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HomeMy WebLinkAbout10-09-2000 Council PacketPublic A ttendance Meeting Date /C ^ y~C C ouncil □ Planning C ommission □ Park C ommission □ Other Please fill out the information requested BELOW for our CITY RECORDS. I 'PRESENT FOR (from agenda) NAME (please print) ADDRESS 1. 2. 4 5 6.. 7.. 8.. 9.. 10. / J t/' A 3.53 NAME OR NUMBER ._\ - 3 ^ 6 V 11.. 12.. 13.. 14. 15. X:\APPS\WPW1N«VII'PfK)CS^JQRM5xPt'BUC.ATT L, , L IM Meeting REQUEST FOR COUNCIL ACTION ocr 0 9 2000 DATE) I OctaliMi( ITEM NO: Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed: Item Description: Public Hearing - Tax Rate - Resolution Agenda Section: City Administrator’s Report A law passed in the 1999 State legislative session requires that all cities over 500 population and all counties must hold a public hearing and pass a resolution; if the levy for the upcoming year increases such that, in the absence of an increase in tax capacity, the tax capacity rate would need to be increased. Very simply, what this means is that generally if a city is increasing its tax levy, it needs to hold this public hearing. The legislation created a new term, "Levy Certification Tax Rate," and set of calculations, used to determine the "tax rate" increase as defined in the new legislation. The City's Levy Certification Tax Rate for 2000 is 12.28%, and for 2001 is 13.28%. What this generally indicates is that if the City's tax capacity was held constant, the City's proposed levy for 2001 would cause the City's tax rate to increase. This requirement was passed due to a concern that cities and counties were claiming they were freezing taxes, when in fact the levy was increasing but the tax rate was frozen due to tax base growth. Under the law, a baseline tax rate is calculated using the prior year's levy and the current year's tax base. If the proposed levy will result in an increase in the tax rate over the baseline tax rate, the City Council must adopt a resolution at a public hearing to approve the tax rate. This resolution must be filed with the County Auditor by October 20. A resolution is attached for Council consideration. COUNCIL ACTION REQUESTED: Motion to adopt the attached resolution authorizing a tax rate for the 2000 tax levy collectible in 2001 that is greater than the Levy Certification Tax Rate for the 1999 tax levy collectible in 2000. t-A RESOLUTION AUTHORIZING A TAX RATE FOR THE 2000 TAX LEVY COLLECTIBLE IN 2001 THAT IS GREATER THAN THE "LEVY CERTIFICATION TAX'RATE" FOR THE 1999 TAX LEVY COLLECTIBLE IN 2000 WHEREAS, new State legislation has created a new tax rate term called the "Levy Certification Tax Rate" that is substantially different from the standard tax rate. The Levy Certification Tax Rate is calculated using the current year's tax capacity and the prior year's tax levy. This tax rate is then compared to a tax rate calculated using the current year's tax capacity and the upcoming year's tax levy. The purpose of the Levy Certification Tax Rate is to show the impact of the tax levy on the tax rate independent of any increase in tax capacity; and WHEREAS, the new State legislation requires that if a City's tax rate for the year 2001 tax levy is greater than the Levy Certification Tax Rate for the year 2000 tax levy, the City must adopt a resolution authorizing an increase in the tax rate for the tax levy collectible in 2001. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orono, County of Hennepin, Minnesota, that the County Auditor is authorized to fix a property tax rate for taxes payable in the year 2001 that is higher than the "Levy Certification Tax Rate" calculated pursuant to Minnesota Statutes 275.078 for the City for taxes levied in 1999, collectible in 2000. Adoption of this resolution does not prohibit the City’ from certifying a final levy that will result in no tax rate increase or a tax rate decrease. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Hennepin County, Minnesota. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held October 9,2000. ATIEST:Gabriel Jabbour, Mayor Linda S. Vee, City Clerk X\ArrSVWFWIN6AWPOOCS'JJ!«Bi;DCrnTiii Km r«t Page 1 of 1 5- . r. MINUTES OF THE ^ ORONO CITY COUNCIL MEETINQ'"^""" ’ MONDAY, SEPTEMBER 25,2000 nPT Q Q 900(1 3 CITY Ur utiuixo ROLL The City Council met on the above-mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members Charles Kelley, Barbara Peterson, Richard Flint, and Bob Sanse /ere. Representing City Staff were City Administrator Ron Moorse, City Attorney Kevin Staunton, Senior Planning Coordinator Michael Gaffron, 2k)ning Administrator Paul Weinberger, Assistant Zoning Administrator Wendy Bottenberg, City Engineer Tom Kellogg, Public Services Director G. eg Gappa, and Recorder Jackie Young. Mayor Jabbour called the meeting to order at 7:01 p.m. CONSENT AGENDA 1. Approve/Amend Item Nos. 7, 8, and 9 were added to the Consent Agenda. Peterson moved, Sansevere seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *(H2) Regular Council Meeting of September 11,2000 Peterson moved, Sansevere seconded, to approve the minutes of the Regular City Council Meeting of September 11,2000, as submitted. VOTE: Ayes 5, Nays 0. Canvassing Board Meeting of September 14,2000 Peterson moved, Sansevere seconded, to approve the minutes of the Canvassing Board Meeting of September 14,2000, as submitted. VOTE: Ayes 5, Nays 0. PARK COMMISSION COMMENTS - Irene Silber, Representative Silbcr reported the playground equipment for the Navarre Park has been ordered and will be delivered approximately October 9 , \%ith installation of the equipment to begin immediately. LAKE MINNETONKA CONSERVATION DISTRICT - Lili McMillan, Representative McMillan reported the LMCD has asked the member cities if they would be willing to support an increase in the water patrol presence on Lake Minnetonka, with a majority of the cities indicating they would be willing to share some of the cost. McMillan stated the LMCD is proposing that 50 percent of the funds would come from Heimepin County, 30 percent from the PAGEl 'f MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 25,2000 (LMCD, Continued) LMCD member cities, and 20 percent from the LMCD “Save the Lake" Fund. McMillan stated the funding at this time needs to be voluntary and cannot be mandated by the LMCD since the budget has already been submitted and approved. Mayor Jabbour stated in his view one reaction from the residents will be why a fee cannot be charged to the people who launch their boats on Lake Minnetonka and use the money to pay for the additional water patrol. Jabbour stated the State’s constitution prohibits charging a fee for launching boats on the lake. Jabbour commented the City of Mound is licensed for 519 boat slips for people who do not live on the lake, which represents approximately 25 percent of all the marina docks on Lake Minnetonka. Jabbour stated we need to explain to the residents the dynamics of how much time is spent by law enforcement agencies in patrolling the lake and how this effort needs to be better supported by the LMCD member cities. McMillan concurred that the LMCD needs to consider doing a user survey for people who use the lake to determine how many people are utilizing the lake that do not live in the immediate area. Mayor Jabbour stated in his opinion the local fishing boats on the lake are not the problem. McMillan conunented a letter from the City of Orono to the LMCD supporting this item would be very helpful. McMillan stated the LMCD does not have an exact amount that each Member City will need to contribute towards this cause. It was the consensus of the City Council to support the funding of the additional water patrol. Jabbour moved, Kelley seconded, to direct City Staff to draft a letter to the LMCD supporting the funding of the additional water patrol in the amount of $5,072.33. Sansevere suggested City Staff also draft a letter to the Member Cities who are not supporting the funding of the additional water patrol encouraging reconsideration of their participation. McMillan stated dv.« LMCD hopes to have a decision from the Supreme Court in the near future on the water patrol issue. VOTE; Ayes 5, Nays 0. PLANNING COMMISSION - Elizabeth Hawn, Representative Hawn indicated she would be present at tonight’s meeting to answer any questions the City Council may have regarding any of the applications to be heard tonight. PAGE! MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 25,2000 PUBLIC COMMENTS Jim Murphy addressed the City Council regarding the new Highway 12 corridor, noting the Mayors of Long Lake and Orono have assisted in the cities' attempt to obtain funding in the amount of $90 million for this project. Murphy conunented since the two cities had been working on the issue of consolidation over the past year, this item has been put somewhat on hiatus. Murphy noted one of the major issues involved in consolidation was the impact the new Highway 12 corridor would have on this area and the &ct that Long Lake would lose its City Hall, Public Works Department and Fire Department as a result of the improvements to the highway. Murphy indicated he has spoken with Tony Winiecke, Mn/DOT, ^^o will be doing the final design work on this project. Mn/DOT will be letting bids for Stage I, which is the piece of construction between the two intersections of Wayzata Boulevard and old Highway 12 on the east and Highway 12 and Highway 6 on the west. Murphy stated the major goal at this time is to relocate die railroad, with letting of the bids scheduled for the year 2002. Murphy stated Mn/DOT is anticipating a completion date for this ph. se of the project to be completed in the fidl of 2005 or the spring of2006. Stage II will be let in the spring of 2004, with construction expected to be completed in the year 2006. Murphy stated Mn/DOT will be approaching the residents affected by the new Highway 12 corridor in the near future. Murphy recommended the City of Orono work closely with Mn/DOT on this issue in order to help protect the rights of the residents who will be impacted by the construction. Mayor Jabbour thanked Jim Murphy for his efforts on this project. ZONING ADMINISTRATOR'S REPORT (M) ff2596 BRENSHELL HOMES, 1181 WILDHURST TRAIL - CLASS III SUBDIVISION PRELIMINARY PLAT APPLICATION Steve Behnke, Brenshell Homes, and Tern Stok», Brenshell Homes, were present. Weinberger stated Brenshell Homes is proposing a five lot development located at 1181 Wildhurst Trail, which was reviewed by the City Council at their last meeting, and idso reviewed by the Planning Commission at their lak meeting at the request of the City Council. Weinberger stated a number of concerns, which were raised by the residents in the area, have been addressed by the developer. Weinberger stated one issue City Staff has reviewed is whether this property would need to be governed by the bluff ordinance. City Staff has determined the lot does not meet all the criteria to be considered a bluff. Weinberger stated another issue of concern related to slopes, and slope protection has been addressed. Weinberger stated City Staff has reviewed this issue to insure that there is sufficient erosion control and natural environmental protection in this area. The areas on proposed Lots 2 and 5 near the ravines is primarily the concern regarding potential erosion and the stormwater management ponds. City Staff feels those issues have been addressed in the proposed grading and drainage plan. Weinberger stated conservation easements would be placed PAGE 3 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 25,2000 {H2S96 Brenshcli Homes, Continued) over the eastern third or half of Lots 2 and 3, which means that no land in that area or slopes may be disturbed during the construction phase or in the future by the property owner. Weinberger noted tlic conservation easement would cover the area where a pond is proposed on Ut 1. Weinberger stated another area of concern was over proposed Lot 5, where a ravine is located. Weinbergti stated a conservation easement would be placed over the area to insure that no building or land alteration would occur in this area. In addition, drainage casements w'ould also be placed over the ponds that arc proposed for this development. Weinberger stated a third concern raised by the residents was in regards to a wetland area in the area of Lot 1. Weinberger stated City StafFhas reviewed two separate wetland delineation reports., one which was created in 1997 and the one submitted by the Applicant. The report created in 1997 delineates a small T>pe I wetland area approximately 1,000 square feet on Lot 1. Weinberger stated for zoning pur, oscs, this Type I wetlands would not count against buildable area, and if the wetland should be altered in conjunction with this construction, appropriate mitigation w ould be required on the site by the M.C.W.D. Weinberger stated if the Watershed District were to make a finding that this is a wetland area, this property contains sufficient area in which to provide protection for that wetland. Weinberger stated the wetland report submitted by the Applicant docs not delineate any wetlands on the property. A site inspection was completed by the developer’s wetland consultant and found that there was no evidence supporting a wetland in this area. Weinberger stated a fourth issue raised by the residents dealt w ith drainage and the potential impact to the surrounding properties. Weinberger stated the conservation and ponding areas on the property would help protect the area, with the developer proposing to redirect the drainage towards the stormwater management ponds. Weinberger stated an area approximately two and a half acres located in the center of the property currently drains toward the southerly ravine and dowm the slope towards Wildhurst would be redirected through a storm sewer system and into the northern pond and eventually into the northern ra\ inc. The City Engineer has reviewed the drainage calculations and the drainage on the property and has determined that rates of water runoff following construction w ould not increase but would in fact be decreased dramatically to the southern ravine due to the redirection of the water runoff to the pond on Lot 5. Weinberger stated drainage swales would also be constructed towards the back of the houses to help redirect any water runoff, w hich would redirect water runoff coming from Lots 2 and 3 to the slopes. Weinberger stated City Staff does not have a problem with granting lot width variances to Lots 2 and 3 since this is a property that fronts on a cul-de-sac. Weinberger stated the developer has allowed adequate room to allow for a driveway and meet the required structure setbacks. Weinberger stated if Staff w ere to measure the entire w idth of the lot from the center of the property line to the side property line, both lots far e.xceed the 140 feet that would be required for this zoning district. Weinberger noted each of the lots have frontage on a public roadway, which is Wildhurst Trail, and at the structure setback, both lots also e.xceed the 140" feet width. Staff has determined that the developer could develop lots in this area that would meet lot width, but it would require extension of the road and cul-de-sac. Staff prefers the location of the road and cul- PAGE4 Si*.- p MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 25,2000 (#2596 Brenshell Homes, Continued) de-sac as presently proposed since it allows for bette*’ redirection of stormwater and requires less grading and less hardcover on the propert>'. The Planning Commission voted four to three to recommend approval of the request by the Applicant for a five lot plat. There were concerns expressed by some of the members of the Planning Commission regarding the wetland delineation as well as final determinations regarding the protection of the ravines and the environmental impacts of developing this property. Weinberger stated if City Council would recommend approval of this application, City Staff would recommend approval be subject to the following conditions: 1 . Lot width variances be approved for Lots 2 and 3. 2. Drainage and utility easements be dedicated on the final plat 10 feet along exterior property lines and five feet along interior property lines, stormwater detention pends located on lots 1 and 5. 3. Drainage easements shall be dedicated for the lower ravine located on Lot 2 and a conservation and flowage easement shall be dedicated over the south portion of Lot 2 to ensure the higher elevations of the ravine are also protected. 4. A conservation easement be placed over Outlot A to protect the ravine from any land alteration and vegetation removal and over the east side of Lots 2 and 3. 5. Utility installation shall require directional bored lines under Wildhurst Trail and bcrivcen Lots 2 and 3. 6. Subdivider shall satisfy all concerns and requirements noted in the letter dated August 15, 200, by Tom Kellogg, City Engineer. Steve Behnke, Brenshell Homes, stated they have addressed the concerns regarding slopes and vegetation by dedicating in excess of two acres in conservation easements, with the homeowner’s association being responsible for the maintenance of the stormwater ponds as required. Behnke stated their wetland delineation report is currently being reviewed by the Watershed District. Behnke stated if the Watershed District does determine that there is actually a wetland in the area, they are w illing to comply with whatever requirements are required by the Watershed District. Behnke stated they are in agreement with the easements being requested and the conditions being recommended by City Staff on this property. Behnke stated it his opinion the lots meet the required w'idth and are in fact in excess of the requirements. Tom Stokes, Brenshell Homes, stated they have reached an agreement with John Culliton to purchase Lot 3, who has indicated it is not their intent to construct a structure on this lot. PAGES iA:, ! K m MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 25,2000 {U2S96 Brenshell Homes, Continued) Stokes presented a brochure from Charles Cudd, Builder, illustrating the type of housing to be constructed within this development. Mayor Jabbour commented the style of the house is not relevant at this time but the City Council is more interested on the impact the development will have on the area. Kelley inquired whether the developer would not be able to disturb any land located within the conservation easement. Weinberger stated the the land within the conservation easement would not be altered. Kelley inquired whether any regrading would be done on Lots 2 and 3, which are contained within the conservatior »sement. Weinberger stated the conservation easement language for the portion located next to the house would allow for the regrading of the house but following completion of tlie regrading work, no further land alteration could be done in this area. Weinberger stated a drainage easement will be taken over the drainage swales. Kelley noted some land alteration and tree removal will occur behind the houses on Lots 2 and 3 in order to achieve the proper drainage. Sansevere inquired how the selling of Lot 3 would impact the drainage being proposed for this area. Sansevere inquired whether the proposed regrading on Lot 3 would still occur. Stokes indicated it would be ii' to the propcrt}' owner to determine what grading will occur on the property. Mayor Jabbour commented that perhaps language should be included in the resolution that no home will be built on Lot 3 to insure that no residence will be constructed in the future. John Culliton, 1131 Wildhurst Trail, stated they have not discussed anything beyond the purchase of the lot. Culliton stated it is not his intention to construct a structure on the property at this time. • • Kelley commented the City does not have any protection that a house will not be built on this lot in the future. Flint inquired if the conservation easement is at contour 1014, what the level of the cul-de-sac is at. Weinberger stated the cul-de-sac is at 1023. Flint inquired what the height of the berm and the ditch would be at. Behnke stated the drainage swale would be at 1016, with the area at the rear of the houses being k- —PAGE 6 : ■ MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 25,2000 (#2596 Brenshell Homes, Continued) at 1021. Behnke stated the berm would be essentially a foot and a half higher than the existing grade to create the drainage swale. Behnke stated the holding ponds will meet N.U.R.P. standards. Mark Kjolhaug, 26105 Wild Rose Lane, Shorewood, stated his company has completed the wetland determination on the property. Kjolhaug commented it was his understanding the wetland in question is not delineated on the City ’s wetland inventory. . Mayor Jabbour stated a report completed in 1997 shows a w etland in the area. Kjolhaug stated they have viewed the site and found based on their study of the land and the type of soils and vegetation in the area that no wetlands exist on the property. Kjolhaug stated the Watershed District is evaluating their information at the present time and will be providing their comments in the near future. Kjolhaug stated the Watershed District has given preliminary approval to their wetland report but would like to compare it with the study done in 1997. Mayor Jabbour inquired what would happen if the Watershed District does determine that a wetland exists in this area. Behnke stated a Type 1 wetland is not counted against the dry buildable area. Kjolhaug stated it was his understanding the 1997 report described it as a Type I wetland. Mayor Jabbour stated if this preliminary plat were approved tonight, it would be subject to the recommendations of the Watershed District. Kjolhaug stated th'*ir determination that no wetland exists in this area was based primarily on the absence of wetland soils and hydric soils, which are not affected by rainfall. Mayor Jabbour inquired if a Type I wetland w ere to be found in this area, whether a conservation easement would be granted over the area. Weinberger stated the City would receive a conservation easement over the wetland, which is all that is required for a Type I wetland. Behnke stated they are subject to the Watershed District’s review and approval of the drainage and grading plan for this development following preliminary plat approval. Mayor Jabbour noted that although the public hearing was held at the Planning Commission, he would allow some public comment regarding this application. Sandy Rasmussen, 1186 Wildhurst Trail, stated the residents in this area do support an appropriate development for this area but not one that would negatively impact the area. Rasmussen stated the issues that have not been addressed in their view deal with the delineation of the wetlands, water runoff, erosi<m, preservation of the natural environment, and the steepness of the slopes. Rasmussen requested the City Council further address their concerns prior to PAGE? MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 25,2000 (1^2596 Brenshell Homes, Continued) approval. Rasmussen stated as it relates to the delineation of the wetlands, the residents in the neighborhood requested Barr Engineering conduct a review of the area to determine whether a wetland does indeed exist in this area. Rasmussen stated the report completed by Barr Engineering does show a forested wetland located approximately 100 feet northwest of the south ravine, which may be substantially larger than the wetland indicated in 1997. Rasmussen stated the area meets the three critical criteria for determination of a wetland and this issue needs to be further addressed. Rasmussen stated one of the central issues relating to this development relates to the impact to the watershed as a result of the water runoff and erosion that may occur with this development. Rasmussen stated a third concern is the issues relating to the road alignment of Garden Lane to the cul-de-sac, has apparently been addressed by changing the road to be perpendicular. Rasmussen stated what has not been addressed is the relationship of Garden Lane and Tonka view, which is an extremely steep and narrow roadway with a number of driveways accessing that roadway. Rasmussen stated the driveway in the immediate vicinity of Garden Lane is hidden from view by foliage and is within several 100 feet of the area being recommended for an intersection. Rasmussen stated she is unsure whether this issue has ever been addressed, and requested that this matter be reviewed. Rasmussen stated the fourth issue of concern deals with the erosion and water runoff both during and following construction. Rasmussen stated the possible erosion and water runoff from this development will affect the whole area and has not been adequately addressed. Rasmussen stated in her view the removal of the tree canopy is not in compliance with Orono’s Visibility Ordinance. Rasmussen stated it is her understanding that an area at least 250 by 450 feet will be cleared of all trees and will result in a big gaping hole which will be there for many years and change the character of the view of the lake. Rasmussen stated Orono’s Municipal Code, Section 11.60 says in the preservation of the natural features and the amenities that all trees on the subdivision plan required to be retained shall be preserved, and all trees where required shall be welled and protected against grading. The vegetation map shall show the number ?nd location of existing trees as required by this Chapter and shali further indicate all those marked for retention and the location of all proposed shade trees. Rasmussen stated they have not received any indication which trees will be retained and which trees will be lost, which raises a number of concerns. Rasmussen presented the Citv ’ Council with some color photographs depicting the area to be develqjed and the tree canopy as it exists today. Rasmussen stated another issue is the definition of dry buildable area and the steepness of the slopes in the area. Rasmusssen indicated the slopes on Lots 2, 3, and 5 contain slopes which are greater than 12 and 18 percent slope and contain soils which arc not suitable for development. Rasmussen stated in her view the majority of the lot area is not buildable and docs not meet the City ’s ordinance due to the slopes in the area. Rasmussen quoted Municipal Code, Section 11.30, which states land which Council finds to be unsuitable for subdivision or development due to flooding, improper drainage, steep slopes, soil conditions, rock formations PAGES MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 25,2000 {U2S96 Brenshell Homes, Continued) and adverse earth formations or topography, utility easements or other features which will reasonably be harmful to the safety, health, and general welfore of the present or future inhabitants of the subdivision and/or the surrounding area shall not be subdivided or developed unless adequate methods are formulated by the developer and approved by the Council upon recommendation of the City Engineer to solve the problems created by the unsuitable land conditions. Rasmussen stated a number of these conditions e.xist on this site which make this property difficult to develop and need to be fully addressed. Rasmussen expressed concerns regarding the conservation easements, and also encouraged the City Council not to approve the lot width variances since a hardship has not been demonstrated. Mayor Jabbour commented the people in the audience perhaps should be info» i •<-d as to how the City Council processes these applications. Jabbour stated the City Council did h:>ld a work session with the City Attorney who informed them if the City Council does not adhere to their ordinances, the City no longer has an ordinance. Jabbour stated the denial or approval of any application needs to be documented, with the City needing to hear any application within a certain period of time. Jabbour stated the City has in place a number of procedures to insure that all of these issues are addressed prior to final plat approval. Jabbour stated the developer is also required to file with the City a letter of credit to insure that all conditions are met to the satisfaction of the City Engineer and City Staff Rasmussen urged the City Council to use their full authority to insure that all the conditions are satisfactorily met on this development. Kathleen Kasprick, 1067 Linden Lane, inquired whether Orono’s shoreland ordinance was being reviewed with in this application, noting that Section 10.56 has not been included in the list of pertinent ordinances in Staff s latest report. Kasprick stated that any work commenced on this property is under the umbrella of the shoreland management ordinance. Kasprick expressed concerns that this ordinance was not being kept in mind when considering this development. Weinberger indicated City Staff has applied Section 10.56 when considering this application. Kasprick also expressed concerns regarding the wetland delineation on this property. Mayor Jabbour stated the Watershed District reviews the wetland delineation reports and will make whatever recommendations are appropriate. Jabbour stated if a Type 1 wetland is fouii..^ to exist on this property, the dry buildable area will not be affected, but should a Type II wetland be found on the property, the developer would need to meet certain conditions as required by the Watershed District. Kasprick questioned why the lot width variances need to be granted on this development since it appears to only benefit the developer. Kasprick stated in her view there has not been a hardship demonstrated. Mayor Jabbour stated the granting of the variances is to help protect the natural environment and to allow the natural drainage of water. PAGES h MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 25,2000 (^2596 Brensheli Homes, Continued) Weinberger stated City Staff feels both the cul-de-sac and Wildhurst Trail front yards since Lots 2 and 3 both front on a public roadway, which requires a 35 foot setback but is not necessaiy' in this case since a conservation easement will be placed over the ''nd. Weinberger stated the hammerhead driveway has been eliminated from the present plan, with the present plan to be review ed by the Fire Chief prior to final plat approval. Flint commented his interpretation of Section 11.30 stated development will not be done unless adequate methods are formulated by the developer and approved by the City Council upon recommendation of the City Engineer to solve the problems created by these unsuitable land conditions. Flint stated until the Citv Council is satisfied that those methods are formulated and approved, that the City does not have to grant the subdivision approval. Mayor Jabbour stated an appropriate plan for this area must be submitted and approved in order for the City Council to approve the preliminaiy' plat. Jabbour stated if City Staff is comfortable with the plan being presented, the City Council should consider approving it. Behnke inquired whether the City Engineer was comfortable with the level of the plan as presented tonight. Tom Kellogg, City Engineer, stated he does not have a problem with the calculations completed by the surveyor. * Mayor Jabbour stated if the plan meets City’s standards and requirements, he would have a difficult time not to approve the application. Behnke stated the water runoff in a 100 year event to the south ravine will be reduced by 90 percent, with the water runoff along Wildhurst being reduced by 30 percent, and the water runoff in the north ravine being reduced by 10 to 15 percent. John Dunn, 1131 Wildhurst Trail, expressed concerns with the slopes and the soils in the area, noting this is not a typical property to develop and presents some unusual conditions to work with. Dunn stated the slopes and grades need to be further analyzed on the front end to determine what more realistically can be built in this area. Dunn stated it is the view of Barr Engineering that there still are some problems with this development that have not been fully addressed, with the type of soils needing to be further analyzed. Dunn stated in his view i^** ' Planning Commission had been fully informed of all the issues regarding this application, a different dcvclr '*ment would have ensued. Dwight Affeldt, 4765 Tonkaview Lane, expressed concerns regarding the impact the development will have on the traffic flow in the area. Affeldt stated he did raise this issue with the Planning Commission, but in his view his concerns have not really been addressed by the developer. Affeldt commented that currently there arc 17 children under the legal driving age who live on Tonkaview Lane and who regularly walk on the roadway to get to and from the bus dropoff. Affeldt stated Tonkaview also experiences considerable traffic from people who utilize that road rather than County Road 19 and is a substandard roadway. Affeldt requested the City Council take these issues into consideration. PAGE 10 --------mm twi<bf»» . ■ - MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 25,2000 (#2596 Brenshell Homes, Continued) Steve Bell, 4455 West Branch Road, stated in his view the City Engineer has not addressed the steep slope ordinance in his August 15 letter, and inquired whether the City Engineer is comfortable that the developer has met all the terms and conditions of the steep slope ordinance. Mayor Jabbour stated it is his understanding the Zoning Administrator determines that and not the Cit>’ Engineer. Jabbour commented that most walkout houses have 30 percent slopes. Gaffron stated by the granting of the conservation easement, the slopes in this area will not be changed. Gaffiron stated the creation of the drainage ponds will also help protect the slopes and improve the water quality in this area. Gaffron stated in his view the plan being presented tonight meets the standards of the steep slope ordinance. Bell inquired how long construction would last. Gaffron stated typically installation of sewer, water, and roads takes appro.ximately nine months to one year before the lots are buildable. Gaffron stated the time in which the houses will be constructed on the lots can range anywhere from two months to 20 years depending on when the lots are sold. Stokes stated they are estimating 60 days if construction begins in the spring. Bell inquired whether a plan has been submitted regarding erosion control and stormwater management while construction is ongoing. Gaffron stated the developer will be required to comply with the City ’s standards relating to erosion control and stormwater management, with regular inspections being conducted by the City Engineer to insure that the conditions are being adequately met. Mayor Jabbour stated the letter of credit would stay on file with the City until all the conditions are satisfactorily met. Mayor Jabbour inquired whether the property owner of Lot 3 would need to pay a park dedication fee or sewer assessment. Gaffron stated the City will collect a park dedication fee and sewer assessment on Lot 3 since it would be considered part of the subdivision. Bell inquired what hardship has been demonstrated for the granting of the lot width variances. Weinberger stated the hardship is protection of the natural areas near Wildhurst Trail, with the extension of the road allowing those areas to be better protected and to allow for the creation of the retention plans. The variances would allow the City to better protect the drainage ravines and a greater portion of the steep slope along Wildhurst Trail. Weinberger stated both lots do demonstrate buildable sites. Bell expressed concern that this plan would be approved subject to a number of conditions. PAGE 11 I**' MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 25,2000 (#2596 Brenshell Homes, Continued) Mayor Jabbour stated the developer will be required to meet whatever conditions are outlined in the resolution, with a number of safeguards being in place to insure that those items are completed to the satisfaction of City Staff Larry Brown, 4775 Tonkaview Lane, expressed concerns awarding the increased traffic flow they will e7q)eriencc from this development, noting there arc some safety issues relating to the intersection. Kelley conunented the City will need to look at what steps need to be implemented to alleviate the st^ety concerns of the residents during construction as well. Stokes stated they would be willing to direct traffic in another direction. Shirley Bull, 4690 Tonkaview Lane, expressed concerns regarding the intersection, noting a dangerous situation is being created due to the number of driveways in the area and the close proximity of a curve. Sansevere inquired how the tree canopy will be affected by this development. Stokes stated the majority of the trees to be removed are smaller scruffy trees. Stokes stated they need to remove some trees in an effort to achieve the proper drainage in this area. Rasmussen requested that all trees to be retained and removed be identified and be included in the required conditions of approval. Flint inquired where the location of the trail would be from this development to Saga Hill Park. Weinberger stated the trail would be connected to the end of the cul-de-sac to an area further to the north where it would access to the park. Weinberger stated the exact location of the trail has not been identified at this time. Flint suggested the trail should be bituminous. Stokes indicated he would be willing to make this a bituminous surfice if the City so desires. Flint stated in his view the trail should be delineated. Stokes commented a well-traveled trail does already exist in the area. Gaffron indicated the park is located directly west of the cul-de-sac. A resident in the audience questioned whether the granting of the variance which would lessen the impact to the land constitutes a hardship. Gaffron stated the developer without the variances could make the cul-de-sac longer and would be more detrimental to the land. PAGE 12 k MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 25,2000 (#2596 Brenshell Homes, Continued) Mayor Jabbour stated the hardship is characteristic to the land and the circumstances surrounding it. Jabbour stated the developer could meet all the requirements to build without a variance, but the granting of a variance lessens the impact to the area by reducing the amount of hardcover and the impact to the slopes. Sansevere noted the final plat cannot be approved without the wetland delineation. « Weinberger pointed out the developer is proposing public roads for this development. Flint indicated he is not able to support this application due to the concerns he has regarding Lots 2 and 3 and whether adequate measures have been taken in accordance with Municipal Code, Section 11.30. Flint noted some members of the Planning Commission recommended one or both of the lots not be developed. Peterson moved, Kelley seconded, to approve Application #2596, Brenshell Homes, 1181 Wildhurst Trail, for a Class III Subdivision, subject to the conditions outlined in the September 14,2000 Planner’s Report, subject to the review and approval by the Watershed District of the wetlands and drainage and grading for this development, subject to the preservatio.i of the mature trees and walking path in this development, and further subject to additional conditions deemed necessary by City Staff. Mayor Jabbour stated as part of the development agreement there will be covenants on the land for preservation of all mature trees outside the construction boundaries. Stokes indicated he is agreeable to that provided they are able to remove the trees necessary in order to achieve the proper drainage as approved by the City Engineer. Sansevere thanked the residents for their input on this application, noting in his view most of the concerns raised have been addressed by the developer. Sansevere encouraged the residents keep the members of the City Council apprised of the progress made during construction and to report any problems they feel exist. VOTE ON THE ABOVE MOTION: Ayes 4, Nays 1, Flint Opposed. (Recess taken from 9:56 p.m. - 10:07 p.m.) *(#5) #2613 JAMES AND DEBRA RENCKENS, 3020 WATERTOWN ROAD - VARIANCE - RESOLUTION NO. 4526 Peterson moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4526, a Resolution granting a variance to allow the placement of an accessory structure between the principal building and the front lot line where no accessory structures are normally allowed for the property located at 3020 Watertown Road. VOTE: Ayes 5, Nays 0. PAGE 13 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 25,2000 •(#6) #2618 JOHN WALKER, 1368 NORTH ARM DRIVE - VARIANCE - RESOLUTION NO. 4525 Petenon moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4525, a Resolution granting a side yard setback to permit an addition to the existing residence located at 1368 North Arm Drive. VOTE: Ayes 5, Nays 0. •(#7) MARINA LICENSES Peterson moved, Sansevere seconded, to direct City Staff to issue 2000 commercial marina licenses to Windward Marina, Genmar/King*s Cove, Sailor’s World, and North Shore Marina. VOTE: Ayes 5, Nays 0. Mayor/Council Report follows Item No. 11 PUBLIC SERVICE DIRECTOR’S REPORT *(#8) NAVARRE PARKING LOT PAVING Peterson moved, Sansevere seconded, to approve reclaiming and repaving of the Navarre Municipal Parking Lot at a cost of S50,000, to be funded from the **Infrastructure (road/bridge) projects” component of the PIR fund and approval of a budget adjustment to reflect this expenditure. VOTE: Ayes 5, Nays 0. *{U9) REQUEST FOR PAYMENT #1 - EAST LONG LAKE/FOX RIDGE SEWER PROJECT Peterson moved, Sansevere seconded, to approve Request for Payment #1, East Long Lake/Fox Ridge Sanitary Sewer Project to Minncomm, Inc., in the amount of $65,379.00. VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR’S REPORT (#11) POLICE CHIEF SELECTION PROCESS - UPDATE AND DISCUSSION WITH HARRY BRULL Brull apprised the City Council on the efforts being taken in the selection of a new police Chief. Brull stated he is receiving a good response from interested applicants and will forward to the City Council information prior to the applicants being interviewed by the Council. Brull noted the mayors of Long Lake and Minnetonka Beach have indicated they do not wish PAGE 14 lYlTBil MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 25,2000 (#Police Chief Selection Process, Continued) to participate in the formal interview process but would like to meet the candidates prior to a selection decision being made. Brull recommended a reception be held following the interview process to provide an opportunity for the contract city mayors, conununity leaders, and the Orono department heads to meet the candidates. Brull indicated they will also be speaking with each member of the police department prior to a police chief being selected. Moorse commented a profile of each applicant to be interviewed will be developed, and suggested a work session be held in which this matter can be discussed prior to the interviews occurring. Kelley recommended all letters of reference be verified. Brull stated all references will be checked, as well as secondary references being provided. The City Council expressed concerns that this process be completed prior to the beginiung of the new year. The City Council directed City Staff to schedule interview sessions for Tuesday, November 14, 2000,9:30 a.m. to 1:00 p.m., and Thursday, November 16,2000,7:30 a.m. to 11:30 a.m. Brull indicated he will invite the other mayors to meet the candidates during a lunch break following the interview process. (#10) SCHEDULING OF COUNCIL WORK SESSIONS The City Council directed City Staff to schedule a work session for Thursday, October 26,2000, at 7:30 a.m., and October 12 at 7:30 am. MAYOR/COUNCIL REPORT Peterson noted that the City Administrator, Council Member Kelley and herself have met with the Fire Department regarding the new fire station. Peterson stated three families have been notified of the possibility that their properties may be taken. Peterson noted they will be meeting again in a couple of weeks to discuss the conclusions of David Kroos regarding other options that have been explored. Mayor Jabbour commented in his view the financial implications of a new fire station have not been fully considered. Kelley stated there will not be a decision on the new fire station until early next year, with construction to begin next summer. Kelley commented in his view the City of Orono should look at restricting the use of phosphorus in fertilizers or promoting that phosphorus-free fertilizer be utilized whenever possible. Kelley PAGE 15 i 14 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 25,2000 (Mayor/Counctl Report, Continued) noted the City of Plymouth has restricted the use of phosphorus. Flint stated in his view Orono should promote the use of phosphorus-free fertilizer. Moorse stated phosphorus-free fertilizers have been available for years. CITY ATTORNEY’S REPORT None (1^12) LICENSES Peterson moved, Sansevere seconded, to approve the following licenses: Gambling (Resolution) 1. Mound Westonka Hockey Association, Inc., - Resolution No. 4527 The Narrows Saloon, 3380 Shoreline Drive VOTE: Ayes 5, Nays 0. (#13) BILLS Peterson moved, Sansevere seconded, to authorize payment of the All Accounts Fund. VOTE: Ayes 5, Nays 0. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 9:52 p.m. ATTEST; Linda S. Vee, City Clerk Gabriel Jabbour, Mayor PAGE 16 A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A CLASS III SUBDIVISION FOR PROPERTY LOCATED AT 1181 WILDHURST TRAlt - FILE NO. 2596 WHEREAS, Brenshell Homes (hereinafter the "subdivider") on May 17,2000, filed a formal subdivision application with the City for approval of a residential plat of property legally described as: Lot 2, Block 1, Heathercroft, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 ct. seq. and the City of Orono's Zoning and Subdivision Codes, the Orono Planning Commission held public hearings on June 19, 2000 and August 21, 2000 at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meetings held on September 11, 2000 and September 25, 2000, the Orono City Council considered the subdivision application of the subdivider noting the following findings of fact: 1.The property is located within the LR-IB Single Family Lakeshore Residential Zoning District requiring a minimum of one acre of contiguous dry buildable land within each newly created lot. 2. The property contains a total of approximately 7 acres of land. 3.The proposed plat consists of five residential lots each meeting the minimum lot standard requirements of the LR-IB, Single Family Lakeshore Residential Zoning District, except as follows: Lots 2 and 3 front on the proposed cul-de-sac and do not meet the defined minimum 140' lot width requirement as measured at the rear line Page 1 of/B 7 rr m 4. 5. 6. 7. 8. 9. of the defined front yard. Lot 2 has a defined width of 110’ and Lot 3 has a defined width of 126'. However, the granting of a lot width variance for these lots is justified by the fact that each of Lots 2 and 3 contains a suitable building site meeting all required lot line setbacks without the need for further variances. Lots 2 and 3 are 'through* lots subject to a conditional use permit requirement for placement of any accessory structures. Each of these three Lots contains sufficient width and building envelope to accommodate a single family residence. The property contains areas with greater than i2% slopes which are defined as “steep slopes” by the Code. Section 10.56, Subdivision 16 (G) requires permit requests for development of properties within the Shoreland Overlay District and on steep slopes to include adequate information to allow the City to evaluate possible soil erosion impacts before the permit can be issued. The subdivider has provided a grading and drainage plan that addresses the issues. The subdivider has proposed a storm'vater management plan which will include stormwater ponding, storm sewers where appropriate, and vegetated buffer areas, to provide for stormwater quality and quantity management. The outlets from the ponds would control the rate the stormwater would exit the ponds. Lots 2 fuid 3 will require a drainage swale to redirect water runoff to the pond on Lot 1. The portions of the Lots below the 1014' contour will be protected by a conservation easement. The conservation easement would protect the natural grades and vegetation on the slope. Drainage Easements will be dedicated on the final plat for the ponds, ravines and swale. 10. All seven Lots shall be served by a private road designated on the plat as Outlot B. Page 2 of,8'7 11. Access to the development will require construction by the^developer of a public road within the dedicated public right-of-way known as “Garden Lane ”. NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat application of Brenshell Homes for property located at 1181 Wildhurst Trail per preliminary plat drawings by Coffin & Gronberg, Inc., dated September 12, 2000, subject to the following conditions: (General Conditions) 1.A variance will be granted for width of Lots 2 and 3 which do not meet the 140' width requirement of the LR-IB District. 2. Setbacks for all principal residence construction shall be as depicted on the preliminary plat drawing. (Roads) 3. 4. 5. 6. Outlot B as shown on the preliminary plat drawings shall be dedicated on the final plat as a public road. Subdivider shall construct a public road in Garden Lane and within the new public road right-of-way to be dedicated on the plat. City Engineer shall approve the alignment of the Garden Lane and Tonkaview intersection. All Lots except Lot 5 shall access to the new public road dedicated in the plat. No direct access to Garden Lane from any Lot shall be permitted, except for the driveway access to Lot 5. Subdivider shall provide final street plans prior to final plat approval. A geotechnical analysis, R-value recommendation and pavement design calculations shall be submitted for review and approval by the City Engineer and Director of Public Works prior to final plat approval. All curb and gutter shall be concrete. Streets shall be constructed to City public road standards. Page 3 of/ ^ ItJ (Stormwater Management) 7. 8. Subdivider shall construct stormwater management improvements generally as shown on the Preliminaiy Grading, Drainage and Erosion Control Plan dated September 12, 2000 subject to any revisions of said plan as may be required by the City Engineer. A final Grading, Drainage & Erosion Control Plan must be approved by the City Engineer prior to final plat approval. Both NURP stormwater ponds shall have outlet structures constructed to City Standards that provide skimming to the 100-year storm event. Storm sewer design and calculations should shall be provided for review. Final plans shall be subject to approval by the MCWD, and final plat approval will not be granted until the MCWD has approved all grading and drainage improvements on the property. Subdivider shall adhere to the “Best Management Practices for Protecting Water Quality in Urban Areas”. Subdivider shall grant easements over all drainageways and stormwater ponds within the plat, as follows: 1.Standard drainage and utility easements shall be dedicated on the final plat 10' along exterior property lines and 5' along interior property lines, and over stormwater detention ponds located on Lots 1 and 5. 2.Drainage easements shall be granted over the lower ravine within Lot 2 and a conservation and flowage easement shall be granted over the south portion of Lot 2 to ensure the higher elevations of the ravine are also protected. 3.A conservation easement shall be granted over Outlot A to protect the ravine from any land alteration and vegetation removal, and a simjlar easement shall be granted over the east side of Lots 2 and 3. 4.The legal description and language of all easements shall be approved by City staff and the City Attorney. Page 4 ofX f 9.The stormwater ponds shall be privately owned and maintained per the appropriate maintenance documents to be executed by the subdivider. The subdivider shall create a homeowners association for such ’ownership and maintenance. The easements over said ponds shall grant the City authority to require maintenance of said ponds by the Homeowners Association. (Tree Protection and Planting)) 10.Subdivider shall provide a site plan identifying all mature trees and areas of vegetation that exist on the property, and identify all trees that will not be removed. Trees to remain on the property shall be physically marked and identified by fence prior to any land alteration on the site. 11 . Subdivider shall plant boulevard trees along the private road per the requirements of Section 11.60, Subd. 2. (Soil and Slope Protection) 12.All areas of steep slopes (slopes in excess of 12%) which are disturbed or created by grading of the site shall be sodded upon reaching final grade, and sod shall be staked in place and maintained to ensure slope and soil stability and to avoid erosion on the site. During construction, silt fence shall be maintained around all areas where the existing soils and vegetation are disturbed. City shall have the authority to require extraordinary measures as may be deemed necessary to protect the slopes on the site from erosion. 13. Utility installation shall require directionally bored lines under Wildhurst Trail and between Lots 2 and 3 to avoid disturbing existing surface soils and vegetation. (Trail Construction and Park Dedication) 14. A trail connection shall be made by the subdivider from the end of Garden Lane to the park area to the west. The trail shall be of bituminous surfacing. Final location and design shall be approved by the City Engineer and Director of Public Services. 15. Subdivider shall pay the standard Park Dedication Fee per City ordinance. Page 5 oL^ f (Utilities) 16. The standard sewer connection fee shall be paid for 5 new lots. 17. Subdivider shall be responsible for installation of all utilities to serve the 5 lots. Sanitary sewer design and installation shall be subject to approval by the City Engineer and Director of Public Services. (Building Permits) 18. No building permits will be issued until the road base work and all stormwater management and utility improvements have been completed by the subdivider and approved by the City. (Developers Agreement) 19.This development shall be subject to a Developers Agreement to be executed between the City and the subdivider. Road, utility and stormwater management facility construction can begin as soon as final plans have been approved by the City and other necessary authorities and the Developers Agreement has been executed. (Final Plat Approval) 20.Subdivider is hereby advised that preliminary subdivision approval will expire one year from the date of Council preliminary plat approval. Should the subdivider fail to complete the filing of the final plat application within the year deadline, it shall be necessary for the subdivider to file a new preliminary subdivision application with the City. Final Plat Submittals: The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. These submittals are as follows: Page 6 of^ 7 • • \ r I f*’. rl ^ . / ., -i’ - !' • 1.Record plat drawings in the form of two (2) mylar copies (one copy for the City's records and one for filing with Hennepin County) and one (1) copy reduced to 1" = 200'. Drawing to include: ’• a. Lot lines platted per preliminary survey by Coffin & Gronberg, dated September 12, 2000 on file with the City of Orono. b. Dedication of drainage and utility easements 10' wide along the exterior boundaries of property and 5' along the internal lot lines. c.Designation and dedication of drainage easements over detention ponds and drainageways as shown on preliminary grading, drainage and erosion control plan. d. Conservation easements shall be granted over the areas below the 1014' contour over Lots 2 and 3. e. Dedication of Outlot B as.public right-of-way rather than as an outlot. f. The naming of plat. 2. Legal documents required: a.Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. b.The applicant must provide certified copies of all recorded, easements currently affecting the property. c.Signed and executed Developer's Agreement and letter of credit for 150% of approved site improvements and construction of roads, stormwater and drainage facilities, etc. d. Signed and executed Conservation Easement for land below the 1014' elevation within Lots 2 and 3. Page 7 of J8^ c.Signed and executed Drainage Easements to be taken over drainageways and detention areas within plat. f. Completed "Application for Road Name". 3. Fees to be paid: Total due: $400.00* a. Final plat fee = $200.00 S‘ '■I b. Legal review and filing fees for subdivision and associated documents = $200.00 c. *Park Dedication Fee: amount shall be determined as soon as City Assessor has placed a fair market value on the undeveloped land at the time of preliminary plat approval. The subdivider shall be advised as soon as Assessor's report has been filed with City. Park dedication fee shall be based on 8% of the fair market value of the land. d. Sewer connection fees as set within the City of Orono Fee Schedule. Page 8 .<■ .T Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 9th day of October, 2000. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of October, 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 f.» • meeting UUI 0 9 2000 REQUEST FOR COUNCIL ACTION Oi I » unwivU DATE: October 5,2000 ITEM NO.3 Department Approval: Name Paul Weinberger Title Zoning Administrator Administrator Reviewed:Agenda Section: Zoning, Item Description:#2604 Narrows Saloon - James Andersi 3380 Shoreline Drive Commercial Site Plan Review and Conditional Use Permit Zoning:B-l, Limited Business District List of Exhibits: A B C D Property Survey Building Plan Planning Commission Minutes (August 21,2000 and September 18,2000) Planning Report Application Summary: The City of Orono had issued a building permit to allow remodeling of the Narrows Saloon which includes expanding the bar into the former Minnetonka Photo space, now vacated. The property is located in the B-l Retail Sales Business District in which a Class II Restaurant is defined as a restaurant which serves intoxicating liquor or has live entertainment. Expansion of the building requires the owner to obtain a conditional use permit since Class II Restaurants are allowed by CUP. City files inalcate no CUP has ever been issued for a restaurant on this property. The use has required a CUP in the B-I zone since, at least 1967. Expansion of the facility into the former Minnetonka Photo space and a 4' addition to the bathrooms now requires a conditional use permit. Also, the B-l district requires a commercial site plan review before a building permit can be issued. Planning Commission Recommendation: The Planning Commission reviewed this application and held public hearings on August 21,2000 and September 18,2000 and recommended approval by a vote of 6 to 1. It was the minority opinion of the Planning Commission that requiring the "live entertainment" at 12:00 a.m. may be putting undue restrictions on the business and a two door system be used on both the public entrances to limit the amount of noise from leaving the building. The following conditions of approval have been listed in the Resolution: 1.The applicant shall construct a two door system at each of the main entrances to meet all State Building and Fire Code standards. The purpose of the doors would be to 4 maat Request for Council Action coni mied Page 2 October 4,2000 #2604 Narrow’s Saloon__________ 2. 3. allow customers to enter and exit the building without allowing noise to leave the building. They should be spaced so one door would close before the second door is opened. All doors shall remain closed at all times, except when entering or exiting the building. e Live entertainment will end at 12:00 a.m. each night and the Saloon shall close at 1:00 a.m. each night. The property is subject to the sign ordinance for temporary and permanent signs. No signs can be located on or outside the building without receiving a permit from the City of Orono. 4.Noise shall be held to a level as to not be in violation of the Noise Ordinance. 5.The sale of intoxicating liquor requires the business have a valid liquor license with the City of Orono. W COUNCIL ACTION REQUESTED Motion to adopt the attached resolution to approving a conditional use permit for the Narrow’s Saloon. % m r A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.40, SUBDIVISION 4 (D) FILE #2604 WHEREAS, James Anderst, is owner of the Narrow ’s Saloon, (hereinafter "the applicant") and Donald McCarville is owner of the property (hereinafter "the owner") located at 3380 S’ -*eline Drive within the City of Orono (hereinafter "City") and legally described as follows: Attached "Exhibit A", (hereinafter "property"); and WHEREAS, the applicant has applied to the City for a conditional use permit to permit the property to be used as a Class II Restaurant per Municipal Zoning Code Section 10.40, Subdivision 4 (D). WHEREAS, The City of Orono had issued a building permit to expand the use into the former Miimetonka Photo space in the adjoining building. WHEREAS, The Orono City Council approved, on July 24,2000 the applicant to proceed with the building expansion subject to the applicant requesting a Conditional Use Permit for the use of the building, including live entertainment. Minnesota: NOW, THEREFORE, BE 17 KITSOLVED by the City Council of Orono, FINDINGS 1. 2. This application was reviewed as Zoning File #2604. The property is located in the B-1, Limited Business Zoning District where a Class II Restaurant is permitted by conditional use. A Class II Restaurant is defined as "Fast Food, Convenience, Drive-in, and Liquor Store Restaurants. A restaurant Page 1 of 7 ‘I I "iK ‘i i» V I l-f . H' [ f. 3. 4. 5. 6. where a majority of customers order and are served their food at a counter in Packages prepared to leave the premises to be consumed; or a drive-in where most customers consume their food in an automobile regardless of how it is served, or restaurants which serve intoxicating liquor or have live entertainment." Section 10.40, Subdivision 4 (D). The applicant had appeared before the City Council on July 24, 2000 to request approval to proceed with the interior remodeling and restroom addition, which had been started. The restrooms are being expanded for handicapped accessibility. The conditional use permit would permit live entertainment and expansion of the floor area. The Council did vote to allow the remodeling to continue even though a conditional use permit should have been required before the building expansion began. The City of Orono had issued a building permit to allow additional remodeling of the Narrows Saloon which includes expanding the bar into the former Minnetonka Photo space, now vacated. The property is located in the B-1 Retail Sales Business District in which a Class II Restaurant is defined as a restaurant which serves intoxicating liquor or has live entertainment. Expansion of the building requires the owner to obtain a conditional use permit since Class II Restaurants are allowed by CUP. City files indicate no CUP has ever been issued for a restaurant on this property. The use has required a CUP in the B-1 zone since, at least 196V. Expansion of the facility into the former Minnetonka Photo space and a 4 ’ addition to the bathrooms now requires a conditional use permit. Also, the B-1 district requires a commercial site plan review before a building permit can be issued. Normally a commercial site plan review has not been required for minor interior space remodeling, but this application involves expansion of the building envelope. The Planning Commission reviewed this application and held public hearings on August 21, 2000 and September 18, 2000 and recommended approval by a vote of 6 to 1. It was the minority opinion of the Planning Commission that requiring the "live entertainment" at 12:00 a.m. may be putting undue restrictions on the business. Page 2 of 7 7. 8. 9. 10. At the August 21, 2000 public hearing it was noted during live entertainment performances doors on the Narrow’s Saloon had been left open creating noise from the building that could be heard in residential areas in the neighborhood. The additional seating may cause added demand for parking around the site. The busiest hours for The Narrow’s would be evenings on weekends when there would be little demand for parking spaces in the municipal lot located to the north side of the building. The building is allowed signage based on the front footage of lot, per Section 10.6i of the zoning code. This building is limited to 60 s.f; of signage. The City Council fmds that granting a conditional use permit to allow a Class II restaurant, with live entertainment 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. 11. The City Council has considered this application including the fmdings 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 10.40, Subdivision 4 (D), subject to the following conditions: 1.The applicant shall construct a iwo door system at each of the main entrances to meet all Slate Building and Fire Code standards. The purpose of the doors would be to allow customers to enter and exit the building without allowing noise to leave the building. They should be spaced so one door would close before the second Page 3 of 7 a II' Ir H •i'" tK ijij. M J -5f* 3. a’ 4. 5. ^ I 6. 7. 8. door is opened. All doors shall remain closed at all times, except when entering or exiting the building. Live entertainment will end at 12:00 a.m, each night and the Saloon shall close at 1:00 a.m. each night. The property is subject to the sign ordinance for temporary and permanent signs. No signs can be located on or outside the building without receiving a permit from the City of Orono. Noise shall be held to a level as to not be In violation of the Noise Ordinance. The sale of intoxicating liquor requires the business have a valid liquor license with the City of Orono. Authorities granted by .hi> are permissive only and must be exercised by application for a buildm§ within one year of the date of Council approval or this conditional use permit will expire on that date (October 9, 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 applicant and owner has read, understood and hereby agrees to the terras 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. Page 4 of 7 •i Adopted by the Orono City Council on this 9th day of October, 2000. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner Applicant STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 9th day of October, 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 5 of 7 i ■ u STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN) On this day of county, personally appeared , 20__before me a Notary Public within and for said 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 county, personally appeared , 20__before me a Notary Public within and for said 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 of 7 ----- Exhibit A h- t'i_ .V • .K ■^1 ' i R’) ^ ■■ ' ^ . Page 7 of 7 k \' V \ \ !»'■ ^ f *^)s / * *.. : K HO;^Sl ^ ^ ' «’T-r^^’^nrry’ry'rrrj’rrrr % ^ S70RC •fit-r % • ?9?'« V :• t': - f^3 Y I ••# 0'> •:cr.» ‘■^4»'*i* \. .S>t. ... ___________ *. ................... k....................!*• RUDH-b»-RA^ \ X V 1 , rc-.f *»•?•!#Ctui» 1**S»1 t ■ 1« 1r 1 11 •: R: •• b l4 • \ Ci» '^:tnc»i *7 i' FT ---- Tc? c»ty or ofloyjo % /i/a rre'u^S <clo^ I ^0 /'4Fr rAMi/r.tvvty iu5C/^\c:a/t' RQTC'iI>t.C? f'^C ^ 357?->27 C<r/ 0«“0<l5>J(7 Shore L j we pRwe * MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 ichard Bloomquist, Continued) Bloomquist coitiiq^tcd he is not increasing the amount of hardcover on this property with this project, noting theaWWon will be constructed over the existing hardcover. [t have a problem with this application.Lindquist commented he doem^jumc Lindquist moved, Kluth seconded, t^HP^ommend approval of Application #2606, Richard Bloomquist, 3333 Shoreline Brnty^bject to the conditions outlined in,the August 14,2000 Planner ’s Report, with thealW^ condition that the hardcover figures be recalculated and approved by City Staff or the Cityj^ngineer to verify that the amount of hardcover will not change. Stoddard inquired whether the parking could be moved further ba< feet of green space next to the road. allow room for one to two Bloomquist reiterated his concerns regarding visibility going in and out of the piSqng lot. Bloomquist indicated he has received in the past from people leaving the parking lottSat^eir sight lines were impaired. Stoddard requested the Applicant give some consideration to that option. VOTE ON THE ABOVE MOTION: Ayes 6, Nays 0. (#6) JAMES ANDERST, 3380 SHORELINE DRIVE, CONDITIONAL USE PERMIT AND COMMERCIAL SITE PLAN REVIEW, 10:10 p.m. - 10:17 p.m. The Applicant was not present. John Kupper, Kelley Avenue, expressed concern regarding the ordinance to have live entertainment at Narrow’s Sadoon. Kupper indicated ever since the Applicant has started having live music, he is unable to leave his windows open at night due to the noise problems he is experiencing. Kupper stated he has spoken with the property o\%Tier, who has attempted to resolve the problem, but within hours the music is once again loud. Kupper stated in his opinion this is not the proper place to have a live band, noting he feels an increased risk to his safety and his family ’s safety as well as the amount of increased traffic that has resulted from this establishment. Gaffron inquired whether the resident would be willing to put his comments in writing, Kupper indicated he would. Berg moved, Kluth seconded, to table Application #2604, James Anderst, Narrows Saloonj 3380 Shoreline Drive, due to the absence of the Applicant. VOTE: Ayes 6, Nays 0. PAGE 20 c I cC Z SB'- MINUTES OF THE ORONO PLANNING COMMISSION MEETING SEPTEMBER 18.2000 removal of the asbestos. VOTE: Ayes 6, Nays 1. Nygard Opposed. Nygard indica ted he voted in opposition to the motion due to the number of unresolved issues c i o? 2 that still need to be addressed on this application. (Recess taken from 9:20 p.m. - 9:25 p.m.) PUBLIC HEARINGS, CONTINUED (#2) #2604 NARROWS SALOON - JAMES ANDERST, 3380 SHORELINE DRIVE, CONDITIONAL USE PERMIT, 9:25 p.m. - 10:07 p.m. The Certificate of Mailing and Affidavit of Publication were noted. James Anderst, Applicant, and Peter Johnson, Attomey-at-Law, were present. Weinberger stated this application was tabled at the last Planning Commission meeting due to the absence of the Applicant. The Applicant is requesting site plan review and conditional use permit for live entertainment. The City of Orono had issued a building permit to allow additional remodeling of the Narrows Saloon, which includes expansion of the bar into the former Minnetonka Photo space, now vacated. The property is located in the B-1 Retail Sales Business District in which a Class II Restaurant is defined as a restaurant which serves intoxicating liquor or has live entertainment. Expansion of the building requires the owner to obtain a conditional use permit since Class II Restaurants are allowed by conditional use permit. The City Council did vote to allow the remodeling to continue even though a conditional use permit should have been required before to expansion of the building. Weinberger indicated City files indicate no conditional use permit has ever been issued for a restaurant on this property, with the use requiring a conditional use permit since at least 1967. The B-1 Zoning District also requires that a commercial site plan review be completed prior to PAGE 25 % % IvnNUTES OF THE ORONO PLANNING COMMISSION MEETING SEPTEMBER 18,2000 a building permit being issued. Weinberger stated ^he tavern use would be expanded into the former Photo Shop, increasing the floor area by approximately 1,000 square feet. The restrooms are being expanded to provide handicap accessibility. The site plan also indicates a stage that would be located in the southeast side of the building for live bands, with all use of the building being confined to inside the structure. The outdoor seating arrangement depicted on the plans is not proposed to be built for some time. Weinberger stated most of the parking for the Narrow’s Saloon would use the Municipal lot located behind the building, with the area around the parking lot being zoned commercial. The City Code requirement for retail and service is one space for 150 square feet of floor area. with the total number of parking spaces that would be required being 154. The parking area contains approximately 90 spaces. The Public Services Director has recently reviewed the parking in the Navarre lot and has indicated the parking lot appears to be functioning adequately. Weinberger noted it is not possible to create new parking areas on the property, with some limited parking being available along Shoreline Drive. Weinberger stated the busiest hours for The Narrow’s Saloon would be evenings and weekends when there would be little demand for parking spaces in the lot. The new Snyder ’s Store located across Shadywood could also provide some additional overflow parking if needed. • • Weinberger stated the Applicant is not proposing any changes to the lighting on the exterior of the building, with the Applicant in the process of designing a sign plan. Weinberger stated the City of Orono has adopted a noise ordinance, with the primary concern regarding live entertainment is the noise generated by the band. Weinberger indicated this property is not adjacent to residential property, and recommended that all loading and PAGE 26 * • MINUTES OF THE ORONO PLANNING COMMISSION MEETING SEPTEMBER 18,2000 unloading of band equipment occur at the rear entrance of the building to avoid blocking of any traffic areas. Staff is recommending that the interior design of the building take into consideration the noise that is generated by the live music from within the building. Weinberger noted the hours of operation for the live entertainment have not been provided, with the normal hours for the tavern use until 1:00 a.m. City Staff is recommending approval of the conditional use permit and site plan approval for The Narrow's Saloon based on the following conditions: I. All improvements are subject to fire code standards. 2. Use of the building shall be limited to the hours as established by the Planning Commission and Council. 3. Noise shall be held to a level as to not be in violation of the Noise Ordinance. A. A two-door system shall be used to not allow excessive noise when customer are entering or exiting the building. 5. The sale of intoxicating liquor requires the business have a valid liquor license with Ae City of Orono. 6. Any other conditions the Planning Commission requires of the live entertainment use of the property. Peter Johnson, Attomey-at-Law, indicated that the Applicant’s lunch business is not very well developed and should not create any parking problems in the area. Johnson stated they are planning a double door on the rear door and will comply with the noise ordinance. There were no public comments concerning this application. Hawn noted one resident did express some concerns regarding the noise from the tavern at the last meeting and some safety issues relating to the traffic. Hawn encouraged the Applicwt PAGE 27 MINUTES OF THE ORONO PLANNING COMMISSION MEETING SEPTEMBER 18,2000 to work with City Staff as much as possible in order to reduce the amount of noise generated. Kluth read the minutes of the August 21 Planning Commission meeting regarding the comments expressed by the resident. Anderst stated he has spoken with the neighbor. Lindquist inquired what the guidelines were for the noise and hours of operation. ; Weinberger stated the conditional use permit requires that all other sections of the City’s Code be followed as well as any other conditions that may be imposed by the City. Hawn inquired why Staff is not recommending additional parking for this business. Weinberger indicated no on-site parking is available for this business, with no significant increase being anticipated in the parking neecis for the business with the expansion. Hawn expressed concern that the Planning Commission may be setting a precedent regarding the amount of parking for this business. Weinberger stated the area surrounding the Narrow’s Saloon is zoned commercial, with the use of the building not changing. Weinberger stated the businesses in ti.is area have always relied on use of the municipal lot located in the rear, with the lots not having any on-site parking available. Weinberger stated the other businesses were taken into consideration when considering the amount of parking that would be needed. Kluth inquired whetb'*'' the amount of parking could be based upon die number of customers to the business. Anderst stated he is entitled to have one customer per every 15 square feet of space. Anderst stated his estimate of the total number of customers that would be able to fit within the building would be ISO occupants. Kluth commented normally people who frequent this type of business ride more than one to a PAGE 28 • • ft • f-. MINUTES OF THE ORONO PLANNING COMMISSION MEETING SEPTEMBER 18,2000 car. Anderst stated the amount of retail space has not changed. Johnson stated the issue of parking is offset by the fact that the other businesses are closed during his peak hours of operation. Weinberger indicated there are 90 parking spaces available in the municipal lot, which does not take into account parking available on the street. Johnson stated there is a large parking area available in comparison to the size of the establishment, and in his view the parking should not present a problem. Stoddard suggested a stipulation be placed on the number of customers who can be inside the facility in order to limit the amount of traffic in the area. Anderst stated his business is relatively small compared to some of the oiher businesses in the area. Lindquist pointed out the work on the building has already been completed and that the Applicant needs to operate his business within the law. Lindquist stated he is unsure where the additional parking would come from if the Applicant were required to provide additional parking. Kluth inquired how the work could have been commenced prior to the conditional use permit being issued. Anderst stated he applied for a liquor license, and contained within the liquor license was the additional square footage. Johnson stated the liquor license contained langu age notifying the City that he would be leasing 2,000 square feet, with an option to expand to 3,000 square ti^el, as well as a footprint PAGE 29 p-is- ' i > m f' • ’ . 0 4.5K.»-f sL MINUTES OF THE ORONO PLANNING COMMISSION MFETING SEPTEMBER 18,2000 for the liquor store. The Applicant also disclosed that the purchase of the building was contingent upon approval of that option. At the time the building permit was issued, the conditional use permit was not raised. Anderst stated he was not notified he needed a conditional use ,>ermit until the time the footings were inspected. Anderst stated the building inspector missed the fact that,footings were being poured at the time the building permit was issued. Kluth inquired when the const*, action was completed. Johnson stated the Applicant appeared before the City Council in July regarding this matter. iith the City Council permitting continuation of the construction at that time. Stoddard moved to recommend approval of Application #2604, Narrows Saloon, 3380 Shoreline Drive, subject to no further expansion to the business. MOTION DIED DUE TO LACK OF SECOND. Smith stated it would be her understanding the Applicant would need to come back before the Planning Commission and City Council if he wished to expand his business further, and at that point the City would act on his application. Hawn stated the Applicant needs to address certain conditions prior to approval. Gaffron stated the Planning Commission has wide latitude in the placing of restrictions on this business to protect the character of the neighborhood and business climate which abuts a residential neighborhood. Hawn inquired whether the si' r of the business could be limited. Gaffn n stated the Planning Commission could restrict the size of the business as part of the conditional use permit, but that a future City Council or Planning Commission may eiect to change that. PAGE 30 MINUTES OF THE ORONO PLANNING COMMISSION MEETING SEPTEMBER 18,2000 Johnson stated in his opinion the Planning Commission is making its record right now by noting its concerns relating to expansion of the business. Johnson stated the Applicant will need to appear before the Planning Commission if he chooses to expand the business. Anderst stated he has spent a considerable amount of money to improve his business, which in • turn has improved the character of the neighborhood. Anderst commented that sorne of the other businesses in the area have not taken steps to improve their business. Kluth stated the Planning Commission appreciates the improvements the Applicant has made to the building, but that issues relating to traffic and noise need to be addressed in order to insure that he will continue to be a good neighbor. Hawn stated she would like to see double doors on the front of the building as well. Anderst stated the front door does have signs requesting the door be kept closed at all times, which has worked fairly well. Anderst stated it would be difficult to instal. "* double-door system on the front of the building. ^ • Smith inqt '-e^ what the Applicant’s hours of business were. Anderst stated the bar is open until 1:00 a.m. Hawn inquired when the band would quit. Anderst stated the band quits at 12:45 a.m., with all patrons being out of the building by 1:20. Stoddard inquired whether the outdoor seating depicted on the drawing is included in the • • 3,000 square feet. Anderst stated it is not. Hawn noted that issue is not before the Planning Commission tonight. Hawn reiterated she would like to see double doors on both entrances. Stoddard moved, Smith seconded, recommending approval of Application #2604, Narrows PAGE 31 MINUTES OF THE ORONO PLANNING COMMISSION MEETING SEPTEMBER 18,20U0 Saloon, 3380 Shoreline Drive, subject to the conditions contained in the September 14, 2000 Planner ’s Report, with the added condition that the live entertainment will end at 12:00 midnight, with the doors of the establishment being closed at 1:00 a.m., and no further expansion of the business without review and approval of the Planning C''-mmission. Kluth inquired when the Applicant has the live entertainment. Anderst stated he has live entertainment on Wednesday, Thursday, Friday, and Saturday. VOTE: Ayes 6, Nays 1, Lindquist Opposed. Lindquist indicated in his view the Planning Commission may be putting undue restrictions on his liquor license and that further clarification should be obtained regarding the ordinances that control this business. Hawn stated she would like to withdraw her vote in support of this motion and would like to see additional information regarding the operation of this business. (#3) #2608 PHILIP AND KAREN SKOOG, 280 TONKA AVENUE - VARIANCES, 10:07 p.m. - 10:11 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Philip Skoog, Applicant, was present. Bottenberg stated the Applicant is requesting variances to construct an addition to the rear of the residence and a two stall attached garage with living space above it. The addition to the rear is a 13.6 by 18 foot dining area. The dining area will be constructed where the deck is currently located. The t\^'0 stall garage is proposed to be 22 by 24 feet. It will be on the south side next to the existing one stall tuck-under garage. PAGE J2 b Application Date: 7/1 d/00 Deadline: 11/16/00 TO: FROM: DATE: SUBJECT: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator Paul Weinberger, Zoning Administrator/Planner September 14,2000 //2604 Narrows Saloon - James Anderst 3380 Shoreline Drive Wayzata, MN 5391 Site Plan Review and Conditional Use Permit for Live Entertainment Zoning:B-1, Limited Business District List of Exhibits: A B C D E F G Application Location Map Property Survey Building Plan Standards for B-1 Retail Sales Business District City Council Minutes (7/19/00) Council Memo (7/10/00) Background: The Planning Commission tabled this item on August 21,2000 because the applicant was not available at the meeting. Mr. Anderst had appeared before the City Council on July 24,2000 to request approval to proceed with the interior remodeling and restroom addition, which had been started. The restrooms are being expanded for handicapped accessibility. The Narrows Saloon is required to obtain a conditional use permit. The conditional use permit would permit live entertainment and expansion of the floor area. The Council did vote to allow the remodeling to continue even though a conditional use permit should have been required before the building expansion began. The City of Orono had issued a building permit to allow additional remodeling of the Narrows Saloon which includes expanding the bar into the former Minnetonka Photo space, now vacated. Tlie property is located in the B-1 Retail Sales Business District in which a Class II Restaurant is defined as a restaurant which sen'es intoxicating liquor or has live entertaimnent. Expansion of the building requires the owner to obtain a conditional use permit since Class II Restaurants are allowed by CUP. 92604 Sarroyvs Saloon - James Anderst 33S0 Shoreline Drive Site Plan Revieiv and Conditional Use Permit September 18. 2000 page^l City files indicate no CUP has ever been issued for a restaurant on this property. The use has required a CUP in the B-1 zone since, at least 1967. Expansion of the facility into the former Minnetonka Photo space and a 4' addition to the bathrooms now requires a conditional use permit. Also, the B-1 district requires a commercial site plan review before a building permit can be issued. Normally a commercial site plan review has not been required for minor interior space remodeling, but this application involves expansion of the building envelope. Mr. Anderst has requested approval to proceed with the interior remodeling and restroom addition, which had been started. The restrooms are being expanded for handicapped accessibility. The conditional use permit would permit live entertainment and expansion of the floor area. Review of Conditional Use Permit The Code requires approval of a conditional use permit for the expansion of the facility and live entertainment within the building. I.Site Plan Review The interior site plan has been provided and is attached as Exhibit C. The tavern use would be expanded into the former Photo Shop increasing the floor area by approximately 1,000 square feet. The restroom are being located on the main level and are being expanded to provide handicapped accessability. The site plan also indicates a stage that would be located in the southeast side of the building for live bands. All use of the building would be within the structure. H h D An outdoor seating area has been shown on the plans, but is not proposed to be built for some time. The property owner has requested to discuss this as a future option with the Planning Commission and Council. if Parking Recently the Council approved plans to iru-tall new lights in the Navarre parking lot. Most of the parking for the Narrow's Saloon would use the Municipal lot located behind the building. The commercial area around the parking lot is zoned commercial. It is estimated a total of23,000 s.f. of retail is located within the commercial buildings adjacent to the lot. The City Code requirement for retail and service is one space for 150 s.f of floor area. The total parking spaces that would be required is 154. TTie parking area contains approximately 90 spaces. The Public Services Director has recently reviewed the parking in the Navarre Lot and stated the parking lot appears to be functioning adequately. It would not be possible to create new parking areas on the private property. Some limited parking is available along Shoreline Drive. The additional seating may cause added demand for parking around the site. The busiest hours for The Narrow’s would be evenings on weekends when there would be little demand for parking spaces in the lot. The applicant should comment on parking demand during the lunch hour Monday thru Friday. s2604 Sarro\¥S Saloon - Jamti Anderu 2580 Shorelint Dri\t Site Plan Revitw and Conditional Use Permit September 18. 2000 pagt-2 ♦V p The new Snyder ’s store, under construction, located across Shady wood has provided adequate parking for that use. Some overflow traffic during lunch hour at the Culver’s restaurant may use the Snyder ’s site. There would be little use of the Municipal lot by customers from Culver’s and Snyder ’s. IIL Lighting No changes to lighting have been proposed to the exterior of the building. Sign Space In the B-1 district one s.f. of sign space is permitted for each front foot of building frontage. The space being leased for the Narrow’s would allow this space to use 60 s.f. of signage. No single sign shall be greater than 50 s.f. Mr. Anderst has stated they are in the process of designing a sign plan. The signage shall conform to Code requirements. Signage would likely be placed above the main entrance along Shoreline and a second sign would be located above the rear« 'trance towards the parking lot. Vj, Noise The City of Orono has adopted a noise ordinance. The primary concern with live entertainment is the noise generated by a live band. This property is not adjacent to residential property. Should live entertainment be approved for the site, loading and unloading of band equipment should occur at the rear entrance of the building to avoid blocking of any traffic areas. Interior design of the building should take into consideration the noise that is generated by live music from within the building. It may be appropriate to have a two door entrance so one door is always closed to maintain a low noise level outside the building. The doors should be spaced enough so one door closes before the second door is opened when entering or exiting the building. Hours of Operation The applicant has not provided hours of operation for the live entertainment. The normal hours for the tavern use are until 1:00 a.m. Applicant should provide hours the kitchen is open. Staff Recommendation The Code does not list specific performance standards for live entertainment in the B-1 district. Staff recommends approval of the conditional use permit and site plan approval for the Narrow Saloon based on the following conditions: I. All improvements are subject to fire code standards. 2.Use of the building shall be limited to the hours as established by the Planning Commission and Council. i^260^ SarroM S Saloon • James Anderst 3380 Shoreline Drive Site Plan Review and Conditional Use Permit September 18, 2000 pagi-S f.r [■ ‘ fW^ 3. 4. Noise shall be held to a level as to not be in violation of the Noise Ordinance. A two door system shall be used to not allow excessive noise when customers are entering or exiting the building. 5.The sale of intoxicating liquor requires the business have a valid liquor license with the City of Orono. 6.Any other conditions the Planning Commission requires of the live entertainment use of the property. Planning Commission Options for Action: 1. Recommend approval of the preliminary plat and forward to the Council, with conditions. 2. Recommend denial, stating reasons. 3. Table, requesting further information and provide direction to the applicant. 4. Other Action. U260i Sorrows Saloon - James Andersl 3380 Shoreline Drive Sue Plan Review and Conditional Use Permit September 18, 2000 pa^-4 I A ' > ApplicatioD ff Date Recerved 7 Ml/OQ Amount Paid ^ 5 OQ CITY OF ORONO - GENERAL LAiND USE APPLICATION PROPERTY LOCATION Site Address J /. ^ Type of Applicatioa to be Filed r U P ^ Rtl’f rVo <rvi MA «4tOA Property Identification Number (P.I.D.) 17- H7- ^ ^ VV____^/OQ. APPLICANT Name Co t/l Address /^/'C.q/c CWsLOo^yT^ Phone fhome ’) ^7/ Phone (w(^) <77/ '3-X^ ^ Zip v<i«r ?9/ OWNER (if dififerent than applicant) / Name Address City Phone (home)_ Phone (work)/ Ll » CA Zip. Date Propfi^Acquired }r /9^9 _________________ I (do) Wo n^?also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - _____$ 75.00 For each variance request with CUP application _____$175.00 Residential Accessory Use _____ $250.00 Institutional (church, school, etc.) _____$225.00 Guest House/Guest Apartments _____$200.00 Duplex Credit/Bldg yC $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 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) _____$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 (month/year) / V ' ='• ?.•; •• ./• • '-f- 1^' lL>» VV:' Vil .'.'I ’ V m'. ■?. r T:' ' ‘t'•"A| L? f ^f' k • *' ^ I^Qtr' ' ?P' l' |;^r-;v‘#, ’"’'rSt ^ * :^/v-*v<'f' l(>rH :;■/•<:'. a'V' ■' 'Si ' JU-'tV Av''i*v '*-V' .■ •' f-y ‘i'<.'' ' O^-f l.'i<'■ -.-^ -.v o ^ • .1 r-v-*'r-r-> f f'KT’r^TT'rTT J^;,ao^’ 7 • CCCi» S7CKC RUDH- OURICK pROff iiiA>£;■r <-f .^r'- /4jji7>«»» Ci\ s:«ncH \ UfOlOr^ C\l . Cl!«»-l»S ltivl» »*•'• •'(i* Mi».fl \- « *j I' Ff i^/t't't-v./Ay-------- z/j)iV>Lt> TO ciry or oA’okjo -7.5n I'/^rr r^Miyr.'-vviy eacea\ga/t RCCC'^^£.P > S c^. ^ 'yCl'i-^'i'l'l T9 CfT/ CPO'lCtJO I /i/a rrcu-’S SuoREi.;w£ PRW£ ip» M §10.40 SEC. 10.40. B-I RETAIL SALES BUSINESS DISTRICT. Subd. 1. Purpose. The "B-1" Retail Sales Business (District) is intended to provide a district for businesses that supply commodities or perform a service primarily for residents in the surrounding neighborhood. 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. Subd. 2. Application. All applications for a building permit in any "B-,!" Retail Sales Business District shall be reviewed by the Council and may be referred to the Planning Commission for review. Subd. 3. Permitted Uses. Within any "B-l " Retail Sales Business District, no structoe or land shall be used except for one of the following uses or uses deemed similar by the Council. A. Retail and Service Businesses. The following neighborhood retail sales and service businesses supplying commodities or performing a service primarily for residents in the surrounding neighborhood: 1. Arts and school supplies store. , 2. Banks and insurance companies. 3. Barber and beauty shops. 4. Bicycle sales and repair. 5. Books, magazines, record shop. 6. Drugs, candy, ice cream, soft drinks, cosmetics and other usual drug store merchandise. repair. 7. Dry cleaning and laundry’ pick-up stations including incidental pressing and 8. Garden supplies, florist shop. 9. Gift or antique shops. 10. Hardware store, paint store. 11. Hobby shops, camera and photographic supply stores. 12. Jewelry shops and repair. 13. Laundromats. 14. Locksmith. 15. Music, radio, TV, appliance sales and repair stores. 16. Newsstands. 17. Office supply store, office machine store. 18. Pet shop. 19. Pipe and tobacco shops. 20. Plumbing, electrical, heating, housewares, furniture, carpel store. 21. Postal substation. 22. Real estate sales. ORONO CC 332 (4-1-84) £ f L § 10.40 23. Retail food of all varieties and home supplies. 24. Sewing center and yardgoods. 25. Sporting goods store. 26. Tailor shops. 27. Temporary sales such as Christmas tree lots. 28. Travel bureau. 29. Variety store. 30. Wearing apparel store, shoe store. 31. Off-sale Liquor Store Source: Ordinance 29,2nd Series Adopted: 2-23-87 32. Home and garden equipment rental. Source: Ordinance 152,2nd Series Adopted: 10-28-96 B. Municipal Buildings. Municipal buildings where the use conducted is customarily considered to be an office use. Subd. 4. Conditional Uses. Within the "B-1" Retail Sales Business District no structure or land shall be used for one of the following uses except by conditional use permit: A. Garages. For the servicing and repair of automobiles provided repair functions are totally enclosed in a building. B. Motor Fuel Stations. Subject to the provisions set forth in Section 10.61, Subdivision 18. C. Restaurants (Class 1). Food is served to customer while seated at counter or table. Cafeteria - Food is selected by a customer while going through a line and taken to a table for consumption. Neither live entertainment nor intoxicating liquor sales are permitted in Restaurants (Class I.) Source: Ordinance 67,2nd Scries Adopted: 5-8-89 D. Restaurants (Class 11). Fast Food, Convenience, Dnve-in, and Liquor Store Restaurants. A restaurant where a majority of customers order and are served their food at a counter in packages prepared to leave the premises to be consumed; or a drive-in where most customers consume their food in an automobile regardless of how it is served, or restaurants which serve intoxicating liquor or have live entertainment. ORONO CC 333 (4-1-84) k 510.40 E. Off-Street Parking. Off-street Parking when the principal site of the off-street parking abuts on a lot which is (in) another "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 such other conditions as found necessary by the Council. • F. Public Services. Public service structures, including, but not limited to, electric transmission lines and buildings such as telephone exchange stations, booster or pressure stations, elevated tanks, lift stations and electric power substations. Personal wireless service and commercial broadcasting antennas and towers shall not be considered public service structures.* Source: Ordinance No. 183,2nd Series Adopted: 2-22-99 . G. Nurseries. Day nurseries provided not less than 50 square feet of outside play area per pupil is available and fenced. H. Offices. Professional office and offices of a general nature. Source: Ordinance No. 172 Effective Date: 1-1-75 I. Antenna-Stfuctufc. One independent antenna stmeture, with antenna or eombmatten of antenna attached thereto, subordinate to aw'd sen'icing the prineipal use or strueture en the same lot and customarily incidental thereto that is not attached to another stfueture provided the height of the antenna stmeture-does net exce ed 65 feet and the antenna stmeture is set back from any let line a distance at leaafequal to-the total height of the antenna strueture. Seuree; Ordinanee-No. 177 Effective Date; 6 5 75 (Subd. 41 deleted per Ordinance No. 161,2nd Series, adopted 5-27-97) Subd. 5. Accessory Uses. Within any "B-l" Retail Sales 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 not to exceed time necessary to complete said construction. ORONO CC 334 (4-1-84) §10.40 r^^ D. Landscaping. Decorative landscape features. E. Fences. Fences, as regulated in this Chapter. F. Incidentals. Any incidental repair or processing necessary to conduct a permitted principal use, pro\ided that the incidental use shall not exceed 30% of the floor space of the principal building. G. Public Telephone Booths.1' Source: Ordinance No. 172 Effective Date: 1-1-75 H. Communication Receptioii/Transmission Devices. 1. Accessory Antennas. Accessory antennas shall be limited to radio and television receiving antennas, satellite dishes, TVRO's, and amateur short-wave radio trarismitting and receiving antennas. Accessory anteimas that are accessory to the principal use of the property are permitted accessory uses in all zoning districts provided they meet the following conditions: a. Height. A ground mounted accessory antenna shall not exceed twenty (20) feet in height from ground level. b. Yards. Accessory antennas shall not be located within the required front yard setback, comer §ide yard setback or side yard setback abutting a street. c. Roofs. Ifvegetation or obstructions interfere with satellite signals at a location in any allowable placement area, the accessory anterma may be placed on the roof of any authorized structure on the premises. d. Accessory antennas shall not be located within a required yard or setback area or within drainage or utility easements. Antenna towers shall be set back from adjacent property lines a horizontal distance no less than the maximum height of the antenna. e. Building Permits. A building permit shall be required for the installation of any accessory antenna requiring a conditional use permit. Building permit applications shall be accompanied by a site plan and structural component data for the accessory antenna, including details of anchoring. The Building Official must approve the plans before installation. ORONO CC 335 (4-1-84) f. § 10.40 f. Lightning Protection. Each accessory antenna shall be grounded to protect against natural lightning strikes in conformance \sith the National Electrical Code as adopted by the City of Orono. g. Electrical Code. Accessory antenna electrical equipment and connections shall be designed and installed in conformance with the National Electrical Code as adopted by the City of Orono. h. Color/Content. Accessory antennas shall be of a neutral color and shall not be used as signage. 2. Amateur Short-Wave Radio Antennas and Towers which do not meet the conditions for accessory antennas, may be allowed with a conditional use permit in all zoning districts provided they meet the following conditions: a. Height When an amateur short-wave radio antenna is mounted on an antenna tower, the total height of the antenna and tower shall not exceed 65 feet. b. Yards. Amateur short-wave radio antennas and towers shall not be located within a front, comer side or side yard. c. Setbacks. Amateur short-wave radio antennas and towers shall not be located within any required setback area and shall be located no less than the height of the antenna and tower from the property line. Source: Ordinance No. 183,2nd Series Adopted: 2-22-99 Subd. 6. Area, Height, Lot Widdi, Setback Requirements and Design Requirements, A. Area. The minimum lot size shall be 20,000 square feet. B. Lot Width. The minimum lot width shedl be 100 feet. 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 feet 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. ORONO CC 335-1 (4-1-84) Hv § 10.40 F. Fencing. Wherever a "B-1" Retail Sales 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 precast concrete units if the surfaces have been integrally treated with an applied decorative material or texture, or, (d) Factory fabricated and finished metal framed panel construction, if the panel materials be of any of those noted in Items (a), (b) and (c) above. (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 Ae property except as accessory to and during tlie 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. I. Height. No structure or building shall exceed 2-1/2 stories or thirty feel in height except as provided in Section 10.75. ORONO CC 335-2 (4-1-84) ik^ f » MINUTES OFTHE ORONO CITY COUNCIL MEETING MONDAY, JULY 24,2000 >2600 BRIAN KERBER, Continued) Pctereoh'Kt^ted a hardship in her view is inherent to the land and not the need for additional storage spaa Mayor Jabbour conimbn^ed he would like to see the properties in Orono be as uncluttered as possible. Sansevere moved, Jabbour secondetLto approve the variance to permit constri\ction of a 2,160 square foot pole barn and a vamtB« to the street lot line for the property located at 740 Orchard Park Rond, with the stipulation ofeiqe that if the Applicant wishes to exercise his right as presently exists in the Ordinance to^onstruct an additional shed, that building must comply to City standards, and with the undemajiding the Applicant will store his vehicle and trailer inside the newly constructed structurb>v^^ further with the understanding that the existing two-stall garage will be relocated as far baefestj^ possible. Jabbour commented in his view the hardship is based on the land and the his right to construct four structures on his property. ilicant relinquishing VOTE: Ayes 4, Nays 1, Peterson Opposed. Peterson stated in her view there is no hardship inherent with the land and that the Applicant shoi be required to limit the size of the building to.2,Qfl0 square, feet. («7) JAMES ANDERST- NARROWS SALOON, 3380 SHORELINE DRIVE - PERMIT REVIEW James Anderst, Applicant, was present. Weinberger stated the City of Orono has issued a building permit to the Applicant to allow the additional remodeling of the Narrows Saloon which includes expanding the bar into the former Minnetonka Photo space, which is now vacant. This property is located in the B-1 Retail Sales Business District in which a Class II Restaurant is defined as a restaurant which serves intoxicating liquor or has live entertainment. Weinberger stated the expansion of the building requires the owner to obtain a conditional use permit since Class II Restaurants are allowed by a conditional use permit. The applicant has made a formal application for a conditional use permit, but would technically be considered to be an after-the-fact application since the ouncr was permitted to proceed forward with the remodeling and expansion of the restrooms. Weinberger stated the proposed expansion meets all setback requirements for the B-1 District, with no change to the footprint of the building except for the small expansion to the restroom area. Weinberger stated the expansion to the restroom is needed in order to make the restrooms handicap accessible. Subsequent to issuance of a building permit. Staff detennined that a conditional use permit Is Page 6 f IT’ MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, JULY 24. 2000 I (JAMES ANDERST, Continued) needed for the expansion project. The Planning Commission will review this conditional use permit application at their nc.xt mcenng. The Applicant has requested that he be allowed to proceed with the remodeling and expansion. City Staff would request a letter in writing from the Applicant indicating that all work is done at the owner’s risk at this point since a conditional use permit is required. Weinberger stated the Applicant is requesting the City Council approve the continued remodeling of the Narrows Saloon prior to the August 21** conditional use permit review and prior to the issuance of the conditional use permit. Anderst slated he obtained a demolition permit from the City to tear a concrete wall out and erect a beam. Anderst siated he submitted architectural drawings to the City and obtained a building permit. Anderst stated he proceeded with the remodeling and requested a footings inspection and was told at that time that he needed to appear before the City Council. Anderst stated he was informed by the building inspector that he did not notice the new footings at the lime he reviewed the plans. Mayor Jabbour stated it was his recollection that at the time the Applicant approached the City for a liquor license, he had indicated he wanted to remodel the structure. Jabbour stated the issue relating to live music w ill be part of the conditional use permit, but the restaurant and bar license has been approved. Weinberger stated the Applicant is expanding into the vacant Minnetonka Photo space, and technically a conditional use permit is required. Weinberger stated any building permits to expand the size of this building, requires City Council approval as part of a commercial site plan review, which is part of the conditional use permit process. Mayor Jabbour inquired why the owner is proceeding at his own risk since the City has previously granted a liquor license based on the existing plan and also a building permit. Weinberger stated tlie issue relates lo the live entertainment. Kelley stated in his view the City has errored by not realizing the Applicant would be expanding the use of his business, which requires a conditional use permit, without having a commercial site plan done first. Kelley stated City Staff should have realized at the lime of tlic request for a demolition permit that the business was being expanded and that a site plan review was required as well as a conditional use permit to do that. Mayor Jabbour pointed out the Applicant is attempting to work w ith the City on this matter and that hopefully a mutual agreement can be reached. Kelley indicated as part of a commercial site plan other factors come into play, such as lighting, signage, and parking, which the Applicant should be aware of. Kelley stated he has concerns that the City Council gives the okay to proceed forward w ith the remodeling without these other issues being addressed. Kelley commented in his view it is not proper for the City Council to proceed forward w iih this application without a site plan review and conditional use permit review. Page 7 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, JULY 24,2000 (JAMES ANDERST, Continued) Anderst stated the building is not changing except for the four foot expansion to the restroom area. Anderst commented he is merely expanding into existing space. Mayor Jabbour stated in his view the Applicant is entitled to proceed forward with his remodeling project. Anderst stated the improvements have enhanced the neighborhood. Mayor Jabbour stated the Applicant will be required to meet certain conditions at the time the site plan and conditional use permit process are reviewed. Weinberger stated the City Council will need to approve the Applicant proceeding forward with the remodeling project, noting the building currently is open and construction is undenvay. Flint commented since the Applicant is in the midst of the remodeling at the present time, it is difficult for the City Council to tell the Applicant not to proceed forward since City Staff failed to inform the Applicant of the proper procedure that needs to be followed. Flint reiterated the applicant will be required to meet certain conditions that arc normally required as part of the conditional use permit. Flint moved, Jabbour seconded, to approve the continued remodeling of the Narrows Saloon located at 3380 Shoreline Drive prior to the August 21, 2000 Conditional Use Permit review and prior to the Conditional Use Permit being issued by the City of Orono, with the understanding the Applicant will be required to meet certain required conditions as part of the Conditional Use Permit process. Anderst inquired what t>pically is required with a conditional use permit. Mayor Jabbour stated the requirements vaiy from property to property and arc undclcrniincd at ♦Viie fim/' Mrivnr i.Thhmir cf.'imH Qfill tc nn icciic with thc livc cntcrtaiumcnt that will needthis time. Mayor Jabbour stated there still is an issue with thc live entertainment that will need to be further addressed. Kelley stated thc kitchen may need to be brought up to code and other items such as lighting, signage, parking, and hours of operation will need to be reviewed. Kelley expressed concern that he is being requested to appro\ c this application without those questions being answered. Flint commented that thc City Council is not approv ing thc conditional use permit at this time but is merely allowing thc Applicant to proceed fonvard with thc remodeling. Mayor Jabbour sDted thc City Council in his view will not be able to deny thc Applicant the right to continue to operate as he was in the past, but that any expansion of use will need to be reviewed. Jabbour stated the issuance of a building permit has triggered a number of requirements which will need to be addressed. Kelley stated thc amount of parking required for this business differs from thc photo business ftiit used to exist at this location. Pace 8 ¥■ L MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, JULY 24,2000 (JAMES ANDERST, Continued) Anderst commented he experiences a number of people parking in the public parking lot that frequent Lord Flctclicrs. Sanseverc inquired what increase in capacity the Applicant is expecting with this additional space. Anderst stated he is not sure at this time. Anderst stated the total square footage of the building is 3,000 square feet. « Sanseverc inquired what the current capacitx’ of the building is. Anderst stated Code allows 15 square feet per person at the present time. Anderst stated he is not aware of what that number is offhand. Kelley stated he is not tiying to be opposed to this project, but that the City needs to be careful about informing the Applicant that he will be required to meet certain conditions as part of this project. Kelley inquired whether the City Council would be in favor of closing this business down should the Applicant not be able to meet the required conditions. Mayor Jabbour stated in his view the City Council should not take that position since the City did issue a building permit to the Applicant and did not inform the Applicant that he needed to obtain a conditional use permit. Flint commented in his opinion it has been made clear to the Applicant that he will be required to comply with certain conditions as part of this project. Anderst requested he be allowed to keep the live entertainment. Mavor Jabbour commented that will need to be discussed further. Jabbour noted he has reecived# calls in support of the improvements from the residents in the area. VOTE ON ABON'E MOTION: Ayes 5, Nays 0. OR/COUNCIL REPORT Mayor JabbourTtotc^e will be meeting with the County Commissioners regarding the Dakota Rail to Trail project this \\^ck^ Mayor Jabbour stated the issues relatmgsct^rrows Dock have not been resolved. Jabbour indicated he has discussed this matter with afStwof^hc residents of this area who have expressed dissatisfaction with the parking. Jabbour stated a conSbnsqswas reached with the neighbors that this was primarily a personal matter and that the City should'^tohq^' not be involved. Jabbour stated he suggested a meeting be held w ith all the owners of the doeCSTo^n^o obtain first rights of refusal for the purchase of the dock lots by the ow ners of adjacent propertK Mayor Jabbour stated the issue relating to the additional water patrol was not meeting with Page 9 G V r % REQUEST FOR COUNCIL ACTION DATE: July 19,2000 ITEM NO.: Department Approval: Name Paul Weinberger Title Zoning Administrator Administrator Reviewed:Agenda Section: Zoning* Item Description:Narrows Saloon - James Anderst 3380 Shoreline Drive Wayzata, MN 5391 Building Permit Review Zoning: List of Exhibits: B*l, Limited Business District A. B. C. D. Location Map Property Survey Building Plan Standards for B-1 Retail Sales Business District Background: The Cit}' of Orono has issued a building to allow additional remodeling of the Narrows Saloon which includes expanding the bar into the former Minnetonka Photo space, now vacated. The property is located in the B-1 Retail Sales Business District in which a Class II Restaurant is defined as a restaurant which serves intoxicating liquor or has live entertainment. Expansion of the building requires the owner to obtain a conditional use permit since Class II Restaurants are allowed by CUP. Mr. Anderst has met with Staff and has made a formal application for a Conditional Use Permit to be reviewed by the Planning Commission on August 21,2000. However, he would like to continue the remodeling under the existing building permit that has been issued even though a conditional use permit should have been required before the building expansion began. City files indicate no CUP has ever been issued for a restaurant on this property. The use has required a CUP in the B-1 zone since, at least 1967. Expansion of the facility into the former Minnetonka Photo space and a 4 ’ addition to the bathrooms now requires a conditional use permit. Also, the B-1 district requires a commercial site plan review before a building permit can be issued. Normally a commercial site plan review has not been required for minor interior space remodeling, but this application involves expansion of the building envolope. Mr. Anderst has requested approval to proceed with the interior remodeling and restroorn addition, which have been started. The restrooms are being expanded for handicapped accessibility. T^e Narrows Saloon would be required to obtain a conditional use permit which has been applied for, but will not be reviewed by the Planning Commission until August 21, 2000. The conditional use permit would permit live entertainment and expansion of the floor area. •1 Request for Council Action continued Page 2 July 19,2000 Narrows Saloon________________ If the Council permits the Narrows Saloon to proceed with the remodeling and expansion the owner shall provide a letter to the City of Orono stating the continued remodeling is at the owners risk since a conditional use permit is required for the building expansion and live entertainment. COUNCIL ACTION REQUESTED Motion to permit continued remodc- ing of the Narrows Saloon prior to the August 21 st CUP review and prior to issuance of the CUP. !in‘- ijn '>w * ^ . v ‘ i % s UUi 0 i (!0U0 Application Date: 8/16/00 Completion Date: 8/16/00 60 Day Deadline: 10/16/00 Cl. / ur unuiMU REQUEST FOR COUNCIL ACTION Department Approval: Name: Wendy Bottenberg Title: Zoning Administrator/Planner Item Description: H2609 Philip and Karen Skoog 280 Tonka Avenue Variance DATE: 10/9/00 , ITEM NO. Ip Agenda Section: Zoning Zoning District: Lot Area: List of Exhibits: A Resolution B Notice of Planning Commission Action C Staff Report and Exhibits of 9/18/2000 LR-1A One Family Lakeshore Residential District (2 Acre) 23,750 s.f. (.55 acre) Application Summary: The applicant has applied for variances to construct an addition to the rear of the residence and a two stall attached garage with living space above it. The addition to the rear is a 13.6' x 18' dining area. The dining area will be constructed where the deck is currently located. The two stall garage is proposed to be 22' x 24'. It will be on the south side next to the existing one stall tuck under garage. The .55 acre property is very uti !-ed for its 2 acre zoning district. In 1996 the applicants bought and combined to their property 90 feet of additional land to enlarge their property. Even with this additional property the lot is still significantly undersized for the LR-1 A zoning district. The dining area and garage additions will result in an increase of structural coverage on the lot to 2,342 s.f. (9.9%) where 1,570.38 s.f. (6.6%) exists and 3,562.5 (15%) is allowed. The dining area and garage additions will result in an increase of of hardcover in the 500-1000' setback area to 3,153.18 s.f. (13.3%) where 2,706 s.f. (11.39; '•) exists and 8,312.5 s.f. (35%) is allowed. 1. Section 10.27, Subd. 5 (B): Front yard : The minimum requirement shall be observed for the front yard setback: 50 feet. To permit a 43' setback to the property line to construct an attached garage 43' from the front lot line where 50 feet is required. 2. Section 10.27, Subd. 5 (B): Rear yard: The minimum requirement shall be observed for the rear yard setback: 50 feet. To permit a 39' setback to the property line to construct an 13.6' x 18' dining area 39' from the rear lot line where 50 feet is required. PLANNING COMMISSION: The Planning Commission recommended by a 7 to 0 vote to: Approve the application as presented. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. t r w A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.27. SUBDIVISION 5(B), FILE NO. 2608 WHEREAS, Philip A. Skoog and Karen S. Skoog, (hereinafter "the applicarts") are the owners of the property located at 280 Tonka Avenue within the City of Orono (hereinafter "the City") and legally described as follows: Lots 9 and 10, Block 2, Lot 18, Block 5, “Bayside Addition to Lake Minnetonka ”, and that part of Hill Street vacated which lies between the Southerly extensions of the East and West lines of said Lot 9, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.27, Subdivision 5(B) to allow a rear yard setback of 39 ’ where 50' is required for a dining room addition to the rear of the residence and Municipal Zoning Code Section 10.27, Subdivision 5(B) to allow a front yard setback of 43 ’ where 50' is required to allow a two stall detached garage to the south side of the residence. WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on September 18,2000, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: 1. 2. NOW, THEREFORE, BE !T RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #2608. The property is located in the LR-1 A, Single Family Lakeshore Residential Zoning District, where 2 acres or 87,120 s.f. is the minimum lot area. The property consists of approximately .55 acres or 23,750 s.f. 3. The Orono Planning Commission reviewed this application on September 18,2000 Page 1 of 5 litf yifa 4. 5. 6. and recommended approval by a vote of 7 to 0. The Planning Commission made the following findings of fact: A. The Yt acre lot is small compared to the LR-IA zoning district 2-acre standard. B.Hardcover in the 500-1000' zone will increase to 13.3%, remaining below the allowed 35%. C.Structural coverage on the property will increase to 9.9%, remaining below the allowed 15%. D. The residence was built prior to current zoning standards. E. The neighboring residence adjacent to the proposed setback encroachments are sufficiently distant so as to be not negatively impacted by the encroachment. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance will not adversely affect traffic conditions, light, air, nor pose a fire hazard 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 5 1-, r£- f s, CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.27, Subdivision 5(B) to allow a rear yard setback of 39' where 50' is required for a dining room addition to the rear of the residence and Municipal Zoning Code Section 10.27, Subdivision 5(B) to allow a front yard setback of 43' where 50' is required to allow a two stall detached garage to the south side of the residence. Approval is subject to the following conditions; 1.Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2.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 these variances will expire on that date (October 9,2001). 3.Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, 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 or Orono, Minnesota at a regular meeting held on the 9th day of October, 2000. Page 3 of 5 liiMTii <« 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 9th day of October, 2000 by Gabriel Jabbour eind Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of, for said County, personally {^peared ,, 2000, before me a Notary Public within and __________known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. STATE OF MINNESOTA ) Notary Public ) 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 Pace 4 of 5 ! ■ f' I' •'4 pD CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 612-249-4600 ZONING FILE # 2608 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: Septe:nber 19,2000 TO:Philip and Karen Skoog 280 Tonka Avenue Long Lake, MN 55356 COPIES: TYPE OF APPLICATION: Variance DATE OF MEETING: September 18,2000 VOTE: 7 FOR 0 AGAINST Planning Commission recommends the following:•I Approval as submitted. Applicant's next scheduled meeting is confirmed as: City Council on October 9,2000 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. .2 c \ TO: FROM: DATE: SUBJECT: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator Wendy Bottenberg, Assistant Zoning Administrator/Planner September 18,2000 #2608 Philip and Karen Skoog 280 Tonka Avenue Variance •• Public Hearing Zoning District: LR-IA One Family Lakeshore Residential District (2 acre) Lot Area: 23,750 s.f. (.55 acre) List of Exhibits A Analysis Worksheet B Application C Site Plan/ Survey D Views E Hardcover calculations F Photo of Property G Location Map H Plat Map I Property Owner’s List J Permit Record Pertinent Code Sections 1. Section 10.27, Subd. 5 (B): Front yard : The minimum requirement shall be observed for the front yard setback: 50 feet. To permit a 43' setback to the property line to construct an attached garage 43' from the front lot line where 50 feet is required. 2. Section 10.27, Subd. 5 (B): Rear yard: The minimum requiiement shall be observed for the rear yard setback: 50 feet. To permit a 39' setback to the property line to construct an 13.6' x 18' dining area 39' from the rear lot line where 50 feet is required. Application Summary: The applicant has applied for variances to construct an addition to the rear of the residence and n two stall attached garage with living space above it. The addition to the rear is a 13.6' x 18' dining area. The dining area will be constructed where the deck is currently located. The two stall garage is \ oposed to be 22' x 24'. It will be on the south side next to the existing one stall tuck under garage. The .55 acre property ’ is very undersized for its 2 acre zoning district. In 1996 the applicants bought and combined to their property 90 feet of additional land to enlarge their property. Even with this additional property' the lot is still significantly undersized for the LR*1 A zoning district. • The dining area and garage additions will result in an increase of structural coverage on the lot to 2,3<2 s.f (9.9%) where 1,570.38 s.f (6.6%) exists and 3,562.5 s.f (15%) is allowed. • The dining area and garage additions will result in an increase of hardcover in the 500-1000' setback area to 3,153.18 s.f (13.3%) where 2,706 s.f (11.39%) exists and 8,312.5 s.f (35%) is allowed. 1(2608 Philip/Karen Skoog 280 Tonka Avenue Varirnces~p. I !, I- U % 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. Issues for Consideration; 1. Structural coverage is increasing but still below the 15% amount allowed. 2. Hardcover in the 500-1000' setback area will be increasing but still below the 35% amount allowed. 3. The lot is significantly undersized for the LR-1A zoning district. The lot sizes in this neighborhood are more typical of those found in Orono’s LR-IC districts. If this were in the LR- 1C zoning district (.5 acre), which is the size that most of the lots in the neighborhood are, the proposal would meet all the required setbacks. 4. The dining area and attached garage li-ing area addition will not adversely affect adjacent properties. 5. The residence was built well before current zoning standards were adopted. 6. Does the Planning Commission have additional issues or concerns with this proposal? Staff Recommendation: Recommend approval of front yard setback and rear yard setback variances for a garage and dining area additions. »2608 Philip/Karen Skoog 280 Tonka Avenue Variances~p.2 i ■•I r- y F ANALYSIS WORKSHEET Lot Area: Hardcover Calculations: Pi LR-IA Lot Area Required 87,120 s.f. (2 acre) Actual 23,750 s.f. (.55 acre) Structural Coverage: Total Lot Size Total Structural Coverage 23,750 s.f • Allowed: 3,562.5 s.f. (15%) Existing: 1,570.38 s.f. (6.9%) Proposed: 2,343.18 s.f. (9.9%) Distance from shoreline Total area in setback Allowed hardcover Existing hardcover Proposed hardcover 500-1000'23,750 s.f.8,312.5s.f. (35%) 2,706 s.f. (11.39%) 3,153.18 s.f. (13.3%) • i li. b CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S250.00 (S50.00 per each additional variance) Renewal Variance Fee SI50.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFOIL^TION - Site Address l^cm Application U ^ C? 0 S Date Received _£zlklQlL. Amount Paid Y * ro Property Identification Number (PTP) ----- A.ttach legal description to application if not included on required survey, Date Property Acquired. t 1 (month/year) I (do) (do not) also own th^djacent parcels of land. Present use of property: residential _ Zoning District: L^-lA______________ Other (specify).J Name Phone fhome'> ' 00 I ^ v’ork)nyi OWISTR (if different than applicant) Name <r^A._______________ Address: _________ Phone (home). Phone (work). City:.Zip:. Estimated Construction Cost $DESCRIPTION OF REQUEST^ ;;--------- ^ n . .u- icL^ Describe request in detail: c9 CjQJy^ vV> r, ^ /Hfa- ■If,...., .0- CyXJoZ ^ t (attach additional sheets if necessary) VARIANCES REQUIRED ___Lot Area ___Lot Width Setback: Front __Side Hardcover IxFCear Lot Coverage Average Lakeshore Other (specify) HARDSHIP/DESCWPTION of unusual nrtventing Describe tindue hardship or practical dilBMlty or unusual prope^ P , compliance with Zoning Code requirements:^ ^ '' Aw^aO fegiU*? ktXJL^l n dUdlA'" M % 40* c |2 4^Z/pOZ $ 3 y- Q( N89*48V • • • • • • «• •• •• •E^iStinj SKtj"' S89'48£’\2525rrr —'V p rrr^ •« * ^ & • Existing ^ r 9» LAAAI tu B. li.yiil ta rr «> I :•••SheJ • . tr r r w •'^^11 '*• :i______ ,y ^ kr »• r w w ^ , z,*.• , 1 d £ DOv/> 7>//n // mmm g —---------r— - %mi % Jj ?*»^*'*«*^••* ♦r- • '' •* * /V.-•. —! L.J . i r11 111 » ; • • *• . " " * .ii ‘‘ ■• . . .• . /.* j-'-VJr . •• / •■'* ^ ' ■ ^ • • •*.V^ f* ^ I I, $•or I r'l ^w / . v —. -/.' / • ■. - •» ./il v ' •< ••• ‘ *!•• • f l' .• •• •*. .• \ 9 / • t - f- ----------------------------./' «->4 *. . •: J 'o';*-/ '.. . ./•0/c V‘'*' ‘ '•**'' . *■•*’ ~i * M Ji> - • di» fj. — -• 1 !i £u 4 f » I * ; . . _jl_J ____;-------------------------------------------'-----------------------------------*.................................. ...................•‘j^ • .j;’?/''-''’.-',. . • - .••,»**V... • - W • • •••* • • • *• * • ••• ».:• ■ I o r> m • ••• • \ " I ■ L ¥ i T L •• .. . *• • friDYV^ 6KOLOn CA Sj LV'^76(./ ■ :3tAjtiTCOVER CALCULATION WORKSHEET <J^.—^ SETBACK ZONE: (CD CLE ONE) 0-75'75-250’250-500’ EXI5TING HARDCQVE l IN ZONE A. House____________• X Leaxd Width X X X B. Gzrase . U C. Driveway •• •, •.a • • • X X il D. Sidewalk X X E. Patio/Dcck lU-i X X jio. I F. Landscape Underlain By Plastic Or Fabric X X X O. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ,^nOlo +. B ■ X100 : PROPOSED HARDCOVER IN ZONE A. House _____________X LeoiCi LK.\isiy X X X • VTtddi idjfi B. Garage C. Driveway ^•4 X X Da 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 ,o:ki50 xlOO 500-1000’ 15103^S.F. S.F. • S.F. S.F. S.F.» • ■ gio ■S.F. S.F. • a • S.F. •S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. % \^no. 38 S.F. S.F. S.F. ^S.F. 6^%S.F. ^10 S.F. S.F. • -S.F. • a •S.F. • •• S.F. S.F. S.F. ---------- S.F. -------------------"S.F. • S.F. SISS.li S.F. S.F. /=?.3 49 A B i\ * -A L i\h'^ ‘V c fe{®;.t.:*.:..-wv;;-:rT)'i ■®P m I iti -----%ri«tsvl ‘'. • lt4fi . • • •: >. Ci *v>' ■■ ■ I • *“'•* ■ •■ ■‘r.* 4*/'-V^'>/’^.!-S ’^' r.' . •'• !"'V.•••'<• . W .Wt- •* ■■■■. ;. - ■V**' ' .' w‘. &••.•• ••.••.. 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Biiooi^ u\i|^ os-m-^3 )RD N084) 1B9J9 ” S a(39) *1 “ (12) Q 12S.25c^ 25 2 ^ s r 3 1 8 ® 1(55)8 S 5 N 8[ s 6 (17)8j s ' n8 (18)^ 8 8>1 8 125.25 4 ^ o 12S.2S^ K 1(43) ^ s 1 2 N8'i s 3 (56)8 '■ »(0OSS 5 N 8 S 6 (57)8 8 ^ 8l125.25 1 EAST Lye ST _ ^0 50 44 50 «» S29.28 WEST BAYSIDE V 17 (8) J Ptn S I53 ? •oI o <i Wi jaz % i WEST BAYSIDE RO (CO RO HO^tA) 303797 N89M2 ’15*W 00 267.29 3 3 ff s * / j' ..r-'Vx . ^OO V < \ ■/I MM BATE tS/«7/00 BATCH S«1 PROP ABBR OHHCR HAME TAXPAYER NANE/ABOR SO tS-llT-ES IS D028 ••29S TONKA AVE HER SCIMXTZ HENRY A ROSIE SCHNXTZ Z95 TONKA AVE LONG LAKE HN 55S5A HEIMEPIN COUNTY PROPERTY INFORHATION SYSTEH PROPERTY OWNERS LIST SA 05-117-23 15 0029 00038 ADDRESS UNASSICNED ESTHER H ADDISON ESTHER H ADDISON 3382 BAVSIDE RD LONG LAKE MN 55SS6 REPORT NO. PX935901 PACE 1 38 05-117-23 13 0030 03900 BAYSIDE RD BIS ESTERS DANIEL 8 SANDRA ESTERS 3900 BAYSIDE RD LONG LAKE Wl 55350 PROP ABBR OWNER NAME TAXPAYER NANE/AODR PROP ABBR OWNER NAHE TAXPAYER NANE/ADDR PROP ABBR OWNER NAHE TAXPAYER NANE/AODR PROP ABBR OWNER NAHE TAXPAYER NANE/ABOR PROP ABBR OWNER NAHE TAXPAYER NANE/ABOR 58 8S-117-23 13 0050 00295 TONKA AVE NARY KAY NCCARTY NARY NCCARTY 295 TONKA AVE LONG LAKE HN 55350 38 05-117-23 19 0022 00205 CRESTVXEH AVE JOHN C NOROAN JOHN C HOROAH 205 CRESTVIEW AVE LONG LAKE HN 55350 38 05-117-23 19 0025 002B5 CRESTVXEH AVE NARK R LARSON NARK R LARSON 285 CRESTVIEW AVE LONO LAKE NN 55350 38 85-117-23 19 0030 00S15 CRESTVIEW AVE D S 8 J H PLAXSTED DAVXO S 8 JOY N PLAXSTED SIS CRESTVIEW AVE LONO LAKE HN 55350 38 05-117-23 19 0001 00280 TONKA AVE P A 8 K S SKOOG PHILIP 8 KAREN SKOOG 280 TONKA AVE LONG LAKE HN 55350 38 05-117-23 19 0020 00295 CRESTVIEW AVE GARY F COLL II GARY F COLL II 295 CRESTVIEW AVE LONO LAKE HN 55350 38 05-117-23 19 0023 00275 CRESTVIEW AVE HAROLD R HANSON ETAL HAROLD R HANSON 275 CRESTVIEW AVE LONG LAKE HN 55350 38 05-117-23 19 0028 00250 TONKA AVE GERALD L BR166S/1RENE BRIGGS GERALD 8 IRENE BRIGGS 250 TONKA AVE LONO LAKE HN 55350 38 05-117-23 19 0031 00325 CRESTVIEW AVE WILLXAH L SULLIVAN WILLXAH SULLIVAN 8917 REGENT AVE N 8105 BROOKLYN PARK IM 55993 38 05-117-23 19 0002 00330 TONKA AVE W L BAERT/S E'SPEER W L BAERT/S E SPEER 330 TONKA AVE LONG LAKE HN 55350 38 05-117-23 19 0021 00255 CRESTVIEW AVE HICHAEL L HCCALL HICHAEL L HCCALL 5390 PIPER RD HOUND liN 55309 38 05-117-23 19 0029 00285 CRESTVIEW AVE HARK R LARSON HARK R LARSON '285 CRESTVIEW AVE LONO LAKE M( 55350 38 05-117-23 19 0029 00230 TONKA AVE S A OLSON SKA OLSON STEVEN A 8 KELLY A OLSON 230 TONKA AVE LONO LAKE HN 55350 38 05-117-23 19 0039 00390 TONKA AVE BRAD D PETERSON BRAD D PETERSON 390 TONKA AVE LONO LAKE HN 55350 TOTAL BATCH 501 00117 r- F \A ■ A PERMIT RECORD cP iiC!^ Cl L Permit No.Date Type of Permit u Application Date: 8/21/00 Completion Date: 8/21/00 60 Day Deadline: 10/20/00 Co/mtr'ii i^/ippTlNG OCT 0 9 2000 REQUEST FOR COUNCIL ACTION CUT ur uiiUjvO Department Approval: Name: Wendy Bottenbcrg Title: Zoning Administrator/Planner Item Description: //2609 Alan and Maxine Opheim 1985 Fagemess Point Road Variance DATE: 10/9/00 ITEM NO. / Agenda Section: Zoning Zoning Dbtrict: Lot Area: List of Exhibits: A Resolution B Notice of Planning Commission Action C Staff Report and Exhibits of 9/18/2000 LR-IC One Family Lakeshore Residential District (1/2 Acre) 13,883 s.f. (.316 acre) Application Summary: The applicant has applied for variances to change an existing concrete patio to a three season porch. The three season porch will be constructed on the existing concrete slab which is located 6.9' from the side lot line where 10' is required. The existing concrete slab and proposed three season porch are located approximately 80' from the OHWL and encroach into the average lakeshore setback by 73'. The three season porch will not alter the views of the adjacent properties. The property to the north is oriented to have lake views to the east rather than the west. The topographic map (Exhibit D) and survey of adjacent property (Exhibit E) shows the rise in the land and a guest house that obscures their view of the lake to the west. The three season porch will increase the structural coverage on the lot to 2,074.5 s.f. (13%) where 1,858.5 s.f. (11.6%) exists and 2,396.25 s.f. (15%) is allowed. • The three season porch will not result in an increase of hardcover coverage in the 75-250' setback area. Proposed is 2,535.4 s.f. (24.1%) where 2,535.4 s.f. (24.1%) exists and 2,625 s.f. (25%) is allowed. 1. Section 10.22, Subd. 1 (B) and Section 10.56, Subd. 16 (C)(6): Average Lakeshore: The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. To permit a variance to encroach 73' into the average lakeshore setback. 2. Section 10.25, Subd. 6 (B):Side Yard: The minimum requirement shall be observed for the side yard setback: 10 feet. To permit a 6.9' setback to the property line to construct a 12' x 18' three season porch where 10 ’ setback is required. PLANNING COMMISSION: The Planning Commission recommended by a 7 to 0 vote to: Approve the application as presented. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.25. SUBDIVISION 6(B), SECTION 10.22, SUBDIVISION 1(B), AND SECTION 10.56, SUBDIVISION 16(C)(6), FILE NO. 2609 WHEREAS, Alan I. Opheim and Maxine V. Opheim, (hereinafter "the applicants") are the owners of the property located at 1985 Fagemess Point Road within the City of Orono (hereinafter "the City") and legally described as follows; Lot 3, Fagemess, including the accretions thereto lying betv/een the northwesterly extensions to the shore line of Lake Minnetonka of the northeasterly and southwesterly lines of said Lot 3, and including the accretions to said Lot 3 lying southeasterly of a line which is parallel with and 40.00 feet southeasterly from the southeasterly line of said Lot 3 and between the southeasterly extensions to the shore line of Lake Minnetonka of the northeasterly and southwesterly lines of said Lot 3, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to allow a three season porch to be constructed on an existing concrete slab located 6.9 ’ from the side yard lot line where 10' is required and Section 10.22, Subdivision 1(B) and Section 10.56, Subdivision 16(C)(6) to allow the three season porch to encroach 73' into the average lakeshore setback. 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 September 18,2000, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2609. Page 1 of 5 II niii>|iiliF.—— IM 2. 3. The property is located in the LR-IC, Single Family Lakeshore Residential Zoning District, where .5 acres or 21,780 s.f. is the minimum lot area. The property consists of approximately .316 acres or 13,883 s.f. The Orono Planning Commission reviewed this application on September 18,2000 and recommended approval by a vote of 7 to 0. 4. The Planning Commission made the following findings of fact: A. Hardcover in the 75-250' zone will not change as a result of the addition. It will remain at 24.1%, below the allowed 25%. B. The average lakeshore setback variance is justified by the conclusion that existing views of the lake enjoyed by neighboring property owners will not be encroached upon by the proposed addition. . 1 C. Lot coverage on the property will increase to 13%, meeting the standard 15% limitation. D. The residence was built prior to current zoning standards. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to ot’.. f property in this zoning district; that granting the variance will not adversely affect iraffic conditions, light, air, nor pose a fire hazard or other danger to neighborinjj :^ropeity; would not merely serve as a convenience to the applicants, but is necessary lo 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. Page 2 of 5 CONC1.USIONS, ORDER, AND CONDITIONS Based upon one or more of the above Ciidings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to allow a three season porch to be constructed on an existing concrete slab located 6.9' from the side yard lot line where 1 O' is required and Section 10.22, Subdivision l(B)and Section 10.56, Subdivision 16(C)(6) to allow the three season porch to encroach 73' into the average lakeshore setback. Approval is subject to the following conditions: 1. 2. 3. 4. 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’. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be e.xercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (October 9,2001). Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood'and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of 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 9th day of October, 2000. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner (s) Page 3 of 5 m STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of October, 2000 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ss. ) On this day of. for said County, personally appeared ., 2000, before me a Notary Public within and know,'. 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. STATE OF MINNESOTA ) Notary Public ) 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 Page 4 of 5 iiii 1 "fifk ‘t . t«l >. l•ffff»*ll. taiU«f«9 |»r •ccvritam l|*«f MUrtu |»t Atr |k»rtl rr l» It IM iMr* IIm« •! |«i» il Itf «trl»t«ilfr|| AAt «t»l»«tttfff If •>*M| ft trie Itl I. »»« UcUtUt i»# •i(tr*.i»»i It f«i« Ui I IrUf • ttIM«tlrf It t* • liar »»<ft It t*e«llrl • lit <t.t; •••! •••it««tirrl| tf00» •r«t*t*i|r»*t !**» »* t«i# 1*1 I ••€ fftktff* Itr l«»l*r«tltf*t •••»ftti«rt It Ik# %•### li<t tl ir»» ti*Mtl*i« f* ••! *«Mt««%ir#|. • tttlttrtlMS li«ft »• «#•? I#| *. OAMUCt I 0m m t m4 utmMM •« •* • «#«#« r* 0m >iii 4 mm^t0\ m0 0f arntm mmikmie t •#» 0mmm tmm. 0» •#<##•« •#■•»• /7f-/4 Si~ l| • li :^S609 rA AS CO ALA.V /. OP/-/&/M 5 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 612-249-4600 ZONING FILE # 2609 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: September 19,2000 TO: Alan and Maxine Opheim 1985 Fagemess Point Road Wayzata, MN 55391 COPIES: TYPE OF APPLICATION: Variance DATE OF MEETING: September 18,2000 VOTE: 7 FOR AGAINST Planning Commission recommends the following: Approval as submitted. Applicant's next scheduled meeting is confirmed as: City Council on October 9,2000 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. L ■* ^ m t r f 4 TO: FROM: DATE: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator Wendy Bottenberg, Assistant Zoning Administrator/Planner September 18,2000 SUBJECT:#2609 Alan and Maxine Opheim 1985 Eagerness Point Road Variance -- Public Hearing Zoning District: LR-IC One Family Lakeshore Residential District (1/2 acre) Lot Area: 13,883 s.f. (.316 acre) List of Exhibits A Analysis Worksheet Application Site Plan/ Survey Topographic Map 1981 Fagemess Point Road-Adjacent property to north Views of porch Photo of Property Location Map Plat Map Property Owner’s List Permit Record B C D E F G H 1 J K Pertinent Code Sections 1. Section 10.22, Subd. 1 (B) and Section 10.56, Subd. 16 (C)(6): Average Lakeshore: The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. To permit a variance to encroach 73' into the average lakeshore setback. 2. Section 10.25, Subd. 6 (B):Side Yard: The minimum requirement shall be observed for the side yard setback: 10 feet. To permit a 6.9' setback to the property line to construct a 12' x 18' three season porch where 10' setback is required. Application Summary: The applicant has applied for variances to change an existing concrete patio to a three season porch. The three season porch will be constructed on the existing concrete slab which is located 6.9' from the side lot line where 10' is required. The existing concrete slab and proposed three season porch is located approximately 80' from the OHWL and encroaches into the average lakeshore setback by 73'. The three season porch will not alter the views of the adjacent properties. The property to the north is oriented to have lake views to the cast rather than the west. The topographic map (Exhibit D) and survey of adjacent propert>' (Exhibit E) shows the rise in the land and a guest house that obscures their view of the lake to the west. The three season porch will increase the structural coverage on the lot to 2,074.5 s.f. (13%) where 1,858.5 s.f. (11.6%) exists and 2,396.25 s.f. (15%) is allowed. #2609 Alan'Maxine Opheim 1985 Fagemess Point Road Variances-p. I I • The three season porch will not result in an increase of hardcover coverage in the 75-250’ setback area. Proposed is 2,535.4 s.f. (24.1%) where 2,535.4 s.f. (24.1%) exists and 2,625 s.f. (25%) is allowed. The City of Orono Building Official reviewed the proposal, inspected the concrete slab and verified that frost footings will be built under the slab, therefore the three season porch can be built on it. Statement of Hardship; I I • The applicants have included their statement of hardship in Exhibit B. The applicants should also be asked for their testimony regarding this issue. Issues for Consideration; 1. Structural lot coverage is increasing but still below the allowed 15%. 2. Massing is not an issue in this proposal in staff’s opinion. The three season porch is approximately 80 ’ from the OHWL and is located on the lakeside of the residence. The adjacent property to the north lake view is directed to the east. The topographic map shows the property to the east rises and really does not have a view of the lake to the west, therefore it will not be adversely affected by the porch. 3. The 10' setback may interfere with the existing patio door since the proposed panel design is in 4' increments. 4. A 10 ’ setback will yield a 9' wide porch which would be less useful than a 12’ wide porch. 5. The hardcover in the 75-250’ setback zone is not increasing. It will remain at 2,535.4 s.f. (24.1%). 6. The residence was built well before current zoning standards were adopted. 7. The only variance requested and granted for this property was in 1977 for remodeling and an addition to the existing residence. 8. Does the Planning Commission have additional issues or concerns with this proposal? Staff Recommendation: Recommend approval of average lakeshore and side yard setback variances for the three season porch. H2609 Alan'Maxine Opheim 1985 Fagerness Point Road Variances~p.2 J:., ' f\ ANALYSIS WORKSHEET Lot Area: LR-IC Lot Area Required 21,780 s.f. (.5 acre) Actual 15,975 s.f. (.366 acre) Structural Coverage; Total Lot Size Total Structural Coverage 15,975 s.f.Allowed: 2,396.25 s.f. (15%) Existing: 1,858.5 s.f. (11.6%) Proposed: 2,074.5 s.f. (13%) Hardcover Calculations; Distance from shoreline Total area in setback Allowed hardcover Existing hardcover Proposed hardcover 75-250’10,500 s.f.2,625s.f. (25%) 2,535.4 s.f. (24.1%) 2,535.4 s.f. (24.1%) u Pr,-. hh * »6 Application # 0^ Date Received Amount Paid ^■Q.SiD 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 /=^/?<s^e-je.A/is: ss_/—^ yjjy 7 ^ Property Identification Number fP.I.D.I 1^*“ 11*7-7.*^ iM__Q OQ.^. Attach legal description to application if not included on required survey. Date Property Acquired AlAAc.i-\ _______________ ^ rid^ Present use of property: X residential ___pother (specify). Zoning District: ___________________________ (month/year) APPLICANT .. Name <0 /^//gVyW Address:PT. City:__ ntCi. v' cpI '«* • OVNER (if different than applicant) Phone (home), ^'ame_____________________________Phone (work)_ Phone (home l *739^ Phone (work) *^73 ~‘2.f03 Zip:^£33. Address:City:.Zip:. DESCRIPTION OF REQUEST Estimated Construction Cost $ £>o 0_ Describe request in detail: C qi^stizvc .T' -3 'Se'/iSo*<7_^---------- n/0 ^xis 'tjk^<» C.O Ay Crs.err^ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area _Lot Width Hardcover Lot Coverage Setback:Front X-Side Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CO?>Oil IONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: ^xis n Ay<£> ^ y'.j/fs /AJ^AC-i-fTO S. <r:tcuAJ er£_ X A/g-gX?— \ Ju^jfi./AAJc:^ ^OAJ^srje.. uJ/T^/kJ 1-07“---7“{f----------- (attach additional sheets if necessary) ' ■ o 1¥. 9 • -, • l;Vi&m 1 sr i • - k WIKL 111 I 8 \ j.' l.t ). I••«.>fl•. ••CU«I*« l»> .<,>MUM iylMf »»!»»•• lUf ••r|ftft»»|rrl» tatff«ii»*i !• iM ifetr* llii» «r ijir «f ikf A«ri»fMt«r|^ If i**t« «t «ri« i«| |. #«« l«ll»4t*f •«ctr*.*»«t !• !••• K| I IfiMf i* • liar »a«rft |« •«r«llal aitfe <•.♦•.* 'rtl «aaiaff«%lrrl| |i»r • f«t»t««|a»S ♦••# »( •••« I..I ; ••• }»|«.tfa ta»l^»a«l* * •) »•*»•»!•>#» la (a# »a»rt •» »•»• r* I t a«»|»r«%lar I. ••€ laat^^Mia* •> !••»» a* i «| »,^2609 LAMItUBVCTOM^liVC. Fia^a* HHW — 9**nm ALA.V /. OPA73/A^ ti —Krv- ■t. f I «•!•* fill tt^.ooo m tU.SM m ,i;dto.5^ \____/ '—/ CTD CEZD CD <-------4 k....i •CD CZD o % m A o A ^Af%r. X fSl.i D MiOCC OCCC CVAttit «Hi • Miecc ««4i • eu.tc«r 0«A|a*ei il«c t*CC fail COtCa me ouruif rucf c«ti •vliSiad tuliOiae • u*3ca esatta. tTiuCfoAft COaCtCIC UM ■C:BCAflOaaA aaciwltt tieas I *>■ mi Sflllf UiMt vtiiiti tdt ■ *U*0O SlCan, ■aiktOAO smrcM caouBO COaraoi • tear. 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W '.:..r-::'... 1 — ft ^* •. •'r-^ - & m W!r *." • , • ^ 'L* ’ V *•* -• '•* 5 • •* V; ^r v>— 1 1^'.>/ » ?. - \ 5^ -M r j»»‘'I •'. *•■ ..........'- •' •• ............. .\.-.t^.-^ L > Unt4 1 «---------1—\ 1 ________1________i—— 1 i 1 1 } f 1 1 1 •1 1 1— ft A* ■ 1 i^ai rI'* ♦ u X fXI»fU& COIL. fM. g^WALL g'.gVAllgVj i*«UM. OM fom toot fWfl. ix»nu6 1 ( ' ^ '//'//'A 0 '// s* % ■1______i - ■ -• 4 ‘ <JXL. ?>o MWCUT {Xlif1tl6 6fA(;^ \ - 0M ISiHWMl fOOfVKii (0 toot tf fii. \• "I A fr* -1 nt ■-:>» I± r 4ffZC?0AM 'ii _ir X *f ccvif. «w «wf-»!5 . I a^wALL gLgVAflgU gr/iiyoAfiQiJ ggfAiL 40iJ i/r^i’-o* r^WALL glgVAflQU I. Ml'VltW (OCH. UOUU u UMjC t. CCU4f&X.f tUtlOJUtf W fi04fW6 fh9 ^ s'. «0 «AT. MJWnK. « tU'.WC It f JJ. THIS ORAWIHC IS THE PROPERTY Of PATH) ENCLOSURES, WC. All RIGHTS RESERVED. OUPIXATTOH Of THIS ORAWWC IN ANY fORM IS MOT PERMITTEO 1WTH0UT THE EXPRESSED tfPTTEN CONSENT Of PATIO ENCLOSURES, INC. UTC &/16/C0 SCAIX • < J" , 2123 010 WCHWAY 8 ,_______ nr* BRICHTON. WH. 55112 I JCB NO. (tli)631-ll00 i 1*155 PASR0JR55 WWf , WAZAfA. I4J 1 Veib G- r . -i . t-l'^r4L4-;-f G t- -1 . w. .. "* <^!Jl /*. ✓ v>' •,V‘-*y.’>- •• 'c--•.,, * '. >>• ► ^ - • s ■V^' -!>■ ■. " V*‘ - •’.' • r^ \~n I M '* ' • I ^ V ;'•■■• -,-/•■ • '...- J"-. b' "•iJ-’;^'’ *'••'■ Cl-»—f~. M '/rwcy ••-•''■ ■ Ci i-:^w ■ 'r/,‘.-v<j ■'W;- * rr I*. 1 fW ji TRAIS END CIA »• * RTH >-400 : . ■;. • ‘ EAST lAKl ST S . XStlibbs V . ^ 31 . o RED OAXU UJ LSI lTRe<ia[ Oak f Ai V •sT.•Course avt: y-:: Courst ft. WEST BAAMCh AO aco Kings: Stubbs X l^Rny. o o ..X • • .. •/ 2\5 * • . /FOX • • • . >'Nort. OAHLAO Forest ■ BRAJiPVlEwUUvE :Lake «\ •'■ttOO 'tro Skogsberg Point Vjyi^OOj^O' O M West J600 • > \ ^ •?. ” • V. • . w •. •j-« «Arm . >*y V,'*’ •-• l; f ORONO Arm 7 ison: Si Bay Shad^ood Point X ■D«=«nit5«<i34i i - , 3 S DEERING /*oo> iA SV \ ISLAND Fagermss Point MiTllll V33 !22St^^ vaopifitf it: i '^TV* I Setont Lake SBRING "AHMS^^------- s-oaoruoAVf afTOK* «.7«55 CMftaii iSIl iS!^ •isiinJift. 1-SHOmjiipi KTZnACHOi Spring Park Crystal I • . .\ .r - * • V . Bay ^ • i "Tuw cmtr> ♦ MW(m LTW SHORELINE o X g xw 9DR 5 i P* f- AJ . Carman m * V i ■V - '■', V V, t i m iiiiiiHiiirilidiiiiiiT II V ****•-" RUN DAT! 08/21/0H •ATCH 5«S HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PXA35401 PAGE 3 PROP AODR ONNER NAME TAXPAYER NAHE/AOOR 36 16'117-23 Ik 0002 01989 FA6ERNESS POINT RO H H NC60VERN ET AL TRUSTEES NARY N 8 PATRICK X MCGOVERN 1989 FA6ERNESS POINT RD WAVZATA MN 55391 PROP AODR OWNER NAME TAXPAYER NANE/AOOR 38 18-117-23 19 0005 01981 EAGERNESS POINT RD M T WHITTINGTON^ J A GROENKE MICHAEL T WHITTINGTON JULIE A GROENKE 1981 riGERNESS POINT RD WAYZATA MN 55391 / ■ « 30 18-117-23 19 0003 01987 EAGERNESS POINT RO M R MILLER t J L MILLER MICHAEL R MILLER t JUDITH L MILLER 1987 EAGERNESS POINT . '1 WAYZATA MN 55391 38 18-117-23 19 0009 01985 EAGERNESS POINT RD A I OPHEin 0 M V OPHEIM ALAN I OPHEIM 1985 EAGERNESS POINT RO WAYZATA MN 55391 38 18-117-23 19 0006 01975 EAGERNESS POINT RD JOHN K PURDY ETAL JOHN K PURDY 1975 EAGERNESS PT RO WAYZATA MN 55391 TOTAL OATCH 503 00005 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 ex) CQ LL.-f 1.1*^ •> rr A \ L^‘ ► Permit No. Ce> Soo 1 ^6(tU •^ss4- ‘ikil ‘7)11 ^(9 9 )? 5S y PERMIT RECORD Date Type of Permit //- zip' "P/- -7~7 U- f'7-7 i-n~is y/'/’>-^/7 fY\X^ *^6c£t^ ^^n/^42lx^ j2c' '/JoiLA 4^ ^ ; I i-' P: kir I Application Date: Deadline: 8/21/00 12/19/00 COllNir.ii OCT 0 9 2000 C\7Y ur unv^iYU REQUEST FOR COUNCIL ACTION DATE: October 4,2000 ITEM NO.: ^ Department Approval: Name Paul Weinberger Title Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: Zoning District: Lot Area: Lbt of Exhibits: #2610 Jerome J. Hall 80 Leaf Street After-the-Fact Variances RR-IB One Family Rural Residential District (2 acre) 36,625 s.f. (0.84 acre) A B C D Site Plan Revised Plan Planning Commicsion Minutes (September 18, 2000) Planning Report (September 13,2000) Application Review: Applicant requests approval of an after-the-fact variance to permit replacement of a deck within the 75' setback to a protected tributary. The applicant has stated the preexisting deck was not safe and needed replacement. In July, 2000 it was observed the deck was being replaced without a permit. The deck has been at^ut 50% completed and is constructed larger than the deck that was removed. Planning Commission Recommendation: The Planning Commission Recommended 7 to 0 to deny the application because the amount of hardcover within the 75' setback would be increased. The Planning Commission also reviewed the application and determined they would have not recommended increasing the size of the deck had the application been reviewed prior to any work being completed. It was the consensus of the Planning Commission they would support replacement of a deck without increasing the hardcover within the 75' setback. Revised Plan: Based on the recommendations made by the Planning Commission, the applicant has proposed a revision to the plan that would remove some of the deck located within the 75' setback and extend to the deck to the south an additional 2' (most of which would be outside of the 75' setback to th<» creek). Please refer to Exhibits A and B showing the survey and proposed plans. The applicant has stated the deck extension to the south rr ay be better because it would require fewer steps up to the deck platform. Some of the deck would I Request for Council Action continued Page 2 October 4,2000 #2610 Jerome J. Hall_____________ be required to remain within the 75* setback due to the existing sliding glass doors being located at the north east comer of the house (with access to the east side of the house). It would be possible to e.xtend the deck further to the south since that portion of the property is outside the 75' setback. COUNCIL ACTION REQUESTED Motion to direct staH* to draft a re.solution for adoption at the October 23,2000 meeting of the Council. i "*1 i 2 ^ / 7 I' rf --. »■ fUA' FI Application Date: 60 Day Deadline: 8/21/00 10/20/00 TO: FROM: DATE: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator Paul Weinberger, Zoning Administrator/Planner September 13,2000 SUBJECT: #2610 Jerome J. Hall 8C Leaf Street After-the-Fact Variance - Public Hearing Zoning District: Lot Area: RR-IB One Family Rural Residential District (2 acre) 36,625 s.f. (.84 acre) Application Summary: Applicant requests approval of an after-the-fact variance to permit replacement of a deck within the 75' setback to a protected tributary. The applicant has stated the preexisting deck was not safe and needed replacement. In July, 2000 it was observed the deck was being replaced without a permit. The deck has been about 50% completed and is constructed larger than the deck that was removed. Preexisting deck = 174 s.f Replacement deck = 244 s.f * Approximately 25 s.f of the replacement deck is outside of the 75' setback. • Lbt of Exhibits A Application B Plat Map C Site Survey D Project Photo E Site Topography F Property Owners Notification List Pertinent Code Section 1.Section 10.56, Subdivision 16 (L) (1) prohibits hardcover within 75' of the ordinary high water level (OH'^T ) of a tributary. Analysis Air photos indicate the preexisting deck was constructed sometime between the mid 1970's to the early 1980's. The City does not have a permit on file for the deck. The replacement deck would include two areas that were not part of the original structure. Please refer to the site plan attached as Exhibit C. At its’ closest point, the deck would not encroach nearer to the protected tributary than the old deck (48' from the OHWL). 02610 Jerome J. Hall 80 Leaf Street After-the-Fact Variance Pagel - Public Hearing w if f p 1 4 \ A deck would continue to provide a landing for a sliding glass door located at the rear of the house. The additional 6' at the south end would not be required for access to the door. The closest the added 6' would encroach to the tributary is 70' where 75' is required. Hardship The applicant has included his hardship statement as part of Exhibit A. The original deck would have been constructed prior to the adoption of the Shoreland Ordinance. The Shoreland Ordinance applies to non-lakeshore property. Section 10,22, which is the ordinance that regulated hardcover prior to 1992, applies only to lots zoned Lakeshore Residential and only to lakeshore properties. The applicant ’s property is zoned RR-1 B and is not a lakeshore property. , Staff Recommendation Staff makes the following recommendation: To approve the variance application to permit replacement of a deck and adding 6' to the size of the deck based on the following finding: 1.A deck has existed for many years in the location of the new deck. The additional 6' of deck would be located 70' from the lakeshore and partially outside of the 75' setback. 2. The house and deck were constructed prior to the adoption of the zoning ordinance. 3. The deck would not encroach closer to the creek than the preexisting deck. 4. The deck is located on an area of the property that is generally flat and does not slope directly to the creek. This condition allows for surface water to infiltrate into the ground better than property with varying topography. Options for Action: 1. Recommend approval of variances. 2. Recommend denial of variances, stating reasons. 3. Table for additional information. 4. Other action. *2610 Jerome J. Hall 80 Leaf Street After-ihc-Fact Variance Page 2 - Public Hearing if \ IK - ■ f. % ANALYSIS WORKSHEET Lot Area; LR-IB Lot Area Required 2 acre Actual 36,625 s.f. (.84 acre) ' Structural Coverage; Hardcover Calculation; •2610 Jerome J. Halt 80 Leaf Street After-the-FKl Variince Page 3 — Public Hearing •I Total Lot Size Total Structural Coverage 36,625 s.f.Allowed: 5493 s.f. (15%) Existing: 1,733 s.f. (4.7%) Proposed: 2,003 s.f. (5.4%) f Distance from Total area in Allowed Existing Proposed shoreline setback hardcover hardcover hardcover 0-75'11,150 s.f.0 s.f. (0%)462 s.f. (4.1%) 507 s.f. (4.5 %) A Application U ^ ^ Date Received 2 1-00 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-ihe-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address Property Identification Number fP.I.D.1 . a • « • «• .• _ A. MM V, </ Attach legal description to application if not included on required survey. Date Propwp^ Acquired ^ /<r//^J:> y (month/year) I (do) 00 ri^ also own the adjacent parcels of land. Present use of property: residential ___other (specify). Zoning District: n 1.3______________________________ APPLICANT Name c J* H Phone rbome->f^:^-t-y-7? • ^ Phone fw’ork'l • ^ **_______ Address: r j /City: Zip: i i \\ OWNTR (if different than applicant) Name __________________' Phone (home). Phone (work). Address:City:.Zip:. Cn DESCRIPTION OF REQUEST Estimated Construction Cost S--------- Describe request in detail: e.^ 11 ^ ^ rie TTg .y- r?i ^ A' ^ c<.rU^ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area _ Setback: ___Lot Width Front Side Hardcover Lot Coverage Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or ^usual property condiuoiw preventmg compliance with Zoning Code requirements: jTpc ^ oV<? c r < h/\/ rrcr\ ' e> i\ in. ----------------------------------------------------------------------- (attach additional sheets if necessary) J *» • [ IP. ■»- •■m-p I I t"NS B \x 1S1 09 1SS41 3^ 1 'i o r D *•>* )L I C:'(. r r-\ ■' 1-'^^ m^m >»;;••:.^ v- :-^45v'',?' 'V'm i^\' •■ <<^@Sl®^ba8« It 'vf v^.V- '.-A iy^l & '^V. •'- /I *^*^' , * ._> , '- 't,::. • ' ‘ ' A>« . • w ^ i|^ •' ^3 w t. 1*1 « W^- ■■ ^ *'i-i JvV<‘Yf B i c 980.0 *- X \ 98:.t - o I 991.5 ; / \ 4^:V 1\ W'"' . \. vC \ \ \) tXn*. O \ 1 / '-^.y \ y Lf' MM DATE A7/S1/EI DATCH S«2 nrar aoor OMNER NAHE TAXPAVER NANE/AOOR S> M-llT-SS 22 EOOS •SITS WATERTOWN RD T C RITTER t K S RITTER THOHAS C t XALLl S RITTER SITS WATERTOWN RO LONO LAKE NN SSS56 PROP Al OWNER NAHE TAXPAYER NAHE/ADDR Sa •A-117-2S 22 •007 •••2S CVONET PL D C I A L SHAU6HNESSY DAVID 8 ANN SHAU6HNESSY 2S CYGNET PL LONO LAKE HN SSSSA PROP AODR OWNER NAME TAXPAYER NANE/ADDR SO •4-117-2S 22 ••!• ••I«S CVONET PL . 0 J EHALT ETAL ^ OREOORV J EHALT Its CYGNET PLACE LONO LAKE NN SSSSA HENNEPIN COUNTY PROPERTY INFORHATION SYSTEN PROPERTY OWNERS LIST REPOKT NO. PAOE 3 SB «4-117-2S 22 OOOA •••BO LEAF ST JEROHE J HALL JERONE J HALL SO LEAF ST LONO LAKE HN 5SS5& 36 04-117-23 22 0005 00110 LEAF ST N S i K J 6R0NBER6 HARK S 6R0NBER0 110 LEAF ST LONO LAKE HN 55356 SB OA-117-23 22 0008 0006S CYGNET PL R 8 Y HOFFATT YVONNE HOFFATT 6S CYGNET PL LONG LAKE HN SSSSfc • 36 04-117-23 22 0004 00065 CYGNET PL / 6 J ENALT ETAL GREGORY J EHALT 105 CYGNET PLACE LONG LAKE HN 55356 • • 38 OS-117-23 il 0001 032AS WATERTOWN RO C 8 A RHANE CARL P RHANE S24S WATERTOWN ROAD LONG LAKE HN 5535A 38 OS-117-23 11 OOOS 00005 LEAF ST E C GRAHAN JR ETAL E C GRAHAN JR 95 LEAF ST LONG LAKE HN SSS5A PMP ADDR OWNER NANE TAXPAYER NAME/AOOR TOTAL DATCH 502 leOOT I CERTIFY THAT THE FACTS REPRESENTED ARE #N ACCURATE AND TRUE REPRESENTATION OF INFORHATION AS XT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY OEPARTHENT OF PROPERTY TAXATION* TO THE BEST OF HY KNOWLEDGE AND BELIEF. DATE ru i:’ il I'n L UCI 0 9 20U0 Application Date: 8/23/00 Completion Date: 8/23/00 60 Day Deadline: 10/23/00 CUY ur wnwivu REQUEST FOR COUNCIL ACTION Department Approval: Name: Wendy Bonenberg Title: Zoning Administrator/Planner Item Description: #2612 Donalvl MacMillan 2550 Fox Street - Variance DATE: 10/02/00 Agenda Section: Zoning Zoning District: RR-IB One Family Rural Residential District (2 Acre) Lot Area: 7.29 acres List of Exhibits: A Resolution B Covenant for Oversized Accessory Structures B Notice of Plannng Commission Action C Staff Report and Exhibits of 9/18/2000 Application Summary: The applicant has requested a variance to permit the construction of a 40' x 40' (1,600 s.f.) accessory building between the principal structure and the street. The accessory building is proposed to be I Vz story, with the half story being a loft. The accessory building will be used for storage. The lot is approximately 350' wide and 900' deep. (The applicant owns the front lot and is in the process of combining them as one parcel). The residence sits on the rear of the property approximately 700' from the street. The proposed location for the accessory building is already prepared due to a different accessory structure which was located there until 1997. The lot is wooded and the location would not require any trees to be removed. Also, the number of trees on the lot will screen the accessory structure from the street and adjacent properties. The accessory building meets all setback requirements for the RR-1 B zoning district and the square footage of the building meets the size restrictions of the oversize accessory structure ordinance. 1. Section 10.03, Subd. 9 (D):Accessory Building Location: No detached garages or other accessory building shall be located nearer the front or street lot line than the principal building on that lot. To permit a 40' X 40' (1,600 s.f.) accessory structure closer to the street lot line than the residence. 2. Section 10.03, Subd. 9 (C): Size Restrictions & Conditions for Oversize Accessory Structures: The maximum oversize accessory structure footprint for a lot of 7.29 acres is 2,600 s.f. PLANNING COMMISSION: The Planning Commission recommended by a 7 to 0 vote to: Approve the application as presented. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. 'v: w I, % £'• r. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE , SECTION 10.03. SUBDIVISION 9(C), SECTION 10.03, SUBDIVISION 9(D), FILE NO. 2612 WHEREAS, Donald C. MacMillan, (hereinafter "the applicant") is the owner of the property located at 2550 Fox Street within the City of Orono (hereinafter "the City") and legally described as follows: Lot 2, Block 1, Beau Marais and Lot 2, Block 1, Beau Marais 2*"* Addition, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (C) to permit the construction of an oversized accessory structure on the lot with a maximum foot print of 1,600 square feet and Municipal Zoning Code Section 10.03, Subdivision 9 (D) to permit the construction of an oversized accessor>' structure closer to the street lot line than the residence. WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on September 18,2000, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Miimesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #2612. 2. The proper!)' is located in the RR-IB, Single Family Rural Residential Zoning District. 3.The Orono Planning Commission reviewed this application on September 18,2000 and recommended approval by a vote of 7 to 0. Page 1 of 5 r h M* ^ L 4. The Planning Commission made the following findings of fact: 5. 6. . » A. The location of the residence is 700' from the street toward the rear of the 7+ acre property, making it impossible to place an accessory structure within the front 7 acres without a variance. B.The accessory building will be located more than 110' from the side lot line and 160' from the front lot line, reducing its potential impact on neighboring properties. C.The height of the proposed building will be significantly lower than the height of the existing house and will be screened from the road by existing trees, therefore the visual intrusion of the accessory structure will be minimal. D.The proposed location required significantly less additional driveway construction than conforming locations north of the residence. The City Council finds that the conditions existing on this property' are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance will not adversely affect traffic conditions, light, air, nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 5 ____i b t . ^ -if- CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council’hereby grants a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (C) to permit the construction of an oversized accessory structure on the lot with a maximum foot pii).« of 1,600 square feet and Municipal Zoning Code Section 10.03, Subdivision 9 (D) to permit the cor; iruction of an oversized accessory structure closer to the street lot line than the residence. Approval is subject to the following conditions: 1.The applicant shall file a restrictive covenant on the property to be filed in the chain of title stating restrictions on subdivisions regarding the placement of the oversized accessory structure. 2.Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (October 9,2001). 3.Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4.The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, his successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 9th day of October, 2000. Page 3 of 5 -4 •f \' 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 9th day of October, 2000 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was execut'-' on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ss, ) Notary Public On this day of for said County, personally appeared ., 2000, before me a Notary Public within and _________________________known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. STATE OF MINNESOTA ) Notary Public ) ss. COUNTY OF HENNEPIN ) On this day of, and for said County, personally appeared 2000, before me a Notary Public within known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 4 of 5 A... . L.rt« i a ' V'^'J ••• ' ■• '■ -1;• ' .Jiiiy t^r- D.4A* JOnSSTOH •«IM* • ■ ■ - •*•••.»••Mjjse.‘KT.ViSJE—i.^—I ni«— Wi—»r*Cl u:rrr:s^:-—r—— BT—.—IHsaaiRjisjESBU*-' • «rw^r • .. t**!!*' CSfflRB** J ■■■—I*—I — •»* T* * I )r—’ • I*1 •yl i '"V ................ ................................................... • ii II I I !l I *••••♦•••••••............. ___ i I .'r-*>"•• lii.-- ■■ ^........ ..i;L- ^ «‘ ............... ,*•• *• ...............y/c-^^...................'* ....—4“ ....-{••• I ,** -.••.•• .* ..•* -x tripir ••*••• • •• •»* . M... • ^ I »<•■»••♦•• •••••^•**** •** / I_ ___I .•••••••••••••*•••••••Jfc‘4********* <:• !'V ! -^\ •V \‘■i 'v "’ .rr...rrr^_' ^.............i............................1— 'l 'j! i %I !* Si;?......••:s ■1 I •:■I t II I ".••O o V Cu > ii Mf ••••%mmwt rnmwtf Job No. % CITY OF ORONO COVENANT FOR OVERSIZED ACCESSORY STRUCTURE THIS COVENANT, made and entered into this day of , 20 __, by (single/husband and wife/a Minnesota corporation), (hereinafter referred to as "Applicants") and the City of Orono, a Minnesota municipal corporation (hereinafter referred to as the "City"). WITNESSETH: M WHEREAS, Applicants have made application to the City for an accessory structure on property located at 2550 Fox Street (PID 04-117-23-41-0008) in Hennepin County, State of Minnesota, legally described as: Lot 2, Block 1, Beau Marais and Lot 2, Block 1, Beau Marais 2""* Addition, Hennepin County, Minnesota (hereinafter refened to as “Subject Property”); and WHEREAS, City staff have reviewed Applicant’s application and have found that the structure requested is defined within Section 10.03, Subdivision 9 (C) of the Orono Municipal Code as an Oversized Accessory Structure ("OAS"); and WHEREAS, Applicant is aware that according to Section 10.03, Subdivision 9 (C)(3)(c), specific conditions exist for an allowable OAS; and WHEREAS, Section 10.03, Subdivision 9 (C)(3)(c) allows issuance of a permit for construction of the subject OAS conditioned upon the execution of this Covenant and its filing in Applicant’s chain of title; and WHEREAS, in order to identify all parties within an interest in the subject property, the Applicant is required to provide title information to City staff as requested. All parties with an interest in this property shall sign this covenant. NOW, THEREFORE, THE PARTIES TO THIS COVENANT AGREE TO THE FOLLOWING: 1.Applicant’s request for one (1) Oversized Accessory Structure ("OAS") on the Subject Property is approved conditioned upon the execution of this Covenant by the City and the Applicant. 2. The following conditions shall control the existence of the OAS: No future subdivision of the Subject Property will be approved that places the OAS within a lot that has no principal structure. Page 1 of3 [% I Should Applicant wish to subdivide the Subject Propertj ’, the OAS may remain without a principal structure for a period to be determined by the Orono City Council. If no principal structure is fully constructed and completed on th. property by the end of the determined period, the OAS must be removed. •■r 3. Should Applicant subdivide the Subject Property, the OAS and the principal structure shall be located within the same lot, which meets the minimum lot area requirement based upon the size of the accessory building, which lot area requirement is detailed in Section 10.03, Subdivision 9 (C)(2) of the Orono Municipal Code. Setback requirements as defined in Section 10..03, Subdivision 9 (C)(a) shall also apply. This Covenant shall be binding upon current and future owners of Subject Property, and shall be filed within the chain of title of the Subject Property. 4.Fee owner(s) of the Subject Property, if not the Applicant, consent to the execution of this Covenant and to its terms, as shown by his/her/their signature(s) upon this document. CITY OF ORONO: B Its Mayor By:. Its City Clerk ACKNOWLEDGEMENT STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _______________________, 20 ___, by_________________________ day of __and and of the City of Orono on behalf of the municipal corporation. Notary Public Page 2 of 3 APPLICANT(S): By:. By:. ACKNOWLEDGEMENT (APPLICANTS) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPn>J ) The foregoing instrument was acknowledged before me this ________________________, 20___, by ______________________ • » day of and (husband and wife/single/a Minnesota Corporation) as their free act and deed/on behalf of the corporation. 0 Notary Public y >• • I FEE 0\SmR(S): By:. By:. ACKNOWLEDGEMENT (FEE OWNERS) * I'''- k STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ________________________. 20___, by ________________________ day of and (husband and wife/single/a Minnesota Corporation) as their free act and deed/on behalf of the corporation. Notary Public Page 3 of3 1 t I* B CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 612-249-4600 ZONING FILE #2612 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: September 19, 2000 TO: Don MacMillan 2550 Fox Street Wayzata, MN 55391 COPIES: Dan Johnston 3425 Hennepin Ave. S Minneapolis, MN 55408 TYPE OF APPLICATION: Variance DATE OF MEETING: September 18,2000 VOTE: 7 FOR AGAINST Planning Commission recommends the following: Approval as submitted. Applicant's next scheduled meeting is confirmed as: City Council on October 9,2000 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 Commissio; i"ir %nr»^— ■ 6 TO: FROM: DATE: SUBJECT: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator Wendy Bottenberg, Assistant Zoning Administrator/Planner September 18,2000 "2612 Donald Macmillan 2550 Fox Street Variance - Public Hearing Zoning District: RR-IB One Family Lakeshore Residential District (2 acre) Lot Area: 7.29 acres List of Exhibits A Application B Applicant letter C Site Plan/ Survey D Views E Photo of Property F Location Map G Plat Map H Property Owner ’s List I Permit Record J Section 10.03, Subd. 9 (C)(3) K Sample Covenant for Oversized Accessory Structures Pertinent Code Sections 1. Section 10.03, Subd. 9 (D):Accessory Building Location: No detached garages or other accessory building shall be located nearer die front or street lot line than the principal building on that lot. To permit a 40' x 40’ accessory structure closer to the street lot line than the residence. 2. Section IQ03, Subd. 9 (C); Size Restrictions & Conditions for Oversize Accessory Structures: The maximum oversize accessory structure footprint for a lot of 129 acres is 2600 s.f. Application Summary: The applicant has requested a variance to permit the construction of an 40’ x 40' (1600 s.f) accessory building between the principal structure and the street. The accessory building is proposed to be 1 Vi story, with the half story being a loft. The accessory building will be used for storage. The lot is approximately 350' wide and 900' deep. (The applicant owns the front lot and is in the rrocess of combining them as one parcel). The residence sits on the rear of the property approximately 700' from the street. The proposed location for the accessory building is already prepared due to a different accessory structure which was located there until 1997. The lot is wooded and the location would not require any trees to be removed. Also, the number of trees on the lot will screen the accessory structure from che street and adjacent properties. The accessory' building meets all setback requirements for the RR-1B zoning district and the square footage of the building meets the size restrictions of the oversize accessory structure ordinance. U2612 Don MacMillan 2550 Fox Street Variances-p. I 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. y^sues for Consideration ; 1. Currently the applicants property is two parcels. The process to legally combined them needs to be completed. City of Orono ordinance prohibits an accessory structure to be dn a property without a principal structure. 2. The accessory building will not impact adjacent properties. 3. This building is subject to the requirements of Section 10.03, Subd. 9(CQ3) which are attached as Exhibit J which reuires the execution of an ‘Oversize Accessory Structure’ covenant. 4. Does the Planning Commission have additional issues or concerns with this proposal? Staff Recommendation; Reconunend approval of the variance to allow construction of a 40' x 40' accessory structure between the principal structure and die street provided the building permit not be issued until the two parcels are legally combined. * r ‘ ♦ H26I2 Don MacMillan 2550 Fox Street Variances-p.2 CITY OF ORONO - VARL^^CiLAPPUCATION Initial Application Fee -ij>^50700^ (S50.00 per each additional variance) Renewal Variance Fee S150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFOI^IATION / Site Address SO Application U 2 (p I 2. Date Received g-Z?- QO Amount Paid ^ T.S'O ^ Property Identification Number (P-T D ) p*/- //7-2-S V/ 00O_Z---- Attach legal description to application if not included on required survey. Date ProEfi££y Acquired - X—, ^do^S?) also own the adjacent parcels of land. Present usTof property: X residendad ___pother (specify). Zoning District: __________________________ .(month/year) APPLICAiNT . Name /iAvn C* Address: ? ^ Phone fhome^ ^ Phone (work) ~ /9'^^ ^•^r-r-r City: __________Z\^\_£Tyo£__ \ “ OWTSTR (if different than applicant) Name //•>■% *'• Phone fhome"! ^ ^ Phone fwork'l <^/l Address: 3 ^ /^y -$'Arg»c»^, DESCRIPTION OF REQUEST Describe request in detail: City: Wr\J^^Zip: / ! Estimated Construction Cost % V'O O. VARIANCES REQUIRED Lot Area ___Lot Width Setback: Front Other (specify) Side Hardcover Rear Lot Coverage Average Lakeshore HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe imdue hardship or practical difficulty or unusual nrtme^ co^itions preven g compliance with Zoning Code requirements; <^e- -------------------- (attach additional sheets if necessary) y. K. Dan Johnston Designer & B uilder 20 years experience Lie. #20230020 Hardship /descriptidn of unusual property conditions Unusual property conditions preventing compliance wth Zoning Code include: □ The proposed site of the structure is located on the site of a similar structure that was moved to another property, therefore, the site is ready to build on. □ Large trees cover the remainder of the property and to prepare another suitable site would require cutting down dozens of trees. □ In addition, neither the house nor the site of the proposed structure can be seen from the street. Therefore, by erecting the structure in the proposed site would have an end result within the intent of the Comprehensive Plan enforced by the Zoning Code. I will answer any questions you may have regarding the above at the meeting of the Planning Commission. Feel free to contact me before that time at the telephone number on the letterhead. Applicant August 17, 20«.X) 3425 Hennepin A venue South Minneapolis , Minnesota 554D8 Phone; 612.360.1976 B •• Vts ... •./ ci f Dan Johnston Designer & B uilder D 20 years experience Lie. #20230020 I . r • Front View, East Side \------------------fT— 2- y (w) X y (h) CMmeois \Overhead door Rear View, W’est Side •f 1 '' 5*2* (w) X 2.5* (h) tmiittf windowi Pages Dan Johnston Designer & Builder D 20 years experience Lie. #20230020 End View, South Side Pa$i 4 Dan Johnston Designer & B uilder D 20 years experience Lie. #20230020 m- Mm End View, North Side 4* (w) X 5’ (b) caseoifitf 1 Pages • I <!■(■■ y. •'I »: ■ * M if M I129ES-.4^^Ipv .« ■^v*:;...r .*■. \.r ^ Zf .• ■. •<’ ... •>'^A« \<>.* * x'.V- M >-v ■ »■> r'-^' -- V. ■ •••• .7* ■- •• hraU* 4H ^' f 7 -1 * •"•y r^' tl "'' -'K • ! ^ <-’' i i' •- I-—1 — tm. } y o**v v^,..7.. ■ T“*- ».s'.-'i». ‘r*^' :■; ■■ -•■ v”ftt%- >*.. ... •. : ^ ^ 1TJ .;-V.>^- r--..'Cr’-r,'.s.'-rr' ■•:. L-:-.'.31;^,.^... . ■.•.1^1<5 '<•? .'• .-? .•7>^‘Vi^^*.- •■ /T.l. .. --^w-.^.- . -.•<• r> :mm WATZATA KOOOMkVEN WEAR cm mIcoppia g|vi«0R ELM MAP *; WATERTOWN WD Q tH0R0 U6H|RED * K lu\«4 -a II XT? CO UN SOMERSET J; I ^OW<^ Slot DEVIN U ——— \ LONGVIEW cm .................................* •^ewoo^^'^,5£»^ ^ ' -Uo. 400 ABMGOON WAY ORON0 m ......................... ^"'ote AO • • o5S A -irf--;'v-i*^ •*'K- Orono. i : Golf p Course .; ) Fdx “ fe. 2. "VXNMKttbiirg) "« 800 .;r; * *..•/•*.' ••......... ..J8^X* '• - v;- * ' - • V FRENCH LAKE Tanager •. I T % Fratch I • . •• GREENTlREft ORONOA tRJ#| 1600 Smith • • •i • .' A. .V. •i ♦ • • it Bracketts Point Bohns Point Crystal Bay • • ■■ • Lafayet > ; V ■ ^ou • » • % RUN DATE •a/23/OR BATCH 552 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. P1AS5401 PACE 27 PROP AOOR OWNER NAIC TAXPAYER NANE/AODR 38 88-117-23 18 0003 00805 WILLOW DR S K H 8 W R PRIEDEHAN JR K H 8 W R PRIEDEHAN JR ' 805 WILLOW DR S LONO LAKE MN 55358 38 08-117-23 81 0003 02850 FOX ST K 8 K ANDERSON KEITH 8 KATHLEEN ANDERSON 2850 FOX ST WAYZATA HN 55301 38 08-117-23 81 0008 00038 ADDRESS UNASSICNED WILLIAM E OCRAM ETAL DEAN R LINDBLOOH 2630 FOX ST WAYZATA MN 55301 PROP AOOR OWNER NAME TAXPAYER NAME/AODR 38 08-117-23 81 0005 02820 FOX ST JOHN N 8 SUSAN D RINCER JOHN 8 SUSAN RINCER 2820 FOX ST WAYZATA MN 55301 38 08-117-23 81 0008 02550 FOX ST DONALD C MACMILLAN TRUSTEE DONALD C MACMILLAN C/O WAVCROSSE INC DEPT 28 P 0 BOX 5828 MPLS MN 55880-5828 38 08-117-23 81 0000 02580 FOX ST W SMITH 8 J VERVOORT-SMITH WILLIAM F SMITH AND JENNIFER E VERVOORT-SMITH 2580 FOX ST WAYZATA MN 55301 PROP AOOR OWISR NAME TAXPAYER NAME/AODR 38 08-117-23 81 0010 82530 FOX ST DONALD C MACMILLAN TRUSTEE DONALD C MACMILLAN C/O WAYCROSSE INC DEPT 28 PO BOX 0300 IVLS MN 55880 38 08-117-23 82 0008 02880 FOX ST D 8 J PLUCKER DARRELL A PLUCKER 2880 FOX ST WAYZATA MN 55301 000038 08-117-23 82 02830 FOX ST DEAN ROBERT LINDBLOOM DEAN R LINDBLOOM 2830 FOX ST WAYZATA HN 55301 PROP AOOR OWNER NAME TAXPAYER NAME/AODR •t* 38 .08-117-23 82 0010 82828 FOX ST D H JAFFRAY 8 H B JAFFRAY 0 H 8 H B JAFFRAY 2828 FOX ST WAYZATA MN 55301 38 08-117-23 83 02825 FOX ST D 8 E PETERSON DAVID E PETERSON 2825 FOX STREET WAYZATA MN 55301 0000 000238 08-117-23 88 02555 FOX ST P E ECKERLINE/M A ECKERLINE PETER E ECKERLINE 2555 FOX ST ORONO MN 55301 raof AODt QIMit NAME TAXPAYit NANE/AOOII TOTAL BATCH 552 05012 t '. STKLET FILE •/ U /X PERMIT RECORD PERMIT NO. A '■> ^ y DATE TYPE OF PER^ Vlii'j ^'. IIT 4) . %9<4 Q117 fi ■^/-7.H l-n-t'i 1 , 1 (>'C_v:. --.g^O_____ I'R 7 nvLcA:)^ ___<9^ 7 C.D .% / ___‘S-c^-qp 8 l(oC> <^m ____• >V -97 a ____'~)yu>cJ\ • S'l-^n Paoa •• •• • —............ ---- - u > 1 <a f I* lamr**-*-* . I s.' ft li ♦t § 10.03 C. Area Restrictions. In all "R” Districts no accessory building shall exceed 1,000 square feet of footprint area except that accessory structures in excess of 1,000 square f:et will be allowed under the following conditions: 1 . Not more than one Oversized Accessor>- Structure (OAS) shall be permitted on any property. An "Oversized Accessory Structure" is defined as an accessory structure of footprint area in excess of 1,000 square feet, except that the following non-rOQfsd accessory structures which exceed 1,000 s.f. footprint area are noi considered as "Oversize Accessory Structures", but are subject to the special setback restrictions of Section 10.03, Subdivision 14 (D): Tennis courts Pools, when pool basin structure (excluding nonencroachment-type patios) is greater than 1,000 s.f. - Paddocks or arenas table: 2. Oversized Accessory Structures are regulated by the following Maximum Allowed Maximum Individual Total of All Accessory Accessory Structure Structure Footprint Areas* Lot Area Footprint Area on a Propertv 0-1.99 acre 1,000 s.f 2,000 s.f 2.00-3.00 acre 1,200 s.f 2,400 s.f i'. •3.01-3.50 acre •1,400 s.f 2,800 s.f fc:.3.51-4.00 acre 1,600 s.f 3,200 s.f 1 ^ 4.01-4.50 acre 1,800 s.f 3,600 s.f 4.51-5.00 acre 2,000 s.f 4,000 s.f •5.01-6.00 acre 2,200 s.f 4,400 s.f 6.01-7.00 acre 2,400 s.f 4,800 s.f 7.01-8.00 acre 2,600 s.f 5,200 s.f 8.01-9.00 acre 2,800 s.f 5,600 s.f ■ ? * .9.01 acre or more 3,000 s.f 6,000 s.f * Excluding non-roofed tennis courts, pools, paddocks, arenas 3. Any Oversize Accessory Structure shall be subject to the following conditions: a) No such accessory structure shall be located within a required yard area (principal structure setbacks must be met). Further, no such structure shall be nearer the front lot line than the front line of the principal residence on the property, and no such accessory structure shall be located less than 30 ’ from the side or rear lot line regardless whether less strict principal structure setbacks apply. ORONO CC 255 (4-1-84) ,• t § 10.03 b) The maximum height for such accessory structure shall be 30' or the defined height of the principal residence structure on the property, whichever is less. c) Such structure shall be allowed only when the property owner agrees and covenants in writing with the City as follows; i. No future subdivision will be approved that places the structure within a lot that has no principal structure, except that the City in its subdivision approval may grant a finite time period in which the oversized accessory structure may remain without a principal structure, in order that a principal structure may be constructed. At the end of this time period the oversized accessory structure must be removed if no principal structure has been constructed. ii. If the property is subdivided, the oversize accessory structure and principal structure will be located together within a lot that meets the minimum lot area requirement for the given size of accessory building. iii. In subdivision approval, the setback required for the oversize accessory structure as defined herein shall remain. Such covenant shall be binding on current and future propert>' owners and shall be filed in the chain of title of the property. Source: Ordinance 72,2nd Series Adopted: 8-14-89 D. Location. No detached garages or other accessory building shall be located nearer the front or street lot line than the principal building on that lot except on lots which have frontage on a lake and rear yard adjacent to a street, accessory buildings located within the street or rear yards of such lots are subject to the setback requirements of Section 10.23, Subdivision 6 (B), Section 10.24, Subdivision 5 (B) and Section 10.25, Subdivision 6 (B) except that detached garages may be located 10 feet from the street or rear lot line when doors face away from the street and a tum-around is provided on site. This section shall not apply to lakeshore lots divided by roadways or comer lots. Source: Ordinance 26,2nd Series Adopted: 7-14-86 1. Location of Principal Building to Lakeshore. No principal building shall be located closer than 75 feet to the natural ordinary high water mark of a lake abutting the property. This lakeshore setback shall be determined as the mean horizontal distance between the natural ordinary high water mark on the lakeshore and the allowable building line. ORONO CC 255-1 (8-14-89) I- CITY OF ORONO COVENANT FOR OVERSIZED ACCESSORY STRUCTURE THIS COVENANT, made and entered into this day of .. 19__,by (single/husband and wife/a Minnesota corporation), (hereinafter referred to as "Applicants") and the City of Orono, a Minnesota municipal corporation (hereinafter referred to as the "City"), WITNESSETH: WHEREAS, Applicants have made application to the City for an accessory structure on property in Hennepin County, State of Minnesota, legally described as: (hereinafter referred.to as "Subject Property"); and WHEREAS, City staff have reviewed Applicants' application and have found that the structure requested is defined within Section 10.03, Subdivision 9 (C) of the Orono Municipal Code as an Oversized Accessory Structure ("OAS"); and WHEREAS, Applicants are aware that according to Section 10.03, Subdivision 9 (C)(3)(c), specific conditions exist for an allowable OAS; and WHEREAS, Section 10.03, Subdivision 9 (C)(3)(c) allows issuance of a permit for construction of the subject OAS conditioned upon the execution of this Covenant and its filing in Applicant's chain of title; and WHEREAS, in order to identify all parties within an interest in the subject property, the Applicants are required to provide title information to City staff as requested. All parties with an interest in this property shall sign this covenant. Page 1 of 4 I j 4> NOW, THEREFORE, THE PARTIES TO THIS COVENANT AGREE TO THE FOLLOWING; 1. 2. 3. 4. Applicants' request for one (1) Oversized Accessory' Structure ("OAS") on the Subject Property is approved conditioned upon the execution of this Covenant by the City and the Applicants. The following conditions shall control the existence of the OAS: A) No future subdivision of the Subject Property will be approved that places the OAS within a lot that has no principal structure. Should Applicants wish to subdivide the Subject Property, the OAS may remain without a principal structure for a period to be determined by the Orono City Council. If no principal structure is fully constructed and completed on the property by the end of the determined period, the OAS must be removed. Should Applicants subdivide the Subject Property, the OAS and the principal structure shall be located within the same lot, which meets the minimum lot area requirement based upon the size of the accessory building, which lot area requirement is detailed in Section 10.03, Subdivision 9 (C)(2) of the Orono Municipal Code. Setback requirements as defined in Section 10.03, Subdivision 9 (C)(a) shall also apply. • This Covenant shall be binding upon current and future owners of Subject Property, and shall be filed within the chain of title of the Subject Property. Fee owner(s) of the Subject Property, if not die Applicants, consent to the execution of this Covenant and to its terms, as shoNwi by his/her/their sit;iiaMre(s) upon this document. Page 2 of 4 CITY OF ORONO: By:. By: Its Mayor Its City Clerk i. ACKNOWLEDGEMENT STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ________________________,19 ___^.by__________________________ day of __and and of the City of Orono on behalf of the municipal corporation. Notary Public APPLICANT(S): By:. By:. ACKNOWLEDGEMENT (APPLICANTS) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ________________________, 19 ___, by ______________________ day of and (husband and wife/single/a Minnesota Corporation) as their free act and deed/on behalf of the corporation. Notary Public Page 3 of 4 y. kt" FEE OWNER(S): By:. By:. ACKNOWLEDGEMENT (FEE OWNERS) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ________________________, 19___. by ________________________ day of and (husband and wife/single/a Minnesota Corporation) as their free act and deed/on behalf of the corporation. Notary Public Page 4 of 4 Application Date: 8/23/00 Deadline: 12/21/00 couNcn. meeting OCT 0 9 2000 REQUEST FOR COUNCIL ACTION CHY vr unuiw DATE: October 4,2000 ITEM NO.: / ^ Department Approval: Name Paul Weinberger Title Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description:#2615 George Stickney 879 Brown Road North Lot Line Rearrangement Zoning District: List of Exhibits: RR-IB One Family Lakeshore Residential District (2 acre) A B C D Resolution Site Plan Planning Commission Minutes (September 18,2000) Planning Report (September 13,2000) Application Review: Lot Area: (Existing) • Parcel 1 Pared 2 1.00 acre 4.45 acres 2.46 acres (excluding wetlands and areas below the OHWL of Dickey Lake) k Lot Area: (Proposed) • • • Parcel 1 Parcel 2 1.10 acre 4.35 acres 2.36 acres (excluding wetlands and areas below the OHWL of Dickey Lake) Required Minimum Lot Size 2.00 acres Summary of Request: The applicants have requested a rearrangement of a conunon property line for properties located at 879 Brown Road North. The properties have been under common ownership for many years. Parcel 1 would remain a residential parcel less than the required minimum lot size for properties in the RR-1B district, however the size of the parcel would increase by about 4,300 s.f. The existing residence would meet setback standards for lots in the zoning district. J i’ ■■ ■ ‘r j y Request for Council Action continued Page 2 October 4,2000 #2615 George Sticknev__________ Parcel 2 is an existing 4.5 acre parcel. About 2 acres of the parcel are located below the OHWL of Dickey Lake or are designated as wetland. Lot area does not include those areas that are designated as Dickey Lake or have been determined to be wetlands. The total existing lot size is 2.46 acres. This would be reduced as 4,300 s.f. of land would be transferred to Parcel 1. The request would include approval for sewer connection to the site. The 2000 Comprehensive Plan has designated the property part of the MUSA expansion area, which would allow sewer service to the property. Planning Commission Recommendation: The Planning Commission Recommended 7 to 0 to approve the request as submitted. COUNCIL ACTION REQUESTED Motion to adopt or amend the resolution approving a lot line rearrangement for George Stickney for property located at 879 Brown Road North (Exhibit A). \ \ * I • r '' gi W [ ■ i. V A A RESOLUTION APPROVING A SUBDIVISION OF A LOT LINE REARRANGEMENT FOR PROPERTY LOCATED AT 879 BROWN ROAD NORTH ' FILE NO. 2615 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision of a lot line rearrangement by George Stickney on behalf of DSR Investments, L.L.C., Derek Read and Shannon Read (hereinafter "the subdividers") of properties legally described as: attached "Exhibit A" (hereinafter "the properties") to be rearranged by transferring of properties new legal descriptions as: attached "Exhibit B" WHEREAS, After due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on September 18, 2000, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the subdividers have completed requirements of the City for a subdivision to rearrange the property lines between the properties. WHEREAS, At their regular meeting held on October 9, 2000, the Orono City Council considered the subdivision application of George Stickney on behalf of Derek Read and Shannon Read, noting the following findings of fact: 1. The property is located within the RR-IB, Single Family Rural Residential District requiring a minimum of 2 acres lot area. The existing lots are as follows: Page 1 of 8 Lot Area:Parcel 1 Parcel 2 1.00 acre 4.45 acres 2.46 acres (excluding wetlands and areas below the OHWL of Dickey Lake) 2. The subdividers have proposed a lot line rearrangement creating two lots meeting the following: Lot Area:Parcel 1 Parcel 2 1.10 acre 4.35 acres 2.36 acres (excluding wetlands and areas below the OHWL of Dickey La’.e) 3. The lots meet the intent of the Comprehensive Plan of the City of Orono by not allowing additional building sites not meeting the permitted density. Parcel 2 would remain over two acres as guided by the Comprehensive Plan and Municipal Zoning Code. 4. 5. 6. 7. 8. The request for a lot line rearrangement will not create additional lots. Parcel 1 is developed as a residential property and Parcel 2 is a vacant property. Parcel 2 extends into Dickey Lake, parcel 2 could be considered as a lakeshore lot, meeting the 200' width requirement both at the shoreline and the at the 150 ’ setback for the Natural Environment I^e. Parcel 2 would be reduced from a 50 ’ lot width to 30’ at its lot line abuUing Brown Road. Parcel 1 currently does not meet the minimum 200’ lot width at Brown Road North. Rearrangement of the common property line would create a conforming lot width of 218’ for Parcel 1. Because the lot line rearrangement is not a subdivision a plat is not required. Applying front/back lot standards would require a 30’ corridor to Parcel 2 and 3.00 acres. The lot has proposed a 30' driveway corridor and would result in a lot more than 3.00 acres when adding the areas that are to be dedicated as drainage easements to the dry buildable portion of the property. Both Parcels 1 and 2 are subject to hardcover restrictions from Dickey Lake and a protected tributary located along the north property line of Parcel 1. Dickey ’s Lake Creek has been identified as a protected waterway and requires a 75 ’ setback for structure and hardcover. Page 2 of 8 9.A 300' shoreland protection area has been established around protected tributaries. The 300’ would allow 0% hardcover within 75’ of the high water level of the creek, 25% hardcover between 75-250’ from the creek and 30%Trom 250-300'. 10.The existing house would not require variances for its location. The survey, attached "Exhibit C", indicates the house does meet required setbacks. The new property line allows the house to expand to the flat area northwest of the structure. The property owner should be advised new construction would require variances for lot area since the lot is under the two acre minimum lot size for the district. 11.Development of Parcel 2 would require the Council approving sewer connection to the property. The proposed Comprehensive Plan would bring both Parcels into the MUSA allowing for the provision of sewer service to the site. The City Council has recently approved sewer connection for the developed property . The lot had a septic system that was non-compliant and no alternate sites were available due to the size of the lot and creek north of the property . NOW, THEREFORE, BE IT RESOLVED, that the City Council cf Orono hereby approves the lot line rearrangement of the above referenced property by the suodividers as shown on the certificate of survey by Mark S. Gronberg, a licensed surveyor of Coffin and Gronberg, Inc., a registered Land Surveyor and Civil Engineer, dated September 6,2000, attached Exhibit "C", and grants a variance to Municipal Code Section 10.28, Subdi /ision 5 (B) to permit Parcel 2 to be a "RECORD LOT" and are granted variances from the zoning chapter requirements for lot width. The approval is subject to the following conditions: 1.Applicant shall dedicate drainage and utility easement 10 ’ along exterior properly lines and 5’ along interior property lines. 2.Applicant shall provide to the City any documentation relating to easements on both properties. 3.3 original surveys of the survey completed by a licensed surveyor in the State of Minnesota shall be submitted, with signature blocks for fmal recording of the new property line. 4.Drainage easement shall be recorded for the property below the 985.5 ’ OHWL of Dickey Lake and over City protected wetlands. Page 3 of 8 'V'" kK'0;. 'J ’ '•!'1 f ri' ► V l"/.. * f ’ i« r:»►j£ 5.A title opinion addressed to tlie City shall be submitted by the property owners, and shall be in a format acceptable to the City Attorney. 6.Accessory buildings shall be relocated to conform with Zoning Standards prior to recording the new legal descriptions of the property. 7. 8. A variance shall be granted creating a "RECORD LOT" for Parcel 2. The aforesaid division shown on the attached Certificate of Survey shall be filed by the City of Orono with either the Hennepin County Recorder's Office or Registrar of Titles Office on or before April 9, 2001 together with a certified original copy of this resolution. 9. The City of Orono shall not issue a building permit for improvements to either of the new parcels prior to recording the subdivision. 10. The approval granted by this resolution shall expire if the division has not been filed by the date specified above. In that event, a new application shall be required for the City of Orono review. LEGAL DOCUMENTS required: a) Title Opinions addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. b) The subdivider must provide certified copies of all recorded easements currently affecting the property. Three Copies of Certificate of Survey for :lling with Hennepin County. Drainage and Utility Easements documents. Page 4 of 8 JL % • Adopted by the City Council of Orono, Minnesota this 9th day of October, 2•III! ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )1 The foregoing instrument was acknowledged before me on this 9th day of October, 2000 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Mmnesota municipal corporation and said instrument was executed on behalf of the City. I t Notary Public Page 5 of 8 f r k "Exhibit A" E)aST;p^G Lgg^ DE^rPTlQN • Pvoid .1, - • • M,- • .• r :• *. : , V '■•. : .. ••... V v!. ^ |)riw4p|t^ 3.e»cn^d k|diiikon Of. sail SouU^ Q^f^the Sou^^ X ‘. . .^uihea^ w su4 Soirth^ Qiiiut^ ot^e Sp^h>V^'QiU^^, H i^qo iik^ Ijnh 635,2^ fwt; thieh^ We^fpa^el 5(^ • Qtocf <>f the Sio^kwert Quarter a distariide" of990 feet; thdke $ou^ ’'! 'E^ 1^ 63^.^1R^: thppde East to the pOiht pr'bc^nraDg,.. ^. •'•...; ‘ ' *1':' , • \ apd -, lip? South 248 feet of that part cf the SOuihepsi Quairtef.’cr the SoutbweM ^ • - \ ;; Sectipo 27, Tow£slpp.. i 18 Nbrth, Raiige 23 West of the 5 th pnnapal i^eridiah,"dfts^^ • as follows: - at a point cn the East line of said Southed Quarter Of tM' • , Southwest Quarter ^ant 3 54.75 feci North of the Southeak epruer of sail . Quaiter of the SpiiAwest Quarter,^^ce North along said Eak fine a distance of <05.25 • ' feet; Uience parcel with the South line of said Southeast Qyarter of the. Soirthweat' ;. (garter a dist^ce of990 feet, thence South crrallel with s^d fiak fine e dikti^ oiT •. 635.25 feet; thence East to the point'of beginning, exc^t the East 253 feet of ie North 198 feet ofsaid South 248 feet. ■' ’ . ’‘ Page 6 of 8 % * -s f 1 i.- r "Exhibit B" I I • » ; ‘ Page 7 of 8 1 ...........■J ¥■ ■¥ t % \\ •..........* * * 'r ■ *24? N \ .‘•X '• ;*N '* f \ 4 4 % / . ^ P--.. V I f Lm t»i< \^'y ' ■ *• • V- ■- M ■Mi I ib;- : s ”H‘ILJ-.. 5»‘ / f I :'l' i ' I -v •. >\ ’ 'Pi■0. '!\ * \' . >. 1 ^mt4M ••' * i •-(■'',V.' »‘V • [V\\ \.\ ‘'V* V niii ■ \\\* rI *». I »*' t \ I I *'>. * * * " V V* \*I V>^ 'NV\* \\V'\V. l^-r\ » N It 246.05 rt"BR6WN •J?OA0 M Jl ,mmm»ft35.2S f.. ii r S' Kr I H Xm (/)m Xm ^ z S O ^ -n 2 -H o m o c z •H -< —* • \ ! I I I I I t I I• It i! i« \l •I • I• •. \ I I I I I I I • •« If V . -D;o ^ ‘D Ofig m S 'll O -n __ to iWS % zzmc/)o -H > o “n CTimo ^ z O m 7s 5 ? m > -< z _ o•o rn 2 ^ At m zm ~K, !• MINUTES OF THE ORONO PLANNING COMMISSION MEETING SEPTEMBER 18,200C SCHEDULED PUBLIC HEARINGS (#5) #2615 GEORGE AND GLORIA JOHNSON, 879 BROWN ROAD NORTH, LOT LINE REARRANGEMENT, 7:50 p.ra. - 8:08 p.m. The Certificate of Mailing and Affidavit of Publication were noted. George Stickney, Developer, and George Johnson, Applicant, were present. Weinberger stated the Applicants are requesting a rearrangement of a common property line for properties located at 879 Brown Road North. The properties have been under common ownership for many years. Lot 1 would remain a residential parcel less than the required minimum lot size for properties in the RR-IB district, with the lot line rearrangement resulting in an increase of Lot 1 by about 4,300 square feet to make it 1.1 acres. Weinberger stated the City Council did approve in 1997 sewer connection to Lot 2. Lot 2 would be decreased from 4.45 acres to 4.35 acres, with Lot 2 being the larger, undeveloped lot located to the rear of the property. Weinberger noted a good portion of Lot 2 is located t below the high water level of Dickey Lake. Weinberger indicated the proposed revision narrows the frontage for Lot 2 along Brown Road from 50 feet to 30 feet, with a 30 foot platted outlot being required for front/back lot subdivisions when providing for driveway purposes only. Weinberger noted Lot 2’s status as a flag lot would not change. Weinberger stated a creek draining Dickey Lake exists along the north property line, with the Creek being defined as a protected waterway and requires a 75 foot setback for structure and hardcover. The property also requires a 50 foot rear yard setback in this zoning district. By rearranging the lot line, the makes more of Lot 2 developable in the future as well as allowing a 30 foot corridor. Both parcels are subject to hardcover restrictions, with an adequate building PAGE 16 c ft J' L.. MINUTES OF THE ORONO PLANNING COMMISSION MEETING SEPTEMBER 18,2000 site being available for Lot 2. Weinberger noted Dickey Lake has been classified as a Natural Environment Lake and requires a 150 foot setback for structure and hardcover. Weinberger stated benefits from the lot line rearrangement result in Lot 1 being able to meet the 200 foot minimum frontage along Brown Road, which it currently does not, and also maintain the two acre density on the rear property. City Staff is recommending approval of the lot line rearrangement as proposed subject to the following conditions: 1. Applicant shall dedicate drain."ge and utility easement ten feet along exterior property lines and five feet along interior property lines. 2. Applicant shall provide to the City any documentation relating to easements on both properties. 3. Prior to City Council review three original copies of the survey completed by a licensed surveyor in the State of Minnesota sha'■ be submitted, with signature blocks. 4. Drainage easement shall be recorded for the property beiow the 985.5 feet OHWL of Dickey Lake and over City protected wetlands. 5. Prior to Council review a title opinion addressed to the City shall be submitted by the property owners. 6. Accessory buildings shall be relocated to conform with Zoning Standards. Stickney stated the lot line rearrangement allows for the small lot to be made slightly bigger and to be oriented in the right direction. Stickney noted the creek provides a natural buffer between the two lots, with the lot line rearrangement enabling the properties to achieve the proper setbacks. Connie Gray, 819 Brown Road North, inquired whether any of Orono’s Ordinances would PAGE 17 ; • t.. MINUTES OF THE ORONO PLANNING COMMISSION MEETING SEPTEMBER 18,2000 require a shared driveway to these two lots. Weinberger stated City ordinances do not prohibit a shared driveway but it is a decision the property owner would make. Weinberger stated any driveway would need to be located five feet off the property line. Stickney indicated they do not have any plans at this time to develop Lot 2. Stickney stated There are a number of trees along the property line which would shield the driveway. Hawn commented she does not have a problem with this application. Lindquist moved, Berg seconded, to recommend approval of Application #2615, George and Gloria Johnson, 879 Brown Road North, Lot Line Rearrangement, subject to the conditions outlined in the September 13,2000 Planner’s Report VOTE: Ayes 7, Nays 0. (#6) #2616 MINNETONKA CENTER FOR THE ARTS, 2240 NORTH SHORE DRIVE, CONDITIONAL USE PERRIIT, 8:09 p.m. - 9:20 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Jim Dayton, Tom Oslund, Gary Gleason, Roxanne Heaton, and Julie Holmquist were present on behalf of the Minnetonka Center for the Arts. Weinberger stated the Applicant is proposing to construct a new facility on their property located at 2240 North Shore Drive. The property has been used as an Arts Center since 1978. The Applicant has indicated they need a new building due to increases in enrollment and attendance over the years. The existing building has structural problems with the foundation and the roof, with the mechanical systems being out of date. Hazards such as asbestos and lead paint are also present in the existing building. PAGE IS •• p' s Application Date: 120 Day Deadline: 8/23/00 12/21/00 TO:Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Paul Weinberger, Zoning Administrator/Planner DATE:September 13,2000 SUBJECT:#2615 George and Gloria Johnson 879 Brown Road South Lot Line Rearrangement - Public Hearing Zoning District:RK-IB One Family Rural Resident' ' District (2 acre) Lot Area: (Existing)Parcel 1 Parcel 2 1.00 acre 4.45 acres 2.46 acres (excluding wetlands and areas below the OHWL of Dickey Lake) Lot Area: (Proposed)Parcel 1 Parcel 2 1.10 acre 4.35 acres 2.36 acres (excluding wetlands and areas below the OHWL of Dickey Lake) Required Minimum Lot Size 2.00 acres List of Exhibits A B C D E Application Plat Map Site Sur\'ey Resolution No. 3982 Property Owners Notification List Summary of Request: The applicants have requested a rearrangement of a common property line for properties located at 879 Brown Road North. The properties have been under common ownership for many years. Parcel 1 would remain a residential parcel less than the required minimum lot size for properties in the RR-1B dis.rict, however the size of the parcel would increase by about 4,300 s.f. The existing residence would meet setback standards for lots in the zoning district. 126 IS George and Gloria Johnson 879 Brown Road South Lot Line Rearrangement - Public Hearing Page I < r npK'- )■ • , -; m. Parcel 2 is an existing 4.5 acre parcel. About 2 acres of the parcel are located below the OHWL of Dickey Lake or are designated as wetland. Lot area does not include those areas that are designated as Dickey Lake or have been determined to be wetlands. The total existing lot size is 2.46 acres. This would be reduced as 4,300 s.f. of land would be transferred to Parcel 1. Pertinent Ordinances: 1. Section 10.28, Subdivision 5 - Lot standards for RR-IB zoning district. 2. Section 10.J6 - Shoreland Overlay District Subdivision 16 (C) - Required setbacks for structures and septic systems from the OHWL of a Natural Environment Lake. Required = 150' b.Subdivision 16 (L) - Hardcover restrictions. Both Lots 1 and 2 will be subject to the hardcover regulations for the Shoreland Overlay District. Hardcover Restrictions Both Parcels 1 and 2 are subject to hardcover restrictions from Dickey Lake and a protected tributary located along the north property line of Parcel 1. Dickey’s Lake Creek has been identified as a protected waterway and requires a 75' setback for stru. *re and hardcover. An origiiinl plan was submitted in August that proposed a driveway access for Parcel 2 along the north side of Parcel 1 . Staff suggested the access should remain south of Parcel 1 to not disturb the rr-ek. A driveway along the north property line would have required grading and hardcover within the protected area of the creek. A 300' shoreland protection area has been established around protected tributaries. The 300' would allow 0% hardcover within 75' of the high water level of the creek, 25% hardcover between 75-250' from the creek and 30% from 250-300'. Required Setbacks Parcel 1 Front Yard = 50 feet Side Yard = 30 feet Rear Yard = 50 feet To protected tributary (north of property line) = 75 feet Parcel 2 Front Yard = 50 feet Side Yard = 50 feet Lakeshore = 150 feet* * Dickey Lake has been classified as a Natural Environment Lake and requires a 150' setback for structure and hardcover #2615 George and Gloria Johnson 879 Brown Road South Lot Line Retirangement - Public Hearing Page2 { i Discussion The common property line would reduce the frontage for Parcel 2 along Brown Road from 50' to 30'. A 30' platted outlot is required fo" front/back lot subdivisions when providing for driveway purposes only. Tliis application is not a plat, it is only rearranging a common lot line. Parcel 2's status as a flag lot would not change. An accessory structure has been located on Parcel 2. The new property line is shown to pass thru the shed. Prior to recording the new legal descriptions the shed shall be removed or relocated to Parcel 1. Several other small buildings would be relocated to Parcel 1 to meet the required 10' setback for accessory structures. , The house would not require variances for its location. The site plan, attached, indicates the house does meet required setbacks. The new property line allows the house to expand to the flat area northwest of the structure. The property owner should be advised new construction would require variances for lot area since the lot is under the two acre minimum lot size for the district. Development of Parcel 2 would require the Council approving sewer connection to the property. The proposed Comprehensive Plan would bring both Parcels into the MUSA allowing for the provision of sewer service to the site. The City Council has recently approved sewer connection for the developed property. The lot had a septic system that was non-compliant and no alternate sites were available due to the size of the lot and creek north of the property. Parcel z has been tested for septic to demonstrate 2 sites are available. The testing results have not been provided to staff identifying the location. Although septic may be available, the property owners will petition the Council for sewer before the Comprehensive Plan is approved by Met Council. Dickey Lake Dickey Lake is a protected lake. The applicants shall provide a drainage easement over the property below the 985.5' OHWL.and for the land above the 985.5' that is classified as wetland. Drainage easements have been dedicated around Dickey Lake as the properties have developed. The wetland boundaries have are .«;hown on the survey. The boundary is at about the 986' contour. Stan^ Recommendation Staff is recommending approval of the lot line rearrangement as proposed subject to the following conditions: 1.Applicant shall dedicate drainage and utility easement 10' along exterior property lines and 5' along interior property lines. 2.Applicant shall provide to the City any documentation relating to easements on both properties. #2615 George and Gloria Johnson 879 Bro\%n Road South Lot Line Rearrangement - Public Hearing Page 3 3. 4. 5. Prior to City Council review 3 original surveys of the survey completed by a licensed surveyor in the State of Minnesota shall be submitted, with signature blocks. Drainage easement shall be recorded for the property below the 985.5' OHWL of Dickey Lake and over City protected wetlands. Prior to Council review a title opinion addressed to the City shall be submitted by the property owners. 6. Accessory buildings shall be relocated to conform with Zoning Standards. 1.0^ ntuiT'-:: , ■ I'l f\ #26! 5 George and Gloria Johnson S79 Brown Road South Lot Line Reamngetnent - Public Hearing Page 4 A Application # ^ (piS" Date Received ^ “ 2 3 ~o o Amount Paid ^*^ 5:0 CITY OF ORONO - SUBDIVISION APPLICATION PROPERTY 1.0CATI0N . . . Siteaddress ______A of- Property Identification Number (PID) '2,1 U oooH Q. ~z,~71 l^'Z'3 3^ c^Qd 3 Please check one - Property ____abstract or _____torrens? Attach legal description to application. APPLICANT Name <5?orc-<.U/.ey Address City __ 0 Cn /jr ^Phone (home) ^ '7S~- l^SS /~i/j Zip iTJb'^hone (work) y~) 6-3 o*?*/ OWNER (if different than applicant) . Name r^o o r r7~i/ A/xT Address City __Or _______Phone (home) cnz~3<P ^ *7 Zip CiZ?n^hone (work)_________ (attach list if more than one) EXISTING LAND USE Number of Tax Parcels Development Size Present use (check) Present Zoning District Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units Other (specify)______ s/ PROPOSAL _ Division for Tu.^ Purposes __ Lot Line Rearrangement Only (no new building sites) _________ Subdivision for New Building Sites Number of Building Sites _________Existing Units _________New Units Total Units l-O PZZIii Proposed Gross Density Minimum Lot Size Proposed Use (check) Units per___Acres Sq. Ft. Dry Buildable Land Residential Other (specify)________ # V- f-/ CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 9 8 2 A RESOLUTION APPROVING A SEWER CONTSECTION AT 879 BROWN ROAD NORTH AS PART OF THE NORTH LONG LAKE/LONG LAKE COUNTRY CLUB ADDITION SEWER PROJECT WHEREAS, the Metropolitan Council has approved up to 50 undefined sewer units for use by the City for properties outside of the MUSA but adjacent lo sewer lines; and WHEREAS, the requirements regarding the 50 undefined units are that the property is adjacent to a sewer linCi that it is an existing residence, and that it has a failing or non-conforming septic system; and WHEREAS, George Johnson has requested that his property at 879 Brown Road North be provided with sewer service as part of the North Long Lake/Long Lake Country Club Addition Sewer Project; and YSTBEREAS, the property at 879 Brown Road North meets the requirements for the use of the 50 undefined units; and WHEREAS, the cost per unit for those properties participating in the sewer project has been set at $13,950.00. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Orono, Minnesota that the property at 879 Brown Road North be provided with sewer service as part of the North Long Lake/Long Lake Country Club Addition Sewer Project, subject to the property being assessed in the amount of $13,950.00. Adopted by the City Comcil of Orono this 13th day of October, 1997. .. ATTEST; mm DATE 08/21/00 iATCH 551 rtOf AODR OMMEII NAHT TAXfAYCII NANE/ADDR iiir^ PROP AODR OMNCR NAHE TAXPAYER NAHE/AOOR PROP AODR OMNER NAHE TAXPAYER NAME/AOBR PROP AODR OMNER NAHE TAXPAYER NAHE/AOOR 30 27-110-23 31 OOIA 02105 SIXTH AVE N DANIEL 0 > RUTH 6 MCPHERSON DANIEL 0 t RUTH 0 HCrHERSON 2105 4TH AVE N LOKS LAKE HN 55^50 30 27-110-23 33 0007 00700 DICKEY LAKE DR G L PETTIS 0 A J PETTIS GERALD L 0 ALICE J PETTIS 700 DICKEY LAKE DR LONG LAKE HN 55350 30 27-110-23 30 0001 00925 BROMN RO N LYLE P COX 0 RIFE LYLE P COX 925 N BROMN RD LONG LAKE HN 55350 30 27-110-23 30 0000 00079 BROWN RD N GEORGE A JOHNSON 0 WIFE GEORGE A JOHNSON G79 BROWN RO N LONG LAKE HN 55350 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 30 27-110-23 32 0018 01000 COX FARM RD TIMOTHY L WHITEIS TIMOTir* L WHITEIS 1000 COX FARM RD LONG LAKE MN 55350 30 27-118-23 33 0012 00900 COX FARM RD S J LEUSNER I J M LEUSNER STEVEN J 0 JULIE H LEUSNER 900 COX FARM RD LONG LAKE MN 55350 30 27-118-23 30 0002 00915 BROWN RO N THOMAS W LANE 8 K:'E THOMAS W LANE 915 BROWN RD NO LONG LAKE MN 55350 30 27-118-23 30 0005 00819 BROWN RO N STEVEN GUY CRAY STEVEN GUY GRAY 819 BROWN RD N LONG LAKE MN 55356 REPORT NO. PI035001 PACL' 19 38 27-118-23 33 0000 00730 DICKEY LAKE OR MARIAN M HOYT MARIAN M HOYT 730 DICKEY LAKE DR LONG LAKE MN 55350 30 27-118-23 33 0021 00850 WILLOW DR N T D CARLSON OJA CARLSON THOMAS D 8 JANE A CARLSON A505 EDINA DLVO EDINA MN 55020 38 27-110-23 30 0003 00030 ADDRESS UNASSICNED G A 8 6 J JOHNSON CEO JOHNSON 079 N BROWN RD LONG LAKE MN 55350 30 27-110-23.30 0006 00809 BROWN RD N LESLIE N BARRY LESLIE N BAR^Y 15615 lOTH AVE N • PLYMOUTH MN 55007 ■i* , I. » PROP ADDR OMNCR NAME TAXPAYER NAME/ADDR PROP ADDR OMNER NAME TAXPAYER NAHE/ADDR 38 27-118-23 30 0007 02095 SALEH CT 0 T LARKIN 8 S B LARKIN BRIAN LARKIN 8 SUSAN LARKIN 2095 SALEM CT LONG LAKE MN 55350 38 27-118-23 03 0023 00900 BROWN RO N NONA. «'81NS NARK M 0 HARIA ROBBINS 900 BROWN RO N LONG LAKE HN '5350 38 27-118-23 .03 0013 01995 WEST FARM RD R L PARRISH 8 C J PARRISH RICHARD L PARRISH 1995 NEST FARM RO LONG LAKE HN 55356 38 27-118-23 03 0020 00038 ADDRESS UNASSIGNED THE FARM AT LONG LAKE THE FARM AT LONG LAKE PTNSHP C/O TIMOTHY ADAMS 1810 WEST FARM ROAD LONG LAKE HN 55356 38 27-118-23 03 0022 01*»90 WEST FARM RO A 8 H BRACHMAN ARMANO E 8 MARY A BRACIilAN 1990 WEST FARM RD LONG LAKE HN 55350 38 27-118-23 03 0025 00960 DROWN RD N CHARLES CLAYT TABOR CHARLES CLAYT TABOR 960 BROWN RD N LONG LAKE MN 55356 oaffl J^as^ 1 ■> 1 » • • (I MINUTES OF THE ORONO PLANNING COMMISSION MEETING SEPTEMBER 18,2000 require a shared driveway to these two lots. Weinberger stated City ordinances do not prohibit a shared driveway but it is a decision the property owner would make. Weinberger stated any driveway would need to be located five feet off the property line. Stickney indicated they do not have any plans at this time to develop Lot 2. Stickney stated There are a number of trees along the property line which would shield the driveway. Hawn commented she does not have a problem with this application. Lindquist moved, Berg seconded, to recommend approval of Application #2615, George and Gloria Johnson, 879 Brown Road North, Lot Line Rearrangement, subject to the conditions outlined in the September 13,2000 Planner's Report. VOTE: Ayes 7, Nays 0. (#6) #2616 MINNETONKA CENTER FOR THE ARTS, 2240 NORTH SHORE DRIVE, CONDITIONAL USE PERMIT, 8:09 p.m. - 9:20 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Jim Dayton, Tom Oslund, Gary Gleason, Roxanne Heaton, and Julie Holmquist were present on behalf of the Minnetonka Center for the Arts. Weinberger stated the Applicant is proposing to construct a new facility on their property located at 2240 North Shore Drive. The property has been used as an Aits Center since 1978. The Applicant has indicated they need a new building due to increases in enrollment and attendance over the years. The existing building has structural problems with the foundation and the roof, with the mechanical systems being out of date. Hazards such as asbestos and lead paint are also present in the existing building. PAGE 18 f-' L ■ MINUTES OF THE ORONO PLANNING COMMISSION MEETING SEPTEMBER 18,2000 Weinberger stated the new facility consisting of approximately 30,000 square feet is proposed to be constructed north of the existing building. Upon completion of the new Arts Center, the old « building would be removed. Issues for the Planning Commission to consider include building height, parking, construction schedule, curb cuts, driveways, parking areas, grading/drainage, off-street loading areas. lighting and landscaping, and the impact to the adjacent properties. Weinberger stated the Applicant is proposing to construct a cooling tower at 44.5 feet in height. which requires a conditional use permit. Section 10.75, Subdivision 1(A) allows cooling towers to exceed the 30 feet maximum height limitation by 50 percent with a conditional use permit. Weinberger noted the majority of the building meets the 30 foot height limitation. Weinberger commented the Applicant will need to increase parking by two additional spaces to allow for a total of 74 parking stalls. The new facility is proposed to be constructed north of the existing building beginning in 2001, with the old building being removed following construction. The construction entrance is tentatively proposed to come from the east side at an entrance to access Briar Street. Staff has concerns with the construction traffic using a smaller residential street and recommends that all construction traffic be redirected to the south entrance to access North Shore Drive. Weinberger indicated the existing entrance is a horseshoe with two access points on North Shore Drive. The access points would be removed and each shifted outward towards the property lines, with the parking areas and driveways meeting the minimum setbacks to the property lines. The Arts Center is proposing a crushed rock aggregate material rather than blacktop for the parking lots. Staff recommends bituminous surfacing for this area. The Applicant is proposing to construct a stormwater management pond located over the PAGE 19 1 * • I • . ' • •. MINUTES OF THE ORONO PLANNING COMMISSION MEETING SEPTEMBER 18,2000 northwest comer of the property. Final design and rate calculations will need to be submittri for review by the City. The City’s intent would be that runoff from virtually all hard surfaces on the site be directed to the stormwater pond. Weinberger noted only one loading berth is being proposed, with the Zoning Code indicating this size school building should have two loading berths. Weinberger stated the Applicant may determine that a second loading berth is unnecessary. The service entrance would be on the west side of the building, which would also be utilized for truck delivery and trash receptable storage. The plan will need to indicate how the dumpsters would be screened and protected to not allow trash to leave the service area. Weinberger noted a lighting plan will need to be submitted by the Applicant for review by City Staff. The Applicant is proposing to plant trees along the east property lines along Briar Street and to screen the property from the residential properties located to the east. Additional trees are to be planted to screen from the residential properties to the north and west. Weinberger stated Hill School is located on the adjacent property, with Hill School currently utilizing the tennis court and an outdoor area. The property is immediately adjacent to the proposed east parking area. The use of the lot for parking is a possible safety issue for the neighboring school, with one option being to require fencing along the property line between the school and Arts Center to define the property boundary and to screen the parking area. * • • • Temporary fencing should be provided along the property lines to Hill School to separate the Construction area from the Hill School property. Weinberger stated constmetion traffic should be limited to access to the southwest entrance. Weinberger recommended if this application is approved, it be subject to the seven conditions outlined in the September 15,2000 Planner’s Report. PAGE 20 * A. f MINUTES OFTHE ORONO PLANNING COMMISSION MEETING SEPTEMBER 18,2000 Julie Holmquist gave a brief background on the history of the Minnetonka Center for the Arts, with the new facility intended to be a distinguished building that will meet the present and future needs of the Arts Center. Holmquist commented they have gotten good community support for this project and are anxious to commence work on the new facility. Jim Dayton, Architect, stated he has worked with City Staff in order to insure compliance with the City’s Codes. Dayton noted they are planning to house a considerable amount of mechanical equipment in the cooling tower, which necessitates the 44.S foot height as well as providing a focal point for the building. Dayton indicated the signage depicted in the plan does exceed the allowable, with the Arts Center being agreeable to reduce the amount of signage if required. Gary Gleason, Mortenson Construction, indicated he would be fine with the construction access being located off of North Shore Drive. Dayton stated the Arts Center is working with Tom Oslund & Associates on designing the landscaping for this project, with work being undertaken to complete the drawings regarding the stormwater management pond and grading and drainage for this site. Hawn inquired whether they would be able to have the plans completed prior to review by the City Council. Dayton commented he is unable to give a definite time for when the plans will be completed. Weinberger noted the next City Council meeting is scheduled for October 9*. Dayton stated the looped driveway provides access for the school bus, which encompasses a significant amount of traffic to and from the facility. Dayton stated the Arts Center is continuing to address the issues outlined in the Planner’s Report, with a second loading berth being unnecessary at this time. Dayton indicated the Arts Center is in the process of completing the lighting and other plans for this facility at this time. PAGE 21 II { •• MEWTES OF THE ORONO PLANNING COMMISSION MEETING SEPTEMBER 18,2000 I Hawn recommended the Applicant have the plans for this project completed prior to appearing before the City Council. Dayton stated the Arts Center is considering a crushed rock surface for the parking lot in an effort to help reduce the amount of hardcover on the site. Dayton noted they currently have a gravel surface on the existing parking lot. Stoddard noted the proposed facility is 30,000 square feet, with the parking area consisting of 21,000 square feet. Stoddard inquired whether those numbers are accurate. Dayton stated to his knowledge those numbers reflect usable square feet and are accurate. Stoddard commented it was his understanding the lower the cooling tower, the better, and requested the Applicant explain the need for the higher cooling tower. Dayton stated the higher cooling tower was designed primarily with economics in mind and is designed to contain all the mechanical equipment needed for the building. Dayton stated the cooling tower has been designed to be efficient as possible, as well as provide access to the upper level. Stoddard stated he would like to see the height of the cooling tower reduced somewhat as well as compliance with the signage ordinance. Dayton indicated the Arts Center would be willing to remove the signage from the cooling tower • • or reduce the size of the letters. Lindquist inquired what the anticipated noise level will be from the cooling tower. Dayton stated the air handlers will be contained within the spaces, with a heat pump system also being contained in the cooling tower. Hawn commented she would like to see the height of the cooling tower reduced somewhat as PAGE 22 i * r -I niF™rr • MINUTES OF THE ORONO PLANNING COMMISSION MEETING SEPTEMBER 18,2000 well. Lindquist inquired whether the lighting and signage plans will be completed prior to the City Council meeting. Dayton stated they would be. Lindquist stated he would like to see the signage ordinance complied with. Valene Theis, Hill School, stated she would like adequate steps taken to insure the safety of the children during construction of this facility. Theis requested fencing be installed around the construction area while work is ongoing and that notice be given to the school when the asbestos will be removed. Theis stated she was fine with the parking lot in the proposed location. Nancy Wehr, 4355 French Creek Drive, stated she is in support of the project but would like to see sufficient screening along the property line. Wehr stated she will be able to see a significant portion of the building, and requested that bigger trees be planted to help screen the facility. Hawn inquired whether the landscaping and lighting plans could be made available for review by the neighbors. Hawn suggested a meeting with the adjoining property owners be held in order to discuss their concerns. Oslund stated they will have fencing erected during the construction phase. Oslund stated they are aware of the children in the area and will be taking appropriate safety measures to protect them. A resident on French Creek requested that the neighbors also be notified when the asbestos is to be removed. Oslund stated normally when asbestos is removed, the building is sealed off and should not have any Impact on the neighboring properties. PAGE 23 r r wm MINXJTES OF THE ORONO PLANNING COMMISSION MEETING SEPTEMBER 18,2000 Dayton stated due to the fact the money for this projeqj is being donated, they are not able to guarantee the number of trees to be planted. Stoddard stated a landscaping plan has been submitted, with the City requiring that the Applicant follow the approved plan. Stoddard noted strict restrictions are in place regarding the removal of asbestos, and requested that this facility be classified as a school. Steve Kennedy, French Creek Drive, stated he is in support of the project, but would like to see traffic exit further to the east onto French Creek Drive. Gaffron stated because the existing building will still be there during construction, all traffic will be diverted to the left side of the building. Hawn inquired whether the road could be moved slightly to the east. Dayton stated they have discussed this issue with the residents of French Creek, but feel this location is the best to serve the needs of the construction vehicles due to its straighter alignment. Hawn moved, Smith seconded, to recommend approval of Application #2616, Minnetonka Center for (he Arts, 2240 North Shore Drive, subject to the submittal by the Applicant of detailed landscaping plan, drainage/grading plan, lighting plan, and provisions for screening of dumpsters and fencing during construction, and further subject to the other conditions outlined in the September IS, 2000 Planner’s Report, with the understanding the signage will be reduced in order to comply with Orono’s signage Ordinance. The Applicant is also advised that bituminous blacktop is being recommended for the parking area and that advance notice must be given to the adjacent property owners regarding asbestos removal, with the facility being classified as a school regarding PAGE 24 r MINUTES OF THE ORONO PLANNING COM^^SSION MEETING SEPTEMBER 18,2000 removal of the asbestos. VOTE: Ayes 6, Nays 1, Nygard Opposed. Nygard indicated he voted in opposition to the motion due to the number of unresolved issues that still need to be addressed on this application. (Recess taken from 9:20 p.m. - 9:25 p.m.) PUBLIC HEARINGS, CONTINUED (#2) #2604 NARROWS SALOON - JAMES ANDERST, 3380 SHORELINE DRIVE, CONDITIONAL USE PERNHT, 9:25 p.m. - 10:07 p.m. The Certificate of Mailing and Affidavit of Publication were noted, James Anderst, Applicant, and Peter Johnson, Attomey-at-Law, were present. Weinberger stated this application was tabled at the last Planning Commission meeting due to the absence of the Applicant. The Applicant is requesting site plan review and conditional use permit for live entertainment. The City of Orono had issued a building permit to allow additional remodeling of the Narrows Saloon, which includes expansion of the bar into the former Minnetonka Photo space, now vacated. The property is located in the B-1 Retail Sales Business District in which a Class II Restaurant is defined as a restaurant which serves intoxicating liquor or has live entertainment. Expansion of the building requires the owner to obtain a conditional use permit since Class II Restaurants are allowed by conditional use permit. The City Council did vote to * • • allow the remodeling to continue even though a conditional use permit should have been required before to expansion of the building. Weinberger indicated City files indicate no conditional use permit has ever been issued for a restaurant on this property, with the use requiring a conditional use permit since at least 1967. The B-1 Zoning District also requires that a commercial site plan review be completed prior to PAGE 25 ....lilTMBi m le, Application Date: 60 Day Deadline: 8/23/00 10/22/00 TO:Chair HawTi and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Paul Weinberger, Zoning Administrator/Planner Wendy Bottenberg, Assistant Zoning Administrator/Planner DATE:September 15,2000 SUBJECT:U26X6 Minnetonka Center for the Arts 2240 North Shore Drive Conditional Use Permit — Public Hearing Zoning Dbtrict: Lot Area: RR-IB One Family Rural Residential District (2 acre) S.6S acres List of Exhibits: A B C D E F G H Application Project Narrative Site Plan - Existing Site Plan - Proposed Site Plan (indicating location of both buildings) Plat Map Zoning Map Minnetonka Arts Center Submittal Application Summary: The Minnetonka Center for the Arts has proposed to construct a new facility on their property located at 2240 North Shore Drive. The property has been used as an Arts Center since 1978. Prior to being an Arts Center the building had been used as an elementary school since its construction in 1950. The Minnetonka Center for the Arts has stated they need a new building for several reasons. The enrollment and attendance have steadily increased over the past several years. The existing building has 22.000 usable square feet. The newbuilding would have about 30,000 square feet of usable area. They have also stated the existing building has structural problems with the foundation and the roof, ?iid the mechanical systems are out of date. Their letter also refers to such hazards as asbestos and lead paint being present in the existing building. The new facility is proposed to be constructed north of the existing building beginning next year. The following year, upon completion of the new Arts Center, the old building would be removed. During construction, the existing building would remain in use until the new building is complete. A site plan illustrating the building locations has been attached as Exhibit E. «:6I6 Minnetonka Cenwr for the ArU 2240 North Shore Drive CondiUoiul UK Pennit ~ Public Hearing Page I *^ I Pertinent Code Sections: 1. Section 10.28 - Standards for the RH-1B Zoning District 2. Section 10.20, Subdivision 3 - Uses Allowed by Conditional Use Permit in “R ” Districts 2. Section 10.61 - Parking and Sign Provisions Surrounding Properties: « The Mirmetonka Arts Center is located on North Shore Drive with residential property surrounding the lot to the north east and west. North: Open Space Outlot owned by the French Creek Homeowner ’s Association South: North Shore Drive West: French Creek neighborhood (residential use) East: Crystal Bay neighborhood (residential use) and Environmental Learning Center (school) Issues: I. Site Characteristics. Conformity Required/Allowed Existing/Proposed Site area:2 acres 5.65 acres Defined lot width:200’565.5' parking Areas Required front yard:50’50’ Required rear yard:50’NA Required side yard (east):30’30’ Required side yard (west):30’105' Building setbacks: (30’ to service drive) • Front lot line:■ 50’190’ Rear lot line:50’70’ Side lot line (east):50’110’ Side lot line (west):50’118 ’ Building Height:30’30’ The “cooling tower ” is defined at 44.5* in height. Section 10.75, Subdivision 1 (A) allows cooling towers to exceed the 30' maximum height limitation by a conditional use permit. The Section allows certain structures to exceed allowed height by 50%. The majority of the building meets the 30' height limitation. * A Conditional Use Permit is Required •2616 Minnetonka Center for the Arts 2240 North Shore Drive Conditional Use Pennit - Public Hearing Page 2 t k-'> Pertinent Code Sections: 1. Section 10.28 - Standards for the RR-IB Zoning District 2. Section 10.20, Subdivision 3 - Uses Allowed by Conditional Use Permit in “R” Districts 2. Section 10.61 - Parking and Sign Provisions Surrounding Properties: t I The Minnetonka Arts Center is located on North Shore Drive with residential property surrounding the lot to the north east and west. North: Open Space Outlot owned by the French Creek Homeowner ’s Association South; North Shore Drive West: French Creek neighborhood (residential use) East: Crystal Bay neighborhood (residential use) and Environmental Learning Center (school) Issues: 1. Site Characteristics. Conformity Site area: Required/Allowed 2 acres Existing/Proposed 5.65 acres Defined lot width:200'565.5' Parking Areas Required front yard:50'50’ Required rear yard:50'NA Required side yard (east):30'30' Required side yard (west):30’105’ Building setbacks: Front lot line:50' (30' to service drive) 190' Rear lot line:50*70’ Side lot line (east):50'110’ Side lot line (west):50'118 ’ Building Height:30'30’ The “cooling tower ” is defmed at 44.5’ in height. Section 10.75, Subdivision 1 (A) allows cooling towers to exceed the 30' maximum height limitation by a conditional use permit. The Section allows certain structures to exceed allowed height by 50%. The majority of the building meets the 30' height limitation. * A Conditional Use Permit is Required 02616 Minnetonka Center for the Am 2240 North Shore Drive Conditional Die Permit ~ Public Hearing Page 2 No. of Parking Stalls: Community Centers, Physical Cultural Studios and Museums require the following parking standards: Ten spaces plus one for each 300 square feet of floor area in excess of 2,000 square feet of floor space in the principal structure. The Arts Center has calculated the usable floor area as 21,192 square feet. 21,192 s.f.-2,000 s.f.= 19,193 s.f./300 s.f. = 64 + 10 = 74 spaces The site plan indicates only 72 spaces. The final plan set should indicate a total of 74 spaces. Signage Allowance 12 s.f. per surface 192 s.f. ■M: V W MCA letters on cooling tower are 8' X 24’ in size. * A signage variance would be required for this sign. No other signs have been noted. 11. Construction Schedule The new facility is proposed to be constructed north of the existing building beginning in 2001. The following year, upon completion of the new Arts Center, the old building would be removed. During construction, the existing building would remain in use until the new building is complete. The construction entrance is tentatively propo.sed to come from the east side at an entrance to access Briar Street. Staff has concerns with the construction traffic using a smaller residential street. It would be advisable to redirect all construction traffic to the south entrance to access North Shore Drive. HI. Curb Cuts. Driveways. Parking Areas The existing entrance is a horseshoe with two access points onNorth Shore Drive. The access points will be removed and each shifted outward towards the property lines, as shown on the site plan. The parking areas and driveways do meet minimum setbacks to the property lines. The Arts Center has proposed a crushed rock aggregate material rather than black top for the parking lots. They have stated they would prefer to use the rock material for aesthetic purposes rather than the traditional bituminous surface. Biluminous surface lots would allow for striping and would require far less maintenance. Zoning Code Section 10.61, Subdivision 9 (D) requires the lots to be “surfaced with material to control dust and drainage”. Staff believes that bituminous surfacing is most appropriate for this use. IV. Grading/Drainage A stormwater management pond is sho^vn on the plans and would be located over the northwest comer of the property. Final design and rate calculations should be provided for review by the City. No outlet for the pond has been shown on the plans. This information shall be provided prior to 42616 Minnetonka Center for the Arts 2240 North Shore Drive Conditional Use Permit - Public Hearing Page 3 S,: review by the City Council. The grading plan is page L200 in the Minnetonka Arts Center submittal booklet. The City’s intent would be that runoff from virtually all hard surfaces on the site be directed to the stormwater pond. V. Off-Street Loading Areas The service entrance would be on the west side of the building. This would be the area used for truck delivery and trash receptacle storage. The plans should indicate how the dumpsters would be screened, and protected to not allow trash to leave the service area. A fence has been shown in the plans. The fence should be enclosed to completely screen the trash enclosures. While the Zoning Code indicates this size school building should have two loading berths, only ine is proposed. The second loading berth may be unnecessary. VI. Lighting and Landscaping A lighting plan has not been completed for the project. City Ordinance requires that lights sources not be visible at propert>' lines. A final lighting plan shall be provided with the final plan set. The landscaping plan is page L300 in the Minnetonka Arts Center submittal booklet. Trees are proposed to be planted along the east property lines along Briar Street and to screen the propertv’ firom the residential properties located to the east. Additional trees are to be planted to screen from the residential properties to the north and west. VII. Impacts on Adjacent Properties The property is adjacent to the Hill School which uses the tennis court and has an outdoor area used by the students of the School. The area is immediately adjacent to the proposed east parking area. The use of the lot for parking is a possible safety issue for the neighboring school. One option would be to require fencing along the property line between the school and Arts Center to define the property boundary and screen the parking area. The area between the property line and the proposed parking lot is proposed to be sodded. Temporary fencing should be provided along the property lines to the Hill School to separate the construction area from the Hill School property. Construction traffic should be limited to access to the southwest entrance, shown on the plans as the proposed entrance once the buildings aje complete. Options for Action; 1. 3. 4. Recommend approval of the conditional use permits. Planning Commission should provide direction on each of the VII issues discussed above and any other issues that are relevant. Recommend denial, stating reasons. Table. Other action. ^2616 Minnetonka Center for the Am 2240 North Shore Drive Conditional Use Permit - Public Hearing Page 4 h A Application # I Cp Date Receh'ed S **00 Amount Paid ^l-SO CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address 2240 North Shore Drive, Wayzata, MN 55391 Type of Application to be Filed Institutional Property Identification Number (P.I.D.) oi 1723320019 Phone fhome1 (763) 295-6062 ____________________Phone (work) (952) 473-7361 Address 2240 North Shore Drive City Wavzata________Zip, 55311 ------ APPLICANT Name .Tnhn OWNER (if different than applicant) Name Roxanne L. Heaton Address 2240 North Shore Drive City Phone (home) (952) 473-8856 Phone (work) (952) 473-7361 Wavzata________Zip 55391 Date Property Acquired September 7, 1972 I (do) (do not) also own the adjacent parcels of land. (month/year) FEES - CONDITIONAL USE PERMITS - _____$ 75.00 For each variance request with CUP application $175.00 Residential Accessory Use ri* *•' X__$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 within 75' of lakeshore • i P i c •^4 • 5.; 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) _____$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 ■ 1-^ rka.&'-fT kJT* r- Y •» i Project Description from the Minnetonka Center for the Arts I .iiy years ago, the Minnetonka Center for the Arts was simply a good idea, bom out of the enthusiasm, confidence, creativity and determination of a small group of people who agreed to take a summer painting class and see where it might lead. By the time it was incorporated in 1952, MCA already had a reputation for quality programming on a shoestring budget. For its first three decades, the Center thrived in a variety of rented spaces while it refined its mission, gained a sense of identity and enlarged its programs. In the late 1970s, the community took a leap of faith in purchasing the Center’s present home. From its beginning, the Minnetonka Center for the Arts’ purpose has been to help a diverse group of Mirmesotans - particularly families and children - make art a part of everyday life. We believe in tlie value of art making and art appreciation. Art not only transforms materials - wet clay and paint, dry canvas and dusty marble, molten bronze and gold - it can transform lives. Our mission statement is as follows: In the belief that the visual arts are indispensable to a healthy community, it is the mission of the Minnetonka Center for the Arts to provide teaching excellence, quality exhibitions and cultural enrichment for people of all ages, interests and abilities. Our current facility, built in 1950 as an elementary school and purchased/renovated in 1978 by MCA, is past its useful life. For over twenty years, the building has provided space for classes and programs twelve months a year, six days a week, twelve hours a day and has reached the point where it is literally falling apart. Unless it is replaced, MCA will have a future measured in months rather than decades. Though it may not be apparent to visitors, every structural and mechanical system - from climate and security controls, plumbing, structural integrity of the foundation and condition of the roof, to such hazards as asbestos and lead paint - has deteriorated beyond cost-effective repairs. Furthermore, emergency maintenance and high fuel costs are deflecting financial resources from programs. In recent years, MCA has experienced dramatically increased enrollments/attendance at the Center, thereby pushing our facility to its limits and forcing the Board to approve, at its March 17, 1998 meeting, the Crossroads Campaign. In the past seven years, for example, class enrollments have increased by over 80% to more than 5000 per year, with students coming from as far as Aitkin, Willmar, St. Cloud and Delano. The classes include sculpture (clay, stone and bronze), ceramics, painting and drawing, photography, fiber arts, and jewelry making. MC/\ has the only publicly-accessible metal foundry in the Upper Midwest. For its part-time faculty, MCA draws from a group of approximately 100 professional artists who teach and/or conduct workshops at the Center. Our Summer Arts Camp for Children enrolled nearly 800 “campers” this past summer, an increase of nearly 200% since it began in 1990. Furthermore, professional artists, as well as advanced talents who no longer need to take classes, use the Center’s sophisticated equipment for their work. CEI1TEI^T^HT^^ 2240 North Shore Drive, Wayzata. MN 533919127 Til; (952) 473-736 1 Fix: (952) 473-7363 B The Center mounts an average of nine exhibits per year, open to the public without charge, featuring the works of Minnesota and regional professional artists. Attendance at these e.xhibits has increased annually. Community outreach has also increased in recent years. MCA has been collaborating with C.O.N.E.C.T. (Community Organizations Networking Compassionately Together) to provide summer arts camp experiences and seven-week courses in metal working, jewelry making and ceramics for high-risk families and children from low-income neighborhoods. MCA hosts Positive Strokes, a community arts festival for physically- challenged children and adults. MCA collaborates with more than two dozen schools in the seven-county area and sponsors a juried exhibition of student work. MCA also hosts the Twin Cities Suburban Arts Conference which features 150 outstanding arts students and their teachers from fourteen high schools and includes workshops, demonstrations and seminars. Other recent outreach partners include St. David’s Child Development and Family Services, The Minneapolis Institute of Arts, Little Brothers-Friends of the Elderly, Orono Community Education, The Institute of Renewing Leadership at the University of St. Thomas and the Radisson Hotel Corp. For programs that require fees, MCA has a scholarship fund so programs are accessible regardless of ability to pay. Unlike most community art centers, MCA receives no city or county funding. The budget for the 1999-2000 fiscal year (6/30) was $833,600, and 78% of the income was the result of earned revenues, an exceptionally high ratio for an arts organization. For the past 1 1 years, MCA has operated with balanced budgets and is expected to continue to do so. After two years of thorough analysis by architects and construction professionals, including Architectural Alliance and M. A. Mortenson Company, it was determined that the direct and contingent costs of remodeling and enlarging the existing MCA building would likely be as costly as new construction. In addition, remodeling would require closing the Center for at least a year (or partially closing for two years, if the remodeling was staged). Fortunately, MCA has sufficient land (over five acres) that allows for construction of a new facility without interruption of classes in our current facility, thus preventing the likely loss of students and/or faculty. Currently envisioned is a dramatic new arts center of 30,000 sq. ft. as compared to our current 22,000 sq. ft. The building is being designed by James Dayton, the architect who recently designed the Northern Clay Center. The new building will increase useable space by at least 50% and be far more flexible than our current elementary school building. Of particular importance will be vastly expanded and improved exhibition spaces with adequate climate and security controls. The Center draws over 25,000 visitors a year to its exhibits, but the quality of its exhibits has been limited because of a lack of climate and security controls in the galleries. Despite the increase in the size of the building, architects and engineers predict, by virtue of the building design and systems, that monthly operating and maintenance costs will decline by an estimated 20%. MCA has a professional faculty and staff, a strong and growing constituency and a Board that is increasingly capable, responsible and personally invested in the Crossroads Campaign. A Campaign Committee has been at work since the fall of 1998; $4,028,963 has been pledged as of 8/23/00; and payments of over S1.9 million have been received on existing pledges. Included is a $200,000 pledge by an anonymous donor, contingent upon MCA reaching $4.8 million. MCA has identified additional major gift prospects totaling $2.5 million and e.xpects decisions from most by year-end. y-1 ' (i /kV y. ^' For the past eighteen months, MCA’s Board, staff and Building Committee have worked with Mr. Dayton to develop a program and plans for a new building. The initial design concept resulted in a building plan in excess of 32,000 sq. ft. with some special features that proved too costly upon a preliminary analysis and estimate by M. A. Mortenson Company. The design concept has been revised, and the building size has been reduced to just over 30,000 sq. ft. in order to bring estimated costs in line with the building budget and our campaign goal. Our Campaign Conunittee has been successful in its efforts to meet our campaign plan and timetable. We are working with Andrew Currie, of Currie, Femer, Scarpetta & DeVries, as our campaign consultant. Mr. Currie conducted a feasibility study in June 1998. On Saint Patrick’s Day in 1955, a young Minnetonka Center for the Arts (then Wayzata Art Center) faced its first crossroads. A fire at the Wayzata City Hall, the second floor of which housed the fledgling Art Center, destroyed the Center’s facilities. Undaunted, community volunteers found another temporary home at Wayzata High School the next day, and not a single class or program was missed. Today, MCA faces a similar challenge: it must build a new home to continue its programs without interruption, to continue expanding its programs and outreach in response to a growing and diverse interest in the visual arts, and to set the stage for another fifty years of service to the community. A- . it f % m \J) T1 P> .'V n": :■(■• i4 '? • * 11 It ■ I I m 1 %p • yvh«t« Ob^ •— C *> ? K - Ou. a:k. j5 to m ’’w i ABINGOOM WA^RR-1B Frtncn t^Rd PRLHCH CREEK .QRCLE II .^>*MlNNETONIul&' y □ ACKETTS PONT LAKE MINNETONKA.. LAfAYEITE BAY mun TINGT PONT RECPEATi POINT A. T 44 ‘-6“ T.O. SCREEN ^■(■•* . -V 5x';-s is 'I; ?m ■'• W-i yi ;-5; arnymkwm m %mM mm Si* 34 ’-8' parapet PARKLEX 1C EXTERIOR W flat seam galv . metal WALL PANELS. TYPE A FLAT SEAM WALL PANE . GLAZ. SYSTEM, TYP, ‘-Sf- - Application Date: 8/23/00 Completion Date: 8/23/00 60 Day Deadline: 10/23/00 REQUEST FOR COUNCIL ACTION COl IMCU. OCl 0 9 2000. Department Approval: Name: Wendy Bottenberg Title: Zoning .^dministrato^/Planner Item Description: #2617 Doug Olson and Barbara Bowers 2601 West Lafayette Road Variance DAT^;\?/61»oORJ ITEM NO.: Agenda Section: Zoning Zoning District:LR-IB One Family Lakeshore Residential District (1 Acre) List of Exhibits: A Resolution B Notice of Planning Commission Action C Staff Report and Exhibits of 9/18/2000 Application Summary: The applicant has applied for variances to construct a second story addition to the existing residence. The addition is continuation of an ongoing remodeling project, “Phase III”. The proposed addition will be approximately 1500 s.f. and over the east portion of the existing residence In 1996 variances for lakeshore setback, average lakeshore setback and hardcover were granted for “Phase II” of the remodeling project. This portion of the project consisted of additions to the existing residence including a room expansion on the south side of the house in the 75-250' zone and a second story addition above the central portion of the house in the 75-250' zone. Additionally, the entire house and addition got a new '2:12 pitch roof system replacing the existing low 3:12 pitch roof. A portion of the existing house (approximately 30 s.f.) to have the second story addition is located . in the 0-75' setback zone. Further, the entire house is located lakeward of the average lakeshore setback line as drawn between the two adjacent residences. The house sits on a point of the lakeshore. (Exhibit D). Hardcover in the 75-250' zone is 29.0%, and no hardcover changes are proposed. Note Orono policy states that a second story may be added outside the 0-75 ’ zone when the foot print of the building is not increasing regardless of hard cover excesses, therefore a variance for hardcover in this area is not necessary. The adjacent residence to the southeast is on somewhat higher ground, and may currently enjoy minimal views over the existing residence, which may be reduced by the second story addition. However, the main views of the lake for that house are to the east and not affected. Existing vegetation will also act to limit neighbors ’ views hence it is unlikely that average lakeshore setback is a significant issue for this property. No neighbors have indicated a problem to staff as of this writing. Lot coverage by structures currently is approximately 8.8%, will remain the same and well within the 15% limitation. 1. Section 10.22, Subd. 1(A): Lakeshore SctbackRegulations: No principal building shall be locatedcloser than 75 feei to the natural ordinary high water mark of a lake abutting the property. To permit construction of a second story addition where a portion of the e.xisting residence is located within 75' of the ordinary high water mark of Lake Minnetonka. 2. Section 10.22, Subd. I (B) and Section 10.56, Subd. 16 (CK6): Average Lakeshore: The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. To permit a variance to encroach 70' into the average lakeshore setback. PLANNING COMMISSION: The Planning Commission recommended by a 7 to 0 vote to: Approve the application as presented. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. i -J. ■ ’ f ■ , I i : M V . rj A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22. SUBDIVISION 1(A), SECTION 10.22, SUBDIVISION 1(B), AND SECTION 10.56, SUBDIVISION 16(C)(6), FILE NO. 2617 WHEREAS, Douglas J. Olson and Barbara J. Bowers, (hereinafter "the applicants") are the owners of the property located at 2601 West Lafayette Road within the City of Orono (hereinafter "the City") and legally described as follows; Tracts C and F, Registered Land Survey No. 131, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 1 (A) to allow a second story addition on the existing residence where a portion of it lies within 75 ’ of the OHWL of Lake Minnetonka and Sectio.n 10.22, Subdivision 1(B) and Section 10.56, Subdivision 16(C)(6) to allow the second story addition to encroach 70' into the average lakeshore setback. WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on September 18,2000, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. 2. This application was reviewed as Zoning File #2617. The property is located in the LR-IB, Single Family Lakeshore Residential Zoning District. 3.The Orono Planning Commission reviewed this application on September 18,2000 and recommended approval by a vote of 5 to 0. Page 1 of 5 4. The Planning Commission made the following findings of fact: • • •A. $B. [ k ' t C. D. E. • wr' V. F. 5. 6. Hardcover in the 0-75' zone will not change as a result of the’addition. It will remain at 9.1%. Hardcover in the 75-250' zone will not change as a result of the addition. It will remain at 29.0%. The average lakeshore setback variance is justified by the conclusion that existing views of the lake enjoyed by neighboring property owners will not be encroached upon by the proposed addition. Lot coverage on the property is currently 8.8%, and will remain with the proposed addition, meeting the standard 15% limitation. Although the lot size is conforming with an area of approximately 1.5 acres, nearly half of the lot is in the 0-75' setback zone. The shape of the lot and the curve of the shoreline, as weH as the fact that lake exists on both the north and east sides of the property are hardships that are unique to the property. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance will not adversely affect trafRc conditions, light, air, nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary ’ to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 5 1 A ■u. > t '■f CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision 1 (A) to allow a second story addition on the existing residence where a portion of it lies within 75 ’ of the OHWL of Lake Minnetonka and Section 10.22, Subdivision 1(B) and Section 10.56, Subdivision 16(C)(6) to allow the second story addition to encroach 70 ’ into the average lakeshore setback. Approval is subject to the following conditions: 1.Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2.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 these variances will expire on that date (October 9,2001). 3.Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, 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 or Orono, Minnesota at a regular meeting held on the 9th day of October, 2000. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbo'T, Mayor Property Owner (s) Page 3 of 5 •i k' Pm K ■ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of October, 2000 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA ) Notary Public ) ss. COUNTY OF HENNEPIN ) On this day of. for said County, personally appeared 2000, before me a Notary Public within and __________________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. STATE OF MINNESOTA ) Notary Public ) 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 Page 4 of 5 Exhibit A fr V - •. • -V ‘v * f\ 7, ri5' ae^bu-c.^^ ^kisJ^ore, ^buik SITE PLA] LEGEND f I lCC\TlOMlVPii'fO«n L_J If IIINII ITOl V AIH»I r»ON f I io^.AfioNOf morjscn L I sraisD iTu»v oiCK * r~] All K$ Of IMMl* i_j OH nt\ tout If xK'nK .Si OgSCRlP^IQl^ Of>oris AiL\f or %ocfOtf^;u t lUlOCOvtA OH fic\ iOL^ If «H:ori Tfict C and F, Rtgtifirtd Land 8«r«ty No Ut. Mtnrtp^ Ccunry GgNgRAL NQJp^ • • Otnclaa Von monumnl fccrd. • • Otnctti Von monurfiM ^•*1 P'cptrty to ihcftHn# * S3 575 Kus'i f#.» Orivr»ly 10.850 Kui/ - fei» I . Page 5 of5 ^<x* Pecl»ji*i« B/<«kPivirii Hoot# Concrito Wall 711 ICUKt io«! 100 Kuiro ftt: 1.807 K^ifi rt«* 3 368 k 6 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 612-249-4600 ZONING FILE U 2617 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: September 19,2000 TO:Doug Olson/Barbara Bowers 2601 W. Lafayette Road Excelsior, MN 55331 COPIES: Lake Country Builders C/o Sid Levin 339 Second Street Excelsior, MN 55331 TYPE OF APPLICATION: Variance DATE OF MEETING: September 18,2000 VOTE: 7 FOR AGAINST Planning Commission recommends the following: Approval as submitted. Applicant’s next scheduled meeting is confirmed as: City Council on October 9,2000 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. TO: FROM: DATE: SUBJECT; Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator Wendy Bottenberg, Assistant Zoning Administrator/Planner September 18,2000 #2617 Doug Olson and Barbara Bowers 2601 West Lafayette Road Variance — Public Hearing Zoning District: LR-IB One Family Lakeshore Residential District (1 acre) % List of Exhibits A Analysis Worksheet B Application C Addendum to Application D Site Plan/ Survey E Views/Floor Plan F Hardcover Calculations G Photo of Property H Location Map I Plat Map J Property Owner’s List K Pennit Record Pertinent Code Sections 1. Section 10.22, Subd. 1(A): Lakeshore Setback Regulations: No principal building shall be located closer than 75 feet to the natural ordinary high water mark of a lake abutting the property’. To permit construction of a second story addition where a portion of the existing residence is located within 75' of the ordinary high water mark of Lake Minnetonka. 2. Section 10.22, Subd. 1 (B.) and Section 10.56, Subd. 16 (C)(6/Average Lakeshore; The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. To permit a variance to encroach 70' into the average lakeshore setback. Application Summary’: The applicant has applied for variances to construct a second story addition to the existing residence. The addition is continuation of an ongoing remodeling project, “Phase 111”. The proposed addition will be approximately 1500 s.f. and over the east portion of the existing residence. In 1996 variances for lakeshore setback, average lakeshore setback and hardcover were granted for “Phase 11” of the remodeling project. This portion of the project consisted of additions to the existing residence including a room expansion on the south side of the house in the 75-250' zone and a second story addition above the central portion of the house in the 75-250' zone. Additionally, the entire house and addition got a new 12:12 pitch roof system replacing the existing low' 3:12 pitch roof. A portion of the existing house (approximately 30 s.f.) to have the second story addition is located in the 0-75' setback zone. Further, the entire house is located lakeward of the average lakeshore setback line as drawn between the two adjacent residences. The house sits on a point of the lakeshore. (Exhibit D). Douglas Olson/Barbara Bowers 2607 ll'est Lafayette Road VaricmctS'p. I a Hardcover in the 0-75’ setback area is 9.1%, and no hardcover changes are proposed. Hardcover in the 75-250’ zone is 29.0%, and no hardcover changes are proposed. Note Orono policy states that a second story may be added when the foot print of the building is not increasing regardless of hard cover excesses, therefore a variance for hardcover in this area is not necessary. The adjacent residence to the southeast is on somewhat higher ground, and may currently enjoy minimal views over the existing residence, which may be reduced by the second story addition. ' However, the main views of the lake for that house are to the east and not affected. Existing vegetation will also act to limit neighbors’ views hence it is unlikely that average lakeshore setback is a significant issue for this property. No neighbors have indicated a problem to staff as of this writing. Lot coverage by structures currently is approximately 8.8%, will remain the same and well within the 15% limitation. Statement of Hardship ; The applicants have included their statement of hardship in Exhibit C. The applicants should also be asked for their testimony regarding this issue. Issues for Consideration : 1. The second story is not changing the footprint of the existing residence. It is increasing living space but not increasing structural coverage or hardcover. 2. Are any neighbors’ views of the lake negatively impacted by construction of the second story. Is the shape of the shoreline sufficient hardship to justify the granting of an average lakeshore setback variance? 3. Although the lot size is conforming with an area of approximately 1.5 acres, nearly half of the lot is in the 0-75’ setback zone. 4. Is the shape of the lot and the curve of the shoreline, as well as the fact that lake exists on both the north and east sides of the property hardships that are unique to the property? 5. Does the Planning Commission have additional issues or concerns with this proposal? Staff Recommendation : Recommend approval of average lakeshore setback and lakeshore setback variances for construction of a second story addition. #2617 Doug Olson/Barbara Bowers 2601 West Lafayette Road I'ariances-p. 2 |L ' . i' Lot Area; ANALYSIS WORKSHEET f) Vv' LR-IC Lot Area Required •21,780 s.f. (.5 acre) Actual 13,883 s.f. (.316 acre) Structural Coverage ! Total Lot Size Total Structural Coverage 83,575 s.f.Allowed: 12,536.25 s.f. (15%) Existing: 6,868 s.f (8.8%) Proposed: 6,868 s.f (8.8%) No Change * >.Hardcover Calculations; Distance from, shoreline Total area in setback Allowed hardcover Existing hardcover Proposed hardcover 0-75*35,961 s.f 0 s.f (0%)3,273 s.f (9.1%) No Change 3,273s.f (9.1%) No Change 75-250’29,551 s.f 7,387.75s.f (25%) 8,750 s.f (29.0%)No Change 8,750 s.f (29.0%) No Change 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 U Date Received "y Amount Paid ^'&J\'dO-CO r PROPERTY INFORMATION ^ ^ Site Address Z(^e>\ WgST UAfAWTg jLoP>rp , gp.oMo Property Identification Number fP.I.D.1 Z\-'\V\-'Zy2.\- 0003 i! a Attach legal description to application if not included on required survey. Date Property Acquired peCytSTeffcP ------------ I (do) J(do not^also own the adjacent parcels of land. 1- i: 1 _(month/year)\>..}'; •. Present use oF pr*Kj^;-ity: X residential Zoning District: other (specify) APPLICANT Phone (home) ^ > ~ Name DOU6> d gpu/eg-S_____ Phone (work) ( (-W __ Address: ^C^P\ \N. UAf/ar^CTit F<?Prt> City: ________Zip: I _ PE5»d.’O'i?. I uiXL .aWNER^(tf-dtffercnMhatt-apifcmO Phone (home) ----/ x Name CiD i'c’O'hS^'1' Phone (work) A^A'~n\2^\ ^ Address:City7g>t^fq^5i ______Zip: 9S^jJ------ DESCRIPTION OF REQUEST Estimated Construction Cost $ ^oOt Describe request in detail: ------------------------------------ (attach additional sheets if necessary) VARI/v‘ "ES REQUIRED >< Lot Area _Lot Width X Hardcover Lot Coverage X Setback:Front Side Rear X Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements:. (see (attach additional sheets if necessary) Application U |Addendum| CIT\* OF ORONO - VARIANCE APPLICATION ADDENDUM TO APPLICATION FOR: Doug Olson & Barbara Bowers Residence 2601 West Lafayette Road. Orono, MN 55391 DESCRIPTION OF REQUEST History The applicant has previously gone through the variance process [File # 2164] and successfully received a variance to renovate their existing house, even though it was a non-conforming ’r>t. The house extends beyond both lakeshore regulations of the line of sight setback as well as the 75 ft. setback from lakeshore. Additionally, the house was well over the hardcover limitations. In the original renovation, some additional hardcover was added; however, in conjuution with the renovation, a pair of significant portions of the driveway were removed and green-scaped. The original hardcover in the 75-250 foot zone, before the previous construction was 31%, and with construction concluded, the total is now around 29%. The original project was performed in two phases: [1] renovations to the interior of the Easterly half of the home, and [2] renovation and addition over the Westerly half of the home as well as exterior residing on the entire home. Current Situation The applicant now wishes to perform “Phase III” of their project, which entails the addition of a second floor [approx. 1500 SF] over a majority of the Easterly half of the home. The scope of work includes a master suite, two additional bedrooms, and a guest bathroom, as well as the conversion of the existing master bedroom into a library. As mentioned earlier, the area to be expanded is within the lakeshore setback, a portion of which is also within 75 feet of the ordinary high water mark, and the existing hardcover (although no new additional hardcover is being added) on the lot is over the allowable amount. 1. Request for a variance from the average lakeshore setback (line of sight) to allow for the addition to be built over the existing one-story structure. The existing house is completely within this setback, as the house sits on the peninsula tract of the neighborhood. Refer to the site plan, area “A.” 2. Request for a variance from the 75-fcot setback from Lake Minnetonka A significant portion of the existing house is situated within the 75-foot setback, and a portion of this area is desired to be raised to the two story area. Refer to site plan, area “B.” 3. Request for a variance from the hardcover requirements to maintain the current hardcover level as it currently exists. The new addition is scheduled to be built completely over existing hardcover, and no new hardcover will be added as a part of the proposed renovations. MARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Urjque to the land In question Upon quick review of the site, it is realized that it is nearly impossible ;o situate any structure on this property without ignori .g some aspect of the current zoning ordinances. To maintain the line of sight setback on this property would require a new structure be built in the middle of their driveway. The intent of the line of-sight ordinance is to prevent houses being built closer to the lake than their neighbors, thus cutting peripi.eral views from neighboring houses dramatically. This ordinance works for straight shoreline areas, but in the puise of a peninsula, its application <sn’t practical. The current house, as it sits now, is not in any neighbor's view of the lake. This would continue to be the case, even with the second story addition. Unique to the existing structure location The owners do not wish to require a variance from the 75 foot setback, but in order to make the addition practical and architecturally appealing, it is necessary to place the Northern wall of the second story over the main level bearing wall. This creates the space necessary for the third bedroom, and allows for an appealing, subtle and simple second story. Approximately 30 square feet of the new addition hangs into this 75 ft. setback area. t V; 3 "V, ''a ¥ • Unique to the current conditions This property, as noted with provided hardcover calculations, is currently a non-conforming property in regards to the hardcover levels on site. The addition will not create any new hardcover, and this is simply a request to allow the current hardcover levels to be maintained. No new hardcover will be added as part of this plan. APPLICANTS’ LEGAL NAMES Barbara J. Bowers wife Douglas J. Olson husband ■ \ a K ^ J-..v V r‘f ‘ J V D —.1 /T.>. ■•' I ©I tf r^f)' U^ke^hore. SITE PLA^ LEGEND IOCMION or rtor«>iirn Sli OSO SrORV ^IHMfKIN P ux*a\ion or rRorosto SfCJMO sruRY Of CK orvoTts A«F%scr iMPtiurstrsr tiMrftf\K>irf j OfNOTfs %rt\s OF ^0010 •f'tov ro lutncox m ON r«i\ io» s «f'locri PgSCRlPTlQM Tract C ard F. Re^<s!tfa4 land S«r>ty No U1. Mtortpn Ceunry. M GENEPwAL NQTg<t • • D«ncif> gon monun«n( ® • Ctfxolti »on monumfi^ |«f ^/eii Proparty Ornrr^K Poql ^oolBuading Bridi Paving Houaa Concrata y«*a\ Ratainipg Wa3 03 97S iqvara ^al to 950 iquara ftat 7t1 tQuart faal too iquara ftt< 1 807 iquara faat 3 369 iquara faat 404 iquara faat 193 iquara faat nnn Vi) FRONT ELi^ATION SCALKt ME g|WWg * I i I 1 -*r* 1 ilM"-!" 4*11 LAKC SIDE (EAST) ELEVATION SCAUb i/<’-i’-o^ ill |ii III A1 •t a../. ■%. f f\ f) <5 setback ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE A. House Z^'_______ X HARDCOVER CALCULATION WORKSHEET 75-250* 250-500*500-1000* 52i< Len|th Width B. Garage C. Driveway D. Sidewalk E. Paiio/Deck F. Landscape Underlain By Plastic G. Other X X X lf<' 2.9 X X X X X X X X X ^ • IS iscoa AA -- TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE 7-rs; -i- B :^S '!6,= < ■ > n ''C, I X 100 ?. la PRnpf>SFD HARDCOVER IN ZONE A. House ZS________ X Length Wkt'* B. Garage X X X S.F. A- S.F. S.F. S.F. S.F. S.F. S.Fr* S.F. D: S.F. OZ 5.f. D* S.F. E» S.F. tZ S.F. T' S.F. S.F. S.F. S.F. S.F. % S.F. S.F. S.F. S.F. S.F. « 6- ■I ' \ . V , k HARDCOVER CALCULA SETBACK ZONE: (CIRCLE ONE) 0-75’ -VORKSHEET 250-500’500-1000* FVISTINO HARDCOVER IN ZONE A. House gee ATT?^eO e»2.iC9 S.F. Length Width S.F. S.F. S.F. B. Garage C. Driveway ivicLvPc^ AVJU&HBUS6 S.F. see*X X A2.G4 S.F. S.F. D. Sidewalk gCE An>KH€S>X X C»^2.S.F. E. Patio/Deck lan 6.0 X X U>& S.F. p S.F. 6\ - 2J9.0 IS O S.F. e2- F. Landscape Underlain By Plastic Z«>.o X X X I4•^2.|4c» G. Other X A A TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ^^S"70 ^ B 2.%S5l 8,57o B X 100 X 100 PROPOSED HARDCOVER IN ZONE A. House X Lenj^W'idlh B. Garage C. Driveway D. Sidewalk E. Patio/Deck __ F. Landscape Underlain By Plastic .^O X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ _ _ _ _ _ _ B _ _ X 100 S.F. S.F. S.F. S.F. S.F. A Z4,SSI S.F. B 2/J.O____% /O 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 S.F. B 12 vS'l 30-B.rcfi R«^. Uall ... •/, Bacswood # •fmJ 0< \60 L\ fm*m. f* T.*^* V, ,\j .•J^; ’-‘■t'I *'\ <1 : r J ♦ \ -a <‘-fi 4 1 GprOQjC 0^®rV\ofv^ It. -«• Cone. Vfalle — Pool\l 3^“Oajc. ;;K.'A*’i'ii'A* "i —f* • 36* Bosawcxx:/.^\c^— --ci V QjPiii^csapiin \ (no f(a»H<.y 0 ^/Aje ■ ^f-fr ■; \Jo 4 - ^'* / / '"V r Y ».* m M * *1 HARDCOVER ADDENDUM (75’-250’) SECTION A: HOUSE AREA WIDTH LENGTH DELTA AREA A1 28.0 54.0 1512.0 A2 4.0 32.0 -32 SF 96.0 A3 5.5 22.5 124.0 A4 4.0 24.0 96.0 A5 4.0 29.0 116.0 A6 12.0 28.0 336.0 A7 2.3 30.3 70.0 A8 3.7 43.0 159.0 A9 24.0 43.0 -325 707.0 TOTAL HOUSE AREA 3,216 SF SECTION C:DRIVEWAY AREA WIDTH LENGTH DELTA AREA Cl 48 103 4944.0 C2 16 34 544.0 C3 3.0 30 (-90.0) C4 pi 19*M 134.0) TOTAL DRIVEWAY AREA 4,264 SF SECTION D:SIDEWALK AREA WIDTH LENGTH DELTA AREA 01 4.0 17.0 68.0 D2 6.0 3.0 18.0 D3 4.0 15.0 60.0 D4 12.0 11.0 132 0 D5 15.0 21.0 -15 290.0 D6 8.0 8.0 <i4,0 TOTAL SIDEWALK AREA 6:2 SF 9 e nK>. 6se-" l4l ahlbo \nyci feOa W V FRENCH UXE h' V-V * • .. • - *v' o 1 - ••v.- v-;' - •.' Bay I : i ?1 ' .^.;:.;;r';Si.\ \ Bay r)- ;■ >^ ^7 ** I** *? **■’*’ *r-J* ^ 2s. \ V ^ i ~ ~ ~'~ - - ■_ , - I ■ ■—- ^Arm .VX\ V^:-v^^lV • >•' Lake HORF/f 5 ;^x ■• ' % BOHNSi: POINT g r ■» ^ i ("Cjs V' ORONC 1600 : • «« s\ Va\ \ Buboi* iV>» Crystal -----J • - •• : ; ■ .. Bohns Point ; . Crystal Bay " V ^ ■-• fSay j.: , ■ Lafayet Country ICK30N AVE 0 RO o V, rk ay CRtS'*^:ifS7?^M^NNET0NKA ctrrST*! »«T0ll T t « luf TSf ST \ LTOIARl c ,LO X \ N '“// Carman -.^4 \ MO amtMJL BEACHLafayetdfayette Ba ;c 1 e»»$ |Sl »o«rT /g \ V Hunn' ___ V £odt« Print / i V ,a^k !T" ^ /- // -7-A2> £* *• /•» '"'i' >7ft « 4,%l V /, <s^ \ ^ \ ® no'846 ^ /XX^1rX"^5^ ' WV^ / / ?# ><x. t^5=^3 O .'-.^ t:^ '"«» «4 free-'-'-I » V M !'l ■ i . *v. .1' RUN DATE 08/21/00 BATCH 501 liCNMCPlM COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST PROP ADDR OWNER NAME TAXPAYER NAHE/AOOR 58 21-117-23 21 0001 02006 WEST LAFAYETTE RO P R 4 L C EKHOLH PAUL R EKHOLH 2606 WEST LAFAYETTE RD EXCELSIOR MN 55331 PROP ADDR OWNER NAME TAXPAYER NAHE/ADOR 38 21-117-23 21 0007 02605 WEST LAFAYETTE RD B L 8 D H BLANKENSHIP BRADFORD I DEBRA BLANKENSHIP 2605 WEST LAFAYETTE RD EXCELSIOR MH 55331 PROP ADDR OWNER NAME TAXPAYER NAHE/AOOR TOTAL BATCH 501 00006 REPORT NO. Pl«i35<^«0l PAGE 1 38 21-117-23 21 0002 02600 WEST LAFAYETTE RD ANN MATTHEWS ANN MATTHEWS 2600 WEST LAFAYETTE RO EXCELSIOR MN 55331 38 21-117-23 21 0003 02601 WEST LAFAYETTE RD 0 J OLSON 4 B J BOWERS DOUGLAS J OLSON 2601 WEST LAFAYETTE RD EXCELSIOR MN 55331 38 21-117-23 26 0063 02610 WEST LAFAYETTE RD CYNTHIA N ENGQUIST CYNTHIA N ENGQUIST 2610 LAFAYETTE RO W EXCELSIOR MN 55331 38 21-117-23 26 0069 02615 WEST LAFAYETTE RD VICTORIA L GAGNE VICTORIA L GAGNE 2615 LAFAYETTE RO W EXCELSIOR MN 55331 ¥• 6 if a »r-*» .• 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 HY KNOWLEDGE AND BELIEF. DAT /y RUN DATE M/21/R* •ATCH 501 PROf AODR OMffiR NAHE TAXPAYER NAHE/AODR 3« 21-117-23 21 0001 02000 WEST LAFAYETTE RO P R t L C EKHOLH PAUL R EKHOLH 2000 HEST LAFAYETTE RO EXCELSIOR HN 55331 HENNEPIN COUNTY PROPERTY INFORHATION SYSTEH PROPERTY OWNERS LIST 30 21-117-23 21 0002 02000 NEST LAFAYETTE RD ANN HAlTHEWS ANN HATTHEWS 2600 WEST LAFAYETTE RD EXCELSIOR m 55331 REPORT NO. P103S601 PAGE 1 30 21-117-23 21 0003 02601 HEST LAFAYETTE RO D J OLSON ( B J BOWERS DOUGLAS J OLSON 2601 HEST LAFAYETTE RD EXCELSIOR HN 55331 PROP AODR mmn nahe TAXPAYER NAI^AOOR ’ PROP AODR OWNER NAME TAXPAYER NANE/ADOR SO 21-117-23 21 0007 02605 WEST LAFAYETTE RD B L X 0 N BLANKENSHIP BRADFORD t DEBRA BLANKENSHIP 2605 WEST LAFAYETTE RD EXCELSIOR HN 55331 38 21-117-23 26 0063 02610 WEST LAFAYETTE RD CYNTHIA N ENGQUIST CYNTHIA N EN60UIST 2610 LAFAYETTE RO H EXCELSIOR HN 55331 TOTAL BATCH 501 00006 #9rr 36 21-117-23 26 006? 02615 WEST LAFAYETTE VICTORIA L GAGNE VICTORIA L GAGNE 2615 LAFAYETTE RO H EXCELSIOR HN 55331 6 %••» »• 1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORHATION AS IT APPEARS THIS^OATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTHENT OF PROPERTY TAXATION/ TO THE BEST OF HY KNOWLEDGE AND BELIEF. DAT r r ,?76 3 *# <^L:OI U}. c52i/^LiWSl«. ^7k/. K PERMIT RECORD Permit No.Date /D -«P3 'P/ ^35-^1 /&- /' ;?■^| -z^S-^Z ... •9- 3 - 3a£s:__/^ 7- 7^ 3~lh _- ___ .. Ja3^J. . _ _ .fX-y^ I^CdOCt. ■ ■ “■■•■ // 7. - 7V 7^50 ■ • 6-/3-?r ' ■ 1^10 V-/ 5’ -<?(^ ^(.in f1[1!?lll • f’xx-^y Type of Permit ~70'i rz/ £ ^ ~ / j C- ________ _____^c£o.(^2!yj:^rz*n :zf. ~?TUe/\ c3- /^- ^7 V ’?-?33iiiL£ ^ 'X^ ' 97 /6'6 ■\ h2kJL%.^L'K^^nct' If* m Application Date: 8/23/00 Deadline: 10/22/00 COLiNr:ii mcctinQ OCT 0 9 2000 city w W# REQUEST FOR COUNCIL ACTION DATE: October 4.2000 ITEM NO.: /3 Department Approval: Name Paul Weinberger Title Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description:#2619 Paul and Denise Aasen 577 Park Lane Variances Zoning District: Lot Area: LR-IB One Family Lakeshore Residential District (I acre) 9,500 s.f. (.22 acre) List of Exhibits: A B C D Resolution Site Plan Planning Commission Minutes (September 18,2000) Planning Report (September 13,2000) Application Review: The applicants have requested variances to permit additions to an existing residence. The additions would be for a living room, mud room and a covered entrance to the existing house. The following variances are required: 1.Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2): To permit 3,170 s.f. (55.1%) hardcover in the 75-250' lakeshore setback, where 3,349 s.f. (58.2%) exists and 1,436.5 s.f. (25%) is allowed. 2.Section 10.24, Subdivision 5 (B): To permit a structural addition 6' from the north property line where 10’ is required. 3.Section 10.03, Subdivision 14 (C): Lot coverage. The proposed structural coverage would be greater than 1,500 s.f. as permitted by the Code. Existing is a total of 1,881 s.f. of structure, where 1,881 s.f. has been requested. The site plan has been revised to reduce the total structure to 1,881 s.f. from 1,911 s.f. 4.Section 10.56, Subdivision 16 (C) (6) and Section 10.22, Subdivision 1 (B): To permit an encroachment into the average lakeshore setback for the family room addition where the deck is located and to allow improvements to the screen porch. A J f I ' s’ Request for Council Action continued Page 2 October 4,2000 #2610 Paul and Denise Aasen______ Planning Commission Recommendation: The Planning Commission Recommended 7 to 0 to approve the variances subject to the total structural coverage be reduced to not exceed the existing structure on the property. COUNCIL ACTION REQUESTED Motion to adopt or amend the draft resolution (Exhibit A). s.f • ■> • '< ! f ■ • ■t'- A RESOLUTION GRANTING VARIANCES TO ORONO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 14 (C); SECTION 10.22, SUBDIVISIONS 2 AND 1 (B); SECTION 10.24, SUBDIVISION 5 (B); SECTION 10.56, SUBDIVISIONS 16 (C) (6) AND 16 (L) (2) FILE NO. 2619 WHEREAS, Paul Aasen and Denise Aascn (hereinafter the "applicants") are owners of property located at 577 Park Lane in the City of Orono (hereinafter the "City") and legally described as follows: Lot 12, Block 6, Minnetonka Summit Park, Hennepin County, Minnesota (hereinafter the "property"); 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 permit 3,170 s.f. (55.1%) hardcover in the 75-250’ lakeshore setback, where 3,349 s.f. (58.2%) exists and 1,436.5 s.f. (25%) is allowed; Section 10.24, Subdivision 5 (B) to pennit a structural addition 6' from the north property line where 10' is required; Section 10.03, Subdivision 14 (C) to permit structural coverage greater than 1,500 s.f. where 1,881 s.f. of structure exists and 1,881 s.f. has been requested; and Section 10.56, Subdivision 16 (C) (6) and Section 10.22, Subdivision 1 (B) to permit an encroachment into the average lakeshore setback for the family room addition where the deck is located and to allow improvements to the screen porch. WHEREAS, the Orono Planning Commission reviewed this application at a public hearing held on September 18, 2000; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1619. Page 1 of 6 r ‘x 2. 3. i ) » 4. 5. The property is located in the LR-IB, Single Family Lakeshore Residential District requiring a minimum lot size of 43,560 s.f. The prpperty is 9,500 s.f. in area. The Planning Commission reviewed the request and recommended approval by a vot'* of 7 to 0 to approve variances subject to the total structural coverage not exceed 1,881 s.f. based on the following findings of fact A.The property currently contains a house and detached garage that exceed the 25% hardcover limitation and 1,500 s.f. structural coverage limitation. The total hardcover is being reduced by 179 s.f. by removing a portion of the existing parking area and driveway. The structural improvements would replace existing structure. B.The mud room would encroach 4’ into the setback along the north property line, which encroaches less than the house located 2.4' from the property line. C.The property was developed prior to the adoption of the zoning ordinance and does not meet the one acre minimum lot size and does not have the 140' required lot width at the structure setback from the 929.4' lakeshore setback. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variances on the health, safety and welfare of the community. 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 Page 2 of 6 [. 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 one or more of the above findings, the Orono City Concil hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit 3,170 s.f. (55.1%) hardcover in the 75-250' lakeshore setback, where 3,349 s.f. (58.2%) exists and 1,436.5 s.f. (25%) is allowed; Section 10.24, Subdivision 5 (B) to permit a structural addition 6' firom the north property line where 10' is required; Section 10.03, Subdivision 14 (C) to permit structural coverage greater than 1,500 s.f. where 1,881 s.f. of structure exists and 1,881 s.f. has been requested; and Section 10.56, Subdivision 16 (C) (6) and Section 10.22, Subdivision 1 (B) to permit an encroachment into the average lakeshore setback for the family room addition where the deck is located and to allow improvements to the screen porch subject to the following conditions: 1. 2. 3. 4. Improvements shall be in conformance with to the site plan provided by the applicants and attached to this resolution as Exhibit A. Any future revisions to the site plan which change the location or size of the house footprint, or which result in additional hardcover will require additional review. Applicants shall work with neighboring property owners and with the City to establish suitable drainageways so that the applicants’ construction has no negative impact on adjacent properties. Authorities granted by this resolutioii run with the property not with the owners, but are permissive only and must be exercised by obtaining a building permit within one year of the date of Council’s approval, or the special conditions of this resolution will expire on that date (October 9, 2001). Violation of or non-compliance with any of the terms and conditions of this resolution shall constimte a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 3 of 6 Tm: ’U a: > - 5.The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the Orono City Council on this 9th day of October, 2 nil ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owners STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of October, 2000 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation, and said instrument was executed on behalf of the City. Notary Public Page 4 of 6 i 1 ill ilttfiib iiiiifiiii r STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of . 20 for said county, personally appeared before me a Notary Public within and known to me to be the person(s) described in and who executed the fc;>*going 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 . 20 for said county, personally appeared before me a Notary Public within and known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. Notary Public Page S of 6 f •. 4 ‘ »- Exhibit A •iU! Page 6 of 6 * H Application Date: 60 Day Deadline: 8/23/00 10/22/00 TO:Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Paul Weinberger, Zoning Administrator/Planner DATE:September 14,2000 SUBJECT: #2619 Paul and Denise Aasen 577 Park Lane Variances -- Public Hearing Zoning District: Lot Area: LR-IB One Family Lakeshore Residential District (1 acre) 9,500 s.f. (.22 acre) Application Summary: The applicants have requested variances to permit additions to an existing residence. The additions would be for a living room, mud room and a covered enhance to the existing house. The following variances are required: 1.Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2): To permit 3,170 s.f. (55.1%) hardcover in the 75-250 ’ lakeshore setback, where 3,349 s.f. (58.2%) exists and 1,436.5 s.f. (25%) is allowed. 2.Section 10.24, Subdivision 5 (B): To permit a structural addition 6' from the north property line where lO* is required. 3.Section 10.03, Subdivision 14 (C): Lot coverage. The proposed structural coverage would be greater than 1,500 s.f as permitted by the Code. Existing is a total of 1,579 s.f of structure, where 1,911 s.f has been requested. 4.Section 10.56, Subdivision 16 (C) (6) and Section 10.22, Subdivision 1 (B): To permit an encroachment into the average lakeshore setback for the family room addition where the deck is located and to allow improvements to the screen porch. List of Exhibits: A B C D E F G H I Application Hardship Statement Description of Request Plat Map Predevelopment Property Survey Proposed Development Property Survey Elevation Views Floor Plans Hardcover Calculations V26I9 Paul and Denise Aasen 577 Park Lane VariMces - Public Hearing Patel i Required Setbacks LR-IB Front Yard = 35' Side Yard = 10' Issues: i- I. Conformity to Zoning Code and Comprehensive Plan The applicants have proposed to reduce the total hardcover on the property by removing part of the driveway that is not required for maneuvering vehicles. The building additions have been placed mostly over areas that contain hardcover. New hardcover would include the construction of a sidewalk to connect the garage to the house. The house is located 2.4' from the north property line. The addition of the mud room would be 6' from the north property line where a 10' setback is required. It replaces a landing and part of the driveway that would be removed. The additional 4' encroaching into the setback would be to allow for a Vi bath to be located within the mud room. The family room addition would be within the average lakeshore setback. A large portion of the existing residence is located within the average lakeshore setback distance. No further encroachment is proposed than what exists. It is actually 2' less into the setback than the existing house. Structural coverage is over what is permitted for lots less than 10,000 s.f. in size. The property has 1,579 s.f. of structure where 1,500 s.f. is allowed. The applicants have proposed to increase the structure an additional 332 s.f. They had made an application for a building permit that was not approved due to the variances required. Staff has notified the applicants of the structural coverage limitations on the property and the need to show a hardship to require additional structure. The applicants have provided a hardship statement (attached as Exhibit B). yi. Decks/Patios The proposed plan does not indicate any proposed decks or patios on the lakeside of the house. The hardcover that is proposed within the 75-250' setback does not allow for any additional hardcover in the future as further variances would be required. It would not be in keeping with the intent of the Comprehensive Plan or Zoning Code to permit additional hardcover on the lot in the 75-250 ’ setback. The only way to accommodate decks or patios within the hardcover limits will be to reduce hardcover elsewhere. III. Surrounding Properties This lot is one of several 50' lots along Park Lane that are non-conforming due to the lot width and lot size requirements. All the surrounding properties are zoned LR-IB. The Code allows lots, including the applicants, that are less than 10,000 s.f. to have more than 15% structure. The lots are permitted to have 1,500 s.f. of structure. •2619 Paul and Denise Aasen 577 Park Lane Variances — Public Hearing Page 2 Staff Recommendation Staff is supportive of variances to maintain the screen porch area within the average lakeshore setback, and supports the reduction of hardcover on the property. However, the addition of 332 s.f. on a lot exceeding 1,500 before the additions are placed on the house cannot be supported by Staff. The applicants do wish to discuss the issue with the Planning Commission for direction before review by the City Council. Options for Action: 1. Recommend approval of variances. 2. Recommend denial of variances, stating reasons. 3. Table for additional information. 4. Other action. * I «2619 Paul md DenUe Aasen S77 Pvk Line Variances - Public Hearing Pa|e3 F V'i- :l i ANALYSIS WORKSHEET Lot Area; LR-IB Lot Area Required 43,560 s.f. (1 acre) Actual 9,500 s.f. (.22 acre) ’’ Structural Coverage: Hardcover Calculations; 12619 Paul and Denise Aasen 577 Park Lane Variances - Public Hearing Pagc4 Total Lot Size Total Structural Coverage 9,500 s.f Allowed: 1,500 s.f Existing: 1,579 s.f Proposed: 1,911 s.f Distance from shoreline Total area in setback Allowed hardcover Existing hardcover Proposed hardcover 0-75'3,754 s.f 0 s.f (0%) 169 s.f (4.5%) No Change 75-250'5,746 s.f 1,436.5 s.f (25%) 3,349 s.f (58.2%) 3,170 s.f (55.1%) . % A i. f & Application # 2 G? \ ^ Date Received S -7~^~00 Amount Paid CITY OF ORONO - VARIANCE APPLICATION 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) Property Identification Number (P.I.D.Vrit'i lt7 nQM(/_ Attach legal description to^i^plication if not included on required survey. ( tij/ ) I (do) ([do M^also' own the adjacent parcels of land. PrescntSise oforopcrty: X residentid ___pother (specify)-------------------------------Present use of property Zoning District: LR!.— APPLIC/^T Name /\0S£V\ Phone (homeWgg-TO-WVSI Phone (work) Address: ?‘7"7 Phe !C City: f/vo<V)Zip:_^53iSj2_ OW'NER (if different than applicant) Name ________!_____ Address:^___________________ Phone (home). Phone (work)_ City:.Zip:. description of request Estimated Construction Cost $XS+2LS liI]Q- Describe request in detail: ftfacVw.gA^ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area _ s/^ Setback: ___Lot Width Front \/^Side Hardcover Rear ___Lot Coverage Average Lakeshore ^/ Other (specify^ t Cf'iUj \r9. ^ 4Cv'££<x pCvtW. £-€v«>ilu^» *TION OF UNUSUAL PROPERTY CONDITIONShardship/description O Describe undue hardship or p compliance with Zoning Code requirements Describe undue hardship or practical difficulty or unusual property coupons preventing i requirements: ..CPf, -------------------- (attach additional sheets if necessary) 3 Variances Requested - Hardship: Lot coverage - the existing lot coverage is greater than 15%, the lot wdth and size are non-conforming, the lot is one of 6 “city” size lots on the east side of the Nor^ Arm Hardcover-the existing hardcover exceeds allowed coverage (58.28% vs. 25% allowed), the proposal reduces hardcover to 55.16% in the 75 ’-250 ’ zone Setback, Side — the existing structure is 2.4* from the north property line, the proposed mudroom is 6 from the north property line Other - the existing screen porch extends inside the average lakeshore setback, a variance may be needed to repair and improve the screen p>orch and second story deck that forms the roof of the screen porch Notes: The proposal does not change hardcover in the 0 ’-75* zone and reduces total hardcover in the 75*-250 zone by 179sqft. Structural hardcover increases by approximately 72 sq ft. Non-structural hardcover decreases by approximately 251 sq ft. & • .5 r 4*^ 4 • \n >***«• .* ia L*’ j • K* * • ; • r ^ ■i. . 'v V- C / August 19,2000 Description of Proposed Work and Variances requested for; t f 577 Park Lane, Orono, MN Paul W. Aasen & Denise L. Duenow Aasen, Owners/Applicants Work to be done by Right Angle Building Corp. of Wayzata, MN Proposed Work: First f ground) Floor: Addition - expand family room &om 12.3’x 15 ’ to 24 ’x 15 ’. expansion proposed over existing deck ( j eside), deck IS consid^ed structural hard cover (more than 30" above grade), deck size will be reduced from i8 xl5 ’ to 6 x15 ’ Addition remove street side deck 5*xl6 ’, add mud room with Vz bath 8’xl5 ’, add 3.5’x4’ landing for mud room entry ^ Addition - s^ off existog ouaide basement entrance (S’x4’), add new entty on same foundation, also add a covered landing (8’x4’) for new entry ~ remove existing % bath on first floor, remove existing closet, replace/add windows and sliding Repair/improve repair screen porch and lakeside deck decking and railings and steps, replace second story deck (over screen porch) with a permanent roof to reduce water damage to screen porch Second Floor: Remodel - add a ’/< bath 6’xlO’ in existing 2"'* bedroom ■ i•r. * Addition/rcmodel - expand existing 2"** bedroom over mudroom (final room 15 ’xl2 ’) Addition - add 2 bedrooms over expanded family room (both 12 ’xl2 ’) Remodel replace sliding door in master bedroom, replace master bath vanity, seal off master bath hallway entry Basement: Addition ~ new 12 xl5 basement room added under expanded family room Exterior: Remodel - re-side and re-shingle home and garage, replace skylights, add new access door to front of garage Mechanicals: Improvement - replace furnace and add air conditioning Driveway: Modification remove 333 sq ft of existing driveway, add 108 sq ft sidewalk to mudroom entry and front entry new Landscaoing/grading: After construction, all property will be returned to existing grade/conditions 9,3 D oio»;u»(22)(15)«,WfOODS ^ s —®i a •p.<^ S|(«’o^ 1 5 O (92) " S'^ 11 ^ e S S? 10 ^7 a ^ (07) * S 9 ^^ 5 § ^ 125 125 •" Oz o (T O O X r * ■> <• #2 •• • V -’■1 ff. /,;r>' •*-’. ,i ••- .*.-ii^ I A n mill ySi^A /. . ^: -^'ijmm m mmm-:m S^I'V-U: m m-i - ■: ■■■ . ^m. i:-m« LEGAL DESCRIPTION OF PREMISES : Lot 12. Block 6. Minnetonka Summit Park o : denotes iron marker (954.0): denotes existing spot elevation, nneon spo level datum Bearings shown are based upon an assumed datum. This survey intends to show the boundaries of the above described property, the location of a existing house and garage, and ihe location of all visible "hardcover" thereon. It does not purport to show any other Improvements or encroachments. ¥’ Pf/t tj }■; M /V * ri .1 rnmyr- * 4'•S‘1 I hereby certify Ihot Ihis sijrvoy tos pfejyred t.; me or inder my direct super- visio^ end (hot I om 0 (Uy reqislered Ovil Engmeer aid LexJ Saveyor aider the lows of ihe Stote of Minnesota I , SCALE 1"-30 ’ DATE« •__• \__/VTI, /NOi/'__m A m CERTIFICATE OF SURVEY FOR PAUL AASEN OF LOT 12, BLOCK 6, MINNETONKA SUMMIT PARK HENNEPIN COUNTY, MINNESOTA 0 Actual clecK- SujrvW U "IV^ Aeck. li VS-'uJiifr X tf'deep ; »otft ISV •3.) PflspojeJL-fomiLy roat*^ 3) fisiti ftvdrw w\ oW oB'larciooC *i) Ci\KieeJL ^ gA3e^Jsdl«v>iAVk / o : denotes iron morkcr mOfiw (954 0): denotes existing spot elevotion. mean see lev Bearings shown ore bosed upon on ossumed dotum LEGAL DESCRPTtON OF PREMISES : Lot 12. Block 6. Minnetonko Sunvnit Pork This survey intends to show the boundaries of the obove described property, the locotion of o existing house ond goroge, ond the locotion of ofl visible "hordcover ” Ihereoa It does rwt purport, to show ony other improvements or tncroochmenls JLK O A 1'’.Im V. u•j j~ — o 4 (am * cmiBBU, H|a mimmaum uici«iiim m-47>4M1 1 )IB*| CirWy tM iKs by ine u uder ity dicct »0«* mc/K «d ftil on 0 diy rcgslecd 04 Cai^^ and land Smeyor udw SCAt£ r-30* the levs Oit Stole of Umesota II »owir.ii.^ wi tort TWOox ■.wv Uert S Cforberq ilmesoh l-crnse f*r*^ I27S5 joe NO. 00-263 00-2U i HARDCOVER CALCULATlQiL WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' TXQN V (75-250^ J 250-500'500-1000' A A + B + B X 100 X 160 PPnpnSED HARDCOVER IN ZONE A. House Length1 Width B. Garage X X X C. Driveway X X D. Sidewalk X X 4' E. PatioA)eck Uih Street- X X F. Landscape Underlain By Plastic X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE _ _ _ _ _ _ _ _ _ + B X 100 - fVT5nriNG HARDCOVER IN ZONE A. House X SSE iCCf) sj. Width X ^B=H SJ. X 0.7 SJ. X -xy SJ. B. Garaze X'.iCL ‘X \Xli 1 s-i^SJ. • • • • . C. Driveway X SE. X SJ. D. Sidewalk X * •SJ. X ss. E- Patio/Deck X ir7n sj^. X «> SJ. F. Laadscaoe X SJ. Underlain X «i S.F. Bv Plastic X »•• SJ. G. Other % X rV/V'.^9 SJ. t TOTAL HARDCOVER IN ZONE ^ SJ. A TOTAL PROPERTY AREA IN ZONE •k t S J. B 13,31 ii 33Ji io3 3Qn ^(3 3. no SJ. ____S.F. ________S.F. |C SJF. S.F. SJ. SJ. SJ. S.F. S.F. S.F. S.F. SJ. SJ. SJ. SE.A B r REQUEST FOR COUNCIL ACTION COUNCU DATEflSltJi^ ^5oOO ITEMNO: Department Approval: Name RonMoorse Title City Administrator Administrator Reviewed: V') Agenda Section: City Administrator ’s Report Item Description: Housing Week Proclamation - Resolution As part of an effort to raise community awareness and support of increased housing opportunities for low income families in the community; Interfaith Outreach and Community Partners, a non-profit organization serving low' and moderate income households in the northwest Hennepin County area, is asking the City of Orono to proclaim the week of November 11 -18 as “Housing Week.” A letter from Interfaith Outreach and Community Partners regarding the Housing Week effort is attached. This letter includes an invitation for cities to participate in the Housing Week initiative in a number of ways. Please review the activities for discussion at the Council meeting. A resolution proclaiming November 11 -18 as “Housing Week” is attached for Coimcil consideration. COUNCIL ACTION REQUESTED: Motion to adopt the attached resolution proclaiming November 11-18 as “Housing Week.’ 1 ^ A RESOLUTION PROCLAIMING NOVEMBER 11 -18,2000 TO BE HOUSING WEEK IN THE CITY OF ORONO WHEREAS, housing is considered to be affordable if it costs no more than 30% of household income; and WHEREAS, the lack of safe, decent, and affordable housing destabilizes the lives of families and individuals, negatively impacts the health and school performance of children and the health of elderly, contributes to homelessness; and WHEREAS, family homelessness has increased dramatically throughout Minnesota, women and children now make up the fastest growing segment of the homeless population, and the Wilder Research Center reports that state’s homeless population doubled between 1991 and 1997; and WHEREAS, Interfaith Outreach & Community Partners (lOCP) provided approximately 592 emergency housing assists in 1999 to prevent homelessness; and WHEREAS, "Housing Week" is a community initiative to raise awareness about local housing issues, to raise money to address housing needs, and to promote community involvement and volunteerism. Several congregations, service organizations, youth groups, community residents, schools, and civic organizations are participating in Housing Week activities; and WHEREAS, public, private, non-profit partnerships play an essential role in the development and preservation of affordable housing; and WHEREAS, the City is a participant in the Metropolitan Livable Communities Act; and WHEREAS, Housing Week coincides with National Hunger and Homelessness Awareness Week (November 12-18). Page 1 of2 r’ ) ’V; ; iT }■' .. iT. * n I, ■ :,? '■y "■ • p?k ^ ;■<> 1.;- =- NOW, THEREFORE, BE IT RESOLVED THAT the Orono City Council does hereby proclaim November 11 - 18,2000 to be: HOUSING WEEK in the City of Orono, and does also encourage all citizens to participate in the activities associated with Housing Week. Adopted by the City Council at a regular meeting held on October 9,2000. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor It'.-. • ; 'ft. Page 2 of2 1 .V September 21, 2000 The Honorable Gabriel Jabbour The City of Orono P.O. Box 66 Crystal Bay, MN 55323 Dear Mayor Jabbour. In 1999, the City of Orono responded to our request to issue a Housing Week proclamation in an effort to increase awareness around the issue of affordable housing. A belated thank-you for your involvement and support of that effort. The purpose of this letter Is to Invite the City to again participate In a community initiative to raise awareness about local housing issues by proclaiming the week of November 11-18 ■ 2000 “Housing Week" In the City of Orono. Background As you know, Interfaith Outreach and Community Partners serves low and moderate income households in Plymouth, Wayzata, Long Lake. Orono, Medina, Minnetonka Beach, Medicine Lake, and Hamel. lOCP has collaborated with several community partners in the formation of a Community Housing Coalition to provide support and direction for the preservation and development of affordable housing in this community. One of the functions of the Community Housing Coalition Is to raise community awareness and support for increased housing opportunities for low-income families In the community. To this end, lOCP, along with several local congregations, will be observing the week of November 11 - 18 as “Housing Week". Calendar Housing week will be launched on November 11”’ with Bob Fisher ’s fifth annual Sleep- Out. Bob will be sleeping outside to raise funds to address and prevent homelessness in the community. A community-wide kick-off will take place 5:00-7:00 pm on the^500 block of Lake Street in downtown Wayzata. The kick-off will include a “soup line" dinner and a short program. We are hopeful that we will have significant media coverage including television news, radio news and Interviews, and newspaper coverage. On November 12*^, several leaders in the faith community will deliver messages from the pulpit about affordable housing issues. Many of these congregations will also be taking a special offering to raise funds that will seed some exciting new housing Initiatives in the comiriunity. Several youth groups from churches in Wayzata. Plymouth and Long Lake will also be sleeping out the night of November 11*^. each in their respective churchyards. Other community events during housing week include the Gleason Lake Home Base Big Kid’s Sleep-Out on Friday, November 10*^ in front of the Wayzata fire station, and a community prayer breakfast on Tuesday, November 2"*^ at 7:00 a.m. at Wayzata Country Club. Local newspapers will run educational articles leading up to and during Housing Week. 110 Grand Avenue South. Wayzata. Minnesota 55391-1872 952/473-2436 Fax 952/473-4337 LL In preparation for Housing Week, lOCP will be working within our member congregations to provide education about affordable housing issues. The same week is also National Hunger Awareness Week. Cities are key partners in the effort to meet the housing needs of low and moderate income residents and employees. In recognition of the City of Orono’s central role and significant contribution to these efforts, we hope the City will consider participation in this initiative in the following ways: , 1. Join with the mayors of the cities of Plymouth. Wayzata, Long Lake and Medina in issuing a proclamation of Housing Week, (proposed text included) 2. Participate in the November 11, 5’.00-7:00 pm kick-off event and program on Lake Street In Wayzata. Would you also consider serving soup together with Girl/Boy Scouts that evening? ... i. « 3. Invite city staff and council members to participate In the November 11 kick-on 6V6nt. 4. Distribute a short information piece (see enclosed brown card) at your front desks and other places in your office that have high i'^‘erection with the public. 5. Allow lOCP to pitch a tent in front of your office during the time Bob Fisher is sleeping out to raise funds. Might you, or others at City Hall, consider a night in the tent as a part of a city-to-city challenge?.. .just a thought! 6. Print an article about Housing Week (to be supplied by lOCP) in your city newsletter prior to November 11. Enclosed is a short report on homelessness in our area, based on 1999 data from lOCP. Please call Jill Kohler, lOCP Development Director, at 473-2436 if you have questions or would like additional information. Thank you for your consideration of this request and your continued support for addressing this critical issue. Respectfully, L,. LaDonna Hoy. Executive Director End (3) Cc: Ron Moorse i 1999 Homeless Report Interfaith Outreach & Community Partners (lOCP) I. Introduction This repon is intended to put a face on homelessness in this community by providing informa ­ tion on the number of homeless people served by lOCP and providing brief profiles on some of the households that have experienced homelessness. This number does not represent the actual number of families and individuals in the community who experience homelessness; many dou ­ ble up w\ Ji fhends or family and do not seek services &om lOCP, and many quietly leave the community. HomeFree, a banered women ’s shelter in Plymouth that provides shelter for home ­ less women and children, is the only shelter in this community. When a family or individual experiences homelessness and seeks refuge at a shelter, they are counted as homeless in the community in which the shelter is located. For these reasons, we are unable to provide an accu­ ral:- count of homelessness in the community. II. Definitions A household is considered “homeless^ if it lacks permanent shelter. The homeless people sert-ed by lOCP live in cars, tents, parks, shelters, hotels, doubled up with friends or family, or, in most cases, a combination of these. «• A household is considered “near-homeless ” if it must evacuate its place of residence and faces one or more barriers to finding replacement housing. Barriers include a low-income, an immedi­ ate notice to vacate, a poor credit or rental history, a large family, and using a Section 8 voucher. Tl. . • Vintage of housing, both rental and ownership, for low-income households in today ’s hous.?A^ vev. In other words, there are more low-income households than there are housing units with prices or rents affordable to these households (affordable is defined as no more than 30% of gross household income). This excess demand has driven up the cost of housing, forcing many families to pay more than they can afford, and putting them at risk of losing their housing due to late or panial* rent payments. The tight housing market also makes it very difficult for households with any of the above-mentioned barriers to compete for the scarce, lower-cost units. III. Number of Homeless Served by lOCP lOCP served 53 homeless households (139 individuals) in 1999. Over half of the homeless peo ­ ple served (55%) were children. Almost half (49®/'b) of the households are single-parent families; 19 percent are uvo-parent families; and 32 percent are single individuals. Sixty'-eight percent of homeless households are from the community. The remaining thirty-two percent of homeless households are referrals from lOCP member churches, employed in the community, or referred to lOCP from a school or agency. Fifty-nine percent of the homeless households were working at the time they c.xperienced homelessness. IV. Profiles The following are profiles of homeless individuals and families in the community. • Single mom and three children flee from an abusive relationship and become homeless. • Single mom and child become homeless because she cannot pay the rent. She is unable to work because she cannot find affordable child care. • Single man is injured on the job. Unable to work and pay the rent, he becomes homeless. • Single woman has been homeless for years due in pan to serious mental illness. Prepared by Interfaith Outreach & Community Partnen, May 2000 Mom, dad, and three children sleep in their car. The home they rented burned dovyn and although both parents work, they couldn’t find rental housing large enough for their fam ­ ily that they could afford with their limited income (occupancy standards used by land ­ lords prevent them from renting a one- or nvo-bedroom apartment). Like many low- income households, they live pay check to pay check and do not have the money to pay a security deposit and first month’s rent to get into a place. Sin2le mother and her three children become homeless after going home for a month to take care of a dying parent in another state. When they returned, they lost their housing. Mom works in an accounting position but cannot find affordable housing. V. How does lOCP Respond to Homelessness? ■ Homeless prevention: In 1999, lOCP provided 592 emergency housing assists, totaling $183,000, to prevent homelessness. This emergency assistance is primarily used to as- . sist clients with rent and rent deposits; a few families are helped with mortgage pay­ ments. lOCP caseworkers advocate on behalf of families of families that are near ­ homeless by negotiating Mth landlords and working with lenders and housing counselors to prevent home foreclosures. ■ lOCP works with homeless families by helping them locate temporary shelter, provide assistance for storage of their belongings while in temporary shelter, make a plan to ob­ tain permanent housing, and provide assistance to move once they find housing. • lOCP caseworkers work with both homeless and near-homeless families to overcome barriers to long-term housing stability. Tabic: 1999 Percent of lotai tmcrsency nousu j Type of Assurance i 12 iLxpenainires dv i vpe Percent of Total Emergency Housing Expenditures (5183,000) i Shelter (hotel costs)3% j Movina^storage expenses________________2% i .A.Dolication fees 0.2% Securitv deposits 8% 1 Rent or partial rent pavmenu 78% Monease pavments 1 1 9% ! i Home repairs _________________________1 0.2% VI. The Shortage of Affordable Housing The trends wimessed by lOCP—increases in homelessness, homeless children, and working families e.xperiencing homelessness—mirror regional trends. The incidence of homelessness m die metro area tripled from 1987 to 1999, and the number of homeless children grew more than seven times (Office of Economic Opportunity, Minnesota Dept, of Children Families and Leam- ine, 1999). The shortage of affordable housing is causing rents to increase at a faster rate than wages for workers earning low wages, and it has led to the current housing crisis where working families and children are homeless. lOCP works io incicose and preserve the supply of affordable housing by providing community education about local housing needs, by advocating for local and legislative policies that support affordable housing, and by using the lOCP Housing Fund to seed affordable housing projects and opportunities. Prepared by Interfaitb Outreach & Commuaity Partners, May 2000 F I REQUEST FOR COUNCIL ACTION COUNC/J I/cptin S iOcr 0'9«w DATE: ITEM NO.: Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services ’s Directors Report Item Description: Revised Assessment for Fox Ridge Area Sewer Project The assessment roll for this project has been revised to amend the interest rate and interest accrual date applied to the original assessment, which was approved at the project assessment hearing. The original assessment was approved at an 8% interest rate. The project bond sale has been completed, and a bond interest rate of 5.07% was obtained which is comparable to previous bond sales. Therefore, we are recommending revising the interest rate to 6.25% which is the same rate as our previous sewer project assessments. This resolution also restarts the clock for the 30-day prepayment period with no interest. The assessment roil has also been revised to reflect the property owners that elected not to receive the $5,000 grinder pump allowance. The project asse.'’‘:ments are for the same amount that was approved in the original assessment roll COUNCIL ACTION REQUESTED: Motion to approve a resolution amending the interest rate, costs, and interest accrual date applied to the Fox Ridge Area sanitary sewer assessment roll. r A RESOLUTION TO AMEND THE INTEREST RATE AND DATE APPLIED TO THE FOX RIDGE AREA SANITARY SEWER ASSESSMENT ROLL, AS ESTABLISHED BY RESOLUTION NO. 4493 WHEREAS, the City Council of Orono, Minnesota established the interest rate at 8.00%, and the effective interest date as July 10,2000, on the assessments for the improvement of sanitary sewer in the Fox Ridge area by passage of Resolution No. 4493; and WHEREAS, the City Council intends to amend said interest rate based on the 5.07% interest rate of the bonds sold for the project Minnesota: NOW, THEREFORE, BE IT RESOLVED, by the City Council of Orono, 1. Such assessment shall be payable in equal annual installments extending over a period of 15 years, the first of the installment to be payable on or before the first Monday in January 2001, and shall bear interest at the rate of 6.25% per annum from October 9,2000. To the first installment shall be added interest on the entire assessment from October 9,2000 until December 31,2001. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 2. The owner of any property so assessed may, at any time pricr to certification of the assessment to the County Auditor, pay the whole assessment on such property, with interest charged to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days of October 9,2000, and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 30 in 2000, or before November 15 in a subsequent year, or interest will be charged through December 31 of the next succeeding year. 3. Partial prepayment is allowed in accordance with Ordinance No. 160, Second Series, adopted May 12,1997. Page 1 of2 ■Witnna I. - T-imn K J ' r 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held October 9,2000. Gabriel Jabbour, Mayor ATTEST; Linda S. Vee, City Clerk - ' V, f ■I Page 2 of2 •' %•* '- v.'# Assessment Roll for Fox Ridge Area Sanitary Sewer Improvmcnt OS-Oct-OO Municipality: ORONO Levy Number: 14993 Municipai Code: 38 Project Number: 2000-2 Levy Description: Fox Ridge Area Sanitary Sewer Improvement Total Project Assessment: $231,1 Interest Rate: 6.25%Number of Years Payable: 15 PID#Addition Total Lot Block Name Code Principal Street Property Address n Mailing Street Address Mailing City Address Page I of 2 Units ■J r^r: !r»34-118-23 34 0010 21.000.00 J & B ELLIS BROWN RD S 15 BROWN RDS LONG LAKE, MN 55356 03-117-23 24 0008 21.000.00 1 MARGARET COST 255 BROWN RD S 255 BROWN RD S LONG LAKE, MN 55356 03-117-23 24 0009 21,000.00 2 A & P KEARNEY 265 BROWN RD S 265 BROWN RD S LONG LAKE, MN 55356 f ■ 7 ■ 34-118-23 34 0009 21,000.00 B & L MATHISON BROWN RD S 5 BROWN RD S LONG LAKE, MN 55356 03-117-23 13 0008 42270 21,000.00 4 I M C & L S HEADRICK 1850 FOX RIDGE RD m 1850 FOX RIDGE RD LONG LAKE, MN 55356 r < ’ “ 03-117-23 13 0007 42270 21,000.00 3 I TJ&MDAYTON 1895 FOX RIDGE RD 1895 FOX RIDGE RD LONG LAKE, MN 55356 03-117-23 13 0009 42270 21.000.00 5 I S M & E W POLANSKY 1900 FOX RIDGE RD 1900 FOX RIDGE RD LONG LAKE, MN 55356 03-117-23 13 0006 42270 21,000.00 2 1 DE&JMKIRKMAN 1945 FOX RIDGE RD 1945 FOX RIDGE RD LONG LAKE, MN 55356 03-117-23 13 0010 42270 21,000.00 6 I DS& ED PHELPS 1950 FOX RIDGE RD 1950 FOX RIDGE RD LONG LAKE, MN 55356 1 PID#Addition Total Lot Block Name Code Principal Street Properly Address U Mailing Street Address Mailing City Address Units 03-117-23 13 001 1 42270 21,000.00 7 1 S231 ,000.00 :K. LUCIA T MORISON 1960 FOX RIDGE RD 1960 FOX RIDGE RD LONG LAKE, MN 55356 03-117-23 13 0005 42270 21,000.00 1 1 R&BHACK 1995 FOX RIDGE RD 1995 FOX RIDGE RD LONG LAKE, MN 55356 A'-- > ■ ‘A- t-f •m E REQUEST FOR COUNCIL ACTION DATE MEETING 0 9 2000: October 9, 2000 Cl I y Oh yr<civo ITEM NO.: f Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services’s Directors Report ■y< Item Description: Revised Assessment for East Long Lake Area Sewer Project The assessment roll for this project has been revised to amend the interest rate and interest accrual date applied to the original assessment, which was approved at the project assessment hearing. The original assessment was approved at an 8% interest rate. The project bond sale has been completed, and a bond interest rate of 5.07% was obtained which is comparable to previous bond sales. Therefore, we are recommending revising the interest rate to 6.25% which is the same rate as our previous sewer project assessments. This resolution also restarts the clock for the 30-day prepayment period with no interest. The assessment roll has also been revised to reflect the property owners that elected not to receive the $5,000 grinder pump allowance. The project assessments are for the same amount that was approved in the original assessment roll COUNCIL ACTION REQUESTED: Motion to approve a resolution amending the interest rate, costs, and interest accrual date applied to the East Long Lake Area sanitary sewer assessment roll. .. . . A RESOLUTION TO AMEND THE INTEREST RATE AND DATE APPLIED TO THE EAST LONG LAKE SANITARY SEWER ASSESSMENT ROLL, AS ESTABLISHED BY RESOLUTION NO. 4491 WHEREAS, the City Council of Orono, Minnesota established the interest rate at 8.00%, and the effective interest date as July 10,2000, on the assessments for the improvement of sanitary sewer in the East Long Lake area by passage of Resolution No. 4491 ; and WHEREAS, the City Council intends to amend said interest rate based on the 5.07% interest rate of the bonds sold for the project NOW, THEREFORE, BE IT RESOLVED, by the City Council of Orono, K Minnesota: 1. Such assessment shall be payable in equal annual installments extending over a period of 15 years, the first of the installment to be payable on or before the first Monday in January 2001, and shall bear interest at the rate of 6.25% per annum from October 9,2000. To the first installment shall be added interest on the entire assessment from October 9,2000 until December 31,2001. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 2. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole assessment on such property, with interest charged to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days of October 9,2000, and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 30 in 2000, or before November 15 in a subsequent year, or interest will be charged through December 31 of the next succeeding year. 3. Partial prepayment is allowed in accordance with Ordinance No. 160, Second Series, adopted May 12, 1997. Page 1 of2 r •> i, 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held October 9,2000. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk Page 2 of2 Assessment Roll for East Long Lake Area Sanitary Sewer Improvement Municipal Code: 38 Project Number: 2000-3 05-0ci-00 Municipality: ORONO Levy Number: 14994 Total Project Assessment: $118,900.00 Levy Description: East Long Lake Area Sanitary Sewer Project Interest Rate: 6.25% Number of Years Payable: 15 FIDS Addition Total Lot Block Name Code Principal 35-118-23 13 3003 \'335 $17,700.00 R & S JOHNSON 35-118-23 14 0003 41335 $17,700.00 J BEAUCHAINE 35-118-23 140004 41335 $12,700.00 BETTY HAMMAN m 35-118-23 140005 41335 $17,700.00 LOIS STURMAN V 35-118-23 41 0002 41335 $17,700.00 35-118-23 41 0005 41335 $17,700.00 35-1 18--'0001 41335 $17,700.00 Street n Property Address Mailing Street Address Mailing City Address Units 1000 OLD LONG LAKE RD 1000 OLD LONG LAKE RD WAYZATA, MN 55391 1 460 LONG LAKE RD E 460 LONG LAKE RD E WAYZATA, MN 55391 1 450 E LONG LAKE RD 450 E LONG LAKE RD WAYZATA, MN 55391 I 430 E LONG LAKE RD 430 E LONG LAKE RD WAYZATA, MN 55391 1 985 OLD LONG LAKE RD 985 OLD LONG LAKE RD WAYZATA, MN 55391 1 925 OLD LONG LAKE RD 920 W WAYZATA BLVD WAYZATA. MN 55391 1 1005 OLD LONG LAKE RD 1005 OLD LONG LAKE RD ORONO, MN 55391 1 , ^ f-.-/ V ; $118,900.00 Mm J Vr Page t of 1 couNrii meeting REQUEST FOR COUNCIL ACTION qqj ^ ^ ^qqq DATE: October ITEM NO.: / 7 Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services’s Directors Report ■yi Item Description: Revised Assessment for Webber Hills Sewer Project The assessment roll for this project has been revised to amend the interest rate and interest accrual date applied to the original assessment, which was approved at the project assessment hearing. The original assessment was approved at an 8% interest rate. The project bond sale has been completed, and a bond interest rate of 5.07% was obtained which is comparable to previous bond sales. Therefore, we are recommending revising the interest rate to 6.25% which is the same rate as our previous sewer project assessments. This resolution also restarts the clock for the 30-day prepayment period with no interest. The assessment roll has also been revised to reflect the property owners that elected not to receive the $5,000 grinder pump allowance. The assessment amount has been revised to reflect the actual project costs and is les;; than the original assessment that was adopted before project construction. COUNCIL ACTION REQUESTED: Motion to approve a resolution amending the interest rate, costs and interest accrual date applied to the Web^r Hills Area sanitary sewer assessment roll. ¥ t>r A RESOLUTION TO AMEND THE INTEREST RATE AND DATE APPLIED TO THE WEBBER HILLS AREA SANITARY SEWER ASSESSMENT ROLL, AS ESTABLISHED BY RESOLUTION NO. 4459 WHEREAS, the City Council of Orono, Minnesota established the interest rate at 8.00%, and the effective interest date as May 8,2000, on the assessments for the improvement of sanitary sewer in the Webber Hills area by passage of Resolution No. 4459; and WHEREAS, the City Council intends to amend said interest rate based on the 5.07% interest rate of the bonds sold for the project NOW, THEREFORE, BE IT RESOLVED, by the City Council of Orono, Minnesota: 1. Such assessment shall be payable in equal annual installments extending over a period of 15 years, the first of the installment to be payable on or I” cfore the first Monday in January 2001, and shall bear interest at the rate of 6.25% per annum from October 9,2000. To the first installment shall be added interest on the entire assessment from October 9,2000 until December 31,2001. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 2. The owner of any property’ so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole assessment on such property, with interest charged to the date of payment, to the City Treasurei, except that no interest shall be charged if the entire assessment is paid within thirty (30) days of October 9,2000, and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 30 in 2000, or before November 15 in a subsequent year, or interest will be charged through December 31 of the next succeeding year. 3. Partial prepayment is allowed in accordance with Ordinance No. 160, Second Series, adopted May 12, 1997. Page 1 of2 % 4. Tlie Clerk shall forthwith transmit a certified duplicate of this av^.J'J’TOent to the County Auditor to be extended on the property tax lists of the County . • assessments shall be collected and paid over in the same manner as other municipal takes. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held October 9,2000. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk Page 2 of2 rL ■ iTitTBiillMiiilfcitii ii(i inn mill imfcyit Assessment Roll for Webber Hills Sanitary Sewer Improvement 04-0cl-00 Municipality: ORONO Levy Number: 14992 Total Project Assessment: $454,500.00 Municipal Code: 38 Project Number: 2000-1 Levy Description: Webber Hills Area Sanitary Sewer Project Interest Rate: 6.25% Number of Years Payable: 15 03-117-23 34 0001 41303 $12,250.00 na na Charles Peterson Brown Road South 775 Brown Road S Wayzata, MN 55391 03-117-23 34 0002 43570 $12,250.00 005 001 Margaret Gemiundsen 2185 Webber Hills Road 2185 Webber Hills Rd Wayzata. MN 55391 Levy Number: 14992 PIDtt Addition X«le __ Total Lot ..Edlltipal . Block Name Street n Property Address Mailing Street Address Mailing City Address Units 03-117-23 33 0002 ( 43570 $12,250.00 001 001 Alvin W. Landberg Jr.2325 Fox Street P.O. Box 8 Long Lake. MN 55356 1 03-117-23 33 0003 43570 $12,250.00 002 001 Dennis & Karen Pederson 2285 Webber Hills Road 2285 Webber Hills Rd Wayzata, MN 55391 1 03-117-23 33 0004 43570 $12,250.00 003 001 Byron & Theresa Johnson 2275 Webber Hills Road 2275 Webber Hills Rd Wayzata, MN 55391 1 03-117-23 33 0005 45570 $12,250.00 004 001 Steven Personius 2265 Webber Hills Road 2265 Webber Hills Rd Wayzata, MN 55391 I 03-117-23 33 0006 43570 $7,250.00 on 001 Keith Waters &. Associates 740 Willow Drive South 6216 Baker Road Eden Prairie, MN 55346 1 03-117-23 33 0007 • 43570 $12,250.00 012 001 Norman Theiste 680 Willow Drive South 680 Willow Dr. S Wayzata, MN 55391 1 Pa fie 1 of 4 % t j ■ Levy Number: 14992 PID# Addition _Cod«_ Total Principal-.. Lot Block Name Street U Property Address Mailing Street Address Mailing City Address Units 03-117-23 34 0003 43570 $12,250.00 006 001 Richard & Mari La Pean 2175 Webber Hills Road 2175 Webber Hills Rd Wayzata, MN 55391 1 03-117-23 34 0004 43570 $7,250.00 007 001 E. & J. Martinuzzi 2135 Shevlin Drive 2135 Shevlin Dr Wayzata, MN 55391 1 03-117-23 34 0005 43570 $12,250.00 008 001 J. Daniels 2145 Shevlin Drive 2145 Shevlin Dr Wayz.ata, MN 55391 1 03-117-23 34 0006 43570 $12,250.00 009 001 Jerome & Judy Paulson 2155 Shevlin Drive 2155 Shevlin Dr Wayzata, MN 55391 1 03-117-23 34 0007 43570 $12,250.00 010 001 K. Rakos & M. Gustafson 2175 Shevlin Drive 2175 Shevlin Dr Wayzata, MN 55391 1 03-117-23 34 0008 43570 $7,250.00 001 002 Edwin Ritchie Jr.2180 Webber Hills Road 2180 Webber Hills Rd Wayzata, MN 55391 1 03-117-23 34 0009 43570 $12,250.00 002 002 Sara Moos 2160 Webber Hills Road 2160 Webber Hills Rd Wayzata. MN 55391 1 03-117-23 34 0010 43570 $12,250.00 003 002 S. &. M. Johnson 2120 Webber Hills Road 2120 Webber Hills Rd Wayzata, MN 55391 1 03-117-23 34 0011 43570 $12,250.00 004 002 Lester Beemink 2110 Wc’ulsr Hills Road 2110 Webber Hills Rd Wayzata. MN 55391 1 03-117-23 34 0012 43570 $12,250.00 005 002 Paula & GcofTrey Jillson 2100 Webber Hills Road 2100 Webber Hills Rd Wayzata. MN 55391 1 03-117-23 34 0013 43570 $12,250.00 006 002 Kevin Krueger 2090 Webber Hills Road 2090 Webber Hills Rd 1 Wayzata, MN 55391 Page 2 of 4 'I LevyNumben 14992 PID# Addition Total Lot Block _Codc___JEcincipaL. ________ Name Street Property Address ft Mailing Street Address Mailing City Address 03-117-23 34 0014 43570 $7,250.00 007 002 James & Susan Moug 2080 Webber Hills Road 2080 Webber Hills Rd Wayzata, MN 55391 03-117-23 34 0015 43570 $7,250.00 008 002 Kerry Ignatius 2060 Webber Hills Road 03-117-23 34 0016 43570 $12,250.00 009 002 Carl Riley 2040 Webber Hills Road 2060 Webber Hills Rd Wayzata, MN 55391 2040 Webber Hills Rd Wayzata, MN 55391 03-117-23 34 0017 43570 $12,250.00 010 002 William & Mary Omeara 2000 Webber Hills Road 2000 Webber Hills Rd Wayzata, MN 55391 ,.vilk Units 03-117-23 34 0018 43570 $12,250.00 001 003 Robert & Julie Wiens 2170 Shevlin Drive 2170 Shevlin Dr Wayzata, MN 55391 1 03-117-23 34 0019 43570 $12,250.00 002 003 Frank & Jennifer Larson 2160 Shevlin Drive 2160 Shevlin Dr Wayzata, MN 55391 1 03-117-23 34 0020 43570 $12,250.00 003 003 Jetse &. Ursula Pottinga 2150 Shevlin Drive 2150 Shevlin Dr Wayzata, MN 55391 1 03-117-23 34 0021 43570 $12,250.00 004 003 John Sagehom 2140 Shevlin Drive 2140 Shevlin Dr Wayzata, MN 55391 1 03-117-23 34 002?43570 $12,250.00 005 003 David & Ann Wyer 2130 Shevlin Drive 2130 Shevlin Dr Wayzata, MN 55391 1 03-117-23 34 0023 43570 $12,250.00 006 003 Jack & Julie Hawes 2095 Webber Hills Road 2095 Webber Hills Rd Wayzata, MN 55391 1 03-117-23 34 0024 43570 $12,250.00 007 003 L. L. & P. R. Butterfield 2085 Webber Hills Road 2085 Webber Hills Rd Wayzata, MN 55391 1 Page 3 of 4 - ^ I i r ?T Levy Namber: 14992 PID« Addition Code. Total ...Principal Lot Block • Name Street Property Address Mailing Street Address Mailing City Address Units 03-117-23 34 0025 43570 $12,250.00008 003 Jeanne Cashmore 2075 Webber Hills Road 2075 Webber Hills Rd Wayzata, MN 55391 1 03-117-23 34 0026 43570 $12,250.00009 003 P. & V. Lytle 2065 Webber Mil's Road 2065 Webber Hills Rd Wayzata, MN 55391 1 03-117-23 34 0028 43570 $12,250.00Oil 003 E. Volden & C. Ducharme 2025 Webber Hills Road 2025 Webber Hills Rd Wayzata, MN 55391 1 03-117-23 34 0029 43570 $12,250.00012 003 R'.hard Pula 2015 Webber Hills Road 2015 Webber Hills Rd Wayzata, MN 55391 1 03-117-23 43 0003 41303 $19,250.00m na Michael Ott 680 Brown Road South 680 Drown Rd. S Wayzata, MN 55391 1 03-117-23 43 0005 41303 $19,250.00na • na Ruth Anne Vickerman 800 Brown Road South 800 Brown Rd. S Wayzata, MN 55391 1 10-117-23 22 0001 43570 $12,250.00na na Phyllis Fiidden 825 Willow Drive South 825 Willow Dr. S Wayzata, MN 55391 1 10-117-23 22 0002 M 41310 $12,250.00na na • Gilbert Anderson 845 Willow Drive South 845 Willow Dr. S Wayzata, MN 55391 1 $454,500.00 ?hk : . f 1 PW -••• :. V ■" • •Page 4 of 4 \ { 1 rM.* \ ^ L.T*fc** REQUEST FOR COUNCIL ACTION meetinq 0 9 jnnn C,. DATE: October 9, 2000 ITEM NO.; Department Approval: Name Gregory A. Gappa Title Director of Pub ic Services Administrator Reviewed: Agenda Section: Public Services’s Directors Report Item Description: Assessment for 2090 Shoreline Drive (Head Property) Sewer Project The property owners signed a "Petition for Local Improvement" requesting that an assessment project be completed to install sewer for their property. This petition waived the property owner’s rights to have an assessment hearing and appeal the project assessment, so an assessment hearing was not held for this project. The project construction has been completed and the property owners are already connected to the sewer. The assessment interest rate will be 6.25%. This is the same rate as all of our other sewer projects. The final assessment is less than the maximum assessment amount that was listed in the petition form requesting the project. Council approval of the attached resolution adopting the project assessment roll is required. COUNCIL ACTION REQUESTED: Motion to approve a resolution adopting the assessment roll for the 2090 Shoreline Drive (Head Property) Sanitary sewer Project ' A RESOLUTION ADOPTING THE 2090 SHORELINE DRIVE SANITARY SEWER IMPROVEMENTS ASSESSMENT ROLL WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the improvement of sanitary sewer for 2090 Shoreline Drive (Head Property). Minnesota: NOW, THEREFORE, BE IT RESOLVED, by the City Council of Orono, 1. 2. 3. 4. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefltted by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments extending over a period of 15 yeais, 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 6.25% per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31,2001. l o each subsequent installment vrhen due shall be added interest for one year on all unpaid installments. Tlic 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 Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from October 9,2000; and he may, at anytime thereafter, pay to the City Treasurei the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 30 in 2000 or before November 15 in a subsequent year c’ interest will be charged through December 31 of the next succeeding year. Partial prepayment may be allowed in accordance with Ordinances No. 160 Second Series, adopted May 12, 1997. Page 1 of 2 V ■ I' 4 r^: 5.The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council of Orono this 9th day of October, 2000. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk Page 2 of 2 Assessment Roll for 2090 Shoreline Drive Sanitary Sewer Improvement I I 06-0ct‘00 Mankipality: ORONO Municipal Code: 38 Project Number: 200<M w Levy Number: 14995 Total r reject Assessment: $51350.00 b ‘My Levy Description: 2090 Shoreline Drive Sanitary Sewer Project Interest Rate: 6.25% Number of Years Payable: 15 PID# m b Addition Total Code Principal Lot Block Name Street Property Address » Mailing Street Address h**t Hing City Address Units 15-117-23 23 0001 $51,350.00 DOUGLAS P. HEAD ETAL 2090 SHORELINE DRIVE 16I6 22NDSTW MINNEAPOLIS. MN 55405 $51350.00 r. REQUEST FOR COUNCIIc,)®iPWr6TlNS OCT l|>£l2D8flt)ctober 9,2000 Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: I ^ Public Services's Directors Report Item Description: Assessment for Hazardous Tree Removal Resolution The City ordered removal of a large dead hazardous tree at 1540 North Arm Drive under the provisions of Section 9.55 of the Orono City Code, 'fhis code section regulates the maintenance of private property and allows the City to completed ordered actions if not completed by the property owner and then to assess these costs againsi the property ’. Because of financial hardship reasons, the property owner did not complete the tree removal. The City then had Dalhke Tree Service remove the tree. The property owner has requested that the assessment be for a three-year term instead of the normal one year term for delinquent fees. The assessment interest rate will be 8%. This is the same rate as all other delinquent fee assessments. Council approval of the attached resolution adopting the assessment roll is required. COUNCIL ACTION REQUESTED: Motion to approve a resolution adopting the s essment roll for Delinquent 2000 General Service Fees. iim ■ -------------------------------------------------------------------------------------------------------------- ------------------------ ■— .u MM V > r.-\I k.-1. *1 w A RESOLUTION FOR THE COLLECTION OF 2000 HAZARDOUS TREE REMOVAL CHARGES Whereas, the City Council of the City of Orono, Minnesota has enacted certain ordinances under Minnesota Statutes, therefore pursuant to Chapter 9, Section 9.55, Orono City Code pertaining to maintenance of private property; and Whereas, Orono City Code Section 9.55 allows the City to order abatement of ordinance violations and then to complete the abatement of violations if not completed by the property owner and certify the costs of abatement as a special assessment; and Whereas, the charges for abatement of ordinance violations in the attached assessment roll are delinquent in nature; and Whereas, the property owner of 1540 North Arm Drive has requested assessment of City charges, for removal of a hazardous tree, over a three year time period because of financial hardship; and Whereas, the City has obtained from the Hennepin County Auditor, levy number 14996 for this assessment; and Whereas, the City hereby authorizes and directs the Hennepin County Auditor to levy the assessment over a three year time period at an 8% interest rate. Such assessment shall be payable in equal annual installments extending over a period of 3 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 annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2001. To each subsequent installment when due shall be added interest for one year on all unpaid installments. Therefore, Be It Resolved, that the City Council of the City of Orono, Minnesota hereby authorizes and direcii the County Auditor of Hennepin County to assess properties identified in the attached assessment roll, made a part hereof, for the amounts appearing along with such properties, plus eight percent (8%) interest added as directed. Said amounts to be collected along with property tioces beginning in 2001. Page 1 of 2 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on October 9,2000. ATTEST: Linda S. Vec, City Clerk Gabriel Jabbour, Mayor S'•% ^ A' Page 2 of 2 mi -f. r •»#»n-»»»«’ ♦• .«. «• % i Assessment Roll for Delinquent 2000 General Service Fees C OS-Oct-OO Municipality: ORONO Levy Number: 14996 Municipal Code: 38 • I Levy Description: General Service Fees Total Project Assessment: $2,500 Interest Rate: 8%Number of Years Payable: 3 PIDS Addition Total Lot Block Name Code Principal Street Property Address u Mailing Street Address Mailing City Address Units 08-117-23 33 0075 $2,500.00 EDDIE A. LINDGREN 1540 NORTl I ARM DRIVE 1540 NORTH ARM DRIVE MOUND, MN 55364 $2,500.00 mm : 1^' '''VI hy fe m': - A \ 5 Pi REQUEST FOR COUNCIL ACTION DATE; October 9, 2000 ITEM NO.: ^ 0 Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services's Directors Report item Piscription: Request for Payment w5, 2000 Lift Stations Project We have reviewed the information submitted by the City's engineering firm and recommend approval of this Request for Payment. COUNCIL ACTION REQUESTED: Motion to approve Request for Payment ^5, 2000 Lift Stations Project to Ford Construction Inc. in the amount of $83,584.47 ijijJ ‘ BONESTROO ROSENE ANDERLIK3 ©6516361311 10/03/00 11:43 0:03/04 N0:489 No. 1 2 Itam Part 1 • Hwy 12 Ralalf Ufl Station Highway 12 relief lift staion Valve manhole, including meter 3 Flow control manhole, Including weir plate 4 6” DIP sanitary sewer 5 6* PVC sanitary sewer 6 4* DIP forcemain 7 4" DIP bends 8 12” X 4" wet tap w/valve 0 Cut in 12* X 4” tee wAralve 10 SeedwAopsoil 11 Seed wAopsoii 12 Class S aggregate base Contract Unit Quantity Amount Unit Quantity Price to Date to Date LS 1 $74,000.00 1.00 $74,000.00 LS 1 $8,200.00 1.00 $8,200.00 LS 1 1.00 $4,000.00 LS 1 $600.00 2.00 $1,200.00 LF 10 $45.00 10.00 $450.00 LF 55 $23.00 55.00 $1,265.00 EA 4 $S0.00 6.00 $480.00 LS 1 $1,500.00 1.00 $1,500.00 LS 1 $2,200.00 1.00 $2,200.00 SY 100 $2.50 $0.00 SY 200 $2.50 $0.00 TN 30 $15.00 $0.00 Total Part 1 - Highway 12 Relief Lift Station:$93,205.00 Part 2 • West Ferndale Lift Stations 13 Lift Station No. 2 rehabilitation incl. gravity manhole LS 1 $121,641.00 0.65 $115,558.95 14 Lift Station No. 3 rehabilitation LS 1 $23,000.00 1.00 $23,000.00 15 Lift Staton No. 4 rehabilKaUon LS 1 $23,000.00 1.00 $23,000.00 16 Lift Staton No. 5 rehabllKaton LS 1 $25,000.00 1.00 $25,000.00 17 Gravity sewer MH LS 1 $1,000.00 1 16 Connect to existing 2 ” PE FM EA 7 $500.00 4 $2,000.00 19 2 ’HOPEFM LF 100 $10.00 25 $250.00 20 Core drill and install 2 ” FM Into existing MH 432 LS 1 $850.00 $0.00 21 4” or 6* PVC service pipe LF 60 $30.00 40 $1,200.00 22 Granular borrow TN 100 $6.00 142.40 $1,261.60 23 Class 5 aggregate base TN 75 $14.00 35.00 $490.00 24 Class 5 aggregate base, 100% crushed limerocK TN 15 $14.00 $0.00 25 Bituminous base TN 30 $90.00 $0.00 26 Bituminous wear TN 30 $95.00 $0.00 27 .See-] y/AopSoil SY 200 $2.50 $0.00 26 SodvvAopsoil SY 300 $2.50 $0.00 29 Furnish and install Evergreen Tree (blue spruce and arborvltae) 6' high Total Part 2 • West Ferndale Lift Stadons: Total Part 1 • Highway 12 Relief Lift Station: Total Part 2 • West Ferndale Lift Stations: Total Work Completed To Date EA 12 $200.00 $0.00 $192,780.55 $93,295.00 $192,780.55 $266,075.55 »• i!i • • r! JiirV •*. “ip ir • • ;• .IT.i!| ; i* .. •:!:•! I. •ir •' I •/i . T "li ir t ? I 1'i! ■I h!t cr i i h ' BONESTROO ROSENE ANDERLIK3 ® 6516361311 10/03/00 11:43 0:04/04 NO:489 PROJECT PAYMENT STATUS OWNER CITY OF ORONO BRA FILE NO. 139-99-107 CONTRACTOR FORD CONSTRUCTION CO. INC, CHANGE ORDERS No. Date Amount PAYMENT SUMMARY Total Payment to Date Ralalnaoe Pay No. Total Amount Earned $271.771.77 14.303.78 $286.075.55 Original Contract Change Orders Revised Contract $305.886.00 ;'i ‘ifi r» ‘f-: ili iii i • •;!r- P !;■ ■;d t}» ;*• ■ W. He 4 :i! f . ! • P ■k IMil .1- -f ,l>! ■ t.iE ;-3 nil iM I itnirii JiMUnillin r;i .1 i l"'- rv ?/'• ■ h:- REQUEST FOR COUNCIL ACTION ocr 0 9 2000 CITY OF ORo/vo DATE; October 9, 2000 ITEM NO.; 5 / Department Approval; Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed; Agenda Section; Public Services's Directors Report Item Description; Request for Payment #2, Webber Hills Sanitary Sewer Project We have reviewed the information submitted by the City's engineering firm and recommend approval of this Request for Payment. COUNCIL ACTION REQUESTED; Motion to approve Request for Payment ftl, Webber Hills Sanitary Project to Earth Burners Inc. in the amount of $52,812.79 k, - "r^ I I’ Bonestroo Rosene vS Anderlik& |\|| Associates inglnitn 4 Archittf ts Owner City of Orono, 2750 Kelly Pkwy., Crystal Bay. MN 55323 Date:September 29. 2000 For Period:8/9/2000 to 9/29/2000 Request No:2 Contractor Earth Burners Inc., 5910 Fremont St.. Duluth. MN 55807 REQUEST FOR PAYMENT WEBBER HILLS SANITARY SEWER IMPROVEMENTS BRA FILE NO. 139-98-102 Original Contract Amount Change Order • Addition Change Order • Deduction Revised Contract Amount Value Completed to Date Material on Hand Amount Earned Less Retainage 7% Subtotal Less Amount Paid Previously Liquidated damag3s • AMOUNT DUE THIS REQUEST FOR PAYMENT NO. $ $ 0.00 0.00 $ $ $ $ $ $ $ $ $ Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Approved by OOntractor.Approved by Ownen CITY OF ORONO Specified Contract Completion Date: _____September i, 2000 Date: 215.120.00 215.120.00 191,690.50 0.00 191.690.50 13.418.34 178.272.17 125.459.38 0.00 52.812 79■BBiBIHHBBBSSBI r- I L'. * No. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 i:«m Part 1 • Sanitary Sower 1-1/2* HOPE, SOR11 trench or directional drill M/2* HOPE. SOR 11 directional drilled 2* HOPE. SOR 11 directional drilled 3* HOPE, SOR 11 trench or directional drilled 3* HOPE, SOR 11 directional drilled 1-1/4* HOPE. SOR 11 trench or directional drilled 1-1/4* HOPE, service pipe SOR 11 directional driaed 1-1/4* HOPE, service pipe SOR 11 trench or directional drilled 1-1/2* HOPE service pipe. SOR 11 trench or directional drilled 1-1/2* HOPE service pipe, SOR 11 directional drilled 1-1/4* curb stop and box 1-1/2* curb stop and box Connect to existing gravity manhole 1 1/2* isolation valve 2* isolation valve 3* isolation valve Insulate sanitary sewer, 2* thick Air release MH Flushing Connection Termination flushing Connection Clear and Grub Total Part 1 - Sanitary Sewer Part 2 - Restoration Bituminous driveway restoration Gravel driveway repair Bituminous street patching Silt fence, regular Concrete driveway restoration Remove and transplant tree-conferous Remove and transplant tree^eciduous Remove and transplant bushes Sodding, lawn type MnDOT Seed Mix 70A Wood flber blanket Furnish and plant evergreen tree (blue spruce) 6' high Furnish and plant shade tree (sugar maple) 4* diameter Total Part 2 - Restoration Total Part 1 - Sanitary Sewer Total Part 2 - Restoration Total Work Completed To Date 300.00 Contract Unit Quantity Amount Unit Quantity Price to Date to Date LF 1350 14.00 1350 $18,900.00 LF 360 14.00 485 $6,790.00 LF 2300 13.50 2309 $31,171.50 LF 2300 14.50 2300 $33,350.00 LF 500 14.50 484 $7,018.00 LF 500 13.00 491 $6,383.00 LF 750 13.00 596 $7,748.00 LF 360 13.00 363 $4,680.00 LF 20 20.00 ’ $0.00 LF 180 13.00 $0.00 EA 36 925.00 40 $37,000.00 EA 4 950.00 SO.OO EA 1 2300.00 1 $2,300.00 EA 3 1600.00 3 $4,800.00 EA 2 1600.00 2 $3,200.00 EA 1 1750.00 1 $1,750.00 SY 30 25.00 $0.00 EA 2 5300.00 2 $10,600.00 EA 4 1850.00 4 $7,400.00 EA 4 1900.00 4 $7,600.00 LS 1 1000.00 1 $1,000.00 $191,690.50 SY 150 5.00 $0.00 SY 50 1.00 $0.00 SY 300 10.00 $0.00 LF 500 1.00 $0.00 SF 300 1.00 $0.00 EA 5 30.00 $0.00 EA 5 30.00 $0.00 EA 10 1.00 $0.00 SY 8000 1.00 $0.00 AC 2 150.00 $0.00 SY 100 1.50 $0.00 EA 10 300.00 $0.00 SO.OO $0.00 $191,690.50 SO.OO $191,690.50 ! . Item Unit Contract Quantity Unit Price Quantity to DaU Amount to Date i f:-. > ,• PROJECT PAYMENT STATUS OWNER CITY OF ORONO BRA FILE NO. 139-98-102 CONTRACTOR EARTH BURNERS INC CHANGE ORDERS No.Date Description Amount Total Change Orders PAYMENT SUMMARY Material on Hand nquMt^ No.From To Payment Retalnage Completed 1 05/09/2000 08/08/00 125,459.38 6,603.13 1.^:!,062.51 2 08/09/2000 09/29/00 52.812.79 13,418.34 191,690.50 Total Payment to Date $178,272.17 Original Contract $215,120.00 Retainage Pay No. 2 13,418.34 Change Orders Total Amount Earned $191,690.50 Revised Conti act $215,120.00 COUNC.ll MFIETlNG OCT 0 9 2000 REQUEST FOR COUNCIL ACTION CITY Oh DATE: October 6, 2000 ITEM NO: ^ / / Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Temple Israel Request for CUP Hearing at the City Council versus Planning Commission Temple Israel is planning to build a new shower/toilet facility for Camp Teko. Materials related to the planned new building are attached. The Camp Teko private camp use is a conditional use under the City’s residential zoning district. Because Camp Teko was in e.xistence prior to the City’s zoning code, there has never been a conditional use permit for the camp. Construction of a new building for a conditional use requires an amendment to the CUP. In discussions with Camp Teko over the summer, staff indicated it was unclear how the new building should be handled in terms of zoning review due to no existing CUP for the camp. The Temple Israel representative understood the discussions to indicate a zoning application and review would not be required for the shower facility, and that only a building permit application would be needed. Staff has determined that the new facility should be a part of an overall conditional use permit application that brings the overall camp use into conformance in terms of a conditional use permit. Temple Israel recently applied for a building permit. A conditional use permit application process would delay the project until late November. Temple Israel has requested the City to consider other options that would enable the building project to move forward more quickly. An option proposed by staff is that the City Council hold a public hearing regarding a CUP specifically for the new shower/toilet facility at its October 23 meeting, with the condition that Temple Israel agrees to then submit a full CUP application for the overall Camp Teko use. Although holding the public hearing at the City Council meeting would bypass the Planning Commission, it would enable public input regarding the proposed building; and if the CUP is approved, it would enable a building permit to be provided on October 24 versus November 28. COUNCIL ACTION REQUESTED: Motion regarding enabling a conditional use permit for a new shower/toilet facility at Camp Teko to go directly to the City Council for a public hearing at the October 23,2000 City Council meeting, with the condition that a full CUP application for the overall Camp Teko use be submitted prior to a Certificate of Occupancy being granted for the shower/toilet facility. 35 ’ accessory building setback NEW SHOWER FACILITY 40* setback to building- Total Fee: $ Entered By: Date Received: ^ Permit #: ’35'_______ 1^' CITY OF ORONO - BUILDING PERMIT APPLICATION All information must be submitted in full before plan review will be started. {please print all information) THE APPLICANT IS: {circle one) OWNER OR CONTRACTOR JOB SITE ADDRESS: TDKIKAWA BPAt)ZIP: NAME OF OWNER: TEMPLE PHONE: (home). MAILING ADDRESS: 1E2M (work) (aiL V1H - GiOS FP<V>J AVP <;.C1TY: MIMHEAHMSZIP: gS</DS CONTRACTOR: T)IVFRSIPIgD rOMSTeiXJiOl^ PHONE: CONTACT PERSON: DAVE SOIAFK/rR MOBILE/PAGER: fclZ MAILING ADDRESS: IPiD HWV "7 ________CITY: gT.ljPOK PAgiiZIP; 55^ STATE LICENSE: # 3U>H\ ARCHITECT/ENGINEER: WALSH PHONE: (aVl 33&-61*19 MAILING ADDRESS: q^D^ty/VKlD AVE S. CITY: W\Mf)^R)US ZIP: SSMOT. NAME: MYHAEL 5Hj£LDS___________REGISTRATION ft iZMgO______ TYPE OF WORK: New X Addition__ Move Remodel/Alteration Accessory Structure Land Alteration PROPOSED WORK {describe in detail) : MbW 5H0WEE«/TDIUET FOZ C/VMP T£k:o__________________________ STORIES: I SQ. FEET OF EACH FLOOR: I.OQO NO. OF BEDROOMS:GARAGE STALLS: ATT.DET. ESTIMATED CONSTRUCTION VALUATION (excluding land): $ iPPi QQO» _____ I hereby apply for a building permit and I acknowledge that the information above is complete and accurate; that the work will be in conformance with the ordinances and codes of the City and with the State Building Code; that 1 understand this is not a permit and work is not to start without a permit; and that the work will be in acc^dance with ths app^ed plan. APPLICANT'S SIGNATURE:DATE: NOTE! Pnrndfi of Homes events require separate permit approval by Police Department and City Council 60 days prior to the event. Non-permitted events will not be allowed. ✓ . ^UNnn RJiemNO REQUEST FOR COUNCIL ACTION OCT Q 9 2000 DATE: Octo§er^,4(}l3f0''-^w ITEM NO: ^ ^ Department Approval:Administrator Reviewed: Name Lin Vec Title City Clerk Agenda Section: City Administrator's Report Item Description: Curbside Recycling Contract The West Hennepin Recycling Commission (WHRC) contracts with E-Z Recycling for curbside pickup of recyclables. A copy of the Curbside Contract Extension Agreement for 1998-2000 is attached. The WHRC is seeking input from the City Councils of each of the seven participating cities regarding renewal of the contract with E-Z Recycling. Most of the cities have been satisfied with the service; however, there have been concerns regarding loose debris from the trucks. Greenfield has experienced numerous problems in their routes. The Recycling Coordinator continues to work with E-Z Recycling to resolve problems that are reported during pickups. The WHRC has suggested the following four options to consider in the contract renewal process: 1. Extend the current contracts (as in the past) for three years; 2. Send out RFPs as a 'group' of cities; 3. 6 cities extend contracts, with Greenfield having a separate RFP; or 4. Extend our contracts with E-Z Recycling for one year, deciding to go out for bids as a 'group' of cities in July 2001. The WHRC recommends extending the current contract with E-Z Recycling for one year through December 31, 2001, and sending out RFPs in July 2001. E-Z Recycling has agreed to stay at the same per-household-per-month charge of $2.04 for 2001 for all of WHRC cities. COUNCIL ACTION REQUESTED: Motion to recommend extending the current contract with E-Z Recycling for one year through December 31, 2001, and sending out RFPs in July 2001 for curbside recycling in the seven cities participating in the West Hennepin Recycling Commission. -I mr - Curbside Contract Extension Agreement for 1998 - 2000 City of Orono and E-Z Recycling t This Agreement extends the 1993 - 1997 Recycling Collection Curbside Contract between "the City of Orono and E-Z Recycling last dated September 12, 1994. The parties above hereby mutually agree that the contract abo\ e is extended through December 31, 2000. # This Extension Agreement is subject to the following amendments to the original contract: 1. Annual Increase based on increased household counts The Contractor will receive a prorated annual increase based on the current cost per household per month calculated on any increased household count in the preceding year, beginning with the household counts at •December 3 1, 1998. 2. Material Revenue Sharing Revenue Sharing. Effective August 1, 1995, the Contractor instituted revenue sharing for newsprint. If the market value for newsprint is over $25 per ton, the Contractor will rebate tlie City $5 per ton. If the market valu'e of newsprint is over SI 00 per ton, the Contractor will rebate the City S10 per ton. The Contractor will use the monthly average scale price from Waldorf, Pioneer Paper and Weyerhaeuser to determine the amount to he paid. Market Downturns. Because markets for recycling newsprint rind plastics continue to fluctuate, effective January 1, 1998, the City agree.s'to .share in market do - nturns with the Contractor If the Contractor is paying more than $5 per ton to recycle newsprint, the City will pay the Contractor 50% of the increased market downturn cost. The Contractor will use the monthly average scale price from Waldorf, Pioneer Paper and Weyerhaeuser to determine the increase. If the Contractor is paying more than $40 per ton to recycle plastic containers \\ith a neck, the City will pay the Contractor 50% of the increased per ton market downturn co.st. The Contractor will use the monthly average scale price from Phoenix Recycling and Quality Check to determine the increase. The Contractor agrees to provide the City with 90 days written notification prior to implementing this increase in * costs to the City, and to provide the City with verification of market prices upon request. ♦ i» * ♦ >»• The City .shall pay E-Z.Recycling $5,583.48 per month for the .services outlined in this Agreement and the original contract. It is understood that utiless a 90 day market downturn notice has been provided, the maximum amount during this contract term will not exceed $67,001.76 per year. This amount is based on a household count of 2,737 at $2.04 per household per month Extended and Amended this<^7^day of QcLTe5tSg:\c_ 1997. REQUEST FOR COUNCIL ACTION COUMrii nPiniNQ OCI 0 9 2000 DATE: October 6,2000 CITY OF Oi^/y/o ITEM NO ■■ ^3 Department Approval: Name Lin Vce ^ Title City Clerk Administrator Reviewed: y Item Description: List of Licenses for ^uncil Approval Agenda Section: Licenses There are no licenses. r. CITY OF ORONO Check Summary Register COUNrfi OCT O^HOOO— FriO*T.\OW^W&.?0?0 Page 1 of 2 r 10100 Primary Cash Paid Chk# 062521 Paid Chk# 062522 Paid Chk# 062523 Paid Chk# 062524 Paid Chk# 062525 PakJ Chk# 062526 Paid Chk# 062527 Paid Chk# 062528 Paid Chk# 062529 Paid Chk# 062530 Paid Chk# 062531 Paid Chk# 062532 Paid Chk# 062533 Paid Chk# 062534 Paid Chk# 062535 Paid Chk# 062536 Paid Chk# 062537 Paid Chk# 062538 Paid Chk# 062539 Paid Chk# 062540 Paid Chk# 062541 Paid Chk# 062542 Paid Chk# 062543 Paid Chk# 062544 Paid Chk# 062545 Paid Chk# 062546 Paid Chk# 062547 Paid Chk# 062548 Paid Chk# 062549 Paid Chk# 062550 Paid Chk# 062551 Paid Chk# 062552 Paid Chk# 062553 Paid Chk# 062554 Paid Chk# 062555 Paid Chk# 062556 Paid Chk# 062557 Paid Chk# 062558 Paid Chk# 062559 Paid Chk# 062560 Paid Chk# 062561 Paid Chk# 062562 Paid Chk# 062563 Paid Chk# 062564 Paid Chk# 062565 Paid Chk# 062566 Paid Chk# 062567 Paid 062568 Paid Chk# 062569 Name A-1 RENTAL AJ. GALLAGHER & CO OF MN, INC ASPEN EQUIPMENT AT&T- AT & T WIRELESS SERVICES AUGIES MOBILE CHEF AUTOMATIC SYSTEMS CO. BELL & HOWELL BIFFS INC. BONESTROO ROSENE & ASSOC. Void BOTTENBERG.W'ENDY BUDGET PRINTING CHUNKS LAKESHORE AUTO CITYVIEW PLUMBING & HEATING COFFEE MILL DAHLGREN SHARDLOW & UBAN DCA-WIRE ONLY DELTA DENTAL DEPT OF ADM - INTERTECH GROUP E-Z RECYCLING EARTH BURNERS EAST SIDE BEVERAGE ELECTION SYSTEMS & SOFTWARE ENGINEERING REPRO SYSTEMS ESS BROTHERS & SONS FARNIOK. CORREY FIRSTAR TRUST COMPANY FORD CONSTRUCTION FORTIS BENEFITS FRANKLIN PRESS INC G & K SERVICES GEAR WEST SKI & BIKE GENUINE PARTS CO. GOLF CRAFT GOVERN SOFTWARE HAWKINS CHEMICAL HENNEPIN COUNTY TREASURER-GEN HENNEPIN COUNTY TREASURER-TAX' HINSHAW & CULBERTSON Void HUEBSCH RENTAL SERVICE ITEN CHEVROLET KENNETH N. POTTS. PA KUEHN, THOMAS LEAGUE OF MN CITIES LOGIS LONG LAKE POWER EQUIPMENT MEDICA Check Date 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 10/9/2000 ^-/9/2000 1 0/9/2000 10/9/2000 Check Amt S72.90 $1,800.00 $44.29 $15.58 $88.15 $72.20 $1,143.43 $399.00 $502.47 $19,662.57 $0.00 $148.35 $7.39 $2,339.44 $235.92 $164.00 $4,228.00 $673.41 $1,104.40 $362.77 $5,754.84 $52,812.79 $62.50 $87.80 $29.77 $1,816.90 $57.24 $2,230.14 $83,584.47 $811.64 $7,033.29 $437.98 $37.96 $125.48 $64.00 $3,322.80 $448.58 $1,017.13 $680.79 $7,031.80 $0.00 $22.98 $29.82 $2,391.66 $114.08 $4,956.00 $1,141.69 $133.77 $16,522.35 Name Check Date Check Amt i Paid Chk# 062570 Void 10/9/2000 $0 00 PaidChk* 062571 Void 10/9/2000 $0 00 Paid Chk« 062572 Void 10/9/2000 $0.00 Paid Chk« 062573 METRO GARAGE DOOR 10/9/2000 $145.60 Paid Chk« 062574 MIDWEST ASPHALT 10/9/2000 $2,758.23 Paid Chk# 062575 MIDWEST COCA COLA BOTTLING CO 10/9/2000 $61.20 Paid Chk# 062576 MILLERSViLLE UNIVERSITY 10/9/2000 $295.00 Paid Chk# 062577 MiNNEGASCO 10/9/2000 $417.27 Paid Chk# 062578 MN DEPT OF HEALTH 10/9/2000 $1,094.00 Paid Chk# 062J79 MN DEPT OF LABOR & INDUSTRY 10/9/2000 $315.00 Paid Chk# 062580 MN DEPT OF NATURAL RESOURCES 10/9/2000 $2,070.00 Paid Chk# 062581 MN PREVENTION RESOURSE CENTER 10/9/2000 $110.00 Paid Chk# 062582 MR AUGIES COFFEE SERVICE 10/9/2000 $49.50 Paid Chk# 062583 NAVARRE HARDWARE 10/9/2000 $26.26 Paid Chk# 062584 NCPERS GROUP LIFE INS 10/9/2000 $144.00 Paid Chk# 062585 NSP 10/9/2000 $8,608.74 Paid Chk# 062586 OFFICE DEPOT 10/9/2000 $598.12 Paid Chk# 062587 OLD DUTCH FOODS INC.10/9/2000 $27.72 Paid Chk# 062588 OLSEN COMPANIES 10/9/2000 $1,476.20 Paid Chk# 062589 PEER ENVIRONMENTAL & ENGINEERI 10/9/2000 $1,600.00 Paid Chk# 062590 PRAIRIE OFFSET 10/9/2000 $671.80 Paid Chk# 062591 PROLAVVNS 10/9/2000 $1,335.00 Paid Chk# 062592 PROTECTION ONE 10/9/2000 $168.99 Paid Chk# 062593 RISTAD, DONALD A.10/9/2000 $5,000.00 Paid Chk# 062594 SIGNS OF THE SEASON 10/9/2000 $306.72 Paid Chk# 062595 SKYWAY PUBLICATIONS 10/9/2000 $12.50 Paid Chk# 062596 SPEEDWAY SUPERAMERICA LLC 10/9/2000 $6.87 Paid Chk# 062597 TOLL GAS & WELDING SUPPLY 10/9/2000 $11.22 Paid Chk# 062598 TRACY TRIPP FUELS 10/9/2000 $5,648.06 Paid Chk# 062599 UNIFORMS UNLIMITED 10/9/2000 $1,891.23 Paid Chk# 062600 UNIV OF MN • EXTENSION SERVICE 10/9/2000 $166.75 Paid Chk# 062601 US WEST COMMUNICATIONS 10/9/2000 $1,249.60 Paid Chk# 062602 US WEST INTERPRISE 10/9/2000 $361.05 Paid Chk# 062603 VEIT & CO. INC.10/9/2000 $12,150.00 Paid Chk# 062604 VERIZON WIRELESS 10/9/2000 $428.77 Paid Chk# 062605 VIKING INDUSTRIAL CENTER 10/9/2000 $609.95 Paid Chk# 062606 VILLAGE CHEVROLET 10/9/2000 $17.71 Paid Chk# 062607 VOGT HEATING & AIR 10/9/2000 $3,975.00 Paid Chk# 062608 W.W. GRAINGER INC.10/9/2000 $91.01 Paid Chk# 062609 WESLEY BENDICKSON 10/9/2000 $2,520.00 PaidChk# 062610 WESTSIDE WHOLESALE TIRE 10/9/2000 $; .00 Paid Chk# 062611 WIDMER INC 10/9/2000 $420.00 Paid Chk# 062612 WRIGHT HENNEPIN ELECTRIC 10/9/2000 $29.79 Total Checks $282,768.38 • ;V CITY OF ORONO Check Summary Register Thursday, October 05,2000 Page 1 of 1 Nam*Check Dat*Check Amt 10100 Primary Cash Paid Chk# 061910 UNITED STATES POSTAL SERVICE Paid Chk# 061911 ROCKVAM BOAT YARDS INC. Paid Chk# 061912 ROCKVAM BOAT YARDS INC. Paid Chk# 061913 DCA • WIRE ONLY 9/7/2000 9/29/2000 9/25/2000 9/17/2000 Total Check* $920.00 $94.79 $0.00 $253.94 $1,268.t3 ■s CITY OF ORONO Check Register 10/06/00 8;54 AM Page 1 Pay Period Check • Employee Name Check Date Check Amount 10 046269 PETERSO.-i. BARBARA 10/9/00 $269.36 10 048270 MOORSE, RONALD J.10/9/00 $277.05 10 048271 SANSEVERE, ROBERT K.10/9/00 $269.36 10 048272 FLINT, RICHARD 10/9/00 $269.36 10 048273 JABBOUR, GABRIEL E.10/9/00 $323.22 10 048274 KELLEY, CHARLES 10/9/00 $269.36 10 048268 VOID 10/9/00 $0.00 RtportTolil $1,677.71 ■I •k' J CITY OF ORONO Check Summary Register r Nam*Chack Date lOfOO Primary Cash Paid Chk« 062507 Paid Chk* 062508 Paid Chk« 062509 PaldChMP 062510 Paid Chk« 062511 PaidChk* 062512 Paid Chki 062513 Paid ChIdP 062514 PaidChk# 062515 Paid Chk# 062516 PaidChk# 062517 PaidChk# 062518 Paid Chk# 062519 Void CITY COUNTY CREDIT UNION FIRST NATIONAL BANK OF LAKES ICMA RETIREMENT TRUST - 457 LAW ENFORCMENT LABOR SERVICE MINNESOTA CHILD SUPPORT PMT MN DEPT OF REVENUE ORCHARD TRUST CO. TRUSTEE/CUST PEBSCO/OBRA PEBSCO/US CONF OF MAYORS PUBLIC EMPLOYEES RETIREMENT UNITED WAY WISCONSIN SCTF 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 Total Checks I*' Is- E Wednesday, Octotier 04,2000 Page 1 of 1 Check Amt sc.w S7,5r J OJ $17.80* "10 S30t JO $0.00 ^90.12 $3,897.44 $1,772.68 $174.00 $2.590 00 $10,473.20 $28.C0 $184.62 $44,747.36 Jl. CITY OF ORONO Check Register 10/05/00 8:51 AM Page 1 Pay Period Check # Employee Name Check Date Check Amount 20 20 ^0 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 040208 JOHNSON. MARY ANN 048209 DODGE. RACHEL M. 048210 MOORSE. RONALD J. 048211 STURMAN. HEIDI N. 048212 VEE. LINDAS. 040213 KUEHN, THOMAS M. 048214 OLSON. RONALD J. 040215 PETTIT. SANDRA K. 048216 ANDERSON. BRUCE L. 048217 BOBZIEN. SUE A. 048218 BORIS. SCOTT W. 048219 BUDIG. STACIE M. 048220 CARLSON. MICHAEL B. 048221 CHESWICK. GARY B. 048222 CORNICK. JAMES L. 048223 DEMBOUSKI. JAY C. 048224 ERICKSON. KURT R 048225 FARNIOK. CORREY L 048226 FISCHENICH. DAN T. 048227 FISCHER. CHRISTOPHER K 048228 JOHNSON. BRADLEY P. 048229 JOHNSON, JEFFREY 048230 MADSON. ADRIENNE M. 048231 MCNALLY. STEVEN A. 048232 MCNICHOLS. DAVID L 048233 MOROWC2nrNSKI. JAMES 048234 PERSELL. WILLIAM R. 048235 SCHOENHOFF, JOHN B. 048236 TOMCHECK. LAWRENCE F. 048237 TOMCZYK, MARK W. 040238 WITTKE. ANTHONY A. 048239 COOPER. ROBERT M. 048240 HENDRICKS. RONALD J. 048241 BOTTENBERG. WENDY C. 048242 DAVIS. MARC L. 040243 GAFFRON, MICHAEL P. 040244 GAPPA. GREGORY A. 048245 MEYER. WILLIAM C. 048246 OMAN. LYLE E. 048247 PENCE. CHRISTOPHER M. 048248 WEINBERGER. PAUL E. 048249 BRINKHAUS. JOHN F. 048250 DEBAERE. DONALD L 048251 GREGORY. JAMES D. 048252 HANSEN. STEVEN 048253 OBERAIGNER. SCOTT G. 048254 OBRIEN. RANDY L. 048255 PALMER. GREGORY A. 10/4AK) 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4AX) 10/4AX) 10/4/00 10/4/00 10/4/00 $688.26 $878.86 $1,661.29 $677.04 $1,220.55 $1,394.47 $30.42 $376.44 $312.76 $676.67 $994.39 $663.57 $140.90 $1,568.91 $1,316.19 $1,411.15 $1,293.16 $1,522.76 $1,569.37 $1,152.76 $1,434.21 $988.13 $480.73 $1,315.92 $570.79 $1,543.90 $379.77 $1,319.02 $645.72 $1,300.83 $925.20 $331.13 $564.19 $1,122.43 $1,176.05 $1,187.36 $1,656.05 $461.39 $93.71 $994.06 $1,263.23 $1,183.83 $881.27 $950.27 $949.89 $603.25 $309.65 $1,067.41 L CITY OF ORONO Check Register 10/05/00 8:51 AM Page 2 Pay Period Check § Employee Name Check Date Check Amount 20 20 20 20 20 20 20 20 20 20 20 20 20 Report Total 048256 RATHBUN, BARRY J. 048257 SKREEN. DALE S. 048258 ABRAHAMSON, FRED W. 048259 BIX. MILTON, H. 048260 BLAIR, JANIS A. 046261 MCINTYRE. WILLIAM E. 046262 OAS, DANIEL O. 048263 PEICKERT, GARY J. 048264 ROSS, JOHN A. 048265 STEFFENHAGEN, RONALD E. 048266 STORK. JOHN T. 048267 NICKESON, ANDREW K. 048207 VOID 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 10/4/00 $998.03 $940.92 $140.75 $100.47 $115.31 $189.93 $104.10 $274.95 $120.04 $1,242.08 $191.93 $74.30 $0.00 $49,758.22 i-par 1 I •^cxi NG OCI 0 9 Wtl cn Y ur OhUNO % > ■ r\ r U ^5^ information ITEMS COUNCIL MEETING f it*OF HiCPT\N® OCT 0 9 2000 CUYUf UHONO Ini ^ Minnesota Department of Transportation Pv Office of Freight, Railroads, & Waterways 395 John Ireland Blvd., MS 470 St. Paul. MN 55155-1899 Phof September 25,2000 Eax: 651/297-1887 Hennepin Co. Engineer Orono City Engineer Spring Park City Administrator Mound City Engineer ; ; >: ? om Cl i • w<‘nw’,\0 Re; EXEMPT Order Y-19-05 for railroad crossings along the Dakota R^l, Inc. In School District 277 within the cities of Orono, Spring Park and Mound in Hennepin Co. Dear Local Road Authorities: The Dakota Rail, Inc. has shut down their operations. No trains will be traveling on the Wayzata to Hutchinson line. Since there will be no trains and since there is no railroad, the local road authorities are requested to install the appropriate exempt signage at the railroad crossings as well as in advance of the railroad crossings. The enclosed Exempt Signing Order lists those crossings that fall within Westonka School District 277. Exempt signs in advance of crossings are black lettering on yellow background and exempt signs at the crossings are black lettering on white background. Have a safe day! If you have any questions feel free to call or write. Sincerely, Tom Gellerman Railroad Administration cc: Bob Swanson OFRW, Mn/DOT Vem Genzlinger Hennepin Co Engineer Gregory Allen Gappa Orono City Engineer Jeffery Roos Mo’jnd City Engineer Barbara A. Dahlke Transportation Coordinator Westonka Public Schools Patricia Higus City Administrator-Clerk-Treasurer Spring Park Harry Krog General Manager Dakota Rail, Inc. gell 1 tho on’fwnts003\uscrs ’(P:)\word\ltr\dakrhennexemptord.ltr An equal opportunity employer