00 $225 $410.00 $1.7Se.OO $225.00 $4,100.00 m-ff. $1,200.00 $12,000.00 $76,850.00 $76,850.00 :so EartiBwneisIne 5910 FiaaionI St DiMh.MN 56007 (218) 6280454 Fax (1218) 628-0455 Signed By. Tide: Bid Security: TenyAndaraon Vice Praaider d Bid Bond Yes 42S0 Creefcview O'idei potoa2 St Bonriedus.MN 55375 (612)446-1405 (612)446-1836 Paul Winner Pres ide nt Bid Bond Yes UnM Price Tetal Bidder Na 4 FFJedNdifeM Unit Price $1,40000 $2.00 $450.00 $45000 $2,800.00 $200.00 $4,500.00 $4,500.00 $50.• ail $227.03200 $50,400.00 $777,432.00 13025 CetdialAveNESIe 200 Blidrw, MN SS434 (612)767-2141 (612)767-2545 OaanLiiMBrIaiig President BktBond Yee Totel $2,500.00 $4.00 $290.00 $750.00 ss.ooaoo $40000 $2,90000 $730000 $66,475.00 $2039000 156,47500 $2«.02S00 l4203W62ndSI EdvPliWe.MN 86940 (612>0M-7272 (612)994-7279 FratAJedfcW Preedent BUBond Yee 04 e e 04 O OOJ O04 a • • * • O'KVWI/vaM Yi0f BT-2 ro •Nj REQUEST FOR COUNCIL ACTION DATE: April 10. 2 ITEM NO.: Ill Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Award Contract for West Femdale/TH 12 Lift Station Project The bid opening for this project was held today at 2:00 p.m.. One bid from Ford Construction of Excelsior Minnesota was received. There were seven general contractors on the plan holder’s list. Four of these contractors had contacted us, viewed the project sites and were potential serious bidders. Our understanding is that the contractors all had serious concerns about difficult construction on the West Femdale segment of the project. This area is adjacent to Lake Minnetonka and the excavations will below the lake level. The TH12 lift station will be a relatively easy project to construct, so this project was combined with the West Femdale projects as an incentive to bid the Femdale lift stations. There is a lot of work again this season and the contractors are busy. The prices for lift station work have been escalating recently. We are not certain that any more interest or better prices will be received by rebidding the project. There is no-cost advantage to separating the segments into two separate projects. Also, both projects need to be completed this year. The TH 12 lift station needs to be completed before the new middle school opens because we will be out of sewer capacity during peak flow periods then. A $100,000 cost figure has always been assumed for this lift station. The West Femdale lift stations are in poor shape and we have budgeted $180,000 over the past two years for replacement and rehabilitation. Recently there have been several emergency repair situation s on these lift stations. They are steel canister lift stations, constructed in 1981, that are severely corroded. The City has worked with Ford Construction on four lift station rehabilitation and installation projects over the last several years as both a prime contractor and subcontractor. Lance Ford is very conscientious and one of the best contractors that has completed lift station projects for the City. Our recommendation is to award the contract to Ford Construction based on the facts; that the bid prices appear to fair and reasonable, based on the difficultly of the project; both segments of the project need to be completed this year; and the excellent quality of work by this contractor on numerous recent City lift station projects. COUNCIL ACTION REQUESTED: Motion to award contract for the West Femdale/TH12 Lift Station Project to Ford Construction Inc., Excelsior Minnesota in the amount of $305,886.00 I Bonestroo Rosene Anderlik & Associates Engineers & Architects April 10.2000 m 04/10/00 13:36 0 :02/04 M0:340 Boneuroo. Boi^, AnJcfhk Ano<Wtl me H Bn AtfirmMi^e Act^on/iquBt Optjortunity Brnploycr PrtncipjUt Otto G. 9on«siiOQ. PE • /oi*ph C Andertik, PE. • Mjivin L Sorw3lA. PE • Glenn R. Cook. P.E. • Rooert G Schument. PF • Jerry A Sourdon. PE • Rooerc W. Ro:enc. PE. Ricnard B TUmcr. P.E mB Susan M EDeriin. C PA . Senior Con5u*t Jncs Asiodate Pnnopity Howard A. Sanford. P.E. • Keifn A. Cordon. PE • Robert R. * Richard W Foster. PE. • David O Lofkota. PE. • Rooeri C. fussek. A.LA • Mark A. Hamori. Pi • Michael T. Rautmann. PE. • Ted K Pifid. PE • Kenneth P. Andeison. PE • Mark R Roifs. PP. • Sidney P wailamion. PE. L S • Robert F Kotimlth . Agrees M ffir^g • Allan Ricii Scnm«dt. PE Offices' St. Paul. Rochesrer wuimjr and St Cloud. MN • Milwaukee. wi Webfite wwwbor>ettraocorti Mr. Greg Gappa Director of Public Services City of Orono 2750 Kelly Pkwy PO Bo.x 66 Crystal Bay, MN 55323-0066 Re: 2000 Lift Station Projects BRA File No. 139-99-107 Dear Greg: One bid was received, as follow.?: Contractor Ford Construction Co., Inc. BidAmount $305,886.00 The base bid of $305,886.00 compares favorably to the engineers estiitwte of been reviewed and found in order. Therefore, we recommend that the project be awarded to Fo Construction Co., Inc., for the base bid amount of $305,886.00. Alter^te equipment was offered for a deduct of $6,000. If desired, the alternate equipment can be accepted after the award of the project. Should you have any questions, please feel free to contact me. My direct dial phone number is (651) 604- 4797. Yours very truly, BONESTROO. ROSENE. ANDERLIK & ASSOCIATES. INC. Enclosures JRH.kf 2J3S west HTghway 36 • St. Paul. MN SSII3 • 6SI-636-4600 • Fa»: 6S1 636-1311 I * V •» u •» B Bonestroo Rosene vji Anctefik & |\|| AssodMcs ingfnmt 4 ArcMifctf Piojed Mama: Famdaie Lift Slations and Hwy. 12 Bvpass Lift Stalion Project No - ------------------------------- Btd Onanirw. Aniil 10.2000 at 02:00 pn». FBa No.: Owner. 139-90-107 City otOiono Iheteb^ certityitMlhisismt ___reptoaucHonofbkhnMkf^. ^Tj2v2=L^i«^^22ida^=-ii (/ John RHmming, P.E. ^r-+ n^gbtmUon No. 24414 \ l Bidder No. 1 Ford Construction Co., Inc. UnKi 1 Highway 12 rolel BR stolon |-S 2 Valve manhole. IncWing n«ter «-S 3 Flow eorilrolmarhole. Including waif plato LS 4 r DIP saniMy sewer j-S 5 rpvcseHRvyMww 6 4*OIPIorosnialn ^ 7 4'OlPbands S 12•K4•we^lapw^alve « 9 cullnl2*i4*leewNalvo LS 10 Seedwftopsoa 11 SMdwilloiMl ^ 12 Class 5 aggregate b«e Total P«t 1 • Highway 12 Belial Lilt Station: Part 2 • Weet Farndale Lift Stations 13 Ufi Staton No. 2 rehoMitattonIncL gravity manhole 14 unStatonNo. 3 rehabOkaton 15 Lilt Staton No. 4 rehablltaton 16 Lift Slaton No. S rohalalllafon 17 Owky aewer MH 18 ConnBctioeidstog2*PEFM 19 2*HOPEFM 20 Coredriandlm1a62'FMInloeidsdnoMH 432 21 4* or 6* PVC service pk>e 22 Oranuiar borrow 23 Class 5 eggregale base 24 Class S aggregate base, 100% crushed limerook 25 BMumirvous base 26 Bituminous wear 27 Seedw/lopsoll 28 Sod w/lo(»o« 29 Furnish and InsWIEvergreanTroo (blue spruce arvl artxxvilaa) 6' high Total Part 2 • West Femdale Lilt Stations: LS LS LS LS LS EA LF LS LF TN TN TN TN TN SY SY * 1 1 l] II 10 ss 4 1' 1| 1001 200 30 1 fi I' 11 II 7 100 1 60 too 75 IS 30 30 200 300 UnH Price $74,000.00 $8,200.00 $4,000.00 $6oaoo $45.00 $80.00 $1,500.00 $2,200.00 $2.50 $2.50 $15.00 $121,641.00 $23,000.00 $23,000.00 $25,000.00 $1,000.00 $500.00 $10.00 $850.00 $30.00 $9.00 $14.00 $14.00 $90.00 $95.00 $2.50 $2.50 $200.00 Total BT-1 $74,000.00 $8,200.00 KOOO.OO $600.00 $450.00 $1,265.00 $320.00 $1,500.00 $2,200.00 $250.00 $500.00 $450.00 $93,735.00 $121,641.1 >^XII I •.00 ^000.00 $25,000.00 $1,000.00 $31500. $1,000.00 $850.00 $1,800.00 $900.00 $1,050.00 $210.00 $2,700.00 $2,850.00 $500.00 $750.00 $2,400.00 $212,151.00 QD) o4^ O 8 KM • 0 KMO oKM KM P-O lt«n Didder No. 1 Ford Consiructlon Co^ Inc. ToW Part 1 • HiglwMy 12 Raliof Lift Station; Total Part 2 • West Femdalo Uft Stations: Total Base BM ARemala Equipment Bids UnSUIKinNo.3 Manute clurer Otduol from Total Base Bid LM Staten No. 4 Manulaclurer: Deduct from Total Base Bid LMI Staten No. 5 Manuholurer OoducilromTotal Base Bid Other Aitemate EqiAprooid Nems non ft Deduct from Total Base Bid lieffltlS UnN Pries Total $93,735.00 $212,151.00 $305,856.00 Barnes Pump, Inc. NoMd Dames Pump. Inc. No bid Barnes Pump, Inc. No bid pumps & Controls ABS $3,soaoo Pumps & Controls ABS $2,500.00 ConbaciorName and fddress Phone: Fai Signed B TIte; Bid Security: Addenda Acknowtedged Ford Consinicton Co.. Inc. 1711 EKoeNnenCtrole Excelsior. MN 55331 (612)470^13 (612)470-9631 y; Lance R. Ford Prasidenl Bid Bend Yos e • •noftOtnWT vh BT-2 o 04 a a OJc> • a o o 04 o T.^TiTillMiaai m>k . ■ ■■ WM.v.^eoaM«4 1 J Bonestroo Rosene Anderllk & Associates Bidders List Engineers & Architects 233SWHW7 3A StfMPvlMNSSllS MI-A3A-M00 Bid Date and Time: Apr 10 2000 02:00:00 PM Project Name: Femdale Lift Stations and Hwy. 12 Bypass BRA File No.: 139-99-107 Client: City of Orono For further information call: John R Hemming (651)604-4797 Engineer's Estimate: $270,000.00 l 1 3 S’ & 1 Contractors Name Bid Bond Addendum (4)Total Base Bid Engineering & Construction Innovations Inc Quality Flow Sjfsteiiis'liif Ford Construction Co.. Inc.'5^5.086.00 Jay Brothers Inc / - CCS Contracting / Barbarossa & Sons Inc / Widmer Inc / F F Jedlicki Inc / Electrical Installation & Maintenance Inc IvW 'i'of PI 1pviP bidderitsLxls MBETINQ APR t 0 2000.REQUEST FOR COUNCIL ACTION 11 uh’ OHONO DATE: April 10, 2000 ITEM NO.: /3 *•« Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Update on Townline Road Access Background Information We have received a concept plan for a proposed access road east of Townline Road. This issue has been discussed at several previous Council meetings. There are four properties in Orono and one property in Medina that currently have access to Highway 12 via a shared driveway across the Burlington Northern Railroad tracks. These properties only have a "licence" from the railroad to cross the tracks which is not a guaranteed permanent option. Our understanding is that the railroad could revoke this licence at any time, thus leaving the properties landlocked. The railroad has indicated that their long range goal is to eliminate this crossing for safety reasons. Also, MNDOT’s goal is to eliminate the driveway access to Highway 12. An access road from Townline Road to serve these properties appears to be the best solution. To help facilitate closing the shared driveway access onto Highway 12, MNDOT has offered to pay for the construction of a new road to provide alternate access for these properties. MNDOT will pay for the road construction provided that the Cities or property owners provide the necessary Right of Way and easements. Concept Plan The attached concept plan shows a platted road that will serve a proposed subdivision in Medina and also provide access to the landlocked properties in Medina and Orono. The property in Medina is zoned for single family residential at a 30,000 square foot minimum lot size with sewer and water. There is existing sewer and water utilities in Townline Road. City of Medina staff has indicated that this will be a public road in Medina. Because only a small percentage of the Road is in Orono, we are recommending that the road in Orono up to the cul-de-sac also be a public road. To have only a small segment of private road at the end would not be practical or feasible for maintenance purposes. For routine maintenance of this road, our reconunendation is that an agreement be reached with the City of Medina for Orono to provide snowplowing for this road. Orono currently maintains Townline Road and has trucks in the area. This area is isolated from the rest of the City of Medina by the railroad tracks, and when the Townline Road railroad underpass is closed access from Medina to this area will be difficult. We currently have agreements s in place with the City of Medina for trading different segments of roads for plowing depending on which City has easier access. ------- i The public road would be platted with a 60-foot wide Right of Way and cul-de-sac at the Rudd’s east property line. Sixty feet is a standard Right of Way width in Medina, so it makes sense to continue this width to the end of the road. The proposed concept is for two driveways off of the cul-de-sac. One driveway will serve the Fraizer property. The other driveway would be a shared driveway to serve the Slaughter and Hickey properties. Our understanding is the Slaughter’s and Hickey’s have an access easement for a driveway across the Fraizer property. A copy of these easement documents should be provided to the City for our review to verify that there is a legal access for all of the properties. The road in Orono should be built to the same standards as the road in Medina. Varying the road standards for the small segment of road in Orono is not practical. Project Schedule This project will require plat approval in both Orono and Medina. Medina’s schedule is to have the plat approval process completed by July 1", so the process for securing funding from MNDOT can be started. Our understanding is that the proposed schedule for the road construction with MNDOT funding is scheduled for 2003 at the same time the new traffic signal is installed at the Highway 12/ County Road 29 intersection. We are recommending that this road be constructed as soon as possible to eliminate the hazardous driveway on Highway 12.The proposed schedule is for the Council to review and provide comments on this concept plan at this meeting. Rudd’s will then submit an application for preliminary plat approval for the May Orono Planning Commission meeting on May 15"*. Preliminary and final plat approval could then be completed by the Council in May and June to meet the July 1“ deadline. COUNCIL ACTION REQUESTED: Review and discuss proposed concept plan for a new access road east of Townline Road i i ^ ■ mfH 'n.«II ■■ i-i larti aTTMMMtiii ~------------... I I ii»f—M ra lOMWi&wiaak i j* i n Ku ■ Concept Plan 9??fer- t.'*j:#s.--is1'-i:/»« » ^ # i,// jW*^/ m.^ $ fit >»0X\jV DrtlKU/<*y .V A>k 7/A , i \Xttf ./ A T^i /T 7< j 4^*'mU.1i r/O \ 'y/“y'’^f •/ <Va«« ✓ / A pproXlw^flif^ SAobvnVi/«V« fo»»^ ArW, loo CALE <Voo 7 '/// I •» / _/iC ' #/' *x -V% N MV* y h\- 1 \»i ' -■' i'iT' ? / r-^ /V- \ •I • I ^,----'J-'- (/) ^ \-t.'J}^uooj :z I:» >‘*m X • l.J 4 . I'J f': .' - r * • (/) r •2J b*j s« I; X (/i O i’-*'' s u. •oj Uj ^ • »• t/i i# ^ J» 7) 7^# 0orz^ UnmM at pfO¥i^i bf cKmt J) Ihit Canctpf ^cn «f be Md m^yef oert dc 4) Stf—i te^t on Keahn Oho 4s$ede9m Sketch DATE: April 10. 2000 COUNCIL MEETING APR 1 0 2000 REQUEST FOR COUNCIL ACTION CITY OF ORONO ITEM NO.I.; /y Department ApproTal: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: VI Agenda Section: Engineer's Report Item Description: Sanitary Sewer Grant for I & I Rehabilitation The Metropolitan Environmental Services is offering matching grants for correction of inflow and infiltration problems in sanitary sewers. The City of Orono has a significant I & I problem because of high groundwater and sewers near Lake Minnetonka. This is the third round of grants available. The City obtained grants during the first two rounds. The intent of the MCES is to offer this program every two years. This application will be for work to be completed during 2000 and 2001 with the next grant application anticipated for the year 2002. Work in the Casco Point area is being proposed for this grant application. This is a 50% matching grant program. The proposed program for the next two years is for $60,000 to be spent on manhole and pipe rehabilitation. This results in a required City contribution of $15,000 per year for the next two years, total City amount of $30,0(X). There are funds appropriated in the 2000 budget for this work and continued budgeting of this money will be necessary in 2001. COUNCIL ACTION REQUESTED: Motion to approve resolution authorizing the submittal of an LT grant from the Metropolitan Council Environmental Services. A RESOLUTION AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR AN I/I REDUCTION LOAN OR GRANT TO THE METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES (MCES) WHEREAS, the city of Orono currently experiences substantial infiltration and inflow (I/I) into its sanitary sewer system; and WHEREAS, Orono has initiated, in recent years, a comprehensive program to reduce I/I, and WHEREAS, the MCES is offering a program of loans and grants for I/I reduction efforts. NOW, THEREFORE BE IT RESOLVED that the Orono City Council does hereby authorize the submittal of an I/I reduction loan or grant application to MCES and also does hereby authorize Gregory A. Gappa, Director of Public Services, and Ronald J. Moorse, City Administrator, to serve as subject matter contacts related to the grant. Adopted by the City Council this lOth day of April, 2000. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk REQUEST FOR COUNCIL ACTION **(>ETINQ APR 10 m, Date: March 29,2^8^^ •Item No: Department Approval:Administrator Reviewed:Agenda Section: Name: Title: Gary Cheswick Chief of Police M Item Description: Disposal of Used Squad Cars Exhibits:None DISCUSSION Upon receiving three (3) Year 2000 budgeted squad cars, the Police Department requests permission to dispose of the replaced old vehicles as permitted by City Ordinance. Squads #179, #180, and #181 will be placed for sale to the highest bidder. COUNCIL ACTION REQUESTED Request Council approve selling out-of-service squad cars to the highest bidder. L COUNCIL MEETING APR 1 0 2000 REQUEST FOR COUNCIL ACTION Cl IY Uh OaONO DATE: March 30,2000 ITEM NO: jip Department Approval: , Administrator Reviewed: Agenda Section: Name: Tom Kuehn ''7^ Administrator's Report Title: Finance Director fyi Item Description: Investment Report for the Year Ended December 31,1999 Attachment: Investment Interest Earned compared to Revenue Budgets, 1999 The unaudited statement of earned interest for the year ended December 31,1999, reflects interest earned of $497,411 compared to budgeted amounts of $433,530, for a favorable variance of $63,881. Asa comparison, interest earned in 1998 was $497,889, and interest earned in 1997 was $458,037. These amounts exclude all HRA investment earnings. The average yield for 1999 was 5.77%, excluding all HRA investments held by the Trustee. This compares with an average yield of 5.84% for 1998, and 6.07% for 1997. The investment portfolio, at cost, on December 31, 1999, was $9,787,546, compared to $9,121,841 on December 31,1998, and $8,963,626 on December 31,1997. On December 31,1999, the investments in trust for the HRA debt issues included $413,215 for the 1991 Public Facility Revenue Bonds, and $2,336,787 for the 1998 HRA Refunding Bonds. During 1999 the various HRA debt investments earned interest of $129,407. COUNCIL ACTION REQUESTED: Information item, no action required. \VPWIN60\WPDOC»TOM\IN\ RPT99.»pd Cit\ of Orono Interest Earned on Investments Comparison With Budget Year Ended December 31,1999 Prior Year Actual Over/(Under) Fund Actual Budget Actual Budget General Fund General $94,465 $70,000 $105,880 $35,880 Special Revenue Funds Park 4.618 6,450 9,068 2,618 Improvement & Equipment Outlay 21.188 20,240 25,674 5,434 Building Outlay 149.550 136,000 92,888 (a)(43,112) Debt Service Funds 1982 Improvement Bonds 2.653 200 3,013 2,813 1992 Improvement Bonds 40.374 32,620 40,512 7,892 1995 Refunding Bonds (1985 Imp Bonds)T.981 3,750 6,478 2,728 1997 Improvement Bonds 1999 Improvement Bonds 14.646 14,520 20,072 1,670 5,552 1,670 Capital Projects Funds Municipal State Aid Construction "861 —25,913 25,913 Permanent Improvement Revolving 21.992 25,900 24,902 (998) 1997 Sewer Construction 9.‘77 ——— 1998 Sewer Construction “—11,286 11,286 Enterprise Funds Water Operating 13.457 11,850 21,552 9,702 Sewer Operating 52.996 60,000 60,661 661 Sewer Operating Construction 41.355 40,000 30,908 (9,092) Golf Operating 14.976 12,000 16,934 4,934 Total $49".889 $433,530 $497,411 $63,881 HRA Debt Service Funds 1991 HRA Building Bonds (Trust)26.844 25,000 26,254 1,254 1998 HRA Refunding Bonds (Trust)73.127 —103,154 103,154 Grand Total All Funds $59~.860 $458,530 $626,819 $168,289 (a) The Building Outlay Fund investment interest earned is under budget because of the $475,000 loan to the Water Operating Fund for the Navarre water plant rehabilitation project, and the $341,000 temporary loan the 1998 Sewer Construction Fund. The interest earned on these two loans is $36,260. When the interest from the loans of $36,250 is added to the investment interest of $92,888, the total interest earned for the year is $129,148. The 1998 Sewer Construction loan was repaid in full at the end of 1999, while the Water Opera loan will be repaid over 15 years. TO.\r\IS%’ESTM9WUNT-Bl)DC im- APR 1 0 2000.REQUEST FOR COUNCIL ACTION DATE: April d ITEM NO: /1 I •5 Department Approval:Administrator Reviewed:Agenda Section: Name Ron Moorse City Administrator’s Title City Administrator Report Item Description: Scheduling of Council Work Sessions The Council has recently been scheduling Council work sessions on the afternoon of Council meetings. The City Administrator and two Council members, through their participation on the Long Lake Fire Station Planning Committee, will have meetings on the 2"^ and/or 4 “* Mondays of each month. The Council may want to consider returning to the Thursday morning work session schedule. COUNCIL ACTION REQUESTED: Motion to select a schedule for upcoming work sessions. ch COUNCIL MEETING REQUEST FOR COUNCIL ACTION APR 1 0 2000 DATE: FebruSyI(5^^8{iP*'‘° ITEM NO: / <5 Department Approval: Name Carole Haseman Title Deputy City Clerk Administrator Reviewed:Agenda Section: Licenses Item Description: List of Licenses for Council Approval RESIDENTIAL KENNEL LICENSE 1. Robert K. Sansevere 745 Orchard Park Road 2. John Redmond 2695 Casco Point Road COUNCIL ACTION REQUESTED: Motion to approve/deny the above listed licenses. KENNEL LICENSE APPLICATION Effective January 1, 200 _to December 31, 200 Owner: R!:CSIVED MAR ? 5 Pm CITl wr VJriOiVO Property Address: 3 C-Q l/tcj (include city and zip) Mailing Address (if different):______________________________________________ Phone: (home) /^/2> V^/'7/f7 _____(work) ^ ^ ‘2D /tJ RESIDENTIAL Kennel License Fee: $25.00 (payment must accompany application) Maximum No. of dogs to be kept at one time (over 6 monUis of age) irae: ^ Principal Breed: Purpose for more than 2 does: ______ Dogs normally kept: ____inside X. 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/exercise areas are:____inside___outside__both The undersigned hereby makes application to the Orono City Council for a Kennel License as specified on this form; the undersigned acknowledges that a kennel license is permissive only and docs not grant any authority to violate any provision of any City Ordinance or other law or regulation; the undersigned hereby grants the City permission to inspect the premises prior to license approval and at any other reasonable time during the license duration; and the undersigned agrees to abide by the requirements of Municipal Code Chapter 5.36 including any special conditions imposed by the City Council as pan of any kennel license approval. Z-zi-oo Date For City Use Only Kennel inspected by . Recommends: Approval ^/X penial Date O J> Owner;4 KENNEL LICENSE APPLICATION Effective January 1, 200_to December 31, 200 - K rtA/Ui 7^a Mailing Address (if different); (include city and zip) Phone: (home) 7 B (work) Q ^ "7 *7 RESIDENTIAL Kennel License Fee: $25.00 (payment must accompany application) Maximum No. of dogs to be kept at one time: (over 6 montbfr^f age)_E L- Principal Breed. ~ _______________________________________ Purpose for more th^2 dogs: ^ 6\.v^i ^ Dogs normally kept: inside kennel structure T-o/^ COMMERCIAL Kennel License Fee: $150.00 (payment must accompany application) Name of Business:_______ ' pAl-i 6/=- c- W) • Business Activities: (example: boarding, breeding, veterinary care, retail, etc.) Normal Business Hours;__________________________________ After Hours Contact: (name) (phone) Dog runs/exercise areas are:inside outside both The undersigned hereby makes application to the Orono City Council for a Kennel License as specified on this form; the undersigned acknowledges that a kennel license is permissive only and does not grant any authority to violate any provision of any City Ordinance or other law or regulation; the undersigned hereby grants the City permission to inspect the premises prior to license approval and at any other reasonable tune during the license duration; and the undersigned agrees to abide by the requirements of Municipal Code Chapter 5.36 including any special conditions imposed by the City Council as part of any kennel license approval. Applicant Date Fnr City Use Only Kennel inspected by Date Recommends: Approval Defiial » 7 Apr 2000 Fri 1:28 PH Check Register City of Orono Check Transaction \ 0 2WW Number Date Name Amount Counts ohono Check Number 61111 ADT SECURITY SYSTEMS 61111 06-Apr-00 ADT SECURITY SYSTEMS 361.09 SECURITY SRVC 4/1/00-01 61111 06-Apr-00 ADT SECURITY SYSTEMS 384.59 SECURITY SRVC 4/1/00-01 Totals Check Number 61111 ADT SECURITY SYSTEMS 745.68 Check Number 61112 AIRTOUCH CELLULAR/BELLEVUE 61112 06-Apr-00 AIRTOUCH CELLULAR/BELLEVUE 162.60 CELL PHONE SERVICE 61112 06-Apr-00 AIRTOUCH CBLUJLAR/BELLEVUE 13.92 CELL PHONE SERVICE 61112 06-Apr-OO AIRTOUCH CBLLULAR/BELLEVUE 13.91 CELL PHONE SERVICE 61112 07-Apr-00 AIRTOUCH CELLULAR/BELLEVUE 330.29 POLICE CELL PHONES Totals Check Number 61112 AIRTOUCH CELLULAR/BELLEVUB 520.72 Check Number 61113 ALISSA WINTERHEIMER 61113 06-Apr-00 ALISSA WINTERHEIMER 150.00 CC MINUrES 3/27/00 Totals Check Number 61113 ALISSA WINTERHEIMER 150.00 Check Number 61114 ALL STAR ELECTRIC 61114 06-Apr-00 ALL STAR ELECTRIC 84.88 RESTRM LIGHTING TO EM GEN 61114 06-Apr-00 ALL STAR ELECTRIC 172.36 RESTRM LIGHTING TO EM GEN 61114 06-Apr-00 ALL STAR ELECTRIC 70.44 HWY 12/WIL STRT LIGHT 61114 06-Apr-00 ALL STAR ELECTRIC 172.21 INSTALL ALARM SWITCH LS 3 61114 06-Apr-00 ALL STAR ELECTRIC 103.09 HW 12/OCBR STREET LIGHT 61114 06-Apr-00 ALL STAR ELECTRIC 1.445.92 INSTALL VEH PLUG IN Totals Check Number 61114 ALL STAR ELECTRIC 2.048.90 Check Number 61115 AT 1b T WIRELESS SERVICES • 61115 06-Apr-00 AT 6 T WIRELESS SERVICES 79.13 CELL PHONE SERVICE 61115 06-Apr-00 AT b T WIRELESS SERVICES 7.16 CELL PHONE SERVICE 61115 06-Apr-00 AT b T WIRELESS SERVICES 7.15 CELL PHONE SERVICE Totals Check Number 61115 AT b T WIRELE.SS SERVICES 93.44 Check Number 61116 AUGIES MOBILE CHEF 61116 06-Apr-ro AUGIES MOBILE CHEF 84.32 HOT DOGS. CHEESEBRGRS Totals Chack Nunbar 61116 AUGIES MOBILE CHEF Check Nunbac 61117 BIFFS INC. 61117 06-Apr-00 BIFFS INC. 84.32 27.72 PORTABLE - BIDERW0C3 PARK i E&aas leenNS 0 2000 orono 7 Apr 2000 Check Register Page Frl 1:28 PM City of Orono ♦ • Check Transaction Number Date Name Amount Comments Check Number 61123 CHUinCS LAKESHORE ALTO 61123 06-Apr-00 CHUNKS LAKESHORE AUTO 93.32 REPLACE FUSE HLDR 8182 61123 Ob-Apr-00 CHUNKS LAKESHORE AUTO 34.06 OIL CHG 8177 61123 06-Apr-OO CHUNKS LAKESHORE AUTO 34.06 OIL CHG 8183 61123 06-Apr-00 CHUNKS LAKESHORE AUTO 80.31 OIL CHG, RPE CONCTN il84 61123 05-Apr-00 CHUNI'.S LAKESHORE AUTO 270.54 OIL CHG, TUNE UP 8167 61123 06-Apr-00 CHUNKS LAKESHORE AUTO 159.92 OIL CHG, TRANS SRVCE il82 61123 06-Afr-00 CHUNKS LAKESHORE AUTO 37.72 OIL CHG, TRANS SRVCE »184 Totals Check Number 61123 CHUNKS LAKESHORE AUTO 1,190.97 Check Number 61124 CITY OF ROSEMOUNT MONICI-PALS 61124 07-Apr-00 CITY OF ROSEMOUNT MUNICI-PALS 25.00 SPRING BANQUET 61124 07-Apr-OO CITY OF ROSEMOUNT MUNICI-PALS 25.00 SPRING BANQUET 61124 07-Apr-00 CITY OF ROSEMOUNT MUNICI-PALS 25.00 SPRING BANQUET Totals Check Number 61124 CITY OF ROSEMOUNT MUNICI-PALS 75.00 Check Number 6112S DARE; AMERICA 61125 06-Apr-00 DARE AMERICA 54.01 DARE PLATES. MEMO PADS Totals Check Number 61125 DARE AMERICA 54.01 Check Number 61126 DAY DISTRIBUTING CC. 61126 06-Apr-00 DAY DISTRlBtrriNC CO.55.50 BEER FOR RESALE 61126 06-Apr-00 DAY DISTRIBUTING CO.78.30 SNACKS FOR RESALE Totals Che.k Number 61126 DAY DISTRIBUTING CO.133.80 Check Number 61127 LCA 61127 36-Apr-OO DCA 60.50 COBRA ADM 2/2000 Totals Check Number 61127 DCA 60.50 Check Number 61128 DCA - WIRE ONLY • 6112a 6112S 06-Apr-00 06-Apr-00 DCA - WIRE OTTuY DCA - WIRE ONLY Total* Check Number 61128 DCA - WIRE ONLY Check Number 61129 DE BAERE, DON 61129 06-Apr-00 DE BAERE. DON 222.01 1.495.33 SPENDING ACCTS-4/2/00 SPENDING ACCTS 3/19/00 1.717.34 14.63 BEIT FOR DRILL PRESS r 7 Apr 2000 Frl 1:20 PM Check Register City of Orono Check Rmnber Date Name Check N\inber 61129 61129 DE BAERE, DON 06-Apr-00 DE BAERB* DON Totals Check Number 61129 DE BAERS, DON Check Number 61130 DEMBOUSKI, JAY 61130 06>Apr-00 DEMBOUSKI, JAY Totals Check Number 61130 DEMBOUSKI, JAY Check Number 61131 DEPT OF ADM - INTERTECH GROUP 61131 07-Apr-00 DEPT OF ADM - INTERTECH 3313UP Totals Check Number 61131 DEPT OF ADM - INTERTECH 7?,ZUP Check Number 61132 E-Z RECYCLING 61132 06-Apr-00 E-Z RECYCLING Totals Check Number 61132 E-Z RECYCLING Check Number 61133 FEDEX 61133 06-Apr-00 FEDEX Totals Check Number 61133 FEDEX Check Number 61134 FIRSTAR TRUST COMPANY 61134 61134 61134 61134 07-Apr-00 07-Apr-00 07-Apr-00 07-Apr-00 FIRSTAR TRUST COMPANY FIRSTAR TRUST COMPANY FIRSTAR TRUST COMPANY FIRSTAR TRUST COMPANY 61135 Totals Check Number 61134 FIRSTAR TRUST COMPANY Check Number 61135 FRESHWATER FOUNDATION 06-Apr-00 FRESHWATER FOUNDATION Totals Check Number 61135 FRESHWATER FOUNDATION Check Number 61136 G & K SERVICES 61136 06-Apr-00 G 6 K SlRVICES ■ ■ II Transaction Amount 21.12 35.75 15.82 15.82 219.37 219.37 5,754.84 5,754.04 16.66 16.66 218.30 168.38 750.00 1,068.38 2,205.14 125.00 125.00 9.67 Page 4 Cofiments MILEAGE-SrWER SCHOOL LUNCHES-INTERVIEW SCHOOL PHONE SERVICE RECYCLING SERVICE 3/00 DELIVERY TO FLINT FISCAL AGENT FEE FISCAL AGENT FEE FISCAL AGENT FEE 7 Apr 2000 Check Register Pa Fri 1:28 PM City of Orono • • Check Transaction Number Date Name Amount Comments Check Number 61136 G k K SERVICES 61136 06-Apr-00 G k K SERVICES 86.84 MAT SERVICE - PH 61136 06-Apr-00 G 6 K SERVICES 15.28 UNIFORM - RATHBUN 61136 06-Apr-00 G k K SERVICES 72.04 UNIFORMS 61136 06-Apr-00 G & K SERVICES 57.20 MAT SERVICE - PD 61136 06-Apr-00 G & K SERVICES 15.28 UNIFORM - RATHBUN 61136 06-Apr-00 G a K sriviCES 74.67 UNIFORMS 61136 06-Apr-00 Q a K SERVICES 32.88 TOWEL SERVICE 61136 06-Apr-00 G a K SERVICES 15.28 UNIFORM - RATHBUN 61136 06-Apr-00 G a K SERVICES 9.67 UNIFORM - STEFF0IHAGEN Totals Check Number 61136 G a K SERVICES 388.81 Check Number 61137 GAFFRON. MIKE 61137 07-Apr-00 GAFFRON, MIKE 46.80 MILEAGE REIMBURSQ^IT 61137 07-Apr-00 GAFFRON, MIKE 16.25 MEALS - DEPOSITIONS Totals Check Number 61137 GAFFRON, MIKE 63.05 Check Number 61138 GENUINE PARTS CO. 61138 06-Apr-00 GENUINE PARTS CO.83.72 FLASHER 8432 61138 06-Apr-00 GENUINE PARTS CO.55.16 MUD FLAPS 8432 61138 06-Apr-00 GENUINE PARTS CO.5.06 TERMINALS 61138 06-Apr-00 GENUINE PARTS CO.19.33 CONNECTORS, WIRE TERM 61138 06-Apr-00 GENUINE PARTS CO.0.52 PATCH 61138 06-Apr-00 GENUINE PARTS CO.13.16 WIPER BLADES 61138 06-Apr-00 GENUINE PARTS CO.7.60 WINDSHIELD WASHER 61138 06-Apr-00 GENUINE PARTS CO.17.04 WIPER BLADES 61138 06-Apr-00 GENUINE PARTS CO.14.98 HOSE, FITTINGS 61138 06-Apr-00 GENUINE PARTS CO.10.64 GOJO 61138 06-Apr-00 GENUINE PARTS CO.5.93 A FRESH, FITTING Totals Check Number 61138 GENUINE PARTS CO.233.14 Page 5 Chtck Number 61139 GOVERNMENT TRAINING SERVICE 61139 06-Apr-00 GOVERNMENT TRAINING SERVICE Totals Check NunO>er 61139 government training service Check Number 61140 GRAFZX SHOPPE 61140 06-Apr-00 GRAPIX SHOPPE Totals Check Number 61140 QRAFIX SHOPPE Check Number 61141 HACH CHEMICAL CO. 193.00 193.00 729.00 729.00 CLERKS CONFERENCE SQUAD MARKING KITS r. 7 Apr 2000 Fri 1:28 PM Check Register City of Orono Check Number Date Name Check Number 61141 61141 HACH CHEMICAL CO. 06-Apr-00 HACH CHEMICAL CO Totals Check Number 61141 HACH CHEMICAL CO Check Number 61142 IIMC 61142 61142 06-Apr-00 06-Apr-00 IIMC IIMC Totals Check Number 61142 IIMC Check Number 61143 JOHN BABLER AUTOBODY 61143 07-Apr-00 JOHN BABLER AUTOBODY Totals Check Number 61143 JOHN BABLER AITTOBODY Check Number 61144 KENNETH N. POTTS. PA 61144 07-Apr-00 KENNETH N. POTTS. PA Totals Check Number 61144 KENNETH N. POTTS. PA Check Number 61145 KEYS WELL DRILLING 61145 06-Apr-00 KEYS WELL DRILLING Totals Check Number 61145 KEYS WELL DRILLING Check Number 61146 LEAGUE OF MN CITIES 61146 06-Apr-00 LEAGUE OP MN CITIES Totals Check Number 61146 LEAGUE OP ^CI CITIES Check Number 61147 LOGIS xl47 61147 61147 07-Apr-00 07-Apr-00 07-Apr-00 LOGIS LOGIS LOGIS Totals Check Number 61147 LOGIS Check Number 61148 LONG LAKE POWER EQUIPMENT 61148 06-Apr-00 LONG LAKE POWER EQUIPME.TT Totals Check Number 61149 LONG LAKE POWER EQUIPMENT Transaction Amount 100.80 100.80 95.00 65.00 160.00 1,424.58 1,424.58 2.391.66 2.391.66 28.45 28.45 193.15 193.15 792.00 792.00 35.00 1.619.00 4.14 4.14 Page 6 Comments WTR TEST SUPPLIES ANNUAL MBRSHP - VEE ANNUAL MBRSHP - KASEMAN REPAIR BLDG INSP TRUCK MARCH 2000 PROSECUTIONS 3/8- PACKING - WELL 83 DIR OF MN CITY OFFICIALS POLICE RECORDS l/OO POLICE RECORDS 2/00 UPDATE CICSO/ROUTER SPARK PLUG 4 1 full.!.' ■ - ir>i la ati a,a* i i wmw^ > ■ *1 7 Apr 2000 Fri 1:28 PM Check Register City of Orono Totsls Check Nurlser 61154 MINNEGASCO Check Humber 61155 MN CHIEF OF POLICE ASSN 1.5:6.45 Page 7 Check Transaction Number Date Name Amount Comments Check Number 61149 M 6 :P UTILITIES INC. 61149 06-Apr-00 MAP UTILITIES INC.47.50 LOCATE SERVICE GS #5 Totals Check Number 61149 M fc P UTILITIES INC.47.50 Check Number 61150 MCLEOD USA PUBLISHING %. 61150 07-Apr-00 MCLEOD USA PUBLISHING 26.00 DIR ADVERTISING Totals Check Number 61150 MCLEOD USA PUBLISHING 26.00 Check Number 61151 MEDICA CHOICE 61151 06-Apr-00 MEDICA CHOICE 4C4.46 BAL DUE 3/20 PREMIUM 61151 06-Apr-00 MEDICA CHOICE 202.23 APRIL INS PREMIUM 61151 06-Apr-00 MEDICA CHOICE 202.22 APRIL INS PREMIUM 61151 06-Apr-00 MEDICA CHOICE 2.051.24 APRIL INS PREMIUM 61151 06-Apr-00 MEDICA CHOICE 606.69 APRIL INS PREMIUM 61151 06-Apr-00 MEDICA CHOICE 606.66 APRIL INS PREMIUM 61151 06-Apr-00 MEDICA CHOICE 202.23 APRIL INS PREMIUM 61151 06-Apr-00 MEDICA CHOICE 2.444.49 APRIL INS PREMIUM 61151 06-Apr-00 MEDICA CHOICE 4.382.18 APRIL INS PREMIUM Totals Check Number 61151 MEDICA CHOICE 11.1:2.40 Check Number 61152 MIDWEST COCA COLA BOTTLING CO 61152 06-Apr-00 MIDWEST COCA COLA BOTTLING CO 994.20 SODA FOR RESALE 61152 06-Apr-00 MIDWEST COCA COLA BOTTLING CO 585.30 SODA FOR RESALE Totals Check Number 61152 HIDHEST COCA COLA BOTTLING CO 1.559.50 Check Number 611S3 MINNEAPOLIS OXYGEN COMPANY 61153 06-Apr-00 MINNEAPOLIS OXYGEN C0MPA.T/59.36 MEDICAL OXYGEN Totals Check Number 61153 MINNEAPOLIS OXYGEN COMPA.NY 69.36 Check Number 61154 MINNEGASCO 61154 06-Apr-00 MINNEGASCO 540.71 GAS SERVICE 61154 06-Apr-00 MINNEGASCO 23.67 GAS SERVICE 61154 06-Apr-00 MINNEGASCO 375.70 GAS SERVICE 61154 06-Apr-00 MINNEGASCO 459.17 GAS SERVICE 61154 06-Apr-00 MINNEGASCO 507.20 GAS SERVICE 7 Apr 2000 Pri 1:28 PM Check Register City of Orono Page 8 Check Number Date Name Check Number 61155 61155 MN CHIEF OF POLICE ASSN 06-Apr-00 MN CHIEF OF POLICE ASSN Totals Check Number 61155 MN CHIEF OF POLICE ASSN Check Number 61156 MN DEPT OF REVENUE 61156 61156 07-Apr-00 07-Apr-00 MN DEPT OF REVENUE MN DEPT OF REVENUE Totals Check Number 61156 MN DEPT OF REVENUE Check Number 61157 KCPERS GROUP LIFE INS 61157 06-Apr-00 NCPERS GROUP LIFE INS Totals Check Number 61157 NCPERS GROUP LIFE INS Check Number 61158 NEOPOST 61158 06-Apr-00 NEOPOST Totals Check Number 61158 NEOPOST Check Number 61159 NORTH STAR TURF 61159 06-Apr-00 NORTH STAR TURF Totals Check Number 61159 north STAR TURF Check Number 61160 NSP Transaction Amount 50.00 50.00 5.00 19.00 24.00 144.00 144.00 100.85 100.85 1,577.34 1,577.34 Comments POLCE CHIEF REFERENCE GDB SALES TAX 3/00 SALES TAX 3/00 APRIL PERA LIFE POSTAGE LABELS SHARPEN BIDS, REP BEARNG 61160 07-Apr-00 NSP 1,234.83 >:rREET LIGHTING 3/00 • 61160 07-Apr-00 NSP 551.27 ELECTRICAL SERVICE 61160 07-Apr-00 NSP 9.42 ELECTRICAL SERVICE 61160 07-Apr-00 NSP 135.80 ELECTRICAL SERVICE 61160 07-Apr-00 NSP 23.28 ELECTRICAL SERVICE 61160 07-; r-00 NSP 2,409.67 ELECTRICAL SERVICE 61160 07-Apr-00 NSP 1,058.18 ELECTRICAL SERVICE 61160 07-Apr-00 NSP 148.31 ELECTRICAL SERVICE Totals Check Check Number Number 61160 NSP 61162 OFFICE DEPOT 5,570.76 61162 06-Apr-00 OFFICE DEPOT 109.18 OFFICE SUPPLIES 61162 06-Apr-00 OFFICE DEPOT 92.44 TASK CHAIR — —-. - . >>iii |^^|^| 111II I II aanimBfsmrs 7 Apr 2000 Fri 1:28 PM Check Register City of Orono Check Number Date Name Check Number 61162 61162 OFFICE DEPOT 61162 61162 61162 06-Apr-00 06-Apr-00 06-Apr-00 06-Apr-00 OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT Transaction Amount 133.45 4.03 3.31 152.72 Page 9 Comments OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES LAMINATOR 61162 06-Apr-00 OFFICE DEPOT -8.22 RETURN - CALENDAR 61162 06-Apr-00 OFFICE DEPOT 132.98 OFFICE SUPPLIES 61162 06-Apr-00 OFFICE DEPOT 162.51 OFFICE SUPPLIES 61162 06-Apr-00 OFFICE DEPOT 51.59 OFFICE SUPPLIES 61162 06-Apr-OO OFFICE DEPOT 42.22 OFFICE SUPPLIES 61162 06-Apr-00 OFFICE DEPOT 87.65 OFFICE SUPPLIES 61162 06-Apr-00 OFFICE DEPOT 71.73 OFFICE SUPPLIES 61162 06-Apr-00 OFFICE DEPOT 47.20 OFFICE SUPPLIES 61162 06-Apr-00 OFFICE DEPOT 57.67 OFFICE SUPPLIES Totals Check Nu.:-.er 61162 OFFICE DEPOT 1.140.46 Check Number 61163 OLD DUTCH FOODS INC. S1163 06-Apr-00 OLD DUTCH FOODS INC.20.16 CHIPS FOR RESM*E Totals Check Number 61163 OLD DUTCH FOODS INC.20.16 Check Number 61164 OMAN, LYLE 61164 07-Apr-00 OMAN, LYLE 26.00 MILEAGE REIMBURSEMENT 61164 07-Apr-00 OMAN. LYLE 30.55 MILEAGE REIMBURSEMENT 61164 07-Apr-00 OMAN. LYLE 21.77 MILEAGE REIMBURSEMENT 61164 07-Apr-00 OMAN. LYLE 38.02 MILEAGE REIMBURSEMENT 61164 07-Apr-00 OMAN. LYLE 28.92 MILEA^ .XMBURSEMENT Totals Check Number 61164 OMAN. LYLE 145.26 Check Number 61165 PEPSI-COLA 61165 06-Apr-00 PEPSI-COLA 361.20 SODA FOR RESALE Totals Check Number 61165 PEPSI-COLA 361.20 Check Number 61166 POST BOARD 61166 06-Apr-00 POST BOARD 90.00 LICENSE - SCHOENHOFF 61166 06-Apr-00 POST BOARD 90.00 LICENSE - TOMCHECK 61166 06-Apr-00 POST BOARD 90.00 LICENSE - TOMC2YK 61166 06-Apr-00 POST BOARD 90.00 LICDISB - WITTKB Totals Check Number 61166 POST BOARD 360.00 i Check Number 61167 PRECISION BUSINESS SYSTEMS 7 Apr 2000 Fri 1:28 PM Check Register City of Orono Check Number Date Name Check Nun^er 61167 61167 61167 PRECISION BUSINESS SYSTEMS 07-Apr-00 PRECISION BUSINESS SYSTEMS 07-Apr-00 PRECISION BUSINESS SYSTEMS Totals Check Number 61167 PRECISION BUSINESS SYSTEMS Check Number 61168 PROTECTION ONE Check Number 61171 RUTTGER'S BAY LAKE LODGE 61171 07-Apr-00 RUTTGER'S BAY LAKE LODGE Totals Check Number 61171 RUTTGER'S BAY LAKE LODGE Check Number 6ii72 schoenhoff. John 61172 61172 06-Apr-00 06-Apr-00 SCHOENHOFF, JOHN SCHOENHOFF, JOHN Totals Check Number 61172 SCHOENHOFF, JOHN Check Number 61173 SNYDER DRUG STORES 61173 06-Apr-00 SNYDER DRl^ STORES Transaction Amount 175.00 140.00 315.00 270.06 270.06 10.19 13.45 23.64 5.74 Page 10 Comments MAINT AGREE - TRASCRIBERS MAINT AGREE - TRASCRIBERS 61166 06-Apr-00 PROTECTION ONE 168.99 QUARTELY ALARM SERVICE Totals Check Number 61168 PROTECTION ONE 168.99 Check Number 61169 PRUDENTIAL LIFE INSURANCE 61169 07-Apr-00 PRUDENTIAL LIFE INSURANCE 7.80 APRIL LIFE PREMIUM 61169 07-Apr-00 PRUDENTIAL LIFE INSURANCE 5.85 APRIL LIFE PREMIUM 61169 07-Apr-00 PRUDENTIAL LIFE INSURANCE 42.90 APRIL LIFE PREMIUM 61169 07-Apr-00 PRUDENTIAL LIFE INSURANCE 13.65 APRIL LIFE PREMIUM 61169 07-Apr-00 PRUDENTIAL LIFE INSL'RANCE 3.90 APRIL LIFE PREMIUM 61169 07-Apr-00 PRUDENTIAL LIFE INSURANCE 15.60 APRIL LIFE PREMIUM 61169 07-Apr-00 PRUDENTIAL LIFE INSURANCE 1.95 APRIL LIFE PREMIUM 61169 07-Apr-00 PRUDENTIAL LIFE INSURANCE 515.10 APRIL LIFE PREMIUM 61169 07-Apr-00 PRUDENTIAL LIFE INSURANCE 16.45 APRIL LIFE PREMIUM Totals Check Number 61169 PRUDENTIAL LIFE INSURANCE 623.20 Check Number 61170 REED VENDING 61170 06-Apr-00 REED VENDING 155.60 SNACKS FOR RESALE Totals Check Number 61170 REED VENDING 155 60 LODGING-MPWA CONF ELEMENTARY KIDS LLTICH LUNCH - GANG AWARNESS TNG PHOTO PROCESSING 7 Apr 3000 Check Register Frl 1:28 PM City of Orono Check Transaction Number Date Name Amount Comments Check Number 61173 SNYDER DRUG STORES 61173 06-Apr-00 SNYDER DRUG STORES 7.66 PHOTO PROCESSING 61173 06-Apr-OO SNYDER DRUG STORES 75.05 POLAROID FILM 61173 06-Apr-OO SNYDER DRUG STORES or 5.80 PUFFS 61173 06-Apr-OO SNYDER DRUG STORES 1.03 SIGN FOLDERS 61173 06-Apr-OO SNYDER DRUG STORES 22.21 PHOTO PROCESSING Totals Check Number 61173 SNYDER DRUG STORES 117.49 Page 11 Oieck Number 61174 sportacular 61174 06-Apr-00 SPORTACULAR Totals Check Number 61174 SPORTACULAR Check Number 61175 STANDARD SPRING 61175 06-Apr-00 STANDARD SPRING Totals Check Number 61175 STANDARD SPRING Check Number 61176 THRALL DIST. 61176 06-Apr-00 THRALL DIST. Totals Check Number 61176 THRALL DIST. Check Number 61177 UNIFORMS UNLIMITED 61177 61177 61177 06-Apr-OO 06-Apr-00 06-Apr-00 UNIFORMS UNLIMITED UNIFORMS UNLIMITED milFORMS UNLIMITED Totals Check Number 61177 UNIFORIIS UNLIMITED Check Number 61170 UNIV OF MINNESOTA 61178 07-Apr-00 UNIV OF MINNESOTA Totals Check Number 61178 UNIV OF MINNESOTA Check Number 61179 US WEST COMMUNICATIONS 61179 61179 61179 61179 06-Apr-00 06-Apr-OO 06-Api . / 06-Apr-OO US WEST COMMUNICATIONS US WEST COWUNICATIONS US WEST COWUNICATIONS US WEST COMMUNICATIONS Totals Check Number 61179 US WEST COFMUNICATIONS 110.50 110.50 537.65 537.65 351.88 351.88 74.23 35.25 9.67 119.15 120.00 120.00 54.22 43.67 61.77 213.40 373.06 SHIRTS - CRCNO PD TRUCK SPRI.N3S 8425 PIPE - GS ic UNIFORMS TOWEL SERVICE UNIFORM - 5TIFFENKA3EN MPWA SPRING CONE - GAPPA TELEPHONE-WTR PLNT TELEPHONE-ALA.RM DIALER TL^XPHONE-GILF CCC7-SS •BELLOW PAGE ADV 7 Apr 2000 Pri 1:28 PM Check Register City of Orono Check ^umber Date Name Check Number 61180 61180 61180 VILLAGE CHEVROLET 06-Apr-00 VILLAGE CHEVROLET 06-Apr>00 VILLAGE CHEVROLET Totals Check Number 61180 VILLAGE CHEVROLET Check Number 61181 VISU-SENER CLEAN k SEAL 61181 05-Apr-00 VISU-SEWER CLEAN k SEAL Totals Check Number 61181 VISU-SEWER CLEAN k SEAL Check Number 61182 WARNING LITES OF MN 61182 06-Apr-00 WARNING LITES OF MN Totals Check Number 61182 WARNING LITES OF MN Check Number 61183 WESTONKA HEALTHY COM COLLABRTV 61183 06-Apr-00 WESTONKA HEALTHY COM COLLABRTV Totals Check Number 61183 WESTONKA HEALTHY COH COLLABRTV Check Number 61184 HESTSIDE WHOLESALE TIRE 61184 06-Apr-00 WESTSIDE WHOLESALE TIRE Totals Check Number 61184 WESrSIDE WHOLESALE TIRE Grand Total Transaction Amount 47.26 27.84 75.10 12,636.25 12,636.25 68.55 68.55 50.00 50.00 40.00 40.00 67,093.24 Page 12 Comments PAD KIT 8432 BUSHINGS, PIN 8712 TEST & SEAL SEWER JOINTS SIGNS-MAIN BRK CTY19/MPLE I WHCC COMMUNITY DIRECTORY ' BALANCE TIRE 8432 6 Apr 2000 Thu 10:19 AM Check Register City of Orono Check Number Employee Name Check Number 047440 047440 PETERSON, BARBARA Totals Check Number 047440 Check Number 047441 047441 MOORSE, RONALD J. Totals Check Number 047441 Check Number 047442 047442 FLINT, RICHARD Totals Qieck Number 047442 Check Number 047443 047443 JABBOUR, GABRIEL E. Totals Check Number 047443 Check Number 047444 047444 KELLEY, CHARLES Totals Check Number 047444 Check Number 047f4S 047445 SANSEVERE, ROBERT K. Totals Check Number 04744S Grand Total Check Date lO-Apr-00 lO-Apr-00 lC-Apr-00 lO-Apr-00 lO-Apr-00 lO-Apr-00 Page 1 CTieck Amount 269.36 269.36 277.05 277.05 269.36 269.36 323.22 323.22 269.36 269.36 269.36 269.36 1,677.71 s Apr 2000 Iftd Is46 PM Check Register City of Orono Check Humber Date Name Check Number 61091 61091 CITY COUNTY CREDIT UNION 05-Apr-00 CITY COUNTY CREDIT UNION Totals Check Number 61091 CITY COUNTY CREDIT UNION Check Number 61092 FIRST NATIONAL BANK OF LAKES 61092 61092 61092 05-Apr-00 05-Apr-00 05-Apr>00 FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES Totals Check Number 61092 FIRST NATIONAL BANK OF LAKES Check Number 61093 ICMA RETIREMENT TRUST - 457 61093 05-Apr-00 ICMA RETIREMENT TRUST - 457 Totals Check Number 61093 ICMA RETIREMENT TRUST - 457 Check Number 61094 LAN ENFORCMENT LABOR SERVICE 61094 OS-Apr-00 LAW ENFORCMENT LABOR SERVICE Totals Check Number 61094 LAW EriFORCMENT LABOR SERVICE Check Number 61095 MINNESOTA CHILD SUPPORT PMT CT 61095 05-Apr-00 MINNESOTA CHILD SUPPORT PMT CT Totals Check Number 61095 MINNESOTA CHILD SUPPORT PMT CT Check Number 61096 MN DEPT OF REVENUE 61096 OS-Apr-00 MN DEPT OF REVENUE Totals Check Number 61096 MN DEPT OF REVENUE Check Number 61097 ORCHARD TRUST CO. TRUST2E/CUST 61097 OS-Apr-00 ORCHARD TRUST CO. TRUSTEE/CUST Totals Check Number 61097 ORCHARD TRUST CO. TRUSTEE/CUST Check Number 61098 PEBSCO/OBRA 61098 05-Apr-00 PEBSCO/OBRA Totals Check Nvimber 61098 PEBSCO/OBRA Transaction Amoiint 7,029.00 7,029.00 3,987.23 3,987.23 9,338.27 17,312.73 300.00 300.00 0.00 c.oo 179.51 179.51 3,753.52 3,753.52 2,186.68 2.186.68 30.58 30.58 Page l Comments SAVINGS W/H & TRANSFERRED FICA 6 MEDICARE W/H FICA.MEDCR CITY SHARE FEDERAL WITHHOLDING DEFERRED COMP W/H UNION DUES WH SKREEN 60010755723 STATE TAX W/H DEF COMP OBRA DEFERRED COMP tf/H • j.7irz S Apr 2000 Mtd 1:40 PH Check Register Cit/ of Orono Page 2 Check Number Date Name Check Number 61099 61099 PBBSCO/US CONF OF MAYORS 05-Apr-00 PEBSCO/US CONF OF MAYORS Totals Check Number 61099 PEBSCO/US CONF OF MAYORS Check Number 61100 PERA 61100 61100 05-Apr-00 05-Apr-00 PERA PERA Totals Check Number 61100 PERA Check Number 61101 UNITED MAY 61101 OS-Apr-00 UNITED HAY Totals Check Number 61101 UNITED HAY Check Number 61102 HISCONSIN SCTF 61102 05-Apr-00 HISCONSIN SCTF Totals Check Number 61102 HISCONSIN SCTF Grand Total Transaction Amount Comments 2,658.00 2,658.00 4.472.37 5.816.37 10.288.74 28.00 28.00 184.62 184.62 43,951.38 USCM DEFERRED COMP H/H PERA EMPLOYEE H/H PERA CITY SHARE CHARITY DONATIONS H/H J.JOSOISON -0002 7568 98 mmm J 5 Apr 2000 Ned 10:03 AM Check Register City of Orono Check Number Bmployee Name Check Number 047386 047386 JOHNSON, MARY ANN Totals Check Number 047386 Check Number 047387 047387 BERRY, ISIDI N. Totals Check Number 047387 Check Number 047388 047388 HASBMAN, CAROLE A. Totals Check Number 047388 Check Number 047389 047389 MOORSB, RONALD J. Totals Check t?unber 047389 Check Number 047390 047390 VBE, LINDA S. Totals Check Number 047390 Check Number 047391 047391 KUEHN, THOMAS M. Totals Check Number 047391 Check Number 047392 047392 OLSON, RONALD J. Totals Check Number 047392 Check Number 047393 047393 PETTIT, SANDRA K. Totals Check Number 047393 Check Number 047394 Check Date 05-Apr-00 05-Apr-00 05-Apr-00 OS-Apr-00 OS-Apr-00 05-Apr-00 OS-Apr-OO 05-Apr-00 Page 1 Check Amount 575.29 575.29 705.96 705.96 751.21 751.21 1,654.78 1,654.78 1,158.59 1,158.59 1,376.14 1,376.14 4.70 4.70 359.80 359.80 5 Apr 2000 Ned 10:03 AM Oieck Register City of Orono Check Number Employee Name Check Number 047394 047394 ANDERSON, BRUCE L. Totals Check Number 047394 Check Number 047395 047395 BOBZIEN, SUE A. Totals Check Number 047395 Check Number 047396 047396 BORIS. SCOTT W. To*:als Check Number C47396 Check Number 047397 047397 BUDIO. STACIE M. Totals Check Number 047397 Check Number 047398 047398 CARLSON. MICHAEL B. Totals Check Number 047398 Check Number 047399 047399 CHESMICK. GARY B. Totals Check Number 047399 Check Number 047400 047400 CORNICE. JAMES L. Totals Check Number 047400 Check Number 047401 047401 DEMBOUSKI. JAY C. Totals Check Number 047401 Check Number 047402 047402 ERICKSON. KURT R Check Date 05-Apr-00 05-Apr-00 05-Apr-00 05-Apr-00 05-Apr-00 05-Apr-00 05-Apr-00 05-Apr-00 05-Apr-00 Page 2 Check Amount 447.05 447.05 €60.02 660.02 1.018.58 1.018.58 662.41 662.41 446.81 446.81 1.548.37 1.548.37 1.824.04 1.824.04 1.458.98 1.458.98 1.276.41 I 5 Apr 2000 Med 10:03 AM Chedc Register City of Orono Check Number Employee Name Check Number 047402 Totals Check Number 047402 Check Number 047403 047403 PARNIOK* CORREY L. Totals Check Number 047403 Check Number 047404 047404 FISCHENICH, DAN T. Totals Check Number 047404 Check Number 0474OS 047405 FISCHER, CHRISTOPHER K Totals Check Number 047405 Check Number 047406 047406 JOHNSON. JEFFREY Totals Check Number 047406 Check Number 047107 047407 JOHNSON, BRADLEY P. Totals Check Number 047407 Check Number 047408 047408 MAOSON. ADRIE!^ M. Totals Check Number 047408 Check Number 047409 047409 MCNALLY. STEVEN A. Totals Check Number 047409 Check Number 047410 047410 MCNICHOLS. DAVID L Check Date 05-Apr-00 05-Apr-00 05-Apr-00 05-Apr-0C 05-Apr-00 OS-Apr-00 05-Apr-00 05-Apr-00 Page 3 Check Amount 1,276.41 1,636.74 1,636.74 1,301.95 1,301.95 1.209.30 1.209.30 879.83 879.83 1,270.24 1,270.24 527.13 527.13 1.232.82 1.232.82 555.53 4, r ■i—im r anti m tueiia ■ S Apr 2000 Med 10:03 AM Check Register City of Orono Check Number Employee Name Check Number 047410 Totals Check Number 047410 Check Number 047411 k 047411 N0R0WCZYNSKX« JAKES Totals Check Number 047411 ; Check Number 047412 047412 PERSELL. WILLIAM R. Totals Check Number 047412 Check Number 047413 047413 SCHOENHOFF, JOHN B. Totals Check Number 047413 Check Number 047414 047414 TOMCHECK, LAWRENCE P. Totals Check Number 047414 Check Number 047415 047415 TOMCZYK* MARX W. Totals Check Number 047415 Check Number 047416 047416 WITTKE, ANTHONY A. Totals Check Number 047416 Check Number 047417 047417 HENDRICKS, RONALD J. Totals Cheek Number 047417 Check Number 0474IB 047418 JENSEN, CHRISTOPt^ B. Totals Check Number 047418 Check Date 05-Apr-00 05-Apr-00 05-Apr-00 C5-Apr-00 OS-Apr-OO 05-Apr-00 05-Apr-00 05-Apr-00 Page 4 Check Amount 555.53 1,525.OB 1,525.08 299.85 299.85 1,389.50 1,389.50 5 ..38 573.38 1,284.23 1,284.23 837.19 837.19 €00.15 600.15 165.24 165.24 ir 5 Apr 2000 Wed 10:03 AM Check Register City of Orono Check Number Employee Name Check Number 047419 047419 B0TTEN3ERG, WENDY C. Totals Check Number 047419 Check Number 047420 047420 DAVIS, MARK L. Totals Check Number 047420 Qieck Number 047421 047421 GAFFRCN, MICHAEL P. Totals Check Number 047421 Check Number 047422 047422 GAPPA, GREGORY A. Totals Check Number 047422 deck Number 047423 047423 MEYER. WILLIAM C. Totals Check Number 047423 Check Number 047424 047424 OMAN. LYLE E. Totals Check Number 047424 Check Number 047425 047425 PENCE, CHRISTOPHER M. Totals Check Number 047425 Check Number C47426 047426 WEINBERGER. PAUL E. Totals Check Number 047426 Check Number 047427 047427 BRINXKAUS. JOHN P. Check Date 05-Apr-00 05-Apr-00 05-Apr-00 05-Apr-00 05-Apr-00 05-Apr-00 05-Apr-00 05-Apr-00 05-Apr-00 Page 5 Check Amount 1.001.40 1.001.40 1.081.98 1.081.98 1.171.33 1.171.33 1.636.84 1.636.84 487.37 487.37 476.82 476.82 873.37 873.37 1.183.11 1.183.11 1.065.67 I.■■■ »■, ‘ I «r SbA ^ 5 Apr 2000 Hed 10:01 AM Check Register City of Orono Check Number Employee Name Check Number 047427 Totals Check Number 047427 Check Number 047428 047428 DEBAERB, DONALD L. Totals Check Number 047428 Check Number 047429 047429 GREGORY. JPiMES D. Totals Check Number 047429 Check Number 047430 047430 HANSEN. STEVEN Totals Check Number 047430 Check Number 047431 047431 OBERAZQIER« SCOTT G. Totals Check Number 047431 Check Number 047432 047432 OBRIEN. RANDY L. Totals Check Number 047432 Check Number 047433 047433 PALMER. GREGORY A Totals Check Number 047433 Check Number 047434 047434 RATKBUN. BARRY J. Totals Chick Number 047434 Check Number 047435 04743S SKREEN. DALE S. Check Date 05-Apr-00 05-Apr-00 05-Apr-00 05-Apr-00 05-Apr-00 05-Apr-00 05-Apr-00 05*Apr*00 rage 6 Check ATcunt I.:-: €7 644.10 644.10 6:".93 6:-.93 1.C32.10 1.C32.10 S39.89 539.99 493.35 433.35 7T1.75 7-..75 931.:6 931.06 732.88 1 > 1 5 Apr 2000 Ned 10:03 AM Check Register City of Orono Check Humber Employee Name Check Humber 047435 Totals Check Humber 04743S Check Number 047436 047436 ABRAHAMSON, FRED H. Totals Check Number 047436 Check Number 047437 047437 ROFS. JOHN A. Totals Check Number 047437 Check Number 047438 047436 STEFFENHAGEN, RONALD E Totals Check Number 047436 Grand Total Check Date 05-Apr-00 05-Apr-00 05-Apr-00 Page 7 Check Amount 732.68 219.28 219.28 125.29 125.29 1,178.09 1,178.09 47,703.91 ¥ 7 Apr 2000 Fri 11:35 AM Check Number Employee Name Check Number 047376 047376 MOORSE, RONALD J. Totals Check Number 047376 Check Register City of Orono Page 1 Check Date 29-Mar-OO Grand Total Check Amount 1,929.01 1,929.01 1,929.01