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HomeMy WebLinkAbout08-23-1999 Council Packet0 ^ id ( I AGENDA FOR COUNCIL MEETING SET FOR MONDAY, AUGUST 23,1999,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the 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. C ouncil mfetinq ROLL CALL AUG 2 3 1999 ✓CONSENT AGENDA 1.App: 0ve/Amend C ity of ohono Presentation by mark engebretson regarding orono ice arena OPERATIONS APPROVAL OF NHNUTES *2. Regular Council Meeting of August 9,1999 t/PARK COMMISSION COMMENTS ‘Planning commission comments - Dale Lindquist, Representative yl/cr^UBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT / 3.#2308 Brook Park Realty, 3760 Shoreline Drive - Lake Minnetonka Woods - Final Plat Approval - Resolution , ^4.#2518 George W. Stickney - Mid-US Properties Limited Partnership, 250/340 Old Crystal Bay Road South - Final Plat Approval - Resolution ^ 5.#2506 Edward H. Hamm, 485 Orono Orchard Road South - Conditional Use Permit - Resolution / 6.#2508 James Erler, 3448 North Shore Drive - Variance - Resolution 7.#2509 Andrew Ronningen, 3030 Casco Point Road - Variance - Resolution ^ 8.#2515 Tom and Maureen Palm, 1685 Concordia Street - Variances - Resolution #2517 Scott and Lisa Bittman, 25 Brown Road South - Variances - Resolution MAYOR/COUNCIL REPORT ENGINEER REPORT uTO.Receive Report and Schedule Public Hearing Re: Fullerton Subdivision Sewer - Resolution 11.Stubbs Bay Cul-De-Sac Reject Bids and^Authorize Readvertising for Bids 1I4.U S'h'-lh l^ciLj Cct!o CITY ADMINISTRATOR’S REPORT ^^12.Advertise for Vacancy on Park Commission t)^13.Reconveyance of Tax Forfeit Parcel - Resolution ^^4.Extension of Sewer Service to 2909 Shoreline Drive - Resolution ' II ; *r • AGENDA FOR COUNCIL MEETING SET FOR MONDAY, AUGUST 23,1999,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ATTORNEY'S REPORT * 15. LICENSES Special Event - Jyland Development, Inc. Parking Shuttle for Parade Home at Minnetonka Beach * Special Events * 16. BILLS UPCOMING ISSUES AND EVENTS 1999 08/02 - Park Commis.sion Meeting, 7:15 p.m. 08/04 - Highway 12 Design Review Committee Meeting, 5:30 p.m. 08/05 - Council Work Session, 7:30 a.m. 08/09 - Council Meeting, 7:00 p.m. 08/16 - Planning Commission Meeting, 6:30 p.m. 08/19 - Council Work Session, 7:30 a.m. 08/23 - Council Meeting, 7:00 p.m. 08/26 - Council Woric Session, 7:30 a.m. 09/01 - Highway 12 Design Review Committee Meeting, 5:30 p.m. 09/02 - Council Work Session, 7:30 a.m. 09/06 - HOLIDAY, LABOR DAY 09/07 - Park Commission Meeting, 7:15 p.m. 09/13 - Council Meeting, 7:00 p.m. 09/20 - Planning Conunission Meeting, 6:30 p.m. 09/27 - Council Meeting, 7:00 p.m. Public A ttendance Meeting D ate %- PiP V 7 0 C ouncil r Planning C ommission Park C ommission Other Please nLL out the information REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER Tn r 8.. 9. 10.. 11.. 12.. 13. 14. 15. X:\APPS\WpWIN#IMVPDOCS\ft)llMS\PlBI.IC.ATT CniiM/'ii MCPTtWG AUG 1999 REQUEST FOR COUNCIL ACTION ^ urioi^io DATE: August 19,1999 ITEM NO: Department Approval: Name RonMoorse Title City Administrator Administrator Reviewed:Agenda Section: Item Description: Presentation by Mark Engebretson Regarding Orono Ice Arena Operations The Orono Ice Arena Association provides an annual report to the School District regarding the operation of the ice arena. Mark Engebretson, representing the Orono Ice Arena Board, has requested the opportunity to make a presentation to the Council regarding the Ice arena operations. COUNCIL ACTION REQUESTED: No action required. • % CriiiMnii mcptinQ^ ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 9,1999 AUG 2 3 1999 Ui 11 KJh ROLL CALL The Council met on the above mentioned date v/ith the following members preserit: Mayor Gabriel Jabbour, Council Members Richard Flint, Barbara Peterson, and Charles Kelley. Council Member Sansevere arrived at 7:25 p.m. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator Michael Gaffron, Zoning Administrator Paul Weinberger, Assistant Zoning Administrator Kris Jenson, City Engineer Tom Kellogg, Public Works Director Greg Gappa, and Recorder Jackie Young. Mayor Jabbour called the meeting to order at 7:01 p.m. CONSENT AGENDA (#1) APPROVE/AMEND Items 4, 6, 7,12,13,14,15, and 16 were added to the Consent Agenda. Flint moved, Kelley seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *(#2) Regular Council Meeting of July 26,1999 Flint moved, Kelley seconded, to approve the minutes of the Regular City Council Meeting of July 26,1999, as submitted. VOTE: Ayes 4, Nays 0. PARK COMMISSION COMMENTS - Irene Silber, Representative This item follows Public Commente. PLANNING COMMISSION COMMENTS - Sandy Smith, Representative Smith stated she would be available at tonight ’s meeting for any questions. PUBUC COMMENTS Jim Renckens, 3020 Watertown Road, addressed the City Council regarding the new Highway 12 corridor and his concerns over the lack of a noise wall or berm for properties west of Old Crystal Bay Road and south of the new corridor. Renckens requested that the City Councii support the local residents on this issue by asking that Mn/DOT install a retaining wall or some type of barricade to shield the noise and lights from the new highway. Renckens noted he has submitted a letter to the City Administrator regarding this item. Page 1 »• ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 9.1999 (Public Comments, Continued) Mayor Jabbour stated that the City of Orono is very concerned about the lack of a noise wall in this area and that Mn/DOT has been addressed concerning this issue. Jabbour stated that Mn/DOT uses a formula that requires so many homes exist in the area before any noise wall will be constructed. Jabbour stated that Mn/DOT has been informed that this land will be further developed in the future and that the City is requesting that a noise wall or berm be built in this area to accommodate the existing homes as well as any future homes that may be constructed in this area. Jabbour commented that the grade of the new highway cannot be changed. Moorse stated it will be a few more weeks before the new plans are received for the Highway 12 corridor. Kelley commented that if this grade is going to be lowered, then the excavated dirt could be utilized to build a berm in this area. Mayor Jabbour stated that the City of Orono needs to review the preliminary design and insure that there are proper rights-of-way and ingress and egress along the naw corridor. Jabbour remarked that if the rights-of-way are nota proper width, a berm would not be possible. The preliminary plans are expected to be ready by the end of August, with the City having 120 days to review the plans. Jabbour commented that the City of Orono is concerned about this issue, but at this time do not have a ‘.definite answer from Mn/DOT regarding the berm or noise wall. Bob Carlson, Jyland Homes, addressed tf.e City Council regarding the possibility of utilizing the Navarre public parking tot to accommodate visitors who wish to visit a residence listed on the Parade of homes located at 2933 Westwood Ridge in Minnetonka Beach. Carlson stated that they would like to use the parking lot September 11th, 12th, 16th, 19th, 23th, and 26th, as well as October 1st, 2nd, and 3rd, during the hours of 12:00 to 6:00 p.m., on the weekends and 3:00 - 8:00 p.rn.. during the week. Carlson stated they are planning to utilize a van to transport the visitors from the parking lot to the residence. Gappa stated that there are 90 parking spots available in the parking lot, with approximately 30 cars utilizing it this afternoon at 1:00 p.m. Gappa stated he was not aware of the number of cars who utilized the parking lot on the weekends. Carlson stated they are anticipating 20 to 25 cars during the week at any one time, with 40 to 50 cars on the weekend at any Oi'k* time. Gappa commented that he is not aware of when the overlay of this parking lot will occur. Moorse stated that in the past when this lot has been utilized for other events he has received complaints from the business owners regarding the lack of available parking for their customers on the weekends. Moorse commented that Carlson ’s proposal would probably not pose a problem during the week Mayor Jabbour commented that the City could perhaps designate 25 parking spots for this event, with some policing of the area to insure that this number is not exceeded. Jabbour inquired whether Carlson has considered the Minnetonka Art Center. Carlson stated they have been contacted but they have not received an answer back as of this time, noting that 25 parking spots probably will not be adequate on the weekends. Page 2 • • ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 9,1999 (Public Comments, Continued) Mayor Jabbour noted that the City of Orono only owns one-half of this lot, with the private business owners owning the other half. Kelley stated he would be willing to allow use of 25 parking spots during the week and 40 on the weekend, with the applicant assuming responsibility to monitor the number of cars. Carlson stated he would be willing to have an attendant on duty. ?>appa commented that this type .of item is normally approved under licenses. Kelley moved, Peterson seconds .1, to permit Jyland Homes to utilize the Navarre Municipal Parking Lot, with the understanding that a maximum of 25 parking spots will be allowed during the week and 40 parking spots on the weekends in order to accommodate visitors to the Parade of Home residence located at 2933 Westwood Ridge, subject to any conditions City Staff feeis are appropriate, and further subject to the understanding that this approvai may be rescinded by the City if there are any problems. VOTE: Ayes 4, Nays 0. Mayor Jabbour requested that City Staff inform the business owners in this area about this event PARK COMMISSION COMMENTS • Irene Sllber, Representative Silber presented the City Council with a potential survey that the Parks Commission is interested in mailing to the residents within approximately a one mile radius of Saga Hill Park. The survey is intended to get the residents' input regarding some possible passive and active uses for this park. Silber commented that the Parks Commission would like to see the Stubbs Bay project proceed forward. The Parks Commission Is excited about the Dakota Rail to Trail proJecL and work is proceeding forward on the Navarre park to make it a more iiwiting park. Mayor Jabbour commented that the City Is working diligently on acquiring some additional property In Navarre. Jabbour stated that the Dakota Trail to Rail project is also proceeding fonvard. ZONING ADMINISTRATOR'S REPORT (#3) #2410 PETER AND DARSi BOYNTON, 1973 EAGERNESS POINT ROAD - VARIANCES AND CONDITIONAL USE PERMIT - RESOLUTION NO. 4328 Darsi Boynton, ApplicanL was present, along with Joe Dzurik, Contractor. Weinberger stated this application has appeared before the Planning Commission approximately five or six times over the past year. The Applicants have revised their plan on several occasions in an effort to comply with the Planning Commission’s recommendations. Tne current plan submitted by the Applicants proposes to remove the ejdsting structure and construct a new residence. The proposed residence requires multiple variances for lot area and lot width, hardcover in the 0-250* setbacks, lakeshore setback, rear yard setback, and a Conditional Use Permit for Land Alteration in the 75* lakeshore setback. Due to the uniqueness of the loL with lakeshore on both sides of the property, no suitable building pad exists without the need for some type of variance. Page 3 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 9,1999 (#2410 Peter and Darsl Boynton, Continued) Weinberger slated a variance is needed to the lakeshore setback to ailow the residence to be located 47.59 feet from the OWHL of Lake Minnetonka where 75' is required and 21.01 ’ from the street lot line where 30' is required. The Applicants are proposing to reduce the hardcover in the 0-75' lakeshore to 11 percent where currently 22 percent exists. Under City Codes, no hardcover is allowed in the 0-75' setback. The Planning Commission has recommended denial of the Conditional Use Permit to permit grading within 75* of the lakeshore, but is recommending approval of the variances as proposed on this most recent revised plan due to a hardship based on the uniqueness of the lot Boynton stated that they have worked hard to revise their plan in an effort to meet the recommendations of the Planning Commission. Boynton remarked that she has briefly reviewed the resolution that Is before the City Council tonight. Mayor Jabbour commented that the resolution, if approved, will be filed with the title to the property. Dzurik stated that the Applicants are not proposing to do any excavation outside what is necessary for construction of the house, with the grade for the existing walkout remaining as is. Mayor Jabbour stated that the Applicants will be issued a grading permit to allow for construction of the proposed residence. Kelley moved, 3ansevere seconded, to approve Application #2410,1973 Fagemess Point Road, and adopt RESOLUTION NO. 4328, a Resolution Granting Variances to Lot Area, Lot Width, Lakeshore Setback, Rear Yard Setback, and Grading Within 75 ’ of Lake Minnetonka, and to Deny a Conditional Use Permit for the Purp> s of Creating a Walkout of the Lower Level of the Residence Within 75 ’ of the Lakeshore. Mayor Jabbour thanked the Planning Commission for their fine efforts on this application. Kelley stated that he appreciated the efforts of the Applicant to move the house back to accommodate the neighbors and the recommendations of the Planning Commission. VOTE: Ayes 6, Nays 0. *(#4) #2474 C. STEVEN AND SUSAN WILSON, 325 BROWN ROAD/2150 ABINGDON WAY - VACATION OF DRAINAGE AND UTILITY EASEMENT - RESOLUTION NO. 4329 Flint moved, Kelley seconded, to approve and adopt RESOLUTION NO. 4329, a Resolution Vacating Drainage and Utility Easement Within the Plat of Abingdon Glen and Release of the East 60 Feet of Lot 5, Block 1, Abingdon Glen from Private Road Easement in the City of Orono, Hennepin County, Minnesota. VOTE: Ayes 4, Nays 0. (#5) #2479 PETER ANDREA CO., 555 STUBBS BAY ROAD NORTH • PRELIMINARY SUBDIVISION - RESOLUTION NO. 4330 Mark Gronberg, Architect, was present, along with Jim Deanovic, Peter Andrea Company. Page 4 .1 » • ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 9,1999 (#2479 Peter Andrea Co., Continued) Weinberger stated the Applicant is proposing a seven lot rural residential development consisting of five acre parcels located along Stubbs Bay Road. This property is currently zoned five acres, with all proposed parcels meeting the minimum requirements for this zoning district with a portion of the property being taken out of the total area for the proposed ponding as well as any Orono designated wetlands. Weinberger stated the lots would be served by a private road shown as Outlot A, which ends In a cul-de-sac between Lot 1, Block 2 and Lot 2, Block 1. All of the lots would be required to gain access through Outlot A. Lot 1, Block 1, would be served temporarily through a second outlot, Outlot B, and a third outlot, which is for future access and road designation to the north if access to the west is ever required. Weinberger remarked that the property is surrounded by other parcels in the five acre zoning district, with the properties to the east being zoned two acre. Each lot does appear to demonstrate a suitable building site within the allowed setbacks, with no variances being required for the septic sites on these lots. Steve Weckman has approved each of the proposed septic sites. Lot 1, Block 1, is proposed at this time to consist of 9.12 acres and is subject to a future taking by Mn/DOT for an interchange with the new Highway 12 corridor. Mn/DOT is proposing to take approximately four acres of this parcel, which would still allow the lot to meet the five acre minimum zoning requirement Weinberger stated that some concerns were expressed by a neighbor regarding the location of the road and the possibility of headlights shining Into their residence. Attempts have been made by the contractor and City Staff to relocate the driveway, but the proposed layout has been found to be the best in order to maintain the five acre lots. The Planning Commission has recommended approval of this application. City Staff is recommending approval of this application as well based on the fact that all lots meet the conditions of the five acre zoning district Gronbeig commented that he has attempted to discuss this Issue with the neighbors affected by the driveway, but was unable to contact them because they were out of town on vacation. Gronberg stated that he has reviewed the situation and considered the possibility of turning the driveway slightly to the south, but In his view this would not Improve the situation. Gronberg stated the Applicant would be willing to provide some plantings If so desired to help reduce the headlights. Deanovic commented that In his opinion the neighbors did not have the accurate location of the driveway and that this should not pose a major problem. Gronberg stated there Is a fair number of trees already In this area. Mayor Jabbour Inquired how the City can be assured that this road will become a through road If necessary in the future. Deanovic stated the City will have an easement over the road and that access will need to be negotiated in good faith to help recoup some of the costs to construct the road. Mayor Jabbour stated that it is the City’s understanding that this cul-de-sac may eventually become a through street Jabbour commented that the policy regarding the 28 foot street was developed a number of years ago and that the City Is now allowing narrower streets. Page 5 ‘I! i .1.» it. ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 9,1999 (#2479 Peter Andrea Co., Continued) Kelley suggested that the entire width of the road be made consistent rather than vary from being 56 feet v/ide at the north end and 33 feet v/ide at the south end. Kelley commented that he v/ould like to see the road also be platted as a through road, but that the City probably would not want to see access off of County Road 6. Kelley stated he is In favor of the subdivision. Kelley inquired whether the Applicant was aware that a cul-de-sac will be constructed on Stubbs Bay. Deanovic replied that he was. Sansevere moved, Kelley seconded, to approve Application #2479, and adopt RESOLUTION NO. 4330, a Resolution Granting Preliminary Approval of a Class III Subdivision Located at 555 Stubbs Bay Road for Peter Andrea Company, subject to City Staff notifying Mn/DOT of the preliminary plat for this area and the Impact on the north lot as It relates to the new Highway 12 corridor, and further subject to the inclusion of the provision that a through street be platted for this subdivision. Keiiey inquired whether the easement to the south should be vacated. Weinberger stated that the easement to the south could be dedicated as a through area and that City Staff may want to review whether or not a portion of the area is needed for future access. VOTE: Ayes 5, Nays 0. i. .^ *•. . *(;«6) #2492 RICK AND GAIL LUZAICH, 2490 OLD BEACH ROAD • VARIANCE AND CONDITIONAL USE PERMIT - EXTENSION OF 60 DAY APPUCATION DEADLINE Flint moved, Kelley seconded, to continue action on this application to the August 23,1999 Council meeting. VOTE: Ayes 4, Nays 0. *(#7) #2501 CITY OF ORONO, 3601 BAYSIDE ROAD - VARIANCES AND CONDITIONAL USE PERMIT - RESOLUTION NO. 4331 Flint moved, Keiiey seconded, to approve and adopt RESOLUTION NO. 4331, a Resolution Granting Variances to Permit an Access Trail Within the 0-75 feet Lakeshore Setback to Provide Public Access to an Existing City Dock Located on the North End of Stubbs Bay and to Grant a Conditional Use Permit to Allow Filling of 180 Square Feet of a Non-Orono Protected Wetland; Grading within the 0-75 Foot Lakeshore Setback and Within Five Feet of a Property Line; and Placement of 12 Cubic Yards of Fill Material Within the 0-75 Feet Lakeshore Setback; to Permit Access to an Existing City Dock Located on the North End of Stubbs Bay. VOTE: Ayes 4, Nays 0. (#8) #2504 WARREN AND TANA GARRETT, 650 BROWN ROAD NORTH - VARIANCES - RESOLUTION NO. 4332 Warren Garrett, Applicant, was present. k^age 6 * * •- ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 9,1999 (#2504 Warren and Tana Garrett, Continued) Jenson stated the Applicants are requesting variances in order to construct a 12 by 20' home addition, an addition to the existing deck, and constru m.«.i of an inground sv/imming pool. The initial application by the Applicant included a request to construct a split-rail fence along the property line, from the driveway to the lakeshore. The Applicant withdrew the request for the fence at the Planning Commission meeting. The Planning Commission recommended approval of the variances for the addition to the house, the deck addition, and the inground swimming pool, but recommended denial of the variances to aiiow construction of a five foot high spiit-raii fence. Jenson stated that a mature stand of trees would prohibit the neighbors from having a view of the new addition and swimming pool. Garrett commented he has read the resolution before the City Council tonight Garrett stated he will withdraw his application for the fence due to some complaints by one of the neighbors. The fence was designed to help deter trespassers onto his property from the adjoining Long Lake park, but the number of trespassers has dedined this past year. Mayor Jabbour stated that the City does not like to have fences constructed within 75’ of the lakeshore. Kelley moved,-Peterson seconded, to approve Application #2504, and adopt RESOLUTION NO. 4332, a Resolution Granting a Variance to the Average Lakeshore Setback to Allow the Construction of a 12’ by 20’ Addition to the Home, an Addition to the Existing Deck, and an Inground Swimming Pool Surrounded by a Deck, and to Deny the Variances to Construct a Five Foot High 3-Raii, Split-rail Fence Along the South Property Line from the Driveway to the Lakeshore. VOTE: Ayes 5, Nays 0. (#9) #2505 THE BANCOR GROUP. INC., WILLOW DRIVeSDCTH AVENUE NORTH - SKETCH PLAN REVIEW Marty Campion, Bancor Group, was present Weinberger stated the Applicants are proposing to construct a 52 lot subdivision consisting of single family units over 58 acres located at the southwest comer of County Road 6 and Willow Drive North. The Applicants have submitted a proposal to subdivide the property into 52 lots, with an average density of less than one acre per lot This is assuming the total property dedicated for right-of-way, ponding and wetlands virili exceed six acres on the site. The property is currently zoned RR-1B requiring two acres per unit The Applicants are requesting that the property be rezoned to R-1A to allow one acre per unit density and to develop the property as a Planned Residential Development The purpose of a PRD is to enhance the appearance of neighborhoods through preservation of natural open spaces and to counteract the effects of urban congestion. A PRD would allow the property to be developed at one unit per acre while allowing the lots to be less than one acre leaving the remaining land as open space by the creation of conservation outiots. City sewer and water are available to this property. Weinberger stated that this property would not be able to sustain individual septic systems due to the high water table and soil types present in this area. Weinberger stated that the surrounding properties to this site include a two acre development east !i Page 7 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 9.1999 (#2505 The Bancor Group, Inc., Continued) of Willow Drive, low density residential consisting of two acre lots north of County Road 6, the Orono School to the west, and some possible tov;nhome/office use along Highway 12 and Kelley Parkway to the south. This property may be appropriate to act as a buffer zone between the mixed uses surrounding the proposed development Mayor Jabbour commented that a prior application was submitted for this property proposing approximately 42 units. Weinberger stated that the prior application proposed two acre density to the north and one acre density to the south, with the property being set up as a PUD, and did not appear before the City Council. Campion, Bancor Group, stated that the wetlands were delineated a number of years ago and that a new wetland delineation has been undertaken, which, in his opinion, will show that the wetlands are diminished from what was originally charted. Campion commented that there are a number of benefits to this proposal, such as this property acting as a transitional zone to the surrounding areas, with no access being proposed off of County Road 6. Bancor Group is proposing to preserve the natural environment as much as possible In this area as well as creating a traiiway and open green space in this development. Campion stated due to the costs associated with developing this property with City sewer and water, the higher density is necessary. Campion commented that more housing In this area will be needed due to the new Highway 12 corridor and the displacement of a number of families. Mayor Jabbour inquired whether the Applicant would be willing to consider a two-tier zoning for this property. Campion remarked that they are not aware of the exact amount of wetiands in this area, which wouid impact the size of the lots, and that if they are required to have a minimum of one acre dry buildabie, that wouid mean a significant reduction in the number of lots. Mayor Jabbour inquired whether the Applicant wished to recess this matter temporarify to discuss some of these issues with the other Bancor representatives. Campion requested that they be allowed to discuss this matter. Item #9 follows Item #10. (Recess taken at 8:21 p.m. - 8:3*: p.m.) (#10) ONR CONVEYANCE OF LUCE LINE PARCEL TO LONG RIDGE ASSOCIATES Gaffron stated that the DNR has determined that a portion of the south half of the Luce Line right-of-way west of the Orono Golf Course was In fact owned by Long Ridge Associates. Long Ridge Associates has agreed to deed the traii right-of-way to the DNR in exchange for conveyance to Long Ridge a portion of the traii right-of-way further east, adjacent to the Orono Orchard Road bridge. The portion to be conveyed to Long Ridge is now and will continue to be used by DNR and the public as a walking/driving access to the trail with the DNR retaining an easement over the strip for these purposes. Page 8 If r I • ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 9,1999 (DNR Conveyance, Continued) Gaffron stated that the DNR is claiming exemption from compliance with Orono Zoning Code requirements in this matter, with City Attorney Barrett concurring that the City cannot require the DNR to comply with our subdivision requirements. City Staff is requesting authority to advise the County that the City will not oppose this "lot line rearrangement subdivision", and that the County and Long Ridge be advised that the conveyed parcel should be legally combined with the adjacent Long Ridge parcel to avoid the creation of what someone might perceive as a buildable lot Gafh ’on stated due to the configuration of Orono Orchard Road and the steep banks, this is not a safe location for a driveway access that would have vehicles exiting on a regular basis. Gaffron noted that the City has advised Long Ridge in the past that this is not an acceptable access for their land west of the golf course. Sandra Smith, Planning Commission, inquired whether this is the area where a large number of the general public access the trail. Gaffron stated that this is where the general public gain access to the trail. Gaffron stated that the DNR will retain an easement over this area to insure that access to the trail will continue. Kelley commented that In his view the City should advise the DNR that the City Is not in favor of this. Mayor Jabbour suggested that the City advise DNR that they are not in favor of a driveway at this location. Tom Barrett, City Attorney, stated he has had a conversation with Bruce Specktor, Assistant Attorney General, who explained that Long Ridge is contesting the title that the State has because an easement was issued rather than a fee title and because it is no longer being used as a railroad, the easement is extinguished and it should revert to the underlying fee owner, which is Long Ridge. Rather than contest that title, they have agreed to this conveyance. Long Ridge has indicated that they want to square off their property and that the representatives of Long Ridge have assured Specktor they have no interest at this time in using this as a road. Mayor Jabbour reiterated that the City should take the position that there should be no driveway at this location. Kelley commented that the public Is using the property owned by Long Ridge as a part of the golf course for recreational purposes. Kelley suggested the City should acquire this property as it currently has substantial public use. Smith commented that in her opinion this is a major access to this trail and that the general public views it as a public access. Kelley suggested that this matter be discussed with Long Ridge. Gaffron stated he has been advised that the DNR will retain an easement to allow the current use to continue. Gaffron noted he has not had an opportunity to review those documents. Mayor Jabbour suggested that Long Ridge be advised that this matter came before the City Council, and that the Council has some grave concerns regarding this parcel which should be addressed. Jabbour recommended that a letter be sent to the DNR indicating the City’s desire that this piece of land continue to be used as access to the trail as well as expressing the City's concern that this property not be used as access to other parcels. Page 9 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 9,1999 (#9) #2505 The Bancor Group, Inc., Willow Drive/Sixth Avenue North, Continued Campion stated that the consensus of the Bancor Group is that they will not be able to proceed forward with this development if it is reduced by more than four lots. Campion stated that they are looking at approximately .85 dry buildable acres per lot at this time, noting that the exact amount of wetlands has not been defined. Mayor Jabbour commented in his view his opinion regarding this parcel has changed somewhat over the years due to changes in the community as welt as the new proposed Highway 12 corridor. Jabbour stated that according to City Code prior developers were given credit for wetlands when City sewer was available. Jabbour commented in his opinion this property should be used as a buffer zone. Campion inquired whether the City Council would be requiring one acre lots for this development. Mayor Jabbour stated this parcel should be developed as a PRO. with an average of one acre per lot. Kelley commented that he personally is not in fevor of rezoning this property and would like to see the two acre zoning maintained. Kelley stated he would be in ^vor of a PRO with two acre zoning. Peterson commented that she also is in agreement with the two acre zoning. Kelley stated that In his view the value of the property should be reduced in order to make this development more economically feasible. Campion stated they will need to address these issues further. Gaffron commented that Sugarwoods was rezoned to one acre density. Mayor Jabbour commented in his opinion the City should provide some higher density housing within the City and that the City Council should consider the possibility of rezoning this property. Kelley stated he would be in fevor of clustering units on this property, which would eliminate the need to run sewer to a large number of residences. Kelley commented he would like to maintain the two acre zoning for this area and is not in fovor of higher density housing in this area. Flint commented that he is troubled by the efforts to keep this area zoned at two acres, noting that this is not a prime piece of real estate and that the school and County Road 6 do impact this property. Sansevere stated he is in agreement with Flint and that in his opinion this property could be rezoned one acre dry buildable. Campion stated that one acre dry buildable would not allow their proposed development to work, noting that the wetlands and the streets need to be taken into account Mayor Jabbour commented that he would be hard-pressed to vote in fovor of this application when he has denied another similar proposal for this property. Jabbour stated he would be more favorable towards a development proposing a maximum of 44 units. Sansevere commented that the developer is proposing upper middle class housing for this area. Page 10 • ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 9,1999 (#2505 The Bancor Group, Continued) noting that he would be in favor of higher density for this area. Mayor Jabbour commented that credit should be given for the streets. Gaffron stated under a PRD the City has allowed credit for roadways, noting that no credit is given under a standard plat for streets. Mayor Jabbour commented that the Applicant will need to appear before the Planning Commission with their proposal once these issues are addressed. Campion stated that they will continue to keep the buffering to the north and east, and will look at trying to achieve a one acre zoning under a PRD with credit being given for the streets. MAYOR/COUNCIL REPORT Mayor Jabbour stated he has been contacted by one of the business owners, the owner of the vacant commercial building adjacent to Highway 12 and Industrial Boulevard in Long Lake, regarding the possibility of constructing a service road to provide additional access to his business from Old Crystal Bay Road. Jabbour stated he explained to the property owner the process that needs to be followed and the Cit/s general philosophy regarding this matter. Jabbour commented that the City’s current comprehensive plan, which is in the process of being updated, is being made obsolete in part because of the new Highway 12 corridor. Mayor Jabbour stated that the City should make a determination whether a frontage road is necessary in this location and whether a frontage road is desired by the property owners in that area. Jabbour commented that the City has taken a position that they do not want an exit ramp from new Highway 12 in this location. Kelley stated he essentially told the representative the same thing last week. Kelley commented that the traffic counts by Mn/DOT are not always accurate and that their numbers tend to differ from the County’s numbers. Kelley commented in his view the new Highway 12 corridor should be constructed first Mayor Jabbour suggested that the City Administrator send a letter to the affected business owners informing them that this Issue has been discussed and that the City Council is interested in their input on this matter. Mayor Jabbour stated he has spoken with the president of Great America who has stated that the Dakota Rail virill officially be shut down October 15,1999. Jabbour commented the next step is to meet with Hennepin Parks to discuss the Dakota Rail to Trail project Kelley commented that he Is aware that the Oiono Police Department is taking some action regaining Big Island. Jabbour stated that the police are aware of the situation and are reviewing this matter. Sansevere commented that perhaps the number of boats should be restricted in that area. Mayor Jabbour stated that in previous years the Rre Marshall limited the number of boats. Page If • f • I I. ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 9.1999 (Mayor/Councll Report. Continued) Sansevere suggested that some buoys be installed in this area to restrict the number of boats somewhat. Mayor Jabbour stated that the LMCD is responsible for regulating this, noting that the City Council Is reviewing this issue due to some safety concerns that have been raised. Sansevere stated that he has been contacted by a local resident expressing concerns regarding Illegal dumping in his neighborhood, noting that this Is the second complaint that has been received. Gappa commented that City Staff did respond to the first complaint and that they will look into this situation. ENGINEER REPORT (#11) REQUEST FOR STREET LIGHT • OLD BEACH ROAD CUL-DE-SAC Gappa stated the City has received a letter requesting the installation of a street light at the Old Beach Road cul-de-sac from the residents In that area. Mayor Jabbour inquired whether the City has the right to remove the trees that the property owner has planted In the right-of-way. Gappa stated an agreement does exist which would allow the trees in the right-of-way to be removed. Gappa recommended that a street light be installed In this area, noting that the City in the past has assumed the costs of maintaining the street light and that a decision needs to be made r^arding who would pay for the cost of the Installation. Gappa stated the resident requesting the street light was informed that this item would be on tonight’s agenda. Sansevere moved, Jabbour seconded, to authorize City Staff to proceed forward with the instaliation of a street light at the Old Beach Road cul-de-sac. Kelley commented he would like to see a different type of street light installed in this area with more restrictive lighting. Kelley stated the rational for the street light Is to illuminate the area being used for parking. Kelley commented in his view the costs of installation should be assessed to the property owners. Gappa commented in his opinion this area would benefit by the installation of a street light Flint stated that the City currently does not have a policy specifying street lights should be installed to Illuminate trails, noting that only one resident in the area has requested the street light Gappa stated that the costs for installation are approximately $1500 for foe typical NSP light Moorse stated that a decorative light would cost more. Kelley commented that he would like to see a more restrictive street light installed, noting that foe trails do not need to be illuminated in this area. VOTE: Ayes 2, Nays 3; Kelley, Flint and Peterson Opposed. ^age 12 I I i I ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 9.1999 *(#12) AWARD BID FOR GOLF COURSE MOWER Flint moved, Kelley seconded, to award the bid of a Toro Reelmaster 5200 Fairway Mower from MTI Distributing, Plymouth, Minnesota, in the amount of $22,960.34, and to amend the 1999 Golf Course Capital Outlay Budget to Delete the Maintenance Shed Addition and Approve the Purchase of a Fairway Mower for $22,960.34. VOTE: Ayes 4, Nays 0. *(#13) REQUEST FOR PAYMENT #1 • EDGEWOOD HILLS SANITARY SEWER PROJECT Flint moved, Kelley seconded, to approve Request for Payment #1, Edgewood Hills Sanitary Sewer Project to G.L. Contracting Inc., in the amount of $127,179.48. VOTE: Ayes 4, Nays 0. *(#14) REQUEST FOR PAYMENT #1 • ORONO ORCHARDS SANITARY SEWER PROJECT Flint moved, Kelley seconded, to approve Request for Payment #1, Orono Orchards Sanitary Sewer Project to Widmer, Inc., in the amount of $217,147.91. VOTE: Ayes 4, Nays 0. *(#15) ST. EDWARDS CHURCH REQUEST FOR WATER SERVICE Flint moved, Kelley seconded, to approve a request from St Edward’s Church, 865 North Femdale Road, to connect to the City of Plymouth Water System. VOTE: Ayes 4, Nays 0. CITY ADMINISTRATOR’S REPORT *(#16) BUDGET ADJUSTMENT TO REFLECT ACQUISITION OF SAGA HILL PARK AREA ACCESS EASEMENTS Rint moved, Kelley seconded, to amend the Park Fund Budget to reflect the expenditure of $14,000 for the acquisition of easements for the Saga Hill Park area access. VOTE: Ayes 4, Nays 0. (#17) SCHEDULE WORK SESSION REGARDING HOUSING OPTIONS Moorse stated that City Staff would like to schedule a date and time to meet with Ron Clark to review and discuss information regarding quality housing options. Mayor Jabbour commented he has met with Ron Clark in the past noting that he builds a good quality product Jabbour stated he would like the Planning Commission and City Council to have a joint workshop to discuss this issue. The City Council directed City Staff to schedule a work session between the Planning Commission and the City Council for Thursday, August 26, to meet with Ron Clark. CITY ATTORNEY’S REPORT None ■PageTT I *! t ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 9,1999 *(#18) LICENSES Flint moved, Kelley seconded, to approve the follov/ing licenses. VOTE: Ayes 4, Nays 0. CIGARETTE LICENSE Troy Krahenbahl Western Convenience I i (Formerly Orono Self Service) 2160 Wayzata Boulevard ! ; 1 SPECIAL EVENT PERMIT Rick Recker Com Days 4 Mile Road Running Foot Race Willow Drive at Hackberry Park, South to Brown Road, North to Orchard Lane, West to Holbrook Park August 15,1999 11:15 a.m. to 12:00 noon *(#19) BILLS Flint moved, Kelley seconded, to approve payment of the All Funds Account VOTE: Ayes 4, Nays 0. ADJOURNMENT % Flint moved, Sansevere seconded, to adjourn the meeting at 9:15 p.m. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Page 14 &-a %I 1a ai aa|.^ o o *nII*at/i •^•2 15)^3 S o|C V o o ^ OQ oS O pii 1 aa-§|| eJ.SiSsf'Ipfl 2|lJ!ll=li:-.JHIfJf»ss-' " “S"2 ^ 00*^00 o\ o o «n «o CM CN :«l:j w?m \o oo o\s a ?55SCC*^CSS5S?:CJC!ooooooooSSooooS s.t«vv 1/ I im^A I / T id ./ fW 1 i mmmmmn ^________________,1 1 SL — 1s ^ SI m •V ••• *M ««*n J ■W" I I / / Si !i / \ 'S f Tv ^ \ REQUEST FOR COUNCIL ACTION COUNCIL MEETING AUG 2 3 1999 CITY OF OHONO Date: August 19,1999 Item No.: 3 Department Approval: Administrator Approval:Agenda Section: Zoning Name: Michael P. Gafiroi Title: Senior Planning Coordinator Item Description: #2308 Brook Park Realty/Tonka Ventures LLC - 3760 Shoreline Drive - "Lake Minnetonka Woods" Townhome Development - Final Plat/PRD-CUP Approval Resolution List of Exhibits A - Resolution B - Final Plat Drawings C - Sanitary Sewer, Water Main, Storm Sewer and Streets Plan D - Grading, Drainage & Erosion Control Plan E - Lighting Plan F - Revised Landscape Plan (Also old plan and Case comments of 2/26/99) G - Amended Subdivider's Agreement H - Preliminary Plat Approval Resolution No. 4240 I - Selected Excerpts from Development Declarations and Covenants SUMMARY Applicants request final plat approval for this PRD townhome development. Council granted preliminary plat approval for this development on February 22nd, 1999 per Resolution No. 4240 and subject to a Subdivider's Agreement dated March 8,1999. Over the last two months the developers have been working with staff and the City Attorney to complete all requirements for final plat approval. As of this writing it appears all requirements of the City either have been met or will be met before the August 23rd Council meeting, as noted in the attached Resolution prepared for Council adoption (Exhibit A). Staff recommends final plat approval subject to all conditions being satisfied prior to the meeting. BACKGROUND The subdivision will accommodate 29 tONvnhome uiiits in five 4-unit buildings and three 3-umt buildings on this 10-acre site. The subdivision inv<>lves the westward extension of Livingston Avenue, ending approximately 130' short of the property's west boundary. A cul-de-sac will be located just east of the northerly wetland on the site. Outlot B for future road cxiension to the west boundary has been platted, and its future development will not occur without Council approval. % * #2308 - Brook Park Realty/Tonka Ventures August 19,1999 Page 2 Parameters for future development of Outlet B are detailed in the Subdivider's Agreement. Ten of the 29 units will gain access via a private road with a 'hammerhead' turnaround. Maintenance of this private road (Outlet A) as well as responsibility for the common areas of this Planned Residential Development (PRD) will be carried out by a homeowners association. The City is being granted underlying Road, Drainage, Utility and Trail Easements in relation to this Outlet. Sewer & Water. The developer will be extending existing sewer and water lines to serve the site. The water main will be looped as required by the City. The Health Department has confirmed that the water main can be placed in the same easement as the existing sewer line, and Greg Gappa has confirmed that we would not need additional easement area to repair/replace the sewer line if a problem occurred at some future date. Site Improvements and Protection . The two 'Commons ’ lots contain woods and wetland areas which are being protected via site design, open space covenants and flowage and conservation easements. A trail system connecting the residential units with County Road 15 will be constructed. A stormwater pond will be constructed near the west boundary of the site. The grading and drainage plan has been approved by the Minnehaha Creek Watershed District. Landscaping Plan. The developer has submitted a revised landscape plan (Exhibit F-1) to address the concerns noted by Wally Case of DSU in his review of the original landscape plan. The preliminary plat approval requires that the landscape plan be further reviewed and 'tweaked' as necessary once framing of the units has been completed. This process allows the developer and City to establish an appropriate final landscape plan once the actual degree of site impact by road construction, etc. is known. An estimated $5,000 for public area landscaping is intended to be incorporated into the development letter of credit, with an additional estimated $2,000 per unit escrowed for landscaping around each unit, which would be released on a per-unit basis before each unit is sold. The City's goal for landscaping will be to maintain as much of the existing vegetation on site as possible, then supplement with additional materials where necessary to screen the buildings, retaining walls, etc. when viewed from off-site. The revised plan has not been reviewed by Case as of this writing; however, final plat approval need not be held up pending his review. Lighting. Applicant has submitted a lighting plan which includes one street light plus individual permanent lights outside each dwelling unit. In staffs opinion the lighting plan is appropriate. Council may wish to review the design of the proposed street light (Exhibit E). Sohns' Driveway Easement: Wetland Restoration . The existing driveway serving the adjacent Sohns property will be partially relocated back onto the Sohns site (in the area of stormwater pond) as part of this development. Nearer County Road 15, applicants have granted a driveway easement along the west 10' of the property to allow this driveway encroachment to remain temporarily until the Sohns family no longer owns the site. ti #2308 - Brook Park Realty/Tonka Ventures August 19,1999 Page 3 Ceil Strauss of the DNR has indicated she will be following up shortly on requirements for restoration of the portion of wetland that had been filled east of the Sohn's driveway over the years. It would be most efficient and probably least costly for the developer if this restoration work is done at the same time as site grading for the stormwater pond. Development Fees. The developer will be paying the required development fees noted in the preliminary plat approval resolution, including: $19,064 park dedication fee; $53,162 sewer and water connection charges; and $400 legal review and filing fees. Additionally, the developer is providing the required Letter of Credit in an amount of approximately $370,000 covering 150% of the costs of the public improvements including public and private roads, stormwater systems, sewer and water utilities, street lighting, and site grading and landscaping. Amended Subdivider's Agreement Per the recommendation of the City Attorney, the conditions of plat approval which require an action on the part of the developer have been incorporated into an amended version of the prior Subdivider's Agreement (see Exhibit G). Request to Start Two Buildings Prior to Road Completion The Amended Subdivider ’s Agreement specifies that no building permits for construction other than model homes be issued until all public and private street improvements are complete. The Agreement notes that model home construction would be permitted for the building (singular) closest to Livingston Avenue after plat approval and recording, but couldn't be open for viewing until the paved roads are in place. Applicant has requested that building permits be issued for the two buildings at the northeast comer of the site, one on each side of Livingston Avenue. The one on the south side is 3 units, that on the north side is 4 units. These two buildings will be located approximately 75' from the existing end of Livingston Avenue, so emergency access should not be an issue. Staff recommends approval for issuance of permits for these two buildings concurrently with commencement of road construction, subject to neither viewing nor certificate of occupancy until all road and utility improvements are completed for the development. Commencement of Site Grading Due to an anticipated last-minute revision of the mylars resulting from recent satisfaction of one of the mortgage interests in the property, it may be impossible to record the plat documents until the week following Council action. The developer is anxious to commence grading to ensure work is completed this season. Staff and the City Attorney have concluded it would be within the authority granted in the subdivision ordinance to allow such grading to begin after final Council action but before actual plat filing, subject to the Amended Subdivider's Agreement and Letter of Credit being in place. #2308 - Brook Park Realty/Tonka Ventures August 19,1999 Page 4 COUNCIL ACTION REQUESTED Subject to stair confirmation that all conditions have been met prior to the Council meeting, it is requested that Council adopt the attached Resolution approving a CUP for Planned Residential Development and approving the plat of Lake Minnetonka Woods. It is further requested that Council authorize staff to issue building permits for the two buildings nearest existing Livingston Avenue prior to completion of road and utility improvements, and to likewise authorize commencement of site grading prior to recording of the plat. 2308fnl3.\vpd A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR PLANNED RESIDENTIAL DEVELOPMENT AND APPROVING THE PLAT OF LAKE MINNETONKA WOODS FILE NO. 2308 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a 29-unit Planned Residential Development subdivision by Brook Park Realty, LLP, the applicant and Tonka Ventures, LLC, the property owner (hereinafter "the subdivider”); and WHEREAS, the subdivision has been found to meet all standards of the LR-lC-1, Lakeshore Residential Zoning Subdistrict, and the configuration and layout would allow its use for development of 29 townhome units without the need of any variances; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: 1.Completion of all the requirements of Resolution No. 4240, the resolution granting preliminary approval of this Planned Residential Development subdivision. 2. Creation of 29 individual building lots to allow for individual ownership of townhome units. 3.Dedication of a 50' public right-of-way to extend Livingston Avenue to serve the subdivision, along with a 100' diameter cul-de-sac. Page 1 of 5 'i i r 4. 5. 7. 9. 11. 13. Creation of a 30' private road (Outlot A) to provide vehicular access to Lots 8 through 17, Block 2, along with a 'hammerhead' turnaround apron. Creation of a 50' future road corridor (Outlot B) for the potential future extension of Livingston Avenue westward, and grant of easements to the City for Road, Trail, Drainage and Utility purposes over said Outlot B. 6. Dedication on the plat of 7' of additional right-of-way for County Road 15. Conveyance of two Commons lots (Lot 13, Block 1 and Lot 18, Block 2) to the homeowners association for use as common open space by the owners of the individual building lots within the subdivision. 8. Dedication on the plat of standard perimeter drainage and utility easements. Identification on the plat of delineated City-protected wetlands and concurrent granting to the City of Flowage and Conservation Easements over the wetlands on the property. 10. Provision of design plans and specifications for stormwater management and drainage improvements and facilities. Identification on the plat of drainage easements for ponding purposes, along with the concurrent dedication of drainage easements over all the detention areas and drainageways within the plat, providing for limitations on the use of these areas and shown on the plat as drainage easements, and providing for the maintenance thereof by the owners of Lots 1 through 13 Block 1 and Lots 1 through 18, Block 2. 12. Provision of evidence of .stormwater management plan approval from the Minnehaha Creek Watershed District. Concurrent with the creation of the private road in Outlot A, grant of easements to the City for Road, Drainage and Utility purposes over said Outlot A, and conveyance of said Outlot A to the homeowners association for access purposes, and creation of covenants whereby the homeowners association agrees to permanently maintain and pay the costs of maintenance of said private road. Page 2 of 5 c ■ ' > 14. Execution of a Subdivider’s Agreement dated March 8, 1999 and an amended and restated Subdivider’s Agreement dated August __, 1999, providing for the installation of required public improvements required as a condition of subdivision approval, including roads and boulevards, street lighting, drainage and stormwater facilities, municipal water and sanitary sewer, walking trails and certain landscaping improvements; and posting of security to ensure that these required improvements are completed to the City's satisfaction, the design and installation of said improvements remain subject to approval of the City Engineer and City staff. 15. Provision of signed and executed covenants for; a) declaration of private road/driveway agreement and drainage facilities maintenance, specifying the relationship of ownership. b) ownership, use and maintenance of open space within the 'commons’ lots (Lot 13 Block 1 and Lot 18 Block 2). c) aesthetic and operational constraints for the development, including removal of additional trees or woods, prohibiting outdoor and recreational vehicles and accessory structures, use of shared commons, and limiting the number and size of vehicles parked in the driveways on an ongoing basis. 16. Payment to the City of a park dedication fee in the amount of $19,064. 17. Payment to the City for the final plat review fee and fee for legal review and filing of the plat, easements and covenants in the amount of $400.00. 18. Payment of sewer and water connection charges in the amount of $53,1 62. 19. Provision of evidence of fee ownership of the property in a form acceptable to the City Attorney, and meeeting all other title requirements as required by the City Attorney. 20. Provision of all documents noted in this resolution in a format acceptable to the City Attorney. Page 3 of 5 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves a conditional use permit for development via the planned residential development process and hereby approves the final plat and 29 unit townhome Planned Residential Development of Lake Minnetonka Woods, Hennepin County, Minnesota, subject to the following conditions: 1.Each of the 29 townhome units shall be assigned a separate Livingston Avenue address. 2.Issuance of Building Permits. No building permits will be issued until the public and private road base work and all stormwater management improvements have been completed by the developer and approved by the City Engineer. 3.Development of the site shall be in accordance with the Subdivider's Agreement dated March 8, 1999 and the amended and restated Subdivider's Agreement dated August _1999. 4.The aforesaid plat shall be filed by the City of Orono with either the Hennepin County Recorder's Office or Registrar of Titles Office on or before February 23,2000 together with a certified original copy of this resolution and executed copies of the easements, deeds and covenants noted above. IT IS FURTHER RESOLVED, that notwithstanding the terms and conditions of that Flowage and Conservation Easement and Waiver of Damages dated October 20,1982 as Document No. 1495429 in the Office of the Hennepin County Registrar of Titles and filed January 4,1993 as Document No. 4763090 in the Office of the Hennepin County Recorder (the "Easement"), the City hereby consents to the encroachment of: a temporary driveway along the westerly 10 feet of Lot 18, Block 2, Lake Mirmetonka Woo^, Common Interest Community Number 937, Hennepin County, Minnesota; and an eight foot wide walking trail within the easterly fifty feet of said Lot 18 into the easement area as described in the Easement. Page 4 of 5 i; i >, The approval granted by this resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Dated this 23rd day of August, 1999. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of August, 1999 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. 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A ? ft , 4 *... ,. .. -»*?•.»•< f**: .: *• . • 1 : i - <•■•.■» • •. ! . * '* *<». !• • *' . •; .1 •• • . ‘•.- . ■ , • I • •»* • I , . . » » ’• •• • ■ ‘ .■••<''' v'”- f• I • • • I* . ■• • • '•■• •» i • 4/' • . . ■ • * ^ •*1 D HHH '•;•• • i\■:' • 1 it ■Mt f • 02/26/99 14:53 FAX 612 337 5601 »- r-*, :• 111* iJi.5 n\ 1.1I •■7 DSU. INC. DAHLGREN SHAR13TX)W AND • UBAN iMCoaroftAtiD CONSULTING PLANNERS LANDSCAPE ARCHITECTS 300 FIRST AVENUE NORTH SUITE 210 MINNEAPOLIS, MN 55401 612*339-3300 PHONE 612*337*5601 FAX 7^ ^ ®001A ,1®I»01 PtsNolt L42. ^A^'2oM^h>7 F/om P*fC*oP DATE: TO; FROM: R£: 26 February 1999 Elizabeth Van Zomeren Planning and Zoning Administrator City of Orono Fax 612-249-4616 Wallace L. Case, ASLA Landscape Architect/Planner Review of Revised Landscape Plan Class III Preliminary Subdivision and Planned Residential Development Brook Park Realty/Tonka Ventures 3560 Shoreline Drive Application # 2308 We have reviewed the revised landscape plan for the proposed Lake Minnetonka Woods project and have the following comments. I fmHfteaoe Plan: e The revised landscape plan proposes a total of 34 deciduous overstory trees, 23- deciduous ornamental trees, 16 evergreen trees and 166 deciduous shrubs. The amount of landscaping being proposed Is sparse in several area’s. However, as noted during our prior review, this project will preserve a number of^ .. significant trees and a large amount of woods and open space. In addition, the site development will result in a relatively small amount of land that vrill be suitable for landscaping. We recommend that the City consider requiring the following changes end conditions prior to the acceptance of a landscape plan. 1, • The Landscaping section of the zoning ordinance requires that the project be landscaped with trees, shrubs and planted ground covers. The ordinance calls C:\WPWIN60\WPDOCSV299U>MTC.HOM ^/99 14:53 FAX 612 337 5601 DSU. INC. 2, =~=H£=SS—*“ The plant sites shown trees from 8 leet high to 2 - 2 /2 men ca ‘'Pe^ . . ^ shrubs ordinance. We recommend increasing the number ^ 2 indi^caUper^de^^ • parking Islands and foundation plantings. The landscape plan does not identify the contfition of 'h* P~PO«f AH plant materials are to be nursery growri, first class selections of their species. All trees are J' ,(,8 park grade) balled and burlapped. Shrubs are to planting details, landscape specification, seed and warranty and maintenance provisions are to be ^ made for . the City! This information Is to Include the . . watering/irrigation and maintenance of the landscaping and law 9 construction and after project completion. Approval of the landscape plan should be subject provide adequate screening/buffering. . The drives, parking and garage fronts will be units^ThelhSands Uvlngston and the private drive serving ®®'^^®J" nSrow^for growing and between garages are approximately 4 ^®®^ landscape plan grourrd cover in each of these islands. The rook mulch strips end lack -2- o 02/26/99 14:54 FAX 812 337 5601 \ '. DSU, INC.@003> 6. 6. landscaping would result in harsh uninterrupted frontages (70 to 100 feet long) along the garage sides of the buildings. We recommend that the narrow parking islands be slightly crowned (approximately 6 inches) and planted vyith living ground covers. The area between the crosswalk and the street should be sodded or planted with ground cover. The area between the crosswalk and the garage should be filled with a combination of rugged low maintenance shrubs such as Bush Honeysuckle, Shrub Roses or Anthony Waterer Spirea, and edged with appropriate (sun or shade tolerant depending on exposure) perennials such as Daylily, Phlox, Hosta, or Sedum. Provisions for watering, or irrigation should be provided. The landscape plan also proposes a 3 to 3 Vi feet wide rock mulch maintenance strip surrounding each building with 4 shrubs planted only on the entrance deck side. A maintenance strip will be needed especially in the dry shady areas under the eaves and porches or decks. However, additional shrubs and perennials should be planted In this strip at the walk and drive entrances, between the walk and the building, and at the building entrances. Shrubs and perennials should be planted in groups or clusters of the same species rather than as single isolated plants. The proposed shrub palette is generally acceptable but should be expanded to include a few. additional deciduous and evergreen shrubs such as Hardy Shrub Roses, Viburnums, Japanese Barberry, Alpine Currant, Andorra Juniper, and Dwarf Yew. The primary entrance points along the walks and drives should also include massed perennial plantings. * The plan .indicates that two Red Twigged Dogwoods would be planted adjacent to the entrance to some of the units. The suitability of this large suckering plant (8-10 feet high) for this location depends on the elevation of the entrance/deck and on the presence/absence of lower level windows. The smaller Isanti or Kelsey Dwarf Dogwoods or other lower or more open shrubs should be substituted where appropriate. The landscape plan proposes planting 15 Little Leaf Linden in the larger islands between buildings along Livingston Avenue. Overstory Trees In these Islands will be critical to creating an acceptable streetscape. At maturity, the Little Leaf Lindens are small overstory deciduous trees (35 to 45 feet high) that are fragrant, dependable and have a soft yellow fall color. They would be generally acceptable ici these locations. However, larger showier species -5- i I V?d/99 14:54 FAX 612 337 5601 DSU. INC.@004/003 of trees such as Autumn Blaze Maple, Sugar or Red Maples would be more effective,In reducing the dominance of the driveways and garage fronts. 7.The landscape plan proposes Snowdrift Crabapple and Red Splendor Crabapple. Both varieties set fruit that persists into the winter and are good choices in sunny well drained areas where Crabapple trees are appropriate. A few of the Snov;drift Crabapple trees are shown in areas that may be too moist or shady. Alternative species such as the Serviceberry or Pagoda Dogwood should be considered in those locations. 8.The landscape plan proposes planting 4 Colorado Spruce, 8 Black Hills Spruce, 7 Amur Maple, and 1 Snowdrift Crab along the open area In the northwestern part of the site. As these plants mature they should provide adequate buffering to the north. However, the grading plan shows^ a small drainage basin In the central part of the northern area. Plants In this area should be located outside of the basin. In addition, all plants should be located out of any swale or drainage ways. Plants located near drainage ways and holding areas should be species that are tolerant of moist conditions such as Swamp White Oak, Hackberry, Red Maple, River Birch, Serviceberry or Pagoda Dogwood. 9.This project will remove the existing trees from the outer edge of the woods in several areas. The remaining larger trees In those areas will be especially susceptible to wind throw and storm damage after the woods Is opened up. When completed, the town home units will help protect these exposed edges. Additional new trees should be planted where needed to protect and reinforce the newly exposed wooded edge. - •• ^ This project Is proposing saving a number of significant trees and large areas of woods and open space. As noted in our prior review, it is Imperative that all trees and wooded areas to bo preserved are protected by fencing at the drip line prior to beginning construction. In addition, good construction management and arborist practices must be observed to minimize the potential for the Infection, end spread of oak wilt. In addition, there must be appropriate authority to stop work and recourse for correcting damages, in the event that these practices are not adequately observed. 10.As noted during prior reviews, the proposed NURP basin will be visually prominent when viewed from County Road 15 and Livingston Avenue, and should be constructed to serve as a visually attractive natural feature. ^ Additional native tree and shrub groupings should be planted In appropriate locations around the perimeter of the pond to enhance its value as a natural amenity. Rip rap should be placed to achieve a natural rather than utilitarian appearance. -4-1 LI 02/26/99 14:55 FAX 612 337 5601 DSU, INC.©oos/SUT 11.As noted in our prior review, the City and Developer should consider creating a landscaped island within the proposed cui-de-sac. The cul-de-sac could easily accommodate a 35 to 40 feet diameter Island with a 2 or 3-feet high sodded crown section and three or four deciduous canopy trees. Such an Island would reduce the actual and visual amount of paving, and as the plants mature It would serve an open space focus at the end of the curve. Turning movements and snow removal should be reviewed but should not be significantly Impaired by such an Island. 12.The grading plan Indicates the need for a retaining wall at the hammerhead turnaround on the east end of the southern driveway. This wall appears to be approximately. 6 to 8 feet high. A wall at this location may be highly visible from County Road 15 and should be constructed and landscaped to blend into the natural setting. A wall of this height must be engineered and requires a fence or railing along the top. If you have questions regarding these comments, or If I can be of further assistance, please call me at 339-3300. DAHLGREN, SHARDLOW, AND UBAN, INC. Wallace L. Case, ASLA Landscape Architect/Planner -X- I .1 /1 11 c \ iiiL I*- 4 km Otv bizC A ifT z- zfe" 7 r' 0** • .^Z'^Vi; ' 0 i 2- m ,{r /5. (<!9 1• H 7 /Vv- 1:9 /7</” Zft /B''• 2ft X 30 M 30 /5”' iv ■VI PlAU< J>cyit^-o\AU I/.1IL.C U a ^ Livit^exi A/^U(L. hAPUL Laur\0 hCH^ IZjVCC^ ZueJiiAiLK tu=>CJL DPfUMJ^ CjyjDfLAXiO IjP^utt ^ f> JbPUUrMisL C£^A 4/v'o\4J DfUP^ C a A^-^ QaC3vOof»Ci hux^ tjCAilt, Cj^Kls i^dSiJ Ur. (^fiAnC £Mfi^At-t> MoUfJ\> /#PA/4r*'/5WC#ci^J AMENDED SUBDIVIDER'S AGREEMENT CIT\ OF ORONO HENNEPIN COUNTY, MINNESOTA Lake Minnetonka Woods Name of Subdivision) Tonka Ventures. LLC a Minnesota Limited Lif i -ilitv Company (Name of Subdivider) THIS AGREEMENT, made and entered into this ___day of 1999, by and between the City of Orono, a municipal corporation organized under the laws of the State of Minnesota (hereinafter called "City"), and Tonka Ventures LLC, a Minnesota limited liability company, the property owner and developer, its successors and assigns, (hereinafter called "Subdivider"). WITNESSETH: WHEREAS, the Subdivider has made application to the City Council for final plat approval of land within the corporate limits of the City legally described in Exhibit A attached hereto and incorporated herein by reference (the "Subdivision"); and WHEREAS, the City Council by Resolution No. 4240 adopted February 22,1999, granted preliminary approval to the Subdivision, on the condition that the Subdivider enter into an agreement to provide for among other things, the installation of street, water, sewer, other utilities, pathways, landscaping, and any other improvements hereinafter described on the terms and conditions hereinafter set forth; and WHEREAS, on March 8,1999 the Subdivider and the City entered into a Subdivided Agreement for completion of the subdivision ("the Agreement"); and WHEREAS, it is necessary to amend the Agreement to incorporate the specific conditions of approval of Resolution No. 4240 and other appropriate conditions. 1 • i NOW, THEREFORE, in consideration of the mutual promises and conditions hereinafter contained, it is hereby agreed that the Agreement is amended to read as follows: 1.Warranty of Subdivider . The subdivider hereby warrants and represents to the City as inducement to the City's entering into this agreement, that authentication and verification of the Subdivider's interest that is acceptable to the City will be provided before approval of the final plat. Subdivider hereby warrants that evidence of title to the property that is acceptable to the City will be provided before approval of the final plat. i\ 2.Improvements. In accordance with the policies and ordinances of the City, the following described public or private improvements (hereinafter collectively called the "Improvements") shall be constructed and installed on the terms and conditions hereinafter contained: A. Improvements to be installed by Subdivider at Subdivider's expense, with the exception of a future extension of Livingston Avenue to the west property line, shall hereinafter be referred to as "Plan A Improvements". B.The future extension of Livingston Avenue to the west property line shall hereinafter be referred to as "Plan B Improvements". 3.Plan A Improvements A. Improvements. The Subdivider will construct and install at Subdivider's expense Plan A Improvements according to the terms of this agreement and as set forth in the preliminary plat drawings dated September 25,1997, most revised date February 4, 1999, and as may be revised in the final plat approval. The Plan A Improvements include the follcwing: Site grading, drainage and erosion control improvements including, but not limited to storm sewers and appurtenances, a stormwater pond, grading for building pads, and all necessary erosion control procedures per the approved plans prepared by Westwood Engineering Service, d.ited September 25, 1997, most revised date February 4, 1999, and as may be revised in the final plat approval. Required Stomwater Management and Drainage Improvements- a. Subdi%ider shall concurrent with road and utility construction, constT-ct stormwater management and drainage improvements as prc'ided for in this Agreement, and subject to any revisions of said plan as may be required by the City Engineer. <;ite Improvements: General Provisions. a.Erosion control shall be maintained over all disturbed areas until natural groundcover is restored, adhering to guidelines found in 'Best Management Practices for Protecting Water Qualir.- in Urban Areas'. The public and private roads, municipal water and sanitary sewer lines, site grading and required drainage and stonn’Aater improvements shall be constructed to City requirements. Construction of these improvements can begin as soon as the fmal plans have been formally approved by the City Engineer per the terms of this Agreement. Site Amenin Protection. a. b. The subdivider shall protect all trees and wooded are^ that are to be preserved by fencing at the drip line prior to commencing construction. Good construction management and arborist practices shall be observed to minimize the poter.ual for infection and spread of oak wilt. The subdivider shall minimize grading impacts on the site. Low. curved retaining walls shall be used to lessen grading impams to preserve natural features. The retaining walls shall be ccastructed of a permanent material that blends with the natuml setting. Timber walls shall not be allowed. The rubdivider shall identify all junk, debris, or hazardous materials on the site and document, remove and dispo^ of the materials in accordance with all applicable rules, guidelines and laws. No cut trees, timber, debris, earth, rock, stones, soil, junk- rubbish, or other waste materials of any kind shall be buried in any land, or left or deposited on any lot or street at the time of the issuance of a certificate of occupancy. (2) Installation of public and private roads including street grading, base and permanent surfacing including curb and gutter, for which plans and specifications are to be approved by the City Engineer. Required Road Improvements. a. b. c. Subdivider shall construct a 32' wide bituminous paved public road with concrete curb and gutter and storm sewers from the end of the existing developed Livingston Avenue west along the 50 foot wide dedicated public right-of-way for a distance of 570 feet. A 40 foot radius cul-de-sac shall be constructed at the w est end of the northern set of buildings. The radius of Livingston Avenue shall be 150' instead of the required 275' (30 mph design) to allow the proposed street to be aligned to the north side and around the west side of five very large, significant oak': and maples. Reduced speed signage will be required. Within Outlet A the subdivider shall construct a 22' wide paved private driveway from the extension of Livingston Avenue, to serve Lots 8 through 17, Block 2. A hammerhead design turnaround shall be constructed at the end of the private driveway. Maintenance of the private driveway shall be per the terms of a private driveway maintenance covenant and shall be the responsibility of the subdivider/homeowner's association to be created by the subdivider. The public extension of Livingston Avenue and the private drivewav within Outlot A shall be constructed at the sole expense of the subdivider. Further, the subdivider shall provide a financial guarantee in a form acceptable to the City for the construction of the remainder of the Livingston Avenue public street within Outlot B to the west property line, per the terms of this Agreement. This road extension to the west propert>’ line shall be constructed at the subdivider's expense if and when the adjacent property to the west is redeveloped with an additional access to County Road 15. It is the City's intent with this provision that Livingston Avenue may be extended to the west property line and through the property to the west (17-117-23 34 0003) of the subject site oidy if it will connect to CSAH 15 (Shoreline Drive) to provide access to County Road 15 to reduce the traffic impact on the properties "« \L. to the east of this development. Extension of this street will require City Council approval to open the right-of-way for public travel. Sanitary sewer lines and appurtenances and water service (hereinafter, sewer and water improvements) for which plans and specifications are to be approved by the City Engineer. Required Sewer and Water Improvements . a.The developer shall construct municipal water and sanitar}’ sewer laterals to City standards, the plans and specifications for which shall be subject to approval by the City Engineer as provided for in this .\greement. The Developer shall upon satisfactory completion of construction and acceptance by the City, transfer ownership of said sewer and water facilities to the City, and shall grant to the City appropriate easements over said facilities where they are located outside of right-of-ways; and City shall henceforth maintain said sewer and water lines. b.Service locations shall be shown on the final plans with sanitary services located 3' downstream from water services. Subdivider shall upon completion of consunction provide the City with an as-built plan set for sewer and water facilities. Landscaping improvements, including trails, boulevard sodding, tree planting, seeding per recommendations of Wallace Case, DSU, as outlined in the memo dated Febniary 26,1999, attached as Exhibit C and for which plans are to be approved by the City Public Services Director. Required Site Amenities. a.The subdivider shall submit an internal walkway layout that is compatible with the wooded area. Trail connections constructed of an all-weather material shall be provided between Lots 1 through 7, Block 2 and Lots 8 through 17, Block 2 walkways. The trails shall follow the existing trail alignments. A paved 8' trail linkage from the project area to CSAH 15 (Shoreline Drive) shall be provided. The trail plan shall be reviewed and approved by the Public Services Director. b.The subdivider shall configure and construct the stormwater management pond as a natural feature. The perimeter of the pond shall be treated as a natural edge and planted with appropriate native grasses, deciduous trees and shrub masses. c.The subdivider shall submit a landscaping plan after tree removal, grading and rough framing have been completed in order to evaluate the site conditions and determine the need for more landscaping and screening. The landscape plan shall be reviewed by the City's consultant and reviewed and approved by the City Council prior to certificate of occupancy being issued. The landscape plan shall meet generally accepted standards for landscaping of a development such as the one proposed. d.The subdivider shall provide a lighting plan to be reviewed and approved by the City Council. e.The subdivider shall provide a signage plan for entry signs and monuments prior to construction, subject to review and approval by the Public Services Director. f.The subdivider shall provide a plan for mailbox location and treatment to be reviewed and approved by the Public Services Director. Underground gas, electric, and telephone service to be arranged by Developer with the utility companies (hereinafter, referred to "utility improvements"). Standard street name signs and street lights at all new intersection:? and other such traffic control signs for the subdivision as may be appropriate, to be installed by the City, at the cost of the Developer. Wetland Restoration. The Department of Natural Resources (DNR) has been asked to determine the Ordinary High Water Level (OHWL) of Basin 27-914W. The proposed roadway will need to be realigned if any portion encroaches below the OHWL. Tlie subdivider shall restore the wetland, identified as Basin B, Type 3 shallow marsh PEMIF. A minimal amount of fill shall be allowed to remain to provide a 20' driveway with 5' unpaved shoulders in the 30' easement area to provide access to the property at 3770 Shoreline Drive; and to provide a 3:1 slope from the driveway to the wetland. This driveway shall be removed at the time the easement is vacated. 1 B. The subdivider shall further comply with applicable requirements of the MCWD, DNR, and Army Corps of Engineers for wetland restoration on the subject property. Construction Plans and Approval Thereof. The Subdivider has engaged at Subdivider's expense a Minnesota registered civil engineer to prepare detailed plans and specifications for the complete installation of all Plan A Improvements in accordance with City standards, including preparation of estimates, special contract provisions, preparation of proposal forms and designation and description of all necessary temporary and permanent easements. Such plans and specifications are based upon such engineering surveys, including such soil borings and material tests as were determined to be necessary by the City Engineer. Such plans have been submitted to the City and include the following: 1. "Construction Plans for Sewer, Water Main, Storm Sewer and Streets for Lake Minnetonka Woods, Orono, Minnesota" by Westwood Professional Services, Inc. dated 5/14/99, most recent revision date 7/29/99. "Grading, Drainage and Erosion Control Plan" by Westwood Professional Services, Inc. dated 4/9 99, most recent revision date 7/9/99. "Lighting Plan" by Westwood Professional Services, Inc. dated 7/9/99. The above plans are on file at the City Administrative Office, have been conditionally approved by the City Engineer in his letter dated August 9,1999, and are subject to final approval of the Public Ser\ ices Director prior to the start of construction of the Plan A Improvement. The Subdivider through his engineer shall provide for competent daily inspection of all Plan A Improvements, both public and private. Inspection report copies shall be provided by the Subdivider’s engineer to the City Engineer and Director of Public Services on a weekly basis. As-built drawings with service and valve ties on reproducible mylar and certifications by the Subdivider’s engineer of completion and compliance with specifications approved by the City shall also be delivered to the City in the form and content approved by the City and shall be approved by the City Engineer and Director of Public Services. 3. C. Construction of Plan A Improvements . D. (1) Complerion of Improvements . All Plan A Improvements shall be completed according to a schedule to be approved by the City Engineer. Approval of Contractors. Any contractor selected by the Subdivider to construct and install any Plan A Improvement must be determined in writing by the City Engineer and Director of Public Services to be acceptable. The City reserves the right to require satisfactcr>' proof of successful experience and adequate financial status of any such contractor. Where required by City ordinances, the contractor shall first obtain a license from the City. Pre-Construction Conference . Prior to any construction work on the Subdi\Tsion, the Subdivider, Subdivider's contractor and engineer, shall meet with the City Engineer to review the proposed work schedule. Construction . The construction, installation and materials shall be in accordance with the plans and specifications approved by the City Engineer. The Subdivider will cause the contractors to furnish the City Engineer with a schedule of proposed operations at least five (5) days prior to commencement of construction work. Supers ision . All of the plan work shall be under the sole superv ision and control of the Subdivider. (6) Review and approval bv the Citv. All of the Plan A work shall be subject 10 the review and approval of the City Engineer and, where appropriate any other governmental agency having jurisdiction. Insurance . The Subdivider will cause each person who constructs and installs any Plan A Improvements to furnish the City with the same evidence of complete insurance coverage (including Workmen's Compensation, liability and property damage) as is required on City contracted construction jobs as determined by the general specificauons now in use. Faithful Performance of Plan A Construction and Guarantee. The Subdivider will faithfully comply with all terms of any and all contracts entered into by d'e Subdivider for the installation and construction of all Plan A Improvements, public or private, and agrees to repair or replace, as directed 8 d by the City, and at Subdivider's sole cost and expense, any workmanship or materials that become defective, in the sole opinion of the City, within said one-year period provided notice thereof be given by the City within 30 days after said on-year period. Subdivider shall provide to the City a letter of credit to assure compliance with this provision as provided in paragraph 5 below. The City, through its engineer, shall provide for competent inspections of all Plan A Public Improvements consistent with standard City policies and practices for public improvement projects. The consulting City Engineer will be retained by the City for plan review and construction monitoring services for completion of both public and private improvements. T.ie purpose of the City Engineer construction monitoring services will be to verify that the competent construction inspection services provided by the Subdivider are adequate to ensure compliance with the plans and specifications. The City Engineer construction monitoring services shall not diminish the Subdivider's responsibility to provide competent construction inspection. The Subdivider shall be responsible for payment to the City for all engineering costs associated with completion of improvements of this project. 4. Plan B Improvements. A.Suhdividcr's Obligations. The City and Subdivider hereby agree that the City reserves the exclusive right to order the construction or installation of the Plan B improvements, Livingston Avenue extension. The Subdivider agrees to provide for completion of Plan B improvements, if so ordered by the City. B.General Procedures. Upon receipt of a ftitui’e plat application to develop the adjacent parcel, the City Council may at its sole discretion order the Plan B Improvements to be constructed. The Livingston Avenue ext.'*nsion is not being opened for a public street with the final plat for this Subd . ision. City Council approval of opening the roadway extension shall be required before ordering the Plan B Improvements. 5. Plan A Improvements Construction Security. A. f.gttcr of Credit. Subdivider will deposit with the City an irrevocable letter of credit in a form satisfactory to the City, providing that the City is able to draw upon such letter of credit in its sole discretion to complete the Plan A Improvements. The amounts required for letter of credit shall be determined by the City Engineer. Letter of credit shall be for 150% of the estimated costs for the improvements as estimated by the City Engineer. The City may authorize reduction of the amount of such letter of credit as completion of the Plan A Improvement progresses, based upon recommendations by the City Engineer and the City Engineer's estimate of the cost of completion of all remaining Plan A Improvements and so long as the amount of the letter of credit is not reduced to less than 50% of the cost of all amounts to be paid by Subdivider. Upon completion of all Plan A Improvements, and final acceptance or approval thereof by the City Engineer, and receipt of all appropriate lien waivers acknowledging complete payment for all labor and materials and services related thereto, the letter of credit shall be released with the exception of a 10% retainage. The retainage will be held for one (1) year from the completion of all improvements as a warranty and guarantee of the improvements. Final release of the retainage will not be made until expiration of the one (1) year period, and final acceptance and approval of all Plan A Improvements by the City Engineer, including a certification that no defective workmanship or materials are present and that any and all required repairs or replacements have been satisfactorily completed. 6. Plan B Improvements Construction Security . A.Payment. In the absence of the City ordering the Subdivider to construct the Plan B Improvements, the Subdivider will pay to the City an amount equal to 112% of the estimated costs, as determined by the City Engineer, for completion of the Plan B Improvements. If the City determines at any point in the future, that the Plan B Improvements are to be constructed, the City will bear any costs in excess of the 112% payment amount. 7. Services to he Performed bv City and Payment therefor A.Plan A Improvements. With respect to Plan A Public and Private Improvements, the City Engineer: (1) will approve plans prepared by the Subdivider's engineer as for lot layout, street and easement locations, proposed building service and curb cut locations and Site Grading Improvements. will review and approve the Subdivider's securing of all necessary permits. will make inspections for construction monitoring purposes consistent with standard City policies and practices for public i i 9. improvement projects of construction progress, methods and materials. (4) will make final job inspections. (5) will review and approve as-built drawings and service ties. B. Plan B Improvements. With respect to Plan B Improvements, the City: (1) will review and approve construction plans. (2) will review and approve the securing of all required permits. will make inspections for construction monitoring purposes consistent with standard City policies and practices for public improvement projects of construction progress, methods and materials. (4) will make final job inspections. (5) will review and approve as-built drawings and service ties. 8. Fcc.s and Expenses . The Subdivider agrees to pay all City fees required per the current City fee schedule and other City ordinances. Home Owners Association. Subdivider agrees that a Declaration of Covenants and Conditions, acceptable to the City, that regulates the use of the property through a Homeowners Association, will be placed in force upon recording of the final plat, and that each of the purchasers of the lots of the subdivision will be subject to the obligations and restrictions within that document. 10. Special Provisions. Subdivider agrees to all other special provisions and requirements as set forth below: A. Building Permits. (1) No building permits shall be issued until after final plat approval and recording. (2) Building permits for construction other than for model homes on any lot will not be issued until all public and private street improvements and public utility improvements have been completed and approved in writing by the City Engineer. The model homes shall not be available for viewing until the paved roads are in place. (3) Building permits for model homes to be located in the building closest to Livingston Avenue shall be issued after final plat approval. Certificates of Occupancy. No certificates of occupancy will be issued for any dwelling until the sanitary sewer and water main services to the dwelling are also completed and ready for use. Signage for Model Homes. Model home signage and promotion, if any, shall be limited to typical residential "for-sale” signs unless special approval is first obtained from the City Council, and a temporary certificate of occupancy must be issued for model home purposes. 11. Resolutions of City. The Subdivider agrees to be bound by the provisions set forth in the resolution of the City Council approving the preliminary plat of this Subdivision, attached to this agreement as Exhibit B, and by the Resolution of the City Council approving the final plat of this Subdivision and the resolution of the City granting a conditional use permit for the Subdivision as a planned residential development. 12. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the subdivision and shall be deemed covenants running with the land and shall be enforceable by the City against the Subdivider, its successors and assigns and against the home owners association required by paragraph 10 of this agreement. References herein to Subdivider, if there be more than one, shall mean each and all of them. This agreement, or a short form thereof to be executed by the Subdivider, at the option of the City shall be placed of record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Subdivision and all recording fees, if any, shall be paid by the Subdivider. 13. Notices. Whenever in this agreement it shall be required nr permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States certified mail (return receipt requested) to the addresses set forth on Exhibit O. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. 14. Release of Security . Upon performance satisfactory to the City by the Subdivider of the terms of this agreement, excluding the expiration of any guaranty or warranty period herein and the performance by Subdivider of Subdivider's obligations herein with respect to any such guaranty of warranty, the City will release to the Subdivider cash deposited in escrow in accordance with this agreement or, in case of performance bond or letter of credit shall release such investment in a form satisfactory to the Subdi%ider. 15. Incorporatiftn hv Reference. All plans, special provisions, proposal, specifications and contracts for the Improvements furnished and let pursuant to this agreement shall be and hereby are made a part of this agreement by reference as fully as if set out herein in full. 16. Release to be Filed in the Chain of Title. Upon performance by the Subdivider of the terms of this agreement, excluding the expiration of any guaranty or warranty period, the City will at Subdivider ’s request, provide to the Subdivider for filing a resolution satisfactory' to the Subdivider of his performance of this agreement in accordance with its terms. A. Disclaimer bv Citv . It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to Subdivider, or Subdivider's contractors, subcontractors, materialmen, laborers or any other persons, firm or corporation, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of tiie execution of this agreement cr the performance and compiction of the Improvements. B. Hnid Harmless and Indemnification . Th?! Subdivider shall indemnify and hold harmless the City, the City Council, and the agents and employees of the City from and against all claims, damages, losses or expenses, including attorney fees, which the City, City Council and agents and employees of the City may suffer or for which it may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of this agreement by the Subdividcr, its employees, agents or subcontractors, whether or not caused in part by a party indemnified hereunder. 17.Remedy for Default. Default by the Subdivider of any of the terms of this agreement shall automatically result in the suspension or withholding of all permits, licenses occupancy certificates or other authorizations issued by the City in connection with the property included in this Subdivision. The remedies afforded to the City under this section shall be in addition to any other remedies to which the City may be entitled by law or other agreement. IN WITNESS WHEREOF, the City and Subdivider have caused this agreement to be duly executed on the day and year first above written. SUBDIVIDER TONKA VENTURES, LLC CITY OF ORONO Its Mayor Its City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this__^day of 1999, 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 i 1 STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ss. ) On this day of , 1999 before me a Notary Public within and for said county, personally appeared Joel Buttenhoff, the Chief Manager of Tonka Ventures, LLC, a Minnesota limited liability company, on behalf of said limited liability company. NOTARY PUBLIC t i This document drafted by; City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (612) 249-4600 f J Exhibit A Exhibit B Exhibit C Exhibit D Legal Description Preliminary Plat Approval Resolution Wallace Case memo of 2/26/99 Notification Addresses * •• ClTYof ORONO RESOLUTION OF THE CITY COUNCIL NO.■4 2 0 A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A PRELIMINARY PLAT AND 29 UNIT (TOWNHOMES) PLANNED RESIDENTIAL DEVELOPMENT AT 3700-3760 SHORELINE DRIVE FOR BROOK PARK REALTY - FILE NO. 2308 WHEREAS, Brook Park Realty, LLP, the applicant and l onka Venture, LLC, the owner, (hereinafter the "subdivider") on September 15, 1997, fil^d a formal subdivision application with the City for approval of a 30 unit Planned Residential Development of property legally described as: Lots 2 and 3, Block 9, Townslte of Langdon Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono's Zoning and Subdivision Codes, the Orono Planning Commission held public hearings on October 19, 1997 and November 17, 1997, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on December 8, 1997, the Orono City Council considered the subdivision application of Brook Park Realty noting the following findings of fact: 1.The property is located in the LR-lC-1, One Family Lakeshore Residential Zoning District. 2.The property contains 432,666 sq. ft. or 9.9 total acres, of which 98,970 sq. ft. or 2.2 acres are wet and 333,696.1 sq. ft. or 7.7 acres are dry. The amount of land dedicated to roads is 1.1 acres. At the time of application. Section 10.55, Subdivision 15, provided for residential properties served by municipal sanitary sewer a limited density credit as part of the minimum lot area for purposes of complying with the land use Page 1 of 12 ■units CITYof ORONO 3. RESOLUTION OF THE CITY COUNCIL NO. '4 S 4 0 _ density of the zoning requirements. The owner or developer may be credited with an amount of land within the Flood Fringe District, equal to, but not exceeding the amount of adjacent land. Such credit shall be conditioned upon dedication of perpetual open space and flowage easements to the City over all protected areas so utilized for density credit. At the time of application, the LR-lC-1 zoning district provided a credit to increase by 50% the density, subject to compliance with the following criteria: A. All provisions of the Planned Residential Development are met (Section 10.32). B. Public sanitary sewer is available. C.All dwelling units are attached but not more than 4 (four) units allowed per structure. D. The maximum height shall not exceed 30 (thirty) feet. E. No more than 35% of the zoning lot is hardcover. F. A minimum of 2 (two) parking spaces are provided for each dwelling unit. At least one parking space shall be enclosed and attached to the • • f _ ^ •.principal structure it serves. The planned residential development proposal includes the following setbacks: A. A 15' front yard setback from Livingston Avenue where 30' is required. B A 22' front yard setback from the private drive serving Blocks 3 and 4 where 30' is required. C. A 35' rear yard setback from the railrc/^d right-of-way where 55' is required per Section 11.33, Design Standards, Subdivision 2 (A). D. A 30' side yard setback from the east property line where 10' is required. Page 2 of 12 4 • • • m CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 ^ ^ E. A 15* setback from the east property line for the hammeihead at the end of the private drive where Section 11.32, Subdivision 2, On Site Roadways, (H) (2) requires the terminus of a permanent dead-end street to be 50' from a boundary line. 5. The planned residential development proposes 29 townhome units as follows: Block 1, Lots 1-12 Block 2, Lots 1-7 Block 3, Lots 1-3 Block 4, Lots 1-7 Blocks 1 and 2 shall have access from Livingston Avenue as shown on p. 4 of the preliminary plat dated 9-25-97, most revised date February 4, 1999, as prepared by Westwood Professional Services, Inc. 6. The proposed plat includes a 50 ’ public right-of-way to extend Livingston Avenue. The minimum paved width shall be 32', in accordance with the residential public street standards as set forth in Section 11.32, Subd. 4. The pubbe right-of-way extends to the west property line. The paved street will only be constructed to a point that is 570 feet east of the west property line. The public right-of-way shall only be opened for public travel to the end of the street construction. Opening the remainder of the public right-of-way to the west property line will require City Council approval. 7. The proposed plat includes a 30' private road right-of-way platted as Outlot C to serve Block 3, Lots 1-3, and Block 4, Lots 1-7. Within the 30' outlot, the minimum paved width is 22 ’ where Section 11.32, Subd. 4, requfres a private street with over 10 units to provide a 50' right-of-way and a minimum paved width of 28 ’. The reduction in the required paved width, from 28 ’ to 22' is to preserve mature trees in Outlot B. 8. The subject property is deciduous woodland with large oak, sugar maple and American basswood trees. The planned residential development is designed to maximize preservation of mature trees. Page 3 of 12 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. ~ ~ ____ 9. The subject property contains two isolated wetlands. The larger wetland at the south end of the parcel is a designated Department of Natural Resources Protected Wetland (Type 3 shallow marsh PEMIF) and is subject to Department of Natural Resources regulations below the Ordinary High Water Level (OHWL). The northwest comer of the property is a Type 7 wooded swamp (PFOSC). 10. The filling of the wetlands on the property has gradually occurred during the last twenty years. A. The subdivider has indicated that he intends to provide the adjacent property an easement for a driveway over a strip of land parallel to the west property line from CSAH 15 (Shoreline Drive). The land area to be included in the easement agreement was also used to calculate tns total lot area and density. B. The Department of Natural Resources (DNR), the Mirmehaha Creek Watershed District (MCWD), and the Army Corps of Engineers have regulations related to filling and restoring wetlands. 11. Concurrent with the subdivision application, the subdivider has also submitted an application for a Planned Residential Development for a 29 unit townhome development; and WHEREAS, the applicant claimed that the City erred and sued in District Court for compliance with Mnnesota Statutes 15.99, requiring action on an application within sbrty (60) days unless the City extends the review period in writing; and WHEREAS, an order by Judge Charles Porter, Jr., Fourth District Court has required the City to approve a preliminary plat and planned residential development v;ithout the ability to work with the applicant to address concerns such as the need for a second access onto County Road 15; and WHEREAS, the City has considered its right to appeal from the judgment of Judge Porter and will agree to waive its rights if an appropriate settlement of this matter can be reached; and Page 4 of 12 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO.V. v: if NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat and planned residential development for Brook Park Realty/Tonka Venture for the property heated at 3700-3760 Shoreline Drive per the plans dated 9-25-97 and most revised on February 4, 1999 by Westwood Professional Services, Inc., for a 29 unit townhome development, subject to the following conditions: 1. 2. 3. 5. This approval is contingent on settlement of the litigation referenced above. This approval shall not be effective unless and until the applicant/subdivider enters into a binding settlement agreement acceptable to the City and its attorney. The Department of Natural Resources (DNR) shall be asked to determine the Ordinary High Water Level (OHWL) of Basin 27-914W. The proposed roadway will need to be realigned if any portion encroaches below the OHWL. A formal wetland delineation shall be conducted to determine the extent of the Wetland Conservation Act (WCA) wetland i. Sanitary sewer and water main designs shall be provided with the final plat set to be reviewed by the City Engineer. Service locations shall be shown on the final plans with sanitary services located 3' downstream from water services. Sanitary sewer and water flow capacities meet all requirements. The drainage area map shall include the boundary for flows to the northerly wetland and CB55 to verify that the proposed 12-inch RCP under Livingston Avenue is adequate. The City Engineer shall review and approve pipe grades, erosion control measures, pond outlot controls and weir design. The proposed radius of Livingston Avenue shall be 150' uistead of the required 275' (30 mph deagn) to allow the proposed street to be aligned to the north side and around the west side of five very large, significant oaks and maples. Reduced speed signage will be required. Page 5 of 12 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 2 4 0 6.The subdivider shall provide typical street sections for Livingston Avenue and the private drive. A geotechnical analysis and R-value shall be submitted for review and approved by the City Engineer to verify the proposed pavement design. Final plat set to indicate the construction of a 32' wide bituminous paved public road with concrete curb and gutter and storm sewers from the end of the existing developed Livingston Avenue west along the 50 foot wide dedicated public right-of-way for a distance of 570 feet. A 40 foot radius cul-de-sac shall be constructed at the west end of the northern set of buildings. The subdivider shall plat a 30' private road outlot within which the subdivider shall construct a 22' wide paved driveway from Livingston Avenue, a public road, as extended, to serve Blocks 3 and 4. A hammerhead design turnaround shall be constructed at the end of the private driveway. Maintenance of the private road/driveway shall be per the terms of a private road/driveway maintenance covenant and shall be the responsibility of the subdivider/homeowner's association. The public road and private road/driveway shall be constructed at the sole expense of the subdivider. The subdivider shall provide a financial guarantee in a form acceptable to the City for the construction of the remainder of the public street to the west property line. This road extension to the west property line shall be constructed at the subdivider’s expense if and when the adjacent property to the west is redeveloped with an additional access to County Road 15. It is the City's intent with this provision that Livingston Avenue may be extended to the west property line and through the property to the west (17-117- 23 34 0003) of the subject site only if it will coimect to CSAH 15 (Shoreline Drive) to provide access to County Road 15 to reduce the traffic impact on the properties to the cast of this development. Extension of this street will require City Council approval to open the right-of-way for public travel. Page 6 of 12 m CITY of ORONORESOLUTION OF THE CITY COUNCIL2 4 0 7. 8. 9. 12. 13. The subdivider shall dedicate drainage easements over the wetlands, ponding area, and the portion of the storm sewer which is located outside of the nght-ot- way. The subdivider shall grant flowage and conservation easements over all designated wetlands. The subdivider shaU dedicate an additional T of right-of-way along CS^ 15 (Shoreline Drive) for a total of 40' from the centerline. This wea wU be used to accommodate utiUties, snow storage, signage, pedestnan/bike trail or other public uses. The subdivider wUl obtain appropriate permits from Hennepin County pnor to construction within the County right-of-way. All areas withm the County nght- of-way disturbed during construction will be restored. The subdivider shall protect all trees and wooded areas that are to be P^senr®d by fencing at the drip line prior to commencing constiucUon. 5^°*^ managerneni and arborist practices shall be observed to minimize the potential for infection and spread of oak wilt. The subdivider shall configure and construct the stormwater management pond as a natural feature. The perimeter of the pond shall be treated as a ^aturd edge and planted with appropriate native grasses, deciduous trees and shrub masses. The subdivider shall minimize grading impacts on the site. Low, cu^«^ retaining walls shall be used to lessen grad'mg impacts to preserve natur features. The retaining walls shall be constructed of a pennanent matenal tha. blends with the natural setting. Timber walls shall not be allowed. The subdivider shall submit an internal walkway layout that is compatible wth the wooded area. Trail connections constructed of an all-weaAer s^ be provided between Block 2 «>d 3 md Block 2 and 4 shall follow the easting trail alignments. A pav^ 8 ti^ linlmge fro project area to CSAH 15 (Shoreline Drive) shaU be proaded. The trail plan shall be reviewed and approved by the Public Services Director. CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. ^ H 4 0. 14. 15. 16. 17. 18. 19. 20. The subdivider shall provide a lighting plan io be reviewed and approved by the City Council.; The subdivider shall provide a signage plan for entry signs and monuments prior to construction, subject to review and approval by the Public Services Director. The subdivider shall provide a plan for mailbox location and treatment to be reviewed and approved by the Public Services Director. The subdivider shall submit a landscaping plan after tree removal, grading and rough framing have been completed in order to evaluate the site conditions and determine the need for more landscaping and screening. The landscape plan shall be reviewed by the City's consultant and reviewed and approved by the City Council prior to certificate of occupancy being issued. The landscape plan shall meet generally accepted standards for landscaping of a development such as the one proposed. The subdivider shall identify all junk, debris, or hazardous materials on the site and document, remove and dispose of the materials in accordance with all applicable rules, guidelines and laws. No cut trees, timber, debris, earth, rock, stones, soil, junk, rubbish, or other waste materials of any kind shall be buried in any land, or left or deposited on any lot or street at the time of the issuance of a certificate of occupancy. The subdivider is hereby advised that preliminary subdivision approval will expire witWn one year of the date of Council approval, February 22, 2000.. If the subdivider Ms to complete the final plat within one year, a new application will be required. Subdivider is hereby advised that the City cannot grant final plat approval until a permit from the Minnehaha Creek Watershed District has been approved for all grading and drainage improvements on the property. Page 8 of 12 GlTYofORONO RESOLUTION OF THE CITY COUNCIL NO. 4 D - ■ 21. The subdivider shall restore the wetland, identified as Basin B, Type 3 shallow marsh PEMIF. A minimal amount of fill shall be allowed to remain to provide a 20' driveway with 5' unpaved shoulders in the 30' easement area to provide access to the property at 3770 Shoreline Drive; and to provide a 3:1 slope firom the driveway to the wetland. This driveway shall be removed at the time the easement is vacated. The subdivider shall further comply with applicable requirements of the MCWD, DNR, and Army Corps of Engineers for wetland restoration on the subject property. The following list of final submittals must be submitted to the Zoning Administrator 30 days prior to the regularly scheduled Council meetings. Required submittals are as follows: 1.Record plat drawings in the form of two (2) mylar copies (one copy for the City's records and one for filing with Hennepin County) and one (1) copy reduced to 1" = 200'. Drawing to include: A. Lot lines platted per preliminary survey by Westwood Engineering, Inc. dated September 25, 1997, most revised date February 4, 1999. B C. E. Dedication of "drainage and utility easements" 10' wide along the exterior boundaries of property. Dedication of 7' of right-of-way to Hennepin County along CSAH 15 (Shoreline Drive). Dedication and designation of drainage easements over the stormwater pond. Outlot with underlying roadway, trail, drainage and utilities easement for Livingston Avenue’exter^on at 50' width to west property line. F. Naming of plat. 2. Legal documents required: Page 9 of 12 tf-'l CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 ^ 4 U____ 3. 4. 5. 6. 7. 8. 9. Title opinion addressed to the City. All owners, moitgage holders or others with property interest indicated therein shall sign the plat and all other documents aflfected by such interest. B The applicant to provide certified copies of all recorded easements currently affecting the property. C.All other legal documents required for platting in accordance with Minnesota Statutes 515. Signed and executed drainage and utility easements. Signed and executed developer ’s agreement and letter of credit for required site improvements and construction of roads and driveway. Signed and executed declaration of private road/driveway agreement and drainage facilities maintenance covenants. Covenants shall also specify the relationship of ownership. Signed and executed flowage and conservation easements. Declaration of restrictive covenants for aesthetic and operational constraints for the development, including removal of additional trees or woods, prohibiting outdoor and recreational vehicles, accessory structures, use of shared commons, and limiting the number and size of vehicles parked in the driveways on an ongoing basis. Signed and executed covenants for open space for Outlots A and B. Signed and executed copy of the Homeowner's Association agreement. 10. Fees to be paid: Total due: S72.626.00 Final plat fee = $200.00 B. Legal review and filing fees for subdivision and associated documents $200.00 Page 10 of 12 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4240 C. Park dedication fee = 8% of $238,000.00 = $19,064.00 D.Sewer and water charges; Sewer: $51,377 Water: 1,785 Total $53,162 Adopted by the City Council of the City of Orono, NCnnesota at a regular meeting held this 22nd day of February, 1999. ATTEST: Gabrielyabbour, Mayor \ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of February, 1999, by Gabriel Jabbour & Linda S. Vce, 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 11 of 12 Ui CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 2 4s) STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ss. ) On this day of before me a Notary PuDUc witmn ana for said county, personally appeared4<of. l/.«r Pr/«v rfP>rf*iC^rll LLP known to me to be the person(s) described in and who executed the .foregoing instrument,and acknowledged that he (they) execut_e^the.same as his (their) free act and deed. .199^ before me a Notary Public within and CAP.OLE A. HASESv’AMrssgsssr*K\ • KWCcrr.ir.!'»lcn6^!r?sJ6n.31.2CC0 V' STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Cv7 flJr^! ■ Notary Public On this day of i,tan'll______, 19^ before me a Notary Public within and for said county, personally appealed Jr^e!)lfuivrc .LLO,-------- known to me to be the person(s) descnbed in and who executed the foregoing instrument, and acknowMg^ that he (they) executed the same as his (their) free act and deed I; notary pubuc -minnesota K // / L K0WEPIN COUNTY ft V J ' S NotaqrPubUo STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) 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 i I A-* Page 12 of 12 6.10 acceleration, during the sbc months immediately preceding the first day following the end of the Owner's period of redemption. Voluntary Conveyances; Statement of Assessments. In a voluntary conveyance of a Unit, the buyer shall not be personally liable for any unpaid assessments and other charges made by the Association against the seller or the seller's Unit prior to the time of conveyance to the buyer, unless expressly assumed by the buyer. However, the lien of such assessments shall remain against the Unit until satisfied. Any seller or buyer shall be entitled to a statement, in recordable form, from the Association setting forth the amount of the unpaid assessments against the Unit, including all assessments payable in the Association's current fiscal year, which statement shall be binding on the Association, seller and buyer. All Owners and Occupants, and all secured parties, by their acceptance or assertion of an interest in the Property, or by their occupancy of a Unit, covenant and agree that, in addition to any other restrictions which may be imposed by the Act or the Governing Documents, the occupancy, use, operation, alienation and conveyance of the Property shall be subject to the following restrictions: 7.1 7.2 7.3 General . The Property shall be owned, conveyed, encumbered, leased, used and occupied subject to the Governing Documents and the Act, as amended from time to time. All covenants, restrictions and obligations set forth in the Governing Documents are in furtherance of a plan for the Property, and shall run with the Property and be a burden and benefit to all Owners and Occupants and to any other Person acquiring or owning an interest in the Property, their heirs, personal representatives, successors and assigns. Subdivision Prohibited. Except as permitted by the Act, no Unit nor any part of the Common Elements may be subdivided or partitioned without the prior written approval of all Owners and all secured parties holding first mortgages on the Units. Residential Use. The Units shall be used by Owners and Occupants and their guests exclusively as private, single-family residential dwellings, and not for transient, hotel, commercial, business or other non-resideniial purposes, except as provided in Section 7.4. Any lease of a Unit (except for occupancy by guests with the consent of the Owner) for a period of less than seven (7) days, or any occupancy which includes services customarily furnished to hotel guests, shall be presumed to be for transient . purposes. 7.4 7.5 7.6 7.7 7.8 7.9 Business Use Restricted. No business, trade, occupation or profession of any kind, whether carried on for profit or otherwise, shall be conducted, maintained or permitted in any Unit or the Common Elements; except (i) an Owner or Occupant residing in a Unit may keep and maintain his or her business or professional records in such Unit and handle matters relating to such business by telephone or correspondence therefrom, provided that such uses are incidental to the residential use, do not involve physical alteration of the Unit and do not involve any observable business activity such as signs, advertising displays, bulk mailings, deliveries, or visitation or use of the Unit by customers or employees and (ii) the Association may maintain offices on the Property for management and related purposes. Leasing. Leasing of the Units shall be allowed, subject to reasonable regulation by the Association, and subject to the following conditions; (i) that no Unit shall be leased for transient or hotel purposes, (ii) that no Unit may be subleased, (iii) that all leases shall be in writing, and (iv) that all leases shall provide that they are subordinate and subject to the provisions of the Governing Documents, the Rules and Regulations and the Act, and that any failure of the lessee to comply with the terms of such documents shall be a default under the lease. The Association may impose such reasonable Rules and Regulations as may be necessary to implement procedures for the leasing of Units, consistent with this Section. Parking. Garages and parking areas on the Property shall be used only for parking of vehicles owned or leased by Owners and Occupants and their guests, and such other incidental uses as may be authorized in writing by the Association. The use of garages, driveways and other parking areas on the Property, and the types of vehicles and personal property permitted thereon, shall be subject to regulation by the Association, including without limitation the right of the Association to tow illegally parked vehicles or to remove unauthorized personal property. Animals. No,animal may be bred, or kept or maintained for business or commercial purposes, anywhere on die Property. However, the Board shall have the exclusive authority to prohibit, or to allow and regulate, by Rules and Regulations, the keeping of animals on the Property. The word "animal" shall be construed in its broadest sense and shall include all living creatures except humans. Restrictions on Use of Ponding Areas. The Association shall have the right to control and restrict the utilization of ponding areas by Owners, their families, guests and invitees and shall be entitled to enact and enforce rules and regulations in connection therewith; provided, however, no use of ponding areas shall be authorized or permitted by the Association in violation of the City of Orono Municipal Code. Restrictions on Use of Private Drive. Use of the Private Drive shall be subject to the following conditions; (i) no Owner shall obstruct or interfere whatsoever with the rights and privileges of other Owners in the Private Drive and, except for maintenance of the Private Drive, nothing shall be planted, altered, constructed upon or removed from the Private Drive; (ii) no Owner shall obstruct cr interfere with the passage of any school bus or emergency vehicle over or across the Private Drive; (iii) no vehicles shall be parked in the Private Drive for a continuous period of time greater than 24 hours; and (iv) no vehicular repair or maintenance may be conducted in the Private Drive. 7.10 7.11 7.12 7.13 7.14 Quiet Enjoyment; Interference Prohibited. All Owners and Occupants and their guests shall have a right of quiet enjoyment in their respective Units, and shall use the Property in such a manner as will not cause a nuisance, nor unduly restrict, interfere with or impede the use of the Property by other Owners and Occupants and their guests. Compliance with Law . No use shall be made of the Property which would violate any then existing municipal codes or ordinances, or state or federal laws, nor shaU any act or use be permitted which could cause waste to the Property, cause a material increase in insurance rates on the Property, or otherwise cause any unusual liability, health or safety risk, or expense, for the Association or any Owner or Occupant. Alterations . Except for those made by Declarant in consideration of its initial sale of a Unit, no alterations, changes, improvements, repairs or replacements of any type, temporary or permanent, structural, aesthetic or otherwise (collectively referred to as "alterations") shall be made, or caused or allowed to be made, by any Owner or Occupant, or their guest#, in any part of the Conunon Elements, or in any part of the Unit which affects the Common Elements or which is visible from the exterior of the Unit, without the prior written authorization of the Board, or a committee appointed by it, as provided in Section 8. The Board, or the appointed committee if so authorized by the Board, shall have authority to establish reasonable criteria and requirements for alterations, and shall be the sole judge of whether the criteria are satisfied. Time Shares Prohibited. The time share form of ownership, or any comparable form of lease, occupancy rights or ownership which has the effect of dividing the ownership or occupancy of a Unit into separate time periods, is prohibited. Access to Units. In case of emergency, all Units and Limited Common Elements are subject to entry, without notice and at any time, by an officer or member of the Board of the Association, by the Association's management agents or by any public safety personnel. Entry is also authorized for maintenance purposes under Section 9 and for enforcement purposes under Section 16. ► SECTION 8 ARCHITECTURAL CONTROL Rp.;trirt»nnson iterations. The following restrictions and requirements shall apply to alterations or. die Property: a Except as expressly provided in this Section 8. and except for alterations made by Declaim in consideration of its initial sale of a Umt, no structure, building, addition, deck, patio, fence, wall, enclosure, window, exterior door sign display, decoration, color change, shrubbery, material landscaping change, nor any other exterior improvements to or alteration of ^y Dwelling or any other part of a Unit which is visible from the exterior of the Unit (collectively referred to as "alterations"), shall be co^enced, erected or maintained in a Unit, unless and until the plans and specificatioi^ showing ^ nature, kind, shape, height, color, materials and locations of the alterations shall have been approved in writing by the Beard of Directors or a committee appointed by it. Notwithstanding the foregoing. Declarant s written consent shall also be required for alterations until Declarant no longer owns any unsold Unit. b. The criteria for approval shall include and require, at a imnimum. (0 substantial uniformity of color, size, location, type and design m ion existing improvements and topography, (ii) comparable or better qu ly materials as used in existing improvements, (iii) ease of mamtenance ^d repair, Civ) adequate protection of the Property, the Association. Owners ^d oLupana from liability and liens arising out of the proposed alterations, and (V) compliance with governmental laws, codes and regulations. c. Approval of alterations which encroach upon another Unit or the Coi^on Element shall create an appurtenant easement for such encroachmen of the Unit with respect to which the alterations are approved; ^ any easement for a deck or patio other than as originally approved by resolution of the Board of Directors and a file of such resolutions shall be maintained permanently as a part of the Association s records. d. Alterations described in Section 18 shall be governed by that Section. Procedures. The following procedures shall govern requests for alterations under this Section; a Detailed plans, specifications and related information regarding any alterafion in for^ and content acceptable to the Board of Directors. shaU be b. submitted to the Board of Directors at least sbcty (60) days prior to the projected commencement of construction. No alterations shall be commenced prior to approval. The Board of Directors shall give the Owner written notice of approval or disapproval. If the Board of Directors fails to approve or disapprove within sixty (60) days after receipt of said plans and specifications and all other information requested by the Board of Directors, then approval will not be required, and this Section shall be deemed to have been fully complied with so long as the alterations are done in accordance with the plans, specifications and related information which were submitted. 8.3 9.1 c. If no request for approval is submitted, approval is denied, unless (i) the alterations are reasonably visible and (ii) no written notice of the violation has been given to the Owner in whose Unit the alterations are made, by the Association or another Owner, within six months following the date of completion of the alterations. Notice may be direct wrinen notice or the commencement of legal action by the Association or an Owner. The Owner of the Unit in which the alterations are made shall have the burden of proof, by clear and convincing evidence, that the alterations were completed and reasonably visible for at least six months following completion and that the notice was not given. Remedies for Violations . The Association may undertake any measures, legal or administrative, to enforce compliance with this Section and shall be entitled to recover from the owner causing or permitting the violation all attorneys' fees and costs of enforcement, whether or not a legal action is started. Such attorneys' fees and costs shall be a lien against the Owner's Unit and a personal obligation of the Owner. In addition, the Association shall have the right to enter the Owner's Unit and to restore any part of the Dwelling or Unit to its prior condition if any alterations were made in violation of this Section, and the cost of such restoration shall be a personal obligation of the Owner and a lien against the Owner's Unit. Maintenance bv Association . The Association shall provide for all maintenance, repair or replacement (collectively referrid to as "maintenance") of the Common Elements. In addition, for the purpose of preserving the architectural character, quality, and uniform and high standards for appearance of the Property, the Association shall (i) provide for exterior maintenance upon the Dwelling in each Unit that is subject to assessment as follows: paint and replace roofs, gutters, downspouts. 9.2 9.3 9.4 decks, garage doors (except hardware), and exterior siding and other building surfaces, and (ii) provide for lawn, shrub and tree maintenance on all Units; (iii) provide for snow removal from driveways, walkways and parking areas for all Units. The Association's obligation to maintain exterior building surfaces shall exclude patios, entry doors, door hardware, air conditioning equipment, glass and window fra.mes, and any other items not specifically referred to in this Section, unless otherwise approved under Section 9.3. The Association shall have easements as described in Section 13 to perform its obligations under this Section 9. Maintenance of Ponding Areas. The Association shall maintain any ponding areas upon the Property as located and shown on the final development plans and the plat on file with the City of Orono. Maintenance of the ponding areas shall be in accordance with the City of Orono Municipal Code. The cost of such maintenance shall be assessed pro-rata against all Units on the Property in accordance with Section 6 of this Declaration. In the event the City determines that the ponding areas are not being properly maintained, after due notice to the Association as provided in Section 16.4 of this Declaration, the City may undertake the required maintenance and assess the cost of such maintenance to die Association or the Units as provided in Section 16.6 of this Declaration. Maintenance of Private Drive. Outlot A, Lake Minnetonka Woods, a Common Element, shall be maintained by the Association as a Private Drive. Maintenance shall include construction, reconstruction, resurfacing, snow removal, sanding and salting, as necessary, lighting, striping and curbing as the Owners shall determine necessary; provided, however, that all maintenance shall be conducted in compliance with all applicable provisions of the City of Orono Municipal Code (the "Code"). Declarant shall be responsible, at its expense, for initial construction of the Private Drive, which shall in all respects conform to the requirements of the City of Orono. All future maintenance shall be conducted by the Owners or their contractors, at Owners’ expense. The cost of such maintenance shall be assessed pro-rata against all Units on the Property in accordance with Section 6 of this Declaration. In the event the City determines that the Private Drive is not being properly maintained, after due notice to the Association as provided in Section 16.4 of this Declaration, the City can undertake the required maintenance and access the cost of such maintenance to the Association or the Units as provided in Section 16.6 of this Declaration. Optional Maintenance bv Association. In addition to the maintenance described in this Section the Association may, with the approval of a majority of votes cast in person or by proxy at a meeting called for such purposes, undertake to provide additional exterior maintenance to the Units or Dwellings, or maintenance of water and sewer systems within the Units. 9.5 9.6 10.1 10.2 10.3 Maintenance bv Owiier. Except for the exterior maintenance required to be provided by the Association under Section 9.1 or 9.3, all maintenance of the Dwellings and Units shall be the sole responsibility and expense of the Owners thereof. However, the Owners and Occupants shall have a duty to promptly notify the Association of defects in or damage to those parts of the Property which the Association is obligated to maintain. The Association may require that any e.xterior maintenance to be performed by the Owner be accomplished pursuant to specific uniform criteria established by the Association. The Association may also undertake any exterior maintenance which the responsible Owner fails to or improperly performs and assess the Unit and the Owner for the cost thereof. Damage Caused bv Owner. Notwithstanding any provision to the contrary in this Section, if, in the judgment of the Association, the need for maintenance of any part of the Property is caused by the willful or negligent act or omission of an Owner or Occupant, or their guests, or by a condition in a Unit which the Owner or Occupant has willfully or negligently allowed to exist, the Association may cause such damage or condition to be repaired or corrected (and enter upon any Unit to do so), and the cost thereof may be assessed against the Unit of the Owner responsible for the damage. In the case of party walls between Dwellings, the Owners of the affected Dwellings shall be liable as provided in Section 10. SECTION 10 PARTY WALLS General Rules of Law to A dd Iv . Each wall built as part of the original construction of the Dwellings and located on the boundary line between Units shall constitute a party wall and, to the extent not inconsistent with the provisions of this Section, the general rules of law regarding party walls and liability for property damage due to negligent or willful acts or omissions shall apply thereto. Repair and Maintenance. The Owners of the Units which share the party wall shall be responsible for the maintenance, repair and replacement oi the party wall in proportion with their use; provided (i) that any maintenance, repair or replacement necessary due to the acts or omissions of a certain Owner or Occupant sharing such party wall shall be paid for by such Owner, and (ii) that the Association may contract for and supervise the repair of damage caused by an Owner or Occupant and assess the Owners for their respective shares of the cost to the extent not covered by insurance. Destruction bv Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has use of the wall may, with the consent of the Association, restore it, and the other Owner shall promptly reimburse the Owner who restored the wall for his or her share of the cost of restoration thereof; provided. SECTION 14 LITTER CONTROL Two clean-ups of litter and other non-natural material from the Common Elements and yard areas shall be conducted each year, once subsequent to the last snow melt in the spring and prior to May 15, and once between September 15 and November 1 in the fall. In addition, any fences, berms, plantings and improvements on Common Elements and yard areas shall be kept in good repair and condition, including painting of fences, if required, and proper watering and maintenance of plantings. SECTION 15 COMPLIANCE AND REMEDIES Each Owner and Occupant, and any other Person owning or acquiring ny interest in the Property, shall be governed by and comply with the provisions of the Act, me Governing Documents, the Rules and Regulations, the decisions of the Association, and such amendments thereto as may be made from time to time. A failure to comply shall entitle the Association to the relief set forth in this Section, in addition to the rights and remedies authorized elsewhere by the Governing Documents and the Act. 15.1 Entitlement to Relief. The Association may commence legal action to recover sums due, for damages, for injunctive relief or to foreclose a lien owned by it, or any combination thereof, or an action for any other relief authorized by the Governing Documents or available at law or in equity. Legal relief may be sought by the Association against any Owner, or by an Owner against the Association or another Owner, to enforce compliance with the Governing Documents, the Rules and Regulations, the Act or the decisions of the Association. However, no Owner may withhold any assessments payable to the Association, or take (or omit) other action in violation of the Governing Documents, the Rules and Regulations or the Act, as a measure to enforce such Owner's position, or for any other reason. 15.2 Sanctions and Remedies. In addition to any other remedies or sanctions, expressed or implied, administrative or legal, the Association shall have the right, but not the obligation, to implement any one or more of the following actions against Owners and Occupants and/or their guests, who violate the provisions of the Governing Documents, the Rules and Regulations or the Act: a. Commence legal action for damages or equitable relief in any court of competent jurisdiction. 15.7 16.1 16.2 16.3 16.4 16.5 16.6 Enforcement bv Owners. The provisions of this Section shall not limit or impair the independent rights of other Owners to enforce the provisions of the Governing Documents, the Rules and Regulations, and the Act as provided therein. SECTION 16 RIGHTS GRANTED TO THE CITY OF ORONO Purpose. The City of Orono has executed various agreements with and secured certain covenants from the Declarant and has a continuing interest in the performance of those agreements and covenants. Further, the City of Orono is concerned that all conditions requested by the City of Orono are complied with and that the Property is developed and maintained in accordance with the plan contemplated by this Declaration. Release of Liability. The Declarant, for itself, its successors and assigns and, by accepting a conveyance of a Unit, any Owner, for himself, his family and invitees, release and shall hold harmless the City of Orono (including its elected and appointed officials, employees, servants and agents) from all liability for enforcement or for nonenforcement of this Declaration, and further expressly acknowledge that the City of Orono is not obligated to perform or to enforce performance by the Declarant, the Association or others of any obligations contained in this Declaration. Specific Rights Enforceable bv the City of Orono. The City of Orono, at its option and in its sole discretion, may enforce for the benefit of itself the specific provisions of Sections 7, 8, 9 and 13 of this Declaration. Acquisition of Private Drive. In the event the City of Orono shall determine it to be in the public interest to utilize the Private Drive as a public street, the Association shall, after notice in accordance with applicable provisions of the City of Orono Municipal Code and laws of the State of Minnesota, convey its interest in ±e Private Drive to the City of Orono for no additional consideration therefore. Notice and Procedure. In the event the Declarant and/or the Association fail to perform any obligation referred to in Section 16.3, the City of Orono, after 10 days' written notice to the Declarant and/or the President or Secretary of the Association, perform such obligations (directly or with contract personnel or by personnel of the City of Orono). The Declarant, Association and all Owners hereby waive all notice requirements except as here’mabove provided and further waive all procedural and other objections to action taken by the City of Orono. Payment for Citv Maintenance. The Association, Declarant and Owners shall reimburse the City of Orono or its designee, on demand, for the costs of any Declarant, Association or Owner obligations undertaken by the City of Orono or its designee pursuant to this section. Such costs, including but not limited to reasonable attorneys' fees and costs and expenses incurred in connection with collection, shall be an obligation of each Owner enforceable in any way available to the city under law. 16.7 Right to Assess. In addition to the right of collection as stated in-Section 16.5, the City of Orono may, in any assessment year, levy against the Units an assessment for all costs and expenses incurred by the city or its designee pursuant to this section. The assessment shall be prorated among all Units and shall be enforceable by the city in the same manner as provided in Section 6 of this Declaration. 16.8 Exclusive Rights . The rights granted by this section are exclusive to the City of Orono and may be exercised only by the city, in its sole discretion. No other person or entity, including the Association, the Declarant or Owners, whether or not a resident of Orono, shall be entitled to request or require the city to act pursuant to this section. The rights of the City of Orono under this section cannot be rescinded, canceled or amended by the Declarant or the Owners without the written consent of the City. Declarant hereby reserves exclusive and unconditional authority to exercise the following special declarant rights within the meaning of Section 515B.1-103(31) of the Act for as long as it owns a Unit, or for such shorter period as may be specifically indicated: 17.1 Complete Improvements. To complete all the Units and other improvements indicated on the Plat, or otherwise included in Declarant's development plans or allowed by this Declaration, and to make alterations in the Units and Common Elements to accommodate its sales facilities. 17.2 Relocate Boundaries and Alter Units. To relocate boundaries between Units and to otherwise alter Units owned by it, to the extent permitted by Section 18.2. 17.3 Sales Facilities. To construct, operate and maintain a sales office, management otfice, model Units and other development, sales and rental facilities within the Common Elements and any Units owned by Declarant from time to time, located anywhere on the Property. 17.4 Signs . To erect and maintain signs and other sales displays offering the Units for sale or lease, in or on any Unit owned by Declarant and on the Common Elements. ■.1 1 17.5 17.6 17.7 Easements . To have and use easements for itself, its employees, contractors, representatives, agents and prospective purchasers through and over the Common Elements for the purpose of exercising its special declarant rights. Control of Association . To control the operation and administration of the Association, including without limitation the power to appoint and remove the members of the Board pursuant to Section 515B.3-103 of the Act, until the earliest of: (i) voluntary surrender of control by Declarant, (ii) an Association meeting which shall be held within 60 days after conveyance to Owners other than a Declarant of 75 % of the total number of Units authorized to be included in the Property or (iii) the date three (3) years following the date of the first conveyance of a Unit to an Owner other than a Declarant. N'twithstanding the foregoing, the Owners other than a Declarant shall have the right to nominate and elect not less than 33-1/3% of the directors at a meeting of the Owners which shall be held within 60 days following the conveyance by Declarant of 50% of the total number of Units authorized to be included in the Property. • % Consent to Certain Amendments. As long as Declarant owns any unsold Unit, Declarant's written consent shall be required for any amendment to the Governing Documents or Rules and Regulations which directly or indirectly affects or may affect Declarant's rights under the Governing Documents SECTION 18 RIGHTS TO ADD ADDITIONAL REAL ESTATE, RELOCATE UNIT BOUNDARIES 18.1 Declarant's Ri2hts to Add Additional Real Estate . Declarant has not reserved the right to add Additional Real Estate to the Property by unilateral action under Section 515B.2-lllofthe Act. 18.2 Rights to Relocate Boundaries and Alter Units. Existing or future Units may be altered and Unit boundaries may be relocated only in accordance with the following conditions. a.Combining Units. An Owner may make improvements or alterations to such Unit or, may, after acquiring an adjoining Unit, remove or alter any intervening partition or create apertures therein in accordance with Section 515B.2-113 of the Act and Subsection d of this Section. b.Relocation of Boundaries . The boundaries between adjoining Units may be relocated in accordance with Section 515B.2-114 of the Act and Subsection d of this Section. r c. d. Subdivision or Conversion . Additional Units may be created by the Declarant in the manner provided in Section 515B.2-112 of the Act by the subdivision or conversion of a Unit (within the meaning of the Act) into two or more Units, or into other Units, Common Elements or Limited Common Elements. Requirements. The alteration, relocation of boundaries or other modification of Units or the Dwellings or other structures located therein (collectively referred to herein as "alteration" or "alterations") pursuant to this Section, Section 8, and the Act may be accomplished only in accordance with the following conditions: (1) No Unit may be altered if thereafter the Dwelling located therein, or any other Dwelling affected by the alteration, would no longer be habitable or practicably usable for its intended purpose or would violate any law, code or ordinance of any governmental authority having jurisdiction over the Property. (2) No alteration may be made which adversely affects the structural or functional integrity of any building system or the structural support or weather-tight integrity of any portion of any building or other structure, (3) The prior written consent of the Association shall be required for any alteration, except alterations by Declarant. Where required, such consent shall be requested in writing by each Owner whose Unit is proposed to be altered, accompanied by such explanation, drawings and specifications relating to the proposed alterations as may be reasonably required by the Association or the fir.st mortgagee of the Unit. The Association shall give such Owner(s) notice in an expeditious manner, granting, denying or qualifying its consent. (4) As a precondition to consenting to alterations, the Association may require, among other things, the following: (i) that all alterations will be done in a workmanlike manner and without impairing the structural, mechanical or weather-tight integrity of the Building; (ii) that the Common Elements and altered Units will be repaired and/or restored in the future as required by the Association; (iii) that the construction of the alterations will not create dangerous conditions for any Owners or Occupants; (iv) that the Property, the first mortgagees and the Owners and Occupants will be protected from liens and other liability arising from the alterations; and (v) that the alterations will be done in compliance with the applicable laws, regulations and ordinances of the governmental authorities having jurisdiction over the Property. r The Association may require that the Owners of the Units to be altered pay all costs of processing and documentation for the request and the preparation and recording of any necessary amendment to the Governing Documents, including without limitation such costs as filing, architects and attorneys fees, incurred by ±e Association in connection with the alterations. This Declaration inaTTJli ailiiJlldetTBythe consent of (i) Owners of Units to which are allocated at least sixty-seven percent (67%) of the votes in the Association, (ii) the percentage of Eligible Mortgagees (based upon one vote per first mortgage owned) required by Section 20 as to matters prescribed by said Section and (iii) the consent of Declarant to certain amendments as provided in Section 17.7. Consent of the Owners may be obtained in writing or at a meeting of the Association duly held in accordance with the By-Laws. Consents of Eligible Mortgagees and the Declarant shall be in writing. Any amendment shall be subject to any greater requirements imposed by the Act. The Amendment shall be effective when recorded as provided in the Act. An affidavit by the Secretary of the Association as to the outcome of the vote, or the execution of the foregoing agreements or consents, shall be adequate evidence thereof for all purposes, including without limitation, the recording of the amendment. Notwithstanding the foregoing, no amendment to Section 16 of this Declaration shall be effective unless the City of Orono has specifically consented in writing to said Amendment. SECTION 20 RIGHTS OF ELIGIBLE MORTGAGEES Notwithstanding anything to the contrary in the Governing Documents, and subject to any greater requirements of the Act or other laws. Eligible Mortgagees shall have the following rights and protections: 20.1 Consent to Certain Amendments. The written consent of Eligible Mortgagees representing at least fifty-one percent (51%) of the Units that are subject to first mortgages held by Eligible Mortgagees (based upon one vote per first mortgage owned) shall be required for any amendment to the Governing Documents which causes any change in the following: (i) voting rights; (ii) assessments, assessment liens, or priority of assessment liens; (iii) reserves for maintenance, repair and replacement of Common Elements; (iv) responsibility for maintenance and repairs; (v) reallocation of interest in the Common Elements or Limited Common Elements, or rights to their use; (vi) redefinition of any Unit boundaries; (vii) convertibility of Units into Common Elements or vice versa; (viii) e.xpansion or contraction of the Property 1 LAKE MINNETONKA WOODS - PUNCHLIST Items incomplete or not received as of August 10.1999t / 2. / 3. Revised landscape plan Lighting plan. Mylars. Title opinion. Cmrent status as of 6:00 p.m. August 23.1999 (Received 8-13-99) (Received 8-11-99) (Received signed final version 8-23-99) (No title opinion possible due to lost abstract; original title commitment received in July; Chicago Title is ensuring the City's interests in this plat with a special title policy at applicant’s request; City Attorney will accept this in lieu of title opinion and has advised Chicago Title of acceptable format as of Friday 8-20-99; final document not received yet) y 5.Road, Trail, Drainage & Utility Easement (Received signed final copies 8-23-99) over Outlet B y 6.Flowage & Conservation Easement over wetland in Lot 13 Block 1 (Received signed final copies 8-23-99) y 7.Private Road/Driveway Declarations for Outlet A (Incorporated within subdivision declaration of covenants received 8-13-99) y 8.Sohns driveway easement (Received signed final copies 8-23-99) /» (£) Signed Amended Subdivider's Agreement (Original version signed 8-13-99; revised version incorporating additional City revisions mailed to Subdivider on 8-18-99; signed final copies received 8-23-99) Letter of Credit (Not received yet - Subdivider indicates as of this morning it will be approximately one additional week before L.O.C. is delivered)0 Payment of fees Total; $72,670 (Final plat S 200.) (Legal review/filing 200.) (Park dedication 19,064.) (Sewer & Water 53,162.) (No payment received yet) /12.Subdivision Declaration of Covenants, Etc. (Initial version received 8-13-99; City Attorney comments fa.\ed to Subdivider 8-18-99; final signed version received 8-23-99) COUWniL meeting REQUEST FOR COUNCIL ACTION AUG 2 3 1999 CITY OF OhONO DATE: 8/19/99 ITEM NO.: ^ Department Approval: Name Paul Weinberger Title Zoning Administrator/Planner Administrator Reviewed:Agenda Section: Zoning Item Description:#2518 George W. Stickney 250 and 340 Old Crystal Bay Road South Final Plat for an Eight (8) Lot Subdivision — Resolution Exhibits A B C D E F G Resolution approving Plat of Crystal Bay Preserve Orono Council Minutes - Preliminary Plat Approval (June 28, 1999) Developer's Agreement Private Roadway Naming Request Notice of Council Action — Preliminary Plat Approval (June 28, 1999) Resolution No. 4314 approving Preliminary Plat Staff Report dated June 25,1999 George Stickney received Preliminary Plat approval for Crystal Bay Preserve on June 28,1999 per Resolution No. 4314 for property located at 250 and 340 Old Crystal Bay Road South. The subdivider has completed the conditions of the Preliminary Plat and requests final subdivision approval for Crystal Bay Preserve and approval for the naming of the private road to be developed within Outlot A as Deer Run Trail East. Stormwater/Drainage/Grading Plan The main issue concerning the preliminary approval was the drainage through the culvert under the Luce Line Trail. The DNR has requested the Homeowners Association be responsible for maintenance of the culvert located over Lots 5 and 6 but not the culvert located within the Luce Line Trail right-of-way. The maintenance agreement for the culvert has been included within the Restrictive Covenants and Easements and responsibility is to the Owners of Lots 1,2,3,4,5,6, 7 and 8, Crystal Bay Preserve. The Minnehaha Creek Watershed District discussed the application with Mr. Stickney on August 12, 1999 and will approve the Grading, Drainage and Erosion Control plan on August 26, 1999. STAFF RECOMMENDATION J Staff is recommending approval of the attached resolution for Final Plat of Crystal Bay Preserve subject to a final Grading, Drainage & Erosion Control plan approval by the City Engineer and Minnehaha Creek Watershed District, and all documents noted in the Preliminary and Final Plat resolutions are in a format found acceptable to the City Attorney. All conditions must be met by the subdivider prior to releasing the plat for recording. COUNCIL ACTION REQUESTED To adopt or amend the enclosed resolution to approve the plat of Crystal Bay Preserve, and approval for the naming of the private road to be developed within Outlet A as Deer Run Trail East. A A RESOLUTION APPROVLNG THE PLAT OF CRYSTAL BAY PRESERVE FILE NO. 2518 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision of an eight (8) lot residential development by George W. Stickney on behalf of Mid-US Properties Limited Partnership (hereinafter "the subdivider"); and WHEREAS, the subdivision has been found to meet all standards of the RR-IB, Single Family Rural Residential Zoning District finding that each lot is of a size and configuration that would allow its use for a single family residence to be fully developed; and WHEREAS, the subdivider has completed or has agreed to complete all requirements of the platting regulations of the City, including: 1. 2. 3. 4. Completion of all the requirements of Resolution No. 4314, the resolution granting preliminary approval of the Class III subdivision. Dedication on the plat of standard perimeter drainage and utility easements. A variance is granted for width of Lots 3,4 and 5 which do not meet the 200 ’ width requirement for the RR-IB zoning district, and a variance to allow filling a small amount of wetland on property owned by the DNR to raise the Luce Line Trail. Designation and dedication of drainage easements over the stormwater pond and designated wetlands within the plat. Page 1 of 4 5. 6. 7. 8. 9. A Homeowners Association has been developed for ownership and maintenance of the private road to be located within Outlot A. The Homeowners Association shall also be responsible for maintenance of all stormwater facilities serving the subdivision, including the outlet structure within Lots 5 and 6. Subdivider has granted to the City an underlying Road and Utilities Easement for Outlot A. The MCWD has conditionally approved the grading and drainage improvements on this property and the wetland fill to accommodate the culvert under the Luce Line Trail to the south being reduced from 36" to 18". Creation of covenants for all lots for protection of drainfield sites, including protective language for alternate septic sites along with site plans locating both primary and alternative sites, and alerting future property owners of the need to protect sites on adjacent properties. Execution of a Subdivider’s Agreement providing for the installation of drainage and stormwater facilities required as a condition of subdivision approval, and posting of security to ensure that these required improvements are completed to the City's satisfaction, the design of said improvements subject to approval of the City Engineer. 10. Applicant has granted a 10' wide trail easement along the west boundary of the property. 11. Payment to the City for the final plat review fee and fee for legal review and filing of the plat, easements and covenants in the amount of $400.00. 12. Payment to the City for park dedication fees for the creation of six (6) new lots in the amount of $29,400. 13. The private road within Outlot A shall be known as Deer Run Trail East. Page 2 of 4 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Crystal Bay Preserve, Hennepin County, Minnesota, subject to the following conditions: 1. 2. 3. 4. 5. 6. 7. Prior to release of the plat for filing, applicant shall provide to the City permit for grading and erosion control from the Minnehaha Creek Watershed District. Applicant shall not proceed with any grading on the property prior to receiving a grading permit from the Minnehaha Creek Watershed District. All identified primary and alternate sewage system drainfield sites within the subdivision shall be fenced off prior to any land alterations, and such fencing shall remain in place until such time the individual lot is uevcloped. The stormwater improvements shall be constructed to City requirements, subject to the Developers Agreement executed between the City and the developer. Drainage and stormwater improvement construction can begin as soon as the final plans have been formally approved by the City Engineer and the Developers Agreement has been executed. No building permits shall be issued until the stormwater management improvements have been completed and road is constructed by the developer and approved by the City. Prior to City release of the plat for filing, applicant shall provide evidence of fee ownership of the property in a form acceptable to the City Attorney, and applicant shall meet any other title requirements as may be required by the City Attorney. Applicant shall provide all documents noted in this resolution in a format acceptable to the City Attorney prior to release of the plat for filing, and shall complete all conditions to the satisfaction of City staff, prior to release of the plat for filing. Page 3 of 4 1 8.The aforesaid plat shall be filed by the City of Orono with either the Hennepin County Recorder's Office or Registrar of Titles Office on or before Februar>' 23,2000 together with a certified original copy of this resolution and executed copies of the easements and covenants noted above. The approval granted by this resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the CiK of Orono for subdivision review. Dated this 23rd day of August, 1999. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ss. ) The foregoing instrument was acknowledged before me on this 23rd day of August 1999 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 4 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 28,1999 (#9) #2477 GEORGE \V. STICKNEY, 250/340 OLD CRYSTAL BAY ROAD SOUTH PRELEVHNARY PLAT APPROVAL - RESOLUTION NO. 4314 George Stickney, Applicant, was present, along with Mark Gronberg, Surveyor. Gaffron stated that most of the issues have been resolved regarding this application, noting that less area credit is being given concerning the wetland area and that easements will need to be obtained. As a result of that, the proposed road is being shifted somewhat, noting that the road does not meet the 275' radius for a 30 mile an hour road, but City Staff feels a variance for the two radii of the private road at 200' and 225' is not a major issue. Gaffron stated the developer shall grant drainage and utility easements five feet wide along all interior lot lines and ten feet wide along all right-of-ways and along perimeter lot lines. A final grading, drainage and erosion control plan must be reviewed and approved by the City Engineer prior to final plat approval.. The developer is proposing to construct a stormwater pond on Lot 5 to provide for stormwater detention and treatment. The City Engineer has recommended reducing the size of the outlet pipe located under the Luce Line Trail, which will reduce the rate of stormwater downstream but will increase the temporary high water level of the wetland during storm events. The Applicant is also proposing to raise the elevation of the horse trail portion of the Luce Line located Just north of the main trail, which may involve filling a small portion of designated wetland within the plat and within the Luce Line Trail. City Staff feels this issue can be worked out. City Staff is recommending approval of the preliminary plat. Gaffron noted that a letter has been received from Suzann Willhite of the DNR regarding this development. Stickney indicated that they have worked very hard with City Staff to resolve most of these issues. Mark Gronberg indicated he has no comment. Willhite stated the DNR has several concerns regarding the preliminary grading and drainage plan. Willhite stated the culvert will need to be replaced by the developer, with the DNR continuing to own and maintain aT culverts on state property. Gronberg stated there will be a homeowners association and that they will assume responsibility of the stormwater pond. Willhite stated the DNR would like the agreement for the maintenance of the drainage structures be between the DNR and the City of Orono, even if the City of Orono requires the homeowners association to maintain the structure. The DNR also requires inspection authority on the drainage structures and horse trail treadway construction. Mayor Jabbour indicated that the City will not be responsible for maintaining the culvert and the trail. Gaffron stated the Cit>'*s policy generally has been that the homeowners association assumes Page 14 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 28,1999 (#2477 George Stickney, Continued) responsibility for maintenance of the culvert. Willhite stated the DNR would like the City to be the contact person but not the responsible party for maintaining this culvert. Willhite commented that the drainage affects a larger area than just this development. Mayor Jabbour stated the City will be the contact person but will not assume the responsibility for maintenance of the culvert. Kelley suggested that the motion requires that the homeowners association includes in their bylaws that they have sole responsibility for maintenance of this pond and culvert Gronberg stated the Luce Line Trail is the responsibility of the DNR. Gaffron inquired who will be paying the expense of the culvert. Gronberg indicated that Stickney will assume that cost. Flint noted that the Park Commission has recommended that that Applicant dedicate additional land to move the existing bike trail further from Old Crystal Bay Road. Gaffron stated that fact is listed in the resolution and could be added as a condition of approval in the resolution. Peterson moved» Flint seconded, to approve and adopt RESOLUTION NO. 4314, a Resolution Granting Preliminary Approval of a Class HI Subdivision Located at 250 and 340 Old Crystal Bay Road South, with the understanding that the homeowners association will modify their agreement to include maintenance of the culvert located under the Luce Line. VOTE: Ayes 5, Nays 0. iO) #2497 GAIL S. BRINER, 1760 SHADYWOOD ROAD -VARIANCE - RI^ JTION NO. 4315 Briner stated she waS required to remove the plastic from all rock beds on the property, and to remc Jck from the area under the deck, and requested that the City Council reconsi< le to the water drainage problems she has experienced in the past in her basement. Mayor Jabbour stated that is a normal condition that the Cii City Code to have plastic underlayment. uires, noting that it is against Briner stated the plastic has been in place for over 15 years. Mayor Jabbour stated that the regulation regarding plastic underlayment has been in existence for Page 15 c CITY OF ORONO HENNEPIN COUNTY, MINNESOTA DEVELOPER'S AGREEMENT FOR Crystal Bav Preserve (Name of Development) Mid-US Properties Limited Partnenhip (Name of Developer) THIS AGREEMENT, Made and entered into this day of 1999 by and between the City of Orono, a municipal corporation organized under the laws of Ae State of Minnesota (hereinafter called "City"), and Mid-US Properties Lumted Partnership its heirs, successors and assigns, (hereinafter called "Developer"). WITNESSETH; • • WHEREAS, the Developer has made application to the City Council for approval of a final plat of land within the corporate limits of the City legally described in Exhibit A attached hereto and incoporated herein by ref"-nee (the "Subdivision"); and WHEREAS, LaC Cuy Council has granted approval for such development on the condition that the Developer enter into this agreement to provide for the installation of improvements hereinafter described on the terms and condifions hereinafter set forth. NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: •• * Initials of Developer Initials of City Clerk Page 1 of 7 1 j Property Description: The Property is legally described as set forth in Exhibit A, and is to be replatted into Lots 1 through 8, Crystal Bay Preserve. 2, Improvements: In accordance with the policies and ordinances of the City, the following described public or private improvements (hereinafter collectively called the "Improvements") shall be constructed and installed on the terms and conditions hereinafter contained: A. Site grading, including all necessary erosion control procedures (hereinafter called "site grading improvements"); B. Street grading, graveling and stabilmng (hereinafter called "street improvements"); C. Storm sewers, including all necessary culverts, catch basms, ponds, inlets, channel improvements, and Other appuitenances (hereinafter called "storm sewer improvements"); D. Permanent! treet surfacing (hereinafter called "permanent street improvements"); E. Standard street name signs at all newly opened intersections and such other traffic control signs within the Subdivision to be installed only by the City (hereinafter called "traffic signing unpro'/iments"); F. Entrance monuments, signage and landscaping including boulevard sodding, seeding, berms, and plantings (hereinafter called "landscaping improvements"); G. Underground gas, electric, cable and telephone service to be arranged by Subdivider with the utility companies involved (hereinafter called "utility improvements"); and 3. Construction Plans: The following described detailed plans and specifications for the complete installation of the Improvements shall be submitted by the Developer for the approval of the City prior to the start of construction. The Plans and specifications sM conform to all currrent City standards for all applicable work. Initials of Subdivider /l( .i Initials of City Clerk _____ Page 2 of 7 4. Pr>n5;truction of Improvements; A. Commencement Date - The construction of Improvements shall begin no later than _________• B. Completion Date - All Improvements, with the exception of bitunmous wearcourse shall be completed no later than_____________________— C. Contractors - The Developer shall select, retain and supervise the Contractor(s) responsible for Improvement construction. The City reserves the right to require satisfactory proof of successful experience and adequate financial status of any such contractor. Where required by City ordinance, the contractor shall first obtain a license fi:om the City. D. Preconstruction Conference - Prior to the start of any construction, the Developer ^d the Developer's Contractor shall meet with the responsible City official to review construction plans and schedules. • •• • ■ E. Permits - Prior to the start of any construction, the Developer’s Contractor shall apply for and receive all necessary permits firom the City and/or government agencies having jurisdiction. F. Construction - The construction, installation and materials shall be in accordance with the plans and specifications approved by the City. • • G. Insurance - The Developer will cause each person who constructs and installs any Improvement to m^tain complete insurance coverage including Workmen ’s Compensation, Liability and Property Damage. 5, Performance Deposit: For the purposes of assuring to the City that the Iinprovements ^1 be completed according to the terms of tMs agreement, and that the Developer will pay all claims for work done and materials and suppUes furnished, the Developer has deposited with the City at the time of the execution of tiiis agreement an irrevocable letter of credit in a form sa^actory to the City providing that the City is able to draw upon such letter of credit in its sole diswetion to complete the Improvements if the Developer fails to satisfactorily complete the work prior to the completion date specified in Section 4 above.. The amount of such deposit sh^l not be reduced before substantial completion of the Improvements. The letter of credit shall e^qpire no sooner than September 30, 2000. Initials of Subdivider ^ Lk Initials of City Clerk ____ Page 3 of 7 g ^ees and Expenses: The Developer agrees to pay all City fees required per the curreiit City Fee Schedule and further agrees to completely reimburse the City for all the variable additional expenses it incurs in regard to the review and approval of the Improvements including, but not limited to, direct City payroll and overhead, costs, and fees pmd to consultants and other professionals. 7 Resolutions of Citv: Developer agrees to be bound by the provisions set forth in all resolutions of the City Council approving the Development. g Rinding Effect: The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding deemed covenants running with the land. References herein to Developer, if there be more than one, shall mean each and all of them. This agreement to be executed by the Developer, shall be placed of record so as to give notice hereof to subsequent purchasers md encumbrancers of all or any part of the subdivision and all recording fees, if any, shall be paid by the Developer. 9. Notices: Whenever in this agreement it shall be required or permitted that notice or demand be given or served by cither party to this agreement to or on the other party, such notice or demand shall be deUvered personally or mailed by United States certified mail (return receipt requested) to the addresses set forth below. Such notice or demand shall be deemed timely given when deUvered personally or when deposited in the mail in accordance with the above. Notice to Citv City of Orono Clerk/Administrator P.O. Box 66 Crystal Bay, MN 55323 Notice to Developer George W. Stickney Mid-US Properies Limited Partnership 201 East Lake Street Wayzata, MN 55391 10. Incorporation bv Reference: AU plans, special provisions, proposals, specifications and contracts for the Improvements furnished and let pursuant to this agreeemnt shaU be and hereby are made a part of this agreement by reference as fuUy as if set out herein in full. 11. pisci aimer bv Citv: It is understood and agreed that the City, tiie City CouncU, and the agents and employees of the City shaU not be personaUy U^le or responsible in any manner to the Developer or Developer's contractors, subcontractors, materialmen, l^orers, or any other firm or corporation, for any debt, claim, demand, damages, actions, or causes of action of any or character, arising out of or by reason of the execution of this agreement or the performance and completion of the Improvements. Initials of Subdivider Irutials of City Clerk Page 4 of 7 12. Hold Harmless anH Tndemnification! The Developer shall indemnify and hold harmless the City, the City Council, and the agents and employees of the City from and against all claims, damages, losses or expenses, including attorney fees, which the City, City Council and agents and employees of the City may suffer or for which it may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of this agreement by the Developer, its employees, agents or succoniractors, wne^—vr or not caused in part by a party indemnified hereunder. 13. Pfttnffriv fnr Default: Default by the Developer of any of the terms of this agreement shall automatically result in the suspension or withholding of all permits, licenses, occvq)ancy certificates or other authorizations issued by the City in connection with the property included in this development. A. The Developer hereby grants to the City, its agents and its employees, the right to enter on the property for the specific purpose of constructing or completing any and all of the •agreed upon Improvements should the Developer not complete those Improvements by the date specified in Section 4-B. B. The remedies afforded to the City under this Section shall be in addition to any other remedies to which the City may be entitled by law or other agreement WITNESS WHEREOF, the City and Subdivider have caused this a^ement to be duly executed on the day and year fct above written. CITY OF ORONO By:.By:. (City Clerk) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) day ofThe foregoing instrument was acknowledged before me on this ______ ^ 19___, by Gabrial 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 Initials of Subdivider Initials of City Cleric ____ Page 5 of 7 I i r DEVELOPER : 1 And: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) ♦ •l On this day of JTtxL __________, « Notary Public within and for said county, personally appeared ^f?crgr kl- ,^cK»cy------- 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. j 199^ before me a V ^a.^ea^a^^g^3^^^g a!aw«^^ac^^y) CAROLE A HASEMAN * ^ NOTARY PUBUC-MICtlESOlA R - - HENNEPIN COUNTYHENNEPIN COUNTY !.?yCc(r.ml!»lcnEr;lttsJ:n.31.?0C1 f* ^'/ Cl' NOTARY PUBLIC STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN )J 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 acknovdedged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC • • ' Reviewed for Adihiiiistration: Date:By: (City Official) Initials of SubdividcT Initials of City Clerk ____ Page 6 of 7 • •• This document has been drafted by: Control Mo. CITY OF ORONO PRIVATE ROADWAY REQUEST A. The subject of this request Is; an existing private roadway. B. C. D. » \/ a proposed private roadway which is to be created as a condition of pending subdivision approval.. The owner(s) of this Private Roadway and/or all abutting property will be (are) the owner(s) of the following described property; The above owner(s) hereby request that this Private Roadway be known by the following name: /f«/y 'Trcn, / _ _ _ _ _ _ _ _ _ _Choice No. 1 Choice No. 2 /^rejr’/~C/2. Choice No. 3 (List three choices in order of preference. The City Council will approve a name provided no conflict exists with existing names or naming policy. If all names have a conflict, you will be asked to make new choices. The approved name will be used for all mailing address and official Identification purposes.) The above owner(s) hereby request the City of Orono to install the following standard street and traffic signs and said owner(s) hereby agree to reimburse the City for all costs of said Installation. (Such signing may be required as part of a separate Developer's Agreement and/or subdivision request.) c/ standard city street name sign(s) - number required _____ standard "STOP" slgn(s) - number required _ _ _ _ _ _ _ _ _ standard traffic sign(s) described below: _ _ _ _ _ _ - number required The above owner(s) do hereby acknowledge the (future) existence of said private road, and that the City of Orono has no obligation to maintain or service said private road, and that the City of Orono does not intend to acquire or open said private road as a public roadway. Date 0 J aa r CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 249-4600 APPLICATION NO. 2477 NOTICE OF COUNCIL ACTION Date of Notice: June 29, 1999 TO: George Stickney 2590 Countryside Drive Long Lake, MN 55356 COPIES: Mark Gronberg Coffin & Gronberg, Inc. 482 Tamarack Avenue Long Lake, MN 55356 TYPE OF APPLICATION: Preliminary Subdivision DATE OF MEETING: 6-28-99 VOTE: 5 FOR 0 AGAINST COUNCIL ACTION - MOTION: To approve per the findings and conditions of the resolution attached. Note that Condition 5 on page 5 of 9 has been revised to require that the homeowners association take responsibility for maintenance of the stormwater facilities including the Luce Line culvert. Also, a new condition 19 on page 7 of 9 requires granting of the 10' trail easement per council's direction, and the old Condition 19 becomes condition 20. An executed copy of the resolution will be forwarded to you once mayor and clerk signatures are affixed. Preliminary Subdivision Plat Approval - Applicant must provide to the City all information and/or improvements required for final plat approval as noted in the preliminary plat approval resolution. Preliminary plat approval expires 1 year after the date of the resolution. Note that prior to filing of the final plat after final subdivision approval, all taxes for the current year must be paid. If you desire certified copies of the official Council minutes, they are available firom the City Clerk after review and approval by the City Council. CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO..-1 Q ‘i /\ i: Rev 74-99 A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A CLASS ID SUBDIVISION LOCATED AT 250 AND 340 OLD CRYSTAL BAY ROAD SOUTH CRYSTAL BAY PRESERVE FILE NO. 2477 F WHEREAS, George W. Stickney (hereinafter the "subdivider") on March 17,1999, filed a formal subdivision application with the City for approval of ^ eight (8) lot residential plat of property legally described as: Lot 2, Auditor ’s Subdivision No. 229, Hennepin County, Minnesota, And that part of Lot 1, Auditor ’s Subdivision No. 229, lying southerly of a line drawn parallel wiA and 240 feet southerly, as measured at right angles to the North line of said Lot 1, and lying westerly of a line drawn parallel with, and 1070 feet easterly as measured at right angles, to the West line of said Lot 1 (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the Municipal Code of Ordinances, Chapter 10 (Zoning Code) and Chapter 11 (Subdivision), the Orono Planning Commission held a public hearing on April i9,1999, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the Orono City Council initially reviewed this application on May 10, 1999 and again at their regular meeting held on June 28,1999 the Orono City Council considered the subdivision application, noting the following findings of fact: 1. The property is located within the RR-IB One Family Rural Residential Zoning District requiring a minimum of two acres of contiguous dry buildable land withm each newly created lot. 2. The subdivision is located over two existing residential sites located at 250 md 340 Old Crystal Bay Road South. The entire site is approximately 20.21 acres, with 1.64 acres as designated wetland and 18.57 acres dry buildable. Page 1 of 9 i -CITYof ORONO RESOLUTION OF THE CITY COUNCIL • ,« A NO. 4. 5. 6. 7. 8. 9. 10. 11. The proposed plat consists of eight residential lots each meeting or exceeding the two acre minimum requirement for the zoning district. Lots 1, 2, 6, 7 and 8 meet all lot standards for lot width and lot area, and have demonstrated adequate building sites. Lots 3, 4 and 5 front on the proposed cul-de-sac and do not meet the defined minimum 200' lot width requirement as measured at the rear line of the defined front yard. Lot 3 has a defined lot width of 130’, Lot 4 has a defined lot width of 115' and Lot 5 has a defined lot width of 130'. However, the granting of a lot width variance for each lot is justified by the fact Lots 3, 4 and 5 contain suitable building sites meeting all requirements vdthout the need for further variances. The front lot line for each lot is the common boundary with Outlot A, the private road outlot. Lots 1 and 8 are located adjacent to Old Cr> stal Bay Road South. The side yard adjacent to the street for Lots 1 and 8 has an established setback of 50. These two lots shall not have any direct access to Old Crystal Bay Road. All eight lots shall be served by a private road designated on the plat as Outlot A. Proposed lot 2 contains an existing residence that is intended to remain on the site. A bam and storage building are located to the east of the residence. The storage building is located within the required yard setbacks or over the property line. The bam and storage building shall be removed upon completion of the plat The subdivider intends to remove both buildings. The property located at 340 Old Crystal Bay Road South contains a residence, garage and a storage building, all of which shall be removed from Lots 7 and 8. The proposed private road to be constructed in Outlot A is 700' in length. This length is allowed for roads ending in a cul-de-sac. The platted ^tlot A cul-4e-wc (100') and road (50') meet established standards for width in the Subdivision Ordinance. The minimum required horizontal radius for private roads in Orono Is Page 2 of 9 • K CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. > ^ ^ 15. 16. 17. Cl275'. The proposed road in Outlot A will have two radii of 200' and 225 respectively, which requires a variance from the Subdivision Code. This variance is justed by the fact this is a relatively short cul-de sac road with no future 'through street' possibility. The variance is required based on the location of the existing house which will remain on Lot 2. 12. Private residential streets serving eight units are required minimum paved width of 28' and the cul-de-sac is to be paved with a 40' radius. Construction standards me established in the Subdivision Ordinance in Section 11.33, Subdivision 4. Drmnage and utility easements should be provided 5 feet along all interior lot lines and 10 feet wide along all right-of-ways and along all perimeter lot lines. 13. The proposed location of the intersection with Old Cr>’stal Bay Road South directly across from Deer Run Trail has been approved by the Director of Public Services. 14. Two septic sites have been identified on each lot. The soil testing and plans completed by DH Excavating, dated March 31,1999, has been reviewed by Staff and conditionally approved, subject to applicant providing some additional information as specified in the Septic Review report dated May 6,1999. The large parcel located to the east of the subdivision is owned by the Department of Natural Resources. The DNR has not stated they would be requesting any access to the property over the private road. No access is necessary to the south for connection to the Luce Line Trail. The property to the north has been developed into single family homes. No future connections to the north are required for the Crystal Bay Preserve subdivision. A stormwater management NURP pond is proposed to be located on Lot 2. Lot 2 is 2.9 acres in area. The area containing the pond shall noc be included in the dry buildable area for the lot. The final plat should designate the pond as a drainage easement and adjust the lot area if necessary to accommodate the NURP pond. A large Orono wetland is located over Lots 5,6 and 7. A Flowage and Conservation Easement is necessary to protect the wetland from future development and to preserve existing vegetation. Page 3 of 9 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.A ' /I 18.a) The applicant has proposed a stormwater management plan which will include stormwater ponding on Lot 5 to provide for stormwater detention and treatment. The City Engineer has recommended reducing the size of the outlet pipe located under the Luce Line Trail. Reducing the :ize of the outlet pipe will reduce the rate of storm water dovsnstream but will increase the temporary high water level of the wetland during storm events. b) Part of this plan will involve raising the elevation of the horse trail portion of the Luce Line, located just north of the main Trail, and may involve filling a small portion of designated wetland within the plat and within the Luce Line Trail. Such filling will require additional detailed review prior to final plat approval; it would be appropriate to grant a variance for this minor wetland filling. The City Engineer, DNR, and Minnehaha Creek Watershed District shall review the Final Plans prior to final plat approval. c) The City Engineer has also recommended the establishment of vegetated buffer strips on each lot to provide additional runoff filtration, since not all runoff from development of the sue will be treated by the stormwater pond. 19.The Park Commission reviewed the application on April 5,1999 and recommended the applicant dedicate additional land to move the existing bike trail further from Old Crystal Bay Road. When the trail was built an easement was not granted resulting in the trail being located next to the road. Therefore, a 10 foot trail easement should be dedicated along the west edge of the property. This trail easement should be located over the 10' drainage and utility easement, and therefore shall not reduce the creditable lot area for Lots 1 and 8. 20. The Planning Commission reviewed the application on April 19, 1999 and recommended approval by a vote of 6 to 0 to approve the eight lot subdivision of Crystal Bay Preserve. NOW, THEREFORE, BE IT RESOLVED, That based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat of Crystal Bay Preserve for George W. Stickney at 250 and 340 Old Crystal Bay Road South per preliminary plat drawings by Mark S. Gronberg, a licensed surveyor of Coffin & Groaberg, Inc. dated March 17, 1999, revised June 22,1999 subject to the following conditions: Page 4 of 9 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.lij r* •> . ! V • 1. A variance will be granted for widi of Lots 3,4 and 5 which do not meet the 200' width requirement for the RR- IB zoning district. 3. 4. 5. 6. 7. 8. 2. All Lots shall access to the private read in Dutlot A. No direct access to Old (Crystal Bay Road shall be allowed for any Lot. All existing accesses to Old Crystal Bay Road shall be removed prior to City final approval of the private road construction The private road in Outlot A shall be constructed to City private road requirements, subject to a Developers Agreement to be executed between the City and the developer. Private road construction can begin as soon as the engineering plans for the road as well as storrav^ater management plans have been approved by the City and the Developers Agreement has been executed. A variance will be granted for the two radii of the private road at 200' and 225'. Private road access shall be from Old Crystal Bay Road subject to conditions for such access to be approved by the Director of Public Services. The private road .shall be privately owned and maintained per the appropriate access easement/maintenance documents to be executed by the developer. The developer shall create a homeowners associadon for such ownership and maintenance. The homeowners association shall also be responsible for maintenance of all stormwater facilities serving the subdivision, including the outlet structure within Lots 5/6 but not the culvert located within ue Luce Line Trail right-of-way, ^d such maintenance responsibility shall be detailed widiin the easement/maintenance documents to be created. No building permits will be issued until the private road is completed and all stormwater management improvements have been completed by the developer and approved by the City. The developer shall grant to the City an underlying Road and Utilities Easement for Outlot A. The developer shall grant Drainage and Utility casements 5 feet wide along all interior lot lines and 10 feet wide along all right-of-ways and along perimeter lot lines. Page 5 of 9 1 • • • • • CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1 ^____ 9. The bam and storage building located on Lot 2 shall be removed prior to issuance of any building permits in the subdivision- 10. The existing buildings located on Lot 7 shall be removed prior to issuance of any building permits within the subdivision. 11. Subdivider shall plant boulevard trees along the private road per the requirements of 12. 15. 16. Section 11.60, Subdivision 2. Subdivider shall construct stormwater management improvements to be shown on the Grading, Drainage and Erosion Control Plan to be submitted with the final plat application. A final Grading, Drainage and Erosion Control Plan must be approved by the City Engineer prior to final plat approval. Subdivider shall grant drainage easements over all drainageways and stormwater ponds with the plat Subdivider shall provide supportive drainage calculations and define vegetated buffer strips within each lot, such strips intended to provide additional filtration of runoff prior its leaving the site, and such strips to be maintained with grasses in an unmowed state. A variance will be granted for the minor wetland filling which will occur in order to raise the horse trail and establish a new wetland outlet. 13. Subdivider is hereby advised that the City will not grant final plat approval until the MCWD has approved all grading and drainage improvements for the property. 14. All identified primary and alternate sewage system drainfield sites within the subdivision sh^l be fenced prior to any land alterations, and such fencing shall remain inplace until such time that each Lot is developed. Subdivider shall develop covenants for each lot for protection of drainfield sites within each Lot Covenants shall include protection for alternate septic sites along with site plans locating both primary and alternative sites. The covenant shall alert future property owners of the need to protect identified sites. Applicant shall submit additional testing on soils found to have a seasonal water table at less than one foot due to eroded topsoil. Complete designs for the primary drainfield sites on each lot must be submitted and approved prior to final plat approval. Each drainfield site must be located on the survey to assure setbacks to property lines, wetlands and the NURP pond. A berm or other protective measure Page 6 of 9 mmo;^ CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.4 3 14 shall be designed into the sites which may be affected by the 100-year flood. 17. The applicant shall abandon the existing septic site located on the 340 Old Crystal Bay Road property with application for demolition permit for the existing residence, 18. Payment of Park Dedication Fee for Lots 1 and 3 thru 7 per City Ordinance. Lote 2 and 8 are considered to contain existing residences and are not subject to the Park Dedication Fee. 19. Applicant shall grant a 10' wide trail easement along the west boundary of the . property. 20. Subdivider is hereby advised that preliminary subdivision approval will expire one year from the date of Council preliminary plat approval. Should the subdivider fail to file a final plat application within the year deadline, it shall be necessary for the subdivider to file a new preliminary subdivision application with the City. 3F1NAL PLAT SUBMITTALS The following list of final submittals shall be submitted to the City two (2) weeks prior to the regularly scheduled City Council meeting: 1. Record plat drawings in the form of two (2) mylar copies and one (1) copy reduced to 1"=200'. Drawing to include: A. Lot lines per survey by Coffin & Gronberg, Inc. dated March 17,1999. B. Designation on the plat of all drainage easements, drainage and utility easements, and wetland boundaries. 2. LEGAL DOCUMENTS required: A. Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign Ae plat and all other documents affected by such interest. Page 7 of 9 • • • CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. 48 14_____ B. C. The applicant shall provide certified copies of all recorded easements currently affecting the property. Signed and executed Drainage Easement over all drainageways, and Conservation and Flovsage Easement over all designated wetlands. D. Signed and executed Developer’s Agreement and Letter of Credit. E. F. G. H. I. J. Signed and executed Road and Utilities Easement over Outlot A. Signed and executed covenants defining responsibility for construction and maintenance for Outlot A, defining future financial obligations. Completed application for private road name. Signed and executed covenants for protection of drainfield sites, including a map defining the location of the drainfield sites. Vegetated buffer drainage easement including a map defining said easements. Signed and executed Trail Easement over the west 10' of Lots 1,8, and Outlot A. 3. FEES TO BE PAID: A. Final plat fee: $200.00. B. Legal review and filing fee: $200.00. C. Park Dedication Fee 6 new lots x $4,900 = $29,400. Page 8 of 9 CITYof ORONO RESOLUTION OF THE CITY COUNCIL o> f.NO. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 28th day of June, 1999. ATTEST: ^ 1/n.^Lu 1. Linda S. Vee, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) A \ The foregoing instrument was acknowledged before me on this 28th day of June 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. m.MARY ANN JOHNSON § H01MIYPUBUC4flNNES(nA ^ MyCoflnission&q)i{esJan.31.2Q00 Page 9 of9 Applicatioo Date: Completion Date: 120-day Limit: COUNCIL MEETiNQ JUM 2 6 1999 cn t or UMONO 3/17/99 3/17/99 7/17/99 REQUEST FOR COUNCIL ACTION DATE: June 25,1999 ITEM NO.; ^ Department Approval:Administrator Reviewed: Name Michael P. Gaffi’on Title Senior Planning Coordinator Agenda Section: Zoning Item Description; #2477 George W. Stickney, 250 and 340 Old Crystal Bay Road South - Preliminary Plat Approval - 8 Lot Subdivision - Resolution Zoning District: RR- IB One Family Rural Residential District (2 acre) Application: The applicant has proposed an 8 lot subdivision of this 20.21 acre property located at 250 and 340 Old Crystal Bay Road. The subdivision includes two existing residential sites located north of the Luce Line Trail and east of Old Crystal Bay Road. List of Exhibits A - Resolution B - Preliminary Plat Drawing C - Preliminar y Grading & Drainage Plan D - May 28,1999 City Engineer Comments E - May 10,1999 Council Minutes F - DNR letters of 4-15-99 and 6-18-99 Planning Commission Recommendation The Planning Co mmission on April 19 recommended on a 6-0 vote to approve the preliminary plat subject to a number of conditions which are contained in the resolution attached for your review. May 9 Council . ‘ ction On May 9, at the request of staff. Council tabled this item pending review of the revisd pto vvhich were received shortly prior to that meeting. Staff had a number of concerns relating primarily to stormwater management and the extent of City-designated wetlands on the plat. •l WlAn - George Stickney June 25,1999 Page 2 Review of Various Topics Stormwater Pond on Lot 2 A stormwater pond will be established on Lot 2 behind ^e existing residence. This pond will treat a majority of the added runoff caused by the hew private road. Due to topography of the site, runoff from most of the new residences cannot be collecetd in a single pond on site, hence vegetated buffer strips will be preserved within each lot for stormwrater quality enhancement. Stormwater Ponding in Wetland Adjacent to Luce Line A1.6 acre wetland in Lots 5 and 6 adjacent to the Luce Line, is the receiving body for most runoff from the site. This wetland outlets under the Luce Line via an old 36 ” culvert. The draft Orono Stormwater Plan indicates this should be reduced to 18” diameter to protect downstream properties. Applicant has agreed to do this and has submitted a preliminary design plan, subject to DNR approval. This plan will result in a slight increase in the wetland elevation at times, and this is a concern of the DNR as it could inundate the horse trail next to the Luce Line. Applicant proposes to raise the horse trail with fill, which has received a conceptual approval from DNR subject to acceptable design details. DNR also requests that the City be responsible for maintenance of the drainage struf'tures, even though we may require the homeowners association to maintain them. Tbb is an item for discussion. The 18” culvert will raise the 100-year flood elevation to just above 966', which could have a minor temporary impact on two septic sites unless a low berm or other measures are established. This will have to be detailed prior to final plat approval. Wetland Designation The City has received a wetland delineation report and has concluded that all wetlands delineated along the Luce Line by applicant's consultant, are part of the designated City wetland and wall not be creditable as dry buildable. This has resulted in some adjustments of fhe road location and a few lot lines, but has not impacted drainfield sites. However, filling the horse trail wall likely result in filling of a small portion of the wetland adjacent to the trail, as will the establisliment of the new outlet stmcture. Staff recommends that a variance be granted for this minor filling of wetland, subject to appro /al of the appropriate agencies. Road Layout As a result of the wetland designations, the road layout has shifted slightly northward in a somewhat tighter curve than code allows. Staff is recommending a variance to allow curve radii of 225' at the west end and 200' near the mid point of the road where 275' would normally be required for a 30 mph design private road. This variance is justified because this is a short cul-de-sac serving only 8 homes, with no future potential to be a through road. 1 #2477 - George Stickney June 25,1999 Page 3 STAFF RECOMMENDATION Staff is recommending approval of the preliminary plat subject to the conditions in the resolution. It appears to staff that all remaining issues to be resolved prior to final plat approval will not impact the lot layout. COUNCIL ACTION REQUESTED After discussion of any outstanding issues, including any concerns raised by the DNR, adopt or amend the enclosed resolution. V 1/ k Bonestroo Rosene Anderlik & ^ ^ Associates Engineers & Architects May 28.1999 Bonestroo, Rosene, Anderlik snd Associates, Inc is sn Attirmstive AcdOf^'Ro^ki Opportunity imptoyer Principals: Otto G. Bonestroo. PM. • Joseph C. Anderlik, P.6. • hAar. In L Sorvaie. PJ. • Glenn R. Cook. PE. • Robert G. Schunicht, PE. • Jerry A. Bourdon. PE. • Robert W. Rosene. P6.. Richard 6. Tbrner. PM and Susan M. Eberlin. CJIA.. Senior Consultants Aiiociafe Principals: Howard A. \ar\totd. PX. • Keith A. Gordon. PE. • Robert R. Pfefferle, PE. • Richard W. Poster. PE. • David O. Loskota. P.E. • Robert C Russek. AXA. • Mark A. Hanson. PE. • Michael T. Raut/nann. PE. • Ted K.FIeld. PE. • Kermeth P. Anderson. PX • Mark R. Rolfs. PX • Sidney P. Williamson. PX. LS. • Robert F. Kotsmith • Agnes M. Ring • Allan Rick Schmidt, PX Offices: St. Paul, Rochester. Vlllmar and St Cloud. MN • Milwaukee. Wl Webi/fe: wwwbonestroo.com Mr. Paul Weinberger Assistant Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, MN 65323 JU:i 0 .1 1999 Cl I t w, .u ;o Re;Crystal Bay Preserve File No. 139-2477 Dear Paul: have reviewed tbe preliminary grading and dramage plan for the proposed Crystal Bay Preserve eight- lot subdivision. The site is located east of Old Crystal Bay Road and north of the Luce Line Trail in the in the northeast quarter of Section 23. We have the following comments in regards to engineering matt ers. The proposed NURP pond location and calculations appear acceptable. We recommend the pond have a rip rapped emergency overflow at an elevation of 983. The overflow should be located near the proposed pond outlet The proposed NURP pond will only treat runoff from most of Lot 2 and the roadway. Stormwater from the remaining Lots will flow overland to the existing ditches and wetland. We recoi^end I____________»K, iMoVcirfA nf flit 1 Ai«. The buffer strios should be sized to trom tne remaining lxjis win uuw uvciuiuu w uiv — ----^------ --—— installing a vegetated buffer strip along the backside of all l^ts. The buffer strips should be sized to r rovide water quality for runoff prior to flows readiing the existing ditches and wetland. Our 4/5/99 comments inconectiy recommended reducing the existing wetland outlet from finches to 27-inches. The City ’s draft Surface Water Management Plan (SWMP) recoou^ds this outlet be restricted to an IS-indi diameter outlet ratha dian 27-inches. The corresponding 10 and 100-ycar water leveb in the wetland would be 963.4 and 966.3 respectively. The ^DNR has indicated that revised wetland water levels may conflict with tihe Luce Line Trail elevations just sooth of die site. Plans should be submitted to tbe DNR for their review. Some berating may be required between tbe wetland and tbe septic sites <m Lot 6 to protect diese sites. • Erosion conuoi measures should be shown t»u the plans to protcci ull wetlands and drainagcwa>». Thw erosion control should be in place prior to any grading and until vegetation has been established. Please contact me at 651-604-4863 if you have any questions regarding dtis matter. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. /oy>f Tom Kellogg Cc: Greg Gappa, City of Orono 2335 West Highway 36 ■ St. Paul, MN 55113 • 651-636-4600 ■ Fax: 651-636-1311 • fc*. ORONO CITY COUNCIL MEETTTTO MINUTES FOR MAY 10,1999 (#3 James'^nckens, continued) Jabbour said heW abstain if the matter is re-opened. • ^ ^ • .* *• *••• *• • . • • - • •: Flint explained his opi^n that access to the property shoi^db^om Crystal Creek Road. ; Kelley said there should noh»e any discussion on this)p^r if it wiU be re-opened because the nei^bors have not been notified. Flint moved, Kellnr seconded, a ^on t^i^pen #2466 for James Renckens and Jota Winston, 3020 Watertown Road - Piat Appiication and table the matter for trro Tf'ccks. Jabbour asked if the appUcants^;v^d object^^ matter being tabled for two weeks. Winston said they have mptwth staff .and they arX^g to continue to work wiA staff. They are willing to pw^ne it for two weeks and worfcs^wth staff in the interim. They would like to have it re-oneded. Sansevere said4hat Renckens told him that at the Aprii 12th i^tiM, &e CouncU lecdved misinform^m and there were some inaccurate comments made.thaMji^t that mi^t have affected^M \yay the Council members .voted. ■ . ’ and Peterson abstaingdA (#4) #2477 GEORGE W. STICKNEY, 250 AND 340 OLD CRYSTAL BAY ROAD - PRELIMINARY PLAT George Stickney, applicant, and Mark Gronberg were present Weinberger presented the staff leport He said the applicant has proposed an «^t lot touted ^the'^^-dSd^le f^y rwMmUd di^ two-Kte tot size. He ^d staff was presented a new plan today regardmg the NURP pond m relation to the wetland delineaUon r^rt The NUBP pond was to be located on Lot 5. It u proP'^'l *» “* moved to Lot 2. Staff is concerned that a NURP pond in that area fiom the entire site which is the intent of the NURP poni Since recei^ the proposai, fliere has not been time for the Oty Engineer to rewew the plan ^ toage ealcdaSons have not been deUvered to the City. Weinberger said fhd &e Qty Engme« should have an opportunity to review the plan, especially since it will mvolw propo« culverts and othefW of pipi"«**Weinl^rget issue regarding whether the entire wetland area should be considered agai^ tot ““ the Type 1 and 2 wetiands are an extension of the Orono wetlands. Weinberger said tiiat the Page 4 ORONO crry council meeting MINUTES FOR MAY 10,1999 George W. Stickney, continned) DNR also needs time to review the new plan. Another issue is the request for a 10-foot easement for a bike trail. • • • • • • •* * •*••*•* Kelley asked where'the culvert underneath the Luce'Lihe is located. Weinberger showed the location of the culvert I ' i Kelley said he finds it hard to believe that the culvert is not located in the wetland. He said that water flow is a major issue for this property. Gronberg said that the wetland delineator went back to the property after the growing season started and marked off the wedands. He said .there is the same situation on the Old Cry^ Bay addition to tiie north where there are two different types of wetlands. He said in ^e.past, die policy has been to place an easement over the Orono wetlands, drainage easements over drainage ways and then wnte additional easements to cover the other wetlands, but they are filed as a separate document Jabbour said that staff would like to have additional time to figure out if the proposal will adequately handle the surface water drainage. Jabbour asked why staff just received this information. • *• Weinberger said that the City just received the report firom the wetiand delineator. Stickne'* said that John Anderson had done the wetlands off from the best aerial photos and wetiand maps tiiat are avkiable to the City. His report now says that most of the wetlands are Type 1 and 2 which are walkable wetlands. Jabbour smd that staff is having a problem determining if tiiie drainage is adequate and the City Engineer has not had a chance to look at it He a^ed if the applicants would object to tabling &e matter for two weeks. Elizabeth Hawn, Plarming Commission Representative, said she is concerned about the City tflV1n£ an easement jn^t^ad of fee title, for the bike traU because the property owntf may be ■ liable if there is an accident on the bike trail.# '4 City Attorney Barrett said he feels the property owner would not be liable because it is a City easement and a City constructed trail, but he can look at it further and give the Council an opmioiL Pages ORONO crry council meeting minutes for may 10,1999 (#4 George W. Stickney, continued) • • •ro?ids on their.property will not have liability. ' • • • * • •• • • •• • ..•••• * •• • » A• • * * GroBberg said that oa the property to the BOrth, the City has aa ehsemeat for the bike trail. • ' • Jabbour said that staff wants to make sure the water moves. KeUey said the water should move at the same rate that it moves bow aad it should BOt increase the flowage to the pipe underneath the Luce Lme. GaffioB said he waats to make sure the Cify is coosisteut ob the issue of how much ot the wetlaads is as dry buildable credit He said there is bo questioB that wctlaad ^ W fouBdldividual basins that have been noted as a covenant a^d given the “”di^r bu^e is not sure it is apj^opriats “ areas that ate larger than the ones delineated that he has deleted °° «he C^ty s 1 975 rnvemo ^ mans to moke those smaller and then have Types 1 and 2 around it Qa&on s fliat to av would expand the bounda.-y of the regulated wetland to encompass to entne awmas of T^pCS 1 ^ ®®d 7. Kelley would like the City Engineet to review the plan before the Council takes any acuon. Gaffion said tot two weeks should be sufficient to review the issues. Stickney said he feels the ^bdivision is very weU designed. Flint stated the Council should not spend a lot of time worrying about to easement fee K CivJSSt to City cannot cover the risk by their insurance. Jabbour asked the City Attorney to review the issue. “SdCrVs.™ two weeks. VOTE; Ayes 5, Nays 0. Page 6 • • wi Minnesota Department of Natural Resources - - • • • - - Repon6ATrails& Waterways, 9925 Valley View Road, - I 1> >9 Eden Prairie, MN 55344. Office (612) 826-6764; (Fax) 826-6767^;-,-. • ••m0 * •’•J June 18,1999 City of Orono Paul Weinberger PO Box 66 Crystal Bay, MN 55323 Dear Mr. Weinberger, This letter addresses concerns regarding George Stickney’s application to the City of Orono Planning Commission for a Class HI subdivision for property located at 250 and 340 Old Crystal Bay Road South. Please include this letter in the project file documenting the state's concerns. The State of Minnesota, Department of Natural Resources, Trails & Waterways Unit manages the Luce Line State Trail on the south side and the Wakefield-Conry Rest Area on the cast side of the Stickney property. The main concern is that the proposed development does not adversely effect the water drainage along the state trail or adjoining state property. There are several specific concerns regarding the Preliminary Grading & Drainage Plan dated June 9, 1999. This plan proposes extending an 18" culvert fi*om the existing 36" culvert under the Luce Line Trail to the Stickney property and constructing a catch basin on the private property. The developer has been made aware that the existing 36" culvert under the main treadway of the Luce Line Trail is original to the railroad construction. This culvert will need to be replaced by the developer. The DNR will continue to own and maintain all culverts on state property. The proposed elevation of the rim of the catch basin is to be at 966.3 ft, which is the calculated 100 year flood level. Currently, the elevation of the horse trail treadway of the Luce Line Trail ranges fi-om 960.5 to 964 on the southern border of the development. The developer has agreed to raise the horse trail treadway to an elevation of 967 ft. Detailed plans of the grading, slopes, treadway dimensions, and type of material proposed for the horse t rail will need to be submitted to the DNR, Trails & Waterways Unit, for final project review and approval. DNR Information: 612-296-6157.1-800-766-6000 • TTY: 112-296-5484.1-800-657-3929 An Equal Oppominity Employer Who Values Diveisiiy Printed on Recycled Paper Containing a Minimum of ICW Po%l-Consumer WaMC 1 The developer has indicated that the invert elevation of the existing 36" culvert is 956.7 ft. The invert of the upstream end of the new 18 ” culvert shall be at the same elevation as the invert of the existing 36" culvert. This invert elevation should be confirmed in writing and not allowed to be changed in the future without input and approval of the DNR, Trails & Waterways Unit. Written documentation will also be required to identify the party or parties responsible for maintaining the proposed water drainage structures. We request that the agreement for the maintenance of the drainage structures be between the DNR and the City of Orono, even if the City of Orono requires the homeowners association to maintain the structure. DNR, Trails & Waterways Unit requires inspection authority on the drainage structures and horse trail treadway construction. A minimum of two week advance notice of construction dates will be necessary to alert trail users of trail construction activity. The developer will be responsible for signing and taking precautions to protect the tr^ users fi'om harm during construction of the drainage structures and horse trail treadway and all restoration work along the trail. 1^1 Minnesota Department of Natural Resources Region 6A Trails & Waterways, 9925 Valley View Road, Eden Prairie, MN 55344. Office (612) 826-6764; (Fax) 826-6767. April 15,1999 City of Orono Paul Weinberger PO Box 66 Crystal Bay, MN 55323 Dear Mr. Weinberger, This letter addresses concerns regarding application #2477 submitted by George Stickney to the City Crystal Bay Road South Please include this letter in the project file documenting the state ’s concerns. The proposed subdivision will create 8 building sites on 20.5 acres. The State of Minnesota, Department of Natural Resources, Trails & Waterways Unit manages the Luce Line State Trail on the south side and the Wakefield-Conry Rest Area on the cast side of the Stickney property. There are several major concerns regarding this application. One, that the proposed development does rot adversely effect the water drainage along the state trail or adjoining state property. In the letter dated April 5,1999, from Bonestroo Rosene Anderlik & Associates Engineers referring to this project, it is noted that "The SWMP [Storm Water Management Plan] indicates that water quantity may be a problem downstream from this site and recommends restricting this outlet to 27 inches in diameter. Reducing the size of the wetland outlet pipe will reduce the rate of storm water downstream but will increase the high water level (HWL) of the wetland to an elevation of approximately 966.” The outlet referred to in this letter is the pipe currently under the state trail. The existing elevation at this site is not given. There is the potential for a higher water level along the trail. Currently there are no requests made to our office for permission to change this outlet. A second concern is that the standard setbacks be adhered to in planning for this development This would apply to septic systems, retention ponds, and buildings. This includes, outbuilding as well, and should be clearly disclosed to future landowners. DNR Information: 612-296-6137.1-800-766-6000 • TTY: 612-296-5484. 1-800-657-3929 An Equal Oppoctunity Employer Values Dtveniiy 0% Primed on Recy cled Paper Containing a Minimum of l(K( Po%l-Con%umer WaMC '1 The third concern is that the developer and future landowners be aware of property boundaries and not damage the landscape or remove vegetation on state property. This has been a problem in the past when adjacent landowners create private access trails to state land. Please address these concerns in the project review and keep us infonned of future plans for this development. More information is needed to determine the impact of the changes in water drainag on the adjacent state property. Thank you, S uyarm WiUhite Metro Trails & Waterways Specialist cc: Martha Reger * i i . Application Date: Completion Date: 60 Day Deadline 7/14/99 7/14/99 9/12/99 CO> iMriL MEETING AUG 2 3 1999 CITY OF OriUfvo REQUEST FOR COUNCIL ACTION DATE: 8/18/99 ITEM NO. Department Approval: Name Paul Weinberger Title Zoning Administrator/Planner Administrator Reviewed:Agenda Section: Zoning Item Description: #2506 Edward H. Hamm 485 Orono Orchard Road South Guest House Conditional Use Permit Zoning District: RR-1B One Family Rural Residential District Lot Area:18 acres Application: On April 12,1999 the City Council approved sanitary sewer extension to the principal residence and two existing guest houses on the Hamm property. A condition of approval was to formally permit the two existing guest houses legal by requiring the property owner to submit an application to the City of Orono for a Guest House Conditional Use Permit. The conditional use permit would allow continued use of the property as a principal dwelling and two secondary guest houses. The number of dwellings is limited to three on the property for the three sewer units that have been provided on the site. The property owner will enter into a Declaration of Subdivision Covenant with the City to limit the dwelling units on the property to three. This declaration shall be filed on the chain of title for the property. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended by a 5 to 0 vote to: Approve the conditional use permit for continued use of two guest houses based on the request satisfies all Code requirements for approval. STAFF RECOMMENDATION: Staff recommends approval of a guest house conditional use permit based on the findings and conditions in the attached draft resolution. i COUNCIL ACTION REQUESTED To adopt or amend the enclosed resolution. 1 “a . V « i - sDib^.COMMUNICATIONS.MEDIA DIVISION m Minnesota Department of Natural Resources Region 6A Trails & Waterways, 9925 Valley View Road, Eden Prairie, MN 55344. Office (612) 826-6764; (Fax) 826-6767. April 15,1999 City of Orono Paul Weinberger PO Box 66 Crystal Bay, MN 55323 Dear Mr. Weinberger, This letter addresses concerns regarding application #2477 submitted by George Stickney to the City of Orono Planning Commission for a Class in subdivision for property located at 250 and 340 Old Crystal Bay Road South Please include this letter in the project file documenting the state ’s concerns. The proposed subdivision will create 8 building sites on 20.5 acres. The State of Minnesota, Department of Natural Resources, Trails & Waterways Unit manages the Luce Line State Trail on the south side and the Wakefield-Conry Rest Area on the cast side of the Stickney property. There arc several major concerns regarding this applicatioiL One, that the proposed development does not adversely effect the water drainage along the state trail or adjoining state property. In the letter dated April 5,1999, from Bonestroo Rosene Anderlik & Associates Engineers referring »this project, it is noted that “The SWMP [Storm Water Management Plan] indicates that water qurntity may be a problem downstream firom this site and recommends restricting this outlet to 27 inches in diameter. Reducing the size of the wetland outlet pipe will reduce the rate of storm watc^ downstream but will increase the high water level (HWL) of the wetland to an elevation of approximately 966.” The outlet referred to in this letter is the pipe currently under the state trail. The existing elevation at this site is not giveiL There is the potential for a higher water level along the trail. Currently there are no requests made to our office for permission to change this outlet A second concern is that the standard setbacks be adhered to in planing for this development This would apply to septic systems, retention ponds, and buildings. This includes, outbuilding as well, and should be clearly disclosed to future landowners. DNR Information: 612-296-6157.1-800-766^ • TTY: 612-296-5484.1-800-657-3929 An Equal Oppocniniiy Emptq>(r ll^lMValuuDivtn!ty Printed on Recycled Piper Crniuininf a ^ ^ Minimum of UKt Pwa-Con>um<r Wa»ic The tiiird concern is that the developer and future landowners be aware of property boundaries and not damage the landscape or remove vegetation on state property. This has been a problem in the past when adjacent landowners create private access trails to state land. Please address these concerns in the project review and keep us informed of future plans for this development. More information is needed to determine the impact of the changes in water drainage on the adjacent state property. Thank you, Suzann Willhite Metro Trails & Waterways Specialist cc: Martha Reger ¥ r Application Date: Completion Date: 60 Day Deadline 7/14/99 7/14/99 9/12/99 CO( iMniL MPETJNG AUG 2 3 1999 CITY OF OrtUNO REQUEST FOR COUNCIL ACTION DATE: 8/18/99 ITEM NO Department Approval: Administrator Reviewed: Name Paul Weinberger Title Zoning Administrator/Planner Agenda Section: Zoning Item Description:#2506 Edward H. Hamm 485 Orono Orchard Road South Guest House Conditional Use Permit Zoning District:RR-1B One Family Rural Residential District Lot Area:18 acres Application: On April 12,1999 the City Council approved sanitary sewer extension to the principal residence and two existing guest houses on the Hamm property. A condition of approval was to formally permit the two existing guest houses legal by requiring the property owner to submit an application to the City of Orono for a Guest House Conditional Use Permit. The conditional use permit would allow continued use of die property as a principal dwelling and two secondary guest houses. The number of dwellings is limited to three on the property for the three sewer units that have been provided on the site. The property owner will enter into a Declaration of Subdivision Covenant with the City to limit the dwelling units on the property to three. This declaration shall be filed on the chain of title for the property. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended by a 5 to 0 vote to: Approve the conditional use permit for continued use of two guest houses based on the request satisfies all Code requirements for approval. STAFF RECOMMENDATION: Staff recommends approval of a guest house conditional use permit based on the findings and conditions in the attached draft resolution. 1 4 r- s COUNCIL ACTION REQUESTED To adopt or amend the enclosed resolution. » i H : A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 3 (G) FILE #2506 WHEREAS, Edward H. Hamm, (hereinafter "the applicant") is owner of the property located at 485 Orono Orchard Road South within the City of Orono (hereinafter "City") and legally described as: Exhibit A attached, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on August 16, 1999, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the {q)plicants have applied to the City for a conditional use permit to Municipal Zoning Code Section 10.20, Subdivision 3 (G) for a guest house. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #2506. 2.The property is located in the RR-IB Zoning District, >^ere 2 acres or 87,120 s.f. is the minimum lot area. The property consists of 18 acres. 3.The Planning Commission reviewed this application on August 16, 1999 and recommended approval on a vote of 5 to 0. Page 1 of 6 4. The Planning Commission made the following findings of fact: 5. 6. A.Guest houses are considered dwelling umts and are required to meet the allowed density for the zoning district. The applicant has requested continued use of two guest houses in the 2 acre zoning district. Property would have 3 dwelling units on 18 acres. B.On April 12,1999 the Orono City Council approved a request by Mr. Hamm to allow the property to be served by samtary sewer. A condition of approval is the property owner shall file an application for a conditional use permit to allow continued use of two guest houses on the property. C. Guest houses meet all required principal building setbacks. D. Property owner agrees to file a restrictive covenant on the title stating this property shall not be allowed more than three dwelling umts. The City Council finds that granting a conditional use permit to allow continued use of two guest houses 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 properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping widi the intent and objectives of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the affect of the proposed use on the health, safety, and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.20, Subdivision 3 (G) to permit continued use of two guest houses, subject to the following conditions: Page 2 of 6 1 1. 2. 3. 4. ATTEST: Property owner files the Declaration of Subdivision Covenants on the title stating the property shall not develop to more the three units. Authorities granted by this resolution are permissive only and must be exercised by application for a building permit within one year of the date of Council approval or this conditional use permit will expire on that date (August 23,2000). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicant has read, understands and hereby agrees tc the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 23rd day of August, 1999. Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ) ss. The foregoing instrument was acknowledged before me on this 23rd day of August, 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 3 of 6 I .f. I i’ i 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____j 199_before me aNotary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. notary public Page 4 of 6 Exhibit A i,EGAL DESCRIPTION I Thii part of ths Souihv\cii quarter tSV. I ‘‘I) vjl'Seeiion I \so (2) 'rowns'.'Jp One hundred seventeen (117) North, Range Tweniy-ihrce (2J) West of the Firth Principal .Meridian, described as follows Beginning at the Northeast corner of the Southwest quaiter (SW 1/4) of the Southwest quarter (SVV 1/4) of said Section Two (2); thence South along the East line of said Southwest quarter (SW 1/4) of the Southwest quarter (SW 1/4) a distance of four hundred thirty-four and three tenths feel (434.3') to a point designated and hereinafter referred to as "Point A", thence northwesterly deflectkig one hundred one degrees fbrty-three minutes (101 *43') to the right from last described coui *c, a diataoCe of one hundred eighty-two feet (182'), thence northwesterly on a tangential curve to the right vrith a radius of forty-six hundred eighty-seven and five tenths feet (4687.S*) a distance of sixty feet (60'): thence northwesterly on a tangential curve to the fight wkh a radius of two hundred twenty-two and forty-five hundredths feet (222.4S') a of two hundred fiect (200'), thence northerly on a tangential curve to the right with a radius of two hundred thirty-seven and fiily-six hundredths feet (237.56*) a distance of one hundred seventy-five feet (175'). thence northerly on a tangential curve to the right with a radius of five hundred twenty-seven and fony-two hundredths feet (527.42') a of fifty feet (SO'); thence northeasterly on a line tangent to last described curve a distance of sixty-two and tifiy-fivc hundredths feet (62 55') to a point in the South line of the Necthwest quarter (NW 1/4) of the Southwest quarter (SW 1/4) of said Section two (2) distant three hundred sixty f<*et (360') west of the point of beginning; thence cootimung northeaieeriy on an extension of last described course a distance of forty-ci^t and fi^-five hundredths feet (48.55'), thence northerly on a tangential curve to tte left with a radius of one hundred eighty-one and four tenths feet (181 4') a distance of one hundred feet (100'); thence nonhwesterly on a tangential curve to the left with a radius of two hundred dghty-three and seven tenths feet (283 7') a distance of one hundred twenty- five feet (125'); thence nonhwesterly on a line tangent to last described curve a distance of two hundred sixty-seven and four tenths feet (267 4'), thence northwesterly deflecting two d^recs twenty-three minutes (2*23*) to the left from last described course a distance of one hundred sixty-nine and three tenths feet (169 3'); thence northwesterly and westerly ou a tangential curve to the left with a radius of sixty-one and thirteen hundredths feet (61.13') a distance of sixty-four and sixty-two hundredths feet (64.62*), more or less, to a point designated and hereinafter referred to as “Point B", said point being in the West line of the East one-half (E 1/2) of the Northwest quarter (NW 1/4) of the Southwest quarter (SW 1/4) of said Section Two (2) e.xclusive of highway upon Easterly side thereof, said East one-h^ (E l/2)being ascertained after taking from the Northwest quaiter (NW 1/4) of the Southwest quaner (SW 1/4) of said section said highway upon Easterly side, and which 'Toint B*' is six hundred thiily-six and sixty-six hundredths feet (636.66*)noith of the Southwest comer of said East one-half (E 1/2) so ascertained; thence north elong the west line of said East one-half (E 1/2) so ascertained a distance of six hundred seventy-nine and eighty-five hundredths feet (679.85') to the Northwest comer thereof; thepce east along the North line of the Southwest quarter (SW 1/4) of said Section Two (2) to the Northeast comer of the Northwest quarter (NW 1/4) of the Southwest quarter Page 5 of 6 Section, thence sw^ulh aloni^ ilie Hast line of the Northwest quarter (N\V 1/4) Of tj'.e Southwest quarter (SW 1/4) of said Section to the point of beginning. Subject to ara tQgedier with an easement for right of way for driveway purposes over a strip of undd^^ Southerly and Westerly boundary lines of the premises above described and ^eod^ from ab we designated “Point A" along said boundary line to above desiimated of land being sixteen feet (16’) in width, eight feet (8*) on eaebride fo^g ^ Southerly and Westcriy boundary of the premises hereinabove first OeaenM. Also sjb)ect to public easentent in existing highways. i P«i of the Southwest quarter (SW 1/4) of said Section Two (2) Towns^ One hundr^ aeventecn (117), Range Twenty-three (23X described as follows Noijeast comer of the West one-half (W 1/2) of >he Northwest quarter (fW 1/4) of the Southwest quarter (SW 1/4) of said Section Two (2) exclusive of the a»de thereof, said West one-half (W 1/2) being ascertained after «J« Nordra^ quarter (NW 1/4) of the Southwest quarter (SW 1/4) of aard •««. •<»* iloiig Uie E« line of said ^ Mc«»a«ed a distance of six hundred sevonty-nine and dofatv- fiv«b»***odtl»feat ^79.83*) more or less, to a point distant six hundred thirty-six and huarfeedihi to (636.66*) north of the Southeast comer of said West one-half (W right at an angle of eighty-three degrees fi%-three minutes > on a luie bearing Soudi eighty-three degrees fifty-three minutes (83*53*) West a J****^^^?^'*^ and sixty-eight hundredths feet (33.68 ’X thence South eighty-two nnnutes (82*41*) West a distance of sixty-six and thirty-two hundredths ^ “***“»“rihwciterlyw a siraigbilHic seven hundred ten and six tenths feet (710^ X more or less to a point in the North line of the Southwest quarter (SW 1/4) of S^on Two (2) distant two hundred thirty-seven feet (237*) West of the point of *** f*®"* ^ hundred thiity-seven feet (237*) to the pM erb^miing. Stdyect to an easement for right of way for driveway purposes over tbegeutticfly mxteeo and five lembs fee (16 5*) of said last deKribed tract, and together ^ purposes over a strip of Isnd sixteen and five tenths feet (16.5*) *n»ra«riiately a4|ao«i fo the SoutMy line of tlw premises nepsintoow ^ described, and between the Southerly extensions of the Easterly lint and the Wester^ fine of said premises la^t described. 3. Lot 1, Block 2, Dragonfly Hill. o: denotes iron marker shows the location of the boundaries of the above nSt and all existing buildings thereon. It doesnot purport to show other improvements or encroachments. Page 6 of 6 TO:Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: DATE: Paul Weinberger, Assistant Zoning Administrator August 10,1999 SUBJECT: #2506 Edward H. Hamm 485 Orono Orchard Road South Guest House Conditional Use Permit-Public Hearing Zoning District: Lot Area: RR-IB 18 acres One Family Rural Residential District Application: On April 12,1999 the City Council approved sanitary sewer extension to the principal residence and two existing guest houses on the Hamm property. A condition of approval was to formally permit the two existing guest houses legal by requiring the property owner to submit an application to the City of Orono for a Guest House Conditional Use Permit. The conditional use permit would allow continued use of the property as a principal dwelling and two secondary guest houses. The number of dwellings is limited to three on the property for the three sewer units that have been provided on the site. The property owner will enter into a Declaration of Subdivision Covenant with the City to limit the dwelling units on the property to three this declaration shall be filed on the chain of title for the property. Site Analysis Guest houses must meet minimum principal building setbacks and be located behind the principal residence. The RR-IB zoning district requires the following: RR-IB (1 acre) Lot Area Lot Width Front Yard Side Yard Rear Yard Required 2 acres 6 acres for 2 guest houses 200 ’50 ’30 ’50 ’ The guest houses meet all required yard setbacks, and the property is in excess of the required acreage to maintain the requir^ density (1 dwelling unit per 2 acres) in the zoning district. fi Issues for Discussion 1.The property has a restrictive covenant placed on the chain of title stating no more than three dwelling units shall be allowed on the 18 acre site and in the event the property is subdivided it may not exceed three developable lots. 2. 3. The proposal meets all requirements for a guest house for lot area and structure setbacks. . The property will be connected to sanitary sewer.i Staff Recommendation Staff recommends approval for a guest house Conditional Use Permit for property located at 485 Orono Orchard Road South based on the structure meets the yard requirements established by the Municipal Code for a guest house CUP subject to the following conditions; 't |i - 1.The property has a restrictive covenant placed on the chain of title stating no more than three dwelling units shall be allowed on the 18 acre site and in the event the property is subdivided it may not exceed three developable lots. i r 2.The conditional use permit be granted in accordance with the conditions listed in Resolution No. 4271. Attachments A B C D E F Application for Conditional Use Permit Location Map Site Survey Plat Map Resolution No. 4271 Property Owners List s- iinniWMiririi»rariri h Application # Date Receive<r3ZZE5Z Amount Paid CITY OF ORONO - GENERAL LAND USE APPUCATION PROPERTY LOCATION Site Address______ Type of Application to be Filed SoK'f'f] Property Identification Number (P.I.D.) 3 .o j APPLICANT Name Address "3^ ^fs^bzJS/ City Phone (home ) 3 Phone (work ) yfc_______Zip OWNER Of different than applicant) Nam e ^/^»^ig»ag3» Phone (home). Phone (work) Address V3V' c^3Aj>>aj City Zip. Date Property Acquired I (jkf) (do not) also own the adjacent parcels of land. (month/year) FEES - CONDITIONAL USE PERMITS - _____$ 75.00 For each variance request with CUP application $175.00 Residential Accessory Use $250.00 Institutional (church, school, etc.) X $225.00 Guest House/Guest Apartments ____$200.00 Duplex Credh/Bldg ____$300.00 Conunercial/Industrial Use ____$250.00 Land Alteration ____ Grading and filling - designated wetland or floodplain ____ Grading and filling - 501 cu. yd. or more ____ Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see Fee Schedule $150.00 Renewal Fee (no change firom original application) Aiter-the-Fact Fee - Double Current Application Fee CD OTHER APPLICATIONS _____$250.00 Commercial Site Plan Review (+ consultant fees) _____$300.00 Vacation _____$200.00 Easement Vacation _____$100.00 Easement Vacation With Subdivision _____$350.00 Rezoning (PUD - refer to fee schedule) _____$350.00 Comprehensive Plan Amendment ______$100.00 App^s Other - see Fee Schedule 10 05 2. 3. 4. REQUIRED SUBMITTALS 1, ^ Completed Application Form. _ Describe request in detail. _ Certified Property Owners List of owners within 3 SO', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Government Center, 348-3271). _ Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. _ Attach legal description to application if not included on required survey. _ Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades) _ List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). _ Construction plan, if applicable (see staff for requirements). _ As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 5. 6. 7. 8. 9. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: __Date__________ APPUCANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by origuial fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her lmo>^edge. ^plicant's »gnature Date OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City stafi^ consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature Date Applicant must have all submittals into the City ofiBces 25 before the Piaming Commissioo Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commissioo and Council If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent Mtend in your place and advise the Building & Zoning Office of this change prior to the meeting. 1 LfWT Orchard 0s SRANO AVI WtAlS? mT7ioo THAI; i-.~_600 3\r> ^f. X • 4j % NSN VKV 0^ 01) LOAr^ • • *1 tT> • ^ • • AMI f>' ►V #- t • • V-(0). v.«r^ ] BiVttng . ............................... Orono V ••w ?.*Golf S; {•,.jj^wyvii'-^ ■ ^ .V-;'*r\^ Course 1WAT ION ^ox Rjocf WOOD HIIL AVE • V ggS3 WA - f ' eCKHlOA S W> TyHl^ PEAV AXE Peavey >>■ •v;Vv ii .:.>.-5‘ 6REEN1 I ti, i*;V;ii‘> NOy *•*1 FiMIDALE :e?; Mmm %'1 7-XC'-iL'Vi*’ i> ? V !-w* • #• ;-'^ * .. * ;. c'~ ■ vj v. .-.i.^t/'.i;^- •• :a ^-o 1 SEE MAP 76 p__________ mi ii 'f.:; rt:'> • •;>• -;55<v •-■ • • ••••#•* * ^ ^ • ••: • » . w* :T'V/* %* > -• ;»*i- o UJ.J>4-HS> I Ml c. OF SEC. 2- HENNEPIN COUNTY MlNNF«;nTA -117-23 .ISUr V S 00*22* 52* C ITSaVi" <. s 0(W 52* g 2fa00*s^tii M m ! I |i OKTMS !h*'llll 2^81.4® 1*^ • II .BLOCK HMNET<N(A * * ?• i^ I , ...fifwa- ~?v MU3 5M<nr JO* < L-43u0t twyM \ I • N. 1 M Or4r**-t N 0«*» 88* • *% t*.. L I V •5 .. /! I?xKs '-h*p - • •. • \ V ------------- •. • /•*» * aai V II S ‘vSitis ! I 8 % 9 mv ! I » m T-.;'r\ • • • • #••• • • #2506 £ CITYofORONO RESOLUTION OF THE CITY COUNCIL A vy ^NO. •" _____ A RESOLUTION GRANTING APPROVAL FOR SEWER CONNECTION FOR PROPERTY LOCATED AT 465-485 ORONO ORCHARD ROAD SOUTH WHEREAS, Edward Hamm (hereinafter "applicant”) is the owner of property in the City of Orono located at 465-485 Orono Orchard Road (hereinafter "the property") legally described as follows: Exhibit A attached; and WHEREAS, the property is approximately 18 acres in area and contains a principal residence structure containing 8 bedrooms and two individual guest house or caretaker house stmctures each containing 1 bedroom, which would normally require 3 individual septic systems and 3 alternate drainfield sites; and WHEREAS, the existing septic systems serving the 3 dwelling units are interconnected and have exhibited intermittent failure for many years, and are also nonconforming due to lack of 3' separation from the zone of seasonal saturation; and WHEREAS, a site evaluation has been completed by a licensed Site Evaluator and it has been determined that the property contains only two suitable drainfield sites instead of the six that would normally be required, and use of such sites would have the following negative impacts: 1. 2. Use of the tested sites would require continued interconnection of septic systems serving three individual dwellings, and the associated complexities and problems inhereiit in such interconnections, • * * • Use of the suitable primary septic site would require the removal of at least th^ mature pine trees and jeapordize other trees in the area; use of the alternate site would similarly result in the removal of younger trees which provide screening and would similarly jeapordize mature trees in the immediate area. 1-3 Page 1 of 4 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. ^2^1 3.Both tested sites would place a drainfield less than the City minimum requirement of 75' from the existing well. 4.The heavy clay soils on the site tend to create a somewhat higher risk of system failure than other soil types, posing a potential threat to public health, safety and welfare. 5. If the system failed, it would impact 3 separate dwellings, not just one; and WHEREAS, the property is adjacent to the existing MUSA and is near existing municipal sewer lines which can feasibly be extended to serve the property; and WHEREAS, the property substantially meets the criteria established by the City for use of the 50 'floating' sewer units approved by the Metropolitan Council for properties outside the MUSA boundary; and WHEREAS, the applicant has indicated he will pay all costs associated with extension of the existing municipal sewer, connection charges, etc. and will agree to permaiiently limiting development of the 18-acre site to just 3 dwelling units, via deed covenants or other suitable instruments; and WHEREAS, the Council finds that permanently limiting development of this 18-acre parcel to 3 dwelling units would be in keeping with the City’s rural low-density philosophy as detailed in the Orono Community Management Plan, and would provide an ultimate level of development that is suitable for the site given the various site development constraints including wetlands, steep slopes, etc.; and WHEREAS, the Council finds that, in combination, the factors and findings noted above establish that this is a unique situation as compared to others, and that there is a substantial basis to allow approval of the sewer connection subject to appropriate conditions. Page 2 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. _ ^ 9 ; P f ^ Ay c f NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota does hereby approve extension of municipal sewer to the property at 465-485 Orono Orchard Road subject to Ae following conditions: 1.Applicant shall pay all actual costs associated with extension of a municipal sewer line to the property boundary, upon billing of said costs to the applicant. The extension of municipal lines shall be completed by a contractor hired by the City based on a design to be completed by the City Engineer. 2.Additionally, applicant shall pay a connection charge for each of the three dwelling units based on the current connection charge for the 1980-1 Mmnetonka Bluffs project, an amount equal to 3 x $10,930 per the current City fee schedule or a total of $32,790. The connection charge shall be due prior to issuance of a cormection permit for each dwelling unit. 3.Additionally, 3 Sewer Availability Charge (SAC) units will be due at the time of issuance of a connection permit for each dwelling unit. 4.Applicant execute a deed covenant in a form acceptable to die City Attorney that permanendy limits development of the property for residential uses to no more than three (3) dwelling units. The three existing dwelling units may be replaced if applicant chooses to do so, subject to all appropriate permits; and nothing in this approval shall prohibit the applicant from developing the property into three individual lots each conUdning one dwelling umt. 5.Applicant shall formally apply for and obtain a Guest House conditional use permit (CUP) for the two guest/caretaker units on the property, prior to connection of said units to the municipal sewer. 6.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 4 • • » CITYof ORONO mmsm RESOLUTION OF THE CITY COUNCIL 4 2 ? 1NO. Adopted by the City Council of Orono, Minnesota on this 12th day of April, 1999. ATTEST: Linda S. Vee, City Clerk GabrierJabbour, Mayor (1) Property Owner STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 12th day of April, 1999 by Linda S. Vee and Gabriel Jabbour, City Clerk and Mayor respectively, of the City of orono, a Minnesota municipal corporation, on behalf of the municipal corporation. NOTARY PUBLIC STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On ^s _day of , 1999 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 4 of4 I RIM DATE 04/2R/99 HENNEPIN COUNTY PROPERTY XNFORHATXON SYSTEH PROPERTY OWNERS LIST REPORT NO. PACE PIA35A0I 19 BATCH 500 PROP ADOR OWNER NANE TAXPAYER NANE/AOOR PROP AODR OWNER NANE TAXPAYER NANE/AOOR . I PROP Al OWNER NANE TAXPAYER NANE/AOOR PROP AODR OWNER NANE TAXPAYER NANE/AOOR I ' I • PROP AODR OWNER NANE TAXPAYER NANE/AOOR PROP AODR OWNER NANE TAXPAYER NANE/AOOR SO 02-117'2S 2S 0904 •0507 ORONO ORCHARD RD 0 D 0 K N NACNXLLAN DAVID D HACNILLAN PO BOX 9S«0 DEPT 20 NPLS NN 5S440 SO •2>X17-25 24 •••• •054« ORONO ORCHARD RD S SON OSBORN STEELE.0 OSBORN 54B ORONO ORCHARD RD WAYZATA NN 55591 SO •2-117<-2S 51 •••7 •••SO ADDRESS UNASSIONED ROOER J HAWKINSON ROGER J HAWKINSON 570 ORONO ORCHARD RD WAYZATA NN 55S91 SO 02-117-25 51 ••!• •1590 FOX ST JONATHAN 0 0 GRETA N WITCHER JONATHAN 0 GRETA HITCHER 1S90 FOX ST WAYZATA NN 55591 50 02-117-25 51 0049 •0549 ORONO ORCHARD RD S S S 0 J E WEBSTER STEVEN S 0 JO ELLEN WEBSTER 500 ORONO ORCHARD RD S WAYZATA HN 55591 SO •2-117-25 52 OOSS •1540 FOX ST J A NOLAN OJA NOLAN JOHN A NOLAN 0 JOAN A NOLAN 1540 FOX ST WAYZATA NN 55591 50 02-117-25 25 0007 01500 FOX ST W HACHILLAN ET AL TRUSTEES WHITNEY HACNILLAN DEPT 20 P 0 BOX 9500 NPLS HN 55440 50 02-117-25 25 OOOB •0050 ADDRESS UNASSIGNEO LONCRXDGE ASSOC LONGRXDGE ASSOC C/0 ROBERT J THEXLER P 0 BOX 9500DEPT 20 HPLS HN 55440 50 02-117-25 51 0005 •0540 ORONO ORCHARD RD SANDRA S LARSON SANDRA S LARSON 1540 4TH AVE N LONG LAKE HN 55554 50 02-117-25 51 0004 00550 ORONO ORCHARD RD S LAWRENCE E NELSON LAWRENCE E NELSON 550 ORONO ORCHARD RD S WAYZATA HN 55591 50 02-117-25 51 0000 00050 ADDRESS UNASSX6NED ROGER J HAWKINSON ROGER J HAWKINSON 570 ORONO ORCHARD RD WAYZATA NN 55591 50 02-117-25 51 0009 •1500 FOX ST HERBERT D NEYER HERBERT D HEYER BOX 12 WAYZATA HN 55591 50 02-117-25 51 0011 •0570 ORONO ORCHARD RD S ROGER J HAWKINSON ROGER J HAWKINSON 570 ORONO ORCHARD RD S WAYZATA HN 55591 50 02-117-25 51 0047 00450 ORONO ORCHARD RD S KEVIN GARNETT KEVIN GARNETT 450 ORONO ORCHARD RD S WAYZATA HN 55591 50 02-117-25 52 OOOl •0405 ORONO ORCHARD RD S EDWARD H HAHN TRUSTEE EDWARD H HAHN 400 ST PETER ST B454 ST PAUL HN 55102 50 02-117-25 52 0002 •1520 FOX ST ALLEORA W PARKER P L t A W PARKER 1520 FOX ST WAYZATA HN 55591 50 02-117-25 52 0004 •1540 FOX ST W HACNILLAN ET AL TRUSTEES WHITNEY HACNILLAN DEPT 20 P 0 BOX 9500 HPLS HN 55440 50 02-117-25 52 0007 01570 FOX ST S H REYNOLDS ODD REYNOLDS S H REYNOLDS ODD REYNOLDS 1 E DELAWARE CHICAGO XL 40411 • • \ * •» 1 RIM DATE 0A/2R/99 HENNEPIN COUNTY PROPERTY INFORNATION SYSTEN PROPERTY OWNERS LIST REPORT NO. P193599I PAGE 20 ■ATCH 508 PROP ADDR OWNER NANE TAXPAYER NANE/ADDR PROP AOOR OWNER NANE TAXPAYER NANE/AODR PROP AOOR OWNER NANE TAXPAYER NANE/AOOR PROP AOOR OWNER NANE TAXPAYER NANE/AOOR PROP AOOR OWNER NANE TAXPAYER NANE/AOOR SO 02’117-25 S2 0008 000S8 ADDRESS UNASSIONED W NACNILLAN ET AL. TRUSTEES WHITNEY NACNILLAN DEPT 20 P 0 BOX 9388 NPLS HN 55488 38 02-117-23 33 0001 01485 FOX ST L J COE A N E KNUTSON LEANN J COE/HARK E KNUTSON 1485 FOX ST WAYZATA HN 55391 38 02-117-23 33 0002 •1445 FOX ST K A I C A EIRKELAND ET At KAARr 8 CYNTHIA BIRKELANO 1445 FOX ST WAYZATA HN 55391 30 02-117-25 55 8810 81418 SHORELINE OR A HARRISON 8 I L HARRISON ALFRED 8 1N6RID L HARRISON 1410 SHORELINE DR WAYZATA HN 55391 58 02-117-25 55 0011 01401 SHORELINE DR EDWARD H HAHN TRUSTEE EDWARD H HAHN 400 ST PETER ST 8454 ST PAUL NN 55102 58 02-117-25 55 8015 00038 ADDRESS UNASSISNED DAKOTA RAIL INC ALFRED HARRISON 1410 SHORELINE OR WAYZATA NN 55591 58 42-117-25 54 8884 81595 ORONO LA NORWEST RK HPLS-NTL ASC TRST N THONAS - NS8844 C/0 NORWEST TRUST REAL EST 4TH 8 NARQUETTE NPLS NN 55479 58 82-117-25 54 0887 81597 ORONO LA DANA H WELLS DANA H NELLS 1597 ORONO LA WAYZATA NN 55591 50 82-117-25 54 0888 81599 ORONO LA KEVIN R KOKESH KEVIN R KOKESH- 1599 ORONO LA WAYZATA HN 55591 ' 1 i ) , 50 82-117-25 54 8812 81555 SHORELINE DR DON JOHNSON OOUOLAS 0 JOHNSON 4194 CENTER BOARD LA S E STUART FL 34997-4174 30 82-117-23 34 8814 81385 FOX ST ANDREW J 8 J DIANN OOETTEN ANDREW J 8 J OlANN 60ETTEN 1385 FOX ST WAYZATA NN 55391 38 82-117-23 54 8819 88838 ADDRESS PENDINO ANDREW J 8 DIANN OOETTEN ANDREW J 8 J DIANN OOETTEN 1385 FOX ST WAYZATA NN 55391 SO 82-117-25 41 8889 88850 ADDRESS UNASSIOIED NCLEOD CNTY REO RAIL AUTH DAKOTA RAIL INC 25 ADANS ST N HUTCHINSON HN 55558 50 85-117-25 41 0884 81428 FOX ST THE WAKEFIELD ORONO PTNRSHP THE WAKEFIELD ORONO PTNRSHP C/0 ROBERT J THEILER P 0 BOX 9588 DEPT 28 NPLS HN 55448 TOTAL BATCH 580 88852 ■ (Pi /C^ ft f: • 8 • fI rri f 11 • Application Date: Completion Date: 60 Day Deadline: 7/19/99 7/19/99 9/17/99 COI iMrii. mPETINQ AUG 2 3 W99 C»TY OF O h ONO REQUEST FOR COUNCIL ACTION DATE: 8/17/99 ITEM NO : if Department Approyj^ Adminbtrator Reviewed: Name Kris Jenson Title Asst. Zoning Administrator/Plaimer Agenda Section: Zoning Item Description:#2508 James Erler 3448 North Shore Drive Variance Zoning District:LR-IC One Family Lakeshore Residential District (1/2 Acre) Lot Area:12,632 square feet (.29 acres) Application: The applicants submitted an application requesting a variance in order to construct a second story addition to the existing 1112 story home. The building envelope is not being expanded, therefore a hardcover variance is not required, however the Planning Commission recommended that no hardcover variances be granted for this property in the future. PLANNING COMMISSION RECOMMENDATION: To unanimously approve: 1.A variance of 7.6' from the Side Yard Setback in order to construct a second-story addition 2.4' from the property line.. STAFF RECOMMENDATION: To approve or amend the enclosed resolution. COUNCIL ACTION REQUESTED: To approve or amend the enclosed resolution. i A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6(B) FILE NO. 2508 WHEREAS, James Erler and Mary Erler, husband and wife, (hereinafter "the applicants") are owners of the property located at 3448 North Shore Drive within the City of Orono (hereinafter "the City”) and legally described as follows: Lot 18, Lydiard's Park, Hennepin County, Minnesota. (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.25, Subd. 6(B) for a side yard setback variance of 7.6' to allow the construction of a second story addition to the existing home 2.4' fi-om the property line. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota; FINDINGS 1. 2. This application was reviewed as Zoning File #2508. This property is located in the LR-IC Zoning District where the minimum lot area requirement is 1/2 Acre. The property consists of approximately 12,632 square feet or .29 acres. 3.The Orono Planning Commission reviewed this application on August 16,1999 and reconunended approval by a vote of 5-0 on the proposed variance based upon the following findings of fact: A. The existing home was constructed prior to the adoption of the Zoning Code.w Page 1 of 4 4. »m m 5. B.The addition of the second story will not increase the building envelope on the property, nor will it increase the hardcover on the lot. C.The existing house currently meets both the 75' lakeshore setback as well as the average lakeshore setback. D. Two-story homes are located on either side of the applicants home. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air, nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a firont yard setback variance per Municipal Zoning Code Section 10.25, Subdivision 6(B) to permit the construction of a second story to an existing 1 1/2 story home. Approval was subject to the following conditions: 1.No requests for additional hardcover on the lot will be approved without removal of existing hardcover on the property. 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 Page 2 of 4 r h > one year of the date of Council approval, or this variance will expire on that date (August 23,2000) 3.Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate and authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 23rd day of August, 1999. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor ^ Xm Property C m STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of August, 1999 by Gabriel Jabbour and Linda S. Vee, Mayor and City Cleric 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 } STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this___________ day of _199_, before me a Notary Public I' 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 ) j ss. COUNTY OF HENNEPIN ) On this___________dayof__., 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 4 of 4 ...n r TO:Chair Hawn and Orono Planning Commissioners Ron Moorse, City Administrator FROM: DATE: RE: Kris Jenson, Assistant Zoning Administrator/Planner August 9,1999 #2508 James Erler, 3448 North Shore Drive Variance-Public Hearing Zoning: LR-1C, One Family Lakeshore Residential District Application: To add a second story to an existing 1 1/2 story home, 2.4 feet from the side yard property line, where 10 feet is required, a variance of 7.6 feet. STAFF SUMMARY In order to add a second story to the existing residence, a sideyard setback is required. The home currently sits behind both the 75' lakeshore setback as well as the Average Lakeshore Setback. The addition v^ll not result in any changes of the building envelope, however, hardcover calculations have been submitted as required. A hardcover variance is not required for this application. This lot is part of 2 - 75'-250' lakeshore setback zones. A small triangle-shaped part of the lot is within the 250'-500' setback zone. The only hardcover within 75' of the lake is County Road 51, North Shore E)rive. The height of the proposed structure is 28'. Pertinent Ordinance Section 10.25 LR-IC One Family Lakeshore Residential District, Subd. 6, Area, Height, Lot Width, and Yard Requirements (B) Lots. The minimum side yard shall be 10'. ANALYSIS LR-IC District Standards Lot Area Lot Width Front Yard Rear Yard Side Yard 1/2 Acre 100'30'30' 10' Lot Area Lot Width Front Yard Rear Yard Side Yard .29 acres, 12,632 sq. ft. 50'160'+to lake, 85' to Cty. Rd. 51 72'10', 2.4' §2508James Erler, 5448 North 5Aofr Drive Varkmce August 9,1999 pagt-l r , L Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover 0-75'1,310 s.f.0 s.f (0%) none (0%) 0 s.f (0%) 75-250'^^9,230 s.f.3,068 s.f (33.2%) 2,307.5 s.f (25%) 3,068 s.f (33.2%) 250-500'39 s.f. 36 s.f (92.3%) 11.7 s.f (30%) 36 s.f (92.3%) ♦♦Note that these figures reflect the hardcover in both 75-250' zones, and a portion of the lot is in both zones. Please refer to the survey STAFF RECOMMENDATION Staff recommends approval of the variance to allow a second story addition to the existing residence at 3448 North Shore Drive with a sideyard variance of 7.6'. Exhibits: A B C D E F G Application Location Map Plat Map Survey Elevations Hardcover Calculations Neighboring Property Owners List §2508James Erler. 3448 North Shore Drive Variance August 9. 1999 page-2 h A Application# CITY OF ORONO - 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) Date Received Amount Paid ^ PROPERTY INFORMATION , Site Address A]a/zJI4 d)/^ Property Identification Number (P.I.D.) 7 - DdOli- Attach legal description to application if not included on required survey. Date ProDeitv>«^cquired _____________________________________Propjpi^t^ I (do]|^o noO/Uso own the^adjacent parcels of land. raTBe"^roroi (month/year) PreseraTBe"^rproperty; '^Residential Zoning District: i ^ other (specify). applicant : Name ■ Address;«3V^ Phone (home ) S^7/ ^ 1 Phone(work). .VI ar y-jR j^%^/g/r/)gitv: ZiD:v5T^^^/ OWNER (if different thw applicwt) Name Address: Phone (home). Phone (work). City:.Zip:. DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: Md ^^TClClTiM i^rri1^, ^ (attach additional sheets if necessary) VAIOANCES REQUIRED Lot Area Lot Width Hardcover Lot Coverage ^ Setback:Front XSide Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements:________________________:___________ t i (attach additional sheets if necessary) BEQUIRED SUBMITTALS All of the following information must be submitted bv the application deadline date in order for vour application to be considered complete? r 1. 2. ./ 3.v/ X 5. 6. y/ X I# X- Completed Application Form •Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map firom Hennepin County Department of Finance, A-603, Govt Centecr^id&-13LTl^ 3^^ 3^ IO Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 814" x 11” for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8V4" x 11” for reproduction. Sketches or plans of floor & elevation views provide one (1) copy 8!4" x 11”). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that yftim: variance application is not complete if the above Information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by ori^nal fee payment) and/or consultant expenses incurred in review of this application, and certifies that the ^ ^ information supplied is true and correct to the best of his/her knowledge. Applicant's Signature OWNER'S SIGNATUL- The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council ^ members for purposes of investigation and verifi^tion of this request. » j ('1 Date ~^/lo/'Owner's Signature d / ^ Applicant must ha(Ce all submittals into the City ofQces 25 days before the Planning Commission Meeting. Planning Commission Meet’mgs are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Build'mg & Zonint "... ffice of this change prior to the meeting. *L. f' Adjacent Property Owners* Acknowledgement Form I (we) [print name(s)][print address] have reviewed the plans for the proposed improvement or proposed use of the property located at ___________________also referred to as Land Use Application No.________ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor ’s project or use requires Council approval. Property Owner Date Property Owner Date I (we) [print name(s)][print address] have reviewed the plans for the proposed improvement or proposed use of the property located at ___________________also referred to as Land Use Application No.________ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed ndghbor ’s project or use requires Council approval. # ■ i Property Owner Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning OfBce at least 10 days prior to the scheduled meeting date. S I *3 1800 UMI fMH RO C \ 1(1 SEE MAP 61 r— •5Sn3“*wtttW*wr Jennings r^i Bay'll. m, MINNETRISTA ». I Bfal^flMOO I HTBrl I"* f ivm \y ■ ' Harrison Langdon Lake ml m LIBiiH?U mm ■mu m Ml liv»3 I GlBl* 1.7.Y4l«f U C^ks . Bay^ ‘ ' MOUND 4000 I v2/SEE MAP 89 HHiiinetonka • *y 7 ’ • •.:■.,:••• /• •«»••••• Ct9»4 mm S m \ 1200 reroT^J^,LJ I North ■ A''"1 • .. ;i lI-j ' , v Maxwell , '^:g^B>sy-y ’' y ^ Bay^y.yyy P'»a< • ^‘W°' DBERINQ*’-^' ISLAND ^ ■*:V ?*vi5Uirui \ »M L < • # •• iT • • Vi' ?Spri«J rV^teTut• ^ • « IL_«» I 'carmai^>\ -. ■• •;••'" •■VV --*<vLn /i ^•e>\ m T^’. ' '.:• '-‘•■ Sit ORONO •. •; ■** ■ ** » war •>;;4i^i«£^ •,. SHADY ^> ■ V .•• Y ” ISLAND^ T ♦ .t enchakto;-^,> : . ISLANDV'.r. * *- *•.' * ! w « ..HaimrdtrcU WTW^.D*>;iA: ^ -Jp rr^:?V:V .- -j .' fSHOREWOOD " ■-V"’ 1®^ ■itil n“ '*1 eEMAP89]'s « (» h dt- /I7~c33 • ! • : # • V'- • * *• * • •\ . * • . .• . %• i **• • • •• -«,r 1 — : • • • . t-* • •'C ertificate of survey for ; \ t '.-y^o vr-y-, ■ •/ dlMER^^^ ;IN LOT 18/LYDIARb'S PARK , i HENNEPIN COui iTY-MINNESOTA ICSAL OISCtlPTIOII OF PtCWISIS; All tAit pirt of tAt SOtftAvftttrly Atlf 0f lot 18, *Lydlord*i Pork* Likt Nionttonka. Ijrlnj SoutAtatttrly of a (liio paralltl vUA and distant I9>.S6 faat NortAwoitorly froa tAt bast lint at lAoon on*tAa original plat of "lydlard Park* lako Nlnnotonka. togolAor with an oaitotnt fo* roadway purpotos ovar a roctangolar ploet of land 80 by 24.S foot, dticrlbod at follows: Coaaonclng at a point II7.S0 foot OortAwottorly froa tAo bato lint of tald lot IS. and 20 foot OortAoasttrly froa tbt Southwfttorly tldt lino of tald lot. and Okttnding In a ItortAwotlorly dlrtctlon. a dltlanco o' 24.S. paralltl w»lA tald SootAwotUrly tido lino: tAonct SowtAwottorly 20 foot to tald SoutAwotttrly tIdo lino, and paralltl to tho said bato lino of l)t It; tbonco along tbt SoylAwattorly tido lino of tald lot II In a Soutboattorly dlrtctlon a dlttanco of 24.S foot; thtneo In a HoriAoattorly dlrtctlon along a lint paralltl to tald bato lino, a dltlanco of 20 fatl to lAt point of boginning. •: dtnoltt Iron narktr tot •: dtnoUt Iron narktr found Itarings shown art bastd wpon an atsuotd datun. This turvty Inttndt to show tAt boundaritt of tho abovo dotcrlbtd proptrty. lAo location of an ositting Aowtt. garagt. and shod* and tho location of all omitting *Aardcovtr* tboroon. It dots not pwrport to show any olAtr Inprovtnonti or tncroacAatntt • t? / r ■C\TWC*k fHfV • iwnmiin ► 'rhFFlN^GRdNBEi^ i I Ow ||«r» d tw ^ (' s. r i n i • y Uui i. Cw»*n. Uiirf >n»Kt irv I-.2D ’ i>*« \ •.•vo - ! 9S-J79 ■ I n ilPHIfifl ■■nHIH vsi. i:-3 \ m r "LL,, ..............lUM 'c-; m • 9u X V r- i!i:i.rf ';.' 4MS-! '«'! ^^mmrrT\‘i= (i'^1 • •• • • • 9499^ niriiin!'. HiMtidUi i ♦ •I- .4 I ^c^aitrn f^oofir' P*^*^ ^4fH«(5)08Lt^ P* 7c> :: *• ^ f: f I !• . t i '»1 ! ,l •. JiM HARDCOVE *'SETBACK Z0N2; (CIRCLE ONE) VVUKKbtlEE j 25-500’ ■75-250’500-1000' f/A»rEXISTING HARDCOVER IN ZONE • • « ► *. • f . * .» .* • • • • . • Ac House > ^ ^ ••s;e. Leofth Widib «• • •••••« • • m • ••*. • •• X X X S.I:.... S.F. •.V.*-1.- B. Garage . C, •privcway -•X X 1:__^s.F. _____S.F. «• O . S.F. * S.F. r* fti* t •p D. Sidewalk......... . ; .r .. . . T • 1 * •*(••». <%*• E. Patio/Deck • • • •• X ‘ X P • i ' • • •• • F. Landscape • • • • • • X ■ V .Underiain 'X'A • t‘By Plastic.X *7.;{•Or Fabric •• • • • • ■ ft • Mi • G. Other « X • r f • •.-S-F... • S.P.“ .1 S.F. ■>S.F. I •• . t • S.F. S.F. S.F. • ••• • • • % m •• • • • 1 • - • • !• r S.F; • • •• • ••. « TOTAL HARDCOVER IN ZONE "“TOTAL PROPERTY AREA IN ZONE • A...... •* • Q **" ® - , t /3/0.X 100 O S.F. A /3a& i S.F........B o " % PROPOSED HARDCOVER IN ZONE ‘•‘p A. House • • •Length * Width X X -X B. Garage C. Drivewy X X D. Sidewalk X X . .. . ••• . ................... • - • ar •• t • • • • • • • • S.-H* • i V**----------- . .. -- ^ ^ n jf • . ______^s,F. ______________ ■ . . ---------------------- • Z— ■ » • E. Paiio/Deck X X * •• ft F. Landscape Underlain By Plastic • MB* *•• •• 1*^Or Fabric • • X X X. I m Ul O. Other S.F. .........TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ■ ♦ » . • • • . I X 100 ' S.F. ■" S.F. " % A B • • r • • •, • • • t •• • . • • • •• ..... • ••.* • « • 14 VI • • •• • J |)M. I% •• TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE Ce>.t^6. f JAit 30Cb ■r B X 100 2 4 S.F. S.F. % A B PROPOSED HARDCOVER IN ZONE A.' House Lcnfth •Width X -x S.F. • . t • •. S.F. B. Garage • • • 4 C. Driveway • • •• I • •• t •• X X S.F AS.F. A i S.F. / / V D. Sidewalk X X t ••js:f. S.F E. Pa(io/D.eck : c\- X X F. Landscape Onderlain By Plastic Or Fabric X X X • #** S.F f IP... . . S.F.. "si. % 32's:’f. • •• S.F.' G; Other X_____S.F. m • 9m TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE .... ... 4* .X 100 .. - S.F. A ■ S.F. • B " % i 9^9 • to ••• • .1 • •«••• •• ••• • •* • • • \ . j > HARDC0\4:FrCALCU VVOK^^xtfeiBisT^ E; (CIRCLE ONE5 0-75 ’ 75-250 ’“ SETBACK ZOSnE; (CIRCLE ONE) EXISTING HARDCOVER IN ZONE 500-1000’ s:fc 8? i!i Length • • •X WMib S.F. X es S.F. X Z? S.F. 1 - • • B Garnce x‘ • . . . i (S • t •............. S.F. ‘1 \ • C. Driveway ^ B • X •• * 13 S.F. is * • X . .. ... ts •• S;F.' • • »• D. sidewalk • t X • • • • s i • • • ••• S.F. i?.S.F. • • • % • • • E Patio/Deck • • • ^ . ... • • • • • ^ » •- - * • S.F. • li X -S.F. . • 1 • P • F Landecaoe • • X .............. • . * f ...1 . .s.f: « 1 t Underlain X ..S-F> •Bv Plastic X s.f. • > Or Fabric • • ••• • •« •• • 1 •$ • G. Other • • X . • •• • ••S.F.‘’'‘- • • • • •• • l» • •• TOTAL HARDCOVER iN ZONE . TOTAL PROPERTY AREA IN ZONE A ■ ■_ _ _ _ _ _ _ _ _ _ ® ..X 100 ^2.31 S.F; S.F. % A B PROPOSED HARDCOVER 'iN ZCJNE A. House _____________ ^S.F. Length .Width •• • • • • •• ••X X X B. Garage C. Drive\)^ay X X . D. Sidewalk X X • • # • * E. Paiio/Deck _X X F. Landscape Underlain By Plastic Or Fabric X X X O. Other • • •rnmmM * • • • •• • • TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE- A ■ ■ ' ■ ♦ ® • xioo.. r .« ••• •• ••• •• • • • . r..* . • • .• ••• • • ■ ». . • VI • ^ • .i • • • *. • • • Iv- ^ .r C C • • I RUN DATE 07/06/99 BATCH 502 PROP ADOR ONNER NAHE TAXPAYER NAHE/ADDR 36 06-117-23 92 0005 03930 NORTH SHORE DR S J t A C TRAMICK STEVEN i ALICIA TRANICX 29 DEEPHOOD RD BEDFORD NY 10506 PROP ADDR ONNER NAIffi TAXPAYER NAI^/AODR 36 06-117-23 93 0013 03960 NORTH SHORE' D!l BRUCE A NUSBAUN BRUCE A NUSBAUN 3960 NORTH SHORE DR NAYZATA HN 55391 PROP ADDR ONNER Wm TAXPAYER NAHE/ADDR 36 06-117-23 93 0021 03950 NORTH SHORE DR NXLLIAH C ODDEN NILLXAH C ODDEN 3950 NORTH SHORE DR WAYZATA HN 55391 ftiP ADDR nane TAXPAYER NAHE/ADDR SS 0S-117-2S 45 0*24 •5448 NORTH SHORE OR J 8 H ERLER JANES S HARY ERLER 5448.NORTH SHORE DR . NAYZATA HN S5591 HENNEPIN COUNTY PROPERTY INFORHATXON SYSTEN PROPERTY ONNERS LIST 58 08-117-25 45 ••27 PROP AOOR •5480 BIRCH LA ft ONNER NAHE 0 S 8 D K IN6VALS0N TAXPAYER DOUGLAS 8 DEBORAH IN6VALS0N NAHE/ADDR 5480 BIRCH LA . NAYZATA NN 55591 58 08-117-25 45 •••! 05474 BIRCH LA T N BERNARD 8 L K BERNARD THOHAS N BERNARD 3470 BIRCH U NAYZATA HN 55591 38 08-117-23 43 0019 03440 NORTH SHORE DR DAVID J LINDBERO DAVID J LINDBERO 3440 NORTH SHORE DR NAYZATA HN 55591 38 08-117-25 43 0022 •5444 NORTH SHORE DR NILLIAN D ROBINSON N D ROBINSON 5444 NORTH SHORE OR NAYZATA HN 55391 38 08-117-23 43 0025 03458 NORTH SHORE DR A K EVANS 8 N K EVANS ANY K 8 NAOHI K EVANS 3458 NORTH SHORE OR NAYZATA HN 55391 38 08-117-23 43 0028 00038 ADDRESS UNASSIGNED HENNEPIN FORFEITED LAND CITY OF ORONO P 0 BOX 88 CRYSTAL* BAY HN 55325 REPORT NO. PI435401 PAGE 3 38 08-117-25 43 0012 03470 NORTH SHORE DR HAROLD J BROUELLETTE HAROLD J BROUELLETTE 5470 NORTH SHORE DR NAYZATA HN 55391 38 08-117-23 43 0020 •3442 NORTH SHORE DR GERALD J RAY ETAL GERALD J RAY 3442 NORTH SHORE OR NAYZATA HN 55391 38 08-117-23 43 0023 03450 BIRCH LA E R ENGLER.8 B ENGLER EDNARO R 8 BONNIE ENGLER 3450 BIRCH LA NAYZATA HN 55391 38 08-117-23 43 0028 03480 NORTH SHORE DR RONALD- TRUHAN CLOUD RONALD TRUHAN CLOUD 3480 NORTH SHpRE DR NAYZAT.1 HN 55391 • J TOTAL BATCH 502 00014 . f • . • • H ! •• 1 A. • ? ) » •') i 1 zI f Application Date: Completion Date: 60 Day Deadline: 7/20/99 8/10/99 10/9/99 CO» »Mr:iL MEFTINQ AUG 2 3 1999 Cl IY Ul- UttONO REQUEST FOR COUNCIL ACTION DATE: 8/17/99 ITEM NO: Department Appro^l: Administrator Reviewed: Name KrisJensoiM^ Title Asst. ZoningAdministrator/Planner Agenda Section: Zoning Item Description:#2509 Andrew and Kristen Ronningen 3030 Casco Point Road Variances Zoning District:LR-IC One Family Lakeshore Residential District (1/2 Acre) Lot Area:30,927 square feet (.71 acres) Application: The applicants submitted an application requesting variances in order to construct a 22' X 24' two-story home addition. The lot is currently at 24.2% hardcover within the 75' - 250' zone including the plastic underlay. Once all of the plastic is removed and the addition is added, the hardcover will be at 24.6%. PLANNING COMMISSION RECOMMENDATION: To unanimously approve: 1. A variance from the Average Lakeshore Setback in order to construct the home addition, with the condition that all plastic underlay in landscaping areas is removed. STAFF RECOMMENDATION: To approve or amend the enclosed resolution. COUNCIL ACTION REQUESTED: To approve or amend the enclosed resolution, i A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1(B) FILE NO. 2509 WHEREAS, Andrew Ronningen and Kristen Ronningen, formerly known as Kristen Forss, husband and wife, (hereinafter "the applicants") are owners of the property located at 3030 Casco Point Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 3, Block 1, Kelly's 2nd Addition, Hennepin County, Minnesota. (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.22, Subd. 1(B) for an average lakeshore setback variance to allow the construction of a 22' x 24' two-story addition to the existing home. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File #2509. This property is located in the LR-IC Zoning District where the minimum lot area requirement is 1/2 Acre. The property consists of approximately 30,927 square feet or .71 acres. 3.The Orono Plarming Commission reviewed this application on August 16,1999 and recommended approval by a vote of 5-0 on the proposed variance based upon the following findings of fact: A. The neighboring residence to the West was constructed after the applicant’s home. Page 1 of 4 1 4. 5. B. Mature trees are located along both the East and West property lines, extending past the average lakeshore setback line. The proposed house addition will not block or interfere with the neighbors' views of the lake. D.The applicants have agreed to remove all the plastic underlay within the landscaping areas, a total of approximately 436 square feet. E.The construction of the house addition will not e.xceed the allowable hardcover for the 75' - 250' zone once the plastic is removed, and the total hardcover for this zone after the addition will be 5,221.2 sq. ft. (24.6%). 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 vziriance would not adversely affect traffic conditions, light, air, nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants an average lakeshore yard variance per Municipal Zoning Code Section 10.22, Subdivision 1(B) to permit the construction of a 22' x 24' two-story addition to the home. Approval was subject to the following conditions: Page 2 of 4 r 1.All plastic underlain landscaping must be removed at the time of construction and will be inspected as a part of the building inspection. 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 ’ ariance will expire on that date (August 23,2000). 3.Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate and authority granted herein, and shall be punishable as a misdemeanor. 4.The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 23rd day of August, 1999. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of August, 1999 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota Page 3 of 4 4 r municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this___________day of__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 County, personally appeared .known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 4 of 4 7 TO: FROM: DATE: RE: Chair Hawn and Orono Planning Commissioners Ron Moorse, City Administrator Kris Jenson, Assistant Zoning Administrator/Planner August 9,1999 #2509 Andrew Ronningen, 3030 Casco Point Road Variances-Public Hearing Zoning: LR-IC, One Family Lakeshore Residential District, 1/2 Acre Application: To construct a two-story, 22' x 24' addition to the existing home. STAFF SUMMARY The applicants have requested variances to construct a 2 story, 22' x 24' addition to their home. In order to approve this request, variances are required for Average Lakeshore Setback, as well as hardcover within the 75' - 250' zone. The site does not exceed structural coverage limits. The proposed addition will meet the existing roof line of the home, and will be approximately 16' at the peak. However, with the proposed addition, the site will exceed the allowed hardcover for the 75' to 250' zone. Eighteen patio blocks (18 so. ft.) are being removed for the addition, however. Staff feels that in there is a large amount of landscaping with plastic underlay that could be removed in order to allow for the addition and stay under the 25% hardcover allowed. Pertinent Ordinances: 1. Section 10.22, Subd. 1, (B) No principal or accessory structure shall be located within 75 feet of the lakeshore nor closer to the lakeshore than the average distance froir: the shoreline of existing residence buildings on adjacent lots. 2. Section 10.22, Subd. 2, Lakeshore Hardcover and Land Alteration Regulations. Within 75 to 250 feet of the shoreline there shall be no greater than 25% hardcover. ANALYSIS Lot Area and Yards LR-IC (1/2 acre) Lot Area Lot Width Lakeside Yard Side Yard, Street Side Yard Street Yard Required 21,780 s.f.100'75’10', 15’30 ’ Proposed 30,927 s.f.97’, 155 ’ at 75’ setback line 75’20’, 20’48 ’ H2509 Andrtw Ronningen, 3030 Ca^co Point Road Variance Augusts, 1999 pagt-l Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0-75'9,375 s.f.4 s.f. (.4%) none (0%) 4 s.f (.4%) none 75-250’21,252 s.f. 5,147.2 s.f (24.2%) 5,313 s.f (25%) 5,657.2 s.f (26.6%) Permit more hardcover than allowed 250-500'300 s.f.152 s.f (50.6%) 90 s.f (30%) 152 s.f (50.6%) none Structui”al Coverage Total Lot Ste Total Structural Coverage Percentage 30,927 s.f Existing: 2,841.6 s.f Proposed: 3,413.6 s.f 7% 11% Issues 1 . The applicants state their hardship on the application form. 2. According to the hardcover calculations, there is 4j6 so. ft. of landscaping underlain by plastic. STAFF RECOMMENDATION Staff recommends approval of the average l.^eshore setback variance to allow construction of a two-story, 22' x 24' addition, provided that 350 square feet of landscaping area with plastic underlain, within the 75' to 250' zone is removed from the landscaping areas prior to construction of the addition. Exhibits: A B C D E F G Application Location Map Plat Map Surrey Elevations Hardcover Calculations Neighboring Property Owners List U2509 Andrew Ronningen, 3030 Casco Point Road Variance August 6. 1999 page-2 A Application # ^ ^ Date Received " ’lj’i-o/49 CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION A o Site Address____3030 (SoiSCQ ixQC^ci Amount Paid Z^O Property Identification Number (P.I.D.) AlT* V ^ ^ ^ f CA Attach legal description to application if not included on required survey. Date Propen^ Acquired_______iO ___________________________(month/year) I (do) also own the adjacent parcels of land.* V . .k. V Present use of property: residential Zoning District: I ^^_________ other (specify). APPLICANT ■ A- ^ Phonefhome) ____ Name A. "id 1 1'nq Phone(work) Address: 'l0.3O Ca^ti <Vij- ^f^<di City: CV^VaO _____Zip: i OWNTER Of different than applicant) Name Phone (home). Phone (work). Address:City:Zip:. DESCRIPTION OF REQUEST Estimated Construction Cost $. Describe request in detail: ~fw<o ley'll jp KV>gi't‘<Lkl rd:^Tl.'y\e oluxA <^y,-fgrrqA. u/rll cai^-fisn^ aiA (AfsTfiTrs I , , (attach^dditionalstreets if necess^ / 4-Y a ^ec\.'lUrs VARIANCES REQUIRED 4/ctuv - Uwe. ^ ^s: txif Lot Area Lot Width ___Hardcover Lot Coverage Setback:Front Side Rear y. Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual properly conditions preventing compliance with Zoning Code requirements: "TKg. <Xs/e cur oiv^ our "tWf) \ne\^\VQC^ r>n c.a p I'"a <l€. . Tkig—hrlr^i^ in n J (attach additional 'sheets if necessary) _ , ^ K/€si^ 7s ne*^ sTnce Oi/r fi^rcl^c^se' -L "f" »s oJ'/^ (yi^€r -rUoct a^yy •fKrs vcLrrai^ce. due, s7f(/<\'frdn. REQUIRED SUBMITTALS All of the following information must be submitted bv the application deadline date in order for vour application to be considered complete; 1. 2. 4. 5. 6. 7. 8. y Completed Application Form __ Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map fi’om Hennepin County Department of Finance, A-603, Govt Center, 348-3271). 3. __ Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as reejuired. In addition, provide one (1) copy 8Vi" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in exis^g grade are proposed. In addition, provide one (1) copy 8Vi" x 11" for reproduction. Sketches or plans of floor & elevation views provide one (1) copy 8Vi" x IT). y List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. __ Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that yowE variance applifatinn is not complete if the above information has not been includcdt APPUCANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is tru^ and ^correcT^o the best of his/her knowledge. Applicant's Signature *7“^ OWNER'S SIGNATURE The owner hereby acknowledges and agrees to tins application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purpose^of inyestigatran and verification of this request. v\ y\Date “7' \ Owner's Signature Applicant must have all submittals into the City oflBces 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the^ Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, plewe make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. Adjacent Property Owners' Acknowledgement Form I (we) [print name(s)][print address] have reviewed the plans for the proposed improvement or proposed use of the property located at__________^________also referred to as Land Use Application No.________ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date Property Owner Date ********** I (we) [print name(s)][print address] have rewewed the plans for the p ^posed improvement or proposed use of the property located at___________________also referred to as Land Use Application No.________ I (we) understand that in executing this acknowledgement, I (w?) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed ndghbor*s project or use requires Council approval. Property Owner Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submi*. your comments to the Building & Zoning OfiBce at least 10 days prior to the scheduled met^ting date. 8 i f • I i S MMTflllf MtfV «l«l I SEE MAP 51 i 5^^ Jenjungs l(l'^ c;* •AMI PAM N I 1600 MINNETRISTA 2400 ••Mt /SB 2CT0 VtOOiMI Mi O' 'Z*. ^Lake i ■ Eii/N> luiif i'l iT*‘"1 \r^catttitT Vru II u ’'Harrison ■Am i< Langdon ■tlfN fisriitf I4HS? U •••UMALI M C^s Bay MOUND Kings rctnt V ''Hatun N !V Hardscr^te faint MunrtS w :>N ^ J / Lake Minnetonka i SEE MAP 89 . V • % «)••• ••• .‘ ‘ ; V 4 . VJ-v' -• - - ^^ , •« • “• *■« ! I. —*a r::T * ■ (.'• s^‘ ‘'ll V'-i'l' GENERAL CONTRACTU! ;> JEFF DANBCH ftO BOX 245 • SPRING PAHK, ivim\u^£>OTA 55384 j f tn PteKc-nofc: -tnc calc^. -ftr-itu cUetmo&\^catM6c^ inc tr>io me> ^U-ffia^ -jo tea<!l £Uic to -hM-gwveyo^ ra&dcovbr calculation WOl SETBACK ZONK: CCDtCLE ONE)T9naff tr igaarawKA]• i J ♦ A Hoon ^ JDU -.•Al • • » 9^»i k wy«i X X « .• t B. C. Oing» OilvHny D. Stdewane X X S. Paiio/D«ek X X F. LaddK«H UodtrUio By Fltttk X X X 0. OdKr TOTAL HA103C0VU IN ZONE TOTAL PROPSRfY AREA IN ZONE _ * B X loa CD aARDCOVER IN Z A. Koum _________ •JkI L4H9b VVMk X X X B. CiMift C. DttyMuy O. Sktowalk S. MNDadc F. taatficapt UKfttWa By Plattie O. Otter X X A TOTAL KAEDCOVBft IN ZONE TOTAL PROPERTY AREA IK ZONE ___ t« B X 100 - •f «o-t«r ZJf. 9J. S.R. S.F. S.P. S.P. S.P. 3.P. 5.F. 3.F. S.F. S.F. S.F. S.F. S.F. 5.F. % S.f. S.F. SP. S£. E.P. S.P. S.F. S.P. S.P. S.P. S.P. S.F. SJ. S.P. S.P. S.F. S.F. % A 3 A B • • • • *£1 v> • cO*d 9T3f6fc t^zfr^t/“9Tn • *c%i f 13<^^rt5^IW"XWTRnwnC • IJTW-4 Oi OD AddBatwa 3Hi WOdd WrlrCI eStoT-CT-iO 1 ‘" > '4 HARDCOVER CALCULATIOPLWORKSHEET SETBACK ZONE: (CIRCLE ONE)0-75' HARDCQW IN ZONE ^ 250-500’ 5/ 500-1M0' Leagih WUih X X X B. Garage •• ' • C. Driveway D. Sidewalk 1. Patio/Deck 1 /j6F. Landsc^ ___ Uaderlain ___ By Plastic ___ Or Fri)ric G. ^2- X X X X X X X X X / TOTAL HARDCOVER IN ZONE ONE ^ ^ - •i* B 2lt5Z^ X100 TOTAL P^PERTY AREA IN ZONE PROPOSED HARDCOVER IN ZONE A. House B. Garage C. Driveway D. Sidewalk E. Patio/DKk F. Landscape Underlain By Plastic Or Fabric i*t. 1/^ Leoiib X X X WUih •2-*2. X X X X X X X X X 1 O. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE . A + B X100 itm .S.F. S.F. • S.F. B .S.F. . S.F. •2266 • S.F. .S.F. B Sjf • S.F. B .S.F. !^.k>S.F. .S.F. » JP__S.F. S.F. ICS _S.F. m.(^_S.F. 5/^.2.S.F. "S.F. •9g%m wj ^ • ]4p^_S.F. B S2S.S.F. "S.F. cs "s.F. 55^2._S.F. -23SS S.F. ”S.F. S.F. 'b "s.F. - S.F. "s.F. B S.F. 8 "s.F. B "s.F. ■X tfiA • _S.F. S.F. niVh^ S.F. ¥! Is. ■% A B A B ^\Ufveijo^ • • HARDCOVKR CAlXnULATION WOK STTBACIt ZONCt (CmaUK <NfK) 0»7S^ sr . ./X • • ii --• •• i.l 9. Qcngn • • C. Dthtwiy M X X X X X • • « D. Sti!««alk B. 9mkofDucat X X F. r<niT»rnp» Uaik;l<is By Phitfe .X X X O. Otter TOTAL HAKOCOVBR W ZONE TOTAL PKOPBRl'Y AREA IN ZONE •»• B 3^^X 100 ^ A. Keois HAancnviai in 7j VUiii X X X TOTAL KAM)COVB]t |H ZONE TOTAL PROPERTY AREA IN ZONE A ___ + B X 100 as. SJ. as. as, 5.F. S.F.as. S.P. S.P. S.F. S.F. S.F. S.F. S.F. S.P. ____1» S.F. S.F. 3.F. S.F. S.P. S.F. 5.F, 3.?. S.F. S.P. as.s^. 5.F. 3.F. 3.P as. % 7\ A B A B r0’= 9T5ftT.3 I “w • • CD Aaaaa-wa 3hi woad wbsitoi 6€9i-ot-30 1 MM DATB •7/2t/f9 BATCH 89B ONNEH NAHE TAXPAYER HAHE/AOOR ONNER NAHE TAXPAYER NAHE/AOOR i PROP ABM ONNER NANE TAXPAYER NANE/AOOR PROP AOM ONNER NAHE TAXPAYER NAME/AOM «- PROP ABM ONNER NAHE TAXPAYER NAHE/ABM HENNEPIN COUNTY PROPERTY XNPORNATION SYSTEN PROPERTY OWNERS LIST M 2R-117-25 M Mtl •SPSS CASCO POINT RD T BERTNIAUHE/C KACHENHEXSTER THONAS B BERTNXAUHE ' BBSS CASCO POINT ROAD NAYZATA HN BBS91 SB 2B-I17-2S M BB25 BSB2B CASCO POINT RO E LXN06REN JR B B LINMREN E LINOOREN JR B B LINDOREN SB2B CASCO POINT RO ORONO NN SBS91 M 2B-117-2S 42 BBSS BSfSS IVY Pi B D LINOOREN SEA LINOOREN B B LINOOREN B E A LINOOREN SSS5 IVY PL NAYZATA NN B5S91 SB 2B-117-2S 43 BBS7 BBBSB AOMESS UNASSXONEO DONALD JANES KAVANAON DONALD J KAVANAON SBSB CASCO POINT RO NAYZATA HN BSS9X TOTAL BATCH SBB BBB12 SB 2B-117-2S 54 BBBS BSBIS CASCO POINT Rl R 0 LAURIE ETAL R 0 LAURIE SBlf CASCO PT RD NAYZATA HN 55391 SB 2B-117-2S S4 BB2B BSB24 CASCO POINT RO TRACEY L HORRON TRACEY L HORRON SB24 CASCO POINT RD NAYZATA HN 55S91 SB 2B-117-2S 4S BBSS BSB4B CASCO POINT RO J H NOOAN ETAL JOHN B SUSAN NOOAN 4432 ENERSON AVE S NPLS NN 554B9 • SB 2B-117*2S 4S BBSl BSBS4 CASCO POINT H SCOTT A REDIOER SCOTT A REOIOER 3B34 CASCO POINT RO NAYZATA HN 55S9I REPORT NO. PI4SS4B1 PAOE 19 SB 2B-1I7-2S 54 BB12 BSB45 CASCO POINT RO R A HASTENS BBC KASTENS RICHARD A/BARBARA C KASTENS SB4S CASCO POINT RO NAYZATA HN 55591 ■ n:- A* .' f'y • SB 2B-1I7-2S 42 BB29 BSS25 IVY PL 0 L CUNNINOS B N N CUHNOiBS DANIEL L B NARTHA N CUNNINOS S525 IVY PL NAYZATA HN 55S91 <-' J-'' SB 2B-117>2S 4S BBS4 BSBSB CASCO POINT RD DONALD JANES KAVANAON DONALD J KAVANAON SBSB CASCO POINT RO NAYZATA HN 5SS91 c 0f) . SB 2B-117-2S 4S BB52 BSBSB CASCO POINT RO K H PORSS B A V RONNINOEN A RONNINBEN B K PORSS SBSB CASCO POINT RD ORONO HN 55S91 J i • > J . ./ J J Application Date: Completion Date: 60 Day Deadline: 7/21/99 7/21/99 9/20/99 COUNCII. MPETINQ AUG 2 3 1999 CITY OF OHONO REQUEST FOR COUNCIL ACTION DATE: 8/17/99 ITEM NO: Department Approval: Administrator Reviewed: Name Kris Jenson Title Asst. Zoning Administrator/Planner Agenda Section: Zoning Item Description: #2515 Tom and Maureen Palm 1685 Concordia Street Variances Zoning District: Lot Area: LR-IC One Family Lakeshore Residential District (1/2 Acre) 14,200 square feet (.33 acres) Application: The applicants submitted an application requesting a variance in order to construct a 30* X 30' garage. The current garage sits one foot over a sanitary sewer easement, and the new garage will be moved further back on the lot and off the easement. Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0-75*3,876 s.f. 862 s.f. (22%) none (0%) 862 s.f. (22%) none 75 ’-250’9,060 s.f.3,085 s.f. (34%) 2,265 s.f. (25%) 2,746.5 s.f. (30.3%) Permit more hardcover than allowed (Reduced from existing) 250'-500 ’1,263 s.f.411 s.f. (32.5%) 378.9 s.f (30%) 426 s.f. (33.7%) To permit additional hardcover The applicants originally proposed a 30' x 30’ (900 s.f.) garage, however, a side yard variance would 1 J rs . have been required, due to the fact that the garage was classified as an oversized structure (required 15' side yard setbacks), as well as the concerns over structural coverage and hardcover. Therefore, the applicants voluntarily reduced the garage to 25' x 30' (750 s.f.) which eliminated the need for the side yard variance. The new garage will back up to the easement, will be 25' deep, and then have a 53' bituminous driveway, 26.5 feet wide at the garage doors. Revised hardcover calculations for the garage and driveway as recommended by the Planning Commission are attached to this report. PLANNING COMMISSION RECOMMENDATION: To unanimously approve: 1. 2. 3. A hardcover variance for the 75'-250' zone to allow 2,746.5 s.f. (30.3%) where 2,265 s.f. (25%) is permitted and where 3,085 s.f. (34%) currently exists. A hvdcover variance for the 250'-500' zone to allow 426 s.f. (33.7%) where 378.9 s.f. (30%) is permitted and where 411 s.f. (32.5%) currently exists. A structural coverage variance for 15.6% (2,223 s.f) coverage, where 14.9% (2,116 s.f) exists and 15% (2,130 s.f) is permitted. STAFF RECOMMENDATION: To approve or amend the enclosed resolution. COUNCIL ACTION REQUESTED: To approve or amend the enclosed resolution. *. s haiudcover calculation worksheet SETBACK ZONE: (CIRCLE ONE) 0-75* 75-250’ 250-500’ EXISTING HARDCOVER IN ZONE A. House ______^_____• X ' ____________ •“ 500-1000’ / (CP S.E. Leaxth Width B. Gara|e • • C. Driveway D. Sidewalk E. Pado/Deck F. Landsc^e Uadedaln By Plasdc Or Fibdc X X X / . B m S.F. S.F. S.F. S.F. •• • • • X X X X X X • X X X /<??■? S.F. S.F. Je&S.F. S.F. S.F. S.F. SJ. S.F. S.F. G. Other 190 S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ■ • •_______+ . B .xlOO PROPOSED HARDCOVER IN ZONE A. House _____________ 3t Length Width X X X B. Garage C. Driveway D. Sidewalk • * E. Pado/Dwk F; Landscape Uadedaln By Plasdc OrFibiic G. Ocher X X X X X X X X X A B TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ' A _ _ _ _ _ _ _ + B. S.F. • S.F. »■ S.F.m C3 SJ. ■1 WD ^_S.F. m S.F. "S.F. • .525 - • •• S.F. "S.F. • . • * . •S.F. m I?.P. S.F. "S.F. “S.F. • •I9{L- • _S.F. __S.F. XlOO % —50.04 — N 00 ’20 ’00* W CONCORDIA STREET J A RESOLUTION GRANTING A VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 AND SECTION 10.03, SUBDIVISION 14 (C) nLE NO. 2515 WHEREAS, Thomas Palm and Maureen Palm, husband and wife, (hereinafter "the applicants") are owners of the property located at 1685 Concordia within the City of Orono (hereinafter "the City") and legally described as follows: The North 50 feet of Lot 16, Coffee's Addition to Shad: ■ Wood Lake Minnetonka, Hennepin County, Minnesota. (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subd. 2 for a hardcover variance for the 75'-250* zone where 3,085 s.f. (34%) exists, 2,265 s.f. (25%) is permitted, and 2,746.5 s.f (30.3%) is proposed and in the 250'-500' zone >^ere 411 s.f (32.5%) exists, 378.9 s.f (30%) is permitted, and 426 s.f. (33.7%) is proposed and Section 10.03, Subd. 14(C) for a structural coverage variance, where 14.9% exists, 15% is permitted, and 15.6% is proposed to allow the construction of a 25' x 30* detached garage. Minnesota: NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, FINDINGS 1. 2. This application was reviewed as Zoning File #2515. This property is located in the LR-IC Zoning District where the minimum lot area requirement is 1/2 Acre. The property consists of approximately 14,200 square feet or .33 acres. Page 1 of 4 3 1 r 3. 4. 5. The Orono Planning Commission reviewed this £^>plication on August 16,1999 juid recommended approval by a vote of 5-0 on the proposed variances based upon the following findings of fact: A. The existing garage is located one foot over a sanitary sewer easement which crosses the applicants property. B. Relocating the garage will bring it into line with the neighboring garages. C. The proposed garage in the new location will reduce the overall hardcover on the site. D. The neighboring property owners were present at the meeting and expressed their support for the garage. The City Council fmds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect tndfic conditions, light, air, nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance per Municipal Zoning Code Section 10.22, Subd. 2 for 2,746.5 square feet (30.3%) of hardcover within the 75-250' zone and hardcover within the 250'-500' zone of 426 square feet (33.7%) and a variance per Municipal Zoning Code Section 10.03, Subd. 14(C) for 15.6% structural Page 2 of 4 £ coverage on the property to permit the construction of a 25' x 30' detached garage. Approval was subject to die following conditions: 1.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 (August 23,2000). 2.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 and authority granted herein, and shall be punishable as a misdemeanor. 3.The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 23rd day of August, 1999. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner (s) Page 3 of 4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of August, 1999 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA ) ) 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 County, personally appeared known to me to be the person(s) described in and \^o executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 4 of4 TO:Chair Hawn and Orono Planning Commissioners Ron Moorse, City Administrator FROM:Kris Jenson, Assistant Zoning Administrator/Planner DATE:August 9,1999 RE:#2515 Tom and Maureen Palm, 1685 Concordia Street Variances-Public Hearing 2U>ning: LR-IC, One Family Lakeshore Residential District 1/2 Acre Application: To construct a new garage in a new location, as the existing garage is partially located within a sewer easement . STAFF SUMMARY Tom and Maureen Palm have submitted an application to construct a new 30' x 30' garage in a different location than the existing 24' x 26' garage, as it is partially located over a sewer easement The existing garage is located 98' from the rear property line (street side). The proposed garage would be located 48 feet from the same property line. The proposed garage is 30' x 30', for a 900 sq. ft structure. Because the structure is defined as oversized, due to the feet that it is Unger than 750 sq. ft., die sid^ard setbacks are required to be 15', rather than the district 10' standard. The applicant's could reduce the size of the garage to 750 sq. ft by reducing the garage 5* in depth. This would allow the applicant's to maintain a 3 car garage, and still meet the 10' setback requirements. The proposed height of the garage is 23'. This lot is over on hardcover, although the proposal will reduce the hardcover, due to the garage being moved to the rear of the lot The question is how much the Commission wants the hardcover reduced. The other issue is structural coverage. The lot currently sits at 14.9% structural coverage. - ..... . .. ......................... ................................... Pertinent Ordinances »> Section 10.22, Subd. 2, Lakeshore Hardcover and Land Alteration Regulations. W^diin 75 to 250 feet of the shoreline there shall be no greater than 25% hardcover. Within 250 to 500 feet of the shoreline there shall be no more than 30% hardcover. > Section 10.03, Subd. 9, Accessory Buildings, (E) Setbacks. Accessory structures in excess of750 square feet fooq)iint area but not excee^g 1,000 square feet foo^rint area shall be located at least 15' from any lot line. ►' ■ ■ Section 10.03, Subd. 14, Yards and Open Spaces, (C) Lot Coverage. In all zoning districts, for all lots of 0-1.99 acre in total area, the total combined footprint areas of all principal and accessory structures shall not exceed 15% of the lot area. The following shall be included §2315 Tom & Maunon Palm. 1685 Concordia Strttt Variances August 9.1999 pagt-l in calculation of lot coverage by structures: 1. All roofed structures which extend more than 6' above grade level. 2. Tennis courts, patios, decks, and all similar ’’open" structures when partially or fully enclosed by fences, railings or walls which extend more than 6' above grade level (if any portion of such structures extends more than 6' above grade level, the entire structure shall count toward lot coverage. ANALYSIS T.r>t Area and Yards LR-IC (1/2 acre) Lot Area Lot Width Lakeside Yard Side Yard Street Yard Required 21,780 s.f.100*75'10'(15'for larger garage) 30' Proposed 14,200 s.f.50.04'200'+10'48 ’ Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0-75'3,876 s.f.862 s.f. (22%) none (0%) 862 s.f. (22%) none 75-250' with 900 s.f. garage 9,060 s.f.3,085 s.f. (34%) 2,265 s.f. (25%) 2,774 s.f. (30.6%) Permit more hardcover than allowed (Reduced fix>m existing) 75-250' with 750 s.f. garage 9,060 s.f.3,085 s.f. (34%) 2,265 s.f. (25%) 2,624 s.f. (28.9%) Permit more hardcover than allowed.(Reduced from existing) 75-250' with 642 s.f. garage 9,060 s.f. • • 3,085 s.f. (34%) 2,265 s.f. (25%) 2,516 sil (27.7%) . To permit additional hardcover • 250-500'1,263 s.f.411 s.f. (32.5%) 378.9 s.f. (30%) 426 s.f. (33.7%) To permit additional ‘ hardcover t*If the existing-size garage were required in the new position, the driveway would.most likely narrow due to the fact that it would not be a 3 car garage. It is possible that the driveway could be reduced by about 100 sq. ft, leaving a hardcover percentage then of 26.6%. §2515 Tom A Maunen Palm, 1685 Concordia Sircei YarUmeu August 9,1999 paZ*-2 * Structural Coverage Total Lot Size 14,200 s.f. Total Structural Coverage Existing: 2,116 s.f. Proposed: 2,373 s.f. (900 s.f. garage) Possible: 2,223 s. f. (750 s.f. garage) Allowed: 2,129 s.f. Percentage 14.9% 16.7% 15.6% 15.0% Issues 1. 2. 3. 4. Garage can meet (he 750 sq. ft maximum to meet the 10' sideyards and still provide parking for 3 vehicles (Reduce depth by 5') Applicant should be asked for hardship circumstances. Staff acknowledges the reason for « relocating the garage off the sewer easement, however, the new garage is 40% larger than the existing garage. Total hardcover will be reduced on the site with the proposed new 900 sq. ft garage, but it could be reduced even further by a 750 sq. ft garage, or a garage the size of the existing garage (24.2* x 26.5'). Structural Coverage is currently at 14.9%. STAFF RECOMMENDATION Staff recommends denial of a hardcover variance for the 75'-250' zone with a proposed hardcover of 30.6% where 34% exists now and 25% is allowed, as well as a variance for the side yard setback to be IC, where 15' is required, for the construction of a 30' x 30' (900 sq. ft) detached garage, and a variance foe structural coverage on the lot where 15% is allowed, 14.9% currently exists and 16.7% is proposed. Exhibits: A B C D E F O H Application Applicant's Letter of Hardship Location Map Plat Map Survey Elevations Hardcover Calculations Neighboring Property Owners List §231S Tom A Maurttn Palm, 1685 Concordia Strut Variancu August 9,1999 pagt-3 • 1 V . T r . A Cixy OF ORONO - VARIANCE APPUCAHON Initial Application Fee S250.00 (S50.0Q per each additional variance) ' '; Renew^ Variance Fee $150.00 (no change from original application) Variance for non-confonning structures $250.00 After-the-Fact Fees (Double application fee) • • ^ • Application# ^ Date Receiv^~ iU I Amount Paid t PROPERTY INFORMATION She Address__JL62Sl_£fii^£fiB55iiSL_SIBESZ Property Identificidon Number (PJJ.I - Vh *2^ Attach legal description to application if not included on required survey. DatePr^e^t^Acquired JUajE. ^_____ I (do) also own the adjacent parcels of land. Present use of property: ^ readential ___other (specify)________ Zoning IMstrict: IC*^ _________ (montiifyear)t. APPLICANT ■ Name *PALjtv% Phone (horned Phonefwoiki Urn i ■ 1 Address:Chv: Zip: SSTSSil OWNER 0^ different than appheant) Name L AiAtJAggA^ 'PAcwn __ Address:_____________________ . Phone Qiome). Phone (work). Zip:, DESCRIPTION OF REQUEST c.. JBstimated Construction Cost $ Describe request m detail: Rgrvi^?L>g- E>aST7/0^ c-ML AJguJ a/:AR. /HOP T>aM^£UfA;/^ (attach additional Aeeto if necesMiy) VARIANCES REQUIRED Lot Area Setback ___Lot Width . . . Front ,__Side X Hardcover Rear Lot Coverage Average Lakeshore Other (specify) HARDSHiPjDESCRIPTION OF UNUSUAL PROPERTY CONDITIONS . Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: sgg _________________ (attach additional sheets' if necessary) required submiitals AH nf the follo^nn^ information tmist be submltt^a t>Y'the.application deadline dat^jn order for vour application to be considered complete . 1.. ' 2. vy 3- X 4. ✓•• 5. 6. 7. ♦ 8. ^ .Completed Applicatioaform , - • . . X Certified Property Owners List of owners wthm 150:, Isabels and plat map (you must obtain this list, labels and map firom Hennepin County Department of Finance, A-603, Govt Center, 348-3271). . Certificate of Survey (signed by a licensed survQror) and mclude hardcover calculations as reqmred. In addition, .provide one (1) copy 8Vi" x 11 for reproduction. • . , . n -a t. • • 'VsTopographic survqr (existing and proposed elevations) if any changes m existog grade ve proposed. In addition, provide one (1) copy 81^ x 11 for reproduction Sketches or plans of floor & elevation idews (provide one (1) copy,814" x 11 ). List of the legal namw Onclude marital status) of all persons, with an interest m the property. This would include name(s) of applicant(s) if not current owner(s). < - *As an addendum to this appliwtion, plewe attach a separate list of any other . - persons you wish notified of tins application ^ Additional items as may be requested by City staff •fj The Applicant and Property Owner must sign tins application Please remeinber. th^ yfifiC . vftriancfe-flpplipfltinn la not cnmolete if above information liaa. riOt bcen IBdUOCa; ir , APPLICANTS SIGNATURE . , ^ The applicant hereby agrees to prowde all information required or ^e^ by the Zonn®,^ . information supplied u true wid correct to the best of his/her knowledge. Applicant's Sig^ture Date mr ••• .4 ^ ^ .• • mo^*h^^ad^^^dges and agrees to tins appHcation and ^er ^orires entry onto the proper^ by' (S^.staJ? consultants, agents, Conmnssipn member^ and Ox. ■ « members for purposes of investi^tidn and ve^cahon of 11m ,r<^.est ^ '••**.* *’ • .*• j Owner's Signature Date 7)10^) & Zoning Office of this dwr^ge prior to the meeting. 9 t • 9 ’• • •••• ** *• * * :* - Property Owners* Acknowledgement Form I fweV K^^lgyi - of . [print naral(s)] [print address] ' • * • . . • ■ '. ■ • * * *• * * ' * • *.• • hive reviewed the plans for the proposed Lmproyement or proposed use of fne property located ■ at CdMctsfiOiA^ also referred to as Land Use’ Application No. ' ‘ ' V • — • m • * I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to • ' declare approval or disapproval of the property or use ‘but merely to confirm for the City Coundl that I (we) am (are) aware of the improvement plans and that the proposed neighbor’s • * project or use requires Council approval. Date ^ • /.• • » • Property Owner Date • of /6>7.^ Si". ' [print address] I (wi) pfJL ~r7tAlkla/L [print name(s)] iewed the plans for tiie proposed improvem^ •m*r I (we) understand that in executing this admowiedgement, I (we) am (are) not asked to declare ipprovd or disapproval of the property of use. but *mwety to confirm for the City Coundl that I (we) am (are) aware of the improvement , plans Md that the proposed neighbor’s project or use requires Council approval. Property Owner •*.f» V Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Bidding & Zoimg Office at leart 10 days prior to the scheduled meeting date. • ' - • - . . . 8 • •; r it M . • • • *1 jiMirai ^ . • • • • • • • • • - • w • • • *. - . •• . 21 July, 1999 The City Of Orono mmRe: Hardship Description of Unusual Property Conditions • * • • • * pur desire is to re-build our existing garage. It was built In the 197CTs prior to our purchase of the property In 1988. We understand that the east end of the garage Is located on the sewer line easement. To correct this mistake of the previous owner, we are veiling to move the garage closer to the street by approximately 43 feet. There are four significant positive results in doing this: 1) It will eliminate the sewer easement problem 2) It will align our garage with our south neighbor’s garage. 3) It will reduce overall hardcover In the 75-250 feet zone. 4) It vrill allow for a better drainage system for our south neighbor durinjg heavy rains. • ^ The conditions bn this 50-foot wide, property are unique to this property alone, and do not apply generally to other property In this zoning district This adjustment on our property will not adversely affect neighboring properties, but will enhance the value, consistency and aesthetics of neighborhood. It is for these reasons that we respectfully request a variance. ..a ••• Thank you for your consideration. * • • • • ^• • Sincerely, Tom Palm 1685 Concordia Street Wayzata, MN 55391 .• • • • - ■ •• • • • • • . I • • * SEE MAP 61 I miiimia T B WIINNETRISTA ! o 24M 82M (ir-; I © '/aa% lifiii&ay o.'4};.v^ 'Harrison }7SS| feanysS'^^ iltMM |B!!pw ^ m iUUM•••rtcr ?Wgg ••* 5 *^v ••..I * •ur:- L-O Wtfl « mm m.WiisiiiifL r* • '%V MiiisiCk 4000 SEE MAP 09 i.Pr^Bay% lO & =.-^ I — ■ _ iH5 I Wii 11 v\ H \«045 mi ■-'111 ISMe' •fD .'•;V • »• u. 1 ’^*2 >;f #*y.^1><4f-.iU.r ! m ibi* ; ?, V- - 5‘ V ^' 3 r **^1 r M - v<!?/5■Mttat at - - ,^'■fk\l f(SEE MAP 89 .SHPJ8g5(|^gy^ hs I? s iB i«: in iJir. ^ • a >5 S ‘ (74)^ ® ^144.33 (?:§> 7 0=4 (66)SO§147.31,4 a (73) *V 4 a = 144.33 66.66 1 50 50 50 50 (70 12 i ll3 • 1 gs (69)(68) log .A,— (67) .75iii 50 50 50 50 joT-OOC 50615767 14 ^5 (87) II lU — (45) (44) (43) 50 i (£ 11 (33) 180 13 (35) 180 74 50 50 50 50 SO B §’’^§ 'V' 161 2* (48)(49)(50)(6 74 SO 50 SO 50 so «%» 362.35 0-2i 1 1 65 1 57 •r- 1525.72 F TO* p (7) 199.9 . in • CO • in• CO (6)“ 65 in • CO (39) 5T in• CO (3) 52 . . : ' • ( S\1 L S TRACT A ■W TRACT B * 184.27 o, r 283.28 WEST ,. ^ S TRACT C «ef 279.71mmmm ____ 8 (23)”^'”8 263.4 -—:—V 26L3 Hili 28 (30) m Viii 17 17/1 17AM PAIAL: ADVANCE SURVEYING & ENGINEERING CO, S300S.Uwy.Mal01 Mbiiclouku,MN 53345 Fboao (612) 474 7954 Fm (612)4746267 SURVEY FOR; TOM RjiLM SURVEYED! July. 1999 LEGAL OeSOUmON: DRAFTED: Iu1y21. 1999 • I . » TboNoftli50lbolofLol 16, CoHlVu Atklilioa loSha4xWoodLikoMiiiiiotoiib^llcfliicpIaGoua^tMlaiie8oli» SCOFD OP WORK: iiid direction of botindiiy Uneo of Uie abovo legtl dcacriptkm. HwaoopoofooraefTiooidoci jjgt inctado detemilnlagft fMVWf MU HiV waiu MIIWMIMI VI WWUUBaj vu WW WWTW U«||M WW. —^ W—-W —r-j-T ■— ------------------ wImI pm ow% wbfeli is a lci;ul jiuiUcr. Ploaao check the Iqpd dcao riplion wilh youf feooeda or coomlt .wUh 00090(001 l^al OQUo a^lf MMMiXilonMkowiroUMltl lBcottccl,iiiHllli«tMiyimHwof»»co>6^iuoliMCMCuieaU>l6iiypuwMiiliowa<»ttlhoiMf y^,fcuyobccnilwwii. I SImv^ Ike locutioo of cxiolinj' improvetnento m dcomed fayo rtunL 3. Scllliitaeira>oiuimri>>BOfvcfifyiiigoldnM)iaiacalitoiMgkliiBcon>cooftlie|inyct(y. 4. WUI0 wo riunr pnpoecd inipruvcnicaU to your pnpoAjr, weonoot m fttnllior with TONr^aatatyouKOBvoiowoaa&tiuUarwlllittio fcqukcBKOlBof sovctwociiiol ngciicics u ttiolrcaplojrecoom. WonggMllbBtyouicvlewlboiyiveytocoiiiifinlhotltwjmiNMBlfMowbolyoH inioiwt —4 nhniii thn ninmy In nirii (■twetningflial ■jni^—may ])tve Jurisdicdoo ovcc yourproJocttogolallMiraiiprovalBifyaucaa. STANDARD SYMBOLS & CX)N VliNTlONS; *0 •Dcooleo 1/2" ID pipowiUi plastic plug bcadogSl^ LkeoMMtiBiber9235,cei,iialcnotfmwitoiMtod. anCTIFICATION: • , lto^oby«cll^<yttl^^lllb^lllvcy^mlu<)|)^^cd^ylnoor^^Mlcfl^^yd^rectwpcry^lioalndy^rt om aPr oadorteLowaoflhoSuitporMuuicsoto. i t t 0f"riT7•i EogiiMor aod a ProlcMianal Sucragror AMRMor 5^ IwSlotoofN I • •• :QRAPme SCAUE PRAP.S.No.9235 t •I I •.1 C-1D M I B <» » •I $ B I CD Kmmcu 4btooo lO lO CD09 €i> • ID O 3ao CL 3 01c-« (Da ;■ v’-i-. V'T, •*>-it.'.«.mr:-^ s'I^ It •V‘B ;-.v ImI^: ill™ W' i""SSSiT '''*5%■ ''' V IP ////V. i: >i' :" ■’ li f* m 11^ 'M i^yy\ I • H- i(. V M, . hardcover calculation worksheet SETBACK ZONE: (CIRCLE OiNE) 0-75*250-500’ ^YISTTNG HARDCOVER TN ZONX A. House ____________!— LeajrJi X X Wld'Ji X B. Garage C- Driveway X X D. Sidewalk 1 X X E. Paxio/Deek X X F. Landscape Underl^ By Plastic X X X 'G. Odier PftV“C.VT — TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE + B ___X too • •••,•* • • ppnpr^gp h^r^OVER in ZQWE . A. House ^ Lc&glh With X X X B. Garage ^ C Driveway * ■^*^'*^* X • • Do Sidewalk x^ x" E. Patio^Deek,• t X X Fe * Landsdqte Underlaia By Plasdc X X X a Other total HARDCOVER IN ZONE^ total property area in zone XlOO - 500-1000* C.\C> SE. SJ. ‘si. .SI. 12JLL.SJ. SJ. SI. SI. SI. SI. SI. SI. - SJ, VTOjIsj. *aoas S.F. AB *a>A % Sf. Sf. Sf. j3l^j£L,sjf. jSSS-S-F- S«F* SI. s^. S-F. no— -C SI. SI. • * • SJ. nmAc >SI. A SJ. B ^Q.c^y« ^ •• ff.-: • •• »• • • • HARDCOVER CALCXJLATION WORKSHEET ------------------ SETBACK ZONE:. (CIRCLE ONE) 0-7F 75-250’ 1250-500’ • • . EVtSTTNG HARDCOVER IN ZONE • •• • House X • • Lens^ii X width X * • 0 • • X 0 H Garase X P -.T^rTvewav X .. • • X " • • rr fSTrlMnrif X • •••*■ •- • . m . • • • •X • •...■ V Pfttfo/Dedt • • X * • ' • • X . . ., V f «nrf<»nO X • X flB Rv Plastfc X . « • 0. Other • -X • total HARDCOVER IN ZONE ‘ TOTAL PROPERTY AREA IN ZONE B ____X 100 . - PteftPOSED ^ A. House_____________3C Lngth 'WMA > • •- • 9 B.‘ Gange C Drtvew^ p. Sidewalk ■E. Pado/D^ F. Landae^ Uaderbln By Piasde O. Odier X X X E2SHEI5- dri’bc - -A A . AM * • • X X • • A X X X X ^ • • . total hardcover in zone TOTAL PROPERTY AREA IN ZONE B • X iwv .SOO-lQOp’ • • I AW SE. SI. SJ. S.F. SI. SI. SI. SI. SI.Tf.*-. SJ. SR. S.F. SJ.- SJ. • SR. AW sj. SS—SE. A B -SR. SR. "SR. SJ. ______SJ. ______SJ.3SIsj. SJ. SJ. • . • S.F. • SJ. SJ. SJ.- SJ. • SJ. A^Cm 'SJ. A - B t • •'• * RUN HATE 97/IZ/99 BATra'5i7 ‘ HENNEPIN COUNTY PROPERTY INFORNATIOH SYSTEN REPORT NO. PZ4S6401 PACE M SO 17-U/-Z3 ZZ 0021 01705 ■ CO:iCORDlA ST . JANET JACOIISON SACHS ^ET SACHS NANE/AOOR 7545 17TII AV SO RXCIIFIELU tU4 • 55423 PROP AODR ONNER NANE TAXPAYER 50 17-U7-23 22 0022 01605 CONCORDIA ST T L PALN AHA PALH TNONAS L PAUI 1605 CONCORDIA 8T NAYZATA NN 55891 80 17-117*2S 22 0028 01695 CONCORDIA ST D. J A D R BEUMSKI DONALD JOHN DEUNSKI 8019 COLORADO AVE N CRYSTAL NN 55422 ^ •• 80'17-117-23 22 0024 PROP ADDR i 01607 CONCORDIA ST ONNER NAHE J N CEIIRING/K- REINKE 6EHRIN0 TAXPAYER JOHN A KRISTIN OEHRINO NANE/AOOR 1607 CONCORDIA ST NAYZATA tlN 55391 SO 17-U7-23 22 0030 01740 CONCOROU ST D J DEUNSKI A 9 C BEUNSKI DAVID J A DAYNA C BEUNSKI 1740 CONCORDIA ST NAYZATA NN 55391 30 17-U7*28 22 0081 01690 CONCORDIA ST ROBERT N ENFIELD ROBERT H ENFIELD • 1690 CONCORDIA ST ORONO NN £539]^ L i \ ». • PROP AKR . ONNER NAHE TAXPAYER NANE/AOOR 80 . 17-117-23 22* 0032 ; 01600 COilCORDIA ST - L A D SEIIUK ■ LINDA D SEIIOK 1600 CONCORUIA ST NAYZATA • 55391 . -iF- SO ■ 17-U7-23 22 0040 01635 CONCORDIA ST HONARO R ALTON III . HONARO R ALTON 111 1635 CONCOROIA ST . • ORONO NN 55391 . SO 17-U7-2S 22 0048 01675 . CONCORDIA ST HELEN K TRAINOR HELEN K TRAINOR ■1675 CONCORDIA ST NAYZATA NN 55391 • • • PROP AOOR' ONNER NAHE TAXPAYER NAHE/ADOR TOTAL DATCII • • « 507 00099 L • • .* I , • t • .1 /* I. • • • I • • • • • • • T CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF IHFORHATION AS IT APPEARS THIS DATE ON THE OF THE HENNEPIN COUNTY OBPARTNENT OF PROPERTY TAXATION* TO TIS BEST- OF NY KNONLEDOE AND BELIEF. • ‘ Ij /I/) OATE • : 1 • •. • • , • •* i *1 • • • • • • • • . • •. • • • • • * • • * .• . • • • Jf•• r •: i *0 t .• • 0 .%*’ • '• * D 6 • • .• • • • • Application Date: 111X199 Completion Date: 7/21/99 60 Day Deadline: 9/20/99 COllMr'ii mcfTTINQ AUG 2 1999 CITY Of* OnuivU REQUEST FOR COUNCIL ACTION DATE: 8/17/99 . 9ITEM NO; Department Approval: Administrator Reviewed: Name Kris Jenson Title Asst. Zoning Administrator/Planner Agenda Section: Zoning Item Description:#2517 Scott and Lisa Bittman 25 Brown Road South Variance Zoning District:RR-IB One Family Residential District (2 Acre) Lot Area:3 Acres Application: The applicants submitted an application requesting a variance in order to construct a second story addition to the existing home, which had an existing partial second story. The building envelope is not being expanded. The £q)plicants have submitted a building permit, however work was started prior to the issuance of the permit PLANNING COMMISSION RECOMMENDATION: To unanimously approve: 1.A variance of 7.3' from the front yard setback in order to construct an addition to the second story 42.7' from the property line, where 50' is required. STAFF RECOMMENDATION: To approve or amend the enclosed resolution. COUNCIL ACTION REQUESTED: To approve or amend the enclosed resolution. i r. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5(B) FILE NO. 2517 WHEREAS, Scott Bittman and Lisa Bittman, husband and wife, (hereinafter "the applicants") are owners of the property located at 25 Brown Road South within the City of Orono (hereinafter "the City") and legally described as follows: The East 330.00 feet of the North 11 acres of the East 25 acres of the North 55 acres of the Northwest Quarter of Section 3, Township 117 North, Range 23 West of the 5th Principal Meridian, Hennepin County, Minnesota. (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.28, Subd. 5(B) for a front yard setback variance to allow the construction of an addition to the second story of the existing home. Minnesota: NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, 1. 2. 3. FINDINGS This application was reviewed as Zoning File #2517. This property is located in the RR-IB Zoning District where the minimum lot area requirement is 2 Acres. The property consists of approximately 3 acres. The Orono Planning Commission reviewed this application on August 16,1999 and recommended approval by a vote of 5-0 on the proposed variance based upon the following findings of fact: Page 1 of 4 A. The existing home cannot be viewed from Brown Road South due to heavy vegetation. B. The addition of the second story will not increase the building envelope on the property. C. The existing house currently meets the side and rear yard setbacks. D. Construction was started without the issuance of a building permit. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the 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. 5. The City Council has considered this application including the findings and reconunendations 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 one or more of the above findings, the Orono City Council hereby grants a front yard setback variance per Municipal Zoning Code Section 10.28, Subdivision 5(B) to permit the construction of an addition to the second story of an existing home. Approval was subject to the following conditions: 1.Authorities granted by this variance run witli 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 (August 23,2000). Page 2 of 4 r 2.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 and authority granted herein, and shall be punishable as a misdemeanor. 3. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 23rd day of August, 1999. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner (s) ^ i ate of MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of August, 1999 by Gabriel Jabbour and Linda S. Vee, Mayor and City Cleric 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 t STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this___________day of __ 1 199_, 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 __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 Page 4 of 4 TO:Chair Hawn and Orono Planning Commissioners Ron Moorse, City Administrator FROM: DATE: RE: Kris Jenson, Assistant Zoning Administrator/Planner August 9,1999 #2517 Scott and Lisa Bittman, 25 Brown Road South Variance-Public Hearing Zoning:RR-IB, 2 Acre District Application: To allow a front yard setback variance in order to construct a second story on the existing residence. STAFF SUMMARY The applicants have requested a front yard variance to add a second story to the existing home, which was constructed 42.7' from the Brown Road South Right-of-Way. The lot is 3 acres, on which sits a house and 2 garages. The other structures exceed setback requirements, and the house exceeds the side and rear yard requirements. Staff observed during a site visit that the land between the ROW and the residence is heavily wooded, and the house is not seen from the road. Furthermore, if the house were to be tom down and built at the setback line, it would require the removal of many large mature trees on the lot. This addition was started without a building permit, but by the time Staff discovered the work, the roof had been removed. Staff gave them the OK to go ahead with the project, with the understanding that the variance would be applied for to make the addition legal. The applicant's were also advised that they were proceeding at their own risk, meaning that if the Planning Commission and the City Council denied the variance, the addition would need to be removed. The planned height of the new addition is 25*. Pertinent Ordinance Section 10.28 RR-IB One Family Rural Residential District, Subd. 5, Area, Height, Lot Width and Yard Requirements (B) Lots. The minimum front yard shall be 50'. ANALYSIS RR-IB District Requirements Lot Area Zo/ Width Front Yard Rear Yard Side Yard 2 acres 200'50'50'30' U251 7 Scott A Lisa Bittman, 25 Brown Road South Front Yard Variance Augmt 9,1999 pagf-t ■1 * Lot Area Lot Width Front Yard Rear Yard Side Yard 3 Acres 396.17'42.7 to ROW 180'+ to house 96', 200.2' This lot conforms to required lot width, lot area, side and rear yard requirements. Issues 1. This is an after-the-fact variance request. STAFF RECOMMENDATION Staff reconunends approval of the variance to allow a second story to be constructed on the existing home with a setback of 42.7' feet, a variance of 7.3' feet from the 50' setback. Exhibits:■ ^ A B C D E F Application Location Map Plat Map Survey Elevation Drawings Neighboring Property Owners List I 1 U2517 Scott tft Lisa Bittman, 25 BroHm Road South Front Yard Variance August 9,1999 pagfi-2 ■boasaMUHtiacu CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S250.00 (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) Application# ■T.Si'l Date Recdved~ Amount Paid 2 50 _ PROPERTY INFORM^ON n( C Site AHdri«s ^ ProperW Identification Number (P.1.D.)_, ----1 »^ 1__1 ^r>r^^\raf\r^n if Tiot mcludecl Oil rCQUl property laenoncauoD i-Humoci v*.*-*^-* > • ----u—i ■*—<—~----^SQ_l Attach legal description to appUcati^ not included on required survey. _ . Date PropertY Required IS. - ” I (do) ropCTtiAcquir^____- ----------------------— M^'^^also own Ap adjacent parcels of l^d. Present uSTofproperty: )C readential other (specify). Zoning IKstrict:. CA. Address: ^ « APPU ^ Tf>iTr>uJ\A Phone (home) ^ f- — ____ Phone (work)_______ ^ City: /Or/Tw\s _ZipjfV^^hiJL OWNER Qf different than applicant) Name____________________ Phone (home) Phone (work). Address:.City:.Zip:. DESCRIPTION OF REQIJE^ j Est Desc^ request in detail: |Yft noi/iA<p„—. ’ ;..... -r Estimated^nstruction/CostS. Sg>rA.y»f\ 4L VARIANCES REQUIRED Lot Area )C Setback: Other (specify) ___Lot Width ^ Front __Side HARDSHIP/DESCRIPnON OF UNUSUAL PROPERTY Describe undue hardship or practical difficult or unusual property condiboi ^ prcvi compliance with Zoning Code requireinents: TjnoS<2-----UJO^-------------------- eXo^ 4-0 rGQjcS ig « 't (attach additional sheets if necessary) |T KEQUIRED SUBMITTALS /Ul nf the following information must be submitted bv the aPPlicatiQii deadline jn order for vour application to be considered complete; 1. 2. Completed Application Form , Certified Property Owners List of owners within^ 50', ^labels and plat map (you must obtain this list, labels and map from Hennepin ^unty D^artm^ of 3.id surveyor) and include hardcover X .• «••• Finance, A-603 __ Certificate of------^ n-« calculations as required. In addition, provide one (1) copy 8Vi x 11 for reproduction. ^ , ... Topographic survey (existing and proposed elevations) if any changes m exiswg grade are proposed. In addition, provide one (1) copy 8Vi" x 11" for reproduction. Sketches or plans of floor & elevation views provide one (1) copy 8Vi" x 11"). List of the legal names (include marital status) of all persons with an inters in the property. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. __ Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that yfljir vflrilince application i« not complete if the above information haS HOt betB iffidttdgtL APPLICANTS SIGNATUKE j u .u „ arr:- The applicant hereby agrees to provide all information requned or requested by the Zonmg Administrator, agrees to pay additional fees (staff time not coyer^ by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is tru^ and correct to t^ best pf his/her knowledge. t) 4 Applicant's Signature 5. 6. 7. 8. is truk and «yrrect to tl^ bes^f his/her kn ti Vi OWNER'S SIGNATURE ^ ^ ^ ^ . .. The owner herd^y acknowledges and agrees to this application and further authorizes reaw entry onto the property by City stafl^ consultants, agents. Commission members, and Council^ r members for purposesl of investigation and venfication of this request. Ovme.'s Signature^ Applicant must all su*bmittals into the City offices 25 days before the Planning Ccmmission Meeting. Planning Commission Meetings are held on the third Monday o eac month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council If an appUcant b unable to attend a scheduled meetm& p^ mike arrangements to have an author!^ agent attend in your place and to advise the Buuomg ’'oning Office of this change prior to the meeting.-V c 54) 129.69 90 (2I)Z v6L-^46. 4 1 55 !0 48 : (9) 21 - i (33)0 104 22.04 u, 20 (32) i 313. 5 QJ V ' • /Va A 5.9, S WESTWOOiD 5'ei' I \ I89*32'52*i 383,0 ___ AI!!!®Oi S mmm :?; ^KENNEDY LA)"’^ (Iffit C(39) r^- X 8 .. L ^ 192 ;OLIN DR) >39.01 N89 ’45'18-w'4^ s h i |s ,.<p. ( 14) /27.2 232.04 fM OUTLOT A P “TfST® a^-OUTLOT B 337.05 R (16) S89M4'42 ‘W (7) 40.02 1 ron 2) 315.97 T§) D S S 90.02 / if 191.68 50.09 192. 25 EAST EAST (10) 4li (11) / / r fo f * • . L *\ RUN DATE *7/16/99 BATCH 505 PROf AOOR OWNER NAME TAXPAYER NAHE/AODR PROP ADOR OWNER NANE TAXPAYER NAHE/AODR PROP AOOR OWNER NANE TAXPAYER NAHE/AODR PROP AOOR OWNER NAHE TAXPAYER NAHE/AODR PROP AOOR OWNER NAHE TAXPAYER &^/AODR HENNEPIN COUNTY PROPERTY INFORHATION SYSTEH PROPERTY OWNERS LIST SB 03-117>2S 12 0004 00050 ADDRESS UNASSIONED JOHN F DUNN ETAL JOHN F DUNN 20 S BROWN RD P 0 BOX 77 LONG LAKE HN 5SS56 50 05-117-25 12 0009 00050 ADDRESS UNASSX6NED JOHN F DUNN ETAL JOHN F DUNN 20 S BROtfN RD ' PO BOX 77 LONG LAKE NN 55556 001450 05-117-25 21 02010 COLIN OR NIVIN S riACNlLLAN \ NIVIN SNYDER HACHILLAN 151 WESTWOOD LA WAYZATA liN 55591 031* S 30 34-110-25 34 00015 DROWN RD J H 0 D J EISS JOHN H S DONNIE J EISS 15 DROWN RD S LONG LAKE HN 55356 72 54-110-23 43 0*76 • 01995 KENNEDY LA D E 0 J A STEBBXNS DAVID 0 JUDITH STEBBXNS 1995 KENNEDY LA LONG LAKE HN 55556 30 03-117-25 12 0**6 00030 ADDRESS UNASSXGNED JOHN F DUNN ETAL JOHN F DUNN 20 S BROWN RD P 0 BOX 77 LONG LAKE HN 55556 30 03-117*23 12 0010 0013* BROWN RD S ■ WALTER RICHARD NCCARTHY JR WALTER RICHARD NCCARTHY JR C/0 FCX 332 HXNNESOTA ST B2100 ST PAUL NN 55101 30 03-117-23 21 0010 *0030 ADDRESS UNASSXGNED LLOYD S KELLEY LESTER S KELLEY 2135 COLIN DR LWO LAKE HN 55356 72 34-110-23 34 *03* 00032 WESTWOOD DR ROBERT 0 NANCE ROBERT 0 HANCE 32 WESTWOOD DR LONG LAKE HN 55356 72 34-110-23 45 *002 00*10 BROWN RD S JUDY L KELLETT JUDY L KELLETT 10 BROWN in S LONG LAKE HN 55356 'ti REPORT NO. PX435401 PAGE 3* SO *3-117-23 12 0*07 00030 ADDRESS UNASSXGtO JOHN F DUNN ETAL JOHN F DUNN 20 S BROWN RD P 0 BOX 77 LIMG LAKE HN 55356 30 *3-117-23 00*1 00*25 BROWN 80 6 S BXTTHAN 0 i SCOTT 0 LISA BXi .'.VM 25 BROWN RD S LONG LAKE HN 55356 30 03-1TJ-23 21 0*24 *2*75 WATERTOWN RD A 0 L PETERSON ALAN B 0 LORRXE J PETEI 2*75 WATERTOWN RD LONG LAKE NN 55356 72 34-110-23 34 0*31 0**30 WESTWOOD DR T J 0 S E BOSWELL-HEALEY T J 0 S E BOSWELL-HEALEY 30 WESTWOOD OR LONG LAKE NK 55356 J'V TOTAL BATCH 505 0**14 • • • • .. • I fi )• « J • f J CoiiMciL meeting REQUEST FOR COUNCIL ACTION AUG 2 3 1999 C/i I r ur Onc/|\(j DATE: August 23, 1999 ITEM NO.: /O Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Schedule Public Hearing for Fullerton Subdivision Sanitary Sewer Project We have received a petition requesting that the process for a sanitary sewer project in the Fullerton Subdivision be started. This subdivision is at the west end of Fox Street, with lakeshore lots on Stubbs and Maxwell Bays, and was included in the recent MUSA expansion that added the lakeshore area around the northeast side of Maxwell Bay. Existing sanitary sewer is available, just north of the subdivision, at the end of Oxford Street. The petition has been signed by four of the seven property owners. The minimum requirement per Minnesota State Statues Section 429 is for 35% of the owners to sign the petition for it to be considered adequate. A feasibility study was ordered by the Council and has been completed. The property owners have requested that a public hearing be scheduled for this project. The attached map shows the property owners that have signed the petition, the conformity status of the septic systems, and the development status of the lots. The estimated cost for a gravity sanitary sewer system is $34,429 per lot. This project does not require the installation of a municipal lift station. The estimated cost for a grinder pump pressure sewer system is $23,143 per lot. The gravity sewer cost is similar to the cost assessed for the Bracketts Point sewer project with the value of the lots and houses being similar. The houses are very large, and having sanitary sewer service may be desirable. The next step is to hold a public hearing on the proposed project. The public hearing is scheduled for 7:00 p.m. at the regularly scheduled Council meeting. City staff is recommending approval of the attached resolutions accepting the feasibility study and scheduling a public hearing for the F/llerton Subdivision Area sanitary sewer project. COUNCIL ACTION REQUESTED: Motion to approve resolution accepting the feasibility study for the Fullerton Subdivision Area sanitary sewer project. Motion to approve resolution scheduling a public hearing for the Fullerton Subdivision Area sanitary sewer project. A RESOLUTION RECEIVING REPORT AND CALLING HEARING ON FULLERTON SANITARY SEWER IMPROVEMENT WHEREAS, pursuant to Resolution No. 4231 of the Council adopted January 25, 1999, a report has been prepared by the City Engineer in reference to the Fullerton Subdivision sanitary sewer improvement, and this report was received by the Council on August 23, 1999; and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost effective, and feasible. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: 1.The Council will consider the installation of such sanitary sewer improvement in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $241,000. 2.A public hearing shall be held on such proposed improvement on the 27th day of September, 1999 in the Council Chambers, 2780 Kelley Parkway, at 7:00 p.m. and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council this 23rd day of August, 1999. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk ! i : • t • *f‘ ^ • • •*♦*•• • * •* • • * •• ••••".. .. ••• • • . • • % . • •. . .. • ‘ ‘ * • *• — . 1. . . . . V ■, • . . .* V . • • .•• • • • EXISTING S/^«JARY SEVIER S’tU/ERj • •sniBSS BAY AC4U1 . • •• • •FOX ST. . 0 •00) HbusE-^AKw- svs. •■ V agw (3300) ^..ifeZEsG> ^(3350) . • \ (3350) SVrtEM ■ o (3250) pethi ^m .* ■ •. t^oasE sfptk •»•#«»#• H* • MAXWELL BAY f ULUfUQia S't4^PlUU\0M AHE/I •• • •• *• .• •••.t 'y m. ^ to, Feasibility Report Fullerton Subdivision Sanitary Sewer Improvements Orono, Minnesota April, 1599 File No. 139-99-100 1/1 Bonestroo Rosene Anderlik & Associcites Engineers & Architects Bonestroo. Rosene. AnderUk and Associs^es, <rrc. is an Affirmative Action/ Equal Opportunity Employer Principals Otto G. Bonestroo. PE • Joie^n C. Anderlilt. PE. • Marvin L Sorvala. PE. • Glenn R, Cook. PE. • Robert G. Schunichx. PE. • Jerry A. Bourdon. PE • Robert W. Rosene. PE.. Richard £. Turner, *£. and Susan M. Eberlln. C.P.A.. Senior Consultants Associate Principals. Howard A. Sanford. • Keith A. Gordon. PE. • Robert R. Pfefferle. PE. • Richard W Foster. PE. • David O loskora. PE • Robert C. Russek. A I A. • Mark A. Hanson. PE. • Michael T. Rautmann. PE. • Ted K.fieid. P£ • Kenneth P Anderson. PE. • Mark R. Rolfs. PE. • Sidney P. Williamson. PE.. LS. • Robert F fdtsmith • Agnes M. Ring • Allan Rick Schmidt P£ Offices: St Paul. Rochester. Wlilmar and St Cloud. MN • Milwaukee. Wl Website: wwwboncstroo.com April 21.1999 Honorable Mayor and City Council City of Orono PO Box 66 Crystal Bay. MN 55323-0066 Re: Feasibility Report Fullerton Subdivision Sanitary Sewer Extension Our File No. 139-99-100 Dear Mayor and Council: Enclosed, for your review is our preliminary report on the Sanitary Sewer Extension for the Fullerton Subdivision area in Orono. This development is located on the southeast shore of Stubbs Bay and the north shore of Maxwell Bay off of Fox Street. This report describes the sanitary sewer improvements necessary to provide municipal sanitary sewer service to this area. Cost estimates for the proposed improvements are presented in the Appendices. We would be pleased to discuss this report further with the City Council or City staff at any mutually convenient time. Respectfully submitted. BONESTROO. ROSENE. AiNDERLIK AND ASSOCIATES. INC. Tom P. Kellogg TPK:)cf I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Miimesota. Glenn R. Cook, P£. Date: April 21. 1999 Reg. No. 9451 233S West Highway 36 ■ St. Paul, MN 55113 • 651-636-4600 ■ Fax: 651-636-1311 T able of Contents Letter of Transmittal Table of Contents L bitroduction Hgure 1 - Location Plan Summary and Recommendations Sanitary Sewer Figure 2 -Fullerton Subdivision Figure 3 -Fullerton Subdivision, Alternate Design IV. Cost Analysis Table 1- Cost Summary V. Project Schedule Appendix A - Fullerton Subdivision Appendix B - Fullerton Subdivision, Alternate Design Fullerton Subdivision Sanitary Sew^r Improvements Page No. 1. 2. 3. 4. 5. 6. 8. 9. 10. 10. 11. J I. Introduction The City Council has requested this report to determine the feasibility of constnicting sanitary sewer improvements for the Fullerton Subdivision area, as shown on Figure 1. Most lots are located on steep slopes making it difficult for homeowners to provide an alternate site for their on-site systems. The topogr:q)hy and proximity to lake shore of the Fullerton area are the primary factors suggesting municipal sewer service is preferable to long term septic system usage. Four residences currently exist on the seven parcels. City records indicate that two properties have conforming systems and two properties have non-conforming systems. The remaining three lots are currently undeveloped. The Fullerton Subdivision was included in the recent MUSA expansion. The City of Orono has received a petition requesting sanitary sewer signed by four of the seven property owners in the Fullerton Subdivision area. This report describes the sanitary improvements required to completely serve the Fullerton Subdivision. The proposed sanitary sewer improvements are presented on Figure 2. An alternate design is presented on Figxire 3. The costs of the proposed improvements are presented in the appendices and a cost summary is presented in the Cost Analysis section. Fullerton Subdivision Sanitary Sewer Improvements Im fMl FULLERTON SUBDIVISION m ORONO. MINNESOTA LOCATION PLAN FIGURE 1 Til Bonestroo Rosene Anderlik A Associates 139100ReP.DWG 3/21/99 COMM. 139-93-100 r II. Summary and Recommendations The construction of sanitary sewer to serve the Fullerton Subdivision area is feasible from an engineering standpoint. The project is necessary because of non-confonning septic systems, proximity to the lakeshore, and lack of alternate septic sites. The capital cost as well as operation and maintenance costs have been considered in determining that the project is cost elective. The cost of these improvements are interrelated and should be assigned equitably between all properties. The following recommendations are presented for consideration by the Orono City Council: 1. 2. 3. That this Report be adopted as the guide for installation of sanitary sewer in the Fullerton Subdivision area. That the City conduct a legal and fiscal review of the proposed project prior to the public hearing. That a public hearing be held on the proposed improvements. The total estimated project cost of $241,000 should be incorporated in the public notice. There are 7 units proposed to be assessed for the truck and l?.leral improvements. Fullerton Subdivision Sanitary Sewer Improvements III. Sanitary Sewer The proposed sanitary sewer for the Fullerton Subdivision area is shown on Figure 2. A review of the project site indicates the routes shown on the figures are recommended from a construction standpoint. The Fullerton area would be served by a gravity sewer connected to the existing sewer located at the south end of Oxford Street The mainline sewer would be constructed across properties 1 and 2 to Fox Street. The sewer would then be extended east and west along Fox Street as shown on Figure 2. Preliminary plans from the developer dated 6/20/97 indicate proposed home sites for properties 1 and 2 are located along the west edge of the lots near the lake. If these homes are constructed near the lake, gravity service could be provided for the first floor only. Gravity service to all floors could be provided to these properties if the homes were located at the easterly end of the properties. Homes on properties 3 and 7 are at elevations such that gravity sewer service could be provided to the first floors. Wastewater from the basement would need to be pumped up to the first floor elevation. Properties 4,5 and 6 could be served entirely by gravity. These costs are shown as Option A in the Appendices. The sanitary sewer main would be PVC pipe, 8 inches in diameter. Sewer services would be PVC pipe, 4 inches in diameter. Service stubs would be installed to the property line or to a point 30 feet from the main. Property owmers would be responsible for the installation of the service line between the service stub and the home. The proposed manholes on Fox Street would be constructed along the north edge of the roadway. It is anticipated that half of the street will be disturbed during construction. The disturbed street areas will be restored with 1 Vz inches of bituminous wear course, 2 inches of bituminous base course, 8 inches of aggregate base and geotextile stabilization fabric. An alternate design for the sanitary sewer is shown on Figure 3. This design would provide for all properties to be served by a pressure system. Each property would own and maintain a residential grinder station. Service stubs would be provided to the property line or a distance of 30 feet from the main. Each property owner would be responsible for tl» installation of the grinder station and Fullerton Subdivision Sanitary Sewer Improvements the service line from the home to the service stub. A cost estimate for the alternate design is included in the appendix. The project will be constructed on public and private property. The alignments selected and shown on Figures 2 and 3 will require permanent and temporary easements to allow for construction. Detailed cost estimates for the sanitary sewer improvements are presented in the Appendices. 4 i. Fuilerton Subdivision Sanitary Sewer Improvements GRAVITY SEWER GRAVITY MANHOLE N FULLERTON SUBDIVISION ORONO. MINNESOTA SANITARY SEWER - OPTION A 139100S£P.DWC 2/20/98 FIGURE 2 GRAVITY SYSTEM COMM. 139-99-100 Bones\ Rosene Andertik S Assodates f.:; ‘tr MAXWELL BAY FORCEMAIN ACCESS/AIR RELEASE MANHOLE N FULLERTON SUBDIVISION ORONO. MINNESOTA FIGURE 3 SANITARY SEWER - OPTION B, PRESSURE SYSTEM m Bones\ Rosene Anderlik A Associates Cngkmtn A Af^illsets 13910CREP.CWG 2/20/93 COMM. 133-39-100 IV. Cost Analysis Detailed cost estimates for the proposed improvements are presented in the appendices. These costs include a 5 percent contingency, a 20 percent allowance for design, inspection, legal, and administration costs, and a S percent allowance for capitalized interest and bonding costs during construction. The costs are based on 1999 construction and can be related to the ENR index for February, 1999 of 5,858. A summary of the estimated costs for the proposed improvements is presented in Table 1. Table 1. Summary Item Estimated Cost Fullerton Subdivision Sanitary Sewer (Gravity) Sanitary Sewer (Pressure) $241,000 (Option A) $ 162,000 (Option B) The cost estimates do not include easement costs that could be incurred on the project. It is recommended that the sewer construction costs be assessed uniformly over the area to be served, based on the number of services to each property. This results in a charge of $34,429 for each of the 7 services. If Option B were chosen the charge for each service would be $23,143. Fullerton Subdivision Sanitary Sewer Improvements V. Project Schedule Date Event • May, 1999 Publish and mail notice of public hearing June, 1999 Public hearing June, 1999 Order preparation of plans and specifications August, 1999 Plans and specifications complete August, 1999 Advertise for bids September, 1999 Open bids September, 1999 Assessment hearing September, 1999 Award construction contract . September, 1999 Begin construction June, 2000 Complete construction Fullerton Subdivision Sanitary Sewer Improvements L APPENDICES 1 i I "'1 Fullerton Subdivision Sanitary Sewer Improvements CITY OF ORONO 1999 SANITARY SEWER IMPROVEMENTS FULLERTON SUBDIVISION FILE NO. 139-99-100 Sanitary Sawar PRELIMINARY COST ESTIMATE ITEM 8* PVC, SDR 35.10 ’-12' deep 8‘ PVC, SDR 35.12*-14 ’ deep 8‘ PVC. SDR 35,14 ’-16 ’ deep 8* PVC. SDR 35.16 ’-18' deep 8* PVC. SDR 26.14 -16' deep 8’ PVC. SDR 26.16 ’-18* deep 8* PVC, SDR 26,18'-20’ deep 8‘ PVC. SDR 26.20’-22' deep 8' PVC. SDR 26, 22‘-24* deep 8* PVC. SDR 26,24‘-26' deep 8* DIP, 10 ‘-12* deep 8' DIP. 12*-14 ’ deep 8* DIP. 14'-16 ’ deep 8* DIP, 16'-18* deep 8* DIP. 18'-20' deep 8* DIP, 20'-22‘ deep 8‘ DIP, 22’-24’ deep 8‘ DIP, 24’-26' deep 8* DIP. 26’-28’ deep 8‘ DIP. 28'-30’ deep Connect to existing manhole 4* PVC service pipe 8" X 4* wye Standard 4* diam. MH MH overdepth Improved pipe foundation Mechanical trench compaction Televise sewer Repair driveways Common excavation Bituminous surfacing removal Geotextile fabric Class 5 aggregate base, 100% crushed Bituminous street patching Type 31 bituminous base course Type 41 bituminous wear course Bituminous material for tack coat Clear and Grub Furnish and install trees Mobilization Silt fence Seeding w/topsoil, mulch & fertilizer Sod with 4* topsoil Estimated Construction Cost ■••5% Contingencies 4-20% Legal, engineering, admin. 4>5% Bonding and capitalized interest Total Eatimatad Coat UNIT EST. QUANTITY UNIT PRICE LF LF LF LF LF LF LF LF LF LF LF LF LF LF LF LF LF LF LF LF EA LF EA EA LF LF LF LF EA CY SY SY TN SY TN TN GL LS LS LS LF AC SY 275 70 75 175 25 25 25 25 25 25 60 60 60 60 60 60 60 60 60 75 1 300 7 7 67 1360 1360 1360 3 850 2100 2100 1100 120 250 190 200 1 1 1 3000 1 4000 $28.00 30.00 32.00 34.00 34.00 36.00 38.00 40.00 42.00 44.00 38.00 40.00 42.00 44.00 46.00 48.00 50.00 52.00 54.00 56.00 2,000.00 20.00 100.00 2,000.00 150.00 2.00 1.00 1.00 1.000.00 8.00 2.00 1.00 12.00 15.00 30.00 34.00 1.00 10.000.00 6,000.00 10,000.00 2.00 1,500.00 3.00 EST. COST 57.700 2,100 2,400 5,950 850 900 950 1,000 1,050 1,100 2,280 2,400 2.520 2.640 2.760 2,880 3.000 3,120 3,240 4,200 2.000 6,000 700 14.000 10,050 Z720 1,360 1,360 3.000 6,800 4,200 2.100 13,200 1,800 7.500 6,460 200 10.000 6.000 10,000 6,000 1.500 12.000 $181,990 9.100 $191,090 38218 $229,307 11.465 $240,773 1999 SANITARY SEWER IMPROVEMENTS FULLERTON SUBDIVISION FILE NO. 139-99-100 SmnHary Sewer • Attemete PRELIMINARY COST ESTIMATE ITEM UNIT EST. QUANTITY UNIT PRICE EST. COST Mobilization LS 1 $5,000.00 $5,000 Connect to existing manhole EA 1 1,500.00 1,500 Air release manhole EA 1 2,600.00 2,600 Access manhole EA 3 2,600.00 7,800 Trench or directionally bore 3* HOPE LF 1320 30.00 39,600 1 1/2 ” HOPE service pipe LF 350 15.00 5,250 3” X 1 1/2 ” tee EA 7 250.00 1,750 1 1/2* curb stop and box EA 7 200.00 1,400 Bituminous street patching SY 300 25.00 7,500 Clear and Grub LS 1 3,000.00 3,000 Bituminous driveway restoration SY 75 20.00 1,500 Sod with 4* topsoil SY 2700 3.00 8,100 Seeding w/topsoil, mulch & fertilizer AC 0.4 3,000.00 1,200 Erosion control fence LF 500 2.00 1,000 Residential grinder station EA 7 5,000.00 Estimated Construction Cost •l•5% Contingencies ■i>20% Legal, engineering, admin. •i-5% Bonding and capitalized interest Total EeVmeted Coat $122,200 6,110 $126,310 25,662 $153,972 7,699 $161,671 i i REQUEST FOR COUNCIL ACTION cm iMrjii ««ppTtNQAUG 2 3 1999Cl IY Uh UliUNUDATE: August 23, 1999ITEM NO. Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Repon Item Description: Reject Bids Sojbbs Bay Road Cul-de-Sac Bids have been received for this project. However, there was an error in the specifications regarding state prevailing wages for this project. This results in the need to reject all of the bids to advertise for new bids. Bid advertising could begin the week of August 23rd and new bids could be received before the September 27th Council meeting. We are rKommendmg approval of the attached Council resolutions to reject the bids and authorize a vertising for new bids. This project should still be able to be completed in 1999 with the exception of the final wear course of pavement which will be completed next year. This allows tor the repair of any bad spots that may develop after the spring thaw. COUNCIL ACTION REQUESTED: MNDOT Cooperative Agreement project for the closure of the TH 12/Stubbs Bay Road intersection. “ r p ■ REQUEST FOR COUNCIL ACTION DATE: August 23, 1999 I’fEM NO.: / j Cl Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Approve Easements Stubbs Bay Road Cul-de-Sac We have obtained the two easements required to construct the Stubbs Bay Road Cul-de-Sac. Payment for these easements is at $1.00 per square foot of easement area. This is the standard number we used for the majority of the Old Crystal Bay Road Trail easements. The property owners are agreeable to this payment. COUNCIL ACTION REQUESTED Motion to authorize payment of $1,200 to Kevin & Diane Holmes for an easement to construct the Stubbs Bay Road Cul-de-Sac. Motion to authorize payment of $1,050 to Robert & Summer Taylor for an easement to construct the Stubbs Bay Road Cul-de-Sac. i AUG 2 3 1999 REQUEST FOR COUNCIL ACTION ^ DATE: August 19, 1999 ITEM NO:/a Department Approval: Name Ron Moorse Title Citv Administrator Administrator Reviewed: Item Description: Park Commission Vacancy Agenda Section: City Administrator's Report The resignation of Van Erickson from the Park Commission has created a vacancy on the Commission. With Council authorization, staff will place a news release in the local newspapers announcing the vacancy and requesting applications to fill the vacancy. The attached table shows the attendance records of the Park Commission members. COUNCIL ACTION REQUESTED: Motion to authorize staff to place a news release in the local newspapers announcing the Park Commission vacancy. i , 4 # PARK COMMISSION ATTENDANCE • 1/1/98 TO 8/17/99 (20 meetings) 1/S/tS 21219* il2iW 4W98 5/4/S8 6/1/98 7/6/98 8Q/98 9W98 lO/SWS 11/2W8 12/12/9S 1/4/99 2/1/99 3/1/99 4/S/99 S/3/M 8/7/H 7/8/M 1/2/W % Attewdince HcOennett X X X X X X X X X X X X X X X X X X X MImmi X X X X X X X X X X X X X •8% X X X X X X X X X X X X X X X X X X •0% Wiite X X X X X X X X X X X X X X 70% WMtos X X X X X X X X X 4S% Erickson X X X X X X X X X X X X X X 70% SMmt X X X X X X X X X X X X X X X M% Co» •Mrii mfetinQ REQUEST FOR COUNCIL ACTION AUG 2 3 1999 CITY OF OHONO DATE: August 19, 1999 ITEM NO: /3 Department Approval: Name RonMoorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator’s Report Item Description: Reconveyance of Tax Forfeit Parcel for Actjuisition by the DNR The DNR has indicated an interest in acquiring a parcel of land currently under the City's control adjacent to the Woodrill Scientific and Natural Area and the Luce Line Trail (please see the attached map). The Council has previously indicated support for this acquisition by the DNR. Because the parcel was acquired by the City through tax forfeiture, it is necessary for the City to reconvey the parcel back to Ae State of Minnesota for acquisition by the DNR. A resolution reflecting this action is attached. COUNCIL ACTION REQUESTED: Motion to adopt the attached resolution reconveying the tax forfeit parcel with PID #35-118-23 41 0010 to the State of Minnesota for acquisition by the DNR. 9 i f A RESOLUTION TO RELEASE TAX FORFEITED LAND FOR ACQUISITION BY THE DNR WHEREAS, the City of Orono is a municipal corporation organized and existing under laws of the State of Minnesota; and WHEREAS, the parcel known as PID; 35-118-23 41 0010 became the property of the State of Minnesota for non-payment of real estate taxes on June 8, 1989, and was conveyed to the City of Orono by State Deed No. 173562 on May 18, 1990; and WHEREAS, the City has determined the public use for which the City acquired the parcel is no longer necessary; and WHEREAS, the parcel is adjacent to the Woodrill SNA and the Luce Line Trail; and WHEREAS, the DNR has indicated a strong interest in acquiring the parcel. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono does hereby authorize the reconveyance of the parcel listed below to the State of Minnesota for acquisition by the DNR: PID:35-118-23 41 0010 BE IT FURTHER RESOLVED that the Mayor and the City Administrator be authorized and directed to sign the Reconveyance of Forfeited Lands to State of Minnesota by Governmental Subdivisions on behalf of the City. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 23rd day of August, 1999. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Page 1 of 1 ' *^ •/ V 31.:1/ z.ri:\i -Ci'i tX^l'x: t- f I »v* .^.<' ^/ !-• v*i^ >• '" * V !!__ t-r t ' '• * -• '* r 0 iAwa - 8L - il .’' X /: '^Pmwuw% dF ■■ 2 >* ,0[ * F r» .—' 1 • «<< V : ' ' • I i : t < t f' . • / .■ 1' / / I. I -nr . • ; •-<; • \^l !<S>yM 7 '■\ • « ■ ur‘ • .V7/,.*;. y' , ;)?c:-^ i V’ .*/' • .r !^i-’ * I I Av * 1- ( ; w '' I N' a -■^<vjj ■ •♦ ^1 ♦■I f^!^.' S :) • 4 r ^ . . w • 'a ^! ic: \n(*^’"^' /l.',i;'r^iS^a*7 ■ - ••■ . •• • •■ '^ J 1 ' *y<' ' v^ ■■"Fk- -?';JS O'• . \; • w ; '.'* i' -.^»50in r V *5i’ \2K- I tiv- ijpo:'o • F{^M C0» IMCIL meeting AUG 2 3 'W9 REQUEST FOR COUNCIL ACTION CITY Ol- UiiONU DATE: August 19, 1999 ITEM NO: / ^ Department Approval: Name RonMoorse THIe City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Extension of Sewer Service to 2090 Shoreline Drive - Resolution The City Council has approved the extension of municipal sanitary sewer service to the property at 2090 Shoreline Drive owned by Douglas and Martha Head. A key concern of the Council, and condition of the approval, was that the provision of sewer service not result in an increase in density beyond the current two dwelling units on the property. The Council also directed that with the extension of sewer, an existing out-house on the property be removed. The attached resolution reflects these concerns and conditions. COUNCIL ACTION REQUESTED: Motion to adopt the attached resolution regarding the extension of municipal sanitary sewer service to the property at 2090 Shoreline Drive. A RESOLUTION REGARDING THE EXTENSION OF MUNICIPAL SANITARY SEWER SERVICE TO THE HEAD PROPERTY AT 2090 SHORELINE DRIVE WHEREAS, the property at 2090 Shoreline Drive is owned by Douglas and Martha Head; and WHEREAS, the property is approximately 3.91 acres in area, with approximately 3/4 acre being dry-buildable; and acres; and WHEREAS, the property is zoned LR-1 A, which requires a minimum lot size of two WHEREAS, there are two currently-used houses existing on the property, constructed prior to the adoption of the Zoning Code; and WHEREAS, the Heads have requested the City approve the provision of municipal sanitary sewer service to the property; and WHEREAS, the Heads have requested the sewer serve both houses, and that the City Council confirm that the property will continue to be able to have two dwelling units; and WHEREAS, it is important to ensure that the extension of sewer to the property will not result in an increase in density beyond the current two dwelling units on the property. NOW, THEREFORE, BE IT RESOLVED that the Orono City Council does hereby approve the extension of municipal sanitary sewer to the property at 2090 Shoreline Drive and confirm the property will continue to be able to have two dwelling units, with the following conditions: 1.The Heads place deed covenants on the property providing that there will be no more than two dwelling units on the property and no more than two buildable lots on the property. Page 1 of2 1 4 I I 2.The out-house near the unused cabin be removed within six months of the provision of sewer to the property.1 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held August 23„ 1999. ATTEST: I. inda S. Vee, City Clerk Gabriel Jabbour, Mayor Page 2 of2 t%f\(iu AB()l/F ^Ldo'o I LAtt IdoYFAt- ^UoV FLFI/. SO 1^\ 0 \00 I r \ f)n^ 0OMMr!l| K/ICPTINQ REQUEST FOR COUNCIL ACTION AUG 2 3 1999 CITY Oncwvu DATE; August 23, 1999 ITEM NO: /5^ Department Approval: Name Carole Hasman Title Deputy City Clerk Administrator Reviewed:Agenda Section: Licenses Item Description: List of Licenses for Council Approval SPECUL EVENT PERMIT Applicant: Event: Location: Date: Time: Richard Carlson Parade of Homes in Minnetonka Beach Operate a shuttle service at Navarre Parking Lot September 11,1999 to October 3,1999 12:00 p.m. to 6:00 p.m. COUNCIL ACTION REQUESTED: Motion to approve/deny the above listed permit. * • PARADES & SPECIAL EVENTS PERMIT APPLICATION CITY OF ORONO, MINNESOTA Permit #: Fee: S50.00 Date Received: Phone Number: 0 0:00 Name: • Address: 1^0 ^ i/^. jpQ « _____________/KIAJ 5tfT. n^oAS- <iU/0 Date of Event: jr L3 * -v Hours of Event: *^/n Tb io/3 Type of Event: 0 Insurance Company:. ^uT7L€- fo/^ \-(orw£ ,Vr 3^ ui^^TjtXx^ ft-6 . KVti(v*A) CT«M< ^ . Amount: ____ (Copy of insurance certificate, on which the City, its agents and employees are named as additional insured, 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. 1 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 Approved: Q Denied: d By:. Remarks: COU/virlL /)r P\v:l/€\0 '2. S IVEtlClgbVi ^0 t)nu(bk'‘:\ rc i fo OULi PSfPLti crrYof cmoNO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 DATA PRIVACY ADVISORY In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1.The information you furnish will be used to determine your qualification for the permit or license requested. 2.You may refuse to supply data, but refusal may require that the city deny the permit or license. 3.The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4.If your requested permit or license requires Council action to approve, some information may become public. 5. 6. You have certain rights under M.S. 13.04 to review private data on yourself. Your full name is required to process this application or permit. 1\\cM£b First CMUSo/^ Middle Last iY\ a! / City State (ie H0>A-(^O Phone I understand my rights as stated above. Tdei «U)473>7357 • FAX 4734510 Orono Police Department Carole Haseman, Deputy City Clerk ..Civ TO: FROM: DATE: August 17,1999 SUBJECT: Special Event Permit Attached is a special event permit application from Jyland Development, Inc. to use the Navarre parking lot to operate a shuttle service during a parade of home event at 2933 Westwood Road, Minnetonka Beach to be held 12:00 p.m. - 6:00 p.m., Thursday through Sunday, from September 11, 1999 to October 3, 1999. COtlMcil MPETINQ /A 19 Aug 1999 Check Register Page 1 Thu 3:19 PM City of Orono Check Number Date Name Amount Comments Check Number 59559 ALL STAR ELECTRIC 59559 19-Aug-99 ALL STAR ELECTRIC 60.34 HWY LTG MAINT 59559 19-Aug-99 ALL STAR ELECTRIC 60.34 HWY LTG MAINT 59559 19-Aug-99 ALL STAR ELECTRIC 340.14 LS 19 59559 19-Aug-99 ALL STAR ELECTRIC 93.74 FLAG POLE-ROPE,LIGHT 59559 19-Aug-99 ALL STAR ELECTRIC 283.39 ELEC WORK - LS 11 59559 19-Aug-99 ALL STAR ELECTRIC 53.50 ELEC WORK - LS 17 59559 19-Aug-99 ALL STAR ELECTRIC 141.25 ELEC WORK - LS 22 Totals Check Number 59559 ALL STAR ELECTRIC 1,032.70 Check Number 59560 AMERICABLE 59560 19-Aug-99 AMERICABLE Totals Check Number 59550 AMERICABLE Check Number 59561 AUGISS MOBILE CHEF 59561 19-AUJ-99 AUGIES MOBILE CHEF Totals Check Number 59561 AUGIES HOJTLE CHEF Check Number 59562 BLACKOWIAK A SON Check Number 59563 BUDGET PRINTING 59563 59563 19-Aug-99 19-Aug-99 BUDGET PRINTING BUDGET PRINTING Totals Check Number 59563 BUDGET PRINTING Check Number 59564 BURNETT TITLE 59564 19-Aug-99 BURNETT TITLE Totals Check Number 59564 BURNETT TITLE Check Number 59565 C/SH REGISTER SERVICE 6 SALES 59565 19-Aug-99 CASH REGISTER SERVICE 6 SALES 26.02 26.02 51.84 51.84 26.00 5.40 31.40 174.00 174.00 105.00 CALBE-ST PRINTER HOT DOG, HAMBURGER 59562 T9-Aug-99 BLACKOWIAK a SON 157.80 SOLID WSTE SERVICE 59562 19-Aug-99 BLACKOWIAK a SON 72.33 SOLID WSTE SERVICE 59562 19-Aug-99 BLACKOWIAK a SON 191.72 SOLID WSTE SERVICE 59562 19-Aug-99 BLACKOWIAK a SON 157.80 SOLID WSTE SERVICE Totals Check Number 59562 BLACKOWIAK a SON 579.65 75TH ANIV COUPON UPS CHARGES REFUND - OVPMT 3554 LYRI CASH REGISTER RPR V. . ’ • •» * • 19 Aug 1999 Thu 3:19 PM Check Register City of Orono . ' I Check Number Date Name Check Number 59565 CASH REGISTER SERVICE fi> SALES Totals Check Number 59565 CASH REGISTER SERVICE & SALES Check Number 59566 CHAMPION AUTO STORES 59566 19-Aug-99 CHAMPION AUTO STORES Totals Check Number 59566 CHAMPION AUTO STORES Check Number 59567 CITY OF WAYZATA 59567 19-Aug-99 CITY OF WAYZATA Totals Check Number 59567 CITY OF WAYZATA Check Number 59560 CONNELLY INDUSTRIAL ELEC. 59568 19-Aug-99 CONNELLY INDUSTRIAL ELEC, Totals Check Number 59560 CONNELLY INDUSTRIAL ELEC, Check NunOser 59569 CULLIGAN 59569 19-Aug-99 CULLIGAN Totals Check Number 59569 CULLIGAN Check Number 59570 CUMMINS DIESEL SALES INC 59570 19-Aug-99 CUMMINS DIESEL SALES INC Totals Check Number 59570 CUMMINS DIESEL SALES INC, Check Number 59571 DAHLGREN SHARDLOW li UBAN 59571 59571 19-Aug-99 19-Aug-99 DAHLGREN SHARDLOW k L'BAN DAHLGREN SHARDLOW k UBAN Totals Check Number 59571 DAHLGREN SHARDLOW k UBAN Check Number 59572 DAKOTA RAIL 59572 19-Aug-99 DAKOTA RAIL Totals Check Number 59572 DAKOTA RAIL Check Number 59573 DAY DISTRIBUTING CO. 59573 19-Aug-99 DAY DISTRIBUTING CO Transaction Amount 105.00 106.49 106.49 3,132.04 3,132.04 876.05 876.05 56.08 56.08 90.86 90.86 321.38 337.50 658.88 500.00 500.00 30.60 Page 2 Comments FUEL PUMP - 8427 LICENSE PLATES LS 11 CONTROL PANEL SOFTENER SERVICE FUEL PUMP KIT ADDT'L ENG APPL 82308 COMP PLAN MAPPING POWERLINE LEASE - LS 1 SNACKS FOR RESALE 19 Aug 1999 Thu 3:19 PM Check Register City of Orono Page 3 Check Number Date Name Check Number 59573 DAY DISTRIBUTING CO. Totals Check Number 59573 DAY DISTRIBUTING CO Check Number 59574 DCA - WIRE ONLY 59574 19-Aug-99 DCA - WIRE ONLY Totals Check Number 59574 DCA - WIRE ONLY Check Number 59575 DELL 59575 19-Aug-99 DELL Totals Check Number 59575 DELL Check Number 59576 DELTA DENTAL Check Number 59577 DEPT OF ADM - INTERTECH GROUP 59577 19-Aug-99 DEPT OF ADM - INTERTECH GROUP Totals Check Number 59577 DEPT OF ADM - INTERTECH GROUP Check Number 59578 EARL F. ANDERSON & ASSOC. 59578 19-Aug-99 EARL P. ANDERSON k ASSOC. Totals Check Number 59578 EARL F. ANDERSON k ASSOC. Check Number 59579 EAST SIDE BEVERAGE 59579 19-Aug-99 EAST SIDE BEVERAGE Totals Check Number 59579 east side beverage Check Number 59580 ELECTRIC PUMP 59580 19-Aug-99 ELECTRIC PUMP Totals Check Number 59580 ELECTRIC PUMP Transaction Amount 30.60 955.64 955.64 8.168.58 8.168.58 423.68 423.68 1,702.29 1,702.29 218.7C 218.70 361.45 361.45 Comments SPENDING ACCTS 8/8/99 DELL COMPUTERS 59576 19-Aug-99 DELTA DENTAL 3.64 SEPTEMBER 99 DENTAL 59576 19-Aug-99 DELTA DENTAL 0.94 SEPTEMBER 99 DENTAL 59576 19-Aug-99 DELTA DENTAL 8.83 SEPTEMBER 99 DENTAL 59576 19-Aug-99 DELTA DENTAL 2.82 SEPTEMBER 99 DENTAL 59576 19-Aug-99 DELTA DENTAL 0.94 SEPTEMBER 99 DENTAL 59576 19-Aug-99 DELTA DENTAL 5.93 SEPTEMBER 99 DENTAL 59576 19-Aug-99 DELTA DENTAL 864.30 SEPTEMBER 99 DENTAL Totals Check Number 59576 DEJ.TA DENTAL 887.40 PHONE SERVICE 7/99 SIGNS BEER FOR RESALE REPAIRS LS S19 19 Aug 1999 Thu 3:19 PM Check Register City of Orono Page 4 Check Number Check Number Check Humber 59581 Date Name 59500 ELECTRIC PUMP 59501 ENGINEERING REPRO SYSTEMS 19-Aug-99 ENGINEERING REPRO SYSTEMS Totals Check Number 59581 ENGINEERING REPRO SYSTEMS •’ Check Number 59582 FISCHER, CHRIS 59582 19-Aug-99 FISCHER, CHRIS Totals Check Number 59582 FISCHER, CHRIS f ■ Totals Check Number 59505 GE CAPITAL Check Number 59507 GENUINE PARTS CO. 59507 19-Aug-99 GENUINE PARTS CO Transaction Amount Comments 95.96 95.96 SCAN TO PLOT-SCHMIDT 12.25 12.25 DONUTS-SATURATION PATROL Check Number 59583 G &K SERVICES 59583 19-Aug-99 G & K SERVICES 8.52 UNIFORM - STEFFENHAGEN 59583 19-Aug-99 G & K SERVICES 14.02 UNIFORM - RATHBUN 59583 19-Aug-99 G A K SERVICES 8.52 UNIFORM - STEFFENHAGEN 59503 19-Aug-99 G & K SERVICES 86.44 MAT SERVICE - PW 59583 19-Aug-99 G & K SERVICES 14.02 UNIFORM - RATHBUN 59503 19-Aug-99 G & K SERVICES 95.66 UNIFORMS 59583 19-Aug-99 G fic K SERVICES 76.39 UNIFORMS 59503 19-Aug-99 G & K SERVICES 30.88 SHOP TOWELS 59583 19-Aug-99 G & K SERVICES 55.11 MATS - PD 59583 19-Aug-99 G a K SERVICES 42.01 MATS ADMIN 59583 19-Aug* >9 G & K SERVICES 42.01 MATS-COUNCIL CHMBRS Totals Check Number 59583 G & K SERVICES 473.58 Check Number 59584 GALL'S INC. 59584 19-Aug-99 GALL'S INC.107.97 CASSETTE RECORDERS Totals Check Number 59584 GALL'S INC.107.97 Check Number 59585 GE CAPITAL 59585 19-Aug-99 GE CAPITAL 58.87 INSTALL STATE PRINTER 59505 19-Aug-99 GE CAPITAL 105.20 SERIAL ADPT - ST PRINTER 59585 19-Aug-99 GE CAPITAL 358.62 STATE COMPUTER PRINTER 522.69 0.14 SPARK PLUG 1 i 19 Aug 1999 Check Register Totals Check Number 59587 GENUINE PARTS CO. Check Number 59508 GHT CONSTRUCTION, INC 59508 19-Aug-99 GHT CONSTRUCTION, INC Totals Check Number 59500 GHT CONSTRUCTION, INC Check Number 59589 GILLUM, PATRICK 59509 19-Aug-99 GILLUM, PATRICK Totals Check Number 59589 GILLUM, PATRICK Check Number 59590 GLENCOE UNIFORMS 59590 19-Aug-99 GLENCOE UNIFORMS Totals Check Number 59590 GLENCOE UNIFORMS Check Number 59591 GOLF CAR MIDWEST 59591 19-Aug-99 GOLF CAR MIDWEST Totals Check Number 59591 GOLF CAR MIDWEST Check Number 59592 GOPHER STATE ONE-CALL INC. 59592 59592 19-Aug-99 19-Aug-99 GOPHER STATE ONE-CALL INC GOPHER STATE ONE-CALL INC Totals Check Number 59592 GOPHER STATE ONE-CALL INC 323.03 5,504.00 5,504.00 85.55 05.55 600.CO 600.00 1,400.00 1,400.00 22.75 68.25 91.00 Page 5 Thu 3:19 PM City of Orono Check Transaction Number Date Name Amount Comments Check Number 59587 GENUINE PARTS CO. 59507 19-Aug-99 GENUINE PARTS CO.30.89 SCREWS, LOCK 59587 19-Aug-99 GENUINE PARTS CO.16.52 LENS 59587 19-Aug-99 GENUINE PARTS CO.37.95 VOLT REG 59507 19-Aug-99 GENUINE PARTS CO.37.35 FILES 59507 19-Aug-99 GENUINE PARTS CO.41.63 OIL FILTER 59507 19-Aug-99 GENUINE PARTS CO.25.3C QUART 59507 19-Aug-99 GENUINE PARTS CO.13.C3 SPARK PLUGS 59587 19-Aug-99 GENUINE PARTS CO.10.51 TEMINAL 59507 19-Aug-99 GENUINE PARTS CO.2.44 BRAKE LINE 59507 19-Aug-99 GENUINE PARTS CO.17.C3 MISC PART 59587 19-Aug-99 GENUINE PARTS CO.36.43 FILTER 59507 19-Aug-99 GENUINE PARTS CO.8.50 MISC PART 59507 19-Aug-99 GENUINE PARTS CO.10.54 CLAMP 59587 19-Aug-99 GENUINE PARTS CO.26.53 TRANS FLUID RFP 4 LS13 REHAB - FINAL REIM FOR IMPROPER TOW BALLISTIC VEST GOLF CART LEASE LOCATES JULY 1999 LOCATES JULY 1999 \ 19 Aug 1999 Thu 3:19 PM :heck Register City of Orono Check Number Date Name Check Number 59593 59593 GRAND VIEW LODGE 19-Aug-99 GRAND VIEW LODG] Totals Check Number 59593 GRAND VIEW LODGE Check Number 59594 GTE DIRECTORIES S9594 19-Aug-99 GTE DIRECTORIES Totals Check Number 59594 GTE DIRECTORIES Check Number 59595 HACH CHEMICAL CO. c 59595 19-Aug-99 HACH CHEMICAL CZ Totals Check Number 59595 HACH CHEMICAL CC. check Number 59596 HASEMAN, CAROLE 59596 59596 19-Aug-99 19-Aug-99 HASEMAN, CAROLE HASEMAN, CAROLS Totals Check Number 59596 HASEMAN, CAROLE Check Number 59597 HENNEPIN COUNTY TREASURER 59597 19-Aug-99 HENNEPIN COUNTY TREASURER Totals Check Number 59597 HENNEPIN COUNTY TEEASURER Check Number 59590 HYDRO SUPPLY CO. 59598 19-Aug-99 HYDRO SUPPLY CO Totals Check Number 59590 HYDRO SUPPLY CO Check Number 59599 ISTS WORKSHOP 59599 59599 19-Aug-99 19-Aug-99 ISTS WORKSHOP ISTS WORKSHOP Totals Check Number 59599 ISTS WORKSHOP Check Number 59600 JOHN BABLER AUTOBODY 59600 19-Aug-99 JOHN BABLER AUT:r:DY Totals Check Number 59600 JOHN BABLER AUT:3:DY Transaction Amount 149.10 149.10 130.80 130.80 130.84 130.84 40.92 60.66 101.58 50.00 50.00 1,124.10 1,124.10 20.00 20.00 40.00 90.53 90.53 Page 6 Comments LODGING 1O/6-1O/0-JOHNSON YELLOW PAGE ADV WTR TSTING SUPPLIES MILEAGE REIMBURSEMENT CLERK INSTITUTE PERMIT-HWY135 SWR REPAIR METERS FOR RESALE TRAINING - OMAN TRAINING - PENCE WHEEL - il86 19 Aug 1999 Thu 3:19 PM Check Register City of Orono Check Humber Date Name Check Humber 59601 59601 KELLY'S VfRECKER SERVICE 19-Aug-99 KELLY'S WRECKER SERVICE Totals Check Number 59601 KELLY'S WRECKER SERVICE Check Number 59602 KENNETH N. POTTS. PA 59602 59602 19-Aug-99 19-Aug-99 KENNETH N. FCTTS. PA KENNETH N. PCTTS. PA Totals Check Number 59602 KENNETH N. PCTTS, PA Check Number 59603 KOEHNEN'S AMOCO 59603 19-Aug-99 KOEHNEN'S Ky.ZCO Totals Check Number 59603 KOEHNEN'S AKCCO Check Number 59604 LONG LAKE BIG A AUTO PARTS 59604 59604 59604 19-Aug-99 19-Aug-99 19-Aug-99 LONG LAKE BIG A AUTO PARTS LONG LAKE BIG A AUTO PARTS LONG LAKE BIG A AUTO PARTS Totals Check Number 59604 LONG LAKE BIG A AUTO PARTS Check Humber 59605 LONG LAKE POWER EQUIPMENT 59605 19-Aug-99 LONG LAKE PCWER EQUIPMENT Totals Check Number 59605 LONG LAKE PCWER EQUIPMENT Check Number 59606 LORRAINE BENSON 59606 19-Aug-99 LORRAINE BENSCN Totals Check Number 59606 LORRAINE BENSCN Check Number 59607 MALEFI 59607 19-Aug-99 MALEFI Totals Check Number 59607 MALEFI Check Humber 59600 MET COUNCIL ENVIRONMENTAL SVCS 59608 19-Aug-99 MET COUNCIL ENVIRONMENTAL SVCS Transaction Amount 125.00 125.00 154.00 2,291.66 2,445.66 8.38 8.38 1.32 30.00 4.73 36.05 7.60 7.60 195.16 195.16 135.00 135.00 19,550.92 Page 7 Comments TOW 8424 TO SHOP 1996 JEEP FORFIETURE PROSECUTION SRVC 7/99 GASOLINE FLASHER TESTER. WRENCH MISC SUPPLY STRAPS FOR HARD HAT REFUND 8/99 COBRA PREM FALL CONFERENCE-B JOHNSON SEWER SERVICE 9/99 19 Aug 1999 Thu 3:19 PM Check Register City of Orono Check Number Date Name Check Number 59608 59608 MET COUNCIL ENVIRONMENTAL SVCS 19-Aug-99 MET COUNCIL ENVIRONMENTAL SVCS Totals Check Number 59608 MET COUNCIL ENVIRONMENTAL SVCS Check Number 59609 MET COUNCIL ENVIRONMENTAL SER 59609 59609 19-Aug-99 19-Aug-99 MET COUNCIL ENVIRONMENTAL SER MET COUNCIL ENVIRONMENTAL SER Totals Check Number 59609 MET COUNCIL ENVIRONMENTAL SER Check Number 59610 MIDWEST ASPHALT 59610 59610 59610 19-Aug-99 19-Aug-99 19-Aug-99 MIDWEST ASPHALT MIDWEST ASPHALT MIDWEST ASPHALT Totals Check Number 59610 MIDWEST ASPHALT Check Number 59611 MINNEAPOLIS OXYGEN COMPANY 59611 59611 19-Aug-99 19-Aug-99 MINNEAPOLIS OXYGEN COMPANY MINNEAPOLIS OXYGEN COMPANY Totals Check Number 59611 MINNEAPOLIS OXYGEN COMPANY Check Number 59612 MINNESOTA DEPT. OF REVENUE 59612 59612 59612 19-Aug-99 19-Aug-99 19-Aug-99 MINNESOTA DEPT. OF REVENUE MINNESOTA DEPT. OF REVENUE MINNESOTA DEPT. OF REVENUE Totals Check Number 59612 MINNESOTA DEPT. OF REVENUE Check Number 59613 MN COUNTY ATTORNEYS ASSOC. 59613 19-Aug-99 MN COUNTY ATTORNEYS ASSOC. Totals Check Number 59613 MN COUNTY ATTORNEYS ASSOC. Check Number 59614 MN/SCIA 59614 19-Aug-99 MN/SCIA Totals Check Number 59614 MN/SCIA Check Number 59615 MR AUGIES COFFEE SERVICE 59615 19-Aug-99 MR AUGIES COFFEE SERVICE Transaction Amount -1,355.00 18,203.92 1,050.00 -10.50 1,039.50 201.21 125.98 2,553.51 2,880.70 13.50 27.00 40.50 23.00 480.00 2,766.00 3,269.00 23.95 23.95 140.00 140.00 49.50 Page 8 Comments PR YR COST ALLOC SAC CHARGES 6/99 SAC CHARGES 6/99 HAND PATCH HAND PATCH HAND PATCH MEDICAL OXYGEN ACETYLENE, OXYGEN SALES TAX 7/99 SALES TAX 7/99 SALES TAX 7/99 DUI FORFEITURE FORMS INVESTIGATORS WRKSHP COFFEE FOR RESALE 4 19 Aug 1999 Thu 3:19 PM Check Register City of Orono Page 9 Check Transaction Number Date Name Amount Comments Check Number 59615 MR AUGIES COFFEE SERVICE Totals Check Number 59615 MR AUGIES COFFEE SERVICE 49.50 Check Number 59619 NAVARRE HARDWARE 59619 19-Aug-99 NAVARRE HARDWARE 10.53 MAUL HANDLE 59619 19-Aug-99 NAVARRE HARDWARE 3.81 KEY 59619 19-Aug-99 NAVARRE HARDWARE 31.90 CAULK 59619 19-Aug-99 NAVARRE HARDWARE 31.90 CAULK 59619 19-Aug-99 NAVARRE HARDWARE 9.01 PLUGS, BLADES 59619 19-Aug-99 NAVARRE HARDWARE 25.51 DISINFECTANT, SPT REMVR 59619 19-Aug-99 NAVARRE HARDWARE 49.82 FILTERS, ROUND UP 59619 19-Aug-99 NAVARRE HARDWARE 33.96 BULK GRSS SEED, TAPE 59619 19-Aug-99 NAVARRE HARDWARE 7.96 SEALANT, GLUE, SPK PLUG 59619 19-Aug-99 NAVARRE HARDWARE 5.31 GLASS FUSE 59619 19-Aug-99 NAVARRE HARDWARE 8.28 LABEL TAPE 59619 19-Aug-99 NAVARRE HARDWARE 6.42 ELBOW, NIPPLE, CEMENT 59619 19-Aug-99 NAVARRE HARDWARE 37.26 NYLON FLAG 59619 19-Aug-99 NAVARRE HARDWARE 1.07 BOLTS 59619 19-Aug-99 NAVARRE HARDWARE 39.30 PAINT, WTR SEAL, LATCH 59619 19-Aug-99 NAVARRE HARDWARE 21.02 PAINT, PRIMER 59619 19-Aug-99 NAVARRE HARDWARE 1.69 CHAIN 59619 19-Aug-99 NAVARRE HARDWARE 2.00 PLUMBLING PARTS 59619 19-Aug-99 NAVARRE HARDWARE 12.75 CLEANING SUPPLIES 59619 19-Aug-99 NAVARRE HARDWARE 23.42 RATCHET 59619 19-Aug-99 NAVARRE HARDWARE 19.75 ROPE, CHAIN 59619 19-Aug-99 NAVARRE HARDWARE 21.68 WTR SEAL, KEY 59619 19-Aug-99 NAVARRE HARDWARE 0.27 BULK SCREWS 59619 19-Aug-99 NAVARRE HARDWARE 1.35 CABLE TIES 59619 19-Aug-99 NAVARRE HARDWARE 9.12 SPUNGE, DISHSOAP 59619 19-Aug-99 NAVARRE HARDWARE 2.64 GALV TEE k NIPPLE 59619 19-Aug-99 NAVARRE HARDWARE 30.12 BITS 59619 19-Aug-99 NAVARRE HARDWARE 21.26 RAT POISON, BRUSHES 59619 19-Aug-99 NAVARRE HARDWARE 9.55 PAINT 59619 19-Aug-99 NAVARRE HARDWARE 20.55 STAIN, BRUSH 59619 19-Aug-99 NAVARRE HARDWARE 58.35 PAINT, WASP SRY, WTR SEAL 59619 19-Aug-99 NAVARRE HARDWARE 21.26 SPRINKLER 59619 19-Aug-99 NAVARRE HARDWARE 6.79 CONCRE-"5 MIX 59619 19-Aug-99 NAVARRE HARDWARE 13.83 HOSE 59619 19-Aug-99 NAVARRE HARDWARE 5.85 WTR PLNT SUPPLIES 59619 19-Aug-99 NAVARRE HARDWARE 5.08 ASST BALLOONS 59619 19-Aug-99 NAVARRE HARDWARE 13.81 HOSE Totals Check Number 59619 NAVARRE HARDWARE 624.18 Check Number 59620 NORTH STAR TURF 59620 19-Aug-99 NORTH STAR TURF 290.91 BLADE SHARPENING 1 19 Aug 1999 Thu 3:19 PM Check Register City of Orono Page 10 Check Number Check Number Date Name 59620 NORTH STAR TURF 59625 19-Aug-99 PALMATEER, DON Totals Check Number 59625 PALMATEER, DON Check Number 59626 PERRY'S SANDBLASTING 59626 19-Aug-99 PERRY'S SANDBLASTING Totals Check Number 59626 PERRY'S SANDBLASTING Check Number 59627 PERSONNEL DECISIONS Transaction Amount 64.02 64.02 30.89 30.89 Comments Totals Check Number 59620 NORTH STAR TURF 290.91 Check Number 59621 NSP 59621 19-Aug-99 NSP 1,206.64 STREET LGHTING 7/99 59621 19-Aug-99 NSP 892.75 ELECTRICAL SERVICE 59621 19-Aug-99 NSP 722.25 ELECTRICAL SERVICE 59621 19-Aug-99 NSP 3,137.10 ELECTRICAL SERVICE Totals Check Number 59621 NSP 5,948.74 Check Number 59622 OLD DUTCH FOODS INC. 59622 19-Aug-99 OLD DUTCH FOODS INC.17.64 CHIPS FOR RESALE Totals Check Number 59622 OLD DUTCH FOODS INC.17.64 Check Number S9623 OMAN. LYLE 59623 19-Aug-99 OMAN,LYLE 33.66 MILEAGE REIM 59623 19-Aug-99 OMAN,LYLE 26.40 MILEAGE REIM 59623 19-Aug-99 OMAN,LYLE 26.40 MILEAGE REIM 59623 19-Aug-99 OMAN,LYLE 16.50 MILEAGE REIM 59623 19-Aug-99 OMAN,LYLE 28.05 MILEAGE REIM 59623 19-Aug-99 OMAN,LYLE 19.80 MIT.EAGE REIM 59623 19-Aug-99 OMAN,LYLE 28.38 MILEAGE REIM Totals Check Number 59623 OMAN,LYLE 179.19 Check Number 59624 OXYGEN SERVICE COMPANY 59624 19-Aug-99 OXYGEN SERVICE CC.MPANY 138.43 OXYGEN,ACETYLENE Totals Check Number 59624 OXYGEN SERVICE CC.MPANY 138.43 Check Number 59625 PALMATEER , DON MILEAGE REIMBURSMENT CHK TIRE - SQD 184 I 1 4 19 Aug 1999 Thu 3:19 PM Check Register City of Orono Check Number Date Name Check Number 59627 59627 PERSONNEL DECISIONS 19-Aug-99 PERSONNEL DECISIONS Totals Check Number 59627 PERSONNEL DECISIONS Check Number 59620 PRECISION TURF 59628 19-Aug-99 PRECISION TURF Totals Check Number 59620 PRECISION TURF Check Number 59629 QUARTERLY ADVERTISING, INC 59629 19-Aug-99 QUARTERLY ADVERTISING, INC Totals Check Number 59629 QUARTERLY ADVERTISING, INC Check Number 59630 SA-AG INC. 59630 59630 19-Aug-99 19-Aug-99 SA-AG INC. SA-AG INC Totals Check Number 59630 SA-AG INC Check Number 59631 SCHARBER & SONS 59631 19-Aug-99 SCHARBER k SONS Totals Check Number 59631 SCHARBER & SONS Check Number 59632 SCHOENHOFF* JOHN 59632 19-Aug-99 SCHOENHOFF, JOHN Totals Check Number 59632 SCHOENHOFF, JOHN Check Number 59633 SPALDING 59633 19-Aug-99 SPALDING Totals Check Number 5963J SPALDING Check Number 59634 SUBURBA.I RATE AUTHORITY 59634 15r-AUg-99 SUBURBAN RATE AUTHORITY Totals Check Number S3634 SUBURBAN RATE AUTHORITY Check Number 59635 SUBURBAN TIRE INC. Transaction Amount 40.00 40.00 170.71 178.71 295.00 295.00 126.33 252.02 370.35 16.07 16.07 31.78 31.70 508.32 508.32 400.00 400.00 Page 11 Comments POSITION PROFILE INSECTICIDE DISPLAY ADV BEACH SAND BEACH SAND SWITCH k NUT DARE SUPPLIES GOLF BALLS FOR RESALE 2ND HALF 1999 MMBRSHIP Ii 19 Aug 1999 Thu 3x19 PM Check Register City of Orono Check Number Date Name Check Number 59635 59635 SUBURBAN TIRE INC. 19-Aug-99 SUBURBAN TIRE INC Totals Check Number 59635 SUBURBAN TIRE INC Check Number 59636 SUTHERLANDS 59636 19-Aug-99 SUTHERLANDS Totals Check Number 59636 SUTHERLANDS Check Number 59637 TEMPORARIES-TO-GO Transaction Amount 230.59 230.59 1,930.00 1,930.00 Page 12 Comments TIRES 9426 PRUNE BUSHES - CH 59637 19-Aug-99 TEMPORARIES-TO-GO 533.25 TEMP HELP-WK END 8/15/99 59637 19-Aug-99 TEMPORAR1ES-TO-GO 472.50 TEMP HELP-WK END 8/8/99 Totals Check Number 59637 TEMPORARIES-TO-GO 1,005.75 Check Number 59636 TOLL GAS iSi WELDING SUPPLY 59638 19-Aug-99 TOLL GAS k WELDING SUPPLY 5.99 CYLINDER RENTAL 59638 19-Aug-99 TOLL GAS k WELDING SUPPLY 11.45 LEATHER BIB 59638 19-Aug-99 TOLL GAS k WELDING SUPPLY 35.89 OXYGEN, ACETYLENE Totals Check NunO^er 59638 TOLL GAS k WELDING SUPPLY 53.23 Check Number 59639 TRACY TRIPP FUELS 59639 19-Aug-99 TRACY TRIPP FUELS 3,004.40 3007 GALS UNLEADED Totals Check Number 59639 TRACY TRIPP FUELS 3,004.40 Check Number 59640 UNIFORMS UNLIMITED 59640 19-Aug-99 UNIFORMS UNLIMITED 64.62 SHIRTS - JOHNSON 59640 19-Aug-99 UNIFORMS UNLIMITED 77.12 SHIRT/PANTS - CJ 59640 19-Aug-99 UNIFORMS UNLIMITED 104.96 COLLAR LETTERS Totals Check Number 59640 UNIFORMS UNLIMITED 246.70 Check Number 59642 UNUM LIFE INSURANCE - LIFE 59642 19-Aug-99 UNUM LIFE INSURANCE - LIFE 1.20 AD a D 8/99 59642 19-Aug-99 UNUM LIFE INSURANCE - LIFE 0.90 AUGUST AD a D 59642 19-Aug-99 UNUM LIFE INSURANCE - LIFE S.IO AUGUST AD a D 59642 19-Aug-99 UNUM LIFE INSURANCE - LIFE 0.30 AUGUST 1999 59642 19-Aug-99 UNUM LIFE INSURANCE - LIFE 2.40 AUGUST 1999 19 Aug 1999 Thu 3:19 PM Check Register City of Orono Check Number Date Name Check Number 59642 59642 59642 59642 59642 59642 59642 59642 59642 59642 59642 59642 59642 59642 59642 59642 UNUM LIFE 19-Aug-99 19-Aug-99 19-Aug-99 19-Aug-99 19-Aug-99 19-Aug-99 19-Aug-99 19-Aug-99 19-Aug-99 19-Aug-99 19-Aug-99 19-Aug-99 19-Aug-99 19-Aug-99 19-Aug-99 INSURANCE UNUM LIFE UNUM LIFE UNUM LIFE UNUM LIFE UNUM LIFE UNUM LIFE UNUM LIFE UNUM LIFE UNUM LIFE UNUM LIFE UNUM LIFE UNUM LIFE UNUM LIFE UNUM LIFE UNUM LIFE - LIFE INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE LIFE LIFE LIFE LIFE LIFE LIFE LIFE LIFE LIFE LIFE LIFE LIFE LIFE LIFE LIFE Totals Check Number 59642 UNUM LIFE INSURANCE - LIFE Check Number 59643 US NEST COMMUNICATIONS 59643 59643 19-Aug-99 19-Aug-99 US WEST COMMUNICATIONS US WEST COMMUNICATIONS Totals Check Number 59643 US WEST COMMUNICATIONS Check Number 59644 WIDMER INC 59644 19-Aug-99 Totals Check Number WIDMER INC 59644 WIDMER INC Check Number 59645 WILLIAMS TOWING 59645 19-Aug-99 WILLIAMS TOWING Totals Check Number 59645 WILLIAMS TOWING Check Number 59646 WISCONSIN MAGNETO 59646 19-Aug-99 WISCONSIN MAGNETO Totals Check Number 59646 WISCONSIN MAGNETO Check Number 59647 WM MUELLER k SONS 59647 19-Aug-99 WN MUELLER k SONS Transaction Amount 75.17 45.94 121.11 3.795.00 3.795.00 70.00 70.00 67.25 67.25 1,230.32 Page 13 Comments 0.60 AUGUST AD fit 0.30 AUGUST 1999 9.75 AUGUST AD fi. 76.95 5.60 AUGUST LIFE 4.20 AUGUST LIFE 23.80 AUGUST LIFE 5.60 AUGUST LIFE 1.40 AUGUST LIFE 11.20 AUGUST LIFE 2.80 AUGUST LIFE 1.40 AUGUST LIFE 21.75 AUGUST LIFE 341.55 AUGUST LIFE 1.20 AUGUST AD k 518.00 PHONE SERVICE PHONE SERVICE HOOK UP FORCEMAIN-CTY 135 TOW - NISSAN MAXIMA OVERHAUL KIT PEA ROCK FOR PLAYGRND 19 Aug 1999 Thu 3:19 PM Check Register City of Orono Page 14 Check Number Date Name Transaction Amount Comments Check Number 59647 59647 NM MUELLER a SONS 19-Aug-99 WM MUELLER a SONS Totals Check Number 59647 WM MUELLER a SONS 242.79 1,473.11 PEA ROCK FOR PLAYGRND Check Number 59640 ZAHL EQUIPMENT 59648 19-Aug-99 ZAHL EQUIPMENT Totals Check Number 59648 ZAHL EQUIPMENT 794.97 794.97 TRUCK LIFT INSPECTION Grand Total 62,254.64 ■I . ^ . h % f s V- ir Mm 1^ 19 Aug 1999 Thu 3:19 PM Check Register City of Orono Page 15 Finance User Initials RJO Thursday 19 August 1999 3:IB PM Start 3:19 PM Finish Buffer Name History Records Read Records Selected Number of Pages 1554 213 15 Selected by Check/receipt Date Equal To 23-Aug-99 Sorted by Check Number Totals No Page Breaks irtifnifcTi iiirtMatai I k r 11 Aug 1999 Med 10:32 AM Check Register City of Orono Check Number Employee Name Check Number 046366 046366 JOHNSON, MARY ANN Totals Check Number 046366 Check Number 046367 046367 BERRY, HEIDI N. Totals Check Number 046367 Check Number 04636B 04636S HASEMAN, CAROLE A. Totals Check Number 046368 Check Number 046369 046369 MOORSE, RONALD J. Totals Check Number 046369 Check Number 046370 046370 VEB, LINDA S. Totals Check Number 046370 Check Number 046371 046371 KUEHN, THOMAS M. Totals Check Number 046371 Check Number 046372 046372 OLSON, RONALD J. Totals Check Number 046372 Check Number 046373 046373 PETTIT, SANDRA R. Totals Check Number 046373 Check Number 046374 Check Date ll-Aug-99 ll-Aug-99 ll-Aug-99 ll-Aug-99 ll-Aug-99 ll-Aug-99 ll-Aug-99 ll-Aug-99 Page 1 Check Amount 512.45 512.45 694.21 694.21 696.32 696.32 1,591.08 1,591.08 1,073.72 1,073.72 1,018.58 1,018.58 28.53 28.53 377.44 377.44 i •I 11 Aug 1999 Wed 10:32 AM Check Register City of Orono Check Number Employee Name Check Number 046374 046374 ANDERSON, BRUCE L. Totals Check Number 046374 Check Number 046375 046375 BOBZIEN, SUE A. Totals Check Number 046375 Check Number 046376 046376 BORIS, SCOTT W. Totals Check Number 046376 Check Number 046377 046377 CARLSON, MICHAEL B. Totals Check Number 046377 Check Number 046378 046378 CHESWICR, GARY B. Totals Check Number 046378 Check Number 046379 046379 CORNICK, JAMES L. Totals Check Number 046379 Check Number 046380 046380 DEMBOUSKI, JAY C. Totals Check Number 046380 Check Number 046381 046361 ERICKSON, KURT R Totals Check Number 046381 Check Number 046382 046382 FARNIOK, CORREY L Check Date ll-Aug-99 ll-Aug-99 ll-Aug-99 ll-Aug-99 ll-Aug-99 ll-Aug-99 ll-Aug-99 ll-Aug-99 ll-Aug-99 Page 2 Check Amount 576.76 576.76 714.28 714.28 1,217.48 1,217.48 261.12 261.12 1,519.16 1,519.16 1,635.06 1,635.06 1,433.13 1,433.13 1,275.96 1,275.96 1,411.06 r' 'i 11 Aug 1999 Wed 10:32 AH Check Regieter City of Orono Check Number Employee Name Check Number 046382 Totals Check Number 046382 Check Number 046333 046383 FISCHENICH, DAN T. Totals Check Number 046383 Check Number 046384 046384 FISCHER, CHRISTOPHER K Totals Check Number 046384 Check Number 046385 046385 JOmiSON, JEFFREY Totals Check Number 046385 Check Number 046386 046386 JOHNSON, BRADLEY P. Totals Check Number 046386 Check Number 046387 046387 KNOLLENBERG, KRISTIN L. Totals Check Number 046387 Check Number 046388 046388 MADSON, ADRIENNE M. Totals Check Number 046388 Check Number 046389 046389 MCNALLY, STEVEN A. Totals Check Number 046389 Check Number 046390 046390 MCNICHOLS, DAVID L. Check Date ll-Aug-99 ll-Aug-99 ll-Aug-99 ll-Aug-99 ll-Aug-99 ll-Aug-99 ll-Aug-99 ll-Aug-99 Page 3 Check Amount 1,411.06 1,151.21 1,151.21 1,144.23 1,144.23 418.97 418.97 1,406.71 1,406.71 249.34 249.34 380.86 380.86 1,058.50 1,058.50 967.07 r 5 • 11 Aug 1999 Wed 10:32 AM Check Register City of Orono Check Number Employee Name Check Number 046390 Totals Check Number 046390 Check Number 046391 046391 MOROWCZYNSKI, JAMES Totals Check Number 046391 Check Number 046392 046392 SCHOENHOFF, JOHN B. Totals Check Number 046392 Check Number 046393 046393 TOMCHECK« LAWRENCE P. Totals Check Number 046393 Check Number 046394 046394 TOHCZYK, MARK W. Totals Check Nun^er 046394 Check Number 046395 046395 WITTKE, ANTHONY A. Totals Check Number 046395 Check Number 046396 046396 HOECHST, ROBYN A. Totals Check Number 046396 Check Number 046397 046397 KOCZUR, JASON R. Totals Check Number 046397 Check Number 046390 046390 BOTTENBERG* WENDY C. Totals Check Number 046390 Check Date ll-Aug-99 ll-Aug-99 ll-Aug-99 ll-Aug-99 ll-Aug-99 ll-Aug-99 ll-Aug-99 ll-Aug-99 Page 4 Check Amount 967.07 1,530.09 1,530.09 1,499.32 1,499.32 635.01 635.01 1.284.62 1.204.62 447.84 447.84 308.06 308.06 486.06 486.06 744.07 744.07 1 11 Aug 1999 Wed 10:32 AM Check Register City of Orono Check Number Employee Name Check Number 046398 Check Number 046399 046399 DAVIS, MARK L. Totals Check Number 046399 Check Number 046400 046400 GAFFRON, MICHAEL P. Totals Check Number 046400 Check Number 046401 046401 GAPPA, GREGORY A. Totals Check Number 046401 Check Number 046402 046402 JENSON, KRISTINE K. Totals Check Nun^er 046402 Check Number 046403 046403 OMAN, LYLE E. Totals Check Number 046403 Check Number 046404 046404 PALMATEER, DONALD M. Totals Check Number 046404 Check Number 046405 04640S WECKMAN, STEPHEN J. Totals Check Number 046405 Check Number 046406 046406 WEINBERGER, PAUL E. Totals Check Number 046406 Check Date ll-Aug-99 ll-Aug-99 ll-Aug-99 ll-Aug-99 ll-Aug-99 ll-Aug-99 ll-Aug-99 ll-Aug-99 Page 5 Check Amount 558.59 558.59 1,170.62 1,170.62 1,575.69 1,575.69 938.46 938.46 376.07 376.87 944.26 944.26 94.01 94.01 1,065.26 1,065.26 f I i 11 Aug 1999 Wed 10:32 AM Check Register City of Orono Check Number Employee Name Check Number 046407 046407 BRINKHAUS« JOHN F. Totals Check Number 046407 Check Number 046400 046408 DEBAERE, DONALD L. Totals Check Number 046408 Check Number 046409 046409 GREGORY, JAMES D. Totals Check Number 046409 Check Number 046410 046410 HANSEN, STEVEN C. Totals Check Number 046410 Check Number 046411 046411 OBERAIGNER, SCOTT G. Totals Check Number 046411 Check Number 046412 046412 OBRIEN, RANDY L. Totals Check Number 046412 Check Number 046413 046413 PALMER, GREGORY A. Totals Check Number 046413 Check Number 046414 046414 RATKBUN, BARRY J. Totals Check Number 046414 Check Number 046415 046415 SKREEN, DALE S Check Date ll-Aug-99 ll-Aug-99 ll-Aug-99 ll-Aug-99 ll-Aug-99 ll-Aug-99 ll-Aug-99 ll-Aug-99 ll-Aug-99 Page 6 Check Amount 1,123.02 1,123.02 992.20 992.20 966.68 966.68 654.01 654.01 956.81 956.81 330.21 330.21 792.84 792.84 896.52 896.52 658.99 1(1 11 Aug 1999 Wed 10:32 AM Check Register City of Orono Check Number Employee Name Check Number 046415 Totals Check Number 046415 Check Number 046416 046416 ABRAHAMSON, FRED W. Totals Check Number 046416 Check Number 046417 046417 BLAIR, JANIS A. Totals Check Number 046417 Check Number 046418 046418 DOCKEN, THOMAS W. Totals Check Number 046418 Check Number 046419 046419 JOHNSON, JOSHUA E. Totals Check Number 046419 Check Number 046420 046420 MCINTYRE, WILLIAM E. Totals Check Number 046420 Check Number 046421 046421 OAS, DANIEL 0. Totals Check Number 046421 Check Number 046422 046422 PETERSON, JACK W. Totals Check Number 046422 Check Number 046423 046423 RAICHE, VICTORIA H. Check Date ll-Aug-5? ll-Aug-?5 ll-Aug-r3 ll-Aug-55 ll-Aug-53 ll-Aug-39 ll-Aug-33 ll-Aug-33 Page 7 Check Amount 658.99 161.66 161.66 138.62 138.62 489.28 489.28 92.19 92.19 211.24 211.24 120.54 120.54 320.99 320.99 192.16 >k A% 11 Aug 1999 Wed 10:32 AM Check Register City of Orono Page 8 Check Number Employee Name Check Date Check Amount Check Number 046423 Totals Check Number 046423 192.16 Check Number 046424 046424 R0SS« JOHN A.ll-Aug-99 Totals Check Number 046424 111.55 111.55 Check Number 046425 046425 STEFFBNHAGEN, RONALD E.ll-Aug-99 Totals Check Number 046425 1,097.20 1,097.20 Grand Total 46,787.57 I r infokmation ITEMS COUNCIL MEETING » * coi iwniL AUS 2 3 «W9 OF CniiMr^ii MPf-TING AUG 2 3 1999 CITY OF OMOt^o ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 19.1999 ROLL The Orono Planning Commission met on the above date with the foilowing members present: Chair Eiizabeth Hawn, Commissioners Wiiiiam Stoddard, Dale .indquist, Janice Berg, and Daniel Kli:th. Commission*' Ja'' Nygard arrived at 6:36 p.m. The foiiowing represented the City Staff: Senior Planning Cooidinator Michaei Gaffron, Zoning Administrator Paui Weinberger, Assistant Zoning Administrator Kris Jenson, Pubiic Works Director Greg Gappa, and Recorder Jackie Young. City Council Member Barbara Peterson was present. Mayor Gabriel Jabbour was present, and Parks Commission Representative Sherokee Use was present. Chair Hawn called the meeting to order at 6:32 p.m. OLD BUSINESS (#1) #2410 PETER BOYNTON. 1973 EAGERNESS POINT ROAD • VARIANCES AND CONDITIONAL USE PERMIT Peter Boynton, Applicant, was present along with Joe Dzurik, Contractor. Weinberger slated the Applicant has appeared before the Planning Commission previously with a proposal requesting variances to height, structural coverage, and a conditional use permit for land alteration to allow for a walkout. The Applicant is proposing to remove the existing structure and build a new residence. The Applicant has submitted a revised plan placing the residence 47.59 feet from the OHWL of Lake Minnetonka. The proposed plan requires multiple variances for lot area, hardcover in the 0-250' setbacks, lakeshore setback, rear yard setback, and a conditional use permit for land alteration in the lakeshore setback to allow for a walkout. The Applicant is proposing to excavate and remove approximately 124 cubic yards of soil. Weinberger stated this property is unique in that it Is located with lakeshore on both sides of the ^f‘<>perty. However, the lot contains only one 0-75* lakeshore setback. Variances are required for Ich area and lot width due to the lot not meeting the standard requirements for lot area or tot vridth. The proposed garage is located 21 feet from the right-of-way where 30 feet is required. The Applicant has redesigned the plan to a 30 foot structure, which brings the height of the structure into compliance. Weinberger stated that the Applicant is proposing to reduce the amount of hardcover in the 0-75* setback to 11 percent where 22 percent currently exists as weJI as in the 75-250* setback, reducing the hardcover in that area to 30 percent. City Staff recommends denial of the conditional use permit for land alteration within 75 feet of the lakeshore due to the significant amount of fill proposed to be removed. Staff is recommending approval of the variances to hardcover. Page 1 L ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 19.1999 (#2410 Peter Boynton. Continued) Boynton stated that he is attempting to comply with the Planning Commission's directions with this revised plan, noting that he has reduced the size of the house, lowered the height of the proposed residence, and relocated the structure in an attempt to bring it more into compliance. Boynton expressed frustration at the length of time that the application has taken, and inquired whether there were any additional steps thai needed to be taken in order for this application to be approved. Dzurik commented that to his understanding the conditional use permit for grading within 75 feet of the lakeshore appears to be a problem but that everything else appears to be in compliance. Dzurik stated if the conditional use permit is a problem, they would be willing to revise the plan to allow for a smaller walkout as currently exists in an effort to minimize the amount of excavation needed. Hawn stated in general she agrees with Dzurik's statement, but that normally the Planning Commission does not permit grading within 75 feet of the lakeshore. Smith noted that under City Staffs recommendations they do not find a hardship to allow for 30 percent hardcover in the 75*250' setback in addition to the hardcover being requested within 75 feet of the lake. Smith commented that she generally is m favor of the application. Lindquist stated that due to the lakeshore that exists on both sides, some variances are needed. Lindquist commented that overall structural coverage is within the required 15 percent, and that he is not aware of how the hardcover could be further reduced. Stoddard inquired whether the hardcover would fall under 25 percent if there was only one lakeshore setback. Weinberger stated that it would not be under 30 percent. Smith inquired what the 11 percent hardcover in the 0*75' setback consists of. Weinberger stated that was the portion of the house encroaching into the 75' setback. Boynton commented that he relocated the residence to keep it in line with the neighbors. Stoddard stated that it is unfortunate the Applicant had to appear before the Planning Commission so many times in order to get this application approved, but that certain conditions must be met before approval can be given. There were no public comments. Smith noted that the proposed hardcover is less than what Is currentl:' existing. Weinberger stated that typically with a rebuild, it is treated as new construction. Boynton asked for clarification of a rebuild. Weinberger stated when an old structure is removed, the lot is treated as new construUion and is generally held to City standards u 'ess some type of hardship is demonstrated. Boynton commented that he has attempted to comply with the Planning Commission's directions Page 2 !■: »; = ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 19,1999 (#2410 Peter Boynton, Continued) as best as possible, and in his opinion this plan is acceptable. Lindquist moved, Nygard seconded, to recommend approval of Application #2410, 1973 Eagerness Point Road, permitting a variance to hardcover in the 0-75* setback and in the 76-250* setback as proposed, a variance to the 30 foot setback from the street to allow the garage, variances to lot area and lot width, and denial of the conditional use permit for land alteration in the lakeshore setback, with the understanding that the grade will remain as presently exists. The Planning Commission finds that a hardship does exist for lot area, lot width and the 75 foot lakeshore setback due to the two lakeshore setbacks and the minimal amount of land available for a residence to be constructed on. VOTE: Ayes 7, Nays 0. (#2) #2501 CITY OF ORONO, 3601 BAYSIDE ROAD - VARIANCES AND CONDITIONAL USE PERMIT Weinberger stated that the City of Orono is requesting a conditional use permit and variance to relocate an existing dock at the north end of Stubbs Bay. Weinberger commented that this application was reviewed at the June Planning Commission meeting. The City of Orono has maintained a municipal dock and walking path for many years on the north end of Stubbs Bay. A recent survey by an adjacent property owner revealed that the dock and path were not located on City owned properly. The dock has since been ."elocated on City property. Relocating the dock and walking path within the undeveloped Oak Street will require filling a small amount of wetland for the path. A small amount of fill is necessary to provide better access and handicapped access to the dock, which has existed for a number of years. This area also exists as a snowmobile access to Lake Minnetonka. Smith commented that snowmobiles are not allowed east of Stubbs Bay. Weinberger stated the City is proposing to place 180 square feet of nil in the wetland to create a base to accommodate a walking path to access the dock. The Wetland Conservation Act allows filling of wetlands up to 400 cubic feet if certain measures of avoidance and minimization are demonstrated. A permit is required from the MCWD to fill. Weinberger noted that L ~ity has received a number of phone calls requesting that the dock remain as well as requetls that some additional improvements to this area be made. The Parks Commission has reviewed this application and has concluded that this area vdll not be developed as parkland. The small size of the property limits any recreational use or placement of picnic tables on the site. This dock is intended for pedestrian use only and not for boat storage, with no parking being allowed along Bayside Road. City Staff is recommending approval of this application. Gappa stated that the dock was relocated a few years ago. with direction being given by the City Council that this access be upgraded. Gappa commented that the Till is needed due to the uneven topography of the land. Gappa stated that this request is reasonable and necessary in order to improve the dock and walkway. Renae Mueller, 222 Bederwood Drive, stated she is in favor of the dock and that the existing dock Page 3 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 19,1999 (#2501 City of Orono, Continued) should be maintained and improved, noting that the present dock is not very stable. Mueller commented that she had questioned whether a bench could be located near the dock, and inquired whether that would be permitted. Mueller stated as far as drainage is concerned, there is a catch basin and culvert In the area, which should be able to handle the runoff from the street. Jeff Mueller, 222 Bederwood Drive, commented he would like to see the dock improved, noting that he is not in favor of wetlands being filled, but that this dock should be accessible. Sherokee Use, Parks Commission, stated this application has appeared before the Parks Commission twice, with the general consensus of the commission that the filling of the wetland should be avoided if at all possible. Use commented that the Parks Commission would like to see the dock extended. Use also inquired if the fill was to be located in the area where the cattails have been cut down. Gappa stated he was unfamiliar with what area had been cut down. Use stated that she personally is concerned that the City of Orono is setting a bad precedent by allowing the wetland to be filled, and urged the Planning Commission to consider other options. Use stated that the catch basin in this area appears to be clogged, and that in her opinion any fill placed In the wetland will wash away due to the runoff from the street. Use stressed the importance of the wetlands and how they should be preserved. Hawn Inquired whether extension of the dock has been considered by City Staff. Gappa stated that extension of the dock would be difficult due to the uneven topography In the area. Gappa stated it is the City's intention to direct the water runoff around the walkway and to have the area reseeded. Stoddard inquired whether filling of the wetlands would impact the number of snowmobilers who currently access the lake from this area. Stoddard noted that handicap accessibility is one reason for the fill. Gappa stated it is his understanding that snowmobiles are not allowed east of Stubbs Bay and that this is a connection to the Luce Line, which has existed for many years. Jeff Mueller commented that the Snowmobile Association paid a significant amount of money for that access and that this fill should not increase the number of snowmobilers who utilize this access. Gappa stated that the City will make this dock handicap accessible, noting that it is not the CHy's intention to allow boat launching in this area. Smith Inquired how the City's survey could be inaccurate. Gappa stated that there was a change in ownership of the adjoining property, with the previous owner never raising an issue with the location of the dock. Gappa noted that the City has verified the property lines. Kluth commented that the City may legally be entitled to keep the dock in its old location due to the fact that it existed in that location for a number of years. Page 4 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 19,1999 (#2501 City of Orono, Continued) Gappa stated that was considered and it was determined that it was easier to move the dock than to contest it legally. Hawn commented that in her view she does not see a compelling reason why the flll should be approved. Hawn noted that a letter from Madeline Pigeon was received indicating that she is not in support of this project, citing increased snowmobile traffic and runoff into the lake. Use remarked that she has not heard any negative comments regarding the snowmobilers, but suggested that a snow fence be erected in this area. Smith commented that the amount of fill being requested should not be minimized, and inquired how the amount of fill for this project compares with other applications requesting fill to be placed in wetlands. Gappa stated that the amount of fill proposed is approximately a truck and a half of dirt, noting that the Wetland Conservation Act allows filling of wetlands up to 400 cubic feet and the amount of fill being proposed is minimal. Smith questioned whether the Planning Commission would approve other applications where a request is being made to fill wetlands. Gappa stated that filling of wetlands is mitigated through the Watershed District. Stoddard moved, Lindquist seconded, to recommend approval of Application #2501, City of Orono, 3601 Bayside Road, to grant a conditional use permit permitting 21.11 cubic yards of fill, and to grant a variance to hardcover within the 75* setback to permit 180 square feet of hardcover, subject to the condition that the Public Works Director personally oversee all work on this project to insure that the cattails and slopes are reseeded and that proper drainage is achieved into the wetland from the road, and that the Parks Commission review this application prior to any work being commenced. VOTE: Ayes 6, Nays 1, Hawn Opposed. Hawn indicated she was opposed to this motion because in her view it sets a dangerous precedent. Hawn commented that she would like to see the Public Works Department pursue installation of a snow fence in this area. Nygard commented that he would like to see improvements to the dock pursued as well. SCHEDULED PUBLIC HEARING (#3) #2479 PETER ANDREA COMPANY, 555 STUBBS BAY ROAD NORTH • CLASS III SUBDIVISION, 7:15 p.m. • 8:05 p.m. The Certificate of Mailing and Affidavit of Pubiication were noted. Mark Gronberg, Surveyor, and Jim Deanovic, Peter Andrea Co., were present. Weinberger stated the Applicant is proposing a seven iot subdivision for property located at 555 Stubbs Bay Road North. The developer has addressed most of the issues previously discussed Page 5 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 19,1999 (#2479 Peter Andrea Company, Continued) by the Planning Commission. Preliminary septic reports have been reviewed and conditionally approved by Steve Weckman. The proposed subdivision creates a rural residential development with five plus acre lots served by private septic systems and individual wells. The proposed subdivision is in keeping with the general character of the neighborhood. Due to the topography of the site and wetlands, many of the lots are irregular in size and shape, but each lot appears to demonstrste a suitable building site within the required setbacks and allow for a primary and secondary septic site. Weinberger stated that Outlet A is intended to be a private road held by the Homeowners Association and will be responsible for the maintenance of the private road. The outlet is platted at 1,100 feet In length, with City Code allowing a maximum of 1,000 feet for cul-de-sacs. The road is being platted with the intent to extend the road when access is required to the west. Future extension of the cul-de-sac is shown as Outlot B. Weinberger stated that this development ties within two major drainage districts. The City Engineer is recommending that the final plans include water quality provisions for storm water leaving the northerly and southerly portions of the site, subject to the condition that the City Engineer reviews and approves the drainage plan and stormwater treatment pond within the development. Weinberger noted that the City of Orono has not adopted a stormwater management plan at this time, but at this time are requesting that money be escrowed in order to cover the expenses of future ponding. Weinberger commented that an adjacent property owner has expressed concerns about the impact of the private road in relation to her property to the east as it relates to traffic and headlights from vehicles entering Stubbs Bay Road. Weinberger stated that City Staff has looked at other possible locations for the driveway but feels that the proposed location of the road is the only suitable location due to the location of the stormwater management pond as well as the negative impact other road locations would have on the building sites for Lots 3 and 4. City Staff is recommending approval of this application subject to the conditions outlined In the Planner's Report. Gronberg stated that the proposed drainage plan will capture approximately 85 percent of the runoff from the road and divert it into the pond. Gronberg commented that buffer strips have been discussed as an alternative to ponding. Deanovic stated that this is the first time that he has been informed about an escrow for future ponding, noting that this application was Tiled approximately six months ago. Hawn remarked that the Planning Commission usually defers to the City Engineer on any issues relating to drainage and grading. Gronberg commented in his view this Issue could be worked out. Weinberger stated that it is possible that some buffering could be done in this development. Hawn inquired whether there were any public comments regarding this application. Donna Cause, 480 Stubbs Bay Road North, inquired whether the road could be located in another location. Page 6 L ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 19,1999 (#2479 Peter Andrea Company, Continued) Weinberger stated that they have considered other locations but the proposed location works best for the entire development. Gause expressed concerns regarding water runoff, noting that a large amount of wetland exists in this area. Don Gause expressed a concern that the water runoff from the road will go directly into his driveway, noting that he currently is experiencing water runoff from Stubbs Bay Road, and that this issue needs to be addressed further. Gronberg stated that they are proposing to install a culveit and construct ditches in order to capture the water runoff and divert it into the holding pond. Hawn stated that the City Engineer will need to review and approve all drainage and grading plans for this subdivision and that the City will need to take appropriate steps to insure that proper drainage is achieved. Hawn Inquired what, if anything, could be done to prevent headlights from shining into the Cause's residence. Hawn commented that the trees presently located in that area will help shield it somewhat. Hawn encouraged the developer to discuss this matter with the affected property owner. Gronberg stated they are willing to discuss this issue with the Cause's. Steve Harris, 385 Turham Road, inquired about the road easement in the southwest comer of this development. Weinberger stated that easement was actually a platted road at one time, but the City has never developed it. Weinberger stated that the City requires roads to be platted through if access is needed for future lots and that future access to the west could be created if necessary. Lindquist moved, Berg seconded, to recommend approval of Application #2479, Peter Andrea Company, 555 Stubbs Bay Road North, subject to the conditions outlined in the July 19,1999 Planner's Report, with consideration being given to turning the road slightly to the south to alleviate the headlight concern. VOTE: Ayes 7, Nays 0. NEW BUSINESS: PUBLIC HEARINGS (#4) #2502 ORONO SELF SERVE - 2160 WAYZATA BOULEVARD - VARIANCES AND CONDITIONAL USE PERMIT, 8:06 p.m. - 8:10 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Bill Wear. Applicant, was present. Jenson stated that the Applicant is requesting an arrsndment to his conditional use permit to add a canopy and a variance to allow the canopy to be located six feet from the property line. The Applicant had previously submitted an application two years ago on the same request. The Planning Commission at that time recommended approval of the application. This item, however, did not proceed to the City Council as City Staff did not receive the required information from the Applicant. Page 7 ^ 1 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 19.1999 (#2502 Orono Self Serve, Continued) City Staff is recommending approval of this application. Smith inquired whether this was the same basic application that was submitted two years ago. Jenson stated that it was. Wear had no comment. There were no public comments. Smith moved, Stoddard seconded, to recommend approval of Application #2502, Orono Self Serve, 2160 Wayzata Boulevard, granting an amendment to his conditional use permit to add a canopy, and a variance to allow the canopy to be! jcated six feet from the property line. VOTE: Ayes 7, Nays 0. (#5) #2503 CITY OF ORONO, VACATION OF ALLEY ON PLAT OF BERGQUIST & WICKLUND'S ADDITION, ADJACENT TO SAGA HILL PRESERVE. 8:11 p.m. • 8:15 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Jenson stated that the City of Orono is requesting vacation of a dedicated alley in the Bergquist and Wickland's Addition to Bergquist & Wickland's Park in order to provide better public access to the Saga Hill Preserve and to replace it with a shorter, more direct access. This public hearing is required for the vacation of the current alley and not the dedication of the new alley. Hawn inquired whether there were any public comments regarding this application. Wally Holzer, 1130 North Shore Drive West, inquired whether the easement was being eliminated. Hawn stated that it is. Hawn commented that this application relates to a larger agreement. Weinberger stated that the vacation of the alley will return the land back to the individual property owners and a new access to the park will be proposed. Lindquist inquired whether Holzer had seen the new proposed access. Holzer stated he has and is not opposed to it. Lindquist noted that the Planning Commission is just voting on the vacation. Berg moved. Smith seconded, to recommend approval of Application #2503, City of Orono, granting of the vacation of the alley in Bergquist and Wickland's Addition to Bergquist and Wickland's Park. VOTE: Ayes 7, Nays 0. (#6) #2504 WARREN AND TANA GARRETT. 650 BROWN ROAD NORTH - VARIANCES, 8:16 p.m. to 8:29 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Pages ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 19,1999 (#2504 Warren and Tana Garrett, Continued) Warren Garrett. Applicant, was present. Jenson stated the Applicant is proposing to add an addition to the northeast corner of the home, a deck addition, which will be located on the southeast comer of the existing deck, and an inground swimming pool. The existing hardcover, including the total surface area of the additions, will not exceed 30 percent. A variance is needed to the average lakeshore setback. Staff feels that the proposed location is the most logical and will not block or interfere with the view of either neighbor towards the lake, with heavy vegetation between the residences. Jenson stated the Applicant is also requesting to install a three rail, split-rail fence, 5 feet in height, along the south property line to the lakeshore. The president of the West Shore Townhome Association has written a letter to the City protesting any fence being erected on the Applicant's property. The Applicants are proposing the fence due to the fact that the neighboring lakeshore owner to the south is a Long Lake City Park, and the Applicants have had people trespass on their property and dock. The Applicants feel that the proposed fence will be high enough to deter trespassers, but will not block the view of the adjoining homes. Garrett commented that the letter was written before his application was written, but that he is willing at this time to not construct the proposed fence. Garrett stated he was considering the fence to help deter people from using his dock. Hawn suggested that perhaps he consider installing a sign indicating that it is private property. Garrett inquired whether a fence located on the dock would be a problem, noting that he has some concerns regarding liability. Garrett indicated that the neighbor who has expressed disapproval of the fence was here at tonight's meeting but has left. Weinberger stated a fence located on the dock would be outside the jurisdiction of the City, and the impact that the fence located along the property line would need to be taken into consideration. Garrett stated he could install a fence on the dock with a gate which would require any trespassers to enter the water in order to obtain access to the dock. Lindquist indicated he does have a problem with a fence in the 0-75' setback. Gaffron stated the City of Orono has no adopted any codes relating to docks, but that he personally does not have any objection to a fence surrounding the dock to deter trespassers. Garrett indicated that he is willing to drop the fence portion of his application tonight. There were no public comments. Lindquist moved, Smith seconded, to recommend approval of Application #2504,650 Brown Road North, granting of a variance to the average lakeshore setback to allow for a deck additition, addition to the house, and an inground swimming pool, with denial of the variance for any fence. VOTE: Ayes 7, Nays 0. (#7) #2474 C. STEVEN AND SUSAN WILSON, 325 BROWN ROAD SOUTH/2150 ABINGDON WAY - VACATION, 8:28 p.m. • 8:34 p.m. Paged ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 19,1999 (#2474 Steven and Susan Wilson, Continued) The Certificate of Mailing and Affidavit of Publication were noted. Steven Wilson, Applicant, was present. Weinberger stated that the Planning Commission and City Council has recently approved a subdivision of a lot line rearamgement for properties located at 325 South Brown Road and 2150 Abingdon Way. City Code requires that the Applicants dedicate drainage and utility easements along all newly created property lines, which have been granted along the new property line. However, the previous underlying drainage and utility easement along the old property line was not vacated at the time the subdivision was approved, which should be vacated. Staff is recommending approval of this application. Wilson had no comment. Hawn inquired whether the Applicant would be agreeable to affirming the agreement vi/ith Abingdon Way. Wilson stated it would not be an affirmation, but merely notifying the owners of each lot in this division that they are liable for each easement. Wilson stated he would approach the homeowners association requesting that the 60 foot pathway be eliminated from their agreement, which requires City agreement. Hawn inquired whether that portion was before the Planning Commission as part of this application and v/hether any legal notice must be given to the adjoining property owners. Gaffron stated that it was, noting that technically action by the Planning Commission may not be required. Gaffron stated that in his opinion no notice is required. There were no public comments. Smith moved, Berg seconded, to recommend approval of Application #2474, 325 Brown Road South/2150 Abingdon Way, vacating the 10 foot wide drainage and utility easement along the previously existing property line between 325 South Brown Road and 2150 Abingdon Way based, and as a result of the lot line rearrangement, the obligation to maintain Abingdon Way will be maintained solely by Lot 5, west of the east 60 foot line, and not Lot 6. VOTE: Ayes 7, Nays 0. SKETCH PLAN REVIEW (#8) #2505 THE BANCOR GROUP, INC., WILLOW DRIVE/6TH AVENUE NORTH • SKETCH PLAN David Newman, Bancor Group, was present, along with Marty Camp’on, P.E., of Otto & Associates. Weinberger stated the Applicant is proposing to develop a 58 acre parcel located at the southwest comer of County Road 6 and Willow Drive North. The Applicants have proposed a concept plan to subdivide the property into 52 lots, with an average density of less than one acre per lot. The property is zoned RR-1B, which requires two acres per unit. The Applicants are requesting that the property be rezoned to R-1 A, allowing one acre per unit density, and to develop the Page 10 i ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 19.1999 (02505 The Bancor Group, Inc., Continued) property as a Planned Residential Development. The purpose of a PRD is to enhance the appeal ance of neighborhoods through preservation of natural open spaces and to counteract the effects or urban congestion. A PRD would allow the property to be developed at one unit per acre, with City sewer and water being available to these proposed units. This property could not sustain a rural style development with individual septic systems due to the high water table and soil types present. Weinberger stated that the property to the south may be developed at a slightly higher density, with a two acre density development east of Willow Drive, a low density residential neighborhood north of County Road 6, and the Orono School Campus to the west. This development would serve as a buffer between the lower density residential development to the north and east versus the other land uses to the south and west. The Applicants are proposing a plan that would result in the nearest home being located approximately 225 feet from County Road 6. Several berms are being proposed throughout the development, and each lot will be regraded to aeate walkout style homes. Access to this development would be off of Willow Drive, with no access off of County Road 6. City Staff recommends that the proposed intersection between the development and Shadowood Drive be aligned, whether it’s through the extension of the northerly road or the other curb cut being relocated further north, to eliminate traffic turning left. The access points are proposed to be aooroximately 200 feet apart. Weinberger stated that standard drainage and utility easements would be required, as well as parkland dedication. Weinberger stated the Applicants could have the option of donating 8 percent of the land value or designating a portion of the development for trails. Weinberger stated that the hookup costs for City sewer and water will need to be discussed further. Weinberger noted that the City Council has established less restrictive zoning standards for other PRDS, including French Creek and Sugarwoods. Lindquist commented that he is hesitant to approve rezoning of this area due to the high density housing that is being proposed. Newman stated that the high density is necessary due to the connection costs for City sewer and water, noting that they have reviewed the costs involved in this project and that in order to offset their expenses, upper market housing will need to be constructed in this area. Lindquist inquired whether they have calculated the average lot size for this development. Newman replied they have not yet made that calculation. Campion stated that they are contemplating lots that average around a half-acre, with the smallest being one-third acre. Stoddard commented that he would like to see a residential development in this area, but that in his view the City Council may wish to retain the two acre zoning. Stoddard stated he is unaware of the economics involved fer this development, but that he personally would like to see larger lots. Newman stated that this is an expensive parcel of property to develop, and that not all the residences will be constructed with walkouts. Page 11 •1 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 19,1999 (#2505 The Bancor Group, Inc., Continued) Campion stated that the walkouts are necessary due to the high water table and soil conditions in the area. Newman stated that they have obtained two sets of soil borings because of the high water fable and soils in the area. Hawn commented that the City is Interested in providing more affordable housing and that the proposed high density will present drainage problems. Hawn inquired whether a landscaping plan has been developed in more depth. Newman stated they have not designed anything specifically for this development at this time. Newman stated in his opinion this site will never be developed for first time home buyers due to the high costs associated with developing this piece of property and that they are contemplating houses in the $350,000 range. Berg questioned whether the location of the access is an issue. Berg commented that she would also like to see lower density in this area, noting that in her view some of the proposed lots will be unbuildable due to the small lot size and large pond located in the area. Weinberger stated that the final location of the road will need to be reviewed once the layout of the units is determined. Newman stated they have not reviewed whether the lots contain suitable building pads at this time, which wiii need to be addressed. Lindquist remarked that the developer will also need to submit a drainage and grading plan, noting that some wetlands do exist in the area. Stoddard stated in his opinion it is doubtful that any zoning under two acres will be approved. Smith commented that the residents are starting to take the view that the holding ponds are a natural feature to the area and should be turned into private beaches, which should not be encouraged. Smith stated that residents are also hesitant to have trails located dose to their homes. Smith stated in her opinion the two acre zoning should be adhered to. Newman stated that he is committed to this project. PLANNING COMMISSION COMMENTS (#9) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS ON JUNE 28,1999 AND JULY 12,1999 This item was not discussed. (#10) OTHER ISSUES FOR DISCUSSION None Page 12 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 19.1999 (#11) PLANNING COMMISSION APPROVAL OF MINUTES FOR JUNE 21,1999 Smith moved, Lindquist approved, to approve the minutes of the Regular Planning Commission meeting of June 21,1999, as submitted. VOTE: Ayes 6, Nays 0, Kluth Abstained. (#12) SELECTION OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS ON JULY 26,1999 AND AUGUST 9,1999 July 26 • Hawn August 9 • Smith ADJOURNMENT Berg moved, Hawn seconded, to adjourn the meeting at 9:22 p.m. Elizabeth Hawn, Chair t i ■ k Lake Minnetonka Area Chamber of Commerce 3600 Shoreline Drive • P.O. Box 115 • Nmnrre, Minnesota 55392 • Telephone: 612*471*0768 • Facsimile: 612471*0577 August 4, 1999 MPirriNO RSCSIVSD AUG 2 3 W99 AUG 1 2 1999 CITY OP OnUNO Cl I. Or Onc; ;o Dear Business Member: 4 : i ■ You are invited to a Welcome Back Luncheon for the staff of our Westonka area schools. The luncheon is sponsored by the Lake Minnetonka Area Business and Education Partnership Committee of the Lake Minnetonka Area Chamber of Commerce, and our local Chamber Businesses. It is a great opportunity for businesses and educators to network and support our community. We would appreciate your participation as a sign of support for our growing partnership. Enclosed is a more detailed brochure describing the event, and how you can participate. • i t • I Vv Please join us for a few hours of fiin and fellowship at the Presbyterian on . Lake Mumetonka Park. • f ^ «• ‘ •A committee member may be calling you in the next two weeks to provide you with any additional information you may n^. Thank you in advance for f*;> your support.. t Sincerely,■ »♦ <. > \ • / s »■ •j Linda Kohl, Director Lake Minnetonka Area Chamber of Commerce y • Branka B. Bul^ic, Presbyterian Homes on Lake Minentonka Bu^ess and Eduerdor Partnership Committee Chair Working Together" Serving Minnetonka Beach. Minnetrista, Mound, Navarre/Orono, St Bonifacious, Spring Park - V % • • • • i • Vr . . • * ’ ... . •. mm w»mm . -r» fc • . .m-' T^^r-: ^ * % • ••• # • • • *.t \y .•K «( *- . • Nr;'’ •» * ^ A,* WEIXOM'E mCK 2^eston^ Slrea ScfiooCs *WeCcome 'Bad^Luncfievn - iKcntc in tfU (BarfC Slugust 27,1999 11:30 am -1:30 p.m. L iHbstecC at iPresByterian Ihmes on LaJ^ f^Gnnetonl^ (Parl^ • ‘ 'Spoored By dfuLal^ 9dinneion(^ ^ea CdamBer (Businejs and •*- - XducatumTartnersfUp, andCocid “ • CfiamBer Businesses. (PCease Join us for an Bour of food andfoni 1 I I xtfidplan to attend tfU (unditon. \ . ^ ■ □ I wd( contriBute iumsfor tde staff gift Bags (need300). (TCease deUver your gift Bag items £rut(y to tde CBamBer Offices) By 9donday, Siugust 23,1999. 9{pTE: 7i*E •WILL •f^B'B ^CEBH9{§ QIIFTS 09illIiE DAf 0(F*J9iE X1^E9CT. ,;Q ' / loid contriBute an item for tBe door prize (BCease deLoer direct^ to tBe OiamBer), ByiBiondty, August23,1399. Business: (Persons Attendng: 1. 2. Contact person:____ Tdone 9(janBer:____ • u —^ • -■ ■ • It -nrs.W' w‘*rr . *• ' tm, t -V- rSu-. •<v •Ifie Business and ^Education Bartnersdip Committu vHd contact you forfoSdto-up. •m . . • *Ormptete and return to: • ‘ i. LiruCa7(j(diC(Dirutor LalifidCnhetonliiiS^reaCBamBerefCommerce 3600 SdoreGne •Drive, BO Bok.US 9(^varre,!\GnnesotaSS392 4710768 7asi4710S77 • .1 • • * *• t- - V *>r • •• i‘.T • • '■ 'C* ^0 >. .1 . . . «v* •_ % •-. - v-v- ■ _ -: V . «•% . .•'vJV.'.• V. *1 Y. iV s > •• -4. .V- ^ ••• ' JT k . SENIOR COMMUNITY SERVICES iiff 10709 WayzataBlvd.. Suite 111, Minnetonka, MN 55305 Phone 541-1019 Fax 541-0841 BOARD or DIRECTORS D'Might Johnson Pfosident Laurie Lafontalne 1st Vice President Or. C. (Ike) NJaka 2nd Vlc» Pmsidtnt Francle Hagen Treesurer Mary Henning Stemmy Kevin Krueger PMst PtttldmU Peter Coyle Alko HIguchi MBmbm-Mt-LMrgt Bob Bean Tim Bergatedt John Boeder Marty Gurltz Gloria Johnaon Peggy Kelly Kathleen Miller Senator Gen Olaon Curtia Pearson Nall Peterson Mary Tembornino Leonard J. Thiel TomTIoen Benjamin F. WIthhart EjwcuoV* Oroctor AC£.0. PROGRAMS Community Senior Groups & MulU-purpoeo Senior Cmlero • KOJi.E. • Senior Outreeoh m August 9,1999 Mayor Gabriel Jabbour and Council City of Orono 1335 South Brown Road Orono, MN 55356 -Jl-; 1 i 1999 CiTy OF OnOiVo Dear Mayor Jabbour and Council Members: Senior Community Services is requesting $14,590 from the City of Orono to continue supporting the operation of programs serving the local frail and elderly population for the 2000 calendar year. This amount will allow us to maitain the current levei of services for the year. The request is divided among three seperate services/programs as follows: 1. Senior Outreach Program 2. Tamarak (Long Lake) Senior Center 3. Westonka Senior Center $6,390 2,600 5,600 We look forward to continuing the relationship of cooperation including local church congregations (St. George's, Calvin Presbyterian and Trinity Lutheran), Westonka Transportation and Dial-a-Ride, Westonka Seniors Inc., Westonka Community Services , local businesses, individuals and cities in order to provide the best senrices possible to area seniors. As in the past we will continue to raise matching funds from the United Way, dvic organizations, businesses and private individuals to support the local programs. --------------- Ron Bloch Program Administrator cc: Ronald Moorse, City Administrator 4