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HomeMy WebLinkAbout04-26-1999 Council Packetr AGENDA FOR COUNCIL MEETING SET FOR MCH«>AY, APRIL 26,1999,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk hems are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet - located on the counter near the sign in sheet. 6:30 P >1. PARK VOLUNTEER RECOGNITION RECEPTION ROLL CALL h Presentation of Certificates of Appreciation to Park Volunteers 2. Presen* jn of Golf Course Painting to City COUNCIL MEETING CONSENT AGENDA Approve/Amend APR ki 6 1999 Cl IY OHONO APPROVAL OF MINUTES * 4. Regular Council Meeting of April 12,1999 * 5. Townline Road Informational Meeting of April 12,1999 PARK COMMISSION COMMENTS - Irene Silber, Representative / LAKE MINNETONKA CONSERVATION DISTRICT - LUi McMillan, Representative ^PLANNING COMMISSION COMMENTS /^PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR’S REPORT ^ 6. #2444 Brian and Susan Schebler, 1354 Rest Pomt Circle-Variance-Resolution » 7. #2457 Paula and David Lindberg, 1392 Baldur Park Road - Variances/Conditional Use Permit Resolution * 8. #2468 Bruce and Betsy Nusbaum, 3480 North Shore Drive - Variances - Resolution t 9. #2472 Sandra S. Larson, 540 Orono Orchard Road - Variance - Resolution 4 10. #2473 Matthew B. Herman, 3825 Cherry Avenue - Variances - Resolution #2475 Ronald P. Zelinsky, Jr., 320 Tumham Road - Variance - Resolution f 12. Joint Use Dock License - Victoria Estates 13. Kelly Cove Homeowners Association - Joint Use Dock Approval ^^Above-Ground Storage Tanks - Ordinance Amendment MAYOR/COUNCIL REPORT ENGINEER REPORT T 15. Renewal of Safe-Assure Contract CITY^MINISTRATOR’S REPORT JA^^Long Lake Fire Department Capital Equipment Expenditures yf. Lake Area Housing Workshop AG£l!n)A FOR COUNCIL MEETING SET FOR MONDAY, APRIL 26,1999,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA Appointment of Planning Commission Chair and Vice Chair ^19. Budget Adjustments CITY ATTORNEY'S REPORT * 20. LICENSES » 21. BILLS UPCOMING ISSUES AND EVENTS 1999 04/19 - Planning Commission Meeting, 6:30 p.m. 04/22 - Council Work Session, 7:30 a.m. 04/24 - Spring Cleanup Day, 8:00 a.m. - 2:00 p.m. 04/26 - Park Volunteer Recognition, 6:30 p.m. 04/26 - Council Meeting, 7:00 p.m. 04/28 - Board of Review, 7:00 p.m. 04/29 > Council Work Session, 7:30 a.m. 05/03 - Park Commission Meeting, 7:15 p.m. 05/05 - Highway 12 Design Review Committee Meeting, 5:30 p.m. 05/06 - Comprehensive Plan Informational Open House, Orono High School Cafeteria, 7:00 p.m. 05/08 - Spring Cleanup Day-Construction Debris Only, 8:00 a.m. - 2:00 p.m. 05/10 - Council Meeting, 7:00 p.m. 05/11 - Special Council Meeting, 7:00 p.m. 05/17 - Planning Commission Meeting, 6:30 p.m. 05/20 - Lake Area Housing Workshop, Shorewood Senior Center, 7:30 a.m. 05/20 - Comprehensive Plan Informational Open House, Gray Freshwater Center, 7:00 p.m. 05/24 - Council Meeting, 7:00 p.m. 05/31 - HOLIDAY - Memorial Day Observance 1 1 j Public A ttendance Meeting D ate 4-M, ' C ouncil □ Planning C ommission Park C ommission □ Other ' :ft;?'iiill:::: ~......................., l^viPLEASE FILL OUT THE INFOl^^ i:«EQUESrrED BELOVV FOR OUR CTTY RECOM®,! j V. : .r; NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER 2. tX'i'i4 Tl^e. _ll— ^ i “CWTl I t V_______________________________________ j\ Zj ' d Jr'tiCe. / ^’*7 5^ *1 \ 5.^-'ua. I' I / V., \ . ----1 7.. 8. 9. 10. 11.. 12. 13. 14. *■ i ' I f:.? ** ■ I II. ADOPT A PARK PROGRAM PARTICIPANTS FOR 1998 Antoine Park Bederwood Park Stubbs Bay Road Stubbs Bay Access Casco Swim Beach Hackberry Park Summit Park Navarre Park V. Sandy Beach Stubbs Bay Road Brace & Lisa Skjeipmg 1820 Shadywood Road Wayzata MN 55391 471-8487 (h) Richard & Amelia Kroeger 65 Stubbs Bay N Maple Plain, MN 55359 476-0012 (h) Larry Elsen 2879 Casco Point Rd MN 55391 471-0684 (h) 525-0100 (w) Jim Mulvanny - •473-8608 (h) Tamarack Club Seniors 559 Park Lane Long Lake MN 55356 James & Nancy Mittlestaedt 471-8701 0^) 3468 Lyric Ave Wayzata MN 55391 Gale R. Landberg 1545 Maple Place Mound MN 55364 471-8182 (h) Richard & Amelia Kroeger 476-0012 (h) 65 Stubbs Bay Rd N Maple Plain MN 55359 i •I COUNCIL MEETING APR 2 6 1999 Cn V Oh OMOlVU REQUEST FOR COUNCIL ACTION DATE: April 26, 1999 ITEM NO.: ^2. Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Item Description: Presentation of Golf Course painting to the City Artist Jon Wright has completed the Orono Golf Course oil painting in recognition of the 75th anniversary of the golf course. Prints of this painting are available for sale at the golf course for $25.00 each. Mr. Wright will make a formal presentation of the painting to the City at the Council meeting. Also, press releases and an article in the City newsletter have been completed to advertise that prints are available. The Golf course manager has said there has been a lot of interest in purchasing these prints. The original oil painting will be displayed in the Council chambers entry. COUNCIL ACTION REQUESTED: Receipt of the Golf Course painting at the beginning of the Council meeting by the Mayor. ORONO CITY COUNCIL MEETING meeting minutes for APRIL 12.1999 MEETINQ i I ROLL The Council met on the above-menUoned date with the following memijers presen^?: Slayor Gabriel Jabbour, Council Members Charles Kelley, Richard Flint, and Bob Sansevere. Barbara Peterson was absent. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator Michael Gaffiron, Assistant Zoning Administrator Paul Weinberger, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Lanette Wolf. Mayor Jabbour called the meeting to order at 7:00 p.m. (#1) PUBLIC HEARING - ORONO ORCHARDS SEWER PROJECT, 7:02 p.m. - 7:25 p.m. Tom Kellogg presented the staff report. He described the seope of the project. He said part of the project will be directionally bored. Mayor Jabbour asked if anyone had a question regarding where the sewer will be installed. There were no questions. Gree Gappa stated that the City will need easements from some of the homeowners. The proposed project assessment is $16,000 per unit. This assessment was determined based on the increase in value to the property based on the installation of sewer. He has rweived one written objection. In order to appeal the assessment, the homeowner must provide a wntten objection at the assessment hearing. Jabbour explained the procedure for assessing the cost of the sewer. If a project is made mandatory by the City, the City will attempt to subsidize the project. The assessment will be based on the increase in value of the property. He said there are always one or two people who object to a project. If someone objects to a sewer project, the City will opt to leave that homeowner out of the project. If that homeowner later petitions the City for sewer se^ice, the homeowner will have to pay the full amount for the sewer. Jabbour staled that it has been very difficult to obtain contractors that will do directional boring. Jane Delaney, 1315 Woodhill Avenue, stated she is not opposed to the project, but it will cause her undue financial hardship and she will be forced to sell her home. Jabbour assured Ms. Delaney that the Council takes her situation very seriously, but the City ’s options are limited. He said that in the past the City has tried to obtam hook-up grants for homeowners that suffer financial hardship because of a sewer project, but the assessment cannot be paid through a grant. Delaney said she understands that she is on the outside perimeter of the project and she would opt to be dropped from the project. Jabbour asked staff if Delaney could opt out of the project. Page 1 ORONO CITY COUNCIL MEETING minutes for APRIL 12,1999 (#1) PUBLIC HEARING - ORONO ORCHARDS SEWER PROJECT- Continued Gappa said a homeowner can opt out of the project if they have a conforming septic system. He does not believe there is a conforming septic system on Delaney’s property. Moorse indicated once sewer is brought to an area, property owners are not allowed to replace septic systems. They must hook up to sewer. Kelley asked why Delaney’s system is nonconforming. Gappa said it does not meet the 3 foot separation rule. Jabbour asked staffif Delaney could be dropped from the project. Delaney asked if she would be required to pay the full cost of installing sewer if she sells her home. Jabbour said that is correct. Barrett said she must put her objection in writing tonight. Gappa said Delaney has provided the written objection and he believes she has 30 days to file a formal appeal. Gappa stated that he received one more written objection from a homeowner. Jabbour restated the City’s policy on assessments. He also said that failing septic systems are not allowed to exist. (#1 A) ADOPT ORONO ORCHARDS SEWER ASSESSMENT 4262 - RESOLUTION NO. Kelley moved, Sansevere seconded, a motion to approve Resolution No. 4262 Adopting the Orono Orchards Area Sanitary Sewer Assessment Roll. VOTE: Ayes 4, Nays 0. (#1B) AWARD CONTRACT FOR ORONO ORCHARDS SEWER NO. 4263 - RESOLUTION Gappa said there were seven bidders on the project. Widmer, Inc., St. Bonifacius. Minnesota, is the lowest bidder. Sansevere moved, Flint seconded, a motion to approve Resolution No. 42W Awarding the Contract for the InstaUation of Sanitary Sewer Improvemente in the Orono Orchards Area to Widmer, Inc. in the amount of $424,713.50. VOTE; Ayes 4, Nays 0. Page 2 ORONO CITY COUNCIL MEETING minutes for APRIL 12.1999 (#2) CONSENT AGENDA Items 4,13,14,15,16,18, and 21 were added to the Consent Agenda. Flint moved, Kelley seconded, a motion to approve the Consent Agenda as amended. VOTE; Ayes 4, Nays 0. (#2a) ADDITION TO AGENDA Moorse requested that the Council amend the agenda to add item 23a. Jabbour moved, Sansevere seconded, a motion to amend the agenda to include item 23a. VOTE: Ayes 4, Nays 0. approval of minutes (*#3) REGULAR MEETING OF MARCH 22,1999 Flint moved, Kelley seconded, a motion to approve the Minutes of the Regular City Council meeting of March 22,1999, as submitted. VOTE; Ayes 4, Nays 0. PARIC COMMISSION COMMENTS - Andrew McDermott, Representative McDermott complemented the Public Works Department personnel for their efforts to eradicate the buckthorn in Casco Circle, Dickey Park and Rice Creek. He said the survey of City property at Saga Hill has begun, but it will not be finished until the property line issues are resolved. The prairie will be burned at French Creek. He said Susan Wilson helped to rebuild the duck nests at French Creek. He reminded the Council that the March for Parks is scheduled for May 2nd. McDermott commented on the Spring Hill Trail. He said the Park Commission is concerned about the location of the fence. Flint asked about the location of the fence. McDermott said the fence is just three feet off the edge of the road. Jabbour said the City should have been notified about the change in location of the fence and there should be a meeting at the site. Flint said he understood that the fence would be moved way back from the road. He does not want a certificate of occupancy issued to the Spring Hill Golf Club until the fence and trail are in the locations that were agreed upon. Jabbour asked staff to review the site. Page 3 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 PARK COMMISSION COMMENTS - Continued McDermott commented on Item #10, Bohland Development and 1025 Brown Road South. He said the Park Commission reviewed the subdivision and requested that a vegetative buffer be maintained along Willow. Jabbour informed McDermott that he and Moorse met with Hennepin Parks. It is the intention of Hennepin Parks to finish the trail into Baker Park this year. He said they talked extensively about Big Island and the possibility of a joint venture with Hennepin Parks. Kellogg said a meeting will be held on April 13 th with Hennepin Parks regarding finishing the trail. Jabbour said that the City should work with Hennepin Parks and Hennepin County to make sure that when Hennepin County upgrades Co. Rd. 6, a tunnel is constructed imder Co. Rd. 6 for the trail. McDermott said the Park Commission is considering realigning a section of the trail near Mrs. Thompson’s property where it intersects with the Luce Line trail. PLANNING COMMISSION COMMENTS None PUBLIC COMMENTS John Serena, 4605 Co. Road 6, stated that since the improvements to County Road 6 have been completed, his orchard is under vw.ter. He has notified Hennepin County and they will be looking at it to rectify the problem. ZONING ADMINISTRATOR’S REPORT (*#4) #2439 Service 800 Road Agreement - Waive Deadline Flint moved, Kelley seconded, a motion to approve extending the March 15,1999 deadline for Otten’s fee simple title acquisition to March 31,1999, and extend the deadline for Mn/DOT reconveyance approval to May 31,1999. VOTE: Ayes 4, Nays 0. Page 4 ORONO CITY COUNaL MEETING MINUTES FOR APRIL 12,1999 (U5) #2451 Lyle and Gretchen Shaw, 1780 Shadywood Road - Variances - Resolution No. 4264 Jerry Roelofs, Roelofs Remodeling & Renovation, was present. Weinberger presented the staff report. He stated the applicants have applied for variances to permit the addition of a garage and living space to the existing residence at 1780 Shadywood Road. The proposal would require variances from allowed hardcover in the 75-250 ’ setback from the Ordinary High Water Level (OHWL) of Lake Minnetonka, and to permit raising the roof of the existing house within the 0-75 ’ lakeshore setback and average lakeshore setback. Weinberger stated that the hardcover survey does not take into account a large gravel area which is used for parking and storage of trailers on the property. He stated the applicants have agreed to remove a 5’ by 5’ storage shed that exists on the property. Kelley asked if the proposed garage measures 24 ’ by 36 ’. Weinberger said the 24 ’ by 36 ’ measurement takes into account the width at the driveway, but the existing house takes up a portion of that area. The rear of the garage will be used as a stairway and utility space. Kelley asked if the garage would be 36 ’ in length. Jabbour asked if the hardcover calculation is incorrect. Weinberger said there is a large gravel area which was not included in the calculation because there was snow on the ground when the hardcover survey and site inspection were done. Jerry Roelofs said a portion of the garage space is the stairway system between the buildings. Jabbour said the hardcover calculation is inaccurate because there was snow on the ground and the surveyor did not see it. Roelofs agreed. Sansevere asked if some of the gravel could be removed to reduce hardcover. Roelofs said the applicants’ intention is to reduce hardcover to the percentage listed in the proposal. Sansevere moved, Flint seconded, to approve Application #2451,1750 Shadywood Road, and adopt RESOLUTION NO. 4264, Granting Variances to Municipal Zoning Code Section 10.22, Subdivbions 1 an 2; Section 10.56, Subdivision 16(L)(1); Section 10.56, Subdivision 16(L)(2); and Section 10.56, Subdivision 16(Q(6) with the stipulation that a drainage plan be provided and the hardcover is reduced to the percentage in the proposal. Pages ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 (U5) #2451 Lyle and Gretchen Shaw, 1780 Shadywood Road - Continued Flint said he is in favor of approving the application because the garage addition is behind the 75’ setback, it is a small lot and not having a garage would be a hardship. VOTE: Ayes 4, Nays 0. (#6) #2461 Chris Pierson, on behalf of William and Thelma Bryson, James A. R. Johnson, 650,660,670 and 680 Big Island - Subdivision Chris Pierson, Pierson & Pierson, was present. Weinberger presented the staff report. The ^plicant has proposed a lot line rearrangement and lot combination. The lots are currently three separate seasonal residences on four tax parcels that are to be combined into two parcels. Three existing cabins are located on the lots. The zoning code would not allow two principle residences to be located on one property. The Planning Commission had made a recommendation to allow the cabin to remain for a period of 30 months. The property owners are willing to file an agreement with the City assuring the cabin would be removed and it would not be used for that time. Weinberger said there is an issue with the State Building and Fire Codes which state that no buildings are allowed within three feet of a property line which is the situation that would be created by this application unless fire walls and a parapet are constructed Cities do not have the authority to vary fi-om the requirements of the State Code. He said the applicant could build the fire walls and bring the center cabin up to code in order to allow the lot line rearrangement to occur. The cabin could be removed at the time of the filing of the subdivision. Another option would be to move the property line south 1-1/2 feet. Another option would be to do nothing until the cabin is removed. Staff recommends denial of the application based on the State Building Code requirements. Chris Pierson said his clients bought the property last June from a long-time friend of the family. In the course of buying the property, the former owner asked that the cabin not be tom down. His clients have agreed to remove the cabin in 30 months. Jabbour asked if the property line could be moved 1-1/2 feet to accommodate the State code requirement. Pierson said he would have to discuss it with his clients. They would like the application approved now and they wouldn’t file the subdivision for 30 months. Jabbour said he is in favor of approving the application, but he is not willing to ignore the State Statute. Pierson said building the fire wall and parapet are not feasible. He said his clients are not willing 10 put more money into surveys. His clients are willing to enter into an agreement with the City that the cabin will be removed in 30 months. Page 6 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 (#6) #2461 Chrb Pierson, on behalf of William and Thelma Bryson, James A. R. Johnson - Continued Sansevere asked if the intent is to leave the cabin to accommodate the wishes of the previous owner. Pierson said yes, but the long-term plan is to remove the cabin. Jabbour asked staff if a preliminary subdivision can be approved, but the mylar not signed. Barrett said applicants have six months from preliminary approval to obtain final subdivision approval, but there is a provision for extensions. Jim Johnson, 650 Big Island, said nothing is changing from where it is right now and he questioned the need for a fire wall. Pierson said the intent is to simplify the arrangements regarding taxes, insurance, sewer, etc. He asked if the Council could approve the application subject to their agreement not to file it, which is how the Planning Commission approved it. Jabbour said that after the Planning Commission acted on this application, staff discovered the technical problem with the State Building Code. Jabbour asked if the Council could give preliminary approval and wait to issue final approval after the cabin is removed. John.son said he is trying to settle this matter for estate planning purposes. Barrett said this application is for a lot line rearrangement and there is no preliminary plat required. Jabbour suggested that the application be tabled. Johnson said he would agree to table it. Sansevere said he favors moving the lot line. Kelley moved, Flint seconded, a motion to table Application #2461,650-660-670-680 Big Island, Lot Line Rearrangement. VOTE: Ayes 4, Nays 0. Page? ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 (#7) #2462 David Lovelace, 220 Big Island - Variance - Resolution No. 4265 David Lovelace, applicant, was present. Jabbour said this lot does not have a place for a dock and he is concerned that the applicant will eventually ask for a dock on public land. Kelley asked what would happen if the applicant asked for a subdivision of the parcel. Jabbour said the lot would not meet the 5 acre zoning requirement. He said this is a record lot that would have been granted an automatic lot area variance in 1983. Lovelace said the original property owner did not apply for the automatic lot area variance. Jabbour said he is in favor of approving the variance, but he is not in favor of providing city docks. Lovelace said there are other land-locked lots and he knows at least one has a dock on the public right-of-way. Jabbour said the City of Orono is unaware of the dock. Gaffron reviewed the City Code concerning dock permits on public rights-of-way. Jabbour asked to review a map of the area. He commented that it shows a dock on public land. Weinberger said a dock permit was issued to one property owner as she had used the dock prior to the code amendment regarding the RS, Seasonal Recreational District.. Jabbour asked staff to identify parcels on Big Island that do not have access to the lake. Kelley asked if the roads on the island are developed and marked. Kelley said the City property should be identified in some way. Sansevere moved, Flint seconded, to approve Application #2462,220 Rig Island, and adopt RESOLUTION NO. 4265, Approving a Lot Area Variance for Record Lot No. 8 (220 Big Island) Pursuant to Ordinance No. 246, Municipal Zoning Code Section 10.31. VOTE: Ayes 4, Nays 0. Pages » ■ «» ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 (US) #2465 Robert Erickson, 364 and 372 Westlake Street - Lot Line Rearrangement - Resolution No. 4266 Kelley moved, Sansevere seconded, to approve Application #2465,364 and 372 Westlake Street, and adopt RESOLUTION NO. 4266, Approving a Subdivision of a Lot Line Rearrangement for Properties Located at 364 and 372 Westlake Street; Granting of Variances to Municipal Code Section 10.23, Subdivision 6(B) and Section 10.56, Subdivision 16(C)(6); and Closing of a Portion of Westlake Street. VOTE: Ayes 4, Nays 0. (#9) #2466 James Renckens, having an interest in 3020 Watertown Road - 2 Lot Preliminary Sub 'ivision James Renckens and John Winston, applicants, were present. Renckens said he objects to the requirement that two outlots be created. He is concerned about the availability of septic sites if the outlots are created. He said the site is rolling and high to the north, rolling in the middle and there is a wetland in the middle. The parcel is difficult to develop. He would like to build his home on the northern part of the property. There is one septic site in the northeast comer that he would like to use as a primary site and it would be eliminated by the 50’ outlot. He said the ambiance of that comer is what attracted them to the property and that would be ruined if a road is installed. He requested that the Council eliminate the requirement for the outlots. Mayor Jabbour unseated himself for this item. John Winston said his property abuts the northeastern part of the parcel. He and his neighbors oppose the 50’ outlot across the northern boundary. They are not interested in connecting Wear Lane to Crystal Creek Road. He said the original proposal for this parcel was a subdivision for five lots. This proposal is for two lots. He feels the low density is important and that the outlots are not necessary. He said they are not proposing any roadway, only a driveway corridor at the southwesterly comer of the parcel. He would like to preserve the character of this property that blends with the neighborhoods to the east and die west. He said there is property to the north that could possibly be developed. He does not feel that Mr. Renckens should have to provide access to that property by creating Outlot B. Sansevere asked staff why the outlots were made a contingency of approval. Weinberger stated that the proposal creates a front lot and a back lot situation. The subdivision ordinance does not allow a flag lot to be created. The back lot is required to have 150% of the zoning district requirements and the lot does meet those requirements. The zoning code only allows access to be granted to that property through a platted outlot. The disadvantage for the property owners in this situation is the area in the outlot does not count for the lot area as part of lot 1, although the entire outlot would be in their ownership. The Page 9 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 (#9) U2466 James RenckenSt having an interest in 3020 Watertown Road ~ Continued reason for platting the 50’ wide outlet to the north would be for a future access point for the lots to the north and for this property if it were to be divided since the lot area does exist. Sansevere asked why the outlet should be across Mr. Renckens’ property instead of the property above it. Weinberger stated that at the time the Crystal Creek subdivision was approved the outlet was platted from one side to the other. Part of the reason the outlet exists is there were some septic sites and some other issues with lot area and topography of the lots to the north. Lot 7 does not have access. There is a temporary driveway easement across Lot 6 from the temporary cul-de-sac on Crystal Creek to serve Lot 7. That was written in until the time a road is developed to gain access to Lot 7. At that time the driveway easement would be eliminated. Future planning is why the City staff and the Planning Commission have recommended the platting of an outlot. Sansevere asked if the outlot requirement was brought to Mr. Renckens’ attention by the previous owner. Renckens said he has not talked with Mrs. Stubbs. He said he was aware of the interest the City had in the outlot, but it did not appear in his due diligence to be a serious interest because the outlot didn’t seem to serve any particular benefit. He said there is access to Lot 7 and there is a potential for Mr. Carlson to acquire property to the east to gain access to his property. He said there is opposition to the outlot from the Rolling Meadows subdivision as well as the Crystal Creek subdivision. Winston explained the reduction from three lots to two lots should eliminate the need for the outlot. Renckens said 22,000 square feet of trees would have to be removed to put in a cul-de-sac or roadway across the northern portion of the property. Alan Carlson gave historical information regarding the long-range plan for the SO’ outlot. The long-range plan was to extend Crystal Creek Road to Wear Lane to form a loop and provide access to the north. He owns 30 acres to the north that would be accessed by the outlot. He reviewed previous City actions that refer to the 50’ outlot. He wants the 50’ outlot for access to his 30 acres. Flint asked how Mr. Renckens plans to gain access to the back of the lot. Renckens said he has access from Watertown Road via a 30 ’ strip that runs on the west side of the property. He has approached the Crystal Creek developers about gaining access from the private road, but he has not reached an agreement with them. Page 10 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 (U9) §2466 James Renckens, having an interest in 3020 Watertown Road - Continued Flint asked how the developers could prevent him from gaining access from the road since it abuts his property. Renckens said they can prevent it because it’s a private road. Flint asked how the City would accomplish the long-range plan if it’s a private road. Renckens said the City would have to acquire the road from the Crystal Creek Development, pay for the cost of installing the road across the northern part of his property and would have to acquire additional land if the road were to continue to the east and pay for the cost of constructing that additional road until it connects with a public road. Renckens said previous applications for subdivision of this parcel had different intent for the property than he does. His intended use of the property is to build a home on the northern part of the property so it is secluded. Kelley said he was involved in the Crystal Creek subdivision and there is no doubt that the City Council and the Plaiming Commission always viewed that Crystal Creek Road and Wear Lane would connect. He said another issue involved is the property to the east and north that v/ill someday be developed. Sansevere also questioned how the City would connect with a private road. Barrett said it is a private road. When the road was developed, the City took a public easement so that if the developers refuse access, the City can open the road for the public. Flint asked if the City could assure Mr. Renckens access to the back of his property through Crystal Creek. Barrett said that by declaring the public easement open, the City could grant access to the public over that road to the northern end of the property. Flint said that Crystal Creek is the logical access to the back of the property and he is not convinced that Mr. Renckens should have to provide the access to the east ard north. Barrett said that with this application, the City has a strong right to the outlot. Flint said that there are a number of people with common interests and if they could work something out, perhaps the City wouldn’t have to take the 50 ’ outlot. Carlson said he does not own Lots 6 and 7. Winston said that it’s true that Mr. Carlson does not own Lots 6 and 7. He said that when Mr. Carlson was able to create Lots 6 and 7 and not have the septic sites on those two lots taken Page 11 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 (#9) U2466 James Renckens, having an interest in 3020 Watertown Road- Continued away from him so he could develop the lots, he gained economic benefit from that and now he wants additional benefit from the 50’ outlot. He said that the subdivision for Crystal Creek states that the subdivider is responsible for providing legal access to the property to the north. Renckens said he does not want to lose the septic sites in the northeast comer of the property that are within the 50’ outlot area because he would not be able to put his home in the northern part of the property. Kelley said that the City ’s long-term vision at the time of the Crystal Creek subdivision was to link Crystal Creek Road with Wear lane. Sansevere asked if the expectation was to make the link across Mr. Renckens ’ property or go into the property above it. Kelloy said the intention was to take it from what is the Stubbs property. Flint said that the City has also been supportive of people that want to keep cul-de-sacs. Kelley said that is tme, but the roads are usually platted to go all the way through new subdivisions. Flint said the City has the legal right to put the roads in, but the City hasn’t because the homeowners on both sides prefer the cul-de-sacs. Kelley said that is true, but the easements are there so that if the City gets pressure from the neighbors, the roads can be made public. He said that it is good public policy to take the 50’ outlot. Sansevere asked if Mr. Renckens was aware of the 50’ outlot when he looked into acquiring the property and if he was hoping the City would override it. Renckens said he was aware of the issue with the 50’ outlot, but he didn’t think it applied in his situation. Winston said that when they reduced the subdivision from three lots to two lots, it would be a reasonable basis to eliminate the 50’ outlot. He distributed information regarding cul-de-sacs in the immediate neighborhood of the property that are not connected. Kelley reviewed the list and stated the reasons why the cul-de-sacs are not connected. Winston said the point is that there are a number of cul-de-sacs in the area that are not connected. He said cul-de-sacs are part of the character of the neighborhood and they are trying to preserve that character. Page 12 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 (#9) U2466 James Renckens, having an interest in 3020 Watertown Road - Continued Renckens said this parcel has a lot of appeal. He is concerned about the future development of the area if the outlot is made into a road. He does not want to be in a busy area. Sansevere asked about the septic alternatives if the 50 ’ outlot is created. Renckens said the septic site is in the northeast comer of the site. He said the alternative is to remove the trees in the middle of the site. The only other septic site is near the wetland. The wetland has to be extended with a ponding area which will eliminate that septic site. Kelley asked staff how access would be gained to Watertown Road if the property was subdivided further. Weinberger stated that only two residences are allowed on a shared private driveway. Access for the northerly lot would have to be via the cul-de-sac on Crystal Creek Road. Mike Hilbelink stated that none of the property owners in the area are in favor of the 50 ’ outlot except for Mr. Carlson. He said the City didn’t take the outlot at the time of the Crystal Creek Subdivision and it appears to him that the reason was to preserve septic sites and two lots for Mr. Carlson. Mr. Hilbelink feels Mr. Carlson will benefit from the outlot and the burden is being put on the person developing this parcel. He said if this parcel had already been developed at the time of the Crystal Creek Subdivision, the outlot w’ould have had to go to the north and Mr. Carlson would have lost two lots. Carlson stated that the road was put where City staff wanted it put. He was promised a 50 ’ outlot across the top of the Stubbs property and he wants it. Flint asked about Mr. Carlson creating his own problem when he sold off Lots 6 and 7 since that is what isolated his northern property. Carlson said Lots 6 and 7 were part of the entire plat and there weren’t any problems with septic sites. He again stated that he put the road where the City wanted it and he does not want to be denied access to his 30 acres. I Hilbelink said this parcel could be sold and not subdivided. If that happened, the outlot could not be created. Kelley asked if Gaffron was involved in the Crystal Creek subdivision. Gaffron said he had some involvement in the subdivision. Kelley asked what the staffs position was from a long-term planning point of view. Page 13 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 (#9) U2466 James Renckens, having an interest in 3020 Watertown Road- Continued Gaf&on said he concurred with Kelley that the long-term view was for an outlot across the northern part of the Stubbs property to connect with Wear Lane. Flint asked how Carlson would gain access to his 30 acres if this 50 ’ outlot is not available. Gaf&on said Carlson would have to provide access. The clear intent of the City back in 1991 was to continue a 50 ’ corridor across the top the Stubbs property. Steve Koehler, 35 Crystal Creek Road, said the Crystal Creek Homeowners Association objects to extending Crystal Creek Road because of increased traffic. He said there are drainage concerns as to how the water will drain into the Association’s property. He favors the flag lot concept. Sansevere asked if 50 ’ is the minimum that can be taken. Gaf&on said 50 ’ is the standard for a road serving this number of homes. Sansevere asked if today was the first Renckens heard that if the subdivision was two lots instead of three, the City would still take the 50 ’ outlot. Renckens said yes, that he had heard City staff didn’t like the length of Crystal Creek Road, that they liked the fact he was proposing to buy the property and not put in a road. He also understood that the 30’ outlot was only taken in the case of lakeshore property. Flint asked if staffs position is that the City should have both the 50 ’ and the 30’ outlets. Gaf&on said the 30’ outlet is driven by the idea that there is going to be access through or adjacent to a front lot and a back lot is b jing created by having the access there. City code does not allow the creation of a flag lot which is by definition a lot that is continuous all the way down through that narrow corridor. The code states that a flag lot cannot be created, you have to create a back lot with an outlot corridor. Flint asked if the 30’ outlot is necessary if access to the back lot is through Crystal Creek. Gaf&on said if the access is to the rear, the 30’ outlot would not be necessary. He said that in every subdivision where there is potential to connect to adjacent properties, the City would have them continue the road through their property to the next one. Kelley said that if the applicant has access from Crystal Creek, he can eliminate the 30’ outlot, move the lot line further south and make Lot 1 bigger so it could be subdivided in the future. Renckens said he could not subdivide Lot 1 to meet the subdivision code. Page 14 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 (U9) #2466 James Renckens, having an interest in 3020 Watertown Road - Continued Kelley said Renckens would not be subject to the back lot requirements if the City allows him access off Crystal Creek Road. Renckens said he would not want to have his house in the northern part of the property and have a driveway come through that accesses the center part of the property. Kelley suggested the applicant be allowed access from Crystal Creek Road so the outlet on Lot 2 would not be required. Kelley asked for the Council’s opinion on the 50’ outlet. Sansevere said he is in favor of Mr. Renckens’ proposal. Flint said he is inclined to approve the Planning Commission’s reconunendation for the 50’ outlet. Kelley said he concurs with Flint. He asked if the applicant still wants the access to Lot 1 to be from Watertown Road if the Council approves the 50’ outlet across the northern part of the property. Winston said he believes they have to have the access to Watertown Road because they can’t foist themselves on the Crystal Creek Homeowners Association. Kelley said the City Attorney could give an opinion to the Association as to what he believes the City’s position would be. Winston said he does not believe the City wants to make Crystal Creek Road a public street. Barrett said the City may not want to, but it is an option that would be available. Renckens said he can’t build a home on Lot 1 if the 50’ outlot is created. Winston asked about the number of votes necessary for action on this item. Barrett said it requires a majority vote. Kelley asked for the Council members’ opinion on the 30 ’ outlot. Sansevere said he can approve the 30 ’ outlot. Flint said he would be willing to grant a variance to the requirement for the 30 ’ outlot. Page 15 J ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 (H9) U2466 James Renckens, having an interest in 3020 Watertown Road - Continued Flint asked for Barrett’s opinion on amending the outlot requirements and grant a variance for a flag lot. Barrett said the Council can amend the resolution, create a flag lot and grant a variance. He said the variance would require two votes out of three. Flint moved, Kelley seconded, a motion to approve Application #2466,3020 Watertown Road, without the 30* outlot on the southwest corner and granting a variance to allow access to Lot 1 without the 30* outlot VOTE: Ayes 2, Nays 1. Sansevere opposed. Jabhour abstained. (#10) #2467 Bohland Development, having an interest in 1025 Brown Road South - 6 Lot Preliminary Subdivision - Resolutions 4267 and 4268 Steve Bohl, applicant, was present. Weinberger presented the staff report. He said the applicant is proposing to subdivide the property located at 1025 South Brown Road into six residential lots. Five of the lots would be served by a cul-de-sac and one lot would be served off from Brown Road. The applicant is requesting preliminary plat approval and a Conditional Use Permit to allow grading within five feet of a lot line for a driveway for Lot 1. The neighbors have agreed to the shared driveway for Lot 1. Weinberger said this is a 45-acre site located in the two-acre rural residential zoning district. Approximately 50% of the site is wetland. One back lot would be created with access by an outlot. Lots 2 through 6 would have access through Carriage Lane. A NURP pond will be constructed less than 20 ’ from a lot line. Staff does not object to this since the adjacent properties are served with sanitary sewer. Suitable septic sites have been found on all six lots. The City Engineer has reviewed the grading and drainage plans and they are acceptable. Staff recommends that the City place drainage and conservation easements over the pond and the wetlands. He said the applicant has agreed to the easements. Steve Bohl said he has submitted an application to the Minnehaha Creek Watershed District for their review. He asked if he would be able to include the 50’ x 200 ’ tax-forfeited parcel next to South Brown Road. He has a buyer for that parcel. Jabbour asked staff if a vacation hearing would be necessary. Barrett said the parcel would have to be given back to Hennepin County, offered to other public entities and then Mr. Bohl could purchase the property. Kelley said he would be in favor of the applicant obtaining the tax-forfeited property. Scott Winston stated he is the possible buyer of the tax-forfeited property. He asked about the process on obtaining the tax-forfeited parcel. Page 16 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 (UlO) #2467 Bohland Development, having an interest in 1025 Brown Road South - Continued Jabbour said the City would have to say the land is no longer needed for a public purpose. Hennepin County offered the property and the City accepted it. The City would have to give the property back to Hennepin County and the County wc ild have to start the process over again. If no public entities would want the property, it could be offered for sale in a bidding process. Jabbour asked if Winston could be given preference for the sale of the land. Gaffron said the City could place a restriction on it, that it would be for sale only to adjacent property owners. Moorse said there should be a condition that the City would get a conservation easement over the land because it is wetlatic*. Winston asked what the cost would be. Weinberger stated that the minir.ium bid is about $500. Bohl said he is concerned about the Park Commission ’s request for a 50’ strip of land along Willow. He would prefer to leave the landscaping for that area up to the future homeowners. He said he has incorporated the recommendations from the Landscape Architect to include trees along Willow Drive and up Carriage Lane. Bohl said he does not understand why he would need to offer a piece of the property to the Park Conunission when he is going to include the tree requirement and pay a $29,000 park dedication fee. Jabbour said if the City acquires a piece of land from Bohl, the value would have to be deducted out of the park dedication fee. Jabbour asked if taking the 50’ strip would affect the size of the lots. Weinberger said a park dedication of a 50’ strip would have an affect because the lots are very close to the minimum size required by the subdivision code. It would cause the loss of at least one lot. Flint asked if a conservation easement would have the same affect. Weinberger said an easement would not affect the size of the lots. Andrew McDermott said the Park Commission would prefer a conservation easement. He said the Park Commission did not realize the NURP pond would be located so close to Willow and that would satisfy some of the need in that area because it would be a natural looking area right next to the street. Kelley said if a sewer system fails and they need more land, they couldn’t go into the conservation easement for a septic site. Page 17 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 (UIO) #2467 Bohland Development, having an interest in 1025 Brown Road South Continued Jabbour said a conservation easement would require that the land be left intact. Flint said a conservation easement can be negotiated and it could incorporate the landscape plan. Kelley said he would prefer to have the park dedication fee rather than the land. McDermott said that when the Park Commission voted on it, they thought there would be a slight reduction of the park dedication fee for the land. Flint said that if the developer would rather that the City take an easement rather than the fee, then the value of the land would have to be negotiated. He said he is not convinced that an easement is needed. McDermott said the Park Conunission wants to maintain the rural look with a vegetative buffer. Jabbour asked if the Council members want the park dedication fee or the easement. Kelley said he wants the City to have the park dedication fee. Sansevere agreed. Flint said he is not convinced that the City needs an easement. Bohl said he has talked with the adjoining property owners and they have agreed to do a driveway maintenance agreement for access to Lot 1. He has met with another neighbor to resolve a property line issue. Kelley moved, Sansevere seconded, a motion to approve Application #2467, Resolution No. 4267 Granting Preliminary Approval for a Plat at 1025 Brown Road South with the park dedication fee to be paid in cash. VOTE: Ayes 4, Nays 0. Kelley moved, Sansevere seconded, a motion to approve Application #2467, Resolution No. 4268 Granting a Conditional Use Permit Per Municipal Zoning Code Section 10.03, Subdivision 19-21. VOTE: Ayes 4, Nays 0. Page 18 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 (#11) #2471 Independent School District #278,685 Old Crystal Bay Road North Jay Pomeroy, AJA, Inc., Neal Lawson, Assistcjit Superintendent, and Scott McQueen, Wold Architects, were present. Weinberger presented the staff report. He stated that the Orono School District has applied for a Conditional Use Permit for the construction of a new middle school. They have ^so applied for a Conditional Use Permit Amendment and Variances in order to allow a parking lot to be located within the front yard setback across the street at the High School. The Conditional Use Permit to construct the new middle school would be to serve 675 students. The site is currently divided into four parcels with an outlot that goes down the center of the property. The Planning Commissio.' and staff recommend that the outlot be vacated as it is part of the school district’s property. He said the parking would be located in the front with a drive for picking students up. There is an additional parking area that would be used for bus loading and unloading. He said the parking is sufficient for the size of the school. He said there is an issue with the slope of the parking lot. The School District proposes a 5% slope, but the Public Services Director and the City ’s landscape architect consultant recommend 4%. The 5% slope does meet the requirements for parking lots and it meets the requirements of the Americans for Disabilities Act. Weinberger said the City Council needs to review the lighting plan and discuss the height for the lighting standards, the cutoff angle and the amount of illumination measured in foot- candles. He said the School is proposing 35 ’ poles. Shorter poles may not provide the necessary coverage. Weinberger said the applicant has not provided a signage plan. The height of the school is an issue. He said the zoning code allows a 30 ’ tall structure. The new middle school measures 42’ in height, so it would require a variance for building height. Weinberger said there is an issue with pedestrian traffic because the gymnasium will be located in the middle school and students will be crossing Old Cr>’stal Bay Road. Staff and the Planning Commission have recommended the installation of a pedestrian crossing light. Weinberger stated that the site is located within the MUSA. The sewer and water connection charge would be $9,310 per unit with a sewer availability charge of another $ 1,050 per unit. There would be standard drainage and conservation easements taken over those areas on the property as well as a 20 ’ utility easement near a future water main extension. Weinberger said the City Council will need to discuss the need for a letter of credit at 150% for the site improvements such as utilities, landscaping, and other issues. He stated that the Planning Commission and staff recommend approval of the plan. Jabbour stated he does not feel a letter of credit is appropriate. Kelley said he feels the School District should provide a letter of credit. Page 19 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 (#11) #2471 Independent School District #278 - Continued Flint asked if there is precedence where the City does not ask for a letter of credit. Gaffron said the City did not require a letter of credit for the School District’s last major project. He said when the ice arena was built, there was no letter of credit and there should have been one for landscaping. Sansevere said he does not have a strong opinion regarding the letter of credit. Kelley said he is concerned about the landscaping being finished. Jabbour explained the Council ’s concern that the issues being discussed and agreed upon are prioritized and done to the City ’s standards. Kelley asked what the School District is budgeting for landscaping. McQueen said that the grading and paving project will precede the building project so all the landscaping will be bid prior to the building itself. He estimates $35,000-540,000. Lawson said the School Board and Administration appreciate landscaping. He said the site work will be done before the building and the contractors will have to be bonded. He does not want to provide a letter of credit. Jabbour said he just wants to make sure the landscaping funds don ’t get reallocated to another part of the project. Flint said he is in favor of the letter of credit for the landscaping. Jabbour said he understands what the School District is trying to do with the lights by moving them to the outside perimeter of the parking lot. He does not want any light spillage. Kelley asked about the height of the existing lights in the High School parking lot. Pomeroy said he has not reviewed the height of the existing lights. Kelley said lighting is very important because the property to the east will be residential and he assumes the lights will be left on all night. Pomeroy said the lights will be fitted with an electric eye and timer. McQueen explained that the lighting is designed so there will only be a half-foot candle power at the edge of the property. He said they did look at shorter poles, but there would be dark spots in the parking lot. He said with a lot this size, a taller pole is necessary for even lighting. Page 20 1 4 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 (Ull) U2471 Independent School District #278 - Continued Kelley asked how high the optimal pole would be without going as high as 35 feet. McQueen explained that with more even lighting, less glare occurs. It would be a mistake to put up one large pole to deal with a large area. He reviewed the lighting plan and explained the directional fixtures. With the directional fixtures, only the paved area will be lit. Jabbour said they are proposing box lights so you cannot concentrate on the height of the light. The direction of the light, the lens in front of the light and the reflector are what determine where the light goes. Kelley asked where he could look at the proposed lights where they are actually in use. Pomeroy said he would provide examples for Kelley. Jabbour said there are computer models available that will demonstrate light spillage based on the configuration of the light. Lawson said the lights are engineered to cover the lot from the perimeter to the mid point of the parking lot. If lights are located in the middle of the lot, the ease and efficiency of bus loading and unloading is reduced. Kelley asked if the School District would be amenable to a condition that the athletic fields to the east would not be lighted at any future date. McQueen said the application states there is no lighting for those fields, but he does not think they can tie future School Boards to that requirement. Kelley said he wants to make sure the school will have to have City Council approval to light the fields to the east. Sansevere said he would like to make sure if the athletic fields have lights, that they are not left on all night. Jabbour asked if the Council should address the grade of the parking lot. McQueen explained that the 5% grade is in one small area. He also explained that in order to reduce the 5% grade in this area, the grade would have to be increased in another area. Pomeroy explained the drop in grade and that sometimes it is not possible to achieve less grade. Kelley said he can approve the 5% grade. Page 21 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 (Ull) #2471 Independent School District #278 - Continued Gappa said he does not have a problem with the 5% grade. He is satisfied with the applicant's explanation. Sansevere agreed. Flint asked where the trail will run. Pomeroy said that Hennepin Parks will be developing the sidewalk along the east side of Old Crystal Bay Road and the school will T off from the sidewalk in a couple of different spots. Kelley asked if the curbing on the east side of Old Crystal Bay Road will be an urban section or rural section. Pomeroy said they will not touch anything on Old Crystal Bay Road. Kelley asked how much grass there would be between the trail and the curb for the parking lot Kellogg said there would be 20 to 25 feet. Lawson questioned the need for an easement for the trail since the Board had approved the trail almost a year ago. Kellogg said staff wanted to make sure it was shown on the plat. Kelley asked how far the trail will be from the end of the shoulder of the road. Kellogg said at least ten feet. Kelley asked how the school will direct the students to cross the road at a designated point. Pomeroy explained the pedestrian traffic at the high school and how the landscaping will be used to influence pedestrian traffic. McQueen said there are two peak times during the day which are the loading and unloading of the building. He does not think pedestrians will voluntarily walk through the drop off lane, through the parking lot, through the ditch and then cross the road. Kelley said he believes there will be a problem outside of school hours when students and parents are crossing back and forth for activities. Sansevere asked if the gym will be used as a varsity gym. Page 22 I ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 (#H) U2471 Independent School District §278 - Continued Lawson said it will be a second varsity gym. Sansevere said students will come out the cafeteria and side doors and cut across on foot because it will be the quickest route to the new gym. Jabbour asked how the City can make sure the crossing is safe. Sansevere asked if there would be a light that could stop traffic for pedestrians. Gappa said he does not believe it would meet the warrants for a stop light. The resolution requires a traffic study to verify it. If it does not meet the warrants for a stop light, the other option is a flashing yellow light operated by a push button or timer. Sansevere asked if the sight lines are good on Old Crystal Bay Road in front of the middle school. Pomeroy said the whole design was predicated on the location of the best sight line for crossing Old Crystal Bay Road. Kelley asked about the design of the signs and where they will be placed. Jabbour asked if there will be informational signs on the highway directing people to the school. Gappa said the signs would have to met Mn/DOT’s requirements, Kelley said he would like the signs to have a rural character. Lawson said there will be signing on the campus to direct internal traffic. They do not have a sign plan yet, but he believes they will need a variance for signage. Kelley asked Lawson if they are aware of any other issues that will need a variarice. Lawson said no. Weinberger explained that the High School will need a Conditional Use Permit Amendment and variance to allow the parking area at the High School to be located within the 50 ’ front yard setback. It would be located 40 ’ from the property line. Jabbour questioned the change in the height of the middle school. Gappa said it is two feet higher than the original proposal. Page 23 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 (#11) #2471 Independent School District #278 - Continued Jabbour said he can approve the height variance. Lawson said he would like to discuss some issues concerning the middle school. He referred to page 4 of the resolution, the last paragraph, which requires the light fixtures to be located in islands. The school recommends poured cement pillars rather than islands. Jabbour asked if staff objected. There were no objections. McQueen said the maximum grade should be changed to 5% on page 4. Lawson referred to page 5, #5. The floor area should be approximately 118,000 square feet and the building footprint should be approximately 76,000 square feet. Lawson referred to page 5, #6 regarding the lighting. He asked what should be filled in. Jabbour said his impression is that the Council would be satisfied with directional lighting aimed 100% down with no spillage. It would be acceptable, even if the poles are 35* high, to alleviate any potential blockage in the parking lot and to facilitate vehicle movement. He directed staff to draft the appropriate language. Lawson referred to page 6, paragraph F which requires a Landscape Master Plan to be phased over several years. Pomeroy said this paragraph appears to be an excerpt from the Landscape Architects comments and they would like to know the Council’s position. Jabbour suggested changing paragraph F to read that the City, after viewing the final landscaping, may request additional plantings. McQueen said paragraphs C, D, E & F are above and beyond the landscape plan that the school submitted. Lawson referred to page 8, #12. He asked if the 50 ’ is a minimum or maximum distance from the walls of the building. Kellogg said it is a minimum of 50 ’. Lawson referred to page 8, the legal documents required prior to building permit approval. McQueen said that #17, #18 and #19 would be difficult to determine ahead of time. Gaffron suggested the documents be required prior to issuing a certificate of occupancy rather than building permit approval. Page 24 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 (#11) #2471 Independent School District #278 - Continued Lawson referred to page 9, #23 regarding the letter of credit and said it would need to be changed. Pomeroy referred to page 9, #26 which requires a land alteration permit to move 14,000 cubic yards of fill. He said they won’t bring in fill, but will move the fill around within the site. Weinberger asked if there is a breakdown on each site that will show the amount of fill that will be moved. Pomeroy said yes. Barrett said there is a requirement to legally combine the lots into one tax parcel and to vacate the City’s easement over Outlot A. Lawson pointed out that this is stated in the resolution. Lawson referred to the resolution regarding the High School, page 3, paragraphs B and C. McQueen said they plan to do the landscaping described in paragraphs B and C, but they don’t feel it needs to be in the resolution. Jabbour said he would like to keep the language in paragraphs B and C in the resolution. Lawson referred to page 3, paragraph B, the last sentence requiring them to make every effort to relocate the existing 10-16 inch ash trees. McQueen said the success in moving 10-16 inch trees is very low. The statement “make every effort’’ is too broad. Kelley asked where the trees are located. McQueen said they would be in front of the building. Kelley asked if the trees would be removed. McQueen said those trees would be removed and replaced. Kelley asked if there will be trees along the boulevard on both sides of Crystal Bay Road. McQueen said the ash trees along the boulevard will not be removed. He said it would be very costly to relocate the ash trees fi'om in firont of the building and they would not have a good survival rate because of the time of year when they would be relocated. He said they are planning to relocate many of the 6 ’’-10’’ trees because they have a better chance of survival. Jabbour agreed to strike the last sentence of paragraph B on page 3. Lawson asked if paragraph 2 on page 4 regarding the lighting would be reworded. Page 25 I ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 (Ull) #2471 Independent School District #278 - Continued Jabbour said that is correct. Kelley asked if the lighting at the High School will be changed. Lawson said they could take a look at the lighting at the High School and see what it would cost. Kelley said he would like the lighting in both parking lots to be the same. Jabbour complemented the school district staff and the City staff on their cooperation to work out the issues. Lawson thanked the City Council. Moorse suggested a condition that would allow the City to review the project in several years to make sure everything is working. Jabbour stated the time period for review should be four years. (#11 A) Conditional Use Permit for Middle School at 800 Old Crystal Bay Road North - Resolution No. 4269. Kelley moved, Flint seconded, a motion to approve Application #2471, Independent Orono School District #278, and adopt RESOLUTION NO. 4269, Granting a Conditional Use Permit for Middle School at 800 Old Crystal Bay Road North for Orono Independent School District #278 per Municipal Zoning Code Section 10.28, Subd. 3 and Section 10.03, Subd. 19-21, and Granting a Height Limit Variance from 30 ’ to 42*, subject to the agreed upon modifications and review in four years. VOTE: Ayes 4, Nays 0. (#11B) Variance and Conditional Use Permit Amendment for Orono High School - 795 Old Crystal Bay Road North - Resolution No. 4270. Kelley moved, Sansevere seconded, a motion to approve Application #2471, Independent Orono School District #278, High School, and adopt RESOLUTION NO. 4270, Granting Variances and a Conditional Use Permit Amendment to Municipal Zoning Code Section 10.28, Subdivbions 3 and 5, and a Conditional Use Permit for Land Alteration, Section 10.03, Subd. 19-21, subject to the agreed upon modifications and review in four years. VOTE: Ayes 4, Nays 0. Recess, 11:20 p.m. -11:25 p.m. Page 26 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 (*#24) LICENSES Kelley moved, Sansevere seconded, a motion to add Item #24 to the consent agenda. VOTE; Ayes 4, Nays 0. (#12) Authorization to Hold Public Hearing for Woodhill Country Club Conditional use Permit at a Special Council Meeting Kelley removed himself and will abstain. Gaffron presented the staff report. He said that the Woodhill Country Club will be applying for a Conditional use Permit requesting approval for access to the Club via Woodhill Avenue. In order for the public hearing to be held at the Council level rather than the Planning Commission level, the Council must unanimously waive referral of the application to the Planning Commission. He said that the public hearing would be held in front of the Council in early May. The possible dates are May 4, May 6 and May 11. Shelly Storch, 1245 Woodhill Avenue, stated her concern that by bypassing the Planning Commission, zoning and safety issues will not be addressed. Barrett said that the sole purpose of the waiver is to allow a single hearing to be held rather than two. It does not preclude or decide any substantive issue with respect to zoning or safety or any other matter which may be relevant to the application. He said the form of the hearing has not been completely worked out, but it is the intention of the staff to provide a full and complete hearing, which is why the Council is being asked to schedule it on a separate day. Storch said she is concerned that zoning, safety, and drainage issues are not bypassed. Jabbour said it will be a full conditional use permit hearing. He said that the issue is in litigation and the Planning Commission does not have the privilege of having the City Attorney at their meetings, and it would be better for the City to have the public hearing at the Cotmcil level. Storch asked about the normal notice period to residents for Council meetings. Gaffron confirmed there is a ten-day required published notice as well as a ten-day required mailed notice to property owners within 350 feet of the property boundaries. He said Woodhill Country Club has been asked to expand their list to include additional properties within 350 feet of Woodhill Avenue. Storch said May 6 is a bad date for her. Sansevere asked if May 4th would be a problem for the residents. Page 27 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 (#12) Authorization to Hold Public Hearing for Woodhiil Country Ciub - Continued Jabbour said he would like to choose two days because Council Member Peterson must be present for the public hearing. Delaney said there are residents on Orono Orchard Road that were very interested in what the outcome of this matter was going to be last year. She said the residents have not heard anything about this matter and it has not been talked about in a public forum. She feels this isn’t just an issue for people that live on Woodhiil. Jabbour said nothing has happened. Delaney said she feels they need more time so more people can be notified. Jabbour said the Council has to follow the ordinance. He said there has been no action on this matter except for the lawsuit. The public hearing will have to be scheduled as soon as possible if the Woodhiil Country Club applies for the Conditional Use Permit. Charles Maile, 1260 Woodhiil Avenue, said that the Woodhiil Country Club has been preparing to go to trial with this issue over the past few months and they have had many months to maximize their preparedness for the public hearing while the neighbors will have much less time and money to prepare. He said the later the public hearing is held, the more time the neighbors will have to prepare for the hearing. He said it will take time to notify and organize the neighbors. Jabbour said the State Statute requires the City to act on the application within 60 days from the day the application is made. The longer the time between the application and the day of the public hearing, the less time the City has to contemplate the outcome of the public hearing. Storch said the Woodhiil Country Club has changed the issues markedly since last year and the neighbors need time to prepare. She believes that 30 days is sufficient time to notify the neighbors. She is concerned because she understands that the lawsuit has not been dismissed and if the Woodhiil Country Club gets what they want from the City, they will dismiss the lawsuit. If they don’t get what they want, they will proceed to trial. She fears that the Council’s incentive at the public hearing will be to get the lawsuit dropped. Jabbour said it is the Council’s fiduciary responsibility to try to work with every resident of the community. He said the Woodhiil Country Club is a corporate citizen of the community and they have full rights to do whatever they wish to do through the judicial system. He said the City begged them to submit an application. Jabbour suggested scheduling the public hearing for May 1 1th if Ms. Peterson is available and May 4th will be the alternate date. Page 28 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 (#12) Authorization to Hold Public Hearing for Woodhill Country Club - Continued Gaffron said he is concerned about the City meeting the legal notice deadlines for the newspaper. In order for the hearing to be held on May 4th, the notice will have to be to the newspaper by April 20th. Sanscvere asked if Peterson can be contacted. Moorse said staff will assume that the Council has set the date of the hearing for May 11th. If that day is fine with Peterson, the hearing will be held May 11th. If the 11th does not work for Peterson, the hearing will be scheduled for May 4th. Sansevere asked what time the meeting will start. Jabbour suggested 7:00 p.m. Flint moved, Sansevere seconded, a motion to waive referral of the Woodhill Conditional Use Permit application to the Planning Commission, and establish May 11, 1999 as the date for a public hearing to be held by the Council on thb application with May 4,1999 as an alternate date. VOTE: Ayes 3, Nays 0. Kelley abstained. « MAYOR/COUNCIL REPORT Jabbour requested that staff draft a letter to Representative Oberstar indicating the City’s opposition to an access ramp on new Highway 12 at Willow Drive. Flint said that there has been some interest generated with Representative Oberstar by the people who favor the exit at Willow and the Council would like a letter sent to Representative Oberstar telling him that the Council opposes it. Kelley said at one time the City had a landscaping plan for the west side of the public works building. He wants some pine trees planted on the west side of the building. ENGINEER REPORT (*#13) REQUEST FOR PAYMENT #2 - LIFT STATION #13 REHABILITATION Flint moved, Kelley seconded, a motion to approve Request for Payment #2, to GHT Construction, Delano, MN in the amount of $36,601.33. VOTE: Ayes 4, Nays 0. Page 29 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 (*#14) REQUEST FOR PAYMENT #6 - NAVARRE WATER PLANT REHABILITATION Flint moved, Kelley seconded, a motion to approve Request for Payment #6, to Shank Constructors, Brooklyn Park, MN in the amount of $135,657.00. VOTE: Ayes 4, Nays 0. (*#15) CHANGE ORDER #2 - NAVARRE WATER PLANT REHABILITATION Flint moved, Kelley seconded, a motion to approve Change Order #2 in the amount of $6,000 for pressure grouting of the concrete floor slab in the Navarre water treatment plant. VOTE: Ayes 4, Nays 0. CITY ADMINISTRATOR’S REPORT (*#16) HAMM SEWER REQUEST - RESOLUTION NO. 4271 Flint moved, Kelley seconded, a motion to approve Resolution No. 4271 including findings and conditions for Granting Approval for Sewer Connection for Property Located at 465-485 Orono Orchard Road South. VOTE: Ayes 4, Nays 0. (#17) APPOINTMENT OF A CITY CONTACT PERSON TO THE ORONO SCHOOL DISTRICT’S HEALTHY COMMUNITIES/HEALTHY YOUTH PROGRAM. Flint asked if the .City could advertise for a volunteer to serve as the contact person. Moorse said he believes they are looking for a Council member to be the contact person. Sansevere said he is willing to be the contact person. Jabbour moved, Kelley seconded, a motion to appoint Bob Sansevere to be the City’s Contact Person to the Orono School District’s Health Communities/Healthy Youth Program. VOTE: 4, Nays 0. (*#18) RESIGNATION OF JAMIE GEMAR, SECRETARY Flint moved, Kelley seconded, a motion to accept the resignation of Jamie Gemar effective April 2,1999. VOTE: Ayes 4, Nays 0. Page 30 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 (#19) UPDATE OF NEW AREA CODE OPTIONS Moorse said he is looking for direction from the Council regarding the new area code options. The Suburban Rate Authority is proposing to split the western suburban area into two area codes along I-394/Hwy. 12. If the split were to strictly follow I-394/Hwy. 12, it would divide Orono, Long Lake and several other cities. He said the Council may want to indicate general support for the north/south split of the western suburban area, but indicate that the split must occur along City boundaries. Jabbour said he feels the split should occur along the City boundaries. Flint and Sansevere concurred. (#20) SCHEDULING INFORMATIONAL OPEN HOUSES REGARDING COMPREHENSIVE PLAN Moorse said that at its April 8,1999 work session, the City Council discussed scheduling two informational open houses regarding the update of the City’s Comprehensive Plan. These open houses are to be scheduled in early to mid-May, with one to be held at the Gray Freshwater Center. Staff is recommending that the first open house be held at the Orono High School Cafeteria to ensure sufficient space to accommodate what could potentially be a large turnout. Flint said he is not avails’ le on Tuesday evenings. Sansevere said he is not available on Thursday evenings. Jabbour suggested Thursday, May 6 and Thursday, May 20. (*#21) RESIGNATION OF ELIZABETH VAN ZOMEREN, PLANNER/ZONING ADMINISTRATOR Flint moved, Kelley seconded, a motion to accept the resignation of Elizabeth Van Zomeren effective April 9,1999. VOTE: Ayes 4, Nays 0. (#22) MINNESOTA RULES AMENDMENTS RELATED TO SEPTIC SYSTEMS (JANUARY 1996 TO MARCH 1999) Steve Weckman prepared a memo to the Council regarding Minnesota Rule Amendments Related to Septic Systems. In his memo, Weckman said the Ororo Municipal Code must be revised to reflect the changes to the Minnesota Rules Chapter 7080. He will be preparing revisions to Section 12.30 of the Orono Municipal Code during the next month. Flint said he talked to Weckman and the reason the Code has not been changed is because the rules have continually changed. Page 3 1 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 (#22) MINNESOTA RULES AMENDMENTS RELATED TO SEPTIC SYSTEMS Continued Jabbour said he is concerned because the City has adopted a standard that is substantially different from the State Statute. Gaffron said the City Ordinance needs to change to be in conformance with the State Statute. (#23) INVESTMENT REPORT The investment report for the year ended December 31, 1998 was submitted for the Council’s information. (#23a) KING’S COVE MARINA, 1449 SHORELINE DRIVE - REQUEST FOR TEMPORARY ABOVE-GROi^ND GASOLINE TANK Gaffron presented the staff report. He stated the King ’s Cove Marina has requested a permit for a temporary above-ground gasoline storage tank. The intended use is to fuel new boats being sold at the property. They don’t intend to sell fuel to the public. He said that the B-2 zoning does not ^low a^ve-ground fuel tanks. He said there are some setback and hardcover issues. He said that King ’s Cove has made a request that is going to require variances and is very likely going to require a change to the code that disallows above-ground tanks in the B- 2. He asked if the Council would refer the application to the Planning Commission for a Commercial Site Plan review and direct staff to investigate whether above-ground tanks would or would not be appropriate in the B-2. Jabbour asked if Gaffron has informed King ’s Cove Marina of the requirements reg:yding above-ground tanks. Gaffron said he has not. Kelley asked if they are operating under a Conditional Use Permit. Gaffron said no, the marina is a permitted use in the B-2 zone and fuel sales is a permitted use. They don’t intend to sell fuel and the code does not address fuel storage on the site absent fuel sales. Kelley asked if they need a permit to bring a truck in to fill boats. Gaffron said they don’t need a permit, but he has not reviewed whether it is against the law for them to do it. Jabbour said both the fire Marshal and MPCA prohibit delivery of any class 1,2 or 3 fuel except for certified containers, meaning a certified gas tank. A tanker cannot be used to fuel a car or anything else. They make special provisions for boats and aircraft if the tanker is a gas Page 32 \ ORONO CITY COUNCIL MLiiTING MINUTES FOR APRIL 12,1999 (U23a) KING'S COVE MARINA, 1449 SHORELINE DRIVE ~ Continued dispensing tanker. He said he is a strong proponent for above-ground tanks, but there are strict requirements. Kelley said he is not in favor of them pumping gas. Sansevere asked how long they have been doing it. He asked if it is a violation to have the tanker come in and pump gas. Jabbour said it is a major violation. Kelley gave some historical information regarding the property. He said it’s his opinion that if they are allowed to pump gas, it would escalate the use of a minimal piece of property. Jabbour said the above-ground tank would reduce their available parking or add to their hardcover. Gafhron asked whether or not the Council wants to consider the issue of above-ground tanks in the B-2 and whether or not they want to accept an application for all the zoning issues they have been discussing. If the Council does not want to investigate above-ground tanks in the B-2, there is no point in doing the zoning application. Kelley said he is in favor of above-ground tanks as a general policy. Flint said he prefers above-ground tanks to below-ground tanks. CITY ATTORNEY’S REPORT None. Kelley moved, Sansevere seconded, a motion to approve the following licenses. VOTE: Ayes 4, Nays 0. SPECIAL EVENT PERMITS MSP Communications/Minneapolis St. Paul Magazine ASID Showcase Home 1999 Preview Event 1535 Bohn’s Point Road May 14,1999,7:00 p.m. -11:00 p.m. Page 33 « • ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 (*»24) LICENSES - Continued MSP Communications/Minneapolis St. Paul Magazine ASID Showcase Home 1999 Tour 1535 Bohn’s Point Road May 15 - June 6,1999 Minnetonka Bass Club Fishing Contest Departing from Maxwell Bay and North Arm Access June 5,1999,6:30 a.m. - 7:30 a.m. March for Parks Walk/Bike Departing from Orono City Hall to Bike Trail to Luce Line Trail east and west May 2,1999,11:30 a.m. - 3:30 p.m. RESIDENTIAL KENNEL LICENSE Carol G. Brooks 980 West Femdale Road Tris Klohn 4455 North Shore Drive John T. Redmond 2695 Casco Point Road (*#25) BILLS Flint moved, Kelley seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. ADJOURNMENT Flint moved, Kelley seconded, a motion to adjourn the meeting at 12:30 p.m. VOTE: Ayes 4, Nays 0. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Page 34 jT COUNCIL MEETING TOWNLINE ROAD INFORMATIONAL MEETIN^P^ 2 6 1999 MINUTES FOR APRIL 12, 1999 ■CilY Ul" t ihoivyj The following Council members were present: Mayor Gabriel Jabbour, Charles Keiley, Bob Sansevere, and Richard Flint. Representing Staff were City Administrator Ron Moorse, Senior Planning Coordinator Michael Gaffron, Assistant Zoning Administrator Paul Weinberger, City Engineer Tom Kellogg, Director of Public Services Greg Gappa, and Recorder Lanette Wolf. Mayor Jabbour called the meeting to order at 6:00 p.m. Jabbour stated that the mayors of Maple Plain, Independence and Medina were present. He said the purpose of this meeting is to discuss Mn/DOT’s proposal to close Townline Road at Highway 12. He said the first proposal was to move County Road 19 to Townline Road and to install a stop light. Because of the expense affiliated with the bridge and the railroad, that proposal was not feasible. Tom O’Keefe, representing Mn/DOT, was present. Jabbour said that Townline Road runs through Orono, Maple Plain, Independence and Medina. He said that a major concern is how emergency vehicles would get to Towiiline Road if there is a cul-de-sac. He said that the City of Maple Plain is planning to run water to the cul-de-sac and the commercial property that will be rezoned to residential property located in Medina. Medina is planning to run a sewer system to the property. He said that Mn/DOT will not take any action until the City of Orono takes a position regarding closing the intersection with Highway 12. Jabbour said that Townline Road is not a major road to Orono, it is a neighborhood road. He said the Council wants input from the citizens of Orono. Martha Diesen said she has been told for years that County Road 19 would be moved to Townline Road. She asked how emergency vehicles would get through. Jabbour said that Orono has had similar issues with other roads. One suggestion is to build the curb low enough around the cul-de-sac so a vehicle could drive over it. Roger Diesen said Townline Road is not built for heav>- traffic. He feels it would be a major expense to upgrade it for County Road #19. He does not believe a surmountable curb will work for emergency vehicles. He would like the road left as it is with some repair done. He said the road can be widened and a signal put at the intersection. Emergency vehicles will need access, especially with the proposed residential development. Jabbour asked O’Keefe to explain Mn/DOT’s position regarding installing a stop light and keeping the status quo. O’Keefe said that the access under the railroad bridge is too narrow and it’s at the wrong skew for an intersection and turn lanes can’t be installed. He said it would make a bad situation worse if they signalize the intersection. Diesen said he feels the road can be widened a little bit and a signal put in. He is opposed to putting in the cul-de-sac. t Page 1 r TOWNLINE ROAD INFORMATIONAL MEETBVG MINUTES FOR APRIL 12, 1999 Kelley said that if emergency vehicle access is the primary reason for leaving it open, allow a right-turn only going eastbound and don’t allow anyone to exit from Townline Road onto Highway 12. The fire trucks coming from Maple Plain would be allowed to take the right turn. Another person suggested leaving the intersection as it is, but prohibit any left-hand turns. Sansevere asked how many of the people attending the meeting would like to see the cul-de- sac installed. Two people raised their hands. Dave Jellison, 4750 Creekwood Trail, Maple Plain, said that Townline Road is a very convenient road and he does not want it closed. Jabbour said if Townline Road is cul-de-saced and County Road 19 is moved to Townline Road at a later time, it will have a major impact on the residents in that area. A resident said he wants the cul-de-sac because he would like less traffic. If it does remain open, he would like to see it upgraded to County Road 19. Sue Jellison asked who will be responsible for the maintenance of the road. She is concerned about the increase in homes with future development. Jabbour said the cities will have to maintain the road. Jane Slaughter, Highway 12, said she may have to use Townline Road in the future. She is in favor of closing the access because her understanding is that it will change the zoning of the property to residential from conmiercial. Mike Gorman said he is against putting in the cul-de-sac because it will increase traffic on Broadmoor. John Ferris, Mayor of Medina, said the property has not been rezoned and the rezoning is not conditioned on whether or not the cul-de-sac is put in. Jabbour asked if it would be fair to say that nothing will happen with the property if Maple Plain does not run water to the site. It was indicated that the intersection is very dangerous and a light is needed, but the problem with Townline Road is that it is not a square intersection, it is too narrow and changing the bridge is not feasible. Martha Diesen asked how big the property is and how many homes would be built because the minimum lot size in Orono is 5 acres. Page 2 TOWNLINE ROAD INFORMATIONAL MEETING MINUTES FOR APRIL 12, 1999 Jabbour said the property is not located in Orono. John Ferris, Mayor of Medina, said that it would be 3/4-acre zoning and 16 or 17 homes could be built. If water and sewer are not installed by the cities, then five-acre zoning would apply. Dave Jellison asked which city the new homes would be located in. Jabbour said Medina. He said Medina will be furnishing sewer and Maple Plain will be furnishing water. Jim Smith, 4972 Broadmoor, said he is concerned that Broadmoor will be used as a short cut. He is concerned about safety at the Highway 12 intersection and he favors the one-way in or one-way out, but leave it open. Carol Neyens, 4850 Broadmoor, said that Townline Road needs to be upgraded if more development occurs. Sansevere asked if there are any other options, such as the one-way turns, that Mn/DOT would consider in lieu of the cul-de-sac. O’Keefe said the only option other than the cul-de-sac is to leave it open and spend $6,000,000 to reconstruct the railroad bridge and upgrade the intersection. Neither Mn/Dot nor the County is willing to spend that much money. That option would require relocating County Road 19 onto Townline Road. He said Mn/DOT cannot just leave the connection in place as it is because it is part of the problem that exists on Highway 12. Townline Road is narrow, it approaches at the wrong angle, it doesn’t line up, and turn lanes can’t be set up either into it or out of it. If County Road 19 is moved onto Townline Road, it becomes a much better north/south connection through Hennepin County. He said that intersection is ranked #3 on the list of unsignalized intersections in terms of accidents in the metropolitan area. Mn/DOT is not willing to pay for upgrading the road. O’Keefe said local trips should be kept off the trunk highways. John Ferris, Mayor of Medina, requested that Orono make a decision, either to recommend it, not recommend, or not to have an opinion. Sansevere asked if the cul-de-sac would be put in regardless of what the City of Orono wants. Jack Vigoren, Mayor of Maple Plain, said it costs $165,000 to get the water up there and their city will not pay for it. They have asked Mn/DOT, under a cooperative agreement, to give them the money. It will be funded if the four cities agree. Sansevere said he thought the water for the development had nothing to do with the cul-de- sac. Page 3 TOWNLINE ROAD INFORMATIONAL MEETING MINUTES FOR APRIL 12,1999 Jabbour said that if Orono objects to the project, Mn/DOT will not participate in the project. O’Keefe said Mn/DOT would like some kind of reaction from the City. Jabbour asked if Mn/DOT will go ahead with the project if Orono objects to it. O’Keefe said it probably would not be done this summer, but it would be pursued with a more formal public involvement can»paign. Jabbour asked if there are other vehicles available to Mn/DOT to force this project on the City of Orono. O’Keefe said yes. Kelley said there has not been enough planning done on the concept and he cannot take a position at this time. The resident who lives at the comer of Watertown Road and Townline asked about the feasibility of a temporary semaphore at Townline and Highway 12 to see if that works. O’Keefe said that the cost of a temporary semaphore is the same as a permanent signal. That option would also require turn lanes. Jabbour said he concurs with Kelley. He wants more detail before taking any action. He is concerned about the lack of input from the City of Independence being taken as consent. Jack Vigoren said the issue about the intersection is safety. He would like a light at the intersection as soon as possible. Slaughter, Highway 12, said he works in Hamel and travels Highway 12 and County Road 19. He is concerned about safety and wants a stop light at the intersection. Meeting adjourned at 6:50 p.m. ATTEST: Linda S. Vee, Ci.y Clerk Gabriel Jabbour, Mayor Page 4 •COUNCIL MEETING APR 2 6 1999 To:Orono City Council CITY Oh UnUivo From:Lili McMillan. LMCD representative Date:April 20. 1999 Subject:LMCD Update Attachments for your review: 1. Excerpts from the 1998 Financial Report -contains results of last year's spending for discussion •this statement will be reviewed with the auditor at the next board meeting 2. Possible article for the Orono newsletter ■this is my attempt at fomiulating a concise list of lawn care practices that will directly benefit the health of our watershed. •it is intended to create public awzu-eness by addressing the issue of managing runoff from individual properties. i I LAKE MINNETONKA CONSERVATION DISTRICT COMBINED STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE ALL GOVERNMENTAL FUND TYPES YEAR ENDED DECEMBER 31,1998 (With comparative totals for the year ended December 31, 1997) (D Special Totals (Memorandum OnM See Notes to Financial Statements.-5- General Revenue 1998 1997 REVENUE Revenue from membership dues $ 109,640 $ 64,500 $ 174,140 $ 145,200 Revenue from public agencies -23,854 23,854 23,854 Revenue from state sources 6,695 -6,695 - Licenses and permits 102,036 -102,036 107,678 Fines and forfeits 48,684 -48,684 46,901 Contributions and donations -29,458 29,458 33,215 Interest on investments 5,716 28,724 34,440 42,214 Miscellaneous 7,009 15 7,024 5,328 TOTAL REVENUE 279,780 146,551 426,331 404,390 EXPENDITURES Current Personal services 119,403 23,387 142,790 127,202 Operating supplies 6,505 8,483 14,988 17,652 Public services -16,932 16,932 18,545 Repair and maintenance 2,260 76,021 78,281 ----- 12,783 Contract fees -18,391 18,391 13,802 Legal fees 84,409 -84,409 ----- 52,726 Truck service -14,484 14,484 12,804 Other services 23,528 5,690 29,218 22,212 Other charges 62,343 13,204 75,547 -— 53,583 Capital outlay 1,084 •1,084 • TOTAL EXPENDITURES 299,532 176,592 476,124 331.309 EXCESS (DEHC^NCY) OF REVENUE OVER EXPENDITURES (19.752)(30,041)(49,793)73,081 OTHER FINANCING SOURCES (USES) Operating transfer in -60,471 60,471 35,000 (grating transfer out •(60.471) (60,471) TOTAL OTHER FINANCING SOURCES (USES)-•m m EXCESS (DEFICIENCY) OF REVENUE AND OTHER FINANCING SOURCES OVER EXPENDITURES AND OTHER FINANCING USES (19,752)(30,041)(49,793)73,081 FUND BALANCE. JANUARY 1 138,282 678,295 816,577 743,496 FUND BALANCE, DECEMBER 31 $ 118,530 $ 648,254 $ 766,784 S 816,577 1 66,91223,85433,21530,8163,491158,28820,7829,62618,5457,35313,80212,8044,6184,31491,84466,44435,00035,00001,44476,851in ON IN 00 —» *n NO «o • •«o o ^ 00 ^ in o «n »n •—I •n 00 m o\ 00 <N <N cs •n•n NO oooom<NONooo\om^rf-OxOrO’^NOfM rn oo" NO* NO* 00* ^ in* m*CS r-^ <N ON*n NO O om _•o o NO NO o ocn • ip-im ON m fOON inON • o NO r- o NO oIN 00 8 »n m 00 m »n ^ m NO <N 00 o in •n m «—• ON NO IN o IN • 1 1 i i 1 • •1 O 1 1 1 00 IN 00Os0k ON ON 00 ^ ^ ^ o 00 On in on M On O in in ^ NO^ n 00 NOm r-9^ 1 NO ON J2 VO NO 00 'i.t m rnIN »-i r-H *n •VOe 0ko NO 0ko NO mo ON • IN IN •• 1 II ON cn IN ON 0k 0k IN IN ON NO • 1 1 *nm rs NO 9^ Os' 1^ NO CO B COe ONr- NO VO* 00 00o ON«n Cd COM O n1 {^tOSi-nriTET\''Ci» PROTECT OUR LAKES AND WETLANDS Simple lawn practices to keep our waters clear and healthy Choose phosphorus free fertilizer for established lawns. Minnesota soils are naturally rich in phosphorus. Excess phosphorus running into lakes causes algae blooms that turn the lake green. Look for lawn fertilizers with a middle number of 0 (phosphorus-free) at area nurseries. Leave grass clipping on your lawn - they provide valuable nutrients.... equal to one application of fertilizer per year. Never rake leaves or grass clippings towards lakes, streams or wetlands. Monitor irrigation practices to avoid runoff from over saturation. Aerate or dethatch your lawn, every other fall, to prevent soil compaction and promote a healthy root system. Seed or plant bare spots to help prevent soil erosion. Grasses, shrubs, trees and organic mulch ^ help keep soil in place. (3^ Application Date: Completion Date: Deadline: 12/11/98 2/15/99 Waived COUNCIL MEETING APR 2 6 1999 REQUEST FOR COUNCIL ACTION ohuv U DATE: 4/22/99 ITEM NO. Department Approval: Name Paul Weinberger Title Assistant Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description:#2444 Brian and Susan Schebler 1354 Rest Point Circle After-the-Fact Variance-Public Hearing Zoning District: LR-IB One Family Lakeshore Residential Disuict (1 Acre) Lot Area:31,200 square feet (.72 acre) Application: The applicants are requesting an after-the-fact variance to permit a detached, ground level deck located on the lakeside of the residence. The deck is located behind the 75' lakeshore setback. The actual distance from the Ordinary High Water Level (OHWL) of Lake Minnetonka to the deck is 86'. The deck is 12' by 16' and is located frirther back on the lot than the neighboring house to the east. The neighboring house to the west is located frirther back from the lake, but would not be impacted due to the applicant's home screening the deck from that property. A large addition to the home was constructed in 1989. Approval was subject to previous property owners removing a gravel parking area on the property and reducing the size of the driveway. As of the date of the most recent survey, and site inspections on February 25,1999 and April 6,1999, it has been determined the hardcover has not been removed. Staff could support retaining the existing driveway for maintenance and public safety and allowing the gravel parking area to remain. The applicant's have stated the gravel parking area is used for snow storage by the City. Additional hardcover on the lot includes areas of rock. No plastic or fabric is under the rock preventing water from infiltrating into the ground. The applicants have stated they have removed much of the hardcover, but the rock located in the area around the driveway is to prevent erosion as the lot is sloped and much of the drainage in the locality is over their property. The rock on the lakeside of the home (all outside of the 75' setback) is located in an area that does not receive any sunlighi, preventing grass from growing in that area. r This application requires the following after-the-fact variance: 1.Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L)(2): To allow 5,593 s.f. (29.9%) of hardcover in the 75-250’ lakeshore setback, where 5,593 s.f. (29.9%) exists and 4,675 s.f. (25%) is allowed. PLANNING COMMISSION RECOMMENDATION: The Planning Conunission recommended by a 6 to 0 vote to: Approve the variance based on the Staff Report. The applicants agree to remove two small patio areas on the south side of the residence. STAFF RECOMMENDATION: Staff recommends approval of an after-the-fact variance to permit the 12' by 16' detached deck based on tiie following hardships: 1.Much of the existing hardcover on the property could be removed, however the rock is not underlain by any impervious materials. Also the rock located around the driveway protects this portion of the property from erosion as much of the drainage in the locality follows the slope. Planting grass would create a maintenance problem as a steep slope exists. 2.The rock on the lakeside of the home (all outside of tne 75' sc .back) is located in an areCi that does not receive any sunlight, preventing grass from growing in that area. J.The gravel parking area located on the north part of the property benefits the locality as it is used for parking by the home owners and provides an area for snow storage. The applicants have stated plowed snow is stored on their property. Rest Point Circle is a narrowly platted road and no storage area is available along the side of the street. COUNCIL ACTION REQUESTED To adopt or amend the enclosed resolution. I •I ANALYSIS Lot Area and Yards LR-IB (1 acre) Lot Area Lot Width Front Yard Side Yard Lakeshore Required 43,560 s.f.140’35'10’75’ Proposed 31,200 s.f.121’NA 26'86' The deck is located within all required setbacks on the property. Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested • 0-75’9,250 s.f.435 s.f (4.7%) none (0%) 435 s.i. (4.7%) none 75-250’18,700 s.f.5,593 s.f (29.9%) 4,675 s.f (25%) 5,593 s.f (29.9%) The deck is 195 s.f of the calculated hardcover. 250-500’3,250 s.f 409 s.f (12.58%) 975 s.f (30%) 409 s.f (12.58%) none 500-1000’0 0 0 (35%) 0 none Structural Coverage Total Lot Size Total Structural Coverage Percentage 31,200 s.f Existing: 3,821 s.f 12.2% The property is allowed 4,680 s.f. of structure. Decks are not considered structure unless they exceed 6' above grade. The subject deck is not structure. 1 Variance STATEMENT OF HARDSHIP The applicant's have included their statement of hardship as Exhibit B. The applicants should also be asked for their testimony regarding this issue. Issuss 1.A building plan was approved for an addition to the residence in 1989 by previous property owners. Some hardcover that was required to be removed remains on the property. 2.Would variances be granted on the deck if the applicants had appeared before the Planning Commission prior to construction? 3. The deck is located behind the 75' lakeshore setback (86' from the OHWL). 4. 5. The applicants have stated the gravel parking area is used for snow storage by the City. The lot is located on a comer of Rest Point Circle. The road is only platted 12' wde at the most narrow point. Requirements of the subdivision code would plat this road much wider providing space for plowed snow to be stored. 6.Erosion on the property is controlled by rock along drainage areas. The rock is an asset to the property. Attachments A B C D E F G H I J Application Description of Request and Statement of Hardship Site Plan/Survey 1989 Site Plan Plat Map Location Map Hardcover Worksheets Deck Drawinga^lan Property Owners List Permit Record U. CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 PHON£:(612)249-4600 FAX:(612)249-4616 ZONING FILE #2444 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: 4/21/99 TO: Brian & Susan Schebler 1354 Rest Point Circle Mound, MN 55364 COPIES TO: TYPE OF APPLICATION:After-the-Fact Variance DATE OF MEETING: 4/19/99 VOTE: 6 FOR 0 AGAINST Planning Commission recommends the following: Approval subject to conditions noted below. NOTES AND SPECIAL CONDITIONS: 1. Applicant agrees to remove patio blocks located on north side of residence. 2. The Planning Commission will not look favorably on granting future variances for additional hardcover on the property. Applicant's next scheduled meeting is confirmed as; City Council April 26, 1999, meeting starts 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. X;\APPS\WPWIN60\WPDOCS'CAROLEVPCACTIO>W444 A RESOLUTION GRANTING AFTER-THE-FACT VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 AND SECTION 10.56, SUBDIVISION 16 (L) (2) FILE #2444 WHEREAS, Brian Schebler and Susan Schebler (hereinafter “the applicants ”) are owners of the property located at 1354 Rest Point Circle within the City of Orono (hereinafter "City") and legally described as follows: Lot 11, Subdivision of Lot 14, Rest Point Park Lake Minnetonka and Lot 13, Rest Point Park, Hennepin County, Minnesota (hereinafter "the property"); and . WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held public hearings on March 15, 1999 and April 19, 1999, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit an after-the-fact variance for a 12'xl6* lakeside deck to exceed allowed hardcover in the 75- 250' lakeshore setback. The hardcover is 5,593 sq. ft. (29.9%) where 4,675 sq. ft. (25%) is allowed. Minnesota: 1. 2. NOW, THEREFORE, BE IT RESOLVED by the City CouncU of Orono, FINDINGS This application was reviewed as Zoning File #2444. The property is located in the LR-IB Zoning District, where 1 acre or 43,560 sq. ft. is the minimum lot area. The property consists of .72 acre or 31,200 sq. ft. Page 1 of 5 3. 5. 6. The Planning Commission reviewed this application on April 19, 1999 and recommended approval on a vote of 6 to 0. The Planning Commission made the following findings of fact: Much of the existing hardcover on the property could be removed; however, the rock is not underlain by any impervious materials. Also the rock located around the driveway protects this portion of the property from erosion as much of the drainage in the locality follows the slope. Planting grass would create a maintenance problem as a steep slope exisL B The rock on the lakeside of the home (all outside of the 75'. setback) is located in an area that does not receive any sunlight, preventing grass from growing in that area. C.The gravel paridng area located on the north part of the property benefits the locality as it is used for parking by the homeowners and provides an area for snow storage. The applicants have stated plowed snow is stored on their property. Rest Point Circle is a narrowly platted road and no storage area is available along the side of the street. D.Existing landscaping and the location of the house will screen the deck from adjacent property owners. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments Page 2 of 5 1 i by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCXUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit an afler-the-fact variance for a 12'xl6' lakeside deck to exceed allowed hardco/er in the 75-250' lakeshore setback. The hardcover is 5,593 sq. ft. (29.9%) where 4,675 sq. ft. (25%) is allowed. Approval was subject to the following conditions: 1. The Planning Commission will not look favorably on granting future variances for additional hardcover on the property. 2. 3. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit witlun one year of the date of Council approval, or this variance will expire on that date (April 26, 2000). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 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. Page 3 of 5 1 Adopted by the Orono City Council on this 26th day of April, 1999, ATTEST: Linda S. Vec, City Clerk Gabriel Jabbour, Mayor Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of April, 1999, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Mirmesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ss. ) On this day of.199 _before me a Notary Public within and for said county, personally appeared ________________________________________ known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ss. ) On this day of 199 before me a Notary Public within and for said county, personally appeared_______________________________________ known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 5 of 5 • « • •• w >• •*••■■«• ••• « • r . •-w .% >••• •: • t ••• ^ • i • Application # •; Date Receiyed V/ ./Amount Paid.^^D*^** PLICATION *•• • • ,4 m' h • • • % • * • a * •• ■ •••• • ••! •• crnr OP QRONO - VAMSNCl .. . .Inidel Application Fc^SiSO.OO ' / .($50.00 per;eacli..ad^ilton2d^ Renewal .Variance Fee .$150.00-. ..• . •.• . .j (no change j&om origin^ application) . • Variance for non-coirforming structures * $250.00 . Afler-the-Fact Fees.(Douhle application fee) ». *■ ,* •• .PROPERTYINFOBMATION ../ SiteAddees's ■/.'iS¥ pA,jr CiAC'^ ■ tiKOttO. .5^201 — Property Identification Number ffJD.l _______________________________—------- Attach legal description to application if not included on required survey. 0.tePmn«^fA«mm d ¥101 L------------------^(month^) I (do) (do not) 1^0 own the adjacent parcels of land. , , Present use of propoty: X residential other (^ecity).------------------------------- ZonlngDistrict:_ APPLIC ■ Nam A CANT .. ___e * ilrc ScAtiUr Adclress: /2S*/‘ Rtit CtrdU OWNER (if different than apphemt) Name_________ Phone fhomel V7J1 Phone fwodcl' 9J1 h 77 6 ( ritv ; • 0/4r44 • Zip: SS3(^y Phone O^ome). Phene (work). Address:^ City:Zip: DESCRIPTION OF REQUEST Estimated Constniction Cost $ SuO Describe request in detail: ^otis&ucAi^ d fi ^Ik—ctssA—^ . ' * (attach additional sheets .if necessary) au\/^ VARIANCES REQU^D ' Lot Area • Lot Width Setback:Front Side Jot/. (Kfudcr*J€^a X Hidcover * Lot Coverage •' Rear ^ Average Lakeshore . Other (specify) • • d • ^ • • HARDSHIPyDESCRIPTiON OF UNUSUAL PROPERTY COI^mONS . Describe undue har^hip or practical difficulty or unusual property condition preventing . compUance with’Zoning Code ri.nnirpm^.nts:‘ /l,rs..iL ^ t^c o/- <ifc^ • foAf L a ttft, ---- /at^ M rr.eA ^__cbiL--- • (<if J(y*~s (attach additional sheets if necessary) St, C^SjSucSci/ y%ur^S U/ aefepu^ f<t/J c/ccA,rj /dr .1 it ^/:fM6SHffi-/-Pt?lCAldJ2CAi—0/L-aA/U4un<—PAoP^r^.. CC^CtTKJy'^ j ■ -^arc^AJjicL—^{^c—Xcr/vu___ :: .—^—fS9-7-.---- _/^r»p_T^Lf—Y^jeaio^—^j)/LeA—MZ*=. j2.^—^.ti>dL^^jLji£iUL,— :_^____-----------.—:—^------1_^___ .t •; ---c(lCt.tCZc/. Jv . J!A.^—MCLKfhtJ.—/x>__Aeo{/(^A^d^<U(___. - da A—yl.<i£ifi. ■/L/'Wt Ac---dAxi —J^/jcZ(-f—£tA.^—fo—€^0^—Ytx.—Ui € CJS ^ —o.t^bu^-iA /p^o frcp^ - - 6cf^—p*x/. \h^j-X^<(j XZ-Cl./- .1 ----Y.—rcA. J—^c—cfjtC^L^—/XU>£—Oj/i^cc^^€f-—14„„ /ix Xc/>njC.‘*—------- '' —£a— Af__*TA/^ —o* tjflis.— »^p6PjSd —^JSi£^JJtA __djLCiU^C^ —/o —tf/W*6 AC---/A.A P—./.A -------C/ca/-^ -/)^SttL—Y£^/:vh,yA —A—-P t ^—oo tf—6 ca c c /H- •I ----^tCOMAk—C^^/5C«—^-----^rccu----P».s.cL----^$U*r- :—.6 leic.t4i\t^L—<0 Ao/iiJLi.______A-.—/vt€yK,6*/Aoocf ——c£jl <X • ^ y • .! ^-----/?■&/. ■ (4/Jf^ *A—— A o/AC*/----Ai -1—/hJ^—^i/s»//=- .Om/.—/£ HcJL—._/5U —---- JJUjL__lL(t^^^.oj:j__^_____________---------------------------^.tCA^jj^^. .*g/ A/bP JecAtJ pi^^U. *4h._tA>- ^------_^tj.-^---- «•• •••• • • . • >• . •■•• • • •■• «.M «• !• I* g^gasji. m ^ • •«*m •m mmm • • • O^ONO CoFY Certlfic«ttof Survey lUfor C.J. Wallin Honebullders of lot II, Rest Point Park and Lot It. Subdivision of Lot *4, Rest Point Park Hennepin Count/, Minnesota t>ecj£3Sfirfi-^ 'TO ru4Ai«v»rA/N x>QAwi^e HOUJe WfT?/ AJO AlktsTt l>f2A|AiAC5d5 TO /Vlei6»^fioc^AJd f^petzT/ci se^ House eiJQ/fifrjo/vs'^ urn ^?3 mi SvSiTuSgO 0-/5 75-XSO >250 CtiMif ofk rsMbf/?.IfOP^Sf/i 3iS2tsffi 0 t.16%0 ’’TSSi*.c £5S%•Jh 0 Itf-iO se^ ifieviie^ mfioo=v&iz * 2V'. 2TX. oivLir irens iM BLUe) /•♦/ ^ CnVOFJIRONO X SITE PLAN Jf. GRADING PLAN iwaovEo >^PnOVEO WITH REViaOMS □ Dis BY DATE TnV/»CU fflin My»awewi*»# hereby certify that this Is a true and lAOIVISION OF I d the location or encroachaents. SIAOIVISION OF LOT 14 RCST POINT PARK IA$rreci rcprtsentitlon of a survey of t^e boundaries of Lot tl, MINNETONKA* and Lot 13, *Aest Point Park Hennepin Co.. Minn. •j |i and the location of all existing bglldlngsjthereon. It does not purport to show any other Improvements • rrrVT or encroachments. j r j r COFFIN a GNONBERQ. INC.% ^***‘♦.1 ' « • tmn mAg ’hmf "^""*7"* . ._ * r-------------- - ^ ^ _TH. /f^ 0«t«:Cv ■ 0 : Iron marker : Spot elevation Mem Sea Level •>f.F •^r4 ‘- M U/M lakeshores , WCTIANOS SJ“SJ; !itlS.5«7'°''‘' RE.GULATIOiVSonoNo ono.'fw.\r«:; ■;•' Vi v • • , .excavation . FI',1 If:■ j , DrJEDGtNrN TP.t.-: -.n ........... :r. | coirjTnLinraj.v /,... • , : VVTTM*N75rra'^/.,V/}.. ;.V V . _\WHIf ; Of; FT f)S- A. ;v V•• i "r“T------- — . I V73-V/V/ •5 )K ITiS - • glv7-;4 . • a Pl‘Fi4M* Tr* ?;r| * .•V**'*l * : - - e • p.• r ff -f' r •.•\ y . . *1 « i* • • • *• . m/if ^oHaSLe^' Kasr ’th/t^T HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) FXISTING HARDCOVER IN ZONE A. House ___ X Lenfdi' B. Geffts* C. Driveway D. Sidewalk X X X 8 22 E. P«rtiWDeckv^^77gr?.s •Fv • Landscape _ Underlain By Plastic G. Other 0.B C.A X X X X X X X X X TOTAL PROPERTY AREA IN ZONE •i- B X 100 4-rt PROPOSED HARDCOVER IN ZONE A. House ______________ X Length Width 6. Garage C. Driveway D. . Sidewalk. mmm •• • • • * E. Patio/Deck F. Landscape Underlain By Plastic X X X ♦ ft G. Other X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _____________ ^ B .X 100 75-250 ’250-500 ’ ft • ft 500-1000 ’ a S.F. Width m S.F. B S.F. C3 ft «.S.F. . ft • • ft S.F. ft _ S.F. SB S.F. fxt *S S.F. s S.F. m ZS4-S.F. • • • ft B S.F. S-Bi lO z.S.F. 8 S.F. 92.'8 S.F. 8 S.F. m S.F. •92.30 S.F. % • .• A B S.F. S.F. • S.F. S.F. S.F. S.F. S.F. S.F. S.F. # • S.F. S.F. S.F. S.F. S.F. s.f: S.F. S.F. A - B % i SETBACK ZONE; (CIRCLE ONE) HARDCOVER CALCULAllU^ U i 0-75‘ C^S»250^ 2S0.500* ^£^r~ 'P<^ihj'TT ^ 500-1000* ••I • PXTSTING HARDCOVER IN TONF A. House __•• vujsnr • 12 —.••• Lcn|ih •••• WWih A/^ * WAC-H. * *t • • X- X X «-*r 2 ^AT/er ■J. .Oarage........• • • *• , • •• • *• • C. Driveway ' • • •. % • •ii-< • • • • D. 'Gldewalk *t. •paiioZDeck <?o 77 l••V F* Ltndwape Underlain ________ By Plajilc £j . 0lojsa A/e X X X X X X X X X in- d.7 /2.Z .‘fti-;! G; Oihef •:'•* ••• •• -A*:; • , 0,4. X -- ..ur-t..!s> A - TOTAL HARDCOVER IN ZONE .. ..I9XA.K. PROPERTY. AREA IN ZONE ___^063 + B 73700 Vi :.... ••• I-ACJ'JV*.- }c' *. ypOPQSED HARDCOVER IN 7■r>^fy; ’ A* . House ____________ Width .;*vif B. Oarage \ • • • • ’ ••f.. • C. • -Driveway •* ^ X X X • • • • • •.'%* < iffU? vO.' .Sldcwiljc E. Patio/Oeck • *4 •* X X X X V • • !. »"I&... V.^dLCipe. Uaderlitn 'by-pfa-iie • • *. . •v-X rSTirT * I * ;.v: Other X X X •::T0TAL-HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE —I_ _ _ _ _ _B- . «• 1 m .’••*• «l es X 100 = S3 aa X 100 ftMTi y ?fo7Qi<J 9<f 7>3 S.F. f.ayoo S.F. ^S.4^7 % 1. • . S.F.. • S.F. S.F. .-S.F.' S.F. S.F. , S.F. S.F. ’ S.F.m S.F. . S.F. S.F. S.F. ; S.F. . S.F. S.F. S.F. r« • •• • ■a55“'^ B A B #.» • • . ///s/ff HARDCOVER CALCULATION WOKKSHLtT SETBACK ZONE: (CIRCLE ONE) 0-75* 75-250* (ISO-SOO;) "^£57 “ /^/Ajr' /it 500-1000' pyirflNG HARDCOVER IN ZONE A. House _____________ • ■ •••»• m • •• •••Lcn{(h WW* •• • • • •• #««•••• *•X X X • • • • •B, Garage.. c. Driveway X X mi 8 D. Sidewalk X X • •E. Patio/Dccic X X F. Landscape Underlain By Plastic X X X ;e^*£ 0. Other \ B%- - <^."7 • • • • •• •• 'k • • • . *• TOTAL HARDCOVER IN ZONE • TOTAL PROPERTY AREA IN ZONE\ ••• • • • • ^ ^ B 4^9 X 100 ppnpn.qFn HARncnvRR in zone A. House • •...................Length Width X X . X ..I • • B. Oarage*. • • C- Driveway X * X *• • • • ’«*r. •. • • D. Sidewalk • • k • E. Pailo/Deck X X • •• • Landscape Underlain ------By Tlasiic X X X M • • • •• •0. Other • .TOTAL HARDCOVER IN ZONE. TOTAL PPrOPERTY AREA IN ZONE «4> B'X 100 S.F. S*F*. ” S.F. ^ S.F. S.F. S.F. S.F. • • • S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. __S.F. % 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. % B S.F. • A B 1 ______i — I---------------—— -■» f.»a'.3 Z'*L*' P(u4it* t />------1 ±"r.-rsis—. 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H X O O ■ ■ -^4 r • • / Permit No. PERMIT RECORD • Date • • • Type of Permit /I63 /^A7. /-tfOi. ^ gs? • • * • • _ • • ."^B‘UJPic>^ /9/s•* * • • • "7 -^3 • ■? /WDOAT 0/> -hMr —------—77- M'f'l—-----------------Z)^ JlL.’j---- 41a k)1 0 /r» ^ / * ^u/ /L)//1? n tldyn^J) j :2 q1L OAl ^ S, ^(0^/i) -?9 -XI^C loa A v (^^fycotecaP , /6'30'9<?\>JU^ 3t(abD^____ /'Sia.-Q7 6 _________ Mm A 7-g'jC.//-/V-^.< _/y-£2^/ % ^ f f 1 V ^ ^fL/yitJU^JL 0 V COUNCIL WEEf APR 2 6 ^999 OllYUt- OHUNO REQUEST FOR COUNCIL ACTION DATE: 4/22/99 ITEM NO.; ^ Department Approval: Name Paul Wei’'berger Title Assistant Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2457 David and Paula Lindberg 1392 Balder Park Road Variances Zoning District: LR-1 B One Family Lakeshore Residential District (1 Acre) Lot Area:31,760 square feet (.22 acre) Application: This application was reviewed at the February, March and April 1999 Planning Commission meetings. The Planning Commission suggested that ti*e applicants redesign their proposal to limit structural coverage to 15% and reduce hardcover. The applicants are proposing to remove the existing residence to construct a new residence. The property is on a peninsula and has two lakeshore setback areas. A variance to allow a driveway in the south 75' will be required for access to the zoning lot. A variance to build a new house in the 75’- 250' setback is requested to allow 4,556 sq. ft. (30%) hardcover where 3,797.5 sq. ft. (25%) is allowed. The plan presented in February requested 5,080 sq. ft. (33.44%) hardcover in the 75'-250' setback. The March plan reduced hardcover from 33.44% to 32.33%, or a reduction of 170 sq. ft. The April plan reduces hardcover to 4,556 sq. ft. in the 75'-250' setback which is 30% where 25% is allow'ed. (The applicants have consented to waiving the 60 day review period for this application.) PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended by a 6 to 0 vote to: Approve the variance based on the Staff Report with the condition no further variances for hardcover will be granted on this property. STAFF RECOMMENDATION; A hardco\ er variance is appropriate for a reasonable driveway in the 0'-75’ setback on the south. There is no hardship for the amount of proposed hardcover in the 75'-250' setback. A house, garage, with a driveway that does not exceed 3,797.5 sq. ft. could be constructed on this site. Economic consideration and design preferences are not considered hardship under state law. 1 1I COUNCIL ACTION REQUESTED To adopt or amend the enclosed resolution. CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 PHONE:(612)249-4600 FAX:(612)249-4616 ZONING FILE #2457 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: 4/21/99 TO: David and Paula Lindberg 3440 North Shore Drive Wayzata,MN 55391 COPIES TO: TYPE OF APPLICATION:Variance DATE OF MEETING: 4/19/99 VOTE:6 FOR 0 AGAINST Planning Commission recommends the following: Approval as amended per Planning Commission recommendation, subject to conditions noted below. NOTES AND SPECIAL CONDITIONS: 1.No new hardcover shall be allowed on the lot. Applicant's next scheduled meeting is confirmed as; City Council April 26, 1999, meeting starts 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. X:\APPSWVP\VIN60 WPDOCS'CAROLE'PCACT10N\2457-3 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2 AND SECTION 10.56, SUBDIVISION (L) (1&2) FILE #2457 WHEREAS, David Lindberg and Paula Lindberg (hereinafter "the applicants") are owners of the property located at 1392 Baldur Park Road within the City of Orono (hereinafter "City") and legally described as follows: Lots 17 and 18, Block 1, Baldur Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held public hearings on February 16, 1999, March 15, 1999, and April 19, 1999, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and Section 10.56, Subdivision (L) (1&2) ♦o permit hardcover for a driveway in the southerly 0-75' setback and new construction of a house in the 75-250' setback where 3,797.5 sq. ft. (25%) hardcover is allowed where 4,556 sq. ft. (30%) is proposed. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1 This application was reviewed as Zoning File #2457. 2.The property is located in the LR-IC Zoning District, where 1/2 acre is the minimum lot area. The property consists of .729 acres or 31,760 sq. ft. 3.The Planning Commission reviewed this application on April 19, 1999, and recommended approval on a vote of 6 to 0. 4. The Planning Commission made the following findings of fact Page 1 of 4 5. 6. A.The property conforms to the minimum lot width at the 75' setback, where 100' is required and 113' exists. B The proposed new construction removes hardcover in the northerly and southerly 0-75' setbacks. C. D. The proposed plan reduces the total amount of hardcover on site. The proposed plan meets the average lakeshore, lakeshore, and side yard setbacks. The proposed plan conforms to the structural lot coverage requirement. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and Section 10.56, Subdivision (L) (1&2) to permit construction of a new residence with hardcover in the southerly 0-75' setback at 8.7% where none is allowed and 30% in the 75-250' setback where 25% is allowed. Approval was subject to the following conditions: 1.Applicants are advised that any changes to the plan dated January 20, 1999 and most revised April 5, 1999 by Coffin & Gronberg, Inc. will require reconsideration by the City Council. Page 2 of 4 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 this variance will expire on that date (April 26, 2000). 3.Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a '/iolation 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 Orono City Council on this 26th day of April, 1999. ATTEST; Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 26th day of April, 1999, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 4 i i r f ■ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument.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 , 199 before me a Notary Public within and for said coun^, 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 PUBUC Page 4 of 4 TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: DATE: Liz Van Zomeren, City Planner/Zoning Administrator AprU 7,1999 SUBJECT:#2457 David and Paula Lindberg 1392 Baldur Park Road Variances -Continuation of Public Hearing Zoning Dbtrict: Lot Area: LR-IB One Family Lakeshore Residential District (1 acre) 31,760 sq. ft. (.729 acres) Exhibits: AX BXcx Elevations 4/6/99 Revised survey Hardcover worksheets Staff Report March 15.1999 meeting with exhibits: A Waiver Form B Elevations C Notice to applicant D Revised survey E Hardcover worksheets Previous Staff Report from February: A Appli^on Plat map Property Owner's list Existing survey Proposed survey Hardcover worksheets Elevations Floor Plan PC Minutes from 5/18/98 PC Minutes from 6/15/98 PC Minutes from 7/20/98 CC Minutes from 7/27/98 CC Minutes from 8/10/98 Resolution 84143 B B2 C D E F F2&3 C H I J K L Application; This application was reviewed at the February and March 1999 Planning Commission meetings. The Planning Commission suggested that the applicants redesign their proposal to limit structural U2457 David and Paula Lindberg 1392 Baldur Park Road PC-4/7/99 page-1 *• coverage to 15% and reduce hardcover. The applicants are proposing to remove the existing residence to construct a new residence. The property is on a peninsula and has two lakeshore setback areas. A variance to allow a driveway in the south 75' will be required for access to the zoning lot. A variance to build a new house in the 75'- 250' setback is requested to allow 4,556 sq. ft. (30%) hardcover where 3,797.5 sq. ft. (25%) is allowed. The plan presented in February requested 5,080 sq. ft. (33.44%) hardcover in the 75'-250' setback. The March plan reduced hardcover from 33.44% to 32.33%, or a reduction of 170 sq. ft. The April plan reduces hardcover to 4,556 sq. ft. in the 75'-250' setback which is 30% where 25% is allowed. Pertinent Ordinances: Section 10.22, Subd. 1 and 2. Section 10.55, Subd. 8 Section 10.56, Subd. 16(J) and 16(L) Section 10.03, Subd. 19 Section 10.25, Subd. 6 ANALYSIS Lot Area and Yards LR-IC District Standards Lot Area Lot Width Street Yard Side Yard Lakeside Yard \tl acre 100'30'10'75' and ALS* * Average Lakeshore Setback Subject Property Lot Area and Yards Lot Area •Lot Width Street Yard Side Yard Lakeside ^2457 David and Paula Lindberg 1392 Baldur Park Road PC--4/7/99 page-2 1 • • . 31,760 sq. ft.1 97.5' at 75' proposed to 1 r to garage;>75'; porch may (.72 acres)shoreline; 113'garage 15' reqvured for encroach in the at 75' setback garage over 750 ALS sq.ft. • • The lot meets the lot area requirements and the lot width requirement because it meets the 80% lot width requirement. The proposed plan meets the lakeshore, side, street, and average lakeshore requirements. Structural Coverage Total Lot Size Total Structural Coverage Allowed (15%) Proposed Structural Coverage Proposed Percentage 31,760 sq. ft.4,764 sq. ft.House=l,989 Porch=l,416 Overhangs=206 Total =3,611 sq. ft. 11.36% The revised plan reduces the structural lot coverage from 12.17% to 11.36%, Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0'-75' (NORTH) 7,830 sq. ft.686 sq. ft. (8.76%) NONE NONE NONE 75'-250'15,190 sq. ft.4,420 sq. ft. (29.10%) 3,797.5 (25%) 4,556 sq. ft. (30%) 758.5 sq. ft. (5%) 0'-75' (SOUTH)' 8,740 sq. ft.3,346 sq. ft. (38.28%) NONE 1,050 sq. ft. (8.7%) 1,050 sq. ft. (8.7%) The applicants are proposing to remove hardcover in the northerly 0-75' section of the lot where no hardcover is allowed. The plan would remove the existing hardcover in the 75 -250 setback^and replace it with new construction which would require a variance to allow 30% where 25 ^ is allowed. The plan proposes 1,808 sq. ft. more hardco^ er than the maximum allowed by the ordinance. This lot, however, has two 0’-75' setbacks and a minimum amount of hardcover is needed U2457 David and Paula Llndberg 1392 Baldur Park Road PC-4/7/99 page-3 T • ■■'I in the southerly section to provide a driveway. The proposed driveway requires 1,050 sq. ft of area in the southerly 0'-75' setback. Each variance application must be reviewed separately as a unique application. The applicant needs to demonstrate that there is a fundamental reason why the City should depart from the Code requirements for hardcover. The need for a hardcover variance in the 75’-250' setback is a design issue and is not due to any uniqueness of the lot. Hardcover could be reduced through redesign to 25%, which would result in a smaller footprint. STATEMENT OF HARDSHIP The applicant has indicated that the hardship is having two 0-75' setbacks. Having lake views on «ch side, however, is an amenity. It also does not impact the size of the residence because there is 15,190 sq. ft. of lot area in the 75'-250' area to build a house and a garage. STAFF RECOMMENDATION A hardcover variance is appropriate for a reasonable driveway in the 0'-75' setback on the south. There is no hardship for the amount of proposed hardcover in the 75'-250' setback. A house, garage, with a driveway that does not exceed 3,797.5 sq. ft. could be constructed on this site. Economic consideration and design preferences are not considered hardship under state law. ^2457 David and Paula Lindbefg J392 Baldur Park Road PC-^/7/99 page-4 l 1 — r .*• Vv% 2 > t*a o. Vi o Ax; §1 I ui _jUI k- 1. O' S i 3 I- < s I-z §= u. l/l ' t 1 Ytmvd CERTIFICATE OF SURVEY FOR DAVID 8c PAULA LINDBERG 8, BLOCK 1, BALDUROF LOTS 17 AND PARK HENNEPIN COUNTY, MINNESOTA ^4 • .r% R 0/ 4/ri ^ HARDCOVEgXALCULATION WORKSHEET —' SETBACK ZONE: (CmCLE ONE) 15-250' 250-500* EXISTING HARDCOVER IN ZONE JOUTH /V#^T A. House X _____________ " • Length X X X B. Oarage • • • • _ .. C. Driveway.X X D. Sidewalk X X E. Patio/Dcck X X F. Landscape Underlain • By Plasiic X X X Or Fabric ^ • mm •• • G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A + B PROPOg^D HARDCOVER IN ZONE* A. House X • •Length X X X B. Oarage C. Driveway X X D. Sidewalk X X E. Patio/Deck F. Landscape Underlain' By Plastic Or Fabric X X X G. Other • ••TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ■ ■ /OSO + B Width xlOO Wid-Jl S7VO_ xioo 500-1000* f-fu, S.F. S.F. S.F.- S.F. I.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 SO S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. Ck S.F. A S.F. B % S.F. S.F. ■ S.F. P7*/0 S F. /2. O/ Vo .A B /a AK ^cACkraA // /fy SETBACK ZONE; (CIRCLE ONE) EXISTING HARDCnVTR IN ZONE A. House /•Zo 9 HARDCOVER CALCULATION WORKSHEET z - / 9 9 (75-250j^ 250-500* .............. ^ • • • •• • 0-75' X Length 500-1000*5-iZ- 9^* ___ifr- Widdt B. Oarage C. Driveway D. Sidewalk mf* *• *• • X X X X X X X S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. R\RDCOVEBXALCULATION WORKSHEET -y , SETBACK ZONE: (CIRCLE ONE) • y EXISTING HARDCOVER IN ZONE JuWKrM SHE] 75-250' 250-500’ Length X X X -Garage * » • • C. Driveway X X D. Side\valk • • •• X x" E. PatioiDcck ’X X •_ • • F. Landscape Underlain By Plastic Or Fabric X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ' A + B PROPOSED HARProVER IN ZONE’ -..A..House.. . • • X Length X X X B/^Garagc • • ^ • C.’ Driveway • « •• •• D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain' By Plastic Or Fabric X X X G. Other X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A O + B • •• • Widdt s s X 100 Width 2-/^-9 9 500-1000’/<.^ 7^3 o X100 7^30 S.F. S.F. S.F. • _ S.F. SF. S.F. S.F. ... S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. .. A S.F. B % S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. _S.F. _S.F. n % A B A I U I • • L Dx • • CITY OF ORONO P.O. Box 66 Crystal Bay» MN 55323 249>4600 ZONING FILE #2457 NOUCE OF PLANNING COMMISSION ACTION DATE OF NOTICE: March 16, 1999 TO:Paula & David Lindberg 3440 North Shore Drive Wayzata, MN 55391 COPIES TO: TYPE OF APPLICATION:Variance DATE OF MEETING: 3/15/99 VOTE:5 FOR 0 AGAINST Planning Commission recommends the following: Tabled for reasons noted below. NOTES AND SPECIAL CONDITIONS: Need to revise hardcover in the 75-250* setback to 30%. Keep structural coverage to 15% or less. Please provide staff with revised plan, reduced plan copies, elevations, and hardcover worksheets. Applicant's next scheduled meeting is dependent upon receipt of additional information. Deadline for the Planning Commission meeting is April 5,1999 for the April 19 meeting. If you desire certified copies of the official Planning Commission minutes, they are available fi'om the City Recorder after review and approval by the Planning Commission. X:\APPS\WPWIN60\\\'PDOCSVCAROLDPCACnONU437.2 Bilnnri^ii i ORONO PLANNING COMMISSION MEETING MINUTES FOR FEBRUARY 16,1999 £X (U$) it24S4 GREG AND MARCIA BARNUM, ISO MCCULLEY ROAD, AFTER-THE-FACT CONDITIONAL USE PERMIT- Continued White moved, McMillan seconded, a motion to approve Application #2454 for Greg and Marcia Bamum, 160 McCuiiey Road, for an after-the-fact conditional use permit for land alternation subject to: . 1. Review of the sepdc sites to ensure that they were riot disturbed. 2. Determine an end date for the stock pile. 3. Change the address to a number on Bayside Road (4760). 4. Applicant to obtain a land alteration permit There should not be a double fee for the application. VOTE: Ayes 4, Nays 0. (#7) #2455 ROGER AND KRISTINE STRAUMAN, 123 CHEVY CHASE DRIVE, VARIANCE, 7:48 p.m. - 7:60 p.m. Roger and Kristine Strauman were present. Van Zomeren presented the staff report. She said the applicants are requesting a lot area variance to remove the existing residence and construct a new residence. The lot Is approximately one-half acre. Staff recommends approval of the lot area variance. Roger Strauman said he has talked to the neighbors and they do not object to the proposal. There were no public comments. . White moved, McMillan secondec, a motion to approve Application #2455, Roger and Kristine Strauman, 123 Chevy Chase Drive, for a lot area variance. VOTE: Ayes 4, Nays 0, (#8) #2457 DAVID AND PAULA LINDBERG, 1392 BALDUR PARK ROAD, VARIANCES, 7:61 p.m. - 8:30 p.m. David and Paula Lindberg were present. Van Zomeren presented the staff report. She said the applicants propose to tear down the existing house and construct a new house and garage. The surveyor has submitted a revised site plan that would eliminate some the variances. One of the concerns that staff had Is that the driveway was not sized to allow for an adequate back out area. The surveyor did redraw the driveway to provide the applicant with a better backing out area. All of the structural hardcover is located In the 75-250' setback. Van Zomeren displayed the elevations for the proposed residence. The proposed residence is different that the O’Keefe proposal! The lot has the 0'-75' setback requirement on two sides. In this plan, the garage is detached and located closer to the street and more of the hardcover is put into structure rather than driveway. Structural coverage on this proposal Is 4,804 square feet or 15.12%.- The variances that this application would need are for hardcover in the 0’-75’ setback for the driveway, and hardcover in the 75'-250’ setback. Grading for the driveway would require a conditional use permit because R is within five feet of the property line. She also recommended that the cond'itional use permit language reflect that the topography be restored where the foundation is removed. The applicants had no comments. Pages J ORONO PLANNING COMMISSION MEETING MINUTES FOR FEBRUARY 16.1999 . (#6) #2464 GREQ AND MARCIA BARNUM, 160 MCCULLEY ROAD, AFTER-THE-FACT CONDITIONAL USE PERMIT, 7;39 p.m. - 7:47 p.m. Marcia Bamum was present. . Van Zomeren presented the staff report She said the property has 179’ on Bayslde Road and the , . • length of the lot follows McCulley Road. When the property was platted, the address of iso McCulIey Road was assigned; however, the front of the lot Is the narrow end on Bayslde and one of the Issues to be addressed Is whether or not to recommend that the address be changed. Van Zomeren said the applicant contacted Hennepin County and obtained a driveway access permit from Hennepin County. As the driveway was being Installed, they discovered debris buried on the property. A land afteration permit Is required because more than 500 cubic yards was disturbed. The City Engineer, Tom Kellogg, reviewed the plans. He questioned the purpose of the stockpile of dirt and he wanted to ensure that the septic sites were not disturbed. Van Zomeren said staff does not believe that the septic sites have been damaged or disturbed. Van Zomeren did not receive any public comment except from one neighbor who was concerned about the distance of the driveway located from the Intersection. Access from McCulley Road is not feasible to achieve an 8% slope or less for the driveway. Sandy from Diversified Const said the stockpile of dirt will be used for fill around the house. Mabusth asked when the applicant plans to get the building permit for the new residence. Sandy said they applied for the building permit and It will be issued after this matter is settled. Mabusth asked if the applicant would have a problem with the Bayslde address. Bamum said it would not be a problem. The entrance from Bayslde is much more gradual than from McCulley. There were no public comments. McMillan said the driveway entrance from Bayslde would be a much better option than McCulley. She said the applicant should not have to pay after-the-fact fees for this application. Van Zomeren said that the conditional use permit Is needed because as the project progressed, more than 500 cubic yards of dirt was moved around. It Is not known how much dirt would have been moved around for the driveway If conditions had been typical. The e^dstlng conditions on the site that were unknown led to the problem of the amount of soil that was being moved. David Dunn, a neighbor, said he feels another driveway on Bayslde creates an additional traffic hazard^ He asked If there could be additional signage for a hidden driveway. Mabusth said Bayslde Is a county road and Mr. Dunn should contact the County Highway Department regarding signage. Page 7 ORONO PLANNING COMMISSION MEETING MINUTES FOR FEBRUARY 16,1999 (its) #24S7 DAVID AND PAULA UNDBERQ^ 1392 BALDUR PARK ROAD, VARIANCES Continued Julie and Mark VerSteege, neighbors to the north, said they want to make sure the runoff stays on the applicant’s property, and does not drain Into their basement. Mabusth asked If the applicants have submitted a grading plan. Van Zomeren said the plan was submitted to Tom Kellogg, the City Engineer. He said to make sure silt control fences are used. The City Engineer’s first review did not flag any rtajor concerns. Mabusth asked If the surveyor has confirmed that there Is no average lakeshore setback problem. Van Zomeren said yes. Hawn asked If the applicants have looked at reducing the structural coverage by 40 square feet David LIndberg said they are willing to reduce the structural coverage. McMillan questioned the detached garage. Undberg said an attached garage would require a larger driveway and additional grading. McMillan suggested repositioning the garage In order to reduce the slope and Improve safety. Mabusth questioned why the O’Keefe application was so much lower in hardcover In the 75'*^250’ setback. LIndberg said the O'Keefe’s had more driveway and a smaller garage. Mabusth asked how the other commission members felt about the hardcover In the 75 ’-250’ setback. Hawn said this is a difficult sHe. She would like to see the structural coverage reduced by 40 square feet. Mabusth asked staff to review the variances that would be needed with the oirrent plan. Van Zomeren said they would need a variance for the 0’>75 ’ setback on the south side, a variance in the 75 ’-250* setback to allow 33% where 25% Is allowed, a conditional use permit for grading within five feet of the property line and restoration of the topography. McMillan asked about the O’Keefe’s plan and what the amount of hardcover was In the 75 ’-250’. Van Zomeren said it was 5,725 square feet. Mabusth asked if the garage design would match the house. Undberg said the garage would match the house. Mabusth said the Commission would have a problem approving 33% hardcover In the 75 ’-250’ setback. She asked about the hardcover that would result from the porches. Van Zomeren reviewed the square footage of the hardcover. She said they would need to reduce 1.000 square feet to meet the 25% requirement. Pages f ORONO PLANNING COMMISSION MEETING MINUTES FOR FEBRUARY 16,1999 ___________ 1392BALDUR PARK ROAD, VARIANCES- Hawn recommended that the applicants reduce the size of the porches. Mabusth suggested that the appjlcants work with staff to reduce the amount of hardcover. dISj I.®* ® a necessity.' She rants to make sure the applSon 75 -250, she is Inclined to approve something similar to the O’Keefe ^Onm^Xotte ■* ® "amshlp. The porches contribute IheS'I^ASh*llf f couW b« changed to meet the hardcover requirements. She recommended they meet with their architect and work on the design. »»nena«i thaUt fe cJwe stiiictural coverage and reduce hardcover so ♦ • * ♦ w^thrm1S*21min«?^ driveway approach. She does not hardcover hardcover In the driveway and reduce safety In order to add more building Se^d^ew^ ** adversely affect their application to make a more gradual slope for ur^fe ® *^® ® hardship because she does not want them to have an thfpSJrt^SMon ®« “niesbefore Hawn asked if the applicants need to give their permission to extend the 60-day time limit. She SUed ?n mAr,A *'’® ®PP”®®"*s ® ‘etter regarding extending the 60-day time IlmH. might l^a1,!r^'*bi«;i’Sre,;vs~ Ha^ moved, McMillan seconded, a motion to table Application #2467,1392 Baldur Park Koaa, lor variances and a conditional use permit until March 16,1999. VOTE: Ayes 4, Nays 0. Recess. 8:30 p.m. • 8:35 p.m. • • ' • 200 WAYZATA BLVD. W., CONDITIONAL USE PERMIT AMENDMENT, 8:36 p.m. - 8:60 p.m. Louis Oberhauser was present. ’’®P°^* Wayzata Country Club has recently developed a fo fhfi*r»Sf«!?l!5® ®JL*!'^® ®.° ^ As part of the master plan, the Wayzata Country Club applied hnScS ift I a Condrtlonal Use Pennit for reconstruction, relocation or addition of tees for each of of thA orlAnf and addition of bunkers along fairways and around most ThA *^® P*”®]®®* lf>® expansion of three pond areas on the property, ne <.,ity approved a conditional use permit to complete the work on the tee boxes and bunkers Page 10 fj J. li I TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: DATE: ■ Liz Van Zomeren, City Planner/Zoning Administrator H^isci4 ^TShma^9,1999 t ] SUBJECT;#2457 David and Paula Lindberg 1392 Baldur Park Road Variances —Continuation of Public Hearing Zoning District:LR4B One Family Lakeshore Residential District (1 acre) Lot Area:31,760 sq. ft. (.729 acres) Exhibits: A B C D E Waiver Form Elevations Notice to applicant Revised survey Hardcover worksheets Previous Staff Report from February: A Application Plat map Property Owner’s list Existing survey Proposed survey Hardcover worksheets Elevations F2&3 Floor Plan G PC Minutes from 5/18/98 PC Minutes from 6/15/98 PC Minutes from 7/20/98 CC Minutes from 7/27/98 CC Minutes from 8/10/98 Resolution #4143 B B2 C D E F H I J K L U2457 David end Paula Lindberg 1392 Baldur Park Road PC-3/15/99 page-J I Application: This application was reviewed at the February 1999 Planning Commission meeting. The Planning Commission suggested that the applicants redesign their proposal to limit structural coverage to 15% and reduce hardcover. The applicants are proposing to remove the existing residence to construct a new residence. The property is on a peninsula and has two lakeshore setback areas. A variance to allow a driveway in the south 75' will be required for access to the zoning lot. A variance to build a new house in the 75'- 250' setback is requested to allow 4,910 sq. ft. (32.33%) hardcover where 3,797.5 sq. ft. is allowed. The plan presented in February requested 5,080 sq. ft. (33.44%) hardcover in the 75'-250‘ setback. The new plan reduces hardcover ^m 33.44% to 32.33%, or a reduction of 170 sq. ft. Pertinent Ordinances: Section 10.22, Subd. 1 and 2. Section 10.55, Subd. 8 Section 10.56, Subd. 16(J) and 16(L) Section 10.03, Subd. 19 Section 10.25, Subd. 6 •j. it H ^2457 David and Paula Lindberg 1392 Baldur Park Road PC-3/15/99 page-2 ANALYSIS Lot Area and Yards LR'IC District Standards Lot Area Lot Width Street Yard Side Yard Lakeside Yard 1/2 acre 100'30' • 10'75' and ALS* * Average Lakeshore Setback Subject Property Lot Area and Yards Lot Area Lot Width Street Yard Side Yard Lakeside 31,760 sq.ft. (.72 acres) 97.5' at shoreline; 113' at 75' setback 75' proposed to garage ir to garage; 15' required for garage over 750 sq. ft. >75'; porch may encroach in the ALS The lot meets the lot area requirements and the lot width requirement because it meets the 80% lot width requirement. The proposed plan meets the lakeshore, side, street, and average lakeshore requirements. Structural Coverage Total Lot Size Total Structural Coverage Allowed (15%) Proposed Structural Coverage Proposed Percentage 31,760 sq. ft.4,764 sq. ft.House=2,446 Porch=l,407 Ovcrhangs=187 Total =4,040 sq. ft. 12.17% The revised plan reduces the structural lot coverage from 15.12% to 12.17% by replacing the detached garage with a 3 car attached garage. U2457 David and Paula Lindberg 1392 Baldur Park Road PC-3/15/99 page-3 1 Hardcover Distance from Shoreline 0'-75' (NORTH) 75*-250’ 0'-75' (SOUTH)’ Total Area in Setback 7,830 sq. ft. 15,190 sq. ft. 8,740 sq. ft. 31,760 sq. ft. Existing Hardcover 686 sq. ft. (8.76%) 4,420 sq. ft. (29.10%) 3,346 sq. ft. (38.28%) 8,452 sq. ft. (26.6% of total lot area) Allowed Hardcover NONE 3,797.5 (25%) NONTi 3,797.5 sq. ft. (25%) Proposed Hardcover NONE 4,910 sq. ft. (32.32%) 900 sq. ft. (10.30%) Driveway 5,810 sq. ft. (18% of total lot area) Variance Requested NONE 1,112.5 sq. ft. (7.32%) 900 sq. ft. (10.30%). 2,012.5 (6.33%) The applicants are proposing to remove hardcover in the northerly 0'-75 ’ section of the lot where no hardcover is allowed. The plan would remove the existing hardcover in the 75'-250' setback and replace it with, new construction which would require a variance to allow 32.32% where 25% is allowed. The plan proposes 2,012.5 sq. ft. more hardcover than the maximum allowed by the ordinance. This lot, however, has two 0'-75' setbacks and a minimum amount of hardcover is needed in the southerly section to provide a driveway. The proposed driveway requires 900 sq. ft. of area in the 0'-75' setback.. The previous resolution #4143 for Gary O’Keefe granted a variance to allow a 2,440 sq. ft. house with an attached garage (680 sq. ft.) with stoops, walks and patios (360 sq. ft.). The driveway was proposed at 2,245 sq. ft. The previous plan was for a rambler with a two car attached garage. • Resolution #4143 Revised Plan 3/99 House 2,440 sq. ft.4,040 sq. ft. Garage 680 sq. ft. Stoops, walks, patios 360 sq. ft.60 sq. ft. Driveway 2,245 sq.ft.1,710 sq. ft. Total 5,725 sq. ft.5,810 sq.ft. U24S7 David and Paula Llndberg 1392 Baldur Park Road PC--3/I5/99 page-4 Each variance application must be reviewed separately as a unique application. The applicant needs to demonstrate that there is a fundamental reason why the City should depart from the Code requirements for hardcover. The need for a hardcover variance in the 75'-250' setback is a design issue and is not due to any uniqueness of the lot. Hardcover could be reduced through redesign to 25%. STATEMENT OF HARDSHIP The applicant has indicated that the hardship is having two 0-75' setbacks. Having lake views on each side, however, is an amenity. It also does not impact the size of the residence because there is 15,190 sq. ft. of lot area in the 75'-250' area to build a house and a garage. STAFF RECOMMENDATION A hardcover variance is appropriate for a reasonable driveway in the 0'-75 ’ setback on the south. There is no hardsh ip for the amount of proposed hardcover in the 75'-250' setback. A house, garage, with a driveway that does not exceed 3,797.5 sq. ft. could be constructed on this site. Economic consideration and design preferences are not considered hardship under state law. It2457 David and Paula Lindberg 1392 Baldur Park Road PC-3/15/99 page-5 I 3 i A WAIVER FORM February 17,1999 David and Paula Lindberg 3440 North Shore Drive Wayzata, Minnesota 55391 Re: #2457 1392 Baldur Park Road I am requesting continuation of the review of my application for conditional use permit and variance. I rel^e and waive any of the City’s obligations to proceed and conclude review of my application in a timely manner which includes any statuatory obligation for timely review. Dite * • • • • ____.• M flu 2;^ a UJ §M VA </) e (A O < o Z M -J H 10 t/i , (O Z m ly u. M K • oN D _ _ iH < U. H SS M M e,o Z fH C9 %T M inz m n UJz ssss S !j I 40 > (0 <0 Ul UJ H Sis*-*- vii t P Ul K r-l Z ^ to UJ oc ko o < m P flL . 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UJ zo < H Z V) tt H O ^ lA. Z C/) M ce UJ sEa. UJ 0, o K CL O u M 0. UI X, M M XHO <o CMO UI u ►- < • • • • As z> \/>m cL \£Q C/) O h- K U) O UJ U ttUI UI * HKg I I*|U o S5P< o < U M HU Z SSiu < A. UI UI O Z flL Z < A. a. Sp Q* U. UK O tn^ U) < u u c z z P z o z U M < >o < UJ u c/i r o M K Z U U O V U 2S Ik \ ►- <a . _ * “* g§csg M lu UJ Pili s Z UIu zu zUI z z M Z O O r I •f 1 . 1J II (L cmr OF ORONO P.O. Box (6 Crystal Bay, MN 55323 473-7357 ZONING FILE #2457 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: February 17, 1999 TO:David and Paula Lindberg 3440 North Shore Drive Orono.MN 55391 COPIES TO: T\TE OF APPLICATION:Variance/Conditional Use Permit DATE OF MEETING: 2/16/99 VOTE:4 FOR 0 AGAINST Planning Commission recommends the following: Tabled for reasons noted below. NOTES AND SPECIAL CONDITIONS: 1 . Need to reduce hardcover in 75-250' setback. 2. Need to meet 15% structural lot coverage requirement. 3. Grading plan for conditional use permit. Applicant's next scheduled meeting is dependent upon receipt of additional information. Deadline for the March 15 1999 meeting is February 26,1999. If you desire certified copies of the ofidcial Planning Commission minutes, they are available fi'om the City Recorder after review and approval by the Planning Commission. X:\APPS\WPWlN«0\WPDOCS'CAROLE\PCACnON\2437 ■ J ( ________TEgJZIAl ^ existtor ha ^co ’^r A- House Length X X X } — • B»- Garage - C. Driveway ‘ - ^ D. Sidewalk X X X X E. PatioTDeck X X F. Landscape Underlain By Plastic ^Or Fabric X X X G. Other total hardcover in zone total property area in zone ■ ■ A___________- B PROPOSED HARncovF.R y^njsnp .. .A.- House. Length X X X B. Garage C. ‘ Driveway' > • • • • • X X D, .Sidewalk \ V X X E. Patio/Deck X X F. Landscape Underlain By Pla.<tic' Or Fabric X X - O.^Other X TOTAL HARDCOVER IN ZO^^E total property area in ZONE ^ S im 4 C-V/^ noN ^ 75-250' 250-500 hardcoverxialculation worksheet Width X 100 Width B yS*3o xiool- «r '‘f''- 2-/^-9 9 500-1000'^^t, 3-2-?? T^So received 13 J mar 0 3 1999 Cl l Y Ori Oflowo S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. SF. S.F. S.F. S.F. S.F. S.F. S.F. .. A S.F. B % SF. SF. S.F. S.F. S.F. S.F. S.F. S.F. S.F. SF S.F. S.F. S.F. S.F. S.F. S.F. A S.F. .B % f/A y ^ /Ayuo r k. o- HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) JEXISTING hardcover IN ZONE A House • • »• m 0-75' X 75-250’250-500’ * ' ZC -7 V •■(u. z-/<r-9 9 500-1000’ S.F. Lesgth Width X X X S.F. S.F. S.F. 'B. Garage C. Driveway S.F. X X S.F. • •.•S.F.--*’* D. Sidewalk X X flse-: • • • •« •• E. Patio/Dcck X X •* ’K,' F. Landscape Underlain By Plastic Or Fabric X X X » a t eVTY S.F. S.F. S.F. S.F. . 9. Other S.F. .¥ ‘ ■ TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A B X 100 S.F. S.F. % A B PROPOSED HARDCOVER IN ZONE' A. House g i A A gg _______X 2yy<TsF. f HARDCOVEgXALCULATION WORKSHEET A. House ^ . Length X X * • • • B. Oarage • • • •• _ .. C. Driveway,.X X D. Sidewalk X V X E Patio/Deck X F. Landscape Underlain By Plastic Or Fabric • mm •• • 0. Other ^ -i X total hardcover in zone TOTAL PROPERTY AREA IN ZONE A _ _ _ _ _ _ _ + B PROPOSED hardcover in ZONR • A. House Length X X X B. Garage C. Driveway X X D. Sidewalk X X E. Patio/Deck •w«* ••*■»••• . •* . X X F. Landscape Underlain • By Plastic Or Fabric X 0. Other X ••«••• •total hardcover in zone TOT/a_PROPERTY AREA IN ZONE A 9 OO -r. B Width B a cs s B X 100 Width m B s e syya xioo ■4 500-1000' tft/, 9-Z S.F. S.F. S.F. S.F.- RECSfVED. ■MAR-(||-1999 • oi I r vjr Oi'-^ONO ______S.F. _____S.F. SF. S.F. S.F. S.F. S.F. S.F. S.F. S.F. % A B S.F. S.F. S.F. S.F. S.F. foo SF. S.F. S.F. S.F. S.F. * S.F. S.F. S.F. S.F. SF. S.F. P7*/0 SF. /o.-9n Vo A B i <r i \ .1 FVcv I'oiAS • • TO:Chair Smith and Orono Planmng Commission Members Ron Moorse, City Administrator FROM: Li?;;yan Zomeren^pi^ PI jper/Zoning Administrator .DATE: SUBJECT: Febnnry 9,-I999 * • /' . #2457 David and Paula Lindberg 1392 Baldur Park Road Variances and Conditional Use Permit-Public Hearing • • Zonin® District: LR-IB One Family Lakeshore Residential District (1 acre) Exhibits: • • • • •r A Application B Plat map B2 Property Owner's list C Existing survey D Proposed survey E Hardcover worksheets F Elevations F2&3 Floor Plan G PC Minutes from 5/18/98 H PC Minutes from 6/15/98 I PC Minutes from 7/20/98 J CC Minutes from 7/27/98 K CC Minutes from 8/10/98 L Resolution #^143 Application: The applicants are requesting hardcover variances in the south 0'-75' setback and the 75'-250' setbacks and a conditional use permit to grade for a driveway in the 0'-75' setback and within 5' of the west property line. The proposed plan also requires a side yard variance for the garage to be located 11' from the property line where 15’ is required for a garage that exceeds 750 sq. ft. A variance would also be required to locate the garage closer than 10' to the prmcipal .§2457 David and Paula Lindberg 1592 Baldur Park Road PC-2/16/99 page-I structurt. The proposed plan also shows a portion of the porch possibly being located of the average lakes]^ore setback. The surveyor should confirm the average lakwhore setback line. The proposal includes 15.12% structural coverage where 15% is allowed. A structurid lot coverage variance is required. A previous application for this property was considered in 1998. The minutes and resolution #4143 regarding that application are attached to this report The applicants are prospective or new buyers of the property. Pertinent Ordinances: Section 10.22, Subd. 1 and 2. Section 10.55, Subd. 8 Section 10.56, Subd. 16(J) and 16(L) Section 10.03, Subd. 19 Section 10.25, Subd. 6 #2457 David and Paula Undberg /392 Baldur Park Road PC-2/16/99 page-2 ANALYSIS Lot Area and Yards LR-IC M .. it' District Standards Lot Area Lot Width Street Yard Side Yard • • * Lakeside Yard 1/2 acre 100’30’10’75’ and ALS* * Average Lakeshore Setback Subject Property Lot Area and Yards Lo t Area Lot Width Street Yard Side Yard Lakeside 31,760 sq: ft (.72 acres) 97.5’ at shoreline; 113’ at 75’ setback 75' proposed to garage 1 r to garage; 15' required for garage over 750 sq. ft. >75’; porch may encroach in the ALS The lot meets the lot area requirements and the lot width requirement because it meets the 80% lot vridth requirement. The proposed plan does not meet the side yard requirement for the garage nor the 10‘ separation of structures. It appears a portion of the porch may encroach into the average lakeshore setback. Structural Coverage Total Lot Size Total Structural Coverage Allowed (15%) Proposed Structural Coverage Proposed Percentage 31,760 sq. ft. • 4,764 sq. ft.House=2,126 Porch=l,820 Garage=858 Total =4,804 sq. ft. 15.12% 1 The proposed plan exceeds the allowed structural coverage by 40 sq. ft. A variance is required for this plan. U2457 David and Paula Lindberg 1392 Baldur Park Road PC-2/16/99 page-3 . i • ■ 1 Hardcover Distance from Shoreline Total Area Setback Existing •Hardcoil/r Allowed . Hardcover • Proposed Hardcover Variance Requested 0'-75* ’ (NORTH) 7,830 sq.ft. • 686 sq. ft. • (8.76%) NONE NONE ■ • NONE# 75’-250'15,190 sq.ft.4,420 sq. ft. (29.10%) 3,797.5 sq.ft (25%) 5,080 sq. ft. (33.44%) 1,282.5 sq.ft. (8.44%) 0'-75' (SOUTH)’ 8,740 sq. ft.3,346 sq. ft. (38.28%) NONE 640 sq. ft. P32Vo) Driveway 640 sq. ft. (7.32%) 31,760 sq.ft.8,452 sq. ft. (26.6% of total lot area) 3,797.5 sq. ft. (25%) 5,720 sq. ft. (18% of total lot area) +1,922.5 sq. ft. The applic^ts are proposing to remove hardcover in the norAerly 0'-75' section of the lot where no hardcover is allowed. The plan would remove the existing hardcover in the 75-250' setback and replace it with new construction which would require a variance to allow 33.44% where 25% is allowed. The plan proposed 1,922.5 sq. ft. more hardcover than the maximum allowed by the ordinance. This lot, however, has two 0'-75 ’ setbacks and a minimum amount of hardcover is needed in the southerly section to provide a driveway. Staff does not believe that the driveway is adequate to provide parking in front of the garage. The previous resolution #4143 granted a variance to allow a 2,440 sq. ft. house vrith an attached garage (680 sq. ft.) with stoops, walks and patios (360 sq. ft.). The driveway was proposed at 2,245 sq. ft. ^2457 David and Paula Lindberg 1 392 Baldur Park Road PC-2/16/99 page-4 • I House •vvi* Garage Stoops, walks, patios Driveway Total Resolution #4143 2,440 sq. ft. it .. ii' 680 sq. ft. 360 sq. ft. 2,245 sq.ft. 5,725 sq. ft. Application 3,946 sq. ft(includes 1,820 sq. ft. for porch) 858 sq. ft. 156 sq.ft. 760 sq. a.(not enough parking area in front of garage) 5,720 sq. ft. The application proposes less hardcover than the amount of hardcover that was approved in the previous resolution. This application, however, requires more variances for side yard setback for the garage, setback between the accessory and principal structures and a structural lot coverage variance. Staff also does not believe that the driveway was drawn to adequately reflect what is typically needed for a parking area in front of a 3 car garage. Where the previous application required a hardcover variance to allow a longer driveway to match the topography and to allow an attached garage, this application minimizes the non-structural hardcover for a driveway by proposing a detached garage with a narrow parking pad. More hardcover is put into structures~for the larger garage and tlie porch. The need for a hardcover variance in the 75-250' setback is a design issue and is not due to any uniqueness of the lot. Hardcover and structural coverage could be reduced through redesign. The Planning Commission should also consider the location and size of the detached garage as the garage doors will face the lake and the adjacent property to the west currently may enjoy a view of the lake through this area, i he average lakeshore setback does not apply to the street side of this lot even though it is located on the lake. STATEMENT OF HARDSHIP The applicant has indicated that the hardship is having two 0'-75' setbacks. Having lake views on each side, however, is an amenity. U2457 David and Paula Lindberg 1392 Baldur Park Road PC~-2/l6/99 page-5 • • • • , STAFF RECOMMENDATION A hardcover variasce and ronditio^ i^e jpnnit is appropriate for a reasonable driveway in the 0- 75' setback on the south. That does not justi^, however, granting a hardcover variance in the 75’- 250’ setback where a house and garage with ^veway could be constructed with less than 3,7?7.5 sq. ft of hardcover. No l^dship exists to grant variances for side yard setback, structural coverage or to reduce the 10' required distance between the principal and accessory structure. Further, no hardship exists to locate the porch ahead of the average |akeshore setback. Staff recommends that the applicant redesign to reduce variances. A hardcover variance in the southerly 0'-75 ’ setback for a driveway and a conditional use permit to grade would be feasible. It • • •V ^2457 David and Paula Lindberg 1392 Batdur Park Road PC-‘2/16/99 page-6 • • Application^* H S "7 Date Received " Amount Paid crry of oreono -.variance application Initial Application Fee $250.00 • • (S50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from ori^al application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION , . Site Address rArW Property Identification Number (P I P.)____t_ «__1 j______..____nn reauu'Attach legal description to application if not included on required survey. Date Pro perty Acquired,(month/year) I (do) noD^also own the adjacent parcels of land. Present use of property: ___other (specify) Zoning District: / APPLICANT -) i \ ti ^ Name jr Vm!^ L* Address; ^Muo JU» A')/kftVlU (DU-'S’ftl-lftlT Phonefhome"! (ol2~t4"?l'‘TS^(!> Phonefwork l. . *4b7.~^lQt -^Citv: i^vr.'AO t»sy Z\f.,ss2al *HHS O^R Of different than applicant) Phon*rr wr:'3:e Phone (.onO^ML^ Address: ' Ctyf-----------------Zip:------------City: Estimated Construction Cost S ^co^eai.oo_DESCRIPTION OF REQUEST ----------------. — ■ .. ^ Describe request in detail. ^ ^ ^ U)4ii w<u) qg'^aVa^i VAMANCES REQUIRED Lot Area c. Setback: Lot Width ^ • • Front __Side X Hardcover 0-75-) Lot Coverage Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDmONS Describe undue hardship or practical diffic^ or unusual proper^ compliance with Zoning Code requirements:'7?g/^^ r$ ^(4*r Jn fftty k o-lS' --------------- (attach additional sheets if necessary) ilf.O 0 VO -V ‘•"I ffg ^ ^ ■ i“... Vn , "'h C>T~n 7 “«a3 % „ #245 ’? • • r4 C. N? K1 U| H .. ii * • • • • 5^: %0 o f-4 10 !ca olU • Z o H 10u _ <0 Z *J Z r4 RS^^SSS^gZ<«40 o CO z•H e S >T 2ro «a CM nT in 10 V) ui ^ .I )r5£xasui^ Cj/ ' H I sisO O M M 10 »l ^ O 10 _ O «J «l M «J « O M M K O. • M e Z Z H Z Z 10 CO >ro z < < < z CM O M M ZI u u. u. > <fv < y. u. uj fc • CO 40 UI M CO ly um 3o ^ ^ O COHXZ^H 10 e u U CM 40 CO ^ Z•o 10 uj ^ S40 X Z ^ 10 Ui u P 40 CM Z H £I O M U z r4 Z Z _ X I c CO o o •-« < o « *J ^ ^ Z to O O _ 40 O z Z X 40 « o < < O M lO o X X 0 z o in 2. • Wo o s lUtt XUJw i/J >«n zoM ni tt O Mi O. > O H* ft ft C. Ml h Kz ft ou M ftMlI O' yj < Q Mo 10 i su S ii/?' 5 ^ .■s _ M @ % • I Z) tn \e f : f .I I . f cn ft t) §• ttJ III |Sg-s5§ iai . UJ Ml o ft ft ft KX-I • ft fc® in < «sn H}2i®3u o ft lU Q fto ^g5§fEg|| K inft HI Ul ft O ft III ft ft M ft O O £ ^ 1 « f c if N •.* •i • • » • Ik ir-*T*/^Ml/ A ^ »m *0 «••>* ••• • .. I *: •< • •• • • •• •• •• t« • • • ^ •• mm- •• • • ••• • • • • • • I »• • •• t mmm» •• • t • I •• •• • * • • •• « .. ••• »• •• • , • • • • • M «••• : CERTIFICATE OF SURVEY FOR . .....! .! ..DAVID & f=AULA .LINDBERG ! . OF LOTS 17 AND IS. BLOCK 1, BALDUR PARK .HENNEPIN COUNTY. MINNESOTA ' . . ^4'4-^ I . • • * • •s • • I * •" •• •• •» • LEGAL DESCRIPTION OF PREMISES: . Lolsi 17 ond 18, Block 1. Boldur Pork : This survoy Inlends to show the boundorles of tho c^ovo deswibed Sopo^tJ^ ond the locoUon of on existing hoop, goroge.- ond oil other visible "hordcover ” thereon. It does not purport to show ony other Improvements or encroachments. . 0 • : Denotes Iren morker j j »" Beorings shown ore bosed upon on assumed dotum OoU<m: Meon see level * • / «;sTP 1 ov anv-. HARDCOVEg^LCUL ,^,Mr ' Leag*Jt Width 500-1000' _____• s.?:• mm • X X X B: dar^: S.F. S.F. S.F. •»:c • • • • • • .X ll-S.F. .C, Driveway./,,;" ,:x. X m • •• S.F.- S.F. _ p. Sidewalk X X E. Patio/Deek S.F.. S.F. X X S.F. S.F. F. Landscape Undcrlc.n By Pits:.: Or Fabric X X X S.F. S.F. S.F. •m •» G. Other X S.F. “J ’^IARDGOVER IN-ZONE-• TOTAL propert y ^A IN ZONE A _ 53>4to + B _VH yi xlOO 30.7.© ^(^OSED HARD cn VPR in 70^, • S.F.' • A S.F. B % *• m • ••Length WidUi S.F. • • • • •• •• • • •X X X Garage •• * C. D.-iveway S.F. S.F. S.F. • ••>•• • S.F. X X e s D. Sidewalk •••• ^ • • • <T Vd? S.F. ______ S.F. X X E. Patio/Deck S.F. S.F. ^ • mm m X F. Landscape ___Woderlain. .. , By Plastic Or Fabric S.F. • •• S.F. X. X X S.F. • • IJ. S.F. • S.F. • Q. Other X• ••S.F. • *• ••• • total HARDCOVER IN ZONE. .. TOT^PRO.^ERTY AREA-IN ZONE- •A*‘ ' •_ “ + B / S.F. Zl^O XlOO JP7Vd? S.F. —2i_22_*/9 A B • • i \ XB-CAI Co-^OEXISTC^G HARP rpVER in zoryfy yuZTTiw A. House Length X • X X X Width 500-1000’■ ■' u _______S.F. • • Br-Oarage - C. Driveway' * . * •*. • D. Sidewalk • • E:.Paiio®ecfc‘- •viA [jZSk *jc • •• • • X X X X >• • • ••»« • •• •• —^F.- Landscape " “ -•• • irnderlain ___ By Plastic Or Fabric V • O. 'Other • •• • •»# • • • . < X X X X X X B » S.F. .S.F. .S.F. • « S.F. ’S.F. S.F. .S.F. S.F. S.F. S.F.' S.F. S.F. y •' • TOTAL HARDCOVER IN ZONE TOTAL PROP^TY AREA IN ZONE •LdL PEQPOSED HARDCOVirp • :. .A.. House. . . »• mmmm •• • • • 9m m Lcnfth + B w • .X X X X It 30 • • • • xlOO tTTb S.F. S.F. .. A S.F. ' B % WMth -- - S.Ft B. Oarage • • • . C.‘.Driveway’ • t • • • • • • 0i *0 m * • * »• • ••• • m O. - SCdcwalk E. Palio/Deck • • • • • — m •• • • •• • • 4 F. Landscape Underlain By Plastic Or Fabric O. Other •# •• • mm •• • mm m mmm ^%mmm •• • mm X* X x’ X X X X X X X a a. 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. total HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE + B 7<PJc>X too S;F.:..-. • •• • • • • S.F. A S.F. B % • •• • •• • • •• »« • • • • m •mm • m • « •• •• * ••mm m • • • • • •• •• • • HARDCOVER CALCULATIOUWORKSHEET SETBA'CKZONE: (CIRCLE ONE) 0-75' r. -EXISTING HARD envy p |]m .. . A ____ “ • • • • • 1 * 75-250 ’250-500 ’500-1000’ A 'House • •LtnfOl S.F. \vi<fih X X X • • • • S.F. S.F. •• S.F. B. Oarage • •• • • . . ■ — C.•^!)riyeway" ; ''iiis'X *i'-t S.F. X X S.F. S.F. D. Sidewalk • • X X S.F. S.F. »# •• •• • • ** ^ E Patio^eck X X S.F. S.F. •—--F; Landscape ... Underlain' ..... ByPlasdc ____ Or Fabric X X X • • S.F. S.F. S.F. • • • • • P. .X S.F, t; -4 • •• • • • • •• •••••• a • #• 'TOTAL HARDCOVER IN ZONE' TOTAL PROPERTY AREA IN ZONE • A j±kT=o_ * B ..JvL3o S.F. A S.F. B x.lOO PROPOSED HARDCOVER IN ZONE' A House ________ X • Lcagth ■- • - C fj .? •• X Width A • 2,/Op S.F. « . ■ • /S' S.F.' ■ • • ••• • V.X S.F. S.F. • • B. Oarage • • • C. Driveway J3 X ze 8.^8 S.F.. - • • ••• X .. X . . ■/2 0" S.F. ■* S.F. -D; Sidewalk- • • •• ••• E. Patic/Dcck X X • • /S€ S F. S.F. • X X /^2 0 S.F. S.F. • • • •• •• F. Landscape Underlain By Plastic __ Or Fabric X X X S.F. S.F.' S.F. •• • G. Other X S.F. TOTAL HARDCOVER IN ZONE -----------total PROPERTY AREA IN'ZONE ' A SOPO + B />/^70 xlOO ^^80 S.F. A fS. ~ S.F." 6 w • _y « ‘ • • •• mm-m I >• •• •• •• • ouiOH )S3Apuri sr^j-q •A« CX»C9-9 owro^f «itwwwO«»« 2Li!<! wm • |9^ ^f k»t I491C03 • • • • • i k li 'Sh T t ? ~imm J5 OC 5 k 5 > U1_aui 2 S I Ul od Il!3 Is© iSba I 5-' isV !' ; Ci.?^ ' s 5 %• i •m •4* 2. Is® I •siOlUOH gn *Viv# •hi11HOlfitO & VVrrfTSS «t •.V I !ill!«i 1 IP •k 4 £5 ID n•** •• *.rs^T****T • X' c 3 a \ ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18,1998 -----=:----*. 'ir ^ . (#12) #2370 GARY O’KEEFE,. 1392 BALDUR PA3^ ROiU)- VARIANCE AND CONTHTIONAL USE PERMIT - 9:42-10:07 P.M. • • The Certificate of Mailing and Affidavit of Publication were noted, Applicant was present. Gaf&on rtported this is a request for variances for hardcover as well as a van^ce and conditional use penult for grading within 5' of a lot line for construction of a new rwidence to re^««.tte existing home on the property.' This is a confoiming lot as to lot area, and meets the 80/«wid standard for the LR-IC zone. Applicant proposes to tear down the house md garage, and replace it with a house that meets the lakeshore setback and side setbacks. The applicant proposes to lower the to? of the hiU, and ftis requires grading within the 0-75' and 75-250’ zones, todmg m the si e would result in fill from the new basement excavation bemg placed new the road to accomodate a new attached garage. The applicant proposes a walkout which requires excavation m the 0-75 zone. Gaffroa noted that staff recommends approval of a hardcover varianc** *>“1 b'cs^e of the mature Uees, it is difficult to recommend cutting down the hill. Staff also reconunends denial of the excavation to create a walkout based on past Oty practice and the goals and policies against shoreline topography changes as noted in the Comprehensive Plan. • • m ^ 1, .considered as a bluff. Mrs. O'Keefe said there is a hardship, as they need something on the south side of the lot to get to the garage, noting the topography of the site. Lindquist a^ked for any public comments. There were none. Applicant noted that grading in the 0-75’ zone wiil be necessm.to r^v^ the Pr^-t ^0^ “ problem is there will still be a --------- _ . present foundation is removed and the site brought back to match existing gra es ♦ ■ a ! ORONO PLANNING COMMISSION MEETING minutes FOR MAY 18,1998 (wl2-#2370 Gary O'Keefe-Continued) McMillan asked if cutting the hill was intended as a means to’obtain fill for the back of Ae'site. ’ App.leant replied no it was to make the lot more level with the neighboring properties. After additional discussion wth applicant and indications by various Commission Members that the proposal could not be recommended for approval without certain revisions. Lindquist moved. Smith seconded, to table Application #2370. Vote: Ayes 5, Nays 0. • • (#13) #2371 TIM AND LORIE LINE, 4415 FOREST LAKE LANDING - CONDITIONAL USE PERMIT -10;08-10:12 P.M. The Certific9ls of Mailing and Affidavit of Publication were noted. Applicaaf presen! Van Zo.meren report^the applicant is requesting a conditional use permit^ land alteration in a floodplain to scrape ona^ch of lawn to fill in another area in the yardjfiKpproximately 40 yards would be used to top the tn^d 50 cubic’y^ds to be redistributed. Sta^ recommending app.^Dval subject to applicant installin^ilt fencing and obtaining proper appal^l from other agencies. Applicant is doing this project ir^orapliance with the Watersj/h District as there is a v.'etland. Smith asked any for public comment^ None. Hawn moved, McMillan seconded, to recoi^^end a^roval to grant conditional use pennit. Vote: Ayes 5, Nays 0. (#14) #2373 STEVE BECK, 2795 SHADl^^S^ROAD - VARIANCE -10:13-10:30 P.M. The Certificate of Mailing and Affidavit^Publication\Si;e rioted. ‘ Applicant present. Van Zomeren reported it is aonyTLR-lB, and applicant is asking for a hardcover variance to allow a deck away from the Narrow^hannel. Approximate hardcover of 19.3 % is proposed to build a deck on the west side of tlw^sidence. The house is 8 feet from the channel. Staff is recommending to remove hardcover to riomply. ORONO P2-AXMNG COMMISSION M EETING MINUTES FOR JUNE 15.199S (v4 — i^2383 Christina and Gary Valerius - Continued) wll require a variance for ^Y^tland credtt ard lot \vidin. Lot 2 consists of 2^8 acres, \rith 1.93 acres' being buildab^- Wetliyids cerq^rise at^al of 1.2 acres for Lois 1 and 2, which will require standard drstnace ard wetland eaeem»?ife “an directed that the new* lot COUld bc SCWCrcd. Alidrainage and wetland cietnsats. Council had directed tat the new* lot couid bc sewered. An application has been made to the Watssbed District for stormwater reriew*. • ^ Vi.i Zcmcitn stated the exlrfng access to die site is a p.*i>-atc erX-ewny off of Ba\sidc Road. Tr.e applicant needs to supply a well Iccadon tna? and a utility construction pon prior to final plat approval. • , . Christine Valerius stated she will be rtquesdng a wetland crcd> Valerius snted Hccncpon Ccun^y h£5 approved the driveway access. Stoddard questioned the need for a let widdi variance. Van Zc...crcn s*atcd l.*.c combr.cd lots fall five feet short of the recuired 410 feet for !ol widdn. N= additlcr.a: land is a\'a!lab:c fer acreisidcn to avoid the need for a variance. Van Zorcren roted only Let 2 would have lake access. Tr.ere were no public conunenls. • • Lindquist moved, McMillan seconded, to approve Application #2333 for a two Ic: subdhyioa of the property located at 3750 Bayrids Read that ir.iludes creating one new lot, a lo: width variance and wetland credit per Staff reccoimendatlins. N'OTE; Ayes 6, Nays C. OLD BUSINESS: CONTIN*U.ATION OF PUBLIC HEARINGS (=3) #2370 GARY O’KEEFE, 1392 BALDUR PARK ROAD - VARIANCE AND ^ CONDITIONAL USE PERMIT, 7i52 p.ra, - 9:04 p.ni. Mr. and Mrs. O'Keefe were present. GoF'-on reported that the F!ar..ninr Comrission prcviocsly reviewed the cpp!:cation at its May 18, 1998 meeting. Tr.e applies.nil is requesting a hardcoier varinnee as ;\uU as n v'ariance . d conditional use permit for grading widiia five feet tf a lot iinc ann wi:h;r. the 0-7o’ Inikcs.norc protected area to permit ccnstructior. of a new* rcsidene: to replace the c.^tl.ng rcsidmcc. Gaffron stated the 0-75* pretecled area exists or. both rides cf tlic lot which night constitute a hardship.• • At its last meeting the Planning Cemnaisrien recom.me-dcd that the Appl:ea.nt liinil • . ^ the hardcover to 40% in the 75-250 retbcck, if possib’:, and ta climi.natc ihewalltoua The AppUeaa. has submitted a reused sits plan which reverses the la^uu: of tlic house ana :!in::nn:^ tine wi..<cut, with some proposed changes to the drivr.vay to reduce the hardcover. Gaffren stated a hardcover \-ariancc, a conditional use permit and variance for exavatior. arc required. Staff recomcncr.aed limiti.ng hardcover to 6765 square fee's vn:h the aliov.cble hardcover in tine ?5-250 TrDnc limited to 25% GafTron noted the revised plan caT.s for 42.8% hardcover. If tiic 75 f:ot setback on brth cnc^ cf the parcel is taken into accoua*., the pmccscd hardeever weuld bc arour.a 33n a. r. order t: gren^ a variance, the Planning Conunis-icra rr.-st determine whether a hardship exists witr. regard to tac side setbacks. «1 ORONOPLANNING COMMISSION MEETING MINUTES FOR JUNE 15,1998 (#3 - ^2370 Gary O'Keefe - Continued) Ci^' StafiTis recoounendmig submittal of a revised grading plan, limiting the hardcover to 6765 sqi^rc feel Ojsrall, no\\alkeu^^and cv^^aling whether grading of the hill is appropriate in the 0-7S' • • • •.* s stoted he is willing to reduce hardcover by eliminating apdrtion of the driveway. ’• Chair Smith commented she had hoped the hardcover discrepancy could have been resolved prior' ‘ to tonight's meeting. O'Keefe stated that he calculated the hardco\'cr at 8,665 square feet based on his own n;casurc.Tents. Gafiron noted that the staff did not calculate tlic current hardcover but reUel upon an existe.g rurvey. Gafifron commented he would prefer having the O’Keefe's survev or calculate the amount of hardcover currently existing rather than have City Staff review the propertv*. GaSron indicated a bigger issue for the Planning Commission to decide upon is what is the appropriate hardcover for this property. 0 Keefe inquired why there are differences in hardcover requirements between Wav'aata and Orono when they share the same lake. McMillan Indicated Orono's ordinances governing hardcover are more restrIctivT. very little grading will be done in the area where the residence is presently I: was the concensus of the Planning Commission that a revised grading plan needs to be submitted in order to allow them to make a determination on a variance and conditional use penult. * • # 0 Keefe indicated he would be able to supply a revised grading plan by Tliursday. In response to a question by Chair Smith whether Mr. O’Keefe vvould be willing to reduce hard»ver in the 75-250 ’ zones, O’Keefe stated he vvould be in favor of reducing hardcover, noting thnl the rla.*in:ng Convuission had recommended hardcover be limited to 40% at its last meeting, wiiich he has attempted to comply with. O’Keefe’s architect has designed the residence with special pavc.*s which vvould allow water to pass through. Cc.T.m!ssioncrs agreed tliat grading to blend in with the neighbor's property was acceptable wiih an approved grading plan. Chair Smith inquired whether anyone from the public wi^cd to comment on this application. " • • • Dia.nn Goetten, City Council Representative, inquired why 40% hardcover was being recommended for this propertv*. * • • uiui tu/o in iHf /0-/DU zone vva:» suggcsico as a iigurc mat could be ootainatie to this parcel of land. Since the Applicant is now proposing to raze the existing stmcturc. tlic property* \\eu!d be constdered as a new* buildable lot, ’ * * * ... ar.d the standard hardcover requirements vvould be in effect. There was no further public comment. Hawn stated she wxiuld like hardcover to be reduced from 40%, noting that no vote was taken c.-. ORONO PLANNING COMMISSION MEETING MINUTES FOR JUNE 15,199S (#3 - #2370 Gary O'Keefe - Continued) S12S ticrj for that O’Keefe ccted that haxdcover\N'as excesshe because of the dri\'C\vty dcs:an based cr. clrintiohs, ■ • • • • r.cc bee?, .-se cf a large house. Lindquist suggested the desirable arrount of hardcover in his view \sould be 57 j ! square feet, or 25 percent cf the area within the 75 - 250* zone and the south 0 - 75’ zcnc. Ccair Smith stated the Applicant has the option of ha\*ing the Planning Cccror/iss cn %-ote on the ^ arplicadcn as currently proposed or tabling the matter to allow the Appl’.c^*t time to consider the varicus eptiens epen to him. Smith felt the application as pr«mlly suer.uitec \\n»uld not be recommended fc: approval, and if denied, there is a mandatory six month \\a:ilr.| period before a new app’ication can be submitted. O’Keefe stated he has attempted to comply with the requests of the Planning Co...niissico Gaffrba stated the current proposal for the hardcover is at 33% if you take tloe 75 setback conside.-tion. In order to reach the 25% hardcover limit, the Applicant must rciucc hn.*dc 1900 square feeu :k areas into cover by O’Keefe asked how remodeling the existing house would a^ccl hardcoN-cr ccrccrtagcs. Smith responded that requirements are the same for both remodeling and new censtruenon. O'Keefe requested the Planning Commission table the matter. Smith moved, Lindqu’ist seconded, to table Application W370. VOTr.: Ayjs 7, Nays 0. NEW BUSINESS: PUBLIC HE.ARl.NGS (?5) 2351 WILLI.AM .AND L.AWAYNE YAEGER, 310 BIG ISLAND - VARlAJjj^S, S:05 - S;27 p.m.. The Ce.tificats of Mai 'ublication were noted. Mr. -and Mc^^egcr a.nd their attemey, Wn Curtis’,1'icr.t. Gaffrc^atcd the applicants are requesting a lot arca/wj^(i^ricnc^^?i^|jv^;S"^^ Lot 6McS an independent Record Lot in the RS lakcshorc s::oact^i^|^«^acK an ^ hard^i^wrianccs for constmctiono^^i^^awnal cabin to replace r. pre-rxisun^ cabin, Gafrrcc no-ted the City rezoned Big Island from LR-1A-1 Single Family Lcjccm.o.^ Residential Suh-disL'ict to PxS, Seasonal Recrcatiornl, bac’»; in 1983. Lots 64-65 and Lots i-9-lO-l 1 were dcstjjnilcd Pvcccrd Lot 15 by \*irtuc of their common oumcrsKip by Roy Ahem. \ ha\c subsequently purchased Lot 64 from Ahem, with Lots 8-9-10-11-65 bcuig ou-cd b\ Nar.v> Fames. . 'A ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20,1998 (Kirk Oltteson, continued) Lindquist stal8tl'lft|ufpl^fe^i$ ov.er tl^ hardcover limitr^resff^ti^should be placed against the property restrj£)iilg7ui^er hardcover. Hawn noted agreement. Stoddard^^ended his motion by adding the stipulation that no additional hardcover will be allowed on this property. ■ Shlrl» WicVman slated the Planning Commission is inconsistent In tl^ applying of hardcover reslii»ons and perhaps should consider adopting a blanket policy to tpndle future hardcover reque; ■ Stoddar^kted the Planning Commission and City Council have^ld a joint meeting to discuss hardcover re^ggts, and the concensus was to be more consgp^llvb In granting variances to hardcover. Chair Smith commented soTfi^itardshlp aspects of th^roperty warrant additional discussion and review by the Planning CommlsslOTiN^^ theJprannlng Comml^ion Is trying to honor the existing codes on the books and to be as consisten^hpl^^le. Chair Smith said it Is Commission's intent to pul those propert^^ner^JlNiitigewho have exceeded the hardcover limit by restricting additional hardcover. Otteson staled he underslaad^ne stipulation. Hawn moved, Lin^l^^t seconded, to add a stipulation to the motion hardcover for the property located at 710 North Arm Drive. VOTE ON AMENDMENT AND MOTION:. Ayes e, Nays 0. (#2) 2370 GARY O’KEEFE, 1392 BALDUR PARK ROAD - VARIANCES AND CONDITIONAL USE PERMIT, 6:55 p.m. -7:13 p.m. Mr. and Mrs. Gary O’Keefe were present. Gaffron reported that the Planning Commission previously reviewed '2'® June 15.1998 meetings. The Planning Commission recommended the Applicants limit 25 percent^ the combined 75’-250 ’ and south 0-75’ zones. The Applicants were also requested to submit a revised grading plan. Gaffron staled the Applicants have submitted a revised plan calling for a total hardcover of 5,725 square feet which meets the Planning Commission’s recommendation from the last meeting, jne revised plan calls for a newly constructed one-story home with an attached three stall . Applicants are requesting a variance to the hardcover to add an additional 300 /®®* P . | which would yield final hardcover of 6,025 square feet or 26.3 percent. Minor grading Is prop the north 0 ’-75’ zone to blend contours from old foundation to new home. T^he grading plan needs to be further defined If revisions are still planned along the north 0-75 lot line, t Applicants are also proposing to construct an optional retention pond in the south 0 -75 zone lor potential mitigation of additional hardcover. Gaffron commented this new proposal meets the Planning Commission’s recommendations from the prior meeting, and Staff is comfortable with the revised plan. Gaffron noted Resolution No. 2831 adopted back in 1990 granted variances to this Pf0P«rty contained language in the resolution which led the Applicant to conclude that he was entitle Page 2 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20,1998 •• . • *. ** (Gary O'Keefe, continued) . naracover than what is being recommended by the Planning Commission. Hardcover back In 1990 without the two zones being combined was at approximately 6,800 square feel.- • ‘ Chair Smith questioned whether Staff had any concerns regarding the drainage for this property. Gaffron remarked Staff Is comfortable with what is being proposed. Mike Sharratt, Architect, stated the O'Keefe's have reduced hardcover by eliminating the patio and a portion of the driveway, but would like the Planning Commission to consider allowing a retention pond as mitigation in exchange for additional hardcover. Chair Smith Commented the architect has done a marvelous Job In bringing the plans Into compliance, but stated the size of the house could be reduced to allow for the patio. Chair SmUh asked for public comment.V-e/SfoM rsig, rieiMark Versig, rieighbor, commented he is aware and In favor of what the O’Keefe’s are proposing to do, noting that the drainage problems should be alleviated by the proposed grading. f • Sharratt stated what Is currently being proposed is the best plan for this property. Gaffron stated he is In favor of the retention pond but Is not convinced It should be used as mitigation for additional hardcover. • . * • • McMillan stated she would not be In favor of additional hardcover in exchange for the retention pond since It would be setting a dangerous precedent, but felt the retention pond would be an ideal solution *' the drainage Issue. Lindquist stated he was In favor of the proposed plan with the exclusion of the patio. Stoddard noted the size of the house or the driveway could be reduced to allow for the patio. Sharratt remarked it would not be feasible to reduce the drivev/ay any further. Sharratt commented if the hardcover is limited to 25%, he would not recommend reducing the size of the house to allow for the patio. Chair Smith stated she is in favor of keeping the hardcover at 25 percent, noting the owner will need to decide whether the patio Is desired. Hawn stated she also was in favor of limiting the hardcover to 25%. • Gaffron .commented if the O’Keefe’s decide to add a retention pond, that would need to be done under a separate application. • Lindquist moved. Smith seconded, to approve Application #2370, granting a conditional use permit for grading within 5' of a lot line and within the 0-76 ’ lakeshore protected area to permit construction of a new residence to replace the existing residence for the property located at 1392 Baldur Park Road, with the understanding hardcover will be limited to 25% In the combined 75-250 ’ and south 0-76* zones with no additional hardcover being allowed. Per the request of the O’Keefe’s, the patio will be eliminated. VOTE: Ayes 6, Nays 0. Pages .1 I ♦ ^ I ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 X « « (#7) #2370 GARY O’KEEFE, 1392 BALDUR PARK ROAD - VARIAN CES - ' ■ RESOLUTION NO. 4128 w W« • Mrs. O’Keefe .was present. Gaffron reported that the applicants were requesting a hardcover variance and conditional use permit and variance for grading within 5' of a lot line and within the 0-75' l^eshore setback to construct a new residence. The revised site plans meet the Planning Commission recommendation to maintain 25% hardcover, which is a decrease from 7,258 s.f, to 5,725 s.f. The applicants also' proposed a pond but the Planning Commission did not want to tie variance approvals to stormwater management Gaffron noted that no decks were proposed for this lakeshore property. The applicants have indicated they are willing to give up decks for living space, although a future owner may seek variances for a deck. Both Planning Commission and staff recommended approval of the proposed plans. Jabbour commented that Council had given Planiung Commission direction to limit the number of variances. Goetten indicated that she had been at ^vo Planning Commission meetings, and the current plan was a good compromise for the property. Kelley expressed concern about the mass of buildings on lakeshore properties. He questioned if Council would want to add a condition limiting additional mass, such as a second story, for this residence. Jabbour agreed with Kelley that massing is an issue and Council should contmue to monitor lakeshore structures for excessive mass in future applications. Goetten requested stronger wording in the resolution on Page 5, Condition 2. The word likely is to be removed indicating that no future increase in hardcover will be approved. 9 Goetten moved, Jabbour seconded, to adopt Resolution No. 4128 granting hardcov er variances in the 75-250' zone to permit construction of a new residence, and to permit grading and land alterations within the 0-75' lakeshore protected area. Vote: 5 Ayes, Nays. ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 10,1998 % \ II ■Hf PLANNING COIvIMISSION COMMENTS - LIZ HAWN, FFPRESENTATIVE # • • • • • Commissioner Hawn had no comments. * PUBLIC COMMENTS '*'1^ Gary O'Keefe, 1392 Baldur Park Road, requested an amendment to his building plan that was approved at the July 27 Council meeting to include a patio. He proposed to reduce the 3 car garage to a 2 car garage, with a full storage area beneath the garage, to allow for the addition of a patio. Gafi&on commented diat the revised plan seemed to meet tiie intent of the previous resolution. He further explained that hardcover would be reduced to allow for a patio by reduemg the size of the driveway and some rooms in the house, as well as the elimination of a garage stall. • • • • •• Goetten expressed concern about the proposed lower level storage area. Gaffron responded that no hard surface was proposed in front of the storage area. It would be accessed by a side service door and would be used for storage of lawn mowers, snowmobiles, etc. Kelley requested that the resolution include language stating that no future drive to the lower level storage area would be allowed, as well as no increase in hardcover. Gaffron agreed to amend the resolution approved at the July 27 meeting, and place the amended resolution on the August 24,1998 Council agenda for final Council approval. ‘ : Jabbour moved, Kelley seconded, to reconsider Application #2370 for Gary O'Keefe for the property located at 1392 Baldur Park Road. Vote: Ayes 4, Nays 0. Jabbour moved, Kelley seconded, to amend Resolution No. 4128 to include the following: Elimination of the third garage stall. Patio to be allowed. No drive will be allowed to the lower level storage area. No future variances will be granted. - Upper level garage will be limited to hvo stalls. - Lower level storage area will be for cold storage only. - The revised proposal meets the intent of the original resolution. Vote: Ayes 4, Nays 0. «• • CITYofORONO U II RESOLUTION OF THE CITY COUNCIL NO. 4 1 4 3 ; A RESOLUTION TO AIVIEND RESOLUTION NO. 4128 GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2; SECTION 10.55, SUBDIVISION 8; AND SECTION 10.56, SUBDIVISIONS 16(J) AND 16(L) AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.03 SUBDIVISION 19 - FILE #2370 M •• WHEREAS, Gary O’Keefe (hereinafter "the applicant") is owner of the property located at 1392 Baldur Park Road within the City of Orono (hereinafter "City") and legally described as follows: Lots 17 and 18, Block 1, Baldur Pa.k, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2; 10.55, Subdivision 8; and 10.56, Subdivision 16(J) and 16(L) to permit the construction of a new residence constituting hardcover in the 75-250' zone in excess of the 25% hardcover normally allowed in that zone, and to permit grading and land alterations within the 0-75’ lakeshore protected area where such ^York is normally prohibited. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. ■ This application was reviewed as Zoning File #2370. 2. The property is 0.71 acres in area and is located in the LR-IC Single Family Lakeshore Residential Zoning District. Page 1 of 6 . • I /oT : o\ 4. •» • •t* 5. 6. CITY of ORONO • • K RESOLUTION OF THE CITY COUNCIL NO. 4 14^ • ' • •_ • • . • • The Orono Planning Commission reviewed tWs application on May 18, June 15 and July 20, 1998 and on a vote of 6-0 recommended approval of a hardcover variance to allow hardcover on the property in the amount of 5,725 s.f. per the revised plans, and approval of a CUP for grading within the 0-75' lakeshore protected zones, based upon findings which are enumerated in Resolution No. 4128 dated July 27, 1998. • On July 27, 1998 the City Council granted approval of the proposed variances and adopted Resolution No. 4128 with conditions. On August 10, 1998 the applicant requested Council approval for a revised plan which w'ould reduce ’the hardcover associated with the house and driveway foo^rints in order to allow the addition of a patio while not exceeding the 5,725 s.f. hardcover level. The further revised plan eliminates the third upper level garage stall and reduces the area of driveway to free up additional hardcover for the patio. A lower level storage area will be incorporated below the garage, but will not be served by a driveway or other hardcover. The Council voted 4-0 to reconsider the application and voted 4-0 to allow the further revision as proposed subject to still meeting the 5,725 s.f. hardcover limit; that no driveway will be allowed to serve the lower storage area; and that no future variances are to be granted for this property. Council directed that staff bring a new resolution to the next Council meeting for adoption. 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 and CUP on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property, are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the 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. Page 2 of6 CITY of ORONO <. •. i’i' BESOLUTION OF THE CITY COUNCIL 4 1 4 S .NO.: The City Council Hnds that granting a conditional use permit for the proposed grading in the 0-75' lakeshore setback zones as proposed will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring property, nor will such 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. CONCLUSIONS, ORDER AND CONDITIONS • • •m Based upon the above findings, the Orono City Council hereby grants ^a variance to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2; 10.55, Subdivision 8; and 10.56, Subdivisions 16(J) and 16(L) to permit the conslniction of a new residence and amenities constituting hardcover on the property of 5,725 s.f. per the approved revised site and hardcover plan attached to this Resolution as Exhibit A, and further grants a Conditional Use Pcrniit for land alterations within the 0-75' lakeshore protected zones and wdan 5' of a lot line per the approved grading plan and site plan attached to this resolution as Exhibit B, subject to the following conditions: 1.No hardcover will be allowed in the northerly 0-75' zone. The only hardcover allowed in the 0-75' zone will be the portion of driveway as shown on the approved site plans. Hardcover in the southerly 0-75' and 75-250 zones shall not exceed the square footages per the site plan and hardcover worksheet attached to this resolution as Exhibit A, and shall not in any case exceed ^5j7^ s.f. in total. 2. • • Applicant is advised that hardcover on the property based on this approval will exceed the normal limits, and any future proposal to increase hardcover on me property will not be approved. It is the intent of the City Council at the level of hardcover approved with this resolution not be exceeded in the future, and that no additional hardcover variances will be granted in the future. Page 3 of 6 ; o • % CITYof ORON u .. u- RESOLUTION OF THE CITY COUNCIL NO.■4 L4.3 3.The revised plan which eliminates a third garage stall at the upper level, incorporates a storage garage below the remaining two stalls, and reduces the footprint of the house in order to allow construction of a patio, is approved subject to a condition that no hardsurface or driveway may be installed to the lower storage area. 4. Any significant changes to the approved house footprint, to the approved graiding plan, or other changes which result in a plan that City staff deems to be potentially in conflict with the intent of this approval, shall be subject to •further Council review.•» V 5. Site grading within the northerly 0-75' zone with the intent to create a walkout situation shall not be allowed. Erosion protection as .may be required by the Building Inspector shall be maintained at all times. • • * • 6. Authorities granted by diis variance run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit within one year of the date of Council approval, or this variance will expire on that date (August 24, 1999). 7. 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. 8. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the • property. Page 4 of 6 m o\ I V m CITYof ORONO tt .. Ir resolution OF THE CITY COUNCIL MO. 4l4fV __ / Adopted by the Orono City Council on the 24th day of August, 1998. ATTEST: Linda S. Vee, City Clerk Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 24th day of August, 1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, Minnesota municipal corporation and said instrument was executed on behalf of the City.a Notary Public tJ Page 5 of 6 «•. « .4-u •• CiTYofORONO ii’ RESOLUTION OF THE CITY COUNCIL . • ■ NO. 414 3... STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) On this ) ss. .day of htryVif.___ . ________________, 1998 before me a Notary Public within and for said county, personally appeared Url H 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 w A y STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ) ss. On this day of j 1998 before me a Notary Public within and for said county, personally appeared___________________________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. NOTARY PUBLIC .* • Page 6 of 6 * aV*^ O ■ ,j.i5o.iO-75'S»iM*"*"“'”'”'*' j.uo.r I' ’s. ldB<ct--AJ£>.—^ *.<\}r^ ___ . \ « I i,,.j ^ 680 $r. 360 sf r ii • /r Vi-tp-v V. rs ■/ \ • \ '■•I.-/ .ft-I V I -1''a* \ \l-. ■’ HouseAtueheaMUIlOsnfie Stoop, vralVssnd potto Driveway 3723,f r^. I 5.725/ 22.900-25% ^ \ l> . • } ■ V>f * . <^,v.......I > « % I 3ff^ «• U I ,9. vsi t'v-iT/ \ IV. •'XK .U--•rt-- • •. ■«.'V:-rr TMi’ *1 . • » /r -y Ili r» \ .♦-••vas / t li r: i ^ I S. *05:5;;^ iOmSrz* «/r C 5b>• • -s »Si * 1U ^ F</sr\D >4*0» • •• l/' ILwag.^ *•- » :.*v j .;/ I PB^ pp>tv4Aei«. n .\ :I>A ..\ 5/\ »• • •• V’-• * */•' .-'jt < • E\ e • I • I -1~ — ——*• • — I ••• •• • • • — I— •-I. .?'■*»"? 7 M • •• iS4. 5M7 h\ 0? • 55^ .01^ m r'"’"’® ■. J- 1 Application Date: February 17,1999 Deadline: Extended to June 17,1999 COUNCIL MEETING APR 2 6 1999 Cl IY UE OHO/NO REQUEST FOR COUNCIL ACTION DATE: 4/22/99 ITEM NO. Department Approval: Administrator Reviewed: Agenda Section: Name Paul Weinberger Zoning Title Assistant Zoning Administrator Item Description:#2468 Bruce and Betsy Nusbaum 3480 North Shore Drive Variances--Public Hearing Zoning District:LR-IC One Family Lakeshore Residential District (1/2 Acre) Lot Area:9,560 squaie feet (.22 acre) Application: The applicants have proposed to remove the existing residence located on the lot and construct a two story house. The existing residence is a non-conforming structure as it is located on an undersized lot and encroaches into the required side yard setback. The house is located on the lot line. The new structure would be placed to meet all required setbacks. The lot is located in the LR-IC zoning district where 1/2 acre is the minimum lot size required for new construction. The zoning district also requires 100' lot width for new construction. The zoning code does allow certain lots to be record lots if the following conditions are met: In "R" Districts of One Acre or Less and With Public Sanitary Sewer. A lot of record existing upon the effective date of this Zoning Chapter in any "R" District of the City of up to and including one acre, which lot is serviced by public sanitary sewer and which does not meet the requirements of this Zoning Chapter as to area or width only, may be utilized for single family detached dwelling purposes without Council approval if the area measurements and width of that lot are within eighty percent (80%) of the requirements of this Zoning Chapter. How ever, the lot of record shall not be more intensely developed unless combined with one or more abutting lots or portions thereof so as to create a lot meeting the requirements of this Zoning Chapter. (Section 10.03, Subdivision 6 (A) (1)) The applicants intend to retain the existing garage located on Birch Lane at the rear of the lot. Typically the zo^mg code does not allow any accessory structures to remain on a lot without a principal building. To meet the Planning Commission recommendation the applicants have prepared a site plan reducing the size of the garage from 30' x 22' to 20' by 22'. S 4 This application requires the following variances: 1.Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L)(2): To allow 2,012 s.f. (30.2%) of hardcover in the 75-250' lakeshore setback, where 2,965 s.f. (45%) exists and 1,663.5 s.f. (25%) is allowed, and to allow 344 s.f. (46.3%) of hardcover in the 250-500' lakeshore setback, where 670 s.f. (90%) exists and 222.9 s.f. (30%) is allowed. 2. Section 10.03, Subdivision 14 (C): To allow 1,721 s.f. (18.0%) structure, where 1,687 s.f. (17.6%) exists and 1,500 s.f. is allowed. 3. Section 10.25, Subdivision 6 (B): To allow new construction on a lot that does r.ot meet minimum lot area and lot width for the LR-IC zoning district. 4. Section 10.03, Subdivision 9 (B): To allow the accessory structure (garage) to remain on the property while the existing principal building is removed. 5. Average Lakeshore Setback. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended by a 4 to 2 vote to: Approve the variance based on the Staff Report. STAFF RECOMMENDATION: Staff recommends approval of the application based on the location of North Shore Drive as a hardship. The platted County right-of-way is not considered part of the lot; secondly, the lot has a high water table that prevents the lot from acconunodating a basement. The applicants have stated in their Statement of Hardship the high water table limits the amount of living space available to them. COUNCIL ACTION REQUESTED To adopt or amend the enclosed resolution. ANALYSIS Lot Area and Yards LR-IC (1/2 acre) Lot Area Lot Width Front Yard Side Yard Street Yard Required 21,780 s.f.100*30'10'30' Proposed 9,560 s.f.50'45.1'10'14' New construction is only permitted on conforming lots. Variances shall be granted from Code requirements on lot area and lot width before a building permit can be issued. Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0-75'2,183 s.f.35 s.f. (1.6%) none (0%) 35 s.f. (1.6%) none 75-250'6,654 s.f.2,965 s.f. (45%) 1,663.5 s.f. (25%) 2,012 s.f. (30.2%) To permit 2,012 s.f. 250-500'743 s.f.670 s.f. (90%) 222.9 s.f. (30%) 344 s.f. (46.3%) To permit 344 s.f. 500-1000'0 0 0 (35%) 0 f none 0-75' Lakeshore Setback The property owners have a small concrete walk located within the 0-75' lakeshore setback. The walk is located between the lakeshore of Lake Minnetonka and North Shore Drive. This hardcover is legal and is allowed by Code. 75-250' Lakeshore Setback The hardcover on the property will show a decrease, however the amount of structural hardcover will increase on the property. The increase is a result of a larger home being built on the property. The existing house is 1,023 s.f. and the proposed house is 1,281 s.f. The garage would remain on the property. 7Sn-^QQ' I-akeshore Setback The applicants will remove a significant amount of hardcover from this portion of the property. Most of the hardcover being removed would be from the driveway. The garage has two parking stalls that would use a driveway 20' wide. The existing arrangement has a paved area adjacent to Birch Lane 44' wide. The City allows a maximum curb cut of 20' for private driveways. The proposed changes would be a benefit to the City. Structural Coverage Total Lot Size Total Structural Coverage Percentage 9,560 s.f.Existing: 1,687 s.f. Proposed: 1,721 s.f. 17.6% 18.0% The proposed addition would raise the total structure above the allowed coverage for the lot. The Zoning Code allows a maximum 15% of the lot to be covered with structure or 1,500 s.f., whichever is greater. This lot would permit 1,500 s.f. Variance STATEMENT OF HARDSHIP The applicant's have included their statement of hardship as Exhibit B. The applicants should also be asked for their testimony regarding this issue. Issues 1. 2. The lot is provided with sanitary sewer service. North Shore Drive is platted through the applicants property. One side of the property is located on Lake Minnetonka (vacant) and the house Is located across North Shore Drive. The entire lot is combined into one tax parcel. The platted right-of-way for North Shore Drive is dedicated to Hennepin County and is not included in the lot area calculation for hardcover or structure. 3. 4. 5. 6. 7. Hardcover on the lot will be decreased substantially. Structure will be increased, and will exceed the 1,500 s.f. allowed on the property. The curb cut on Birch Lane is 44 s.f. It will be reduced to meet the maximum allowed by the City (20 feet). The proposed location of the house is beyond the 75' required for structure from the lakeshore of Lake Minnetonka. The existing house is located on the east property line. The new structure will be located within the setbacks established for the zoning district. 8.Applicants intend to retain the two car garage and lean to storage building that is located on the property ’. 9.Additional structure has been requested for living space due to the high water table in the area that prevents the lot from accommodating a basement. Attachments A B C D E F G H I J K Application Description of Request and Statement of Hardship Site Plan/Survey Plat Map Location Map Site Topography Hardcover Worksheets Elevation Views Floor Plans Property Owners List Permit Record 4 1 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 PHON£:(612)249-4600 FAX:(612)249-4616 TO: Elizabeth and Bruce Nusbaum 3480 North Shore Drive Wayzata, MN 55391 ZONING FILE #2468 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: 4/21/99 COPIES TO: TYPE OF APPLICATION:Variance DATE OF MEETING: 4/19/99 VOTE:4 FOR 2 AGAINST Planning Commission recommends the following: Approval as revised. NOTES AND SPECIAL CONDITIONS: Applicant's next scheduled meeting is confirmed as; City Council April 19, 1999, meeting starts 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, X:\APPS'.U’PWIN60\WPDOCSCAROLE\PCACnONU468 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISIONS 14 (C) AND 9 (B); SECTION 10.22, SUBDIVISION 2; SECTION 10.56, SUBDIVISIONS 16 (C) (6) AND (L) (2); AND SECTION 10.25, SUBDIVISION 6 (B) FILE #2468 WHEREAS, Elizabeth Nusbaum and Bruce Nusbaum (hereinafter "the applicants") are owners of the property located at 3480 North Shore Drive within the City of Orono (hereinafter "City") and legally described as follows: Lots 2, Block 3, Baldur Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held public hearings on March 15, 1999 and April 19, 1999, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2): to allow 2,012 sq. ft. (30.2%) of hardcover in the 75-250' lakeshore setback, where 2,965 sq. ft. (45%) exists and 1,663.5 sq. ft. (25°/o) is allowed, and to allow 344 sq. ft. (46.3%) of hardcover in the 250-500' lakeshore setback, where 670 sq. ft. (90%) exists and 222.9 sq. ft. (30%) is allowed; Section 10.03, Subdivision 14 (C): to allow 1,721 sq. ft. (18.0%) structure, where 1,687 sq. ft. (17.6%) exists and 1,500 sq. ft. is allowed; Section 10.25, Subdivision 6 (B): to allow new construction on a lot that does not meet minimum lot area and lot width for the LR- IC Zoning District; Section 10.03, Subdivision 9 (B): to allow the accessory structure (garage) to remain on the property while the existing principal building is removed; and Section 10.56, Subdivision 16 (C) (6) to permit an encroachment within the average lakeshore setback to permit construction of a new residence on the lot. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: Page 1 of 5 i 1. 2. 3. FINDINGS This application was reviewed as Zoning File #2468. The property is located in the LR-IC Zoning District, where 1/2 acre or 21,780 sq. ft. is the minimum lot area. The property consists of .22 acre or 9,560 sq. ft. The Planning Commission reviewed this application on April 19, 1999 and recommended approval on a vote of 4 to 2. 4. The Planning Conunission made the following findings of fact: A. The lot is provided with sanitary sewer service. B. North Shore Drive is platted through the applicants' property. One side of the property is located on Lake Minnetonka (vacant) and the house is located across North Shore Drive. The entire lot is combined into one tax parcel. The platted right-of-way for North Shore Drive is dedicated to Hennepin County and is not included in the lot area calculation for hardcover or structure. C. Hardcover on the lot will be decreased substantially. D. Structure will not be increased beyond what is existing on the property. E. The curb cut on Birch Lane is 44 sq. ft. It will be reduced to meet the maximum allowed by the City (20') F.The proposed location of the house is beyond the 75' required for structure from the lakeshore of Lake Minnetonka. G. The existing house is located on the east property line. The new structure will be located within the setbacks established for the zoning district. Page 2 of 5 H. Additional structure has been requested for living space due to the high water table in the area that prevents the lot from accommodating a basement. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2); to allow 2,012 sq. ft. (30.2%) of hardcover in the 75-250’ lakeshore setback, where 2,965 sq. ft. (45%) exists and 1,663.5 sq. ft. (25%) is allowed, and to allow 344 sq. ft. (46.3%) of hardcover in the 250-500' lakeshore setback, where 670 sq. ft. (90%) exists and 222.9 sq. ft. (30%) is allowed; Section 10.03, Subdivision 14 (C): to allow 1,721 sq. ft. (18.0%) structure, where 1,687 sq. ft. (17.6%) exists and 1,500 sq. ft. is allowed; Section 10.25, Subdivision 6 (B): to allow new construction on a lot that does not meet minimum lot area and lot width for the LR-IC Zoning District; Section 10.03, Subdivision 9 (B): to allow the accessory structure (garage) to remain on the property while the existing principal building is removed; and Section 10.56, Subdivision 16 (C) (6) to permit an encroachment within the average lakeshore setback to permit construction of a new residence on the lot. Approval was subject to the following conditions: 1. The Planning Commission will not look favorably on variance requests for additional hardcover or structure in the future. Page 3 of 5 2. 3. Authorities granted by this variance run with the property not vritn the applicants, but are permissive only and must be exercised by application for a building permit witWn one year of the date of Council approval, or this variance will expire on that date (April 26, 2000). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. ATTEST: 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 26th day of April, 1999. 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 26th day of April, 1999, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ss. ) On this day of j 199 _before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument,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.199 _before me a Notary Public within and i 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.T- NOTARY PUBLIC Page 5 of 5 A \u\-\ " : CITY OF ORONO - VARIANCE IMPLICATION Initial Application Fee $250.00 .($50.00 per each additional variance) • . . Renewal Variance Fee $150.00 (no change from original application) • Variance for non-confommg structures ‘ $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address IKU.?. __# s' Date Received 2- ? ? • Amount Paid. 0 ^ .A p>p.^\CO''V V Ov\ . Cowvp^-tXs, Property Identification Number (PJD.1 08—0013— Attach legal description to application if not included on required survey. DatePr^rtvAcquired M.IA d V 19^ f ^ at^adeii (do) ^^ no^also own the a<^adent parcels of land. Present use of proper^: residential other (^cify), ZoningDistrict: Lfs " / .(month/year) APPLIC^^^^ / Name Addr^ Phone fliome1^/?-^7/*^65r^ ^ Phone(woricl<^/Z>V72--?/ Ofjme ff.AJUSb;?UM Phone(woik^^/2>: 7»yO nnue CitY:/^4yg<^r>d ----Zip:.5,<rJyZ OWNER (if different than applickit) Name ___________^________ Phone (homeX Phone (work)_ Address:City:.Zip:. DESCRIPTION OF REQUEST Describe request in detail: AJi 4^ 4/A t k Sn ^ Estimated Construction CoA$ Zo^t poO/ ... . Ti cry] o f C' (attach additional sheets if necessary) VARIANCES REQUE^D Lot Area _X Lot^dth r%: y Hardcover ____Lot Coverage Setback:Front Side Rear V Average Lakediore _ Other (specify) HARDSHIP/DESCRIPtlON OF UNUSUAL PROPERTY CONDITIONS Describe undue har^hip or practical difficulty or unusual property conditions preventmg coinpliance with Zoning Code requirements:. (attach additional sheets if necessary) Monday February 22, 1999 First Draft To: Paul E. Weinberger Assistant Zoning Administrator City of Orono received fEB 2 2 1999 Q\ i'i Ur ORONO Paul, We have put together some of our thoughts on the plans we submitted to you last Wednesday, and would like you to look them over and share them with the staff. We would like to here back as soon as possible as to what the general feeling is toward this project. We very much appreciate your time and effort in this matter. The following is a list of hardships we would like you to consider for the approval of our revised building plans. 1) We have compiled with city setbacks which will have far less variance dericiencies than the existing structure. 2) The existing foundation is not sufficient for a remodeiing/addition project. 3) Because of the water table on the site, we are unable to have a basement figured into the overall square footage of livable space, meaning a potential loss of 33% of such space for storage, etc. 4) The size of the house is not out of character for Balder Park Extension which is comprised of mostly 50 foot wide lots. 5) The current zoning laws do not include 50 foot lots, which puts us in total non­ conformance. Zoning of said lots needs to be revised to bring them current with the times. 6) Over the last 5 years we have incurred substantial hardship due to the cities misgrading of Birch Lane. This is a water drainage problem which we have discussed with both the previous city engineer and the present engineer. We feel to mitigate, the city needs to: a) correct this problem b) allow building plans Bruce and Betsy Nusbaum 3480 North Shore Drive cc:Gabbriel Jabbour. Mayor i ■i f ’ 7',. ACS jys® y S!9 2rs ! ! \ \ \ \ K I cw \ I • /I O .^,«, Q.•n .' HUM ST 5CHBBTIMC on / 400 = lAn ij Course-*^T..vVV!*’:: U '•:Cburst'^.. CM KO ■? ••• % • I. «.SJ>>.4T<.r;*N<iV -*-*i — • Ik C FOX lATS -— ” V|€» 5»AnST0W««p S8 0 3 r B ■ C- tOMCJtsn ^ sf R> ^saiA 4 «- S line VMITI rax 1 •Vt *-40 DAHL Rori- u **/ HT.. > - •■' J w ..*»,*.i ■H.VVa>-. • ••> -= •>*mm•• />rf« •• ‘*^'V-13 X;«^ <0 ^ • T ORONOftArm V. -a- J ISLAND - Poge^tPoint:: 'ft'«ej>««>eTBVAI 1-1 wbkQ 3S£^. %o cn LiiCti m|f • •• • • • • - V ~ SL*-» * ^ • ^*1 ‘;j * ? *j;*7 -y ■ ^ '5w5^ '^•« •—. «* , IWINNETONI ....; - ?io •vii';.-V'B^CH •kT : LafavetW m mafayetti HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE)75-250*250-500* EXISTING HARDCOVER IN ZONE A. House Length Width X X X B. Garage C. Driveway X X D. Sidewalk X X 35 E. Patio/Deck X X F. Landscape Underlain By Plastic X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY \REA IN ZONE + B ___X 100 fnnpnsFD H^RprnvRR IN ZONE A. House Length Width X X X B. Garage C. Driveway X X D. Sidewalk X X E. Patlo/Dcck X X F. Landscape Underlain By Plasric X X X G. Other TOTAL HARDCOVER IN ZONE total property area IN ZONE -*• B ___X 100 S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. •S.F. S.F. ' % A B HARDCOVER CALCULATION WORKSH^ SETBACK ZONE; (CIRCLE ONE) 0-7S' f LISTING HARDCOVER IN ZONE A. House ______________ * (^2Soj) t\ V eds Po\^ \ n?/?^ S.F. Leti|lh Width B. Garage C. Driveway D. Sidewalk E. Palio/Deck F. Landscape Underlain By Plastic G. Other X X X X X X X X X 62. Gl P r\v\ X C.Co/>^2^ TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE + B ___ 2965 X too pp^PnSFD HARDCOVER »N ZONE A. House ______________ * Length Width B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Other X X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE + B ____ S.F. S.F. S.F. S.F. S.F. S.F. \2J^O S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. RA ! 45 - S.F. S.F. % A B S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. ' S’ ^ S{ S.F. S.F. S.F. S.F. X 100 - S.F. ■ S.F. % A B HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75’75-250 ’^so-soy rxiSTlNG HAWnCOVER IN ZONE A. House_____________ Length Width X X X B. Garage C Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE + B____X 100 pp()PQSE;n hardc over in ZONE A. House ______________ Length Width X X X . 3.t3A 500-1000’ 4*7 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. encs S.F. S.F. 30 % S.F. S.F. B. Garage C. Driveway X X D. Sidewalk X X E, Patio/Dcck X X F. Landscape Underlain By Plastic X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE + B __X 100 S.F. S.F. S.F. S.F. S.F. S.F. S.F. '1 I V- a ^ i; d S.F. S.F. S.F. S.F. S.F. S.F. •S.F. ’S.F. % A B r tit-. >V;-. -••v: r/’' 3 r ^1.. i‘ J^ ri Qi (1 V i p o LU II n 1 .1 »•. ■>■' A jC^ *^' . 9*0 p-'Q Eli It •» ® 9 2 O §'oa.' 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RRST FLOOR PLAN *Y'.t a/- -XI 3 3 ,y. •* *• J 4 . * •j / I •- f/ J FZ 7^T: . #•' ■ • *j :—/ =1^ SECOND FLOOR PLAN MOL • lUs < oco UJoc m oc alUs S ic UJ 2 S iH ?^8“gs gJSS*" 2 Se us §* lOCM•KM I a oc MX M•siin n H X fn a•H S a:e ge q m w S w S) M S ^W X _ CM g a a a siiiii isgii e a a M X I a w%CM lO < m X K M•H aiHI sa lo a a ocw mJ £S-I iu C9X a UJ M O'aaa X M X X CU U X-i a SO M<X a a H “5oS “SS5a w a X rHee a M h- ^ a a o o S ^ S <.< e Sa;9;ii$^ a a a a a X uaa 2oH Ma !( tt aCMIKHH• g§ *i2•J «M «J •J a sg:i* >^nSi! e ui UJ iS g S3 aaa a a a a UJa a .^S^ a £iE2 J a a K o «J rc X a pH <___ I U Q <• gSi- e M _ o»X a a o a a2g« a a u a a a ^ < a e X a X a a oCMa a a a a a a M X * H S “* ?£«§«« SSase*s.l:*!a a Nss:isi Permit No. PERMIT RECORD Date 8-77 7?,^ /03‘^<r 6-/j>. ?y Type of Permit: Udi l^ooktL^ r^y?'LO^ ti^]txj yiyt}^ /ip .1 Application Date: Completion Date: 3/16/99 5/15/99 REQUEST FOR COUNCIL ACTION COUf^CIL MEETING APR 2 6 1999 ClIYUhOHO/vo DATE: 4/22/99 ' 01ITEM NO.: Department Approval: Name Paul Weinberger Title Assistant Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2472 Sandra Larson 540 Orono Orchard Road Variance Zoning District: RR-1B One Family Lakeshore Residential District (2 Acre) Lot Area:25,oui>square feet (.59 acre) Application: The applicant has proposed to construct a covered porch to the west side of the existing residence and to screen and existing deck on the south side of the home. It is not clear when the deck was constructed because no building permit was issued or variances granted. The property consists of four lots that have been legally combined. A platted 12’ alley separating Lots 3 and 4 from Lots 20 and 21. The lot was platted and developed prior to the adoption of the zoning ordinance. The house is located only 15.9' from the 'platted' alley, thus any additions or deck replacement requires variances. All structures are required to meet a 50' setback from the alley. (The entire house is located within the 50' setback.) There have been discussions with the adjacent property owner to the north, located at 500 Orono Orchard Road, to potentially vacate the alley. Cunently only the Larson’s use the alley for access. If the alley was vacated the property owners would be required to construct a private driveway from Orono Orchard Road. Vacation of the alley would eliminate the setbacks required for this application. Due to several issues, vacation of the alley may take some time. The applicants intend to enclose the deck and construct the covered porch this year. This application requires the following variance; 1. Seen ?! 10.23, Subdivision 5 (B): To permit a rear yard setback variance to allow an existing deck to I'ii enclosed 15.9' from the rear (alley) property line and to permit a covered porch to be constructed 44' from the rear (alley) property line where 50' is required. i * ^ PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended by a 6 to 0 vote to: Approve the variance as presented. STAFF RECOMMENDATION Approve the variance as presented. COUNCIL ACTION REQUESTED To approve or amend the enclosed resolution. CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 PHONE:(612)249-4600 FAX:(612)249-4616 ZONING FILE #2472 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: April 23, 1999 TO:Sandra and Kent Larson 1540 Sixth Avenue North Long Lake, MN 55356 COPIES TO: TYPE OF APPLICATION:Variance DATE OF MEETING: 4/19/99 VOTE:6 FOR 0 AGABVST Planning Commission recommends the following: Approval as submitted. NOTES AND SPECIAL CONDITIONS: Applicant's next scheduled meeting is confirmed as; City Council April 26, 1999, meeting starts 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. X;\APPS\WPWIN60\WPDOCS\CAROLE\PCACTlON\2472. ’ !■ in twm TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Paul Weinberger, Assistant Zoning Administrator DATE:April 12, 1999 SUBJECT: #2472 Sandra Larson 540 Orono Orchard Road Variances—Public Hearing Zoning District: RR-IB One Family Lakeshore Residential District (2 Acre) Lot Area:25,668 square feet (.59 acre) Application: The applicant has proposed to construct a covered porch to the west side of the existing residence and to screen and existing deck on the south side of the home. It is not clear when the deck was constructed because no building permit was issued or variances granted. The property consists of four lots that have been legally combined. A platted 12' alley separating Lots 3 and 4 from Lots 20 and 21. The lot was platted and developed prior to the adoption of the zoning ordinance. The house is located only 15.9’ from the 'platted' alley, thus any additions or deck replacement requires variances. All structures are required to meet a 50 ’ setback from the alley. (The entire house is located within the 50' setback.) There have been discussions with the adjacent property owner to the north, located at 500 Orono Orchard Road, to potentially vacate the alley. Currently only the Larson's use the alley for access. If the alley was vacated the property owners would be required to construct a private driveway from Orono Orchard Road. Vacation of the alley would eliminate the setbacks required for this application. Due to several issues, vacation of the alley may take some time. The applicants intend to enclose the deck and construct the covered porch this year. This application requires the following variance: 1. Section 10.28, Subdivision 5 (B): To permit a rear yard setback variance to allow an existing deck to be enclosed 15.9' from the rear (alley) property line and to permit a covered porch to be constructed 44' from the rear (alley) property line where 50' is required. H2472 Sandra Larson 540 Orono Orchard Road Variance 4/19/99 Page I Pertinent Ordinances: • Section 10.28: RR-IB One Family Rural Residential Zoning District ANALYSIS Lot Area and Yards RR-IB (2 acre) Lot Area Lot Width Rear Yard Side Yard Street Yard Required 87,120 s.f.200'50'30'50' Proposed 25,668 s.f.100'15.9'30.3'76.5' Structural Coverage Total Lot Size Total Structural Coverage Percentage 25,668 s.f.Existing: 1,816.1 s.f. Proposed: 1,895.^ s.f 7.0% 13% The plan includes adding a 146.4 s.f. covered porch. The portion of the existing deck located within the 30' side yard setback will be removed should the application for variance be approved. ANALYSIS Variance STATEMENT OF HARDSHIP The applicant's have included their statement of hardship in Exhibit A. The applicant should also be asked for her testimony regarding this issue. U2472 Sandra Larson 540 Orono Orchard Road Variance 4/19/99 Page! Issues for discussion 1. 2. 3. The entire residence is located within the 50' setback from the alley. This property is the only property that currently uses the alley for access. The property owners to the north have proposed to vacate the alley and assist the Larson's to gain access to Orono Orchard Road. If at some time in the future the alley is vacated all proposed improvements on the applicant's property would conform to all required setbacks. 4. The deck was constructed by previous property owners without obtaining a permit or vanance. STAFF RECOMMENDATION Staff recommends approval of the variance to i)ermit encroachment into the required setback based on the following: 1.The setback in question is a result of a platted alley that is used only by the Larson property. 2. The alley is not improved beyond the Larson's property. 3.The impacted property across the alley from the Larson's (Lots 4 and 5) is owned and cc nbined with Lots 20 and 21. 4.The existing house was constructed prior to the adoption of the Zoning Code within the 50' required yard setback. 5.There is no other location on the property the applicants could construct additions without encroaching into the setback. 6.There is a potential the alley could be vacated should access be gained from Orono Orchard Road in the future. If the alley is vacated the improvements would meet all required yard setbacks. U2472 Sandra Larson 540 Orono Orchard Road fariance 4/19/99 Page 5 Attachments A B C D E F G H I Application Description of Request Site Plan/Su’^ey Elevation Views Plat Map Location Map Site Topography Property Owners List Permit Record §2472 Sandra Lanon 540 Orono Orchard Road Variance 4/19/99 FageA r Application# Date Received Amount Paid CITY OF ORONO - VARIANCE APPUCATION Initial Application Fee $250.00 ($50.00 per each additional vaiiance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-confontung structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address Ocooo 5> Property Identification Number (P.I.D.) _________.— Attach legal description to application if not included on required survey. Date Property Acquired \% _____________________________^(month/year) I (do) (doji^ also own the adjacent parcels of land. Present use of property: X readential Zoning District:_________________ other (specify). APPLICANT Name Address:s OWNER (if different than applicant) Name _____________________ Address:________________ Phone (horne d Citv:Zip: Phone (home) ----------------------------------------Phone (work) Citv:Zip: DESCRIPTION OF REQUEST Estimated Construction Cost $ ^C»oO Describe request in detail: v;;. ^ h — .^\_______________________ (attach additional sheets if necessary) 4. -•% V » Vv * VARIANCES REQUIRED Lot Area ___Lot Width ___Hardcover ___Covera X Setback:Front Side X Rear Average Lakeshofj^s jj Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property c^ditions preventing compliance with Zoning Code requirements: j '----------------- (attach additional sheets if necessary) L Regarding: 540 Orono Orchard Road Variance Application Sandra S. Larson Purchased house with existing deck. In applying for the building permit to screen in existing deck, I was informed that the deck required a variance and had not been applied for when built. The only variance needed is with the alley, which is also my driveway. The alley dead-ends at my property and all city vehicles turn around at that point. There is no ability to access the alley beyond my property t. i ‘■‘J r : ! \s D 0 4 0 ^ \ e6:<43 pm J.G.DMVTON r'. nuzjt 1< V 0 i • ✓ I i U\ 34.04 dA-jn- A3 134.02 -OT 15, BLOCK MINNETONKA BLU 2 FS 127.92 /\ ’/ / (49)2 \ Peh /N NJ J _ w \\lroU N UJ TTD ^ SI) 24 T a 22 \ a T> 1L. \ I i a 20 (46: 1 1 1 1 I 1 t a 19 J 1• \ a (d)/ ov^ 17 (22) a 16 (2i:) a !5 (20) a 14 ^( 19) a w' MO r: I «< A _ 5 2 g ^•iu* Dcmtot 2 wHP /»eav<y*'* j ✓ IT. :Tandg^,« « I iSS niwo. 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D >• 8 CM CM o o •H ro fA CM rH iH CM O i Siu < X > a >1 i I o H 00 ^ r«> in oC 55 *< X > *« H o X in Hov rm in in I iIID H cn H > m M UI H oi 21 “ r4 iH CM O I »0 X > UI O H CD ^ m m I H O ^ s i X X m ilgi X XX XeSgQ a u X Msi5|a o H X s 38 02 117 23 31 0005 SANDRA S LARSON 1540 6TH AVE N LONG LAKE MN 55356 38 02 117 23 31 0006 LAWRENCE E NELSON 550 ORONO ORCHARD RD S WAVZATA MN 55391 38 02 117 23 31 0007 ROGER J HAWKINSON 570 ORONO ORCHARD RD WAYZATA MN 55391 38 02 117 23 31 0008 ROGER J HAWKINSON 570 ORONO ORCHARD RD WAYZATA MN 55391 38 02 117 23 31 0011 ROGER J HAWKINSON 570 ORONO ORCHARD RD S WAYZATA MN 55391 38 02 117 23 31 0014 ERIC S WELCH 521 HANLON AVE WAYZATA MN 55391 38 02 117 23 31 0022 R T & V H JAFFRAY 540 BARRETT AVE WAYZATA MN 55391 38 02 117 23 31 0023 R T & V H JAFFRAY 540 BARRETT AVE WAYZATA MN 55391 38 02 117 23 31 OOSI PAUL & MEGAN BENNETT 500 HANLON AVE ORONO MN 55391 38 02 117 23 31 0046 R T & V 11 JAFFRAY 540 BARRETT AVE WAYZATA MN 55391 38 02 117 23 31 0049 STEVEN S & JO ELLEN WEBSTER 500 ORONO ORCHARD RD S WAYZATA MN 55391 38 02 117 23 32 0001 EDWARD H HAMM 408 ST PETER ST #434 ST PAUL 14N 55102 i 4^ Permit No. ‘sj'l PERMIT RECORD Date ^ncmo ^c/jCtAc/s^ Type of Permit Pory\fi ^euteK ctNNtcTiofj COUNCIL MEETING Application Date: Deadline Date: 3/8/99 5/7/99 APR 2 6 1999 REQUEST FOR COUNCIL ACTION Cl I y OF OHUNO DATE: 4/22/99 : /OITEM NO. Department Approval: Name Paul Weinberger Title Assistant Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2473 Matthew B. Herman 3825 Cherry Avenue Variance Zoning District: LR-iC One Family Lakeshore Residential District (1/2 Acre) Lot Area:31,767 square feet (.73 acre) Application: The applicant has requested a variance to permit the construction of a 263* by 4' catwalk across an undeveloped City right-of-way (Cherry Avenue) and across a wetland to gain access to North Arm of Lake Minnetonka. A variance is required because we do not allow structures to be placed within a wetland. In 1990 the City Council granted a similar approval for a previous property owner, but the structure was never built. The applicant will be required to obtain necessary permits for the work proposed. The DNR has stated a new "work in bed of public water permit" is required as they do expire after five years. A variance from the Lake Minnetonka Conservation District may also be required. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended by a 5 to 1 vote to: Approve the variance based on the Staff Report. STAFF RECOMMENDATION: Staff recommends approval of the variance to permit the construction of the catwalk subject to applicant obtaining necessary approvals from the LMCD, DNR, Corps of Engineers and any other agencies that have jurisdiction on this proposal. COUNCIL ACTION REQUESTED To adopt or amend the enclosed resolution. CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 PHONE:(612)249-4600 FAX:(612)249-4616 ZONING FILE #2473 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE; April 21, 1999 TO: Matthew B. Herman 3825 Cherry Avenue Mound, MN 55364 COPIES TO: TYPE OF APPLICATION:Variance DATE OF MEETING: 4/19/99 VOTE:5 FOR 1 AGAINST Planning Commission recommends the following: Approval subject to conditions noted below. NOTES AND SPECIAL CONDITIONS; 1. The applicant obtains appropriate approvals and permits from the LMCD, DNR, Corps of Engineers and any other agencies that have jurisdiction on this proposal. Applicant's next scheduled meeting is confirmed as; City Council April 26, 1999, meeting starts 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. X:\/\PPS\WP\VIN60AVPDOCSC.VROLE'PCACTION'2473. r A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2 AND SECTION 10.56, SUBDIVISION 16 (L) FILE #2473 WHEREAS, Matthew B. Herman (hereinafter "the applicant") is owner of the property located at 3825 Cherry Avenue within the City of Orono (hereinafter "City") and legally described as follows; Lot 2, Block 3, CRYSTAL BAY VIEW, according to the recorded plat thereof, Hennepin County, Minnesota; and That part of Lot 2, lying west of a line drawn across it midway between the East and West lines thereof. Lot 3 and the North 45 feet of Lots 28 and 29, Block 7, CRYSTAL BAY VIEW, Hennepin County, Minnesota, according to the recorded plat thereof, Hennepin County, Minnesota, (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on April 19, 1999, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and Section 10.56, Subdivision 16 (L) to permit the construction of a 263'x4' catwalk structure across an undeveloped City right-of-way (Cherry Avenue) and a wetland for the purposes of gaining access to North Arm Bay of Lake Minnetonka. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS Page 1 of 5 1. 2. 3. This application was reviewed as Zoning File #2473. The property is located in the LR-IC Zoning District, where 1/2 acre or 21,780 sq. ft. is the minimum lot area. The property consists of .73 acres or 31,767 sq. ft. The Planning Commission reviewed this application on April 19, 1999 and recommended approval on a vote of 5 to 1. 4. The Planning Commission made the following findings of fact: A. The portion of Cherry Avenue that the walkway would cross is undeveloped and is entirely within the wetland or below the 929.4* lakeshore elevation and will not be developed. B. A previous property owner acquired the 50’ wide Lot 2 for riparian rights to North Arm Bay of Lake Minnetonka. The lot has been combined with the existing residential lot which is a conforming lot in lot area. C. The proposed dock would allow 1 slip per 50 feet of lake frontage. D. There is no adverse impact on adjoining property owners. The property to the east contains a similar structure. E Approval is subject to outside agency review. The DNR has stated a new permit would be required for the structure. The applicant is advised he should file the appropriate documentation for a permit. The previous permit issued in 1990 has expired. F. Additional variances are required for hardcover than were required in 1990 as a result of the adoption of the Shoreland Ordinance in 1992. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor Page 2 of 5 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. CONCLUSIONS, ORDER AND COrnOITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and Section 10.56, Subdivision 16 (L) to permit the construction of a 263'x4' catwalk structure across an undeveloped City right-of-way (Cherry Avenue) and a wetland for the purposes of gaining access to North Arm Bay of Lake Minnetonka. Approval was subject to the following conditions; 1.Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (April 26, 2000). 2.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. 3.The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 1 Adopted by the Orono City Council on this 26th day of April, 1999, ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of April, 1999, by Gabriel Jabbour and Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 t STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ss. ) 4. \ On this day of , 199 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed tne foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC i STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. ) On this day of 199 _before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 5 of 5 TO; DATE: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Paul Weinberger, Assistant Zoning Administrator April 13, 1999 SUBJECT: #24“^ Matthew B. Herman 3825 Cherry Avenue Variance Zoning District: LR-IC Lot Area:31,767 One Family Lakeshore Residential District (1/2 Acre) square feet (.73 acre) Application: The applicant has requested a variance to permit the construction of a 263’ by 4' catwalk across an undeveloped City right-of-way (Cherry Avenue) and across a wetland to gain access to North Arm of Lake Minnetonka. A variance is required because we do not allow structures to be placed within a wetland. In 1990 the City Council granted a similar approval for a previous property owner, but the structure was never built. The applicant will be required to obtain necessary permits for the work proposed. The DNR has stated a new "work in bed of public water permit" is required as they do expire after five years. A variance from the Lake Minnetonka Conservation District may also be required. Pertinent Ordinances: Section 10.03, Subdivision 6 (3) (B) The 1990 approval granted a variance to permit a dock to be heated on a lot without a principal structure. At that time lakeshore access lots had recently been purchased and not legally combined. Later all five lots were combined. A variance to this section of the code is not required for approval. Section 1022, Subdivisions 1 and 2 The 263' length dock will encroach the wetlands area located above the 929.4' elevation and is located within 75' of the defined lakeshore at the 929.4' elevation. The total dock consists of 1,052 s.f of hardcover, much of which is located at or below the 929.4' elevation. The Lake Minnetonka Conservation District may require additional approvals and/or a variance to permit such a structure. The total hardcover in the 250-500' lakeshore setback would be 3,000 s.f. The property is allowed 6,954.9 s.f. or 30% of the total area. 02472 Sandra Larson 540 Orono Orchard Road Variance 4/19/99 Page I ANALYSIS The majority of the dock will be constructed within Lot 2 and unimproved portions of Cherry Avenue connecting to the applicant’s lot. The dock will be 4' wide and 263' in length. Although the applicant has referred to the dock as a permanent dock, it will not be constructed with pilings. The plans reveal the posts placed every 8'. The plans do not indicate the clearance over the 929.4' waterline. The plan shows the location of the dock to be at least 10' from adjacent property lines, therefore, meeting required setbacks for accessory structures. The dock should be fully reviewed by the Lake Minnetonka Conservation District to ensure compliance with their standards for docks. A variance may be required for the amount of dock located beyond the 929.4' waterline. Staff has enclosed Section 6.05, Subdivisions 1, 2 and 3 of the Municipal Code. Greg Gappa, Director of Public Services, will review the application as approximately 65' of the dock will be located over an undeveloped street. The standard the Director will use will be if the proposed structure presents an "unreasonable hazard to the public”. If a permit is granted the applicant will be requir^ to file a Hold Harmless Agreement with the City holding the City not liable for any accidents that occur from the use or placement of the structure within the right-of-way. One of conditions that was required in 1990, and will be required again is that the property owner provide updated liability insurance. The property directly to the east has a similar structure that has been in place for many years. That individual structure may need repair or replacement sometime in the future. Variances may be required on these structures if they are repaired or altered. This application requires the following variances: 1. Section 10.22, Subdivisions 1 and 2 and Section 10.56, Subdivision 16 (L) to permit hardcover and within 75' of the OHWL of Lake Minnetonka; and a variance is required to place structure in a wetland. Issues for Discussion 1.That portion of Cherry Avenue that the proposed catwalk would cross is entirely within the wetland area and lakeshore and is not used for roadway purposes. 2. The lot adjacent to the lakeshore has been legally combined. This was a requirement of the approvals in 1990. §2472 Sandra Larson 540 Orono Orchard Road Variance 4/19/99 Page 2 3. The proposed dock would allow 1 slip per 50 feet of Lake frontage. 4. There is no adverse impact on adjoining property owners. The property to the east contains a similar structure. 5.Approval is subject to outside agency review. The DNR has stated a new permit would be required for the structure. The applicant is advised he should file the appropriate documentation for a permit. The previous permit issued in 1990 has expired. 6. 7. The proposed dock is longer (263' vs. 200') and wider (4' vs. 3') than approved in 1990. Additional variances are required for this application than were required in 1990 as a result of the adoption of the Shoreland Ordinance in 1992. A) Structure in a wetland B) Section 10.56, Subdivision 2 - Hardcover STAFF RECOMMENDATION Staff recommends approval of the variance to permit the construction of the catwalk subject to applicant obtaining necessary approvals from the LMCD, DNR, Corps of Engineers and any other agencies that have jurisdiction on this proposal. Attachments A B C D E F G H I J K L Application Description of Request Site Plan/Survey Plat Map Location Map Site Topography DNR Letter DNR Permit Extensions Deck (catwalk) Plan Municipal Code Section 6.04 Resolution #2807 Permit Record U2472 Samira Larson 540 Orono Orchard Road Variance 4/19/99 Page 5 City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. » 2807_ _ _ _ _ A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 6 (3)(B), SECTION 10.03, SUBDIVISION 9 (A) AND SECTION 10.22, SUBDIVISION 1 FILE #1515 WHEREAS, Jeffrey Johnson (hereinafter "the applicant") is the owner of the property located at 3825 Cherry Avenue within the City of Orono (hereinafter "City") and legally described as follows: The West half of Lot 2, all of Lot 3, and the North 45* of Lots 28 and 29, Block 7, Crystal Bay View, Lot 2, Block 3, Crystal Bay View, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 6 (3) (B) and Section 10.03, Subdivision 9 (A) to permit the construction of a 200' long cat walk, an accessory structure, on a property consisting of multiple lots divided by an unimproved road. Cherry Avenue, that divides a lakeshore lot from the remaining interior lots requiring a variance that would seek credit for the principal residence on the interior lot for the accessory structure on the lakeshore lot, and hardcover and setback variances within the 0-75' setback area for the 200'x3' cat walk structure. MON, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota; FINDINGS 1. This application was reviewed as Zoning File #1515. 2. The property is located in the LR-IC Single Family Rural Residential Zoning District requiring 1/2 acre in area. The interior lots within the jointly owned properties consist of 22,183 square feet. 3. The Orono Planning Commission reviewed this application on April 16, 1990, and recommended approval of the proposed variances based upon the following findings: Page 1 of 5 ■ ite-?'''••;■ l^ CITV r ;imm "ORONO^ City of OROINO RESOLUTION OF THE CITY COUNCIL NO. 2807 A) The portion of Cherry Avenue that the proposed cat valk structure would cross is totally within the wetland/lakeshore and is not used for roadway purposes and is currently unimproved. B) The legal combination of the substandard lot will now be tied to an adjacent homestead parcel and will never be the subject of a land use independent of any homestead. C) The proposed dock structure meets the LMCD criteria for authorized dock use area for a dock with one slip (1 slip per 50 lineal feet of shoreline). D) The property consists of predominately wetlands and lakeshore. E) There is no adverse impact on adjoining property owners or the public generally as a similar dock and cat walk structure has existed on the property to the immediate east without any record of accidents or apparent hazard to the public who use the adjacent main lake and roadway. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variances on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 :v.;. .•-> ••v'r“ V--*V . -v- V •■-•?•'-• vV-.-’ -V • * , •*•••«. ^ —i^* — • ~ , . / . m. *•.••• i .•.•*.•.••►.•••• •••- • •..•-• Gity of OR.OINO RESOLUTION OF THE CITY COUNCIL NO. 2807_ _ _ _ _ CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to the Municipal Zoning Code Sections noted above to permit the construction 200'x3' cat walk, portions of which are to be located within the unimproved right-of-way of Cherry Avenue and within riparian Lot 2, Block 3, Crystal Bay View, to serve the residence located at 3825 Cherry Avenue, subject to the following conditions; 1. Prior to filing the variance resolution by the City, aoplicant must apply for the legal combination of th_ee pllcelt? P.I.d! #08-117-23 33 0041, 08-117-23 33 0037, 08- 117-23 33 0058. 2. Upon application for a building permit for the cat walk/dock structure on Lot 2, Block 3, Crystal Bay View and unimproved Cherry Avenue, applicant must submit the following; A) Survey showing any encroachments of property and location of proposed structure within subject lot and right-of-way of Cherry Avenue. The accessory structure must meet the required 10' side setback from the west side lot line. B) Approval permits from Corp of Engineers, DNR and Orono Public Works Department. Applicant to provxde fully executed Hold Harmless agreement with the building permit application. 3. Posting of cat walk/dock structure with No Trespassing/Private Property" signage. 4. Based on standards of LMCD and this variance approval, the.dock shall be limited to 1 slip. 5. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (May 29# 199D* 6. 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. Page 3 of 5 i 1 Wmy- ®:CITY, '!> |p$ ;HV/'. -..V KOROMO,:'^^sssssr City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2807________ 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the City Council of the City of Orono, Mini^sota at a regular meeting held on the 29th day of May, 1990. ATTIsfc: STATE OP MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) *. *• > / v-*', ^/j 1 CITY •ORONO Ik'rt^vVv- d )■ City of OROrVO RESOLUTION OF THE CITY COUNCIL NO. 2807 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this Sl6i-day of tDOOs^=^3 for s'^iid county /v»NfA ___, 199 0 personallybefore me a Notary Public within and fo; appeared CTriWv^^si’w^ Wj_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ known to me to b4Mbhe4)erson(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. KgJj *-v,N aab JIENN6PIN Miroomn«J40UN^ 1 NOTARY PUBLIC MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of_ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, 199^, before me a Notary Public within and for said County, personally appeared ■ 37‘j h n . UJ>. )Ul _ _ _ _ _ _ _ _ _ _ _ _ _ _known to me t^ be the person(s)' described Tn and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Hennepin countyMy commlasion txpirfs 9-8-92 NOTARY PUBLIC MY COMMISSION EXPIRES Page 5 of 5 S^SIS dhurru /li<. PERMIT RECORD Permit Mo Date Type of Permit Department Approval: Name Paul Weinberger Title Assistant Zoning Adminis Item Description: #2475 Ror 320 Tumha Variance-’ Zoning District: RR-IA 2.8 acres Application: The applica by 16' pool house in the side yard setback is required. The proposed accessory structur structure where the Zoning Code principal structure in relation the According to the building plan ai shower facilities. This requires a qualify for plumbing in an accessc and height. In this case the struct setback. The building is also loc; PLANNING COMMISSION R The Planning Commission recon Approve the variances to allow th( 55 ’ from the side yard adjacent to The Planning Commission did r plumbing) to be located 33' from STAFF RECOMMENDATION Staff is recommending denial of the application for the accessory building based on the following: A. Plumbing in an Accessory Structure requires the applicants apply for a Conditional Use Permit. B. Any accessory building with plumbing is required to meet all yard setbacks. The building is located entirely within the front yard, ahead of the principal residence on the property. C. The swimming pool is within the required yard. D. Other locations may be available for locating the swimming pool on the lot that would not impact current or future adjacent property owners. E. A Survey is required for all existing and proposed conditions on the property. Staff is recommending approval of variances for the swimming pool based on the following conditions: 1. 2. 3. m The berm shown on the landscaping plan shall be constructed at a height to adequately screen the pool area from areas beyond the property lines. The applicant submit a survey showing existing and proposed conditions on the property for both the berm and swimming pool. The applicant applies for and receives a land alteration permit for the berm. If the amount of fill exceeds 500 cubic yards the applicant is advised a Conditional Use Permit for land alteration will be required to be approved by the City Council. COUNCIL ACTION REQUESTED To approve or amend the enclosed resolution. CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 PHONE:(612)249-4600 FAX;(612)249-4616 TO: Ronald P. Zelinsky, Jr. 320 Tumham Road Maple Plain, MN 55359 ZONING FILE #2475 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: April 21,1999 TYPE OF APPLICATION: COPIES TO: Variance DATE OF MEETING: 4/19/99 VOTE:6 FOR 0 AGAINST Planning Commission recommends the following: Approval of front and side yard adjacent to street variances for a swimming pool and a recommendation of denial for variances for a pool house located 33' from the lot lines. NOTES AND SPECIAL CONDITIONS: 1. The berm around the pool is constructed at a height to adequately screen the area. 2. The applicant submit a survey showing existing and proposed conditions on the property and a calculation of the amount of fill in cubic yards to establish a 3:1 slope for the berm as shown on the plan. Applicant's next scheduled meeting is confirmed as: City Council April 26, 1999, meeting starts 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. X:\APPS\WPVlTN60\WPDOCS'CAROLE«»CACnON\2475 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.27, SUBDIVISION 5 AND DENYING VARIANCES FROM SECTION 10.03, SUBDIVISION 9 (D) AND (F) FILE #2475 WHEREAS, Ronald P. Zelinsky, Jr. and Jennifer L. Zelinsky (hereinafter "the applicants") are owners of the property located at 320 Tumham Road within the City of Orono (hereinafter "City’’) and legally described as follows; Lots 1 and 2, Chippewa Third Addition, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on April 19, 1999, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.27, Subdivision 5 and Section 10.03, Subdivision 9 (D) and (F) to permit the construction of a swimming pool 90' from the front lot line and 55' from the side yard adjacent to street lot line, and variances to permit an accessory structure with indoor plumbing 33' from the side yard adjacent to street lot line where 100' is required for setbacks in the RR-IA Zoning District. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File #2475. The property is located in the RR-IA Zoning District, where 5 acres or 217,800 sq. ft. is the minimum lot area. The property consists of 2.S acres or 121,968 sq. ft. Page 1 of 5 The Planning Commission reviewed this application on April 19, 1999 and recommended approval of variances for the swimming pool and denying variances for an accessory structure on a vote of 6 to 0. The Planning Commission made the following findings of fact: A. Plumbing in an accessory structure requires the applicants apply for a conditional use permit. B. Any accessory building with plumbing is required to meet all yard setbacks. The building is located entirely within the side yard setback, therefore a "Plumbing in Accessory Building Conditional Use Permit" cannot be granted. C. The swimming pool will be surrounded by a berm, with landscaping, to screen that portion of the property from other areas outside. D. Other areas on the property could not support a swimming pool as a result of existing utility lines, sewer pipes, septic tanks and drainfield and the driveway. E. The property owner to the south spoke in favor of the swimming pool. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely aifect 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 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to ivlunicipal Zoning Code Section 10.27, Subdivision 5 to permit a swimming pool and patio to be located 55* from the side lot line and 90' from the front lot line, and denies variances to permit construction of an accessory building, with plumbing, within the side yard adjacent to street setback. Approval was subject to the following conditions: 1 3 5. The applicants submit an updated survey showing existing and proposed conditions on the property and elevation and fill data for a berm around the swimming pool. The applicants apply for and receive a land alteration permit for the berming shown on the landscape architect's drawing on file wth the Building & Zoning Department. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (April 26, 2000). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 3 of 5 Adopted by the Orono City Council on this 26th day of April, 1999, ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of April, 1999, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN ) )ss, ) On this day of 199 _before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ss. ) On this day of ^ 199 _before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 5 of 5 10 TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Staff DATE:April 8,1999 SUBJECT: #2475 Ronald P. Zelinsky, Jr. 320 Tumham Road Variance-Public Hearing Lot Area: Exhibits:A B C D E F G H I Application: Zoning District: RR-IA One Family Rural Residential District (5 acres) 2.8 acres Application Plat map Property Owner’s list Plat drawing Pool house plan Pool and landscaping plan Pictures Topo map Septic Map The applicant is proposing to construct a 18' by 36' swimming pool and and a 12' by 16' pool house in the side yard adjacent to street yard where a 33' setback is proposed and a 100' setback is required. The proposed accessory structures will be located between the property line and the principal structure where the Zoning Code requires accessory structures to be located to the rear or side of a principal structure in relation the property line. According to the building plan attached as Exhibit E the pool house will contain toilet, sink and shower facilities. This requires a "Plumbing in Accessory Building" Conditional Use Permit. To qualify for plumbing in an accessory building the structure shall be conforming in location, size and #2475 Zelinsky 320 Tumham Road 4/19/99 pagt~l height. In this case the structure is located encroaching approximately 66' into the front yard setback. The building is also located closer to the front lot line than the principal building. Swimming Pool The Zoning Code recognizes swimming pools as structure. The pool is located closer to the front lot line than the principal residence. The intent of the Comprehensive Plan and Zoning Code is to maintain a rural character for the RR-IA Zoning District. It is the position of Staff that other locations on the property may be able to support the pool. The proposed location of the pool was once part of the septic site before a replacement system was installed in 1994. The new system is located behind the garage. Please refer to Exhibit I for the new location of the drainfield and sewer pipes. The applicants should comment on the proposed location of the pool and pool house vs. other locations on the property. Plumbing in an Accessory Building Previous property owners were denied a Conditional Use Permit for a Guest House in 1994. However, they were app oved to install plumbing into the structure for the purposes of a home office. The office area is located above the existing garage. Pertinent Ordinances: • Section 10.03, Subd. 9 (D), Location and (F) Plumbing • Section 10.27, Subd. 5 ANALYSIS Lot Area and Yards RR-IA District Standards Lot Area Lot Width Front Yard Rear Yard Side Yard Side Yard Adjacent to Street 5 acres 300'100 ’100'50'100' H247S Zelinsky 320 Turnham Road 4/19/99 page-2 Subject Property Lot Area anu Yards Lot Area Lot Width Side Adj. to Street Rear Yard Side Yard Front Yard 2.8 acres 351’90’230'125'33' proposed The location is proposed because the applicant has stated that this location on the property is most desirable given the location of the house, existing landscaping and trees, and the topography of the rear yard. STATEMENT OF HARDSHIP The applicant has provided a statement of hardship on the front page of the application. Issues for discussion 1. Plumbing is only allowed in accessory structures meeting all yard requirements. Should the City allow variances to permit this activity when it is prohibited by tlie Zoning Code? 2. 3. 4. 5. 6. The applicants own two lots that have not been legally combined. All improvements on the lot must meet the existing yard setbacks for the west lot. Because of the Zoning District requirement of 5 acres it is recommended the property owner combine both lots. Should the City issue variances for setbacks from the street when it appears there may be other locations on the property that could support a swimming pool. The property does contain an accessory structure with plumbing provided. The pool house w'ould be a second accessor)' building with indoor plumbing. The lot is 2.8 acres in a 5 acre Zoning District. A Guest House Conditional Use Permit would require 10 acres. The applicant is required to submit an updated survey showing all existing and proposed conditions on the lot. 1^2475 Zelinsky 320 Turnham Road 4/19/99 page~3 STAFF RECOMMENDATION Staff is recommending denial of the applicantion based on the following: A. Plumbing in an Accessory Structure requires the applicants apply for a Conditional Use Permit. B. Any accessory building with plumbing is required to meet all yard setbacks. The building is located entirely within the front yard, ahead of the principal residence on the property. C. D. The swimming pool is within the required yard. §2475 Other locations may be available for locating the swimming pool on the lot that would not impact current or future adjacent property owners. E. A Survey is required for all existing emd proposed conditions on the property. Zelinsky 320 TunOum Road 4/19/99 pags-4 h 3/75Application# Date Receive J^/> Amount Paid ^ CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ^ pOOMOU ($50.00 per each additional variance) ' f - Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFOR^TigrS » ^ J Site Address ^^^0 »__________________ Property Identification Number (P.I.D.) Attach legal description to Date Property Acquired _____ I (do) (do not) also own ^^adjacent parcels of land Present use of property: readential __pother ^ included on required survey. (month/year) Zoning District:. APPLIC AK adential ___^other (specify) ____________ . (icyg. 6^ctU?v> 10.21 4*^ cuv: Oroy\0 Zyo.^.^3SJ Phone (home) }i -iuht OWNER (if different than applicant) Name _______ Phone (home). Phone (workX c.. w. y Address:City:.Zip:.s. '■.i. DESCRIPTION OF REQUEST D^ribc request m.detai* ll^/u poo//?<yK: ^<lSc 000 m « •i VARIANCES REQUIRED Lot Area (attach additional sheets if necessary) (0.03 6uW booftb-i Lot Width Setback:Front Side Hardcover Rear '<w) ^4* f . Lot Coverage Average Lakeshore j\5 stregt 4_ , HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical diflBculw or unuM^ proR^rtj^on^tioM preventing^^ ice with Zoning Code requirements: u/d^T^ ^^10, tixt* ^ ~S^ verage eshore S^VUfilMz I anting y^h4H^ L Os10 10 ^ N M lU Cft e g10 > II H Is 10 N lO §11M .J «JSgg 0 M M 9^o lOlOm HI Ks ? 10CO Ul Ui 10 UJ U. 14.cvj as H tt o 5 oQ Ife Uu I « p4 I 1-4 90 sm “^aU U 10 oe S s i III ll U «J __ Si ^ u z 10 a. 5 lu < C M ft. r A » _I M Ul Ul Ul Z • Z O Z ^ M ^ U ft. < M K •• M «J I ^ X a, r4 o «i u fO Ul «J lU lU N 5 M Ul 10 z z N a. a. X Ui r4 Z 10 Ul z 0 Q 10 0 M 2 ? Ulai% em i 1 pI 0 ti «• p Ul __1 SloS$8 V U ^lo Ul 5 0 z CM aai10 u u z zSSSoSSS9! S n -> 5»i K Ul c (0 a Hz <o M Z•“ISIS a: oo IS § li|i ^ UJ uj z: csj <t: 2: < ^ ^sc Lj J CO <C LU 3C OJ 3: 3: CO LU CO 00 Cl. LU f-l O- LU ^ r-4 I—I zn o rH OoO ^ CO ex: o: LU in o IT) LU 00 CO LU CO ^ Li. U. cn VO CO LO m X -J O Q- CQ LU CM a. oo CM C cr> in CO m in C CO h- CM 3C LU LU00 o. cx: f-H Q. LU jz rM h- CO »—• q: LD Ll. 00 00 CO z: co^ z <c CXI o -J z LU CO 2E .u cx: < rsj LU Oft I— I— LU Z »—I LU Q- • CL O. << Ll. »—* —J ^ 3Z a. o o q: -j LU C >- iri —I 2: 1/) CO Cl. LU CO •D O ^ FROM ITITUE nSSOCIRTES S12 431 -4114 1996.08-09 13110 4911 P.03/03' First American Title Insurance Company PLAT DRAWING (THIS IS NOT A SURVEY) n File# 06-117916 inspected by: Tom Gollagher 8T7/96 320 TURNHAM ROAD, ORONO LOTS 1 AND 2, BLOCK 1, CHIPPEWA3RD ADDN. •352- 212.00 J 40.00 VOCN incn CHIPPEWA LANE The Comptny ftsuim the losund ihBt the abovv diiKimni lodicatct the dijiicindon.i of the l:ind anU the locaiions Of Ihc cm^emtots and ^mpovtiMnu OD the land dtschhed in the iniured Mort|igt. at thown by those County records v^*hich under the recording hwi impart corxtnicuve notice. This diagram is based on vifual and taped iotpeciioo and is charted to approAunate location, and therefore b not a iunrtyof any type 1 la V r» • t I ' •• r;1 • I A. a •• ' V »*j 1 PLAN ^PeW192 .•/•A'‘ iinffP■ ill '■•L--I1 B iH llllil WnViRNiSS'2 1996 • hvirwSMdon 16'-0" ^5? J CM ...J k...if 1 !! Thid de9\Qn corner closer to an authentic cabin, with areas for kitchen, bath, and built-in eating. A sleep sofa or futon can serve Mom and Pad while the kids can sleep in the bunk lofts at each end. Or it could serve as a pool house, ^uest room, potting shed. etc. It is built with 2x4 stud walls, plywood/batten siding and reii^uires no foundation. A material list Is also included. The total area is 192 sf. s I 5? iToi o* § cjro ^ QP4^ C»XX2 Vi • - % Z < UJ H €0 O. o CL N. 0 1 o CM O H 'W VdKcf 95 T i 1 JJ'1)3 V \________T-! I I i I i Ti ! ■: "> } f\ 4irif I T t i? I^T ^ 'li 5i 0 j " I ^ til > flCo !( i i.V/n;_2:-■> ,V; >.^.f < 0 7-r • \\ \\ I lio*r T. ' • •/r ^4^JJ'0H5 i : . 4 r ' cWi'-< \ 9 1 tl li •/ i . ■ ‘.4 •• > •|'■ M'2?'' [-J 1^1 ---------------*. ;VC .r" ^ i* </'•■ 'I ;/ ^ liSife-"® V o|i; ( CO Z'o CO UJo (0 Uioc >f ilT< 0. lU N li •1 .1 7 0 M I ). I t Ji /}:^:\\ m \ r a ‘ v3 If V:-r^ ------V ^ 320 Turnham Road , •’ Tf|v GrM mm .11 ^ - View from North Driveway & Entrance i^'-’. ^>.-. r ^^ \^c t':- V -y-.J^ , >je »'-.>•- •.-.^H, : .• S-.'i' •r> > >:. -• - r"- ..- . -.r .. / , ' • View from West Well site ' »/ r- - " View from East Septic site & runs v-T*> ^'- . -«‘. • l'-> y.»*- _ . .. » :r • *^1 i -1 icu c c V ~‘ ^ ■ • — Y_r, i V ‘ %• -'.*** :r*r•.'r .V*T*t .” . ^ ■ • *n»«* ^ ‘‘J ' .’L - ' * View from South Pool/ Pool House site 1043.2> /: \f^cpoffl 1 1042.7 :>a 1 X 1021.1 OO 1020.5^ x 987.: / lo*^ ■<^( o ^ •988 o R .OO I s p0 7M^^<^n\ — SEPTIC SYSTEM INVENTORY Address: 320TumhamRd. Building Type: residence Pennit #: 4728 Date of Permit: System Type: mound PE): 31-118-23 42 0013 #BRs/GPD 4 Systems/unit 1/1 10/2i/92 Installer Barfhecht Exc. Appliances: lndry,dshw SYSTEM CONDITION Conformity: 1 Tank Condition: 5 DF condition: 11 Failure Pot: low 1 \ SEPTIC TANKS Material: precast concrete Setback to Bldg: 75 Capacity: 1000,1000,1nil DRAINFIELD Length of lines 160 # lines: 3 Trench Width: 10 Treatment Area: 89*43 Type of Filter: rock,clean sand Tile Size: 1.5 Under Tile 9 PercRate: 8.9 Setback DF-Bldg: 18 DFHt above Wt: 3 Soil Type: sandy loam, loam, clay loa Limitations: water table 11 WELL DATA Setbacks - Well-Tanks: Pump Type: subm. 100 Well-DF: Report in File: y Depth: 200 Diameter: 4 Method: drilled INSPECTION RECORD DATE DESCRIPTION replacement installation no surfacing 6/22/94 10/7/96 PUMP01 TRECORD COMPLIANCE DATE GALLONS 1 1 COUNCIL MEETING m 2 6 t999 REQUEST FOR COUNCIL ACTION DATE: April 22, 1999 qiYUH OrtONO ITEM NO.IX Department Approval: Name Michael P. GafTron Administrator Reviewed:Agenda Section: Zoning Title Senior Planning Coordinator Item Description: Victoria Estates Homeowners Association - 1997-98-99 Joint Use Dock Licenses List of Exhibits A - Location Map B - Resolution C - Application Victoria Estates Homeowners Association is the owner of a joint use dock located in the channel at the north end of North Arm Bay. This joint dock use was approved in the late 1970's at the time of subdivision. There are 6 slips, one for each lot in the subdivision. Although created in 1979, this joint use has been licensed annually by the City only since 1984, the year that the use grew to 3 users, the threshold for requiring an Orono joint dock use license. Victoria estates did not file an Orono license application in 1997 or 1998, and staff had sent a number of letters to the Association representative of record, with no response. Apparently the association officers changed and the information was not passed on. However, the problem has now been rectified, and a license application covering 1997-98-99, including past due fees and late fees, has now been submitted. The City has received no complaints regarding this joint use dock. Staff recommends approval of a 1999 joint use dock license retroactive to Janua”’ 1, 1997, for Victoria Estates Homeowners Association. COUNCIL ACTION REQUESTED: Adopt the attached resolution granting a joint use dock licenses for 1999 retroactive to 1-1-97 to Victoria Estates Homeowners Association Proposed Motion: Moved by , seconded by , to adopt Resolution No.__, directing staff to issue a joint use dock license to Victoria estates Homeowners Assocition for the period of January 1, 1999 to December 31, 1999, retroactive to January 1, 1997. Vote: ______ayes,______nays. i4? • \^ 1 MgOHBTA 4600 4400 0 4000 Q 3«Rr“’Q 3«X) 2800 p City of Orono, Minnesota Street Numbering Index Map sooon dr> iOMTloa iUIOC M Pi Ai, mj L. RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO VICTORIA ESTATES HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,1999 TO DECEMBER 31,1999 AND RETROACTIVELY FOR THE PERIOD OF JANUARY 1, 1997 TO DECEMBER 31,1998 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Mimetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owmer may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and Page 1 of2 TiMf Off It l•ll1IIIt roiiifi W ItTO|flT*ri [tliltlHra 10 tj I ctfaut} ii w W7S •VMtl oifi n f rtrivrirti rti wroiir^ii^roiit OOVfP.l Offl\l rtlWTtTTiT^[tlViW*PTii«liRlt] ITTo 11}:| KtItTi tio#:! iro i».l iKOiVi crrv OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I LICENSEE: Victoria Estates Homeowners Association Dock Address: 540 North Arm Drive Agent: Susan Wanner Address: 460 North Arm Drive, Mound, MN 55364 Licensee is:__ unincorporated homeowner's group X incorporated homeowner’s association ___ unincorporated club or recreation group __ incorporated club or recreation group other License Period-January 1,1999 to December 31,1999 (Also Retroactive to January 1, 1997) II.BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B , and in accordance with Resolution 938, in no case shall the number ot authorized boat slips, lifts, or buoys exceed the number permitted in the prior year’s license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water North Arm Maximum Boats per prior license MAXLMUM BOAT DENSITY 6 6 Exhibit A Resolution No. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. V. 1.Sbc slips are approved for Victoria Estates Homeowners Association for 1999 subject to the stipulations set forth in Resolution #962 dated December 18, 1978. 2.All boats permanently moored at this Joint Use Dock must be registered to the applicant property owners. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. ^ • • • 12,^0 ^ i ■ '’?’ '4l?'J"'-';r (T ^ O "5” l<iqL,-|,.PL9Up-5- ■'•"St5^«.:|<>^“'; D3gll^l•• • • w • • '.e- • • /^7f •'^®* loyl ,C?H. (k.Pcr> ./4£7 o- U Mai —12-01 07;57A P.Ol '■ v-r’ t* ^ ;• U ■y\( c)/ .s Cj I. I 0 ( G ?7 i/li (• ■L/-G » t. }l.U a.^fXC'X UI cX-i' HIX 0?l(. / l X '/9X- /V^U') -vO1"T- V. /v/.c'jr r I (, / ore. TircL • »• ■. ‘*Cq //- rJ ciM.f <fv IY\ V-^ q ff ,c </".s P(-e<^-se r};^.yi>> >VxS Cl ( X’ /’^ cu ■ ixi'.di 'XiXr<.T&- / .<9 1 a I si’iitQ/7V9A7r . C CL7X■+■ i 0 ~r A\.0.. d.: /nonie4 OLL'kJ r^/A'rt CU' , Uf i^/A -/<^vc. A; cco^o,? /'t//c c.t'r A) . /* •,i' OO^X U-i ,GciSSUff& CLf^/}0f > j fh (^1l 'V _1) o • r j>rAC -(? (\,k f, / 7 * • •tr/A cCl •' ,cl7v •\ » .If.._______ff — CITYOFORONO P.O. Box 66 Crystal Bay, Mn 55323 473-7357 LICENSE YEAR 19J2 A]CIClJAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 APR 0 8 1999 on I oi oniOi\'0 Date Form Sent by City Staff December 15. 1998 Date Application Returned to City _ Fee Received $ /*7 / _______By Employee Section 5.42, Subdivision 2. LICENSE REQUIRED - "It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in... joint use (of any lakeshore property) without first having obtained a license therefor from the City." Please complete all items and submit signed application, required attachments, and license application fee to the City Clerk by January 31 of the license year. ASSOCIATION INFORMATION 1. 2. 3. Association title or name (if any) jJ\Xm Lake Ij Person responsible for this application: Name lU(\^/\i\f P Phone HH'X’ 0 ^! Bay Mailinc^dress ^ /m Y 4. 5. Relationship to association \I\ (fj) Association is (check applicable items): ___ unincorporated homeowner's group. incorporated Homeowner’s Association. Principal purpose of joint use dock is (check applicable items): y/ provide boat mooring and lake access for residential property. !inincorporated club or recreatio.i group, incorporated club or recreation group. provide swimming access, beach, or offshore dock, provide a club or association gathering place for activities. Page 1 of 4 6. 7. 0’ 9. 10. Dock is located on (check applicable item): ___one member's private property. \/easement or outlet owned in common. property leased by the group/association, property owned by the group/association. List Dock location and ownership information: Street address /l/ S3 Y Legal property description (Sj PIP# Listed property owner(s) “TivA ^ro(I *.'70^ 7 Names/addresses of abutting lakeshore property owners: fNorth/WesO 'TO/y\__LU^(^(\ flJ \jr._____________. ^________________ fj/ ftf^n jOf.^ ners (attach sheet if necessary): —SqP_. rSouth/EasO Names/addresses of other affected property owners In^rance Coverage ^th anectea property owners (.anacn sn^et ii necessary;: —qxJ' e jointly used dock is7nsure'<fby one ot the^ollown^ - property owner ’s homeowner ’s policy. L/^parate group/association owned policy. List the following information: Name of insured \J i C'________________ Name of insurance carrier 4^/'; t i1 n f~ry71 / Policy No Amount of coverage: Public liability, per person, per occurrence $ SoO^ Public liability, per occurrence % ^ /i7j V Security and policing of the jointly used dock and property is provided by (check applicable items): ____ fencing ____ security lighting V property owner ’s presence r\speci 'y/ieQ'ii'nc nsuranceearner t/,/i /^iLJTUa/ instance agency '-'^SI • hey?^ Effe(/tive date of covera^ ^ -77^ contract security service other ^specify) DOCK INFORMATION 11. List Dock Use Area Specificati^j;^ U C7\ Width of shoreline: j l) 0 ' Length of main dock from shore: Dock setbacks from side property lines at shore: ^00 ____ ft. and % 0^ ft. Page 2 of 4 12. ‘ Dock Construction (check applicable items): ____seasonal dock (relocated or replaced each year) ____permanent piling with seasonal deck y permanent piling and decking ____wooden decking _____metal decking 13. List Dock Accessories:n Number of fire extinguishers available at the dock _' Number of life preservers available at the dock ____9^ 14. List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips______ Transient (day use) off-shore buoys Permanent moorage slips Dry storage (rack) slips _ Permanent moorage off-shore buoys Maximum number of boats at the dock ^ 15. List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. _____,0 spaces. F.ROSION AND SEDIMENTATION CONTROL 16.Shoreline is protected by (check applicable items): ___ stone rip rap ___wood seawall ____metal seawall concrete seawall grass and vegetation only other (specify) 17.Depth of water at shoreline: ft; at 50 ft. out: ; at 100 ft. out: REQUIRED ATTACHMENTS The following must accompany this application: A. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. B. IINTNCORPORATED GROUPS OR ASSOCIATIONS 1. A list of the names and mailing addresses of all members and/or slip users. 2.A certified copy of the by-laws or agreement for Joint use. Note: This copy is not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made in _______(state year) and on file with the City." Applicant’s initials Page 3 of 4 c. . TNr.ORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. 2. A statement as to the total number of members in the club or association. members A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies arc not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock'S to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in_________ (state year) and on file with the City." _______________Applicants initials ANNTTAT. LTCFNSE FKE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE ($50.00) RENEWAL JOINT USE FEE, per year PT.IJS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy. C, slips @ 2.00 each LATE FEE ($25.00) if application returned after 1/31/99 TOTAL DUE THIS APPLICATION 20.00 57^ 1 .ATE FEE - Renewals Application for renewal of licenses shall be made no later than January 31 of the license year. :Di£ City shall not accept renewal license applications received after January 31 unless the aPPlloatlO B is accompanied by a late fee of $25.00. RF.VIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marina Committee. The Council will pass upon the application after con-iplete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the (3ity of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed _ ______________Date—3 'I ^^ Page 4 of 4 ..j c^uU/l'e/u* cje^Jcha^dn^<r^f\ /If iffc/y^%1l, mm ^s3iv fo^ 1^ ‘^'- '’-■-^Sid f;';ri_^A! SiSi-'l/Tloja SMd P-S/'Pf'modd S:>i<iV 0/y\_%0 (\l, vriajU R^i Sf-€4/'7^(y /!/- ^S-PIl (DoiJ (/Tc^ f ■. aSf^m}=i-.O 'John^'K Pr‘'-d -i' <C U/ oyiruK- prrtchr s^ fna-2^ J ( L. GlTYofORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323 0066 TELECOPY COVER; KTTER Please deliver the follosving page(s) to: Name: Susan Wanner From: Mike Gaffron Total number of pages including this cover letter: I Date: March 22, 1999 IF YOU DO NOT RECEIVE ALL THE PACES. PLEASE CALL US AS SOON AS POSSIBLE Phone; (612) 249-4600 and ask for Mike. Our fa.\ number is; (612) 249-4616 Additional Message: Thank you for your fax. Fees are due for 1997-98-99 as follows: 1997 Renewal Fee 1997 Slip Fee(6@$2) 1997 Late Fee 1998 Renewal Fee 1998 Slip Fee (6@$2) 1998 Late Fee 1999 Renewal Fee 1999 Slip Fee (6@$2) 1999 Late Fee Total Fees Due $ 20.00 12.00 25.00 20.00 12.00 25.00 20.00 12.00 25.00 City of Orono P.O. Box 66 Crystal Bay, W S5323 (612)473-7357 04/08/99 Customer: 97-98-99 LICENSE - OTHER BUS. 14:21:57 K LICENSE S171.00 Please call if you have further questions regarding the application. Sincerely, 1 8 171.00 171.00 SUBTOTAL 171.00 TAX 0.00 TOTAL 171.00 Check Received 171.00 CHANt3E 0.00 CLERK! 06 TRANS! 9420 Michael P. Gaffron Senior Planning Coordinator Telephone (612) 4^-935?^ • FAX 473^4516- M COUMCIL MEETING REQUEST FOR COUNCIL ACTION APR 2 6 1999 err Y uh UMui'yu DATE; April 23,1999 ITEM NO / /3 Department Approval: a Name Michael P. Gaffron Title Senior Planning Coordinator Administrator Reviewed:Agenda Section: Zoning Item Description: Kelly Cove Joint Use Dock - Approval Resolutions List of Exhibits A - Resolution Approving Creation of Joint Use Dock Area for KCHA B - Tom Barrett April 20, 1999 Memo to Kelly Cove & Navarre Cove Homeowners C - Resolution Approving a 1999 Joint Use Dock License for KCHA D - Council Minutes November 9, 1998 On November 9, 1998 the City Council directed staff to draft a resolution for approving the Kelly Cove Homeowners Association joint use dock. This involves creation of a 4-slip dock extending from Outlot A, kelly Cove to serve the remaining 4 duplex units on Lots 1-4, Kelly Cove. The Hoyt property which formerly contained a duplex but is now vacant, is then limited to 2 slips regardless whether it is ultimately used for single family or duplex purposes. City Attorney Tom Barrett has established conditions which KCHA must fulfill for this matter to be completed. Staff has drafted two resolutions in relation to this matter. The first resolution is an approval for the creation of a joint use dock area to serv'e KCHA, incorporating relevant findings and providing the basis on which Oroiio is approving the joint use. and incorporating approval coiiditions. The second resolution is the standard Annual Joint Use Dock License approval for the period 4-26-99 through 12-31-99. KCHA will have to apply for an annual joint use dock license as do other joint dock users in Orono. Staff Recomn'.cndation The first resolution requires KCHA to execute certain legal steps or actions which may take some additional time. Staff is recommending that a 1999 Joint Use Dock License be issued to KCHA subject to no year 2000 license being issued until all legal requirements have been completed. This makes it incumbent upon KCHA and Hoyt to finalize all legal requirements this year. COUNCIL ACTION REQUESTED Adopt Resolution No.___approving creation of the KCHA joint use dock area and Resolution No. granting a 1999 Joint Use Dock License to KCHA. A RESOLUTION APPROVING CREATION OF A JOINT USE DOCKING AREA ADJACENT TO OUTLOT A, KELLY COVE TO SERVE THE KELLY COVE HOMEOWNERS ASSOCIATION WHEREAS, the Kelly Cove Homeowners Association of Orono, Minnesota, a non­ profit Minnesota corporation (hereinafter "KCHA") has applied to the City of Orono for a Joint Use Dock License to permit the construction, use and maintenance of a 4-slip private dock to be located adjacent to Outlot A, Kelly Cove, Hennepin County, Minnesota and within Outlot B, Navarre Cove, Hennepin County, Minnesota; and WHEREAS, said Outlot A is common open space owned by KCHA which ser\'es 4 duplex dwelling units located on Lots 1 through 4, Kelly Cove; and WHEREAS, said Outlot B is owned by the City of Orono based on a quit-claim deed executed by James K. Lindsay of Kelly Avenue Duplexes Co. on June 11, 1979 , and said Outlot B constitutes a portion of a dredged lagoon adjacent and contiguous to Lake Minnetonka, and the land elevation of said lagoon is almost entirely below the 929.4' MSL Ordinary High Water Level of Lake Minnetonka, and said lagoon is used by members of the public for navigation and access to Lake Minnetonka; and WHEREAS, the City of Orono has in the past and does continue to assert its authority to regulate the construction, location and use of Joint Use Docks within the City, and does further assert its authority to regulate the placement of temporary and permanent structures including docks within City owned properties, and particularly within Outlot B, Navarre Cove; and WHEREAS, the City of Orono on March 30, 1978 adopted Resolution No. 892, approving a Joint Use Dock License and permit for Kelly Avenue Holding Company to allow construction of a dock containing six (6) slips within Tract A, R.L.S. 1428; and said dock was to provide one slip for each of 6 dwelling units contained in a total of 3 duplex buildings constructed within said Tract A; and said approval placed conditions on the construction and use of said dock; and WHEREAS, in 1979 said Tract A, R.L.S. 1428 was further subdivided to create the plat of Navarre Cove, creating 3 separate Lots, each Lot containing one of the three existing duplex buildings; and further creating two outlots: Outlot A adjacent to Lot 3, to accommodate a joint use Page I of 9 dock to serve all six existing dwelling units; and Outlot B over the dredged lagoon area, to be deeded to the City of Orono for the benefit of the public; and WHEREAS, City Council Resolution No. 1058 adopted August 14,1979 approving the plat of Navarre Cove, contained findings and conditions of approval including the dedication of a wetland easement adjacent to the lagoon; platting of Outlot A to be owned and maintained by the Navarre Cove Homeowners Association (Lots 1-2-3), and use of Outlot A for joint use dock purposes subject to annual license and limited to one slip per dwelling unit; and creation of a walking easement over Lots 2 and 3 in favor of Lots 1 and 2 for continued access to Outlot A for the owners of Lots 1 and 2; and WHEREAS, in 1984 Lots 1 and 2, Navarre Cove, were replatted as Kelly Cove, creating 4 individual building pad lots to allow individual ownership of each dwelling unit within the duplex buildings, and creating a commons outlot (Outlot A, Navarre Cove) from the remainder of said Lots 1 and 2; and WHEREAS, City Council Resolution No. 1621 adopted April 23,1984 approving the plat of Kelly Cove contained findings and conditions of approval, including creation of private covenants to assure the continued upkeep and maintenance of shared improvements in Outlot A, Kelly Cove; establishing that no docks may be constructed on Outlot A, Kelly Cove; and establishing that all conditions of Resolution No. 1058 shall continue in effect, including the wetland easement, the walking easements, and the use of Outlot A, Navarre Cove for joint use dock purposes; and WHEREAS, on June 11, 1998, KCHA made formal application to the City of Orono for approval to construct a new 4-slip joint use dock extending from Outlot A, Kelly Cove into the lagoon (Outlot B, Navarre Cove), to serve only the 4 dwelling units contained on Lots 1 through 4, Kelly Cove; the intent of KCHA being to separate itself from Lot 3 and Outlot A, Navarre Cove. The basis for said request was in part because the duplex on Lot 3, Navarre Cove had been demolished and the owner of Lot 3, Navarre Cove, while having received approval to construct a new duplex on Lot 3, wished to preser\ e the ability to construct a single family dwelling or a duplex on Lot 3 without the burden of the joint dock on Outlot A, Navarre Cove; and WHEREAS, pursuant to published and mailed notice to all owners of property' abutting the lagoon, Orono City Council held a public hearing on July 27, 1998, at which time all members of the public wishing to address the Council on this matter were heard; and Page 2 of 9 WHEREAS, KCHA at the public hearing provided a proposed dock location and layout which as a result of the public comments at the public hearing was deemed to require revisions in order to have less potential impact on navigation within the lagoon; and WHEREAS, the owner of Lot 3, Navarre Cove, via a letter by his attorney Rick Sheridan dated September 21, 1998 indicated a willingness to limit the future use of said Lot 3 to no more than two (2) dock slips extending into Outlot B, Navarre Cove, regardless whether Lot 3 is ultimately used for single family residence or duplex residence purposes; and WHEREAS, on November 9,1998 the City Council held a second public hearing to review the revised dock proposal and directed staff to draft an appropriate resolution approving a joint use dock license to Kelly Cove Homeowners Association per the conditions set forth in the staff memo dated November 5,19 ‘, ; and WHEREAS, the City Council of Orono, Minnesota does hereby make the following Findings of Fact in regards to this application: 1. 2. 3. Construction and use of docks within Outlot B, Navarre Cove, has a potential negative impact on public use and navigability of the lagoon, as well as potential impacts on its wildlife habitat characteristics, and therefore it is reasonable for the City to place limitations on the location, length, layout and number of dock slips constructed within Outlot B. The City has in past approvals placed strict limits on the use of Outlot B, Navarre Cove based not only on the navigability and public use issues, but also based on the City's land use and density standards, which act to limit to a reasonable level the density of housing with direct or indirect access to Lake Minnetonka, and thereby limit the negative impacts to the Lake caused by development of its shores. Under Orono's zoning standards for the LR-IB Zoning District in which the plats of Kelly Cove and Navarre Cove are located, each single family residence shall have a minimum lot width of 140 ’ as measured at the shoreline and at the 75* lakeshore setback. The 1979 plat of Navarre Cove would have been allowed no more than two single family residences based on having approximately 400' of width as measured along the shoreline. Page 3 of 9 4. 5. 6. 7. 8. The lake usage impact on the lagoon of six single family dwelling units as compared to that of just two units, is compounded when factoring in the shape and configuration of the lagoon. The lagoon is physically not of a size or configuration that could support more than a small number of docks or slips without leading to unreasonable crowding and hindrances to navigability. If Lot 3, Navarre Cove was to be developed as a single family residence and if Outlet A, Navarre Cove was combined with Lot 3 and a new joint dock serving just the Kelly Cove residents was constructed from Outlot A, Kelly Cove, Lake Minnetonka Conservation District rules would permit up to four slips in the lagoon for use by the owners of Lot 3. The result would be an increase in total slips in the lagoon from 6 slips to 8 slips. It was reasonable and prudent to limit to six (6) the number of slips serving 6 dwelling units on a lakeshore that has width that would normally support no more than two single family residences with full riparian access. The potential reduction of dwelling units from 6 to 5 suggests that only 5 slips should be allowed in Outlot B, Navarre Cove; however, the conversion of a duplex lot to a conforming single family lot also suggests a reduction in density that should not be penalized by a reducing the number of slips below the existing level. The proposed 4-slip joint use dock meets the standards established for joint uses in Municipal Code Section 5.42 because it results in no more than 1 slip per 50’ of shoreline as measured in a straight line (approximately 220'), and does not require or result in additional parking or new hardcover. The area of the wetland easement that would be impacted by extension of a dock from Outlot A, Kelly Cove into the lagoon, is minimal, and no grading, filling, hardsurface placement or other activity that might be detrimental to the wetland area, is proposed. Further, the portion of the wetland easement that is affected, does not exhibit the characteristics of a wetland but appears as dry ground and is maintained as lawn area. Page 4 of9 r 9. The condicion in Resolution No. 1621 that prohibits the construction of residential docks on the shoreline of Outlot A, Kelly Cove, must be amended in order to allow construction of such docks, and the condition of Resolution No. 1621 that continues in effect the conditions of Resolution No. 1058 regarding use of Outlot A, Navarre Cove as a joint use dock area serving all 6 units, must also be amended. 10. It is appropriate that the KCHA be the beneficiary of a deed restriction over Lot 3, Navarre Cove and Outlot A, Navarre Cove limiting the owner of said Lot and Outlot to 2 slips, to protect the lake views and navigability enjoyed by KCHA members once said Outlot is no longer under KCHA control. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the creation of a new joint use dock area to serve Lots 1 through 4, Kelly Cove, subject to the following conditions; 1.A new joint-use dock shall be allowed to extend fi’om Outlot A, Kelly Cove ("the commons") into Outlot B, Navarre Cove ("the lagoon") to serve the 4-unit Kelly Cove Homeowners Association, subject to an annual Joint Use Dock License per the licens,' requirements of the Orono Municipal Code. 2.The new joint-use dock shall be of a length, width, configuration and location to be reviewed annually as part of the annual Joint Use Dock License review process. 3.The existing flowage & conservation easement ever Outlot A, Kelly Cove shall be amended to allow for said dock construction, and the City shall accept such amendment. 4.The approval conditions of the plats of Navarre Cove (Resolution #1028) and Kelly Cove (Resolution #1621) shall be amended by the City to allow for the proposed KCHA joint use dock. 5.The Kelly Cove Homeowners Association and its individual members shall extinguish their easement rights over and across Lot 3 and Outlot A, Navarre Cove. Further, the KCHA shall execute covenants limiting KCHA to no more than 4 slips in the lagoon, 1 for each of the 4 KCHA dwelling units. Page 5 of 9 6.The interests of the Navarre Cove Homeowners Association (NCHA) in Outlot A, Navarre Cove shall be extinguished, and Outlot A, Navarre Cove and Lot 3, Navarre Cove shall be legally combined. 7.Regardless whether the combination of Lot 3 and Outlot A, Navarre Cove ("Hoyt property") is ultimately developed for use as a single family residence or a duplex, there shall be no more than 2 dock slips provided within the lagoon for the Hoyt property. The owner of the Hoyt property shall execute a deed restrictive covenant to this effect. The owner of the Hoyt property shall obtain a one-time building permit for consUiiction of a new 2-slip seasonal dock within the lagoon, subject to City staff approval, and may annually place said dock in kind without obtaining an annual permit. 8.Applicants shall comply with any legal requirements that may be established .by the City Attorney in his memo to Kelly Cova nd Navarre Cove Homeowners dated April 20,1999 and any other legal requirements the City Attorney may subsequently establish. 9.The City will issue a 1999 Annual Joint Use Dock License to Kelly Cove Homeowners Association subject to completion of all requirements of this Resolution. No such license shall be issued for year 2000 or subsequent years unless/until the conditions of this Resolution are complied with. Adopted by the City Council of Orono this 26th day of April, 1999. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Page 6 of 9 1 r'i- (Rep. of KCHA) (Rep. of NCHA) (Owner of Lot 3) STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ss. ) The foregoing instrument was acknowledged before me on this 26th day of April, 1999 before me 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 7 of9 STATE OF MINNESOTA COUNTY OF HENNEPIN On this ) )ss. ) day of 1999 before me a Notary Public w.hin 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. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) NOTARY PUBLIC day of , 1997 before me a Notary PublicOn this_______________ 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 8 of9 r >»,( STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ss. ) On this day of 1997 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 04-'23>'99 12:23 FAX 612 334 8888 HINSHAW 0002/003TO: FROM: DATE: RE: MEMORANDUMKelly Cove, Navarre Cove Homeowners Thomas Barrett, Orono City Attorney April 20. 1999 Requirements for Kelly Cove, Navarre Cove to support the proposed resolution of the City Council In order the achieve the City's goals in allowing the reconfiguration of the dock rights on these properties, we believe that the following legal steps need to be taken: 1. We need a title opinion for all of the affected properties: A. Lots 1,2,3, and 4, Kelly Cove; B. Lot 3, Navarre Cove; C. Outlot A and B, Navarre Cove; and D. Outlot A, Kelly Cove 2. We need to review the homeowners association declarations which provide for use privileges and restrictions of Outlot A, Navarre Cove and Outlot A. Kelly Cove; 3. The declaration will have to be amended to change the membership arrangements; 4. A docking agreement/ cove mt, which must includes the consent of the City, must be developed for Outlot A, Kelly Cove; 5. The docking agreement/covenant for Outlot A, Navarre Cove must be properly amended after we have reviewed the homeowners association declaration and any recorded agreement there may be with respect to docking rights; 6. The walking easement benefiting Kelly Cove must be terminated; 7. The wetland easement may need to be properly amended; 8. The restriction prohibiting docks on Outlot A. Kelly Cove contained in Resolution No. 1621 must be terminated; and 082/22175499 4/23/99 ' ^ ' 'I 04/23/99 12:24 FAI 612 334 883$HINSHAff 0003/003 9. The Resolution approving these changes should direct that Lot 3, Block 1, and Outlet A, Navarre Cove be combined into one tax parcel. 10. Any other legal requirements which the review of the above mentioned documents may required. The title opinions are necessary to determine the p.\rtjes who must consent to these rearrangements which have been requested. I h ve asked Mike Oaffron to place this matter on the City Council agenda for Monday, April 26.1999. Please call me to discuss 082/22175499 4Q3/99 RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO KELLY COVE HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF APRIL 26, 1999 TO DECEMBER 31,1999 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LM<^^ ! uic v^iiy of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and Page 1 of2 WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the foUowing special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 26th ’day of April, 1999. ATTEST: Gabriel Jabbour, Mayor Linda S. Vee, City Clerk STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ss. ) The foregoing instrument was acknowledged before me on this 26th day of April, 1999 by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of 2 ■i CrfY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Kelly Cove Homeowners Association of Orono Dock Address; 2497-2503 Kelly Avenue (Outlot A, Kelly Cove) Agent: Austin H. Evans, President Address: 2497 Kelly Avenue, Excelsior, MN 55331 Licensee is:unincorporated homeowner's group X incorporated homeowner's association ___ unincorporated club or recreation group ___ incorporated club or recreation group ___ other_________________________ License Period - April 26,1999 to December 31, 1999 BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B«id^ and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY uirii Exhibit A Resolution No.. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. 1.Licensee shall comply with all conditions and requirements of City of Orono Resolution No. 2. The maximum allowed boat density per Resolution No.is 4 total slips. Any increase above this number of slips is prohibited. The number of slips licensed for the current license period is A- V. STYROFOAM DOCK ADVISORY. Licensee is advised that the use of unprotected styrofoam as a dock flotation material has been banned per Ordinance No. 104, Second Series. rV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. j Nothing in this license shall confer upon any person for the benefit of any property any vested right to use « Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent ^ regulatory authorities shall deem necessary from time to time in the public interest. ^ i rt • u • O.Kli>!‘122 ( ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 9,1998 (#7) #2428 TERRY MAURER ON BEHALF OF DAVID AND CHRISTINE H AKDTEN, 2515 KELLY AVENUE - VARIANCE - continueid Kelley inquired if the applicants were aware of the hardcover ordinances before the house was designed. Mr. Maurer responded in the affirmative but felt the house needed to be representative of the neighborhood. Kelley asked what hardship exists within the 75-250' setback area. Mr. Maurer stated the pie shape of the lot. Mayor Jabbour felt there is a wide-range of property values in Orono and the argument of neighborhood demand is an irrelevant issue. After discussion. Council felt it important not to exceed 25% hardcover limitation wthin the 75-25C setback area for new construction. The applicants were asked if they wanted the application tabled to give them an opporturuty to revise the proposed plan. Mr. Maurer stated they would do their best to meet the 25% requirement within the area. Mayor Jabbour moved, Peterson seconded, to table Application #2428, 2515 Kelly Avenue, until the November 23, 1998 Council meeting. Vote; Ayes 5, Nays 0. (#8) JOINT USE DOCK LICENSE - KELLY COVE HOMEOWNERS ASSOCIATION John Bessessen (representing Brad Hoyt), Austin Evans and Todd Jones were present. Gaffron explained that on July 13, 1998 this application was tabled and ultimately denied on July 27, 1998 with the stipulation that applicants could reapply at no charge providing an agreement could be made regarding the Hoyt property. At this time the Kelly Cove Homeowners Association proposes to move the dock approximately 20' to the east with a reduction from 56' to 48' in total length from shore. No change has been made to the 4 individual slips of 13'x32'. Mr. Hoyt h^ agreed to restrict the use of Lot 3 to 2 slips whether or not a duplex or sin^e family residence is built on Lot 3. This will not result in an increase of the number of boats using the lagoon but a change in slip location. The proposed dock situation does meet the City's code standards and there will be no negative impacts on the wetland. Mr. Evans indicated they are in agreement with the plan. John Bessessen, representing Brad Hoyt, stated Hoyt was in agreement with limiting the property to two slips. I i5 ORONO CTTY COUNCIL MEETING MINUTES FOR NOVEMBER 9,1998 (#8) JOINT USE DOCK LICENSE - KELLY COVE HOMEOWNERS ASSOCIATION continued Mayor Jabbour reflected on what the ori^al developer's intentions might have been for the area and noted that life in 1999 is slightly different than 1979. He indicated the City should not be in the business of controlling the activities on that site and that a covenant be drafted in favor of the Kelly Cove Homeowners Association to be in control. Outlot A would be added to Lot 3 which would eliminate any easements placed on that lot. Barrett suggested that an easement be placed on Lot 3 restricting the number of slips on that lot. Bessessen felt that could be a problem. Mayor Jabbour asked if anyone from the neirhborhood was present. Mr. Edwards appreciates any consideration made to the habitat of the lagoon in trying to preserve the navigational areas proposed. Kelley m.oved, Goetten seconded to direct staff to draft an appropriate resolution approving a joint use dock license to Kelly Cove Homeowners Association per the conditions set forth in the staff memo dated November 5,1998. Vote: Ayes 5, Nays 0. (*#9) ADOPT COMPREHENSIVE PLAN AMENDMENT #7 - MAXWELL BAY MUSA - RESOLUTION NO. 4195. Kelley moved, Peterson seconded, to adopt Resolution No. 4195 approving Comprehensive Plan Amendment #7. Vote: Ayes 5, Nays 0. (#10) COMMERCIAL/INDUSTRIAL PARK FEE - ADMINISTRATIVE PROCEDURE This will be discussed following Item #11. (#11) LITTLE ORCHARD - REQUEST TO AMEND EASEMEI^ DESCRIPTION Dan Anderson, Kyle Hunt and Ted Kemna, surveyor with Schoell & Madson, were present 4 REQUEST FOR COUNCIL ACTION Department Approval: Administrator Approval: Name: Michael P. Gaffron'^^^*^^* Title: Senior Planning Cooidinator COUNCIL MEETING APR 2 6 1999 Cl I Y Ut- OhUNU Date: April 22,1999 Item No./y Agenda Section: Zoning Item Description: Amend Section 9.34 - Allow Above-Ground Fuel Tanks in B-2 District List of Exhibits A - Draft Ordinance for Discussion B - Memo and E,\hibits of April 7, 1999 At the April 12 meeting Councilmembers indicated general support for the use of above-ground fuel storage tanks in the B-2 Lakeshore Business District. An ordinance to amend Section 9.34 to simply allow above-ground tanks in the B-2 zone, is attached for Council consideration. This is not a zoning matter, and therefore does not require a public hearing. Passage requires a majority vote (3/5) of the Council. Staff has not had an opportunity to review the ramifications of this revision as it relates to Orono's 5 marinas. It certainly provides them an alternative to underground tanks. However, it also likely will result in requests for hardcover variances as well as property line and lakeshore setback variances. Above-ground tanks also can have a visual impact as well as an impact on traffic flow and other activities occurring within a site. Proper location is critical to minimize these impacts. The Minnesota Uniform Fire Code (MUFC) provides strict regulations for the location, design and use of fuel dispensing systems, including above-ground tanks, in Minnesota. Orono Municipal Code Section 9.34, "Fire Protection and Prevention", adopts the MUFC and incorporates certain City amendments to it. It would be helpful to staff to have the Fire Marshal review the current City ordinances to determine whether it may be appropriate to further amend and update Section 9.34. As of this writing staff has had only minimal contact with the two marinas currently contemplating installation of above-ground tanks. Neither has submitted a variance application w'hich is likely to be needed in both cases due to hardcover and setback considerations. Additionally, an above ground tank may result in marina owners having to make hard choices regarding site usage, especially where parking stalls are sacrificed, or where the ability to store and dispense fuel may lead to an e.xpanded marina operation on a severely limited site. Amend Section 9.34 April 22,1999 Page 2 Code Section 9.34 Subd. 2A currently prohibits above-ground tanks in certain zoning districts as follows: Above-Ground Tanks Allowed LR-IB 1-acre Lakeshore Single Family LR-IA 2-acre Lakeshore Single Family RR-1A 5-acre Rural Single Family RR-IB 2-acre Rural Single Family B-6 Highway Commercial District I Industrial District PID Planned Industrial District PUD Planned Unit Development Above-Ground Tanks Prohibited R-IA 1-acre Single Family R-IB 1/2-acre Single Family RR-lB-1 2-acre Rural Single Family Subdistrict RS 5 acre Seasonal Recreational LR-1C 1/2 acre Lakeshore Single Family LR-1C-1 1/2 acre Lakeshore Single Family Subd. B-1 General Business Lakeshore Business Shopping Center Business District Office and Professional Business District Limited Neighborhood Business District Multiple Family Planned Residential District B-2 B-3 B-4 B-5 M-6 PRD Planned Residential Development Staff has not had time to research the background as to why above-ground tanks were allowed in certain districts and not in others. COUNCIL ACTION REQUESTED Consider whether to adopt the attached ordinance which simply eliminates the B-2 district from die list of zoning districts in which above-ground tanks are prohibited; qc table this for further staff review as time permits (this is likely a critical issue to the two marinas that want above-ground tanks; it is not an issue of priority in the current City staff workload). ( i I ORDINANCE NO.____, SECOND SERIES AMENDING ORONO MUNICIPAL CODE SECTION 9.34 BY ALLOWING ABOVEGROUND FUEL STORAGE TANKS IN THE B-2 ZONING DISTRICT The City Council of Orono does ordain: SECTION 1. Section 9.34, Subdivision 2 (A)(1) of the Orono Municipal Code of Orono is hereby amended by deleting the B-2 zoning district from the list of zoning districts in which the storage of flammable or combustible liquids in aboveground tanks is prohibited. Subdivision 2(A)(1) is therefore amended to read as follows: 1. Prohibited Districts Established. Pursuant to MUFC Sections 79.501 and 79.1001, the Council hereby declares all land located within the following Sf^cifled zoning districts to be the districts vydthin which the storage of flammable or combustible liquids in aboveground tanks is prohibited: R-IA, R-IB, RR-lB-1, RS, LR-IC, LR-lC-1, B-1, B-3, B-4, B-5, M-6 and PRD. SECTION 2. This ordinance shall be published in THE LAKER/PIONEFR newspaper and shall be effective upon publication. Adopted by the City Council of the City of Orono, Minnesota at its regular meeting held the 26th day of April, 1999. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Page 1 of 1 REQUEST FOR COUNCIL ACTION Date: April 7,1999 Item No.: Department Approval: Administrator Approval: Name: Michael P. Gaffron Title: Senior Planning Coordinator Agenda Section: Zoning Item Description: King's Cove Marina, 1449 Shoreline Drive - Request for Temporary Above-Ground Gasoline Teink List of Exhibits A - King's Cove Mechanical Permit Application B - System Description C - Site Map - Proposed Location v D - Code Section 9.34 - Fire Protection and Prevention Staff is in receipt of a permit request today from King's Cove Marina for a temporary above-ground gasoline storage tank. The intended use is to fuel new boats being sold at the property. We have not licensed King's Cove for fuel sales, although that is an allowed use in the B-2 zone. They don't intend to sell fuel to the public. Apparently the new boats for sale arrive at the site without fuel, and in the past King's Cove has fueled them directly from a tank truck, which can lead to a number of potential problems, such as spillage due to the limited ability to slow the flow from such trucks to a rate that can be used to fill vehicle tanks. Jon Mayer of Mayer Distributing in Long Lake is proposing a 560-gallon above-ground tank to be located in a parking stall next to the boat lift. The tank is approximately 4' wide, 6' long and 4' high. It would be delivered in the spring and removed in the fall. There are a number of issues which staff has not yet had a chance to fully address, including: A below ground tank at least 75' from the lake would be allowed at this B-2 site, subject to meeting all Federal and State regulations. The proposed above-ground tank takes up a parking stall, or at least a portion of one; staffs recollection is that the marina has no excess stalls to give up; The Zoning Code doesn't allow structures or hardcover within 75' of the lake; Code Section 9.34 does not allow above-ground tanks in the B-2 Commercial District nor in any of our commercial districts, nor in some of our residential districts; King's Cove Fuel System April 7,1999 Page 2 Code section 9.34 would allow an underground tank or a dikfid above-ground tank as near as 30' to the lake (this seems to be in conflict with zoning code) Locating an above-ground tank at a location 75' from the lake would make it difficult to fuel new boats in the water. Hoses would have to be stretched across the parking lot, which would be hazardous and is not advisable. We need to determine whether it is feasible to have a temj>orary above-ground tank remote from the dispensing point using underground piping. Issues for Discussion/Further Investigation 1. 2. 3. Why does the Code disallow above-ground tanks in certain zones? Is this an aesthetic issue or is it for technical reasons due to safety or environmental concerns? Staff has not had a chance to review City files related to this code section. Absent a code revision, staff would have to deny this request, as well as a recent proposal by Lakeside Marina to replace their underground tanks with an above-ground system. In the King's Cove situation, continued fueling via tank trucks probably poses more environmental risks than an above-ground tank. Review Process Since the B-2 District standards require all building permits to be reviewed by Council, this request could be subject to the commercial site plan review process, even though it is applied for as a 'mechanical permit'. Council may refer this to Planning Commission, or may choose to review it without Planning Commission input. The proposal as presented involves zoning code issues (Chapter 10), and variances may ultimately be required; there are also Fire Protection and Prevention issues (Chapter 9, Section 9.34) which are outside the scope of zoning. Given these issues, it may be most appropriate for this request to be referred to Planning Conunission for review, and direct staff to review City policies regarding fuel systems. Input from the Fire Marshal would also be requested. COUNCIL ACTION REQUESTED 1. Refer this application to Planning Commission for Commercial Site Plan review. 2. Direct staff to investigate the issue of above-ground vs below-ground tanks for use in marina settings. r RSGSrvSD APR 0 7 1999 CITY OF ORONO Box 66 (2750 Kelley Parkway) Crystal Bay, MN 55323 APPLICATION FOR MEGHANieAEOS^IMIT 2. 3. GENERAL INFORMATION 1. ■ You may apply for mechanical permits by mail or in person at the City offices. Applications will be reviewed and a permit will be issued within 2 working days. Permit cards will be sent by return mail after a review is completed. PERMITS ARE NOT VALID UNTIL YOU RECEIVE A PERMIT. WORK MUST NOT BEGIN UNTIL THE PERMIT CARD IS POSTED ON THE JOB SITE. Mechanical Designs » Complete calculations, details and specifications are required for eadi heating, ventilation, humidification-dehumidification, and air conditioning installation including heat loss/heat gain calculation, design tenqieTatures, equipment radngs and identification as to type, manufacturer and model. Data »bali be presented on form provided. Identification of and specifications for water heating equipment shall also be provided. When any new construction or remodeling is involved, a separate building penmt must be obtained. All work must be done in accord? uce with the Uniform Mechanical Code/State Building Code requirements. All work must be inspected (rough*io and final). Call 249*4600. 24-hour notice required. House Heating Test Record must be submitted before final. 4. 5. 6. 7. Tnatnictlons Complete all items on this application. Cooqmte the permit fee. Sign and date the certification. INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED. If you have questions, call 249-4600. Please check one:New Addition Repair Rqilace Residential XX Commercial Zip: 55391JOB Sii'L; King ’s Cove 1449 Shoreline Dr _________ Owner ’s Name: sig Rishoud____________Tdephone Number: 6127437-6186_ Mailing Address: 1449 shoreline Drive City: Wavzata Zip: 55391-------- Contractor ’s Name: Jon MaverfLubes unlimited Tdephone Number: 6l2-4737_5488 Mailing Address: P.o. Box 624 _____________Ci^: wavzata ----------Zip: 5539_l---------- SYSTEM DESCRIPTION HEATING SYSTEMS (Quantity: _ Make: Model: Fuel: Flue Size: Input BTUs: Output BTUs: see attached sheet fnr FhpI_System. Dearson 560 Gasoline N/A N/A CFM: COOLING SYSTEMS (Quantity: __ Make: __ Model: _ Tons: _ H. Power mm i^n DISTRIBUTING Diesel Fuel • Gasoline • Commercial Lubricants Jon Mayor FAX: (612) 473-3045 Off; (612) 473-5488 j 1.600-622-7807 i WOOD BURNING E( Wood stove with flue Wood combination or add-on Factory fireplace with flue Factory Fireplace (s)____ Freestanding ___ Wood Stove (s) ' • .____ Franklin, other Masonry Brand Name Model No. Mfgr’s Min., Clearances, side rear min. flue dia. VEi CUl:.ATION No.____ No.____ No. Kitchen Exhaust ducted recirculating cfm Bath Exhaust (must be ducted outside) Other Fans: Locations cfln cfm FUEL STORAGE (MUST BE APPROVED BY FIRE MARSHAL) Temp X Installation __ Removal ____ gallons ____ underground ____ ____ gallons Fuel oil: LP Gas: inside odtside XX Other Gasoline Tank - temporary Gas opening PERMIT FEE CALCULATION 1. 1.25% of Contract Price* or Minimum Fee (S35.001 X .0125 $ 2. (contract price) State Surcharge. ** Add the State Building Code Division Surcharge to each permit. _______________ x .0005 $ or $.50, whichever is greater (contract price) 3. 4. Postage and Handling (Only mail-in applications) TOTAL PERMIT FEE (Add lines 1-3 above) $ $ 1.50 * CONTRACT PRICE or JOB COST means the actual or estimated dollar amount charged for the permitted work including materials, labor, profit, and other fixed costs. It is the amount to be charged to the customer for the work done. If any material, equipment, labor, or installation are furnished by the owner, tenant or ai^ other party the reasonable ma^et value of such items must be added to the estimated cost or contract price for pennit fee purposes. In the event that there is a dispute on the amount of the job cost, the City may request the subi^ssion of a signed copy of the actual contract. *• The STATE SURCHARGE is .0005 of the contract price under $1,009,000 or $.50 - whichever Is greater. For valuations over $1,000,000 call the Depanment of Inspectional Services for the price. The undersigned hereby applies to the City for issuance of a Mechanical Permit, agrees to do all work in strict accordance with the ordinances of the City and the regulations of the Minnesota State Building Code, and certifies that all statements made on this application are complete, tnie and correct. Applicant ’s Signature:Date: Approved By:Date: ► B Mayer Distributing / Lubes Unlimited P.O. Box 358 Long Lake, MN. 55356 612-473-5488 612-473-3045 (fax) SYSTEM DESCRIPTION Gasoline Storage ‘ I 1. Tank Size - 560 Gallons Double wall color - Red 2. Venting - Atmospheric*Fire Vent, Explosion 4” 3. Overfill System - Spill bucket style. 4. Pump System. Gasboy 72 ... “Not for Resale 5. Hose with breakaway Fittings, Nozzle - Station style. 6. Labeling -1203 Diamond Decals, Gasoline decals with Lubes Unlimited name and phone number. This tank will be tenworary only April 15*^ 1999 to October 15* 1999. i-ccw'/o/O C 1 I. i I § 9.34 SEC. 9.34. FIRE PROTECTION AND PREVENTION. Subd. 1. Minnesota Uniform Fire Code Minnesota Onifotm Fire Code, 1982 Edition («0^>' as though sat forth verbatim herein. One copy .V®“ marked CITY OP ORONO - OFFICIAL COPY and kept on file in the office of the City Clerk and open to inspection and use y public. Subd. 2. Fire Code Amendments. As Minnesota Dniform Fire Code, the following amendments to the Minnesota Uniform Fire Code are hereby adopted for the Cxty. A. Restrictions on Flammable or Combustible Liquid Storage. Prohibited Districts Established. Pursuant to MOFC Sections 79.501 and 79.1001, the all land located within the following specified zoning distrirts to be the districts within which the storage il ./ combustible liquids in aboveground tanks “ B-S^,’M-6 anl ^ R-IB, RR-lB-1, RS, LR-IC, LR-lC-1, B-l,_B-2, 3-3, B^ 4, B 5, n « a ^ PRD. ...................................... ■■ ■ 2 Aboveground Tank Locations. In those districts not included m Item 1 above, ie storage of flannnable or comb^tible liquids permitted provided such tanks are located in conformance with MUFC Sccuons 79.501 and 79.1001, and with the following: (a) No such tank shall be located in any required front yard space as defined in the Zoning Chapter. (b) No such tank shall be located within 50 feet of any side or rear property line unl^ it has a minimum one hour rating. one hotifite rating may be located within 30 feet of any side or rear propei^ Ime. (c) No such tank shall be located within T5 feet wetland, stream or drainageway unless such tank is diked ^ Section 79.508. The minimum setback for a diked tank shall be 30 feet from the lake, wetland, stream or drainageway. ORDINANCE if 121 > 2^ SERIK __________________September, 1993. ______I ORONO CC l>^' L^- LR- ^-\t B-C) f iaD> 219 (4-1-84) s 9.34 3. Underground Tank Locations, The storage of flammable or combustible liquids in underground tanks shall be permitted in any district in accordance with MUFC Section 79.601 and with the following: (a) No such tank shall be located under any required front yard space as defined in the Zoning Chapter. (b) No such tank shall be located within 10 feet of any side or rear property line. (c) No such tank shall be located within 30 feet of any lake, wetland, stream or drainageway. B. Restrictions on Liquified Petroleum Gas Storage, Pursuant to MUFC Section 82.105, the Council hereby declares all land within the City, except for land zoned I-Industrial, to be the district within which no liquified petroleum gas storage installa­ tion shall exceed 2,000 gallon water capacity for any one property; and the Council further declares that no liquified petroleum gas storage installation over 500 gallon water capacity shall be located in any required front, side, rear or lakeshore yard as defined in the Zoning Chapter, but shall conform to all setback requirements for principal build5>.;gs. C. Restrictions on Explosive and Blasting Agent Storage. Pursuant to MUFC Section 77.106(b), the Council hereby declares all land within the City to be the district in which storage of explosives and blasting agents is prohibited. Subd. 3. Definitions. Wherever the words or terms are used in this Section, the Fire Code or the Fire Marshal Division alterations and amendments, they shall have the following meanings: A. "Building Official" means the person appointed by the Council to administer and enforce the State Building Code. ^ B. "Chief" means the Chief of the Fire Department which has contractual jurisdiction in each respective Fire Service District, or his authorized representative. C. "Corporation Counsel" means the Attorney for the C1. ty • D. "Jurisdiction or Municipality" means the City as a whole, and also that part of the City corresponding to each separate Fire Service District. Subd. 4. Enforcement. Authority for enforcement is hereby granted to and may be exercised by any or all or tne following persons: A. The Minnesota State Fire Marshal, or his authorized representative. (4-1-84)ORONO CC 220 COUNCIL MEETING APR 2 6 1999REQUEST FOR COUNCIL ACTION ° Cl IY Oh' On(j|^y DATE: April 26, 1999 ITEM NO : /y Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Administrator's Report Item Description: Safe Assure Cooperative Safety Training In 1998, the fourteen Lake Minnetonka Area Cooperating Cities (LMACC) started a cooperative safety training program using SafeAssure consultants to provide safety training, safety policy manuals, and other required documentation. The first year of this program was very successful and all of the Cities have been satisfied with the services provided and have decided to renew their contracts with SafeAssure for another year. We are recommending Council approval of the SafeAssure proposal for another year at a cost of $2,826. COUNCIL ACTION REQUESTED: Approval of the proposal from Safe Assure Consultants for conducting safety training and preparation of the related written programs and documentation at an annual cost of $2,826. proposal Fq^ ^•*9# March IS, 1SS9 gafqissure eonsulEInli According to the United States Department of Labor, Division of Occupational Safety and Health Administration and the Minnesota Department of Labor, Division of Occupational Safety and Health Administration employers must have documented proof of employee training and written procedures for certain standards/Statutes (the attached addendum and training schedule clarifies written and training requirements). The applicable standards required for The City of Orono are listed below. A.W.A.I.R.MN STATUTE 182.653 EMERGENCY ACTION PLAN 29 CFR 1910.35 THRU .38 CONTROL OF HAZARDOUS ENERGY- 29 CFR 1910.147 & MN Statute 5207.0600 HAZARD COMMUNICATIONS 29 CFR 1910.1200 & MN Statute 5206.0100 thru 5206.1200 CONFINED SPACE 29 CFR 1910.146 RESPIRATORY PROTECTION 29 CFR 1910.134 OCCUPATIONAL NOISE EXPOSURE 29 CFR 1910.95 BLOODBORNE PATHOGENS 29 CFR 1910.1030 SIGNS, SIGNALS, AND BARACADES 1926 Subpart G MOTOR VEHICLES 1926 Subpart O Below is a list of additional subparts covered through assessments, inspections, etc< Recordkeeping General Duty Clause General Safety and Health Provisions Occupational Health and Environmental Controls Fire Protection and Prevention Materials Handling, Storage, Use, and Disposal Hand and Power Tools - Welding and Cutting Electrical Scaffolds Fall Protection 29 CFR 1904 PL91-596 1926 Subpart C ■ 1926 Subpart D • 1926 Subpart F - 1926 Subpart H • 1926 Subpart I - 1926 Subpart J - 1926 Subpart K 1926 Subpart L - 1926 Subpart M Power Transmission and Distribution Rollover Protective Structures; Overhead Protection Ladders Toxic and Hazardous Substances Walking-Working Surfaces Occupational Health and Environmental Control Hazardous Materials General Environmental Controls Fire Protection Compressed Gas and Compressed Air Equipment Materials Handling and Storage Machinery and Machine Guarding Hand and Portable Powered Tools and Other Hand-H Equipment Electrical Toxic and Hazardous Substances 1926 Subpart V - 1926 Subpart W 1926 Subpart X • 1926 Subpart Z - 1910 Subpart D • 1910 Subpart G • 1910 Subpart H 1910 Subpart J - 1910 Subpart L - 1910 Subpart M 1910 Subpart N 1910 Subpart O • 1910 Subpart P 1910 Subpart S 1910 Subpart Z All written programs and training will meet or exceed all State and/or Federal OS3IA requirements. All documents produced by SafeAssure Consultants for The City of Orono are for the sole and express use of The City of Orono and its employees. It is always the practice of SafeAssure Consultants to make modifications and/or additions to your program when necessary to comply with changing OSHA standards/statutes. Changes and/or additions, when made during a contract year, will be made at no additional cost to The City of Orono. SafeAssure consultants does not take responsibility for financial loss due to OSHA fines or any other factors within The City of Orono. A tentative training schedule (attached) will be implemented with times and dates convenient to most employees. 1 These programs/policies and procedures listed on the addendum do not include the cost of additional equipment, signs, labels, etc. required to meet applicable Standards/Statutes. ADDENDUM SAFETY PROGRAM RECOMMENDATIONS The City of Orono Programs & Training A.W.A.I.R. (A Workplace Accident and Injury Reduction Act) • maintain site specific program • documented training of all personnel • accident investigation • documented simulated OSHA inspection • safety committee advisor Employee Right to Know/Hazard Communication • maintain site specific program • documented training of all personnel (general and specific training) • various labeling requirements • maintain hazardous substance list • maintain MSDS manual Conflned Space • maintain site specific program • documented training of all personal Lock Out/Tag Out (Control of Hazardous Energy) • maintain site specific program • documented training of all personnel (including "hands on") Emergency Action Plan • maintain site specific program • documented training of all personnel !i f r '{ ti ■ 1 Blood borne Pathogens • maintain site specific program • documented training of all E.R.T. personnel Hearing Conservation (Occupational Noise Exposure) • maintain site specific program • documented training of all personnel Cranes-Chains-Slings • maintain site specific program • documented training of all personnel (inspections) Personal Protective Equipment • maintain site specific program • documented training of all personnel General Safety Requirements • maintain site specific program • documented training of all personnel Miscellaneous • Training Manual maintenance • Safety Manual Maintenance • OSHA recordkeeping • General Duty Clause • assistance during an actual OSHA inspection • general safety recommendations i 1999-00 TENTATIVE TRAINING SCHEDULE June 15,16,17 EMPLOYEE RIGHT TO KNOW (GENERAL) EMHXIYEE RIGHT TO KNOW (SPECIHC) EMERGENCY ACTION PLAN ALL PUBLIC WORKS AS REQUIRED ALL PERSONNEL 1 July PROGRAM MAINTENANCE RECORDKEEPING SAFEASSURE August 17,18,19 BLOODBORNE P.P.E. L.O.T.O AS REQUIRED ALL PUBLIC WORKS ALL PUBLIC WORKS September PROGRAM MAINTENANCE RECORDKEEPING SAFEASSURE October 19,20,21 RESPIRATORS CONFINED SPACE AS REQUIRED AS REQUIRED November PROGRAM MAINTENANCE RECORDKEEPING SAFEASSURE December 21,22,23 CRANES-CHAINS-SLINGS HEARING CONSERVATION AS REQUIRED ALL PUBLIC WORKS January, 00 PROGRAM MAINTENANCE RECORDKEEPING SAFEASSURE February 15,16,17 GENERAl, SAFETY REQUIREMENTS MOTOR VEHICLES QUIZ ALL PUBLIC WORKS ALL PUBLIC WORKS ALL PUBLIC WORKS March PROGRAM MAINTENANCE RECORDKEEPING SAFEASSURE April 18,19,20 SIMULATED OSHA INSPECTION SAFEASSURE All Classes: Tuesday Wednesday Thursday Thursday 8:00A.M. and 12:30P.M. (Scheduled) 8:00A.M. and 12:30P.M. (Scheduled) 8:00 A.M. (scheduled) 12:30 P.M. (Make-up) SafeAssure Consultants will act as a consultant to, assist, and/or perform die function of Safety Coordinator for The City of Orono for the period of twelve months. The options of payment for all required programs and procedures are listed below. Option One Total cost Discount if paid on signing Total if paid on signing 10% = $3140.00 = -314.00 = $2826.00 The City of Orono Date SafeAssure Consultants Date SafeAssure Consultants Date □ Option Two The total cost without discount is $3140.00 payable in four quarterly payments of $785.00. The first payment due on the signing of this proposal. The City of Orono Date SafeAssure Consultants Date SafeAssure Consultants Date The above options and cost analysis are valid through 30 days of proposal date. An Additional 20% discount for 2*^ year service is agreed upon and wiU be written into year 2000 renewal contract. Stffety Wise We Speelalize I REQUEST FOR COUNCIL ACTION COUNCIL MEETING APR 2 6 1999 Cl I Y U mUIVO DATE: April 22, 1999 ITEM NO: Department Approval:Administrator Reviewed:Agenda Section: Name RonMoorse City Administrator’s Title City Administrator Report Item Description: Long Lake Fire Department Capital Expenditure Plan Attachments: 1. Long Lake Fire Department Fifteen Year Capital Outlay Plan 2. Fifteen Year Major Capital Outlay Detail 3. Fifteen Year Minor Capital Outlay Detail 4. Requested 1999 Capital Expenditures 5. Long Lake Fire Department First Quarter 1999 Report At the April 14, 1999 Long Lake Fire Commission meeting, Chief Persian presented a Fifteen Year Capital Equipment Replacement Plan and a request for 1999 capital expenditures. The 1999 capital expenditure request is for the purchase and installation of foam systems on the two main fire engines and the repainting of Engine No. 12. Chief Persian has indicated many fires can be more quickly and completely suppressed using foam rather than using water. The Long Lake Fire Department has the capability of using foam, but it is an inefficient manual process. The request would provide a foam system that would be integrated into the operation of the engine. Chief Persian indicated Engine No. 12, which is the number two engine, needs to be repainted to control rust and to provide a more professional appearance. The total cost of the 1999 capital items is $38,000. Orono's share of this cost is $26,600, Funding The City has been placing p».-; year into the Improvement and Equipment Outlay Fund for several years to be used for Long Lake Fire Department capital equipment expenditures. The current balance in this account is $102,000. Fifteen Year Capital Outlay Plan The Fifteen Year Capital Outlay Plan requires Orono expenditures (in today’s dollars) of $550,900. With the $102,000 current balance, these expenditures would require an average annual expenditure of approximately $30,000. However, because the higher cost items are front-loaded in the Fifteen Year Plan, the City would need to increase its funding from $20,000 per year to $72,000 per ye^ to fiilly fund the proposed expenditures through 2004. To avoid the substantial tax levy increase this would require, the City may want to consider an internal loan to be repaid in the years 2005 to 2013. Request for Council Action continued Page 2 April 22, 1999 Long Lake Fire Department Capital Expenditure Plan The two main capital items are the replacement of the heavy rescue vehicle, which will be 30 years old in 2002, at a cost of $175,000; and the replacement of Engine No. 13, the number three engine, which will be 30 years old in 2004, at a cost of $350,000. Both of these cost amounts are in today’s dollars. Chief Persian indicates the date of the replacement of the heavy rescue vehicle is flexible, but the date of replacement of Engine No. 13 needs to be firm. Minor Capital Outlay to be Funded Through Sources Other Than Cities The Fifteen Year Capital Outlay Plan includes $254,000 of minor capital outlay items, $100,000 of which is earmarked for new fire station items. All of these items will be funded through the Fire Department's efforts rather than through funding from the contract cities. New Fire Station The Fifteen Year Capital Outlay Plan does not include expenditures related to the replacement of the Long Lake Fire Station. It is not clear at this time what the cost of the fire station will be and what portion of that cost will be funded by Mn/DOT. COUNCIL ACTION REQUESTED: Motion to approve/deny the Long Lake Fire Department Capital Outlay request for 1999 of which the City of Orono's share is $26,600, and if approved to authorize a budget adjustment to reflect the $26,600 expenditure fi'om the Improvement and Equipment Outlay Fund. 1 iT«i. 4 > ^r I I I I ea „ -s. 111 il I S^ I II I I I FI 1 Jt Ir uS2 If Jjf < A CD I II I I •8 I £ L riL li §§ § R' I II i H H !a 'I! 2 3 2 li II 6 et >N » 2Ifl U£o OO 333< m V Ie c H III eI fci|< J!S I 8 Isrs > bl 4 & S >• » eI in i! d! u < I j J 1 i •« I ^ mrr^ 1964 Pirk Avenue LoigLake.MN. 55356 i ^ .*JT- . . . .'.V ♦w\ April 13.1999 Fire Commission Members Cities of Orono, Long Lake and Medina Dear Sir or Madam: As outlined in the 15 year Nfajor Capital plan, the Long Lake Volunteer Fire Department requerts S38.000 for MajorCapitalin 1999. Ihese finds will be used for Pnrchase/Installatioa ofFoam Systems on Engiiie 11 and Engine 12 (not toeioecd $24,000) Repainting of Engine 12 (not to exceed S 14,000) Sincerely, Steve Persian Fire Chiefi Long Lake Volunteer Fire Department • • I • Prevention Through Community Interaction 1964 Pirk Avenue Long Lake, MN. 55356 t- April 13, low Orono City Council Members Long Lake City Council Members Medina City Council Members Dear Sir or Madam: Greetings! During the first quarter of 1999, the Long Lake Volunteer Fire Department was as busy as ever. I have attached a spreadsheet outlining where we spent a good portion of our time. One item not listed on the recap is a program we recently started called ALERT. Through a generous contribution firom First Alert, we are now able to offer smdce detectors to Guests in our Fire Service Area firec of charge While our main goal is to give the detectors to those who may otherwise not be able to afford them, vrt will certainly give them to anyone who asks. As a way to promote the program, we communicated the program through the City newsletters. In addition, we gave the Fire Departments of Maple Plain, Wayzata and Mound SO detectors each to hand out to their Fire Service Guests. Some upcoming herns that I would like to inform you about include: Home Safety—as a way to prevent emergencies, the Team will be developing a new prog where, as requested, we will visit people’s homes and provide them with safety tips and suggestions. r'.'ii House Numbering — We will be moving forward with an aggressive program aimed at getting Guests in the fire service area to get address numbers. To support this program, we will be working to develop a partnership with a manufocturer to secxire number^g that can be placed onto mailboxes. When appropriate, we will give Guests numbers for their mailboxes fi-ee of charge. Community Night Out — During June, we plan on taking all of our vdiicles out into different areas of the Community and simply spend time with our Guests. This will be a good time to share information about the Fire Department and our programs. Thank you, in advance, for your continued pailnership. Sincerely, k’ Steve Persian Fire Chie^ Long Lake Vohmteer Fire Department T • ' Prevention Through ConunurdtybUeriKtion j jihniiu Q *5: S o r- 00 cn 00ve 00 3 w o1 =111 J H < (JU S SI O O vD 'n wn ^ cn — 1^ < ImI o co M Uri ^if §-- .sill “ . HII’S||S|1 =llllllHw *2 u Q «» csoooooooo^vo oown^vnor*^^*^ <M — &s « i I 8 ? I ^ 8S S < S 3 u b oei7N<N<s«><sm(Nvopjr^ot^ M a :§ I -5gil•al C C2g g j|filedlf *2 3 3 § ON V ON JS "a ^ t;I, 00^ 3^ ^ 3 z: g ?2 11 11 a § £ iV3 •— s eo M 2 «« I J3 S o =2 8 u 1 ? f£| I ^l«g^ o ** ■*■ ® IS'■■all .f 1 3 I COUNCIL MEETINQ APR 2 6 1999 Y Uh OHOl^U REQUEST FOR COUNCIL ACTION DATE; April 22, 1999 ITEM NO: Department Approval: Name RonMoorsc Title City Administrator Administrator Reviewed:Agenda Section: City Administrator’s Report Item Description: Lake Area Housing Workshop As the City of Orono updates the housing element of its Comprehensive Plan, it will be making decisions about housing types and densities, and the housing needs it wants to address. Although meeting the needs of those who want single family homes in new rural subdivisions is relatively easy, there are many types of housing needs that are much more difficult to address, particularly with the limited resources available to the individual cities in the lake area. These needs include preserving the current stock of affordable housing through rehabilitation, the future need to rehabilitate existing multi-family housing to keep it viable and livable, and keeping up-to-date on regulations regarding the financing of various housing types, (i.e. senior housing) to ensure these housing types can be provided in the lake area as cost effectively and as affordably as possible. All of the lake area cities are trying to determine how best to address their housing needs and achieve their housing plans. As the lake area City Managers, City Administrators, and City Plaimers have discussed their individual housing issues, it became clear that there were common issues and common needs that could potentially be addressed more effectively through cooperation and coordination among the lake area cities rather than each city working independently. Out of these discussions grew the idea of a housing workshop involving the City Councils and Planning Commissions of all of the lake area cities. The purpose of this workshop is to provide a substantial amount of information about housing in the lake area, to hear from experts regarding preserving and providing life cycle and affordable housing, and to set a direction for cooperative efforts among the lake area cities toward meeting the housing needs of the lake area. One example of cooperative efforts among the cities would be the sharing of a housing coordinator who would be familiar with the funding options and requirements related to various types of housing. As the City has learned recently in relation to senior housing, funding options and funding requirements are constantly changing. Although developers of housing may be up to speed, the cities need a resource person who can work effectively with developers and who can ensure the cities' interests are protected in relation to any city involvement. The Housing Workshop will be held at 7:30 a.m. on Thursday, May 20 at the South Shore Community Center in Shorewood. A continental breakfast will be served at 7:15 a.m. It is important that at least a majority of the City Council attend the workshop because there will be substantial discussion regarding the potential for cooperative efforts among the lake area cities in the area of housing. It is important a majority of the Council members attend to participate in this discussion and to have a voice, both for the City and for the lake area, regarding cooperative efforts toward meeting the housing needs of the lake area. COUNCIL ACTION REQUESTED; No action requested other than attendance at the Housing Workshop. Working Together on the Challenges of Meeting the Hogsing Needs of the Lake Area Cities South Shore Community Center in Shorewood'^ Thursday, May 20,1999 7:30 - 9:00 AM (Continental Breakfast Served at 7:15 a.m.) A Workshop for: city council and plonning commission members, city administrotors and staff in the Lake Minnetonka Area cities. Workshop Presentations: ■ Lake Minnetonka Area Caoperating Cities Sub-Regionai Housing Study - Scott Richards, Northwest Associated Consultants ■ Overview of Affordable Housing Issues: affordable housing as an economic and community development issue - Tom Fulton, Family Housing Fund ■ Keys to Successful Affordable Housing: a 'more than housing* opproach • Joe Errigo, CommonBond Communities Focilitated By: Nancy Reeves, Nancy Reeves and Associates Housing Consultonts Topics for Group Discussion: ■ What can be done to maintain existing affordable housing? ■ Top ten things cities can do to support the preservation ond development of offordable and lifecycle housing? ■ Where can we go from here? Next steps toward a cooperative approach. 0 To begin to set a direction of cooperative efforts among Lake Area Cities, it is important for o majority of each city coundl to attend. Please RSVP your dty odministrator by May 12^. *South Shore Comimintty Center is located at 5735 Country Club Rood in Shorewood Follow County Road 19 to where it curves near Smithtown Crossing Shopping Center. At the curve, go south onto Country Club Road (if coming from the east, turn left onto Country Club Road). Go about i block on Country Club Road and turn left at the drive to Shorewood City Hall (directly behind Amoco/Oosis market). Keeping to the left, drive through the parking lot to South Shore Community Center. Organized by the Lake Minnetonka Area Cooperating Gttes (LMA^ subgroup: TmHurm, Gty of Shorewood (474-3236), Joe Lynch, Oty of Long Ldke (473-6961), md Oem Frisdunon, City of Wayzafo (404-5X8): in collaboration with Andrea Brennan, Interfaith Outreach and Community Partners tiifn COUNCIL MEETING REQUEST FOR COUNCIL ACTION APR 2 6 1999 Cl IY OF OhOwo DATE: April 22, 1999 ITEM NO: j% Department Approval: Name RonMoorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Appointment of Planning Commission Chair and Vice Chair According to the City Council's policy regarding annual rotation of Planning Commission Chairs, Liz Hawn is now serving as the Planning Commission Chair. However, there has not been official action to appoint her as Chair. Also, the Council should appoint a Vice Chair to serve as Chair in Ms. Hawn's absence. COUNCIL ACTION REQUESTED: Motion to appoint Liz Hawn as Chair of the Planning Commission and to appoint a Vice Chair. COUNCIL MEETING APR 2 6 1999 Cl IY UH vJHONU REQUEST FOR COUNCIL ACTION DATE: April 26, 1999 ITEM NO: j ^ Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: 1998 General and Special Revenue Funds Budget Amendments General Fund Budget Amendments The total General Fund revenues for 1998 are $3,863,345, compared to the total expenditures of $3,710,359. Total revenues exceeded total expenditures by $152,986. The year-end revenue for the General Fund is $3,863,345, compared to the budget of $3,638,095, a favorable variance of $225,250. The variance is due in part to two revenue sources which were included in the original budget, but due to unusual circumstances are significantly higher than normal. Those items include the previously approved budget amendment for contract animal control services of $26,000; and police special service security revenues, $67,000. After the amendment the General Fund revenue budget will be $3,731,095, and the actual revenue will exceed the amended budget by $132,250. The General Fund operating expenditures at year end are $3,710,359, compared to the budget of $3,638,095, or $72,264 over budget. The majority of the items causing the expenditure overages were specifically approved by the City Council, and/or were offset by revenues in excess of budgeted amounts. The following is a listing of those departments which require budget amendments due to expenditures exceeding budgeted amounts, and those departments with expenditures significantly below budgeted amounts. Department Orieinal Amendment Amended Buc Administration $ 209,565 $ 4,305 $ 213,870 Elections 6,625 535 7,160 Finance 160,850 (8,000)152,850 Assessing 80,405 2,895 83,300 Legal 93,595 15,930 109,525 Human Services 16,640 (2,000)14,640 Department Original Amendment Amended Budget Central Services $ 170,610 $ 24,990 $ 195,600 Police Protection 1,386,480 12,200 1,398,680 Fire Protection 234,895 1,165 236,060 Animal Control 16,220 26,000 42,220 Public Works 508,105 (28,000)480,105 Engineering 14,850 ( 8,200)6,650 Recycling 72,250 (1,400)70,850 Parks 57,665 (3,800)53,865 Special Services 46,475 51,060 97,535 Transfers Out 95,000 33,338 128,338 Contingency 67,120 (39,998) • 27,122 • Total $3,638,095 $ 81.020 $3,719,115 A brief explanation of the significant overages follows: Administration The amendment is to fund an overage in the personnel services as a result of the severance pay out on the retirement of the City Clerk. Assessing The amendment is to fund increased costs for contracted assessing services. Legal The amendment is necessary to fund the cost of two matters in litigation during the year, totaling $37,000. Central Services The amendment is to fund higher than anticipated buildings and grounds maintenance costs, and to fund the LOGIS permit tracking system expense. Police Protection The amendment is to fund the increased capital outlay; (an additional squad was purchased); and higher than anticipated squad car maintenance and repairs. Animal Control The amendment is to fund the addition of a full-time C.S.O., with the contracts for providing the animal control service offsetting the expense. T.ie contract and budget amendments were approved by Council February 2, 1998. Special Services The Special Services account expenditures exceeded the budgeted amount due to higher than anticipated activity for police special duty assignments and higher than anticipated engineering costs related to development activity. These increased costs are offset by increases in related revenues. I Transfers Out Council approved a transfer of $33,338 on 7/27/98 to the Improvement and Equipment Outlay Fund for die purchase and installation of two emergency warning sirens. Special Revenue Funds Budget Amendments The 1998 expenditures in the Special Revenue Funds, i.e. Park Fund, Improvement and Equipment Outlay Fund, Building Outlay Fund, and Drug/Felony Forfeiture Fund, include expenditure items that were approved by the Council but were not formally reflected in amendments to the budget. The City's auditor recommends formal budget amendments for these items be approved by the City Council. There are amendments necessary to the revenue budgets of the Improvement and Equipment Outlay Fund and the Drug/Felony Forfeiture Fund. The Improvement and Equipment Outlay Fund transfers in from the General Fund was approved by Council 7/27/98, in the amount of $33,338 and is for funding the two emergency sirens. The Drug/Felony Forfeiture had no revenue or expenditures budgeted for 1998, as the amount ('‘‘either is subject to wide fluctuation. Revenues from the sale of forfeited property and c jurt fines totaled $4,460, which are detailed in the revenue budget amendments. The following are the amendments to the expenditure budgets of the Special Revenue Funds; Special Revenue Funds Budget Amendment Park Fund: Old Crystal Bay Road Bike/Hike Trail Crystal Bay Park Basketball Court & Seeding Saga Hill Access Total Park Fund $ 14,195 (a) 7,100 (b) (49.000> (cl $ 76.240 J Improvement and Equipment Outlay Fund: Orono Share of Long Lake Fire Pick Up Truck Orono Share of Long Lake Fire Hose Telephone System Telephone System Budget Carry forward to 1999 Emergency Warning Sirens (2) Budget Reduction For Truck To Be Purchased 1999 Total Improvement and Equipment Outlay Fund $ 19,725 (d) 8,640 (e) 43,788 (f) (40,000) (f) 33,338 (g) (68.5001 $ (46.7971 »'rf. « —tr* Building Outlay Fund: Public Works Building Entrance Canopy City Hall/Admin/Police Building Roof Repairs Total Building Outlay Fund $ 20,735 (h) 60.000 (i) $ 80,735 Drug/Felony Forfeiture Fund: Revenue Budget Drug Forfeitures Court Fines - Controlled Substances Total Revenues $ 4,050 410 $ 4,460 Expenditure Budget Miscellaneous Charges $ 1.826 0) Notes: (a) Budgeted expenditures for the Old Crystal Bay Road Trail were $52,200 in 1996, and $175,250, in 1997. The trail was completed in 1998. The amendment is required to fund the final portion of trail. (b) Council authorized the improvement on 8/24/98. A budget amendment was not requested at that time. (c) The amount budgeted for the Saga Hill Access is $50,000. In 1998 expenditures for related legal and engineering totaled $904. Tlie reduction to the current year's budget allows reallocation of a portion to other park projects. (d) Council authorized the expenditure and approved a budget amendment of $ 19,725 on 6/8/98. (e) Council authorized the expenditure and approved a budget amendment of $8,640 on 11/23/98. The budget for the phone system was $25,000, of which $7,400 was approved for a consultant during the year On 12/14/98, Council awarded the bid for the phone system and approved a budget amendment of $43,788. However, a contract payment of $8,390 in 1998 is the "security deposit". The major portion of the project costs, including sales tax not previously budgeted, will be incurred in 1999; therefore, $40,000 should be carried forward to the 1999 budget. (g) Council authorized the expenditure, approved the budget amendment and transfer amendments of $33,338 on 7/13/98. (h) TTie budget amendment includes a carry forward from the 1997 budget, in the amount of $19,480, approved by Council on 5/11/98. The additional $1,255 is to fund lumber for the project, purchased directly by the City. (i) Council approved the project and the budget amendment in the amount of $60,000, on 9/28/98. Through the end of 1998 the expenditures total $49,740, leaving a budget balance of $10,260. 0)The fund was created in 1997. The amendments are required because revenues and expenditures are not budgeted during the normal budget process. The fund is subject to wide fluctuations of both revenues and expenditures. The expenditures in 1998 were for: (1) Costs incurred prior to sale of confiscated property, usually automotive equipment, $905. (2) Council approved the purchase of a bicycle and budget amendment in the amount of $919, on %I2AI9%. COUnJCIL ACTION REQUESTED; Approval of the 1998 budget amendments for the General and Special Revenue Funds as presented; to be effective December 31, 1998; and that $40,000 of the Improvement and Equipment Capital Outlay Fund budget amended on 12/14/98, for the telephone system project, be transferred to the 1999 Building Outlay Fund budget. 1 COUNCIL MEETING APR 2 6 1999 Cl I V OH OMUNO REQUEST FOR COUNCIL ACTION DATE: April 22, 1999 ITEM NO: Department Approval: Name Lin Vee Title City Clerk Administrator Reviewed: Item Description: List of Licenses for Council Approval SPECIAL EVENT PERMIT 1.Applicant:Pro Events International, Inc. Event:1999 Tour De Lake Minnetonka Location:Bike Tour around Lake Minnetonka Date:May 23, 1999 Time:8:00 a m. to 10:30 a.m. 2.Applicant:Gear West Event:Run Bike Run Duathlon Location:Starting at Orono Middle School Date:May 23, 1999 Time:6:00 a.m. to Noon COUNCIL ACTION REQUESTED; Motion to approvc/deny the above listed licenses. Agenda Section: Licenses I 4 Q) 1999 Tour De Lake Minnetonka When: The inaugural Tour De Lake Minnetonka will be held on May 23 . Check in will begin at 7:30 am at the Wayzata Central Middle School and the route will remain open and supported through 4:00 PM. Purpose: The Tour De Lake Minnetonka was revitalized to benefit the Lake Minnetonka Association, an organization dedicated to the preservation of Lake Minneto^ and its surroundings. LMA hopes to raise awareness on issues concerning Lake Minnetonka. Routes: There will be a short route (25 miles) and a long route (45 miles). See attached map. Riders: Based on numbers from previous years, we are expecting 2,000 to 2,500 riders. It is estimated that approximately 66% will take the short route and 33% will take the long route. Rest Stops: There will be two rest stops each with food, water and rest room faci^ies (portable toilets will be used where necessary). The rest stop for the short route ^ be located at The Commons Park in Excelsior. The rest stop for the long route will be located at the Lake Minnetonka Regional Park (comer of Highway 7 and County 44). Support: This ride will be folly supported with sag >^ons, ride marshals, medical personnel, communications (cellular and amateur radio) and volunteers. Ride Producer: Pro Events International is a special events management con^iany specializing in bicycle events that are fon for the participants, provide benefits to communities along the route, generate contributions for the non profit partners and are safety conscious. \ Date:April 15.1999 To:Lin Vee, City Clerk From:Gary Cheswick, Chief of Police Subject: Special Event Permit - Bicycle Tour of May 23,1999 Q I have reviewed the application regarding above bicycle tour. The following restrictions must be adhered to: ► Compliance with the City of Orono Large Assembly ordinance ► All riders must obey all traffic regulations/control ► No impeding of traffic ► Staging area must provide release of riders at timed intervals ► Provide for volunteers and professional traffic management where needed.i 5./ *lndcp«nd«nc« ■Si____i v.-f “ I rystol Bay J^!/ \OfOOO Will Point /NSSTp^ mm JJnr- i- ; 'Y s Si >^\ lU L^iassen r 1999 Tour De Lake Minnetonka Route (L Direction (approximate)Road IMRiders 1 Begin at Central Middle School South West West yNesi West North/West South South South County 15 County 16 Lake Street County 15 Fox Street County 84 County 135 County 51 County 19 (to Excelsior) NOTE: Short and long routes split in Excelsior jShort Route (25 mile)I Rest stop at The Commons Park In Excelsior ; East North/East North East North/West North Water Street MtkaBtvd Vine Hill Road Mtka Blvd McGinty Road County 15 Ends at Wayzata Central Middle School [Long Route (45 miles)i West Smithtown Road West Highway 7 North County 44 /?esf stop at Lake Minnetor^a Region^ Park North County 110 East County 151 South County 19 Route now repeats itself South to Excelsior and follows short route back to school Pro Events International (PEI) is an ejqjerienced, comprehensive resource for the creation, promotion, sponsorship and management of special events. Its services include a wide variety of event-related activities ran^th^g fi^om initial concept design to on-site operations, logistics, marketing, sponsorship development and overall management. In an effort to provide clients with cost effective event solutions, PEI has developed a network of on-call event personnel who are specialists in each of these areas. The principal of PEI, Tom Sullivan, is actively involved in the creation and production of a variety of exciting special projects and promotions in Minneapolis and around the United States. The proven success of 1^ detail oriented, results driven, problem solving style has earned him a solid reputation as an inventive and reliable leader that delivers high quality special events, on schedule • and within budget. PEI represents the cumulative knowledge of more than 15 years of "hands on" special event experience. Events have been produced for all sizes and types of groups including large corporations, private indh iduals, nonprofit charitable organizations, civic groups, professional and amateur sports teams, foreign heads of state, religious groups, retailers, and environmental organizations. The P'^ture of events include festivals, parades, Metrodome programs, theme parties, fimd-raisers, ground breakings, grand openings, kick-off celebrations, weddings, rallies, dedications, sporting events, religious and civic events, dinners, conventions, trade shows and short and long distance bicycle rides. EXPERIENCED: (ek-spir-i-anst) adj. 1. Skilled and knowledgeable as a result of observation, use, practice and active participation in an event or series of events. PEI dedicates a large amount of its efforts each year to events that support charitable causes and institutions. From a block party for the Basilica of St. Mary, to The Nativity for Hennepin Avenue United Methodist Church, to local bicycle rides for Hostelling International, the Chil^n’s Cancer Research Fund, Habitat for Humanity, h^nnesota Coalition of Bicyclists and Friends of Stillwater Parks. PRO EVENTS INTERNA TIONAL: Q)rO i-vents’ in-ter-nash -u-nal) n, I. experienced, comprehensive resource for the creation, promotion, sponsorship and management of special events. PEI is also the creator and producer of the Mighty Mississippi Bicycle Adventure, a 23 day, 1600 mile bicycle odyssey down the river from Minneapolis to New Orleans, as well as the Moonlight River Rrunble, the Stillwater Bicycle Classic, and the Tour de Lake Minnetonka. 77-13th A ve NE, Sutte 204 — Mihheapous . MN 55413 il2.378.5714 — Fax 612.378.2841 — toms9pro -events .com — vmw.PROEVENTS.coM PRO EVENTS INTERNATIONAL Event experience : 1999/98/97/96/95/94/92 NEL Super Bowl 1999/98/97/96/95/94/93/92/91/89 MN AYHIRONMAN Bike Ride 1999/98/97/96/95/94/93 Mighty Mississippi Bicycle Adventure 1999 Tour de Wings 1999 Tour de Lake Minnetonka 1997/96/95/94/93 Habitat 500 Bicycle Ride 1997/96/95/94/93/92/91/89/88 ALA Great River Ride 1998/97/96/95/94/93/92 ALA Clean Air Bike Fest 1999/98/97/96/95 BasiHca of St. Mary Block Party 1999/94 Saturn Homecoming 1999/98/97 Moonlight River Ramble Bike Ride 1999/98/97 Stillwater Bicycle Classic 1999/98 Midsummer Days Bike Ride 1998 Minnesota River Run, Ride & Row 1998 Minnesota State Bar Association Charity Bicycling Event 1998 Rails-To-Trails Conservancy Trailblazer Trip 1997 A Capital New Year 1997 World Premiere - The Carlson Management School Building 1997 Oldsmobile Centennial Celebration 1998/97/96/95/94/93/92/91/90/89/88/87 "The Nativity" 1996 King & Queen of Sweden Minnesota Visit 1996 Mankato State University DomeComing 1996 Citizens Flag Alliance State Capitol Rally 1996 The Quarry Center Ground Breaking 1994 Norwest Cup Recycle-A-Cycle 1994 NBA All-Star Weekend 1994 Mall of America Embassy Suites/TGIF Grand Opening 1993 World Youth Day/Pope U.S. Visit 1992 Coast to Coast Bicycle Classic 1992 West Coast International Bicycle Classic 1992 Courage Classic Bicycle Ride 1991/90/89/88/87/86/85 United Way "A Fair of the Heart" 1991/87 Minnesota Twins World Series Events 1991 Special Olympics Opening Ceremony 1991 Minnesota North Stars Stanley Cup Celebration 1990 Gorbachev Minnesota Visit 1990 Right to Life Rally, Washington D.C. 1989 ALA Pacific Coast Bicycle Trek 1988 Midsummer Music Festival 1986 Freedom Fest Celebration 1986/85/84 Minneapolis United Way Campaigns 1985 FMC United Way Day 1984 United Way Metrodome Half-time Show 1983 FMC Family Day parades & SPECIAL EVENTS PERMIT APPLICATION CITY OF ORONO, MINNESOTA MAR 2 4 1999 CITYOFORO iMO Phone Number: 0^^ 3n9-.gim Name: fto F/gt/rs IsriGMATUtiNL ^ iwo. Permit ff: Fee: $50.00 Date Received: Address: m- 13th AverJog M g •Sorre go*f City,State, Zip: hTWi^gAfbv.’xs^ HrJ Ss>^\B Location of Parade or Event: Ses ArrACHep Date of Event: Mai g3 \^Vi Type of Event: ATTA^rtgo Hours of Event: S cpAM- la-^cArt Insurance Company: ^SajegAx. ______________Amount: P. Cteo,cop (Copy of insurance certificate must be submitted with this application) I am aware of all applicable State and other laws regarding parades and special events and will abide by same. I also agree to hold the City of Orono harmless from all liabilities that may arise directly or indirectly from the parade of special event approved by the granting of this permit. I understand some events may require off-duty or reserve officers and a fee may be required for these services. Signature Date Approved: □ Denied: □ By: Remarks: 010396.3 • 1 ^(2) PARADES & SPECIAL EVENTS PERMIT APPLICATION CITY OF ORONO, MINNESOTA Phone Number: ^7 fiO f ? Name: Address: LO, Permit #: Fee: $50.00 Date Received:^ Rb\ isoic City, State, Zip: Lrs^it^L&l/t ^ S~C3,ru Location of Parade or Event: ^r/iAt> Mr,0/l)U Xclvad ^ZcUj } jte of Event Hours of Event: L Type of Event: /?o.a » Insurance Company: Amount: (Copy of insurance certificate must be submitted with this application) I am aware of all applicable State and other laws regarding parades and special events and will abide by same. I also agree to hold the City of Orono harmless from all liabilities that may arise directly or indirectly from the parade of special event approved by the granting of this permit. I understand some events may require off-duty or reserve officers and a Approved: □ Remarks: ___ Denied: □ By: 010396.3 ® ■ TO:Orono Police Department FROM: Lin Vee, City Clerk DATE:April 20,1999 SUBJECT: Special Event Permit - Gear West Attached is a special event permit application from Gear West Ski & Bike for their annual Run Bike Run event to be held Sunday, May 23,1999 beginning at 6:00 a m. (see attached maps for route). Please review the application and provide any conditions you wish noted on the pen nit in written form. Thanks for your help! . AIL- <5»t Ct-<SL fLu^ /o5 f Wr-T-h - a ^ 4lS- S| S3 Si? ^^yAW} \tfi i ]V V, t tJ L L. s Vo iWOiirtK) ^ 2 *el BCVSe^LV uer d22SlQ B6 02 oc 2o I 5 S a (S s f4 E ^ t~- s; ’TS? S B PS Wet'S NW‘s=I«l Su<n pAI9El3zXBMM98il 1S3M ► UV30 m O' ON ^ vn o o\ Tf cs ON ON o m 00 Nn 00 ^ CN A «k M «• M «i «k~ — — — (Nm —fc<» </»«/» «/y s ^ 9' 0^0 sillsBa r tr ^ > ^ogo^ 8 8 u u ^ ei oCft ^ ^ k= z z § §“li«s|gs iiliisi^S oat- H M 00 w > u 00 < c/3 •oc COs a i CO tJ § Vl_ > 12ou D < r CO O g I c/ CO O O Pi OQ CO < Q ^ w) af -Scu *5u- o 1^1 •—^ S =^ t/j P^ o ^ « 2 *p U1 "Si § S S' “5 I s - §-oS B & > t: b: ^ o o u >5JZ o^ S ® o a VA UJ aI ^ roi § ? S§ r- Ou. .. :? o fty o £ a. H O CT) r.i CO CO u< □ m m S3 SN Z S . S Q ^i 9 G Xu CO § sQ c a: I. c« S u «l fO%o Si-^ ors < D Q ^ I tn o tu iia CO LUea U « 1 ^ *0 o»o Urnu < Z S £ U1 □ □ □ o.Xtu O U Im O •XI 2 1 II □ |ii J o 13a u 13 O •'^3 Ia *5 9 M ll c > in J2 ms 5 2*"iii ^ > 0) w >0) (O •IM w • • fll SSi: c n S c I ■5 .52 I fe £S C¥ §3 .52 -S 1'^li 2 00 .a t! rt 8 «N *S g S S' >. 8 o m• 5 “ IS •O ^ o > o -a g £5 I* i J> 8 "jlir• ii^i ■g|iS| O^ i 5 -a ^I i 121.^-1 ^ E S'?? §• ^ c/T m ti P I 8 rt liil•> > Oj2 8 E «= .a l.‘S § Uj U C ^ -^•| s ^•ago « o“1 4J £? i > J2 i :211^ S-M S 1 t:- I /s O rr:^-->v-r.:%v r-vl-^ • -• - * Vs n■ CO CN 0» ? s ti . «S«S^s| 3 « u w 8§ g " .-2«2 22 Apr X999 Thu 9:25 AM Check Register City of Orono Check IhUKber Date Name Check NubiDer 58688 58688 CITY COUNTY CREDIT UNION 21-Apr-99 CITY COUNTY CREDIT UNION Totals Check Number 58688 CITY COUNTY CREDIT UNION Check Number 56689 FIRST NATIONAL PANK OP LAKES 58189 58689 58689 21-Apr-99 21-Apr-99 21-Apr-99 FIRST NATIONAL BANK OP LAKES FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES Totals Check Number 58689 FirjST NATIONAL BANK OF LAKES Check Number 58690 GREAT WEST LIFE ASSURANCE CO. 58690 21-Apr-99 GREAT WEST LIFE ASSURANCE CO. Totals Check Number 58690 GREAT WEST LIFE ASSURANCE CO. Check Number 58691 ICMA RETIREMENT TRUST - 457 58691 21-Apr-99 ICMA RETIREMENT TRUST - 457 Totals Check Number 58691 ICMA RETIREMENT TRUST - 457 Check Number 58692 LAW ENFORCMENT LABOR SERVICE 58692 21-;^r-99 LAW ENFORCMENT LABOR SERVICE Totals Check Number 58692 LAN ENFORCMENT LABOR SERVICE Check Number 58693 MINNESOTA CHILD SUPPORT PMT CT 58693 21-Apr-99 MINNESOTA CHILD SUPPORT PMT CT Totals Check Number 58693 MINNESOTA CHILD SUPPORT PMT CT Check Number 58694 MN DEPT OF REVENUE 58694 21-Apr-99 MN DEPT OF REVENUE Totals Check Number 58694 MN DEPT OP REVENUE Check Number 58695 MN MUTUAL LIFE 58695 21-Apr-99 MN MUTUAL LIFE Totals Qieck Ni^nber 58695 MN MUTUAL LIFE Check Number 58696 MN STATE RETIRQ1ENT-DEP COMP 58696 21-Apr-99 MN STATE RETIREMENT-DEF COm Totals Check Number 58696 MN STATE RETIREMENT-DEF COMP Transaction Aioount 7,464.00 7,464.00 3,^88.58 3.488.58 7.381.59 14,858.75 800.68 800.68 250.00 250.CO 452.16 452.16 179.51 179.51 3,353.16 3,353.16 703.00 703.00 227.00 227.00 Page 1 ''■"■■'•'I. MEETING rtf-H ^ 6 1999Comments r ur OHONO SAVINOS H/H « TRANSFERRED FICA k MEDICARE M/H FICA.MEDCR CITY SHARE FEDERAL HITHHOLOING DEFERRED CCMP H/H DEFERRED COMP M/H UNION DUES NH SKRBBN I00107SS723 STATE TAX H/H DEFERRED COMP H/H DEFERRED COMP H/H ^ >' 22 Apr X999 Thu 9:25 AM Check Register City of Orono Check Number Date Name Check Number 58697 58697 PEBSCO/OBRA 21-Apr-99 PEBSCO/OBRA Totals Check Number 58697 PEBSCO/OBRA Check Number 58698 PEBSCO/US CONF OF MAYORS 58698 21-Apr-99 PEBSCO/US CONF OF MAYORS Tbtals Check Number 58698 PEBSCO/US CONF OP MAYORS Check Number 58699 PERA 58699 58699 2l-Apr-99 21-Apr-99 PERA PERA Totals Check Number 58699 PERA Check Number 58700 UNITED WAY 58700 21-Apr-99 UNITED WAY Totals Cht :^ Number 58700 UNITED WAY Grand Total Transaction Amount 138.74 138.74 2«421.50 2,421.50 4,416.85 5,818.97 10,235.82 31.00 31.00 41,115.32 Page 2 Cosnients OBRA DEFERRED COMP W/H USCH DEFERRIS) COMP W/M PERA EMPLOYEE W/H PERA CITY SHARE CHARITY DONATIONS W/H 9- kJM .-n 22 Apr 1999 Thu 9:25 AM Check Regiate!f City of Ororjo Page 3 Finance Uaer Initials Thuraday 22 April 1999 9:23 AM Start 9:25 AM Finish Buffer Name History u 4. R ' Records Read Records Selected Number of Pages 2144 16 3 Selected by Check/receipt Date Equal To 21-Apr-99 Sorted by Check Number Totals No Page Breaks L. 9 Apr 1999 Fri 11:15 AN Check Register City of Orono Check Nuisber Employee Name Check Number 045863 045863 PETERSON* BARBARA A. Totals Check Number 045863 Check Number 045864 045864 HOORSE* RONALD J. Totals Check Number 045864 Check Number 045865 045865 FLINT* RICHARD Totals Check Number 045865 Check NUfiiber 045866 '^45866 JABBOUR* GABRIEL B. Totals Check Number 045866 Check Number 045867 045867 KELLEY* CHARLES Totals Check Number 045867 Check Number 045868 045868 SANSEVERB* ROBERT K. Totals Check Number 045868 Grand Total Check Date 12-Apr-99 12-Apr-99 12-Apr-99 12-Apr-99 12-Apr-99 12-Apr-99 Page 1 Check Amount 269.36 269.36 184.70 184.70 269.36 269.36 323.22 323.22 269.36 269.36 269.36 269.36 1*585.36 V-9^ 9 Apr 1999 Pri 11:15 AM Check Register City of Orono Page 2 Payroll User Initials Friday 9 April 1999 11:15 AM Start 11:15 AM Finish Buffer Name Check Reg Records Read Records Selected Number otf Pages 6 6 2 Selected by ChecK Date Equal To 12-Apr-99 Sorted by Check Number Totals No Page Breaks r 21 Apr 1999 Med 3:43 PH Check Register City of Orono Check Number Employee Name Check Number 045870 045870 JOHNSON. MARY ANN Totals Check Number 045870 Check Number 045871 045871 HASBMAN. CAROLE A. Totals Check Number 045871 Check Number 045872 045872 MOORSE. RONALD J. Totals Check Number 045872 Check Number 045873 045873 VES. LINDA S. Totals Check Number 045873 Check Number 045874 045874 KUEHN. THOMAS M. Totals Check Number 045874 Check Number 045875 045875 OLSON. RONALD J. Totals Check Number 045875 Check Number 045876 045876 PETTIT. SANDRA K. Totals Check Number 045876 Check Number 045877 045877 ANDERSON. BRUCE L. Totals Check Number 045877 Check Number 045878 045878 BOBZIEN. SUB A. Totals Check Number 045878 Check Date 21-Apr-99 21-Apr-99 21-Apr-99 21-Apr-9? 21-Apr-99 21-Apr-99 21-Apr-99 21-Apr-99 21-Apr-99 Page 1 Check Amount 669.47 669.47 677.21 677.21 1.578.85 1.578.85 1.092.29 1.092.29 1.005.84 1.005.84 25.59 25.59 836.82 836.82 713.12 713.12 748.83 748.83 ■^1 21 Apr 1999 Ked 3:43 PM Check Kusiber Esqployee Name Check Nuniber 045879 C45879 BORIS, SCOTT K. Totals Check Number 045879 Check Number 045880 045880 CARLSON, MICHAEL B. Totals Check Number 045880 Check Number 045881 045881 CHBSNICK, GARY B. Totals Check Number 045881 Check Number 045882 045882 CORNICK, JAMBS L. Totals Check Number 045882 Check Register City of Orono Page 2 Check Number 045883 045883 SKI, JAY C. Totals Qieck Number 045883 Check Number 045884 045884 BRICKSON, KURT R Totals Check Number 045884 Check Number 045885 045885 PARNIOK, CORRBY L. Totals Check Number 045885 Check Number 045886 045886 PZSCSiBNICH, DAN T. Totals Check Nuniber 045886 Check Nusdber 045887 045887 PISCKER, CHRISTOPHER K. Totals Check Number 045887 Check Number 045888 Check Date 21-Apr-99 21-Apr-99 21-Apr-99 21-Apr-99 21-Apr-99 21-Apr-99 21-Apr-99 21-Apr-99 21-Apr-99 Check Amount 1,094.34 1,094.34 444.01 444.01 1,484.73 1,484.73 1,435.28 1,435.28 1,373.64 1,373.64 1,248.91 1,248.91 1,329.66 1,329.66 1,150.51 1,150.51 1,055.85 1,055.85 21 Apr 1999 Wed 3:43 PM Check Munber Employee Name Check Number 045888 045888 HANSING, CAROL J. Totals Check Number 045888 Check Number ^45899 045889 JOHNSON. BRADLEY P. Totals Check Number 045889 ^eck Register City of Orono Check Number 045890 045890 MCNALLY. STEVEN A. Totals Check Number 045890 Check Number 045891 045891 MCNZCHOLS. DAVID L. Totals Check Ntimber 045891 Check Number 045892 045892 MOROHCZYNSKI. JAMBS Totals Check Number 045892 J^.eck Number 045893 045893 SCHOBHHOPF. JOHN B. Totals Check Number 045893 Check Number 045894 045894 TOMCHSCX. LAURENCE P. Totals Check Number 045894 Check Number 045895 045895 TOMCZYK. MARX H. Totals Check Number 045895 Check Number 045896 045896 WITTKE. ANTHONY A. Totals Check Number 045896 Check Number 045897 Check Date 21-Apr-99 21-J^r-99 21-Apr-99 21-Apr-99 21-Apr-99 21-Apr-99 21-Apr-99 21-Apr-99 21-Apr-99 Page 3 Check Amount 387.68 387.68 1.136.20 1.136.20 292.28 292.28 700.34 700.34 1,510.37 1,510.37 1,282.44 1,282.44 260.31 260.31 1.277.99 1.277.99 685.51 685.51 21 Apr 1999 Hed 3:43 PH Check Register City of Orono Check Kunber Employee Name Check Number 045897 045897 HAGEN, MATTHEW D. Totals Check Number 045897 Check number 045898 045898 HOECHST, ROBYN A. Totals Check Number 045898 Check Number 045899 045899 JOHNSON, JEFFREY 0. Totals Check Number 045899 Check Number 045900 045900 QAFFRON, MICHAEL P. Totals Check Number 045900 Check Number 045901 045901 QAPPA, GREGORY A. Totals Check Number 045901 Check Number 045902 045902 OMAN, LYLE B. Totals Check Number 045902 Check Number 045903 045903 VAN ZOKBREN, ELIZABETH Totals Check Number 045903 Check Number 045904 045904 VANG, BRUCE L. Totals Check Number 045904 Check Number 045905 045905 NBCKMAN, STEPHEN J Totals Check Number 045905 Check Number 045906 Check Date 21-Apr-99 21-Apr-99 21-Apr-99 21-Apr-99 21-Apr-99 21-Apr-99 21-Apr-99 21-Apr-99 21-Apr-99 Page 4 Check Amount 214.37 214.37 647.79 647.79 755.73 755.73 1,161.19 1,161.19 1,565.93 1,565.93 248.55 248.55 533.94 533.94 993.71 993.71 70.19 70.19 21 Apr 1999 Hed 3t43 PM (7ieck Register City of Orono Check Number Employee Name Check Number 04S<^. >6 045906 NBZNBEROCR« PAUL B. Totals Ouftck Number 045906 Check N>aiber 045907 045,>07 BRINKHAUS. JOHN P. Totals Check Number 04590' Check Number 045908 045908 DBBAERB, DONALD L. Totals Check N'^mber 04S908 Chedc Number 045909 045909 GREGORY. JANES D. Totals Check Number 045909 Check Nun^r 045910 04S91C HANSEN. STEVEN C. Totals Check Number 045910 Check Number 045911 045911 OBSRAIGNER. SCOTT Q. Totals Check Number 045911 Check Number 045912 045912 OBRIEN* RANDY L. Totals Check Number 045912 Check Number 045913 045913 PAIUBR* GREGORY A. Totals Check Number 045913 Check Number 045914 045914 RAT«!BUN. BARRY J. Totals Check Number 045914 Oieck Number 045915 Check Date 21-Apr-99 21-Apr-99 21-Apr-99 21-Apr-99 21-Apr-99 21-Apr-93 21-Apr-99 21-Apr-99 21-Apr-99 Page 5 Check Amount 802.42 BJ2.42 1*115.06 1*115.06 671.68 871 68 761.30 761.3C 690.49 690.49 814.96 814.96 221.20 221.20 658.70 658.70 883.62 883.62 j 21 Apr ir99 Wed 1:43 PM ChecJc Number Employee Name Check Number 045915 C45915 SKRBSN, DALE S Totals Check Number 045915 Check Register City of Orono Check Number 045916 045916 ABRAHAMSOK, FRED N. Totals Check Number 045916 Check Number 045917 045917 OAS, DANIEL O. Totals Check Number 045917 Check Number 045918 045918 PETERSON, JACK N. Totals Check Number 045918 Check Nuadber 045919 045919 ROSS, JOHN A. Totals Check Number 045919 Check Number 045920 045920 STEFFENHAGEN, RONALD B. Totals Check Number 045920 Check Date 21-Apr-99 21-Apr-99 21-Apr*99 21-Apr-99 21-Apr-99 21-Apr-99 Page 6 Check Amount 639.59 639.*^ 9 96.15 96.15 156.17 156.17 399.74 399.74 121.57 121.57 1,094.11 1,094.11 r Grand Total 41,016.23 f: L- |4> 21 Apr 1999 Med 3s43 PM Check Register City of Orono Page 7 Payroll User Initials Nednesday 21 April 1999 3:43 PM Start 3:43 PM Finish Buffer Name Check Reg Records Read Records Selected Number of Pages 101 51 7 Selected by Check Date Equal To 21-Apr-99 Sorted by Qieck NUiaber Totals NO Page Breaks I M,,,—IP,. . . . .. I Will 23 Apr 1999 Fri 1:16 PM Check Register City of Orono Check Number Date Name Check Number 5S742 50742 ADT SECURITY SYSTEMS 22-Apr-99 ADT SECURITY SYSTEMS Totals Check Number 58742 ADT SECURITY SYSTEMS Che*k Number 50743 BCA/TRAININQ Cc DEVELOPMENT 58743 22-Apr-99 BCA/TRAINING 6 DEVELOPMENT Totals Check Number 58743 BCA/TRAINING k DEVELOPMENT Check Number 58744 BEACK. SCOTT 58744 22-Apr-99 BRACK, SCOTT Totals Check Number 58744 BEACK, SCOTT Check Number 58745 CHAMPION AUTO STORES 58745 23-Apr-99 CHAMPION Af.TO STORES Totals Check Number 58745 CHAMPION AUTO STORES Check Number 58746 CHASPRO 58746 22-Apr-99 CHASPRO Totals Check Number 58746 CHASPRO Check Number 58747 CHESWICK, GARY 50747 23-Apr-99 CHESWICK, GARY Totals Check Number 50747 CHESWICK, GARY Check Number 58748 CITY OF LONG LAKE 58748 22-Apr-99 CITY OF LONG LAKE Totals Check Number 58748 CITY OF LONG LAKE Check Number 50749 CITY OF WAYZATA 58749 22-Apr-99 CITY OF WAYZATA Totals Check Number 58749 CITY OF WAYZATA Check Number 50750 COUNTRY CAKE CUPBOARD 58750 23-Apr-99 COUNTRY CAKE CUPBOARD Totals Check Number 58750 COUNTRY CAKE CUPBOARD Transaction Amount 79.88 79.08 50.00 50.00 240.00 240.00 23.41 23.41 400.00 400.00 44.13 44.13 28,912.00 28,912.00 1,370.03 1,370.83 21.60 21.60 Page 1 Comments REPAIR MOTION DETECOR DRUG INTERDICTION-MCNALLY 50 DOZEN GOLF BALLS BRASS PUNCH SHARPEN BLADES MILEAGE, MEALS REIMBURSE 2ND QTR FIRE PROTECTION PURCHASED WATER 1ST QTR CAKE-ADOPT-A-PARK RCPT 23 Apr 1999 Fri 1:16 PM Check Register City of Orono Check Number Date Name Check Number 58751 58751 CULLIGAN 22-Apr-99 CULLIGAN Totals Check Number 58751 CULLIGAN Check Number 58752 DAHLGREN SHARDLOW & UBAN 58752 22-Apr-99 DAHLGREN SHARDLOW k UBAN Totals Check Number 58752 DAHLGREN SHARDLOW k UBAN Check Number 58753 DEPT OF ADMINISTRATION 58753 58753 58753 23-Apr-99 23-Apr-99 23-Apr-99 DEPT OF ADMINISTRATION DEPT OF ADMINISTRATION DEPT OF ADMINISTRATION Totals Check Number 58753 DEPT OF ADMINISTRATION Check Number 58754 DEPT OF PUBLIC SAFETY 58754 22-Apr-99 DEPT OF PUBLIC SAFETY Totals Check Number 58754 DEPT OF PUBLIC SAFETY Check Number 58755 ELITE AUTO 58755 58755 58755 23-Apr-99 23-Apr-99 23-Apr-99 ELITE AUTO ELITE AUTO ELITE AUTO Totals Check Number 58755 ELITE AUTO Check Number 58756 ENGINEERING REPRO SYSTEMS 58756 58756 58756 58756 22- Apr-99 23- Apr-99 23-Apr-99 23-Apr-99 ENGINEERING REPRO SYSTEMS ENGINEERING REPRO SYSTEMS ENGINEERING REPRO SYSTEMS ENGINEERIi'G REPRO SYSTEMS Totals Check Number 58756 ENGINEERING REPRO SYSTEMS Check Number 58757 ESS BROTHERS k SONS 58757 58757 23-Apr-99 23-Apr-99 ESS BROTHERS k SONS ESS BROTHERS k SONS Totals Check Number 58757 ESS BROTHERS k SONS Check Number 58758 FIEDLER* JOSEi'H k MARY 58758 22-Apr-99 FIEDLER* JOSEPH k NARY Totals Check Number 58758 FIEDLER* JOSEPH k NARY 1ransaction Amount 5.58 5.58 827.15 827.15 509.47 509.47 114.30 1*133.24 510.00 510.00 -29.82 99.05 99.05 168.28 33.66 31.95 136.97 61.88 264.46 714.62 585.75 1*300.37 291.75 291.75 Page 2 Comments SOFTENER SERVICE ADDT'L ENG - APPL 2308 COUNCIL k PLAN COM MINUTE COUNCIL k PLAN COM MINUTE PRK COM k LAKE USE PACKET CJDN CONNECT CHARGE DISCOUNT ON MERCHANDISE RADIOS RADIO SCAN TO PLOT ENCAPSULATION 24X36 SCAN TO PLOT SCAN TO PLOT ADJ RINGS* EXT SEALS EXTENSIONS* SEALS REFUND • OVERPAYMENT • ■•I-*r.^. i < 23 Apr 1999 Check Register Page Frl 1:16 PM •City of Orono Check Transaction Number Date Name Amount Comments Check Number 58760 G a K SERVICES 58760 22-Apr-99 G a K SERVICES 80.37 UNIFORMS 58760 22-Apr-99 G a K SERVICES 30.45 SHOP TOWELS 58760 22-Apr-99 G a K SERVICES 8.52 UNIFORM 58760 22-Apr-99 G a K SERVICES 15.73 UNIFORM-RATHBUN 58760 22-Apr-99 G a K SERVICES 78.64 UNIFORMS 58760 22-Apr-99 G a K SERVICES 15.73 UNIFORM-RATHBUN 58760 22-Apr-99 0 a K SERVICES 8.52 UNIFORM-STEFFENHAGEN 58760 22-Apr-99 G a K SERVICES 89.77 UNIFORMS 58760 22-Apr-99 G a X SERVICES 15.73 UNIFORM - RATHBUN 58760 22-Apr-99 G a K SERVICES 8.52 UNIFORM - STEFFENHAGEN 58760 22-Apr-99 G a K SERVICES 15.74 UNIFORM - RATHBUN 58760 22-Apr-99 G a K SERVICES 8.52 UNIFORM - STEFFENHAGEN 58760 22-Apr-99 G a K SERVICES 80.37 UNIFORMS 58760 22-Apr-99 G a K SERVICES 28.22 SHOP TOWELS Totals Check Number 58760 G a K SERVICES 484.83 Check Number 58761 GALL'S INC. 58761 22-Apr-99 GALL'S INC.21.95 MEDICAL SCISSERS 58761 22-Apr-99 GALL'S INC.97.98 RAINCOAT - FISCHER 58761 22-Apr-99 GALL'S INC.45.97 MOUNTING KIT - NEW SQD 58761 22-Apr-99 GALL'S INC.97.98 RAINCOAT - FISCHENICH Totals Check Number 58761 GALL'S INC.263.88 Check Number 58762 GANGELHOFF, DONNA 58762 22-Apr-99 GANGELHOFF* DONNA 50.00 DEER PICK UP-FERNDALE GRN Totals Check Number 58762 GANGELHOFF. DONNA 50.00 Check Number 58763 GE iCAPITAL 58763 22-Apr-99 GE CAPITAL 89.99 OMNI PAGE UPGRADE 58763 GE CAPITALTotals Check Humber 0 Check Number 58764 GOLF COURSE SUPT ASSN OF AMER. 58764 23-Apr-99 GOLF COURSE SUPT ASSN OP AMER. Totals Check Number 58764 GOLF COURSE SUPT ASSN OF AMER. Check Number 53765 GOPHER STATE ONE-CALL INC. 58765 58765 22-Apr-99 22-Apr-99 GOPHER STATE ONE-CALL INC. GOPHER STATE ONE-CALL INC. Totals Check Number 58765 GOPHER STATE ONE-CALL INC. Check Number 58766 HOUTMAN, JAMES AND KRISTINE 58766 22-Apr-99 HOUTMAN, JAMES AND KRISTINE L 89.99 275.00 275.00 ANNUAL MBRSHP-STEFFENHAGE 14.88 14.87 MARCH LOCATES MARCH LOCATES 29.75 250.00 REFUND APPL FEE 82464 23 Apr 1999 Pri 1:16 PM Check Register City of Orono Check Number Date Name Check Number 58766 HOUTMAN, JAMES AND KRISTINE Totals Check Number 58766 HOUTMAN, JAMES AND KRISTINE Check Number 58767 IIMC 58767 23-Apr-99 IIMC Totals Check Number 58767 IIMC Check Number 58768 IMC SALT 58768 22-Apr-99 IMC SALT Totals Check Number 58768 IMC SALT Check Number 58769 INT LAW ENFORCEMENT TRNING 58769 22-Apr-99 INT LAW ENFORCEMENT TRNING Totals Check Number 58769 INT LAW ENFORCEMENT TRNING Check Number 58770 JOHNSON. BRAD 58770 23-Apr-99 JOHNSON, BRAD Totals Check Number 58770 JOHNSON, BRAD Check Number 58771 KENNETH N. POTTS, PA 58771 22-Apr-99 V I V BTH N. POTTS, PA Totals Check Number 58771 KENNETH N. POTTS, PA Check Number 58772 KWOM 58772 22-Apr-99 KWOM Totals Check Number 58772 KWOM Check Number 58773 LAKESHORE WEEKLY NEWS 58773 22-Apr-99 LAKESHORE WEEKLY NEWS Totals Check NunO^er 58773 LAKESHORE WEEKLY NEWS Check Number 58774 LEAGUE OF MN CITIES INS. TRUST 58774 23-Apr-99 LEAGUE OF MN CITIES INS. TRUST Totals Check Number 58774 LEAGUE OF MN CITIES INS. TRUST Check Number 58775 LONG LAKE POWER EQUIPMENT 58775 22-Apr-99 LONG LAKE POWER EQUIPMENT Transaction Amount 250.00 85.00 85.00 2,473.42 2,473.42 200.00 200.00 32.74 32.74 140.00 140.00 72.00 72.00 73.25 73.25 1,000.00 1,000.00 14.74 Page 4 Comments ANNUAL MEMBERSHIP - VEE ROAD SALT CARBINE RIFLE TRNG-TOMCHE MEALS - MALEFI CONF LEGAL FEES-SUBRBN PORFIET RADIO ADVERTISEMENT ADV - SECRETARY SWR BACKUP-LS 13-MCGLYNN GASKET, MUFFLER 23 Apr 1999 Fix 1:16 PM Check Register City of Orono Check Number Date Name Check Number 58775 LONG LAKE POWER EQUIPMENT Totals Check Number 58775 LONG LAKE POWER EQUIPMENT Check Number 58776 LONG LAKE TRACTOR EQUIPMENT 58776 23-Apr-99 LONG LAKE TRACTOR EQUIPMENT Totals Check Number 58776 LONG LAKE TRACTOR EQUIPMENT Check Number 58'’77 LUNDS 58777 23-Apr-99 LUNDS Totals Check Number 58777 LUNDS Check Number 59778 MCLEOD USA PUBLISHING 58778 22-Apr-99 Totals Check Number MCLEOD USA PUBLISHING 59778 MCLEOD USA PUBLISHING Check Number 58780 MEDICA CHOICE Transaction Amount 14.74 45.37 45.37 37.28 37.20 13.32 13.32 Page 5 Comments MISC SUPPLIES FRUIT-ADOPT-A-PARK RCPT DIRECTORY ADVERTISING 58780 22-Apr-99 MEDICA CHOICE 357.11 MAY MEDICAL INSURANCE 58780 22-Apr-99 MEDICA CHOICE 357.11 MAY MEDICAL INSURANCE 58780 22-Apr-99 MEDICA CHOICE 3,035.40 MAY MEDICAL INSURANCE 58780 22-Apr-99 MEDICA CHOICE 714.22 MAY MEDICAL INSURANCE 58780 22-Apr-99 MEDICA CHOICE 178.55 MAY MEDICAL INSURANCE 58780 22-Apr-99 MEDICA CHOICE 1,249.86 MAY MEDICAL INSURANCE 58780 22-Apr-99 MEDICA CHOICE 178.56 MAY MEDICAL INSURANCE 58780 22-Apr-99 MEDICA CHOICE 178.55 MAY MEDICAL INSURANCE 58780 22-Apr-99 MEDICA CHOICE 915.23 MAY MEDICAL INSURANCE 58780 22-Apr-99 MEDICA CHOICE 8,495.24 MAY MEDICAL INSURANCE 58780 22-Apr-99 MEDICA CHOICE 178.55 MAY MEDICAL INS 58780 22-Apr-99 MEDICA CHOICE 357.11 MAY MEDICAL INS 58780 22-Apr-99 MEDICA CHOICE 178.56 MAY MEDICAL INS 58780 22-Apr-99 MEDICA CHOICE 603.52 MAY MEDICAL INS Totals Check Number 58780 MEDICA CHOICE 16,977.57 Check Number 58781 MET COUNCIL ENVIRONMENTAL SVCS 58781 22-Apr-99 MET COUNCIL ENVIRONMENTAL SVCS 20,183.23 SEWER SERVICE 5/99 58781 22-Apr-99 MET COUNCIL ENVIRONMENTAL SVCS -1,355.00 PR 1fR COST ALLOC 5/99 58781 22-Apr-99 MET COUNCIL ENVIRONMENTAL SVCS 150.00 1999 INDUSTRIAL DSCHG Totals Check Number 58781 MET COUNCIL ENVIRONMENTAL SVCS 18,978.23 Check Number 58702 MET COUNCIL ENVIRONMENTAL SER 58782 22-Apr-99 MET COUNCIL ENVIRONMENTAL SER 1,050.00 SAC CHARGES 2/99 23 Apr 1999 Pri 1:16 PM Check Number Check Number 58782 Check Register City of Orono Date Name 58782 MET COUNCIL ENVIRONMENTAL SER 22-Apr-99 MET COUNCIL ENVIRONMENTAL SER Totals Check Number 58782 MET COUNCIL ENVIRONMENTAL SER Check Number 58783 58783 58783 58783 MPLS COMMUNITY COLLEGE 22-Apr-99 22-Apr-99 22-Apr-99 MPLS COMMUNITY COLLEGE MPLS COMMUNITY COLLEGE MPLS COMMUNITY COLLEGE Totals Check Number 58783 MPLS COMMUNITY COLLEGE Check Number 58784 58784 58784 58784 MTI DIST CO. 22-Apr-99 22-Apr-99 22-Apr-99 Totals Check Number MTI DIST CO MTI DIST CO MTI DIST CO 58784 MTI DIST CO Check Number 58785 58785 NAVARRE AMOCO 22-<^r-99 NAVARRE AMOCO Totals Check Number 58785 NAVARRE AMOCO Check Number 58786 58786 58786 POffBRCLEAN COMPANY INC. 22-Apr-99 22-Apr-99 Totals Check Number PONERCLEAN COMPANY INC. POWERCLEAN COMPANY INC. 58786 POWERCLEAN COMPANY INC. Check Number 58787 58787 PUMP a METER SERVICES INC. 23-Apr-99 Totals Check Number PUMP k METER SERVICES INC. 58787 PUMP k METER SERVICES INC. Check Number 58788 58788 R.O.T.A. 22-Apr-99 R.O.T.A. Totals Check Number 58788 R.O.T.A. Check Number 58789 58789 RC IDENTIFICATIONS 22-Apr-99 Totals Check Number RC IDENTIFICATIONS 58789 RC IDENTIFICATIONS Check Number 58790 58790 REED VENDING 22-Apr-99 REED VENDING Transaction Amount -10.50 1,039.50 250.00 160.00 160.00 570.00 17.42 27.27 44.58 89.27 15.00 15.00 1,258.80 421.02 1,679.82 13.65 13.65 90.00 90.00 6.39 6.39 42.30 Page 6 Comments ADM FEE - SAC 2/99 BCKGRND INVEST-B JOHNSON STD INVEST-MCNALLY STD INVEST-FISCHER MAINT SUPPLIES BASE BRUSHES BASE BRUSHES TIRE REPAIR CARPET CLEANING CARPET CLEANING FILTERS 1999 ROTA TRNG DAY EMPLOYEE ID CARDS CANDY FOR RESALE 23 Apr 1999 Pri 1:16 PM Check Register City of Orono Check Number Date Name Check Number 58790 REED VENDING Totals Check Number 58790 REED VENDING Check Number 58791 SAFE ASSURE 58791 23-Apr-99 SAFE ASSURE Totals Check Number 58791 SAFE ASSURE Check Number 58792 ST. JOSEPH'S EQUIPMENT INC. 58792 22-Apr-99 ST. JOSEPH'S EQUIPMENT INC. Totals Check Number 58792 ST. JOSEPH'S EQUIPMENT INC. Check Number 58793 STA-SAFE LOCKSMITH 58793 22-Apr-99 STA-SAFE LOCKSMITH Totals Check Number 58793 STA-SAFE LOCKSMITH Check Number 58794 STAR TRIBUNE 58794 22-Apr-99 STAR TRIBUNE Totals Check Number 58794 STAR TRIBUNE Check Number 58795 STEFFENHAGEN, RON 58795 23-Apr-99 STEFFENHAGEN, RON Totals Check Number 58795 STEFFENHAGEN. RON Check Number 58796 STRINGER BUSINESS SYSTEMS 58796 58796 23-Apr-99 23-Apr-99 STRINGER BUSINESS SYSTEMS STRINGER BUSINESS SYSTEMS Totals Check Number 58796 STRINGER BUSINESS SYSTEMS Check Number 58797 SUBURBAN TIRE INC. 58797 22-Apr-99 SUBURBAN TIRE INC. Totals Check Number 58797 SUBURBAN TIRE INC. Check Number 58798 SULLIVAN'S UTILITY SERV. INC. 58798 22-Apr-99 SULLIVAN'S UTILITY SERV. INC. Totals Check Number 58798 SULLIVAN'S UTILITY SERV. INC. Check Number 58799 TQ4PORARIES-TO-GO Transaction Amount 42.30 2«826.00 2,826.00 84.65 84.65 79.88 79.88 287.50 287.50 173.17 173.17 230.19 162.14 392.33 558.23 558.23 187.50 187.50 Page 7 Comments 1999 SAFE ASSURE CONTRACT BULBS DOUBLE CUT KEYS-FORD EMP ADV - SECRETARY BOXES FOR PRINTS TONER - PAX MACHINE DRUM • FAX MACHINE SQUAD TIRES - SUMMER PUMP LS 816 j #-■ p 23 Apr 1999 Fri It 16 PM Check Register City o£ Orono Check Number Date Name Check Number 58799 58799 58799 TEMPORARIES-TO-GO 22-Apr-99 TEMPORARIES-TO-GO 22-Apr-99 TEMPORARIES-TO-GO Totals Check Number 58799 TEMPOR/iRIES-TO-GO Check Humber 58800 THORPE DIST CO. 58800 22-Apr-99 THORPE DIST CO. Totals Check Number 58800 THORPE DIST CO. Check Number 58801 TIMBERWMiL LANDSCAPING INC 58801 22-Apr-99 TIMBERWALL LANDSCAPING INC Totals Check Number 58801 TIMBERWALL LANDSCAPING INC Check Number 58802 TREADWAY GRAPHICS 56802 58802 22-Apr-99 22-Apr-99 TREADWAY GRAPHICS TREADWAY GRAPHICS Totals Check Number 58802 TREADWAY GRAPHICS Check Number 58803 VESSCO INC. 58803 22-Apr-99 VESSCO INC. Totals Check Number 58803 VESSCO INC. Check Number 58804 VILLAGE CHEVROLET 58804 23-Apr-99 VILLAGE CHEVROLET Totals Check Number 58804 VILLAGE CHEVROLET Check Number 58805 W.W. GRAINGER INC. 58805 22-Apr-99 W.W. GRAINGER INC Totals Check Number 58805 W.W. GRAINGER INC Check Number 58806 WEST HENNEPIN PUBLIC SAFETY 58806 22-Apr-99 WEST HENNEPIN PUBLIC SAFETY Totals Check Number 58806 WEST HENNEPIN PUBLIC SAFETY Check Number 58807 WIDMER INC 58807 22-Apr-99 WIDMER INC Totals Check Number 58807 WIDMER INC Transaction Amount 150.00 200.00 350.00 121.50 121.50 509.57 509.57 79.66 48.09 127.75 558.06 558.06 1.19 1.19 54.32 54.32 450.00 450.00 946.00 946.00 1 Page 6 Comments TEMP HELP TEMP HELP ADMIN ADMIN BEER FOR RESALE 6X6 GREEN TIMBER DARE SHIRTS-ROLE MODEL DARE SHIRTS k PINS 1- CORP STOP SPRINGS CUTOFF WHEEL ADD'T OFFICERS - PAULUCCI MAIN BREAK-CTY RO 135 I ' g ■ 23 Apr 1999 Fri It 16 PN Check Number Check Number 58808 Check Register City of Orono Page 9 Date Name 58808 YOCUM OIL CO INC. 22-Apr-99 YOCUM OIL CO INC, Totals Check Number 58808 YOCUM OIL CO INC Grand Total Transaction Amount 624.78 624.78 89,107.41 Comments 766.6 GALS - DIESEL ■ - INFORMATION ITEMS ll ■ COUNCIL MEETING ijkJI COUNCIL MfiETlNQ APR 2 6 t999. CnVOFORONO OF r r . f Jane Slaughter 4545 Wa>’zata Blvd. Maple Plain, MN 55359 COUNCIL MEETING APR 2 6 1999 April 22, 199<i Cl IY unuivu City of Orono Lin Zee, City Clerk 2750 Kelley Parkway P.O. Box 66 Crystal Bay. MN 55323-0066 ph: 473-7357 / fox: 249-4616 RE: Townlim; Roa<l (possibilities for County Rd. 19?) Dear Honoralde Mayor, City Clcii. and City Council of Orono, I ask that City Clerk Lin Zee copy each of you with this letter. Then 1 will know you have an understanding of what I have leamod. 1 would like to share it with you. During and afler the Orono’s “Public Information Meeting Concerning a Plan to Close Townline Road at Hwy. 12" I heard a concern that I thouglit I needed to learn more about. Some people suggested the reason i:o not be agreeable widt the closure of Townlioc Road at the intersection of Hwj-. 12 is because Hennepin County may wont to take over the road and change it to County Road 19. I believe they thought a closing would eliminate the possibility of their hope for a county toad. However, after speaking with Tom Johnson from Heimepin Count)' Planning Department, I believe this concern is not valid. Tom Johnson confirmed tliat Townlinc Road is penciled In on their draft of a transportation plan map for county roads. I understand this map is a tool they use to see areas that they want to consider ftutli'.:r, at a later time. Tliis doesn’t mean that they have made a decision to go ahead with any ebartijes in these areas, rai her it*s just a reminder that these areas arc possible options that haven ’t been tlim’mated. Tom said even if everything was favorable to put County RD. 19 in place of Townlinc i Load, it would probaljly be at least 15 years from now' and that would mean all cities’ would have t(» be agreeable. When 1 explained to Tom that some people oppose the idea of the closing at Townline Road because it wot Id le:>sen tlie chance of the county road, Tom explained contrary reasoning. Tom indicated that even if Townlinc Road was closed and traffic lights were put in, it would not eliminate the possibility of the comity to re-open that part of the intersection for County' Road 19. He stated that an already existing signal wnuld add support to the argument of having tlic County- Road put in. He mentioned that he believes it would be possible to design a signal hating a closure without precluding the possibility cf going to the south in the future; and the years in bcPvcen would have a payback of safety. During further discussion it bccaitv; apparent tliat the cities should be aware that they could request MnDot that; If a signal goes in .uid a closure is part of the design, it could be contingent on a } 1 I lOOlg)OMS 6TT9 T6S CT9 YVd SCJCT lIH.!. 66'ZZ'tO 1 first phase dcsfgn, wth 3-lcgs, that can be modified into a second phase, wth a 4-lcgs, if the county choos{‘.i» to do tlic extra conitruction for County Road 19. Tom realizes that reconstruction of the railroad bridge and additional turn lanes would need to be a part of a second phase. He suggested that the cities talk to Ton O’kccfe at MnDot to verify that a first phase design is possible for modification into a second phase. Tom said the cities could even make it part of the record to be at'Teealde if a 3-Ieg intjrsection design was contingent on the possibility of a County puttiug back llie 4**’ leg. As our conver.!*iation evolved, I asktd Tom if he could give me some guidelines for an undeveloped property immediately south of the intersection. I ^vas referring to tlie Medina properties. I asked him what would be the required distances for a road or driveway to be from the intersection. He responded, it could vary on the spe<:ific situation, from a Vi mile to 660 feet. The county s preferences would be to have a side street serving adjacent properties enter onto a county road in lieu of numero us driveways. The side street would probably be required to have a left turn lane if it served more than a half dozen properties. Tom agreed, since this property could be affected by the draft of the tra nsportation plan, the county would be more than willing to review development plans and mal<s suggestions that would work best if Townlbe road became County Road 19. In this situation, ii city could certainly make acceptance of a developer’s plan contingent on the county’’s review. Wc are interested in what happens to this development because it could become a better access to our property in Onnio. 1 would like tlie cities involved to consider tlie information I liave noted above. Personallv, I believe that doing notliing at all at the mtcrsection of H\vy. 12, CR. 29 and Towmline Road serves the public tlic least in he interest of safety. 1 don’t believe that adding a tralTic Iiglit on the other side of Maple Plain will enhance the safety of this intersection. I believe rerouting our presently tr: vcicd driveway off of Hwy. 12 would also serve the interest of public safety. 1 believe our propert es in Orono will definitely be affected on how the Medina properties gel developed. The development of the Medina properties could be made contingent on serving ours with access. We need the Cities’ support in making this happen. Could you consider accepting tlie closure of Townline Road at tlw Hwy. 12 intersection if it were contingent that it could be reopened by the County if they decided to reconstruct the railroad bridge, put in the extra turn lanes and rebuild Townlinc road as County Road 19? Could it become part of the record or an agreement with Medina that, in order to be agreeable with development of Medina properties, whether commercial or residential, it be contingent on mcluding us to have acc'iss to a road when divelopcd? roo®(IMS 6TT9 T6S ST9 Wd €E:CI iIH.I. ee ZZ/tO