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Home My WebLink About05-27-1997 Council PacketAGENDA FOR COUNCIL MEETING SET FOR TUESDAY, MAY 27,1997, 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. i£> COUNCILMEEnNQ ROLL CALL * 1. CONSENT AGENDA MAY 2 7 1997 CITYOFORONO APPROVAL OF MINUTES * 2. Assessment Hearing of May 6, 1997 - North Long Lake/Long Lake Country Club Addition Sewer Project * 3. Regular Meeting of May 12, 1997 * 4. Reconvened 1997 Board of Review May 12, 1997 PARK COMMISSION COMMENTS PLANNING COMMISSION COMMENTS - Dale Lindquist Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 5. Ordinance Amendment - Telecommunications Towers ^md Antennas 6. #2209 Spring Hill Golf Club - 700 Spring Hill Road - CUP/Variance - Resolution 7. #2221 Sven A. Wasberg & Arlene De Candia, 3115 North Shore Drive - Variances/Conditional Use Permit - Resolution cf 8. #2230 Georgina Hackney, 2184 Shadywood Road - Variance - Resolution 9. #2231 Evan Anderson, 1260 Spruce Place - Variances - Resolution .^10. #2232 Woodsmith, Ltd., 1520 Fox Street - Variances - Resolution 11. #2234 Douglas E. Waldoch, 4215 North Shore Drive - Variance - Resolution 12. #2235 Martin B. Schneider, 2180 North Shore Drive - Conditional Use Permit Amendment - Resolution 13. #2236 William H. Bockmann, 1090 Loma Linda Avenue - Variance - Resolution 14. #2237 Jim and Roxanne Stasik, 1270 Wildhurst Trial - Variance - Resolution MAYOR/COUNCIL REPORT ENGINEER REPORT d^5. Pay Request #5 and Final - Lift S‘.ation #28 Renovation »I'16. Approve Offerman Easement - Long Lake Sewer Project Award Bid for North Long Lake/Long Lake Country Club Addition Sewer Project CITY ADMINISTRATOR'S REPORT 18. County Road 19/Tonkaview Drainage Situation - Resolution ^19. Scheduling the Sale of General Obligation Water & Sewer Irr>f*rovement Bonds - Resolution AGENDA FOR COUNCIL MEETING SET FOR TUESDAY, MAY 27, 1997, 7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ADMINISTRATOR'S REPORT Continued ^ 20. Monitoring Well Sealing at Old City Hall Property 21. Planning Intern ^ 22. Advextisement for Bids - Golf Course Irrigation System CITY ATTORNEY'S REPORT ♦23. LICENSES ♦ 24. BILLS UPCOMING ISSUES AND EVENTS 05/21 - Special Council meeting 6:00 p.m. Spring Hill Golf Club & 7:30 p.m. Huntington Farm Homeowners 05/22 - Hennepin County Library Public Information meeting 7:00 p.m. 05/26 - HOLIDAY Memorial Day observed 05/27 - Public Information meeting 6:30 p.m. - Residents west of Willow Drive in Highway 12 corridor 05/27 - TUESDAY - Council meeting 7:00 p.m. 06 /02 - Council work session StOOp-.m/TlF (will be rescheduled) 06/02 - Park Commission Park Tour 6:00 p.m. 06/02 - Park Commission meeting 7:15 p.m. 06/04 - Planning Commission Work Session 7:45 a.m. 06/04 - Highway 12 Design Review Committee meeting 7:00 p.m. 06/06 - Mn/DOT Stormwater meeting 8:30-10:30 a.m. 06/09 - Public Information meeting 6:30 p.m. - Residents east of Willow Drive in Highway 12 corridor 06/09 - Council meeting 7:(X) p.m. 06/16 - Plaiming Commission 7:00 p.m. 06/23 - Council meeting 7:00 p.m. Public A ttendance Meeting Date ^ t •'7- V ^7 C ouncil Planning C ommission Park C ommission Other Please fill out the information REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print) c ________ ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER 1.n n g h /,/4- iT'0^0 C^vs^A^A _________2. ^ iVi3/^/4-___________________________________________ ' s 3. \oLcr]/t IcKv r>v . (/g kc 4. U^>., .-1^^ r^l (k/7 tc ''J to !P^ lO.Oid r—^ 1 /l(y ^ ( ii .1 C~ro Oljcl Lin^ Lclik^ Vi '1 y yUL^-(\ 1 ,/ ■h (C''-> ^ • r / I ■' '^LdJ 1^}^^'^2 ZC^J n.'u .UL^h '?<- /v7>wc.t IC^C ^CfiA LlUaA fim U' 12. ^ ^ Q(.(.>vlx-uj ft-U 0:1 • ^yciic ^A!. 14.A> 15./t> . w /?/. U. ,y- 09U95.4 ASSESSMENT HEARING /) NORTH LONG LAKE/LONG LAKE COUNTRY CLU%oUNCLMEETiNOI SEWER PROJECT MINUTES FOR MAY 6,1997 MAY 2 7 1997 ROLL CITYOFORONO The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members J. Diann Goetten, Charles Kelley, Barbara Peterson, and Richard Flint. Representing Staff were City Administrator Ron Moorse, Assistant Planning and Zoning Administrator Michael Gaflron, City Engineers Glenn Cook and Tom Kellogg, and Recorder Sherry Frost. Mayor Jabbour called the meeting to order at 7:02 p.m. (#1) MAYOR OPENS THE HEARING Mayor Jabbour reviewed the history of the sewer project. He reported that the cost is based on the benefit to property owners. Jabbour said the City previously lost during litigation involving assessments of the 1985 Crystal Bay sewer project requiring reimbursement of legal costs and reduction in the cost of assessments to the property owners. The Council at that time decided to take a position whereby the assessment would be based on a formula which was logical and legal. The formula is based on the property location and size of lot and benefit received from having or not having sewer. Noting there are differing benefits received, the Council averages out that benefit in determining the cost. Jabbour said the cost is a good faith assessment that can be justified. Jabbour reported that this project is the second project with City participation. The ten hot spots identified include properties with septic systems failing and no alternate sites suggesting an urgency in providing a solution. Jabbour said the Council must consider the health and welfare of its residents. The Met Council approved expanding the MUSA line to enable sewer to be provided to the area. Using the list of priorities, there will be several projects considered at the same time. Jabbour noted that other neighborhoods have requested sewer outside of the priority hot spots and will be paying 100% of the cost. He reported the Bracketts Point neighborhood have a projected cost of $28,319 per unit. The Bay Ridge neigliborhood cost is projected at $20,351 /unit. The cost of the No»th Long Lake/Long Lake Country Club area is projected at $19,083 with $13,950 of tliis amount to be assessed. Jabbour said he believes the area is in need of sewer. He noted other residents whose property is outside the designated sewer project area have asked to be included in the project and must meet certain criteria for inclusion. MINUTES OF THE ASSESSMENT HEARING NORTH LONG LAKE/LONG LAKE COUNTRY CLUB SEWER PROJECT MEETING HELD ON MAY 6,1997 (#2) SUMMARY OF PROJECT NEED Gafiron reported that a septic system ordinance was adopted in 1978 requiring new septic systems to have a 3’ separation from the water table. The State extended this requirement to aU existing systems in 1989. The DNR has included this requirement in Shoreland Regulations. In response to these new regulations, the City decided to review areas for sewer consideration. Ten hot spots were identified based on small lots, non-confonrang septic systems, and proximity to the lake. Septic systems were analyzed and determinations were made whether there were available alternate septic sites. The North Long Lake/Long Lake Country' Club area became the top priority based on these criteria. The City concluded that there were no alternatives that would provide for sewage treatment as well as sewering. Staff and many neighbors concluded that sewer was the best solution. A handout available at the meeting reviewed this information. (#3) SUMMARY OF PROJECT DESIGN City En^eer Cook reviewed the sewer project plan for the North Long Lake and Country Club areas. The areas will be tied together by a trunk line. A lift station will pump the sewage along County Road 6 to another lift station, which will continue to carry the sewage to the system on Highway 12. The remainder is a lateral system with sewer lines ninning in front of residences. (#4) SUMMARY OF PROJECT BENEFIT Moorse indicated Mayor Jabbour had explained the benefit of the sewer project in his opening statement. He noted the cost of replacing a septic system and providing alternate septic systems will be eliminated by this project. The sewer project will provide a permanent solution to septic systems. The roadways will also be reconstructed. (#5) SUMMARY OF ASSESSMENT FINANCING The funding of the sewer project will be mainly through special assessments paid by the benefiting property owners with City participation through the general property tax. The project will be financed through the issuance of bonds with a 15 year term. Property owners may repay the assessment over that time period. Due to favorable interest rates, the indicated rate of 8% may actually be lower. MINUTES OF THE ASSESSMENT HEARING NORTH LONG LAKE/LONG LAKE COUNTRY CLUB SEWER PROJECT MEETING HELD ON MAY 6,1997 (#6) PUBLIC COMMENTS Charles Truman, 1570 Long Lake Blvd., asked if there is a cost difference whether the sewer line extends into the basement of the home or to the ground level. Jabbour explained that the cost as described brings the sewer line to the property line. The resident is then responsible for the cost of hooking up to that sewer line. The cost will vary depending on location. Jabbour clarified that the assessment amount is based on the amount the City can justify as benefiting the property. Any change in costs, more or less, would change the resident's cost and not change the contribution made by the City. Lech Gawron, 920 Dakota Avenue, asked if the resident may specify where the sewer line comes into their property. Cook indicated the resident will make that decision. Tom Kellogg will visit the property owners to find out the residents' preference for sewer location. Gawron reported that some of the culverts are in poor condition. He asked if they would be replaced as part of the road reconstruction. Kellogg said this would occur for the culverts requ'. ng replacement. The road will have a bituminous berm curb; and the road will be slightly lower than it currently stands, which may eliminate some of the ditches and culverts. The cost reflects these road improvements. Gawron asked if Orono wiU be paving Dakota Avenue. Moorse said Dakota Avenue will be paved, but no decision has been made as to who will maintain the road. Mr. Swaden, 1525 Bay Ridge Road, asked if the Bay Ridge project was included in this discussion. He was informed that it was not. Mr. K. R. Vanden Branden, 1480 Long Lake Blvd., assisted with a question for his neighbor, Donald Lund, 1465 Long La!;e Blvd. He voiced concern for 100 year old oak trees located on the west side of Lund's property that possibly could be lost due to the construction Cook indicated it was not expected that the trees would be lost. Kellogg reviewed the area in question. He said the sewer line would run between two fringes of treed areas 13-14' deep. Vanden Branden noted a contractor felt trees would be lost and asked if the trees could be maintained. Cook said he will work with the property owners regarding maintaining trees. Jabbour informed Vanden Branden and Lund that this could be reviewed during the easement acquisition process. Vanden Branden asked if the City expected payment of the septic system inspection fee. Jabbour asked that the fee be submitted. ....i.__ MINUTES OF THE ASSESSMENT HEARING NORTH LONG LAKE/LONG LAKE COUNTRY CLUB SEWER PROJECT MEETING HELD ON MAY 6,1997 (#6 Public Comments - Continued) Ray Johnson, 1520 Long Lake Blvd., asked about the assessment being based on the si2e of the property. Jabbour said the cost is based on the average property at large. Gaffron indicated all 53 property owners would be charged the same amount of $13,950. Johnson voiced concern over the amount he must pay versus more expensive homes. He said he would be forced to sell his property and become a renter. Jabbour sjmipathized but noted that the assessment is not based on the ability to pay but on the bCTefit received by the property owner. Jabbour informed Johnson of the grant program available to assist with pa)mient of the sewer hook-up charge for low income residents. He suggested Johnson contact the City Administrator. Johnson questioned whether there were other alternatives regarding payment of the assessment cost. Moorse said there were no other reasonable alternatives. Moorse noted that the amount of the City's contribution comes from the general taxes paid by all property owners in the City. Jim Bigham, 1545 Long Lake Blvd., asked for clarification for the record on whether the revised engineering plan is correct. He wanted to substantiate that his property is considered type 1. Cook reported that the problem of a grinder pump has been revisited for Bigham's property. The additional charge of $1,000 for a gravity system instead of a grinder pump has been added in the cost of the project and will be honored. Bigham noted that he has requested this to occur in the past to no avail. Kellogg reported that the neighboring property to the east of Bigham's is 2.7' lower in grade and is still of a type 1. Jabbour noted that the City will be in a better position to answer all questions as the plan goes from conceptual to detailed planning. Bigham asked that the record show that his property will not have a grinder pump. He indicated his satisfaction with that decision. Tom Odean, 930 Dakota Avenue, asked if a decision has been made whether Dakota Avenue will be paved. Cook reported that it will be paved. Odean asked where the trunk line would be located in the road noting its narrow width. Cook said the line would be within 1-2' of the center. Odean asked if the residents would be able to drive trucks in and out during construction. Cook said it would not be possible during the work day, but noted that vehicles may enter at the end of the work day providing it has not rained. Cook informed Odean that the cost of the road construction is included in the costs noted. Odean asked about whether he should proceed with landscaping plans. He was informed that such plans should wait until after the construction. It was reported that the road would be 20' wide, contain berm curbing, and have five ton capacity. Odean asked about Ihe existing septic tanks. Gaffron said the tanks will be required to be pumped, then collapsed and filled with dirt or sand. The cost involved will depend on the particular tank, its location and depth. MINUTES OF THE ASSESSMENT HEARING NORTH LONG LAKE/LONG LAKE COUNTRY CLUB SEWER PROJECT MEETING HELD ON M.\Y 6,1997 (#6 Public Comments - Continued) Troy Anderson, 140] Long Lake Blvd., asked when the Long Lake area was identified as an emergency (hot spot) area for sewering. Jabbour indicated that this occurred 4-5 years ago. Gaffron said discussions have taken place regarding sewering of tliis area for at least three years. Anderson inquired what will be done to prevent erosion of a steep bank on his property and whether a retaining wall will be erected. He noted there would be an easement required to bring the sewer to the property located behind him. Kellogg indicated the sewer line would be bored to reach the other property. Kellogg said the sewer line should run 10-12’ from any present vegetation. He noted there is an option to box the trench to avoid losing trees. Kellogg said he would work with Anderson regarding this issue. Cook reported that the bank would be stabilized in a manner not requiring a retaining wail. Anderson questioned the road being open for use by the residents. Cook said the residents vrill be given notice of when the construction will occur. Kellogg also said he would be on location during construction. Anderson asked if he would be required to remove his mound septic system noting it was only three years old. He also indicated that the City had requested him to put in a larger system than what he did. Gaffron said there is no requirement pertaining to removal of the mound system as it posed no pollution hazard, and would be left to Anderson's discretion. Jabbour informed Anderson of previous situations with newer mound systems where hook-up to sewer was extended and quarterly sewer bills were deferred. While the assessment would start immediately, the quarterly sewer cost would not be paid until actual hook-up occurred. Anderson said while his system is functioning properly, he sees no benefit in deferring the hook-up. Jabbour informed Anderson that the City was made aware of failing septic systems in the Long Lake area about three years ago resulting in the MUSA line being extended with the approval of the City of Long Lake. He noted that the relationship between Orono and Long Lake has improved over the last several years. He also indicated that the sewer project involves cooperation of many governmental bodies. There are currently 75 sewer units available for Orono. This project will use about 55 units and 12 units are l eserved for the Ice Arena. The school projects a need for 75 units which are currently not available. A solution will be dependent on the cooperation of other governmental bodies. i MINUTES OF THE ASSESSMENT HEARING NORTH LONG LAKE/LONG LAKE COUNTRY CLUB SEWER PROJECT MEETING HELD ON MAY 6,1997 (M6 Public Comments - Continued) Anderson asked if there was the possibility of power lines being buried by NSP during the sewer project construction. Cook said he would inform NSP of this request but the cost is expensive. Jabbour noted that cost would be passed on to the benefiting property owners if this would occur. Anderson suggested this may be a cooperative effort by the City and NSP. Jabbour said it would be brought to NSP's attention. Flint indicated he is a proponent of burying utility lines when possible. Steven Gray, 819 Brown Road North, asked how the cost figure was determined noting the cost of a new mound system was between $8,000-$10,000. Jabbour s^d the cost war. determined by the benefit to the property owner noting an average mound system was found to be about $10,000-$! 1,000. He noted that the property owners also benefit by the use of their entire property which, otherwise, would be limited by the primary and alternate septic sites. The land is then freed up by the installation of the sewtT. Gray questioned the benefit if the property owner could not a&brd sewering and had to move. Moorse informed Gray that the City assessor has indicated the property would not immediately increase in value but creates value over time. Gray noted the cost of hook up and questioned whether his property would be worth the added expense at the end of the 15 years period. Moorse indicated that the cost of maintaining a septic system must also be considered, which would offset the cost of the quarterly sewer fees. Discussion was held on the life expectancy of a septic system and repair. Kelley cited his own property as an example indicating his septic system is currently non- conforming. He believes his property has been reduced in value due to this problem. Kelley said he would like the opportunity to be included in a sewer project. Jabbour informed the audience that the problem with non-conforming septic systems is occurring more and more frequently and becoming a normal situation. He urged residents not to burden the City with additional costs from the project such as easement acquisition. Gray said he understood that the City's participation comes from the general taxes and asked if the City budget has accounted for the project. Moorse indicated that the budget does not currently reflect the cost of the project. MINUTES OF THE ASSESSMENT HEARING NORTH LONG LAKE/LONG LAKE COUNTRY CLUB SEWER PROJECT MEETING HELD ON MAY 6,1997 (#6 Public Comments - Continued) Odean asked about the circumstances surrounding the Crystal Bay sewer project. Peterson relayed the events surrounding the class action litigation. Jabbour informed the audience that the assessed value for the current project was based on the benefit received, as a result of the Crystal Bay sewer project, to eliminate such problems occurring again. Goetten noted that the City learned from the Crystal Bay sewer project and worked with the residents to devise a plan where the City would participate in the cost to eliminate such problems. Peterson reported that she appreciates every day the sewer her property is benefiting from. Odean said he was in support of the project but does not want to pay more than it is worth. Goetten also cited her personal example with sewer hook-up and the City's obligation to assist those with failing systems. Scott Morrison, 14510 12 Avenue North, Plymouth, asked what the cost equates to on a monthly basis. Moorse informed him that the cost would be paid with property taxes twice a year unless taxes are escrowed. Donald Lund, 1465 Long Lake Blvd., asked what the starting and completion dates are for the project. Jabbour indicated that the bids have come back but not yet accepted. There is a 30-day response time to the assessment hearing before any further action takes place. If the project is then approved, the dates will be finalized. Cook said he expects the project would start in about six weeks and notices would be sent to the property owners informing them of the projected start times. Completion date is unknown but must be completed by November 15. Jabbour noted the need to acquire easements through property owner permission or possibly 90 day quick takes. Beverly Greenley, 1485 Long Lake Blvd., asked what the plans are for the road by her property. Kellogg indicated the sewer line will come up her driveway. The road will be "tipped back" and a catch basin added to improve the drmnage system. Kellogg indicated a neighboring property has a garage currently located in the right-of-way. Cook said the road will be repaved and the configuration is not expected to change dramatically. Kurt Greenley, 1485 Long Lake Blvd., asked what would happen, if delays occurred, to the cost amount. Jabbour said the Council will adopt the amount as a fixed price. However, there could be changes if easement costs are required or the project is delayed to another year resulting in market changes to the benefiting properties. Cook said there were two critical spots where easements are required that could possibly delay the project. One involves the area of the lift station at the comer of Long Lake Blvd. and the other in the Long Lake Countiy Club area. Other areas where easements are required vrill not affect the entire project. Anderson asked when the final decision will be made. Jabbour and Moorse said it would occur at the end of the 30-day appeal period. MINUTES OF THE ASSESSMEN T HEARING NORTH LONG LAKE/LONG LAKE COUNTRY CLUB SEWER PROJECT MEETING HELD ON MAY 6,1997 (#6 Public Comments - Continued) * David Lohman, 1860 Lakeview Terrace, noted that the cost estimate was higher than the bid and asked why the cost did not reflect that change. Jabbour said he was not sure the cost would decrease. Lohman asked if the assessment could be paid in advance. Moorse said the assessment could be paid upfront or a portion of it paid at that time and the remainder spread over the 15 year time period. It was noted that the assessment cost is not tax deductible. Lohman asked if the location of the sewer pipe would change. Cook indicated the plans are available for review. He noted there will be some "tweaking" of the plans on site but the pipe is not expected to change more than a foot or so. Lohman asked if there was a change to the pipe location at Lakeview Terrace and County Road 6. Kellogg said the pipe was changed from the west to the east side of the Memik property at 1840 Lakeview Terrace in order to preserve trees. Well separation was also an issue. Lohman asked if a problem with a catch basin could be rectified during the construction. Cook indicated the problem would be reviewed. Jabbour asked Lohman to relay the problem in WTiting to the City En^neer. Charles Truman informed the Council that the City has treated him well over the years. He voiced his appreciation for the maintenance of the roadways. Steven Gray noted the problem with payment of the assessment for lower income people. He said he would appreciate any assistance the City could do. He asked the City to consider passing on any sa\nngs to the residents between the estimated amount for the project and the bid amount. Jabbour said the City has to be careful not to set precedents and would attempt to assist where possible. He reiterated the availability of grants for sewer hook-up fees. Flint informed the audience that his own property was located next to Mr. Lund’s, yet did not meet the criteria to hook-up to sewer. Flint said he would if it was possible. There were no further comments, and the public hearing was closed. (#7) CLOSING OF HEARING Jabbour closed the public hearing. He explained the 30-day appeal process. Moorse informed the audience that a written letter of objection to the assessment must be submitted by this date in order to appeal. Mr. Johnson reported the Notice of Publication indicated today’s date as the final day for objecting to the assessment. 8 MINUTES OF THE ASSESSMENT HEARING NORTH LONG LAKE/LONG LAKE COUNTRY CLUB SEWER PROJECT MEETING HELD ON MAY 6,1997 (#8) COUNCIL CONSIDERATION OF ADOPTION OF ASSESSMENT RESOLUTION #3895 Goetten said she was in favor of the resolution noting the sewer project has been in discussion for a number of years and is high on the list of priority "hot spots" for sewering. Peterson concurred with Goetten. She said she sympathized with those residents which vrill be financially strained by the cost of sewering. Flint indicated he favored the project and also voiced concern for those with financial difficulties. Kelley moved, Goetten seconded, to adopt Resolution No. 3895 approving the assessment roll for the North Long lake/Long Lake Country Club sewer project. Vote: Ayes 5, Nays 0. Jabbour noted that the Council will move forward with the project assuming there are no objections. (#9) adjournment Kelley moved, Peterson seconded, to adjourn at 8:36 p.m. Vote: Ayes 5, Nays 0 Gabriel Jabbour, Mayor ATTEST: Dorothy M. Hallin, City Clerk ■A ORONO CITY COUNCIL MEETING MINUTES FOR MAY 12,1997 COUNCLMEEIMy MAY ,e 7 1997 ROLL '^'TYOFOnONO The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members J. Diann Goetten, Charles Kelley, Barbara Peterson, and Richard Flint. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Radio, Assistant Planning and Zoning Admirustrator Michael Gaffron, Planner/Zoning Administrator Elizabeth Van Zomeren, Public Services Director Greg Gappa, City Engineer Glenn Cook, and Recorder Sherry Frost. Mayor Jabbour called the meeting to order at 7:00 p.m. (•#1) CONSENT AGENDA Items #7, 8, 9, 11, 14, and 15 were added to the Consent Agenda. Goetten moved, Peterson seconded, to approve the Consent Agenda as amended. Vote: Ayes 5, Nays 0. APPROVAL OF MINUTES (•«) REGULAR MEETING OF APRIL 28,1997 Goetten moved, Peterson seconded, to approve the Minutes of the Regular City Council Meetingof April 28, 1997. Vote: Ayes 5, Nays 0. (*#3) 1997 BOARD OF REVIEW MEETING OF APRIL 23,1997 Goetten moved, Peterson seconded, to approve the Minutes of the 1997 Board of Reviewing Mec .:ng of April 23, 1997. Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS Commissioner McDermott invited the Council to the Park Tour on June 2, 1997. He noted the Park Commission submitted a recommendation for a trail for the Spring Hill Golf Club property. PLANNING COMMISSION COMMENTS Chair Lindquist had no additional comments from their submitted report. PUBUC COMMENTS There were no public comments. r \ *7 .* - / • » '' MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 12,1997 ZONING ADMINISTRATOR’S REPORT (#4) #1457 ALAN G. CARLSON/KINGSBRIDGE PROPERTIES INC., 3140 WATERTOWN ROAD - CRYSTAL CREEK - FINAL PLAT - RESOLUTION NO. 3896 Van Zomeren noted that the application has been ongoing for several years and involves a 12-lot subdivision. The septic sites have been reviewed and approved. Outlot B will remain for future access. The applicant has fulfilled all conditions of the preliminary subdivision approval. The required easements, covenants and a declaration have been reviewed by the City Attorney and approved as amended. The applicant said he was satisfied with the resolution. Jabbour inquired about Park Dedication fee. Van Zomeren said the fee was paid in 1990, prior to the adoption of the Park Dedication fee currently in effect. Kelley received confirmation from the applicant that he is aware of the placement and movement of the railroad as it relates to the proposed Highway 12 Corridor. Outlot C was discussed. Carlson said he will be proposing some changes to the railroad location. Jabbour informed Carlson that the Highway 12 road location would depend on topography and avoiding the cemetery. Kelley moved, Goetten seconded, to approve Resolution No. 3896. Vote: Ayes 5, Nays 0. (#5) #2218 JYLAND DEVELOPMENT INC., 1185 HUNTER DRIVE - FINAL PLAT -RESOLUTION NO. 3897 The applicant was present. Gaffron reported that the application was a request for final plat for Hunter Pass. The applicant will fulfill all conditions set forth in the resolution prior to release of the plat for filing. The private road will be named Hunter Pass, which has been approved by the police department. The proposed access is from Hunter Drive. Gaffron noted the County has requested the standard 10’ of additional right-of-way which the City has usually declined to enforce on the developers. Gaffron does not recommend approval of the County's request. The application is subject to a Park Dedication fee of $25,670. Gaffron recommended approval of the application The applicant had no further comments and approved the information provided. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 12,1997 (#5 - #2218 Jyland Development - Continued) Goetten moved, Peterson seconded, to approve Resolution No. 3897. Vote; Ayes 5, Nays 0. (Agenda item #6 follows item #10) (*#7) 1997 JOINT USE DOCK LICENSE - 3155/3185 NORTH SHORE DRIVE AND 1406 BOHNS POINT ROAD - RESOLUTION NO. 3899 Goetten moved, Peterson seconded, to adopt Resolution No. 3899, granting a 1997 Joint Use Dock License to the owners of property located at 3155 North Shore I^ve, 3185 North Shore Drive, and 1406 Bohn's Point Road. Vote: Ayes 5, Nays 0. (*#8) ADULT USE MORATORIUM - ORDINANCE NO. 158, 2ND SERIES Goetten moved, Peterson seconded, to approve Ordinance No. 158,2nd Series, regarding adult use moratorium. Vote: Ayes 5, Nays 0. (•#9) TELECOMMUNICATIONS ORDINANCE NO. 159,2ND SERIES - EXTEND MORATORIUM Goetten moved, Peterson seconded, to e.xtend the moratorium on telecommunications towers and antennas to June 10, 1997, Ordinance No. 159, 2nd Series. Vote; Ayes 5, Nays 0. (#10) SPRING HILL GOLF CLUB, 700 SPRING HILL ROAD - VARUNCES AND CONDITIONAL USE PERMIT The applicant was present. Gaffron reviewed the application for the proposed golf club and the requested variances and conditional use permit. The variances are for an oversized accessory structure, the mmntenance facility, bluff impacts, and wetland impacts. The CUP is for land alteration for the movement of over 340,000 cubic yards of soils on the site as well as for the golf course use. This use is a permitted use under the RR-IB and RR-lB-1 Residential Zoning Districts. An EAW is currently in process. No final action can be taken until the E AW is complete. Gaffron reviewed the list of previous and new exhibits as shown on the staff memo of 5/9/97. Gaffron emphasized the need to determine whether the plans attached are current. Jabbour asked to review the plan and gather the opinion of the Council on each issue. He also asked for an understanding of the schedule required for gathering of the information for preparation of the CUP. He asked to review the Planning Commission and Staff recommendations and information needed for the EAW. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 12,1997 (#10 Spring Hill Golf Club - Continued) Gafiron referred to item F which provides the information regarding the EAW, and in particular to the letter from the DNR. Jabbour said the Council is not ready to act on the EAW or EIS. Gaffron said additional EAW information will be forthcoming from Marshal Braman and suggested a special meeting be scheduled to review it. Jabbour agreed. Gaffron reviewed the Planning Commission and Staff recommendations as outlined in the 5/8/97 memo and the discussion was as follows: (1) Zoning Conformity - Council agreed that the pertinent portions of the site should be rezoned from RR-lB-1 to RR-IB and the future use of the site as a conference center would be eliminated. (11) Legal Combination - Applicants' Attorney, Tom Crosby, said they agreed with the legal combination but would most likely plat the property, which would make it easier for granting conservation easements. Jabbour was informed that this would include the proposed trails. Crosby indicated the property south of Spring Hill Road would remain independent as an outlot. Flint asked if depictions are available as to what the property will look like after the EAW is complete. It was agreed that it is difticuit to make this determination at this time. Crosby said the plans can be defined by the drawings presented and descriptions. Jabbour asked if there will be a developers agreement. Gaffron said there would be and it would include the platting. Crosby agreed. Radio suggested the Council use the current plans as a basis for alt conditions. Flint asked how this would be affected by ch^ges. Gaftfon informed him that there has been no resolution presented with conditions as of yet. A resolution can be prepared once preliminary or conceptual approval is given. Jabbour indicated his support of the project based on the proposed plan. He indicated that an EIS could be necessary if the plans were significantly changed from those currently shown. He noted the need to pin down any variables and asked for this information prior to the next meeting. Moorse said this information can be reflected on the final revisions of the plan. MINUTES or THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 12,1997 (#10 Spring Hill Golf Club - Continued) Council agreed with the legal combination as presented. Jabbour noted the applicant would be bound by the set of plans. Gaffron said he would include a stipulation that the conditions apply to the most current plans. Radio reported that if the plans were to change substantially, the EAW process would be required to start over again. He informed the applicant that it would be in their best interest not to change the plans. Jabbour indicated small "tweaking" of the plans may still occur. (Ill-A) Bluff Impact Variances - Council agreed with recommendation as presented. ni-B) WIetland Impact Variances - Gaf&on reported there will be grading, fill, and expansion of City and non-City protected wetlands. Mitigation will occur on the site. Jabbour said that the access was not noted. He asked if the wetland mitigation would be banked for City credit. Gaffron said this would possibly be used for the trail through the wetland area adjacent to Tamarack Drive. Tom Crosby said the Golf Club would need to retain a portion of the wetlands credits to provide some flexibility for subsequent "tweaking" of the golf course. He agreed that the credits would not be sold, and that a portion of the credits could be used to enable a trail to be constructed. He agreed with the recommendation in concept as well as with the trail with some minor changes. Tom Radio noted the minutes of the Planning Commission review did not indicate any discussion of the hardships. He said these hardships need to be identified and verified. Gaflron said the findings as stated in the resolution will indicate elements of the Planning Commission discussion not specified in the minutes, as well as findings to be made by the Council. Kelley was informed that there would be a net gain of wetlands. Mr. Morrison noted there would be an additional 2 acres of wetlands created. Flint reported that the proposed trail location recently communicated to the developer may or may not affect the wetlands. Gaffron said that any additional changes to wetlands will require a sequencing process with a L.eparate review from those currently under discussion. Gaflron said the Planning Commission did not discuss in detail the use of the wetland credit. Jabbour said the City has been concerned for several years over the need not to lose any wetland credits. He asked to ensure that these credits would not be lost noting it would not disable the applicant from "tweaking" their plans. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 12,1997 (#10 Spring Hill Golf Club - Continued) Flint asked how the newly proposed trail can be provided for without holding up the project. Moorse said if the City and developer agree on the trail, it can be shown on the plans. It would not create any problem as long as there are greater credits than what is required. The variance process can be used if found that filling is required, but the trait must be shown on the final plans. Jabbour said the trail should be shown on the final plans as well as in the conditions in the developers agreement, which will include a letter of credit. Crosby said he will determine the amount of credit and amount needed for use on the golf course and give the remaining credits to the City for use for a trail and for general credit. Kelley said he recommended the trail be outlined before the plan is finalized. Morrison asked that if filling becomes necessary, the applicant would not be required to go through the full review process again. Jabbour suggested the trail be added to the MCWD application submitted by the applicant. Applicant and Council agreed. Jabbour indicated the key issue would be agreement on the trml placement. Flint asked who would pay for the trail and maintain it. Crosby said the City would have to be the owner of the trail through fee title for insurance purposes. It was noted that the City has used both the fee title and easement methods for trails. Flint said there were wetland issues to be solved regarding the trail placement. Jabbour said he had met with the applicant who has agreed to identify the property lines so an understanding can be obtained on where the right-of-way exists. This will enable the applicant and Council to gain a vision of where the trail will be located. Crosby said the right-of-way should be marked by the end of the week. Gafifron said he would add the condition to the recommendation that the City will have the right to use the wetland credits. Goetten inquired when the applicant expected to hear from the Watershed District. Crosby indicated he will meet with the Watershed District on Thursday of this week, and their application is on the agenda of the MCWD for the meeting of May 22. Jabbour noted that the CUP would be subject to the approval of the Watershed District. Gaf&on suggested the condition note the requirement of approval of other agencies as well. Gaffi-on said he was concerned that the Watershed may establish requirements or conditions that would affect the plans. Braman said the Corp of Engineers have indicated the permit would be issued within a week. nU-C) Big Woods Alteration Impacts - Gaffron reviewed the Staff, Planning Commission and City Engineer’s recommendations. Jabbour asked that the applicant provide a vegetation plan. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 12,1997 (^10 Spring Hill Golf Club - Continued) Ga£fron asked that the tree planting plan include where the trees will be moved from and where they will be placed. Goetten voiced concern with the trees being moved from the site to the nursery and questioned the possible loss of trees through this process. Gaffron indicated the applicant said the trees must be moved in May or June. He suggested the Council may want to ask the applicant to move the trees as soon as possible in order to avoid the loss of trees. Goetten asked how long it would take to move 500 trees. Hunter said some trees are limited by the access. Three spades will be used for tree movement with some removal by hand. They estimate 100-150 trees can be moved weekly at a rate of one tree per 45 minutes for each spade employed Goetten and Jabbour inquired whether the applicant had the right to make changes on the land prior to taking title. Hunter said the re^ estate closing is scheduled for the last week in May. Once that closing occurs, the applicant will begin tree movement. Jabbour said the Council wants to facilitate the applicant being able to move the trees as quickly as possible. Flint asked if the applicant will have written documentation regarding efforts to mitigate the damage to the Big Woods as requested in the DNR letter of May 8. Jabbour said this information will be required prior to the special meeting. Morrison said this can occur if an agreement can be reached. Gaf&on read the DNR recommendation. He said the information should provide the necessary material to avoid the need for an EIS. Braman is to provide that information to Staff prior to the meeting. Morrison said the DNR requested the layout of the course and what mitigation has occurred and will occur. The DNR asked that this process be noted in descriptive form for confirmation of minimizing impact to the Big Woods. Dick Krueger said he attended the meeting noted. He thought the request was for additional ways to mitigate the impact to the Big Woods. Jabbour informed him he was correct. Instead of cataloging trees, the applicant must show tree preservatioa He indicated that the DNR had not previously been made aware of all that was being done to mitigate and minimize the impact. The Council voiced satisfaction with the process being taken by the applicant to continue mitigation and minimiring impacts to the Big Woods. Kelley said he agieed with the Planning Commission recommendation. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 12,1997 (#10 Spring Hill Golf Club - Continued) Jabbour said he was reviewing the application as a development, not a residential development, and looking at what rights the applicant and City have in order to perform due diligence. Goetten said the Council must technically look at the application currently under review. Flint said he was becoming more satisfied but would like to see the final plan. While he would like to preserve all of the Big Woods, he understands that the option is not available. flll-Dl Alteration of Wildlife Habitat and Movement Corridors - Gaflfron noted that this refers back to the ori^nal memo and is centered around the Big Woods and wetlands. There are no specific recommendations. The City Engineer has recommended that the project maintain connectivity regarding a corridor for wildlife movement. Flint noted that the perimeter type of split-rail fencing proposed will also help meet these goals. Crosby stud the one fence proposed is between the trail and the golf course property itself. It would be decorative and not present a barrier for wildlife. nil-E-H Drainage - Council agreed with Staff and Planning Commission recommendation. mi-E-21 Wetlands - Gaffron noted that the weir can be moved if adjustments become necessary. Jabbour asked Mr. Krueger if he found the solution satisfactory. Krueger said he agreed with the concept. Jabbour asked that a copy of the development agreement, which will address the weir issue, be given to Krueger. Council agreed with recommendation. fin-E-J'i Water Quality - Gaffron reviewed the recommendation. He noted that Staff had been awaiting the City Engineer's recommendation. It was received on 5/6/97. Boncstroo's recommendation as noted in the memo was reviewed. Council agreed with Staff, Planning Commission, and City Engineer's recommendations. fni-E-4J Hardcover Calculations - The application meets all hardcover requirements. Jabbour said Gaffron can assume Council agreement until otherwise noted in comments. flll-FJ Septic Systems - Gafl&on informed the Council that no plan has yet been submitted for a specific septic system site for the maintenance facility. This information is needed soon. Any approval will be conditioned on receipt and approval of information. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 12» 1997 (#10 Spring Hill Golf Club - Continued) Kelley asked if the sewage from the restroom located near the tunnel will be discharged back to the maintenance facility septic system. Gaffron said he assumed this would occur unless a separate system is required. The applicant said they planned on a combination system. Braman said septic system testing has been completed. He indicated the septic system for the conference center meets standards. Braman said there was a possibility that separate ^sterns might be needed for the tunnel restroom and maintenance facility. He also reponed that septic sites have been identified. Council agreed with reconunendation for conditional approval. (III-Gl Groundwater Usace/Impacts - Gaffron noted that the well serving the facility is a surficial aquifer while neighboring wells are located in deeper bedrock. It was determined that no other wells exist within the 900' radius that might be affected by this well. Kelley was informed that a dual line irrigation system would be used down the fairways, and the water supply would be adequate to handle the need. This includes the area north of CoRd 6. Council concurred with Staff and Planning Commission recommendation. t nri-H> Storage of Fuels and Agricultural Chemicals - Gaffron said the storage would be adjacent to the maintenance facility and both facilities would require appropriate screening. The recommendation is conditioned on regulations of other agencies being met. Jabbour asked if precaution has been taken for water safety. He was informed that necessary precautions have been taken. Kelley was informed that the maintenance facility will have a fire sprinkling system. Kelley questioned whether the chemical storage facilities should also be required to be sprinkled. Tim Johnson said that other golf course storage facilities he has been associated with have not required sprinklers. He said there are signs posted regarding the usage. He has not checked with the fire department as yet. Jabbour was told that the storage facility would be a pole building. Kelley inquired if the piping would be adequate to accommodate the fire department. It was noted that there is a fire hydrant by the clubhouse. Crosby said the maintenance facility would have a new well. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 12,1997 (#10 Spring Hill Golf Club - Continued) The majority of the irrigation will run to the holding pond where it will be retained and recycled and its level regulated by a monitoring device. Kelley asked why a holding pond was used instead of directly irrigating from the wells. He was informed by Braman that it was designed to operate as a NURP pond as well as allow the water to be recycled. Braman said they are able to better control the water temperature and efficiency in terms of well sizing. Jabbour noted there is also value to the nutrients in the water. Johnson reported that there will be one gas tank and one diesel tank encased in concrete. The agricultural chemicals are a combination of diy and liquid. Jabbour noted the need for a basin to contain the liquids. Johnson said the floor will be recessed to accommodate spills and act as a basin. Council agreed with recommendations. nV-A^ Maintenance Facility Access Location - The access will be located off of Tamarack on the high point of the roadway for safety reasons about 200-300' from the intersection of CoRd 6. Kelley put the applicant on notice that this road will have load restrictions in the spring months. Cook said this road is built for 5 ton capacity. Council agreed with recommendation as noted in the Staff memo. flV-B'l Clubhouse Access Location - The Planning Commission was unable to reach a concensus regarding the access. Staff and Hennepin County recommend access onto Spring Hill Road and elimination of all access points abutting the site on CoRd 6. Goetten said she disagreed with Staffs recommendation. She suggested the use of the existing location on CoRd 6 as the property is not residential and the Council must consider future use. Flint agreed vrith Goetten. While understanding the concern over traffic, Flint said he believed it would be a wrong decision to locate the access from Spring Hill Road when considering the future of the City. Noting the recommendation for an upgrade for Spririg Hill Road, Flint said he believed Spring Hill should remjun a quiet rural road, especially in light of a trail along that stretch of road. He feels a Spring Hill entrance would encourage other development. Kelley disagreed with Flint and Goetten. He noted the 55 mph speed limit on CoRd 6 and is concerned with cars making turns along the hilly area. Goetten said a left turn lane could be used. He said he assumed there would be a left turn lane. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 12,1997 (H\0 Spring Hill Golf Club - Continued) Jabbour noted that cars would still have to make a left turn to access Spring Hill Road from CoRd 6. He said Spring Hill Road was never envisioned to be heavily traveled. Kdley indicated there would still be a safety issue even if the property was residential in nature. He said people are already rnvare of the intersection of Spring Hill Road and CoRd 6. Kelley noted that Hunter Drive is a 4-way intersection and most traffic comes from the east. He reiterated that it would be a major mistake to allow traffic to enter the golf course from CoRd 6. Jabbour, while recognizing that the project is based on a plan of 185 memberships, stated the Council must view it as a possible 300 member application. He asked the Council if they would want all of this commercial traffic going through Spring Hill Road that was never intended for such use. He did agree that a left turn would be better located elsewhere on CoRd 6. Kelley suggested limiting the number of memberships as a condition of the CUP requiring the applicant to readdress the allowed number if it should change. Jabbour opined that h would be difficult to limit the number of members. Goetten said her concern is with the narrow roadway and icy conditions in the wintertime. While recognizing the good intentions of limiting membership by the golf club, changes may occur in the future that would make the access best located on CoRd 6. Kelley said the CUP could control that possibility. Goetten agreed but felt the road access should be decided now. She noted the possibility of CoRd 6 being a 4-lane road at some point in the future. Kelley asked what the proposed design was for the entrance at CoRd 6. Gaifron indicated that this information has not been made available. Hunter said it would be difficult to change the by-laws of the golf club to allow more members. However, Crosby suggested the number be limited to 225 members. Morrison also asked for flexibility. He noted theie would be some national members instead of local only. Jabbour said the location from which the members arrive is not a consideration. Jabbour suggested a maximum membership of 250. The applicant agreed. Radio was asked for his opinion regarding membership limitation. Radio said it would be difficuh to incrementally stop increases but only in regulating large changes. It was noted that a membership usually involves a couple which automatically increases the actual number of people using the golf club. Peterson said she agreed with the access location from CoRd 6 instead of Spring Hill Road. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 12,1997 (#’ 0 Spring Hill Golf Club - Continued) Dick Krueger said he agreed with Kelley regarding the poor sight lines on CoRd 6 noting problems that occur at CoRd 6 and Willowbrook. He suggested a better site would be at Hunter Drive and CoRd 6. Flint cited an example of traffic flow on Sunday mornings where a number of cars turn left from CoRd 6 without ‘incident. Jabbour informed Gaffron that the Council consensus was for the clubhouse access location from CoRd 6. Gaffi-on informed the Council that County representatives, Thomas Johnson and Dave Zetterstrom, both indicated that the existing entrance does not provide for adequate safety and must be moved. Jabbour said it was his understandmg that a legal access cannot be eliminated. Radio said the property owner must have reasonable access to a county road but the actual location can be determined. He also noted that the use of a median does not constitute a loss of access. Tom Crosby said the access is carved into the bank and a change would disturb tree location. While recognizing the legal aspects of access, Crosby noted that the usage would result in a reduction from the usage the property had with the conference center. Gafiron said it is his understanding that the applicant would be required to obtain an access permit from Hennepin County. He does not believe this choice will be approved. He indicated that an acceptable access location may not fit with the current layout of the golf course. Jabbour said the Council will revisit this issue. He suggested time be allowed for the applicant to meet with County representatives regarding access. Kelley noted that part of the issue will be the design of the entrance and by-pass lane from the west. Gappa said the County would require a by-pass lane. He recommended the Council make that a requirement of the approval with the applicant working out the details with the County. Kelley also asked if the tunnel would serve the golf carts as well as maintenance equipment. He was informed that it would. nV-CI Soring Hill Road Condition - Gaffron reviewed the Engineer's recommendation for an overlay. Flint noted that this would be irrelevant considering the possible access from CoRd 6. Jabbour suggested the applicant pay a portion of the cost of the overlay if it was required. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 12,1997 (#10 Spring Hill Golf Club - Continued) flV-D) Intersection Upgrades - Gafiron reported that Staff and Planning Commission agree with the County recommendation for a by-pass lane at Hunter and CoRd 6. Since the upgrade would be development driven, H was recommended that the applicant be required to pay for this upgrade. Council agreed. nV-E^ Trail System - The Park Commission had discussed a comprehensive trail. The applicant has agreed to cooperate to the extent possible. Jabbour said ht ; met with the applicant on this date reviewing the layout of the trail. The applicpiit did not feel the trail as outlined was possible. The applicant would like to meet with representatives of the Park Commission and Council to identify the trail location after first determining the right-of-way. Jabbour said it would be counterproductive to discuss this issue any further until the additional information was determined. The layout of the trail as recommended by the Park Commission was reviewed. The trail would be a walking path about 4-5' wide made of a natural or wood chip surface. Hunter said the trail plan can be worked out. nV-F't UtHitv Needs - There was no recommendation regarding this issue. nV-G^ Tunnel Under CoRd 6 - GafFron reported that it is the County’s intent to contract with the City regarding the tunnel as the County will not enter into an agreement with a private developer. The City could then reassign certain responsibilities to the applicant. Jabbour said he discussed this issue with the applicant. He said the City normally would not be an agent for an applicant but thought an exception may be made in this case. He suggested acceptance ot a trail plan and possiDie construction and mamtenance ot said trail would be a trade-off. The City could then assume some of the responsibilities for the tunnel and pass others onto the applicant. Crosby said the County does not want to work with a private developer regarding inspections. He thought the City's involvement would be mainly inspection reports. Flint suggested this may work similar to the arrangement with the baseball association. Jabbour noted that the City would not enter such an agreement with the ice arena regarding stormwater pond maintenance. rVl-A'l Archaeological/historical sites - Braman said the archaeologist has complet^ phase n for the west site and found nothing of significance. There was no foundation found. Jabbour verified that there were no buildings. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 12,1997 (#10 Spring Hill Golf Club - Continued) (VI-B-1) Aesthetics - Architectural Compatibility - Gaffron reported that a portion of the clubhouse will be removed and the remainder remodeled. It is fairly residential in design and the location is not readily visible from off site. The maintenance facility as proposed is not visually compatible with the neighborhood and will require screening. The applicant proposes the use of vegetation and berming to result in the structure being invisible from off site. The Planning Commission also recommended that the maintenance facility be totally screened. (VI-B-21 Lighting - Gafifron reviewed the recommendation. (Vl-B-3) Preservation of Open Space - Gafifon reviewed the recommendation and conditions noting the desire to maintain the open vistas currently existing between Femdale to North Brown Road. He noted that the character of the fencing would not inhibit wildlife movement. (Vl-C-1) Maintenance Activity Impacts - Recommendation was reviewed. fVl-C-2) Clubhouse Area Activity - The discussion r^arding the number of memberships was noted. The amount of traffic would be restricted for special events requiring controls be in place. (Vl-C-3) Impact of Seasonal Use - The limited winter use was noted. I Vl-D) Golf Course Amenities - Gaffron indicated that the club house is not intended for use for large weddings where a ballroom would be required. Smaller weddings may occur. The Staff and Planning Commission recommendation was reviewed in regards to screening and orientation of the concession stand. rVI-E) Land Alteration CUP - Gaffron said the applicant will balance the amount of cutting and filling to limit the amount of traffic movement over the roads. He reviewed the 6 conditions as noted. Jabbour asked if direction was required regarding hours allowed by which to allow the land alteration. Gaffron suggested Monday through Friday, 7:00 a.m. to 7:00 p.pi. Dick Knieger asked that Saturdays not be included Morrison and Johnson indicated the need to work on Saturdays especially in light of moving the trees. After discussion. Council agreed to allow land alteration to occur on Saturdays from 9:00 a m. to 5:00 p.m. except for heavy equipment. If the applicant finds the need in emergency situations to use heavy equipment or the weather has impeded progress, the applicant is to work with Staff regarding approval to continue this operation on Saturdays. Land alteration on Sundays will not be allowed. Gaffron said he would monitor any problems. Flint and Goetten asked for some flexibility regarding tree movement. Kelley noted there may be a problem with dust. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 12,1997 10 Spring Hill Golf Club - Continued) Dick Krueger asked about oak wilt noting it is easily spread and difficult to control. He asked that the oak trees not b.: disturbed. Braman said the DNR has not responded to that specific concern. He said they were informed that the roots of trees should be sever^ to ensure infected trees not spread disease. Jabbour asked that the applicant submit a report from a tree expert on this issue. Braman will provide this information as part of the forthcoming information from the DNR. A progress report is to be submitted before any decision is made at the next Council meeting. Morrison said a plan will be submitted before that meeting, and he will keep the City updated. Jabbour asked if enough information was provided to allow a document be drafted for adoption at the next Council meeting. He asked that findings be prepared to allow for action to be taken regarding the EAW at the special meeting. Gaffion said the package will be formatted for EAW acceptance with no EIS required. He will work with Radio in drafting the document. Goetten asked for updated material prior to the meeting. Crosby asked for clarification on payment of the upgrade of Spring Mil Road. Jabbour said this would depend on where the access is located. If the existing access is approved, Jabbour clantied that a by-pass lane would be included. Kelley said the by-pass lane should be long enough to allow for cars to move into that lane soon enough for the next oncoming car. There were no additional public comments. The special meeting was scheduled to continue discussion of the EAW on May 21 at 6:00 p.m. Braman noted that the majority of the information should be available at that time. Jabbour moved, Kelley seconded, to continue the review of the CUP to the Council meeting of May 27 and the EAW review to the special meeting of May 21 at 6:00 p.m. or to the May 27 Council meeting if said meeting is canceled. Vote; Ayes 5, Nays 0. (There was a 10 minute recess.) (#6) #2222 JOSEPH VOCHKO, 2925 CASCO POINT ROAD - VARIANCE AND CONDITIONAL USE PERMIT - RESOLUTION NO. 3898 The applicant was present. Van Zomeren reported that the after-the-fact application is for a CUP and hardcover variance for a boulder wall that is partially in place. The Planning Conunission recommended approval subject to conditions regarding the placement of the boulders as noted in the staffi memo. It was noted that it is difficult, if not impossible, to obtain approval of a bouiuer waii from a siruciurai engineer. The dare in the resolution has been changed from April to May. NONUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 12,1997 (#6 - #2222 Joseph Vochko - Continued) Goetten said some of her concerns were answered after speaking with the applicant. She asked Cook to comment. Cook was informed of the slope of the hill, the hdght of the wall, and the boulders being placed in "pockets'*. Cook said he was comfortable with the use of large b oulders which should be fairly stable. Jabbour noted that the Council cannot give direction regarding safety and engineering but address only the aesthetics and hardcover issues. Goetten moved, Kelley seconded, to approve Resolution No. 3898. Vote: Ayes 5, Nays 0. (Mayor/Council Report follows Agenda Item 12) ENGINEER REPORT (*#11) APPROVE PLANS AND SPECIFICATIONS AND ADVERTISE FOR BIDS - BAY RIDGE/BRACKETTS POINT SEWER PROJECT - RESOLUTION NO. 3900 Goetten moved, Peterson seconded, to adopt Resolution No. 3900 approving the plans and specifications and ordering advertisement for bids. Vote: Ayes 5, Nays 0. (#12) COUNTY ROAD 19/TONKA VIEW DRAINAGE SITUATION Property owners, John Bessessen and Kathy Sawicki, were present to discuss this issue. Gappa said work began last summer to make improvements regarding drainage problems by use of ditching and rip-rap and an overlay on CoRd 19 to reduce the amount of water traveling down that road. This did not solve the problem. The two property owners have incurred $46,000 in damages in 1996. History of the problems are relayed in the report. Gappa said the best solution is to create a ponding area to limit the flow into the existing culvert that runs under CoRd 19 to divert water flow from Tonkaview. The engineering cost reflects regrading of the intersection with catch basins and a storm sewer by the ponding area to reduce flow into the lake. Conversations have been held wth the property owmer where the pond is to be created. Gappa said it is his intention to present this recommendation to the Council to obtain approval to proceed vrith the concept. Jabbour asked if the land in question is currently wetlands. Cook said the property is more pasture land that is not maintained. It is not wet. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 12» 1997 (#12 - CoRd 19/Tonkaview Drainage Situation - Continued) Bessessen said the direction of the water changed at some point. The area had been dug out. There is currently a 2* cu ’vert. Cook said this currently reflects the flow. Jabbour asked why the stump placed there is not removed. Cook said it works well. Gappa said erosion would occur if it was removed. Kelley asked how much rain the pond would hold. Cook said it would hold a 100-year storm. The flow would be pushed to the pond which would be 120’x80' and 3' deep. Kelley asked if it would be dry most of the time. Cook estimated the pond would ^ wet for a^ut two hours after a 100-year storm. On a five-year storm basis, it would be wet for about one hour. Kelley was informed that it would catch the water flowing down Tonka^ew. Kelley asked if it was correct that the housing development caused a change to the water drainage. Cook said some change probably occurred. Jabbour asked if the slope of the County road could be changed. Cook said it would add to the problem. Sawicki said they had hired a hydrolo^st to study the area, who was conclusive in stating that the development caused the source of the runoff. Kelley said the housing development is mandated not to cause change to drainage patterns. Kelley questioned whether the residents could be held responsible for causing this change. Jabbour noted that the housing development had received City approval. Jabbour questioned what effect the ponding would have on the property where it is to be located. He was concerned that it would affect the conformity of the property. Gappa said the property owner was concerned that the pond would affect her garden area. The lot was sud to be one acre in size in the one acre zoning. The creation of the pond would deem this property non-conforming. Gappa suggested an easement be taken. Goetten said this would place a burden on the property owner if any improvements were proposed. Jabbour asked about the other cornering property. Bessessen said it was owned by his father-in-law. Jabbour suggested he speak with him regarding using the property for ponding. Bessessen noted that the proposed ponding area had a natural depression. There is also a retaining wall in place that had been erected by Hennepin County. Sawicki said she spoke with the concerned neighbor. She voiced concern with losing control of the property if she granted an easement as well as possible loss of trees and creation of a large pond. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 12,1997 (#12 - CoRd 19/Tonka\dew Drainage Situation - Continued) Jabbour asked Gappa and Cook to meet wth the property owner regarding the pond to seek some solution. He noted the need to sain approval from the property owner, establish a price without condemnation of property or deeming it non-conforming, and determining who will pay the cost of the improvement. He was concerned wiih setting a precedent of stormwater management without assessment. Sawicki noted that the alteration by the County with curbing eliminated an outflow causing all of the water to run to the ditch from CoRd 19. She asked the County for assistance, who wanted an earthen dike. Bessessen said a claim to the League of Cities was denied based on an unsubstantiated claim. He said he would prefer an assessment versus losing his home. He indicated that his foundation is ruined. Bessessen suggested a solution of possibly a pond in the right- of-way that would be long and narrow. Jabbour said a solution will be determined but it would require some time. He asked Cook and Gappa to also meet with the County as well as the property owner. He noted that a small neighborhood drainage problem can be handled by the City. It the problem becomes one involving the watershed, it would require a hearing. It was noted that there are six homes in the potential assessment area. Radio indicated that outlying properties cannot accelerate dr^nage to other areas. He suggested the use of litigation for leverage in assessment. Bessessen and Sawicki noted that there property values have been lowered due to the problems. They suggested a possible lowering of their property taxes. Cook said the $10,000 for intersection reconstruction with ponding on the property to the west may create problems for that property owner. He noted the need for a control structure without creating new problems. The road could be tiled for drainage to the west. Gappa said the road would still require regrading. Sawicki said she had originally asked for curb and gutter but was told that it would push too much runoff down hill. Cook suggested the use of a stormwater utility fee to collect funds for such problems in the future. Radio said the test would then be for legality and not benefit but saw the fee as a fair and rea.sonable charge. Jabbour asked what difference there would be from this type of fee from collectmg through property taxes. Radio said this fee can be charged to a specific district. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 12,1997 MAYOR/COUNCIL REPORT Jabbour asked that the scheduled Special Council Meeting for May 21 include discusaon of CoRd 6 iroprovements specific to the Huntington Farm development. He asked that these residents be notified. He asked for a presentation showing the step-by-step process involved and including information from the comprehensive plan, specifically information from the 1970's regarding CoRd 6 and Hwy 12, the McCulley Road area, r id the City's position regarding the Hwy 12/CoRd 6 intersection. Kelley reported information from the Fire Commission meeting. The fire department is requesting two additional vehicles. They plan on adding a medical response truck, specifically a Suburban, eqiupped with m^cal equipment. The used truck is estimated at $24,000 and $20,000 for the equipment. They will continue to use the current truck. Kelley said the ambulance servicing this area is frequently out of the area on calls. There has also been an increase in the number of calls. The second vehicle requested is a pick-up truck that would accommodate 4-5" hose. The truck would cost about $30,<•III! Kelley said the Long Lake Fire Department is advising the City that they project the need for a new fire truck in 2000-2001 . The current cost of such a truck is $250,000. Kelley noted the population growth is increasing beyond the budgeted amount for such capit^ equipment. While there is sufficient funds available for current needs, Kelley said the City ne^s to plan for other proposed needs in the ftjture. He noted that the turn-out gear used by the fire department is in need of replacement at a faster rate than previously found. Kelley said the issue extends beyond this equipment need. He noted the City is currently paying 70% of all costs and is concerned with continuing payment of 70% of required upgrades. He indicated the need in the near future for a new fire station and questioned where it would be located. Kelley noted Willow Drive and North Brown are major north-south roads, and the fire station should be located to conveniently access these roads. Kelley asked the Council to consider these needs and the growth of the community when reviewing the budget. He said the Council should know the service area, the number of homes being built, the number of homes in the service area within Orono, and the allocation formula. The Council all agreed that the Fire Department is doing an excellent job. Jabbour said he was not as concerned with the location of the fire station but with a loss in the number of volunteer fire fighters. He also suggested a trailer be purchased to accommodate the hose instead of a truck. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 12,1997 (Mayor/Council Report - Continued) KeHey noted another concern of the fire department is the size of the trucks versus the narrow driveways of many homes. There is also the need to con^der zoning code requirements regarding height and the ability of fire trucks to handle such calls. Goetten suggested considering the possibility of purchasing a used fire truck. Kelley and Moorse will meet to discuss these issues. Flint reported that he and Jabbour attended the Highway 12 Design Meeting. While noting there is room for flexibility, the issues are becoming clearer and more specified. He recommended additional City involvement. Jabbour said a sub-committee should be formed made up of residents, staff, and Council to represent the City at these design meetings. He indicated there is a need for residents' vision regarding property use to limit damage to properties. He suggested a special meeting be held to discuss these issues. A Work Session was scheduled for 6:30 p.m. preceding the Council meeting of May 27 for residents west of Willow Drive. A Work Session was scheduled for 6:30 p.m. preceding the Council meeting of June 9 for residents east of Willow Drive. CITY ADMINISTRATOR’S REPORT (#13) PARTIAL PAYMENT OF SPECIAL ASSESSMENTS - ORDINANCE NO. 160,2ND SERIES Moorse reported that the ordinance would enable residents in the sewer project to partially prepay their special assessment. The Council has adopted ordinances allowing prepa>ment of assessments in the past but were specific to a particular public improvement project. This ordinance would be more general allowing partial prepayment of assessment for any public improvement project. Kelley moved, Goetten seconded, to adopt Ordinance No. 160, 2nd Series, allowing partial prepayment of assessments. Vote: Ayes 5, Nays 0. (»#14) PARK COMMISSION REAPPOIN1MENTS Goetten moved, Peterson seconded, to reappoint Susan Wilson a.id Sherokee Dse to three year terms on the Park Commission expiring on December 31,1999. Vote: Ayes 5, Nays 0. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 12,1997 (*#15) ADVERTISE FOR BIDS - OLD CRYSTAL BAY ROAD BIKE/HIKE TRAn. Goetten moved, Peterson seconded, to authorize the City Engineer to advertise for bids for the Old Crystal Bay Road Trail segment from the northerly boundary of the city facilities property to County Road 6. Vote: Ayes 5, Nays 0. (#16) TELECOMMUNICATIONS TOWER AND ANTENNA REGULATIONS - UPDATE Moorse presented the Council with updated information regarding the telecommunications tower and antenna regulations for discussion and input. He noted the City is moving forward in a conservative manner regarding the regulations to find a balance between accommodating PCS vendors and limiting the proliferation of towers. He is concerned that the limitation of antennas to City structures, namely the two water towers may eventually cause a problem with accommodating the potential 5-6 vendors. Moorse said each tower will probably be limited to use by 2-3 vendors. He suggested an option nnght be allowing towers to be buih by vendors and owned by the City for lease to the vendors. Jabbour asked if Moorse was convinced that the two water towers would be insufficient to handle the PCS antennas. Moorse indicated the water towers could not accommodate more than three vendors. He did note that surrounding cities have water towers that also can be used. Radio said the full extent of the new law is yet unknown. The PCS companies and their representatives have actively been advancing the cause for the companies. Kelley said he felt that the law would probably not require the City to maintain space for a large number of providers and recommend^ maintaining the antenna locations on the two water towers. He said the first ring suburbs will be affected first by the PCS companies, and the City can watch what occurs. Jabbour said the companies can choose from the locations provided at this time. (#17) OFF-SALE LIQUOR UCENSE - 12 HI LIQUOR Moorse reviewed the floor plan for the liquor store. He voiced concern that there wll be the ability to access the liquor store from the convenience store. He recommended a door be installed to prevent access by customers for use by employees only. Construction of a wall would impede access to the office and rest room. The police chief recommended approval of the license. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 12,1997 (#17 - Ofif-Sale Liquor License - Continued) Kelley thought there should be a separate entrance for the liquor store from the convenience store. He does not want the liquor store parking to occur by the gas pumps. Kelley inquired about the rules for maintaining a liquor license. Moorse said staff is reviewing recodifying the liquor ordinance and would probably use a series of suspensions for violations. Peterson asked that the license require the door separating the liquor store from the convenience store to remain closed. Peterson moved, Goetten seconded, to approve the liquor license application for 12 Hi Liquor at 2160 West Wayzata Boulevard, with the condition that a door be installed, and remain closed, except for employee use, separating the liquor store from the convenience store. Vote: Ayes 5, Nays 0. (#1S) SCHEDULE A MEETING TO DISCUSS TAX INCREMENT FINANCING AS A TOOL TO ASSIST REDEVELOPMENT The meeting is scheduled for June 2, 1997 at 5:00 p.m. CITY ATTORNEY'S REPORT City Attorney Radio had no report. (•#19) LICENSES Goetten moved, Peterson seconded, to approve the following licenses: Vote: Ayes 5, NaysO. Garbage and Refuse Collector's License: Baldy Sanitation Inc. 5906 Henry Street Maple Plain Blackowiak and Son Sanitation and Rolloff Service 1195 Sunnyfield Rd. N. Mound (•#20) BILLS Goetten moved, Peterson seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 12,1997 ADJOURNMENT Jabbour moved, Peterson seconded, to adjourn at 10:55 p.m. Vote: Ayes 5, Nays 0. Gabriel Jabbour, Mayor ATTEST: Dorothy M. Hallin, City Clerk ORONO BOARD OF REVIEW MEETING MINUTES FOR MAY 12,1997 COUNClMEEnNS MAY 2 7 1997 (#1) ROLL CALL cmroFORONO The Council met on the above mentioned date wth the following members present; Mayor Gabriel Jabbour, Council Members J. Diann Goetten, Charles Kelley, Barbara Peterson, and Richard Flint. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Radio, City Assessors Rolf Erickson and Dave Wilde, and Recorder Sherry Frost. Mayor Jabbour called the meeting to order at 6:30 p.m. (#2) COUNCIL ACTION ON ASSESSOR’S RECOMMENDATION Erickson noted the submission of an appraisal for Matthew Nicoll on property located at 16C Smith Avenue, #02-117-23-21-0029. While acknowledging the credentials of the appraiser, Erickson said he did not agree with all of the adjustments made therein. He stands by his assessed value. The fol'owing residents called after the April 23 local board meeting regarding their assessment: 1) Cary R. Farley 10-117-23-31-0031 1250 Arbor Street Crystal Bay, MN 55323 3) Ernest C. Blanchard 20-117-23-21-0032 2585 Dunwoody Avenue Wayzata, MN 55391 5) John Eiden 23-117-23-32-0066 330 Big Island (#3) PUBLIC COMMENTS 2) Tyrone A. Bucey 20-117-23-23-0020 2677 Casco Point Road Wayzata, MN 55391 4) Bartz and Johnson 07-117-23-11-0009 830 Windjammer Lane Orono, 55364 6) Elizabeth Norton 02-117-23 -34-OOOe 1399 Orono Lane Wayzata, MN 55391 Steve Mosley, 1635 Bohns Point Road, said he requested the assessor to revisit his property. Erickson referred the Council to page 15 of the leport. He said he sent Mosley a letter recommending no change in the assessed value. Mosley said he felt there were major discrepancies between his properly and those used as comparisons. Erickson said the properties noted were not comparable sales but only sales. Jabbour informed Mosley that the assessed value must be within 5% of the true value. He said the Council relied on the assessor as their expert in this area. He indicated the Council will only override the assessed value if there are obvious discrepancies. •. % «k • • » MINUTES OF THE RECONVENED BOARD OF REVIEW MEETING HELD ON MAY 12,1997 (#3 Public Comments - Continued) Mosley asked on what basis the increased value is determined. Kelley noted that the appraised value of Mosley's property increased on an average of 2.88% each year, which is in line with the real estate market. Mosley said the assessed value increased 58% in four years but based it on the assessed value at the time he purchased the property. Jabbour clarified that the value of the property is adjusted to the sales price at the time of purchase. He noted that the assessed value and sales price eventually meet. Mosley was informed that he would be requii ed to have a professional appraisal if he took his appeal to court. Erickson said Mosley would be given the opportunity to drop the appeal if the County's appraisal was higher than the assessed value. Erickson informed Mosley that the properties within Orono are diverse making assessments difficult at times. Kelley noted that the main value of properties is in the land itself Jabbour indicated there are many properties that are tom dovm and rebuilt. Mosley said his property is limited in the size of the footprint for any type of expansion. Erickson said individual properties are reviewed every four years for updating of assessed vdue. Council action: Goetten moved. Peterson seconded, to adopt the assessment schedule as presented with the addition of the sbc properties noted above. Vote; Ayes 5, Nays 0. ADJOURNMENT Mayor Jabbour adjourned the meeting at 6:45 p.m. Gabriel Jabbour, Mayor ATTEST: Dorothy M. Hallin, City Clerk sP Si’-/* IS f{( ’S'oiv 9! ill 8 m t / -sc: ;/.V <MiMt «M* /^ Ji?\*=5 ?“ *••• ■ 1 w-O••• •« ! ^- _ • 1 M ^ \ •# ’■^j^•*-*!!*!b W ■4'»i; ■ ■■■■■•1 i 1 irttfM U 00 $ ^ 55 O 5 'Wi 4^ oo I—* »—» VO N) ►- O • NO tn UO OO' £• S(g I ^ On Lh • • • ^ ^ ^ oa NO to if 3 NO to Q, 3 NO o ^* P. H-« VO ^ I C/5 CO SJ ^<►00 5d o ►I O C3 C* ^S >(W g* C ■ ffi rt ^ S 3 o ^ o* ^ ofg o • ^ NO NO I-* o *-* Jr* O c/5 QO *ti'2 ^ o> o S w 2 M S » CO k ^ S n ^ ^2 o D C »-i oS <5 s -^ fi. S' n: 3 &'" 5 t-’ 5a 8 .-»*“ a. >^ n :et - Variances h Shore Drive rth Shore Dri6^ o 1 PL < » K o 2. g t/l Q8 B §• ” > < « § ' i‘ < < » • 7 <:»1 pj o ^ COO 5* O o 5 cDoS ^ 03 1 *-1 » I’ " R o ^o.o.1 s.c * r-*- o ? s 1—1 o & « S' cr. ' a c:. jd o a a c/>p /d Cb S ^ o c/5 Cb 1 C/l *i S a o ►1 a »c ^ o’ a ^ o c sCO 3^. rn ^ • o D JTJ_________________§_c 5| COUNCLMEETINQ MAY 2T 1997 REQUEST FOR COUNCIL ACTION CITYOFORONO DATE: May 21, 1997 ITEM NO. Department Approval: Name Elizabeth Van Zomeren Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #Telecominunications Ordinance Batkgrownd This issue was on the April 21, 1997 Planning Commission meeting. They continued the public hearing to allow for the City Attorney to advise them on this matter. His memo is included in the attachments. The industry representatives have raised several issues and concerns regarding the proposed ordinance amendment. These are as follows: 1. 2. The two water tower sites will not be sufficient to provide adequate coverage. The two towers cannot accommodate the number of vendors currently in or expected to be in the market. 3.There has been no structural analysis of the towers to assure they are capable of supporting the antennas. 4.US West owns a building in a business zone in Navarre in which it conducts its telephone-related business. US West believes it has a right to a telecommunications tower as an extension of this business. The City has contracted vvith John DuBois, an engineer and telecommunications consultant, to provide technical assistance to the City in drafting and implementing the proposed ordinance. Mr. DuBois has indicated the two towers in Orono do provide adequate sites for PCS coverage. Each of the towers will accommodate up to three vendors. The water tower option is being used by many cities for PCS antennas. The concerns regarding the structural capabilities of the water towers and the number of vendors the towers can accommodate can be ad ’ressed during the implementation phase of the ordinance amendment. It is not clear how many PCS vendors will be in the market in the short term or in the longer term. If it is found that the water towers are not adequate to accommodate all of the vendors, the City will address this issue at that time. Request for Council Action continued Page 2 of 2 May 22. 1997 Telecommunications Ordinance It does not appear likely that a water tower that can support over 100,000 gallons of water cannot support a set of PCS antennas. However, once the City has received an application for the rental of space on a water tower and a determination has been made regarding where and how the antennas are to be mounted, it will then be the applicant's responsibility to obtain a structural analysis to determine if it is feasible to mount the antennas on the water tower. Planning Commission Recommendation To approve the attached ordinance. Attachments Ordinance Zoning Charts Minutes from 4/21/97 Planning Commission Meeting Summary of Telecommunications Act Correspondence from City Attorney City Policy and Previous Memos Industry Comments COUNCIL ACTION REQUESTED: To amend or adopt the enclosed ordinance. ORDINANCE NO. AN ORDINANCE AMENDING ORONO ’S ZONING CODE BY ESTABLISHING REGULATIONS FOR CONSTRUCTION AND PLACEMENT OF TELECOMMUNICATION TOWERS AND ANTENNAS The City Council of the City of Orono ordains: Section 1. That Section 10.02 "Definitions" of the Orono City Code is hereby amended by adding subsections (5A) "Antenna", (5B) "Antenna Support Structure", (5C) "Antenna Tower", and (56B) "Secondary Use" and amending (54) "Public Services" to read as follows: (5A) Antenna. Any of the below described uses requiring an antenna shall be subject to the regulation.*: of this Code: (i) Antenna. Personal Wireless Service. A device consisting of a metal, carbon fiber, or other electromagnetically conducive rods of elements, usually arranged in a circular array on a single supporting pole or other structure, and used for the transmission and reception of wireless communication radio waves including cellular, personal communication service (PCS), enhanced specialized mobilized radio (ESMR), paging and similar services and including the support structure thereof (ii) Antenna. Radio and Television Receiving. A wire, set of wires, metal or carbon fiber element(s), other than satellite dish antennas, used to receive radio, television, or electromagnetic waves, and including the supporting structure thereof. (iii) Antenna. Satellite Dish . A device incorporating a reflective surface that is solid, open mesh or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device is used to transmit and/or receive radio or electromagnetic waves between terresmally and/or orbitally based uses. This definition shall include, but not be limited to, what are commonly referred to as satellite earth stations, TVROs (television, receive only) and satellite microwave antennas and support structure thereof (iv) Antenna. Short-Wave Radio Transmitting and Receiving. A wire, set of wires or a device, consisting of a metal, carbon fiber, or other electromagnetically conductive element used for the transmission and reception of radio waves used for short-wave radio communications, and including the supporting structure thereof 1 (5B) Antenna Support Structure. Any building or other structure other than a tower which ca* be used for location of antennas. (5C) Antenna Tower. A self-supporting lattice, guyed or monopole structure constructed from grade which supports personal wireless service antennas. (54)Public Services. Underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants or other similar equipment and accessories in conjunction therewith; but not including buildings or major structures located above ground level. Personal wireless services and commercial broadcasting antennas and towers shall not be considered puMic service structures. (56B) Secondary Use. A use of land or of a building or a portion thereof which is subordinate to and does not constitute the primary use of the land or building. Section 2. That Section 10.03, General Provisions, Subd. 17, Essential Services, of the above-entitled ordinance be amended to read as follows: Subd. 17. This Zoning Chapter shall require a permit for all structures including utility poles and right-of-ways which are an integral part of a system for public transportation as for transmitting power, water, heat, communications, gas or sewage by any public utility. The Council shall grant a conditional use permit only after a showing that the public safety, health and welfare will not be harmed by the essential services. Personal wireless services and commercial broadcasting antennas and towers shall not be considered essential services* Section 3. That Section 10.20, R-1 A, One Family Residential District, Subd. 3 (D), of the above-entitled ordinance be amended to read as follows: D. Public Service Structures. Public service structures, including but not limited to, electric transmission lines, buildings such as telephone exchange stations, booster or pressure regulating stations, wells, and plumbing stations, elevated tanks, lift stations and electrical power substations, provided no building shall be located within 50' from any lot line of an abutting iot in an "R" District. Prior to granting such permit it shall be found that the architectural design of service structures is compatible to the neighborhood in which it is to be located and thus will promote the general welfare. Public service stru^'tures as defined above that have been approved by the City at required public hearings for public improvements projects shall not require a conditional use permit but such structures shall be subject to all other appropriate standards set forth in this section; amendments to approved plans involving design and/or placement of these structures will require written notice by the City to all affected property owners 14 days prior to the adoption of the amended plans by the Council. Personal wireless services and commercial broadcasting antennas and towers shall not be considered public service structures. Section 4. That Section 10.20, R-1 A, One Family Residential District, Subd. 3 of the above- entitled ordinance be amended by deleting (K) and (M) as follows: fe-Antenna Structure^.—€>ne independent-antenna structure with antenna o r comb ination of antenna attached thereto, subo rdinate to and servicing the principal use o r structure on the same loHmd custo marily incidental thereto that b-not attached-to anther structure provided the height-of the antenna strucUire doc s not exceed 6 5 feet and-the antenna structure is set back from any lot line a distance at least equal to the total -height of the antenna structure: Mr Antenna Structures. One independent antenna structure with antenna or combination of antenna attached thereto, subo rdinate to and scr\Mcing the principal-use o r structure on the same-lot -and customarily incidental thereto that is not attaehed-to anther structure provided the height of the antenna 8tructttre-doe 9-not -excecd-65 feet ond -thc antenna-structure is sc Section 5. That Section 10.20, R-1 A, One Family Residential District, Subd. 4 of the above- entitled ordinance be amended by deleting (H) to read as follows: Hr Antenna. Any antenna o r combination of antenna rigidly attached to -Ae principal or accessory structure provided that none of the foregoing exceeds the total height allo%vcd -in-Section 10r75 r Section 6. That Section 10.20, R-! A, One Family Residential District, Subd. 4, (H), of the above-entitled ordinance be amended by adding a new subsection (H) to read as follows: H.Communication Reception/Transmission Devices of the Orono City Code is hereby added to read as follows: (1)Accessory Antennas. Accessory Antennas shall be limited to radio and television receiving antenr* satellite dishes, TVROs, and amateur short-wave radio tra. ;“nht:ug and receiving antennas. Accessor)' Antennas that are u .o' to the principal use of property are permitted accessory Ui cs in all zoning districts provided they meet the following conditions: (a) Height. A ground mounted accessory antenna shall not exceed twenty (20) feet in height from ground level. (b) Yards. Accessory antennas shall not be located within the required front yard setback, comer side yard setback or side yard setback abutting a street. (c) Roofs. If vegetation or obstructions interfere with satellite signals at a location in any allowable placement area, the accessory antenna may be placed on the roof of any authorized stmcture on the premises. Accessory antennas shall not be located within a required yard or setback area or within drainage or utility easements. Antenna towers shall be set back from adjacent property lines a horizontal distance no less than the maximum height of the antenna. Building Permits. A building permit shall be required for the installation of any accessory antenna requiring a conditional use permit. Building permit applications shall be accompanied by a site plan and structural component data for the accessory antenna, including details of anchoring. The Building Official must approve the plans before installation. Lightning Protection. Each accessory antenna shall be grounded to protect against natural lightning strikes in conformance with the Nf.tional Electrical Code as adopted by the City of Orono. Electrical Code. Accessory antenna electrical equipment and connections shall be designed and installed in c 'nformance with the National Electrical Code as adopted by tht City of Orono. (h) Color/Content. Accessory antennas shall be of a neutral color and shall not be used as signage. Amateur Short-Wave Radio Antennas and Towers which do not meet the conditions for accessory antennas, may be allowed with a conditional use permit in all zoning districts provided they meet the following conditions: Height. When an amateur short-wave radio antenna is mounted on an antenna tower, the total height of the antenna and tower shall not exceed 65 feet. (b) Yards. Amateur short-wave radio antennas and towers shall not be located within a front, comer side or side yard. Setbacks. Amateur short-wave radio antennas and towers shall not be located within any required setback area and shall be located no less than the height of the antenna and tower from the property line. Section 7. That Section 10.28, RR-IB, One Family Rural Residential District, Subd. 2, Permitted Uses, of the above-entitled ordinance be amended by adding a new subsection (B) to read as follows: B. Personal Wireless Service Antennas and Towers. Purpose and intent. The purpose of this section is to establish predictable, balanced regulations for the siting and screening of wireless communication equipment in order to accommodate the growth of wireless communication systems within the City of Orono while protecting the public against any adverse impacts on the City's aesthetic resources and the public welfare. Personal Wireless Service Antennas. Personal wireless service antennas erected on a municipal structure may be allowed as a secondary use by administrative permit, provided they comply with the city policy regarding the use of city-owned property for wireless telecommunication antennas and provided they meet the following conditions: (a) The antenna shall be in compliance with the Minnesota State Building Code and all other applicable federal and state regulations and permits. Stmctural design, mounting and installation of the antenna shall be in compliance with manufacturer's specifications and shall be verified and approved by a registered professional engineer. (c) No advertising message shall be affixed to the antenna, i (d) Antennas shall not be artificially illuminated unless required by law or by the Federal Aviation Administration (FAA) to protect the public's health and safety. When applicable, proposals to erect new zintenna shall be accompanied by any required federal, state, or local agency licenses. Transmitting, receiving, and switching equipment shall be housed within the existing structure. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of die principal use and shall be screened from view by landscaping. All obsolete and unused antennas shall be removed within twelve (12) months of cessation of operation at the site, unless an exemption is granted by the City Administrator or designate. The removal shall be the responsibility of the communication provider. Antennas shall utilize camouflaging techniques or shall be side mounted to an antenna support structure in order that such facilities are compatible with the character and environment of the area in which they are located. (i) The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis prepared by a registered professional engineer that the location of the antennas as proposed is necessary to meet the fi’equency spacing needs of the personal wireless service system and to provide adequate portable personal wireless service coverage and capacity to the area. Section 8. That Section 10.40, B-1, Retail Sales Business District, Subd. 3 of the above entitled ordinance be amended to read as follows: F.Public Services. Public service structures, including, but not limited to, electric transmission lines and buildings such as telephone exchange stations, booster or pressure stations, elevated tanks, lift stations and electric power substations. Personal wireless service and commercial broadcasting antennas and towers shall not be considered public service structures. H:------Antenna. Any antenna or combmatton of antenna rigidly attached to the principal-or accessory 8tn rtufc provided that none of the foregoing cxeccda the-total height allowed in Section 10.75. h-------Antenna Structure...One independent antenna structure, with antenna-or combination of antenna attached thereto, subordinate -to-and 8cr\'ici ng the principal use or structure on the same lot and customaril}' incidental thereto that -is- not attached to another structure provided-thc height of the antenna structure docs not exceed 65 fcct and-tlre-antcnna structure is set back from any-let-tinc a distance at-least cqual-to the total height of the antenna structure. H. Personal Wireless Service Antennas and Towers. (1)Purpose and intent. The purpose of this section is to establish predictable, balanced regulations for the siting and screening of wireless communication equipment in order to accommodate the growth of wireless communication systems within the City of Orono while protecting the public against any adverse impacts on the City's aesthetic resources and the public welfare. Pt.Tsonal Wireless Ser\ice Antennas. Personal wireless service antennas erected on a municipal structure may be allow’ed as a secondary use by administrative permit, provided they comply with the city policy regarding the use of city-owned property for wireless telecommunication antennas and provided they meet the following conditions: The antenna shall be in compliance with the Minnesota State Building Code and all other applicable federal and state regulations and permits. Structural design, mounting and installation of the antenna shall be in compliance with manufacturer's specifications and shall be verified and approved by a registered professional engineer. (c) No advertising message shall be affixed to the antenna. (d) Antennas shall not be artificially illuminated unless required by law or by the Federal Aviation Administration (FAA) to protect the public's health and safety. iL. When applicable, proposals to erect new antenna shall be accompanied by any required federal, state, or local agency licenses. Transmitting, receiving, and switching eq.i.pment shall be housed within the existing structure. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping. All obsolete and unused antennas shall be removed within twelve (12) months of cessation of operation at the site, unless an exemption is granted by the City Administrator or designate. The removal shall be the responsibility of the communication provider. Antennas shall utilize camouflaging techniques or shall be side mounted to an anteima support structure in order that such facilities are compatible with the character and environment of the area in which thev are located. (i) The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis prepared by a registered professional engineer that the location of the antennas as proposed is necessary to meet the frequency spacing needs of the personal wireless service system and to provide adequate portable personal wireless service coverage and capacity to the area. Section 9. That Section 10.43, B-4, Office and Professional Business District, Subd. 4 (J), Public Ser\’ices, of the above-entitled ordinance to be amended to read as follows: J. Public Ser\ices. Public service structures, including, but not limited to, electrical transmission lines and buildings such as telephone exchange stations, booster or pressure stations, elevated tanks, lift stations and electric powei substations. Personal wireless services and commercial broadcasting antennas and towers shall not be considered essential services. Section 10. That Section 10.44, B-5, Limited Neighborhood Business District, Subd. 4 (C), Public Service Structures, of the above-entitled ordinance to be amended to read as follows: 8 c.Public Service Structures. Public service structures, including, but not limited to, electric transmission lines in buildings such as telephone exchange stations, booster or pressure stations, elevated tanks, lift stations and electric power substations. Personal wireless services and commercial broadcasting antennas and towers shall not be considered essential services. Section 11. That Section 10.50, I, Industrial District, Subd. 3, of the above-entitled ordinance to be amended by deleting subsection (B) to read as follows: Bt Antenna StfuetufC:—One independent antenna stfuetufe-with-antenno or nation of antenna attaehed-thcrcto, subordinate-to-and-sef>’icing the principal use or atructurc on the same lot and euatomarilyincidental thereto that is not attached to another atruetufc provtded-the height of the antenna 8tructttfe-doc3 not exceed 65 feet and the antenna 3tfueture-t»3ct back from any lot line a distance at-Icaat-cqual to-the total height of the antenna structure: Section 12. That Section 10.75, Height of Structures, Subd. 1, of the above-entitled ordinance be amended and realphabetized to read as follows: Subd. 1. Special Provisions. The height limitations imposed by other provisions of this Chapter may be increased by conditional use permit by 50 percent when applied to the following structures: At ■Antenna or antenna struct '■esr B t A. GrB. BC. E t D. Ft E. G:F. ihG. hll M. ifcj. fcK. Mt L. NM. Church spires. Belfries. Cupolas and domes w'hich do not eontain useable space. Monuments. Water towers. Fire and hose towers. Observation towers. Flag poles. Chimneys. Smokestacks. Parapet w'alls extending not more than three feet above height of the building. Cooling towers. Elevator penthouses. 1 Section 13. Adoption and Publication. This ordinance shall be published in The Pioneer and The Laker newspapers and become effective immediately upon publication. Adopted by the City Council of Orono, Minnesota on this ____, 1997 by a vote of ___ayes and _____nays. day of A'lTEST: Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor 4 RESIDENTIAL DISTRICTS Zoning District:Personal Wireless Antenna (PCS) Radio and Television Receiving Antenna SateT.ite Dish Antenna Short-Wave Radio Transmitting and Receiving Antenna R-IA Not Allowed Permitted if accessory to the principal structure Permitted if accessory to the principal structure Permitted if accessory to the permitted structure; C.U.P. otherwise R-IB li Ii ll It LR-: A ii If i|II LR-'B II If It fi LR-IC !•f«11 H LR-IC-1 I*•l If •1 RR-IA li h *1 II RR-IB Secondary Use on Municipal Structure by Administrative ' Permit Hi f| RR-lB-1 I*n n • RS Not Allowed Not Allowed Not Allowed Not Allowed m w ^ 4>- V-' y ‘ »• *. :>:*f. V. . /A -(Tach mei^s * fv^»Wufe6 -^6 m 4* 1/. q-7 <3urv\rv>ai\^ Tel€comr»>. •ffofK Se«<>siy< Lavtd CUc nef to4Uh6>^ o*-» M« jV.« > 4 v ‘a.- -; 4 ‘ '!A.V if \ •• /. . t •i' • r •fc. 'I-* :/?] ■‘^:V •,#' <* -. t •••.;•:. f - >* / ■jV #■ .' r». /. 4b < 'f \ / ____A ORONO PLANNING COMMISSION MEETING MINUTES FOR APRIL 21,1997 ROLL The Orono Planning Commission met on the above date with the following members present: Chair Dale Lindquist, Charles Schroeder, Sandra Smith, Janice Berg, Elizabeth Hawn, William Stoddard, and Lili McMillan. The following represented the City Staff: Assistant Zoning and Planning Administrator Michael Gaffron, Public Services Director Greg Gappa, City Planner Elizabeth Van Zomeren, and Recorder Sherry Frost. Mayor Jabbour and Council Member Goetten were present. Chair Lindquist called the meeting to order at 7:00 p.m. SCBDEDULED PUBLIC HEARINGS/PUBLIC INFORMATION REVIEWS (Ml) 7:00 P.M. TELECOMMUNICATIONS ORDINANCE - 7:00-7:30 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Van Zomeren reported that the proposed telecommunications ordinance was amended from discussions held at the March Planning Commission Meeting. Antennas stiiictures were deleted from the ordinance. The policy was codified to allow PCS on municipal water towers. This would limit the use to the two existing water towers, one ne^ the City offices and the other in Navarre. Van Zomeren said she understood that the maximum distance antennas may be located is 4 miles which is the distance between these two water towers. She also noted that antennas can be co-located on the same tower. A maMmum of three providers can co-locate on one tower with antermas placed at different heights. Van Zomeren indicated if problems occur due to these locations in the iliMre, the issue can be revisited at that time. Antennas are further defined within the amendment specifying PCS, radio receivers, and ham radio antennas. The public service antenna description did not include PCS. Van Zomeren brought attention to the conditions noted on pages 3 and 4 of the memo regarding setbacks and color compatibility. She indicated the language of the ordinance was reviewed with a consultant. Van Zomeren said drafts of the ordinance were faxed to interested panies. During public comments, Tom Alexander, attorney for Larkin, Hofifinan, and representing APT (American Portable Telecommunications), reported having attended the prior meeting and reiterated what he saw to be the issues. He is of the belief the ordinance would restrict instead of expand the Telecommunications Act. He said the removal of the conditional use prohibits towers from being built by placement of antennas only on the two existing water towers. Alexander believes the restriction is illegal under the Telecommunications Act. MINUTES OF THE ORONO PLANNING COMNDSSION MEETING HELD ON APRIL 21, 1997 (#1 - Telecommunications Ordinance - Continued) Alexander said the City could expect a challenge to their ordinance if the towers prove area inadequate due to structure capability, height, overcrowding, and coverage. This would result in the need for additional antenna sites to provide service. Alexander s^d he would provide the specific provisions in a follow-up comment letter. Lindquist later asked that this comment letter be sent in a timely manner. Alexander indicated another method could be to create incentives for the telecommurucation companies to use the water towers. He suggested the ^itranas be a permitted use wth administrative permission or subject to conditional use in differ^t districts (industrial, commercial, etc.) and performance standards instead of prohibiting them altogether. He noted the minimum height required is 75'. It costs $150,000 to $250,000 to construct a tower which the companies will avoid if locations for antennas can be found on e.xisting structures. Alexander informed Lindquist that co-location can occur if the newest provider conducts an interference analysis. He indicated the horizontal separation between antennas must be 20-25' Ke indicated his company prefers co-location whenever possible subject to a tease. He asked who the consultant was that assisted with the ordinance review. Van Zomeren reported the consultant was John Dubois. Van Zomeren reported that City Attorney Radio has indicated the ordinance is reasonable and provides for the City to be covered. He had noted that it is not clear what the FCC allows or disallows. Alexander argued that if the water towers are not suitable to the needs of the PCS, it would render the ordinance as prohibitive. Smith asked if the need for additional antenna locations from that allowed by the proposed ordinance currently exists or if the concern regards possible future needs. Alexander felt it affects the current condition and future. He noted the company is unaware of what sites will be used, but the restriction on the tower could possible place the service in jeopardy. Alexander said APT is currently in Phase I of implementation, and Orono is in Phase 2. He indicated the criteria that must be met includes 1) radio frequency, 2) coverage, 3) linkage with sites, i.e. leaseability, space availability, structural adequacy, and 4) land being buildable for antennas and towers. Lindquist noted that the law is ever-changing regarding this new technology. Alexander responded that the 1996 Telecommunications Act provides for the needs. Cities are told to act quickly, moratoriums are allowed, but must be timely, and the service cannot be prohibited. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 21, 1997 (#1 - Telecommunications Ordinance - Continued) Dave Hagen and Ron Gunderson were present representing Sprint PCS. Hagen asked that his agreement with Alexander's comments be on the record regarding the City'** \nolation of the Telecommunications Act. He said the ordinance w'ould have the effect of prohibiting antennas. Hagen indicated his company has an interest in locating on the City ’s water tower on Kelley Parkway. He is concerned with the present zoning of RR-IB. The water tower is not currently in the B-1 zoning as required by the ordinance. Without the proper zoning, Hagen said they could not locate their antenna on this water. Approval also requires administrative approval. Hagen said he feels the City will be challenged regarding their ordinance. Alexander also noted that if two antennas were on one tower and heavily used, two towers would be inadequate, and additional sites may be needed. He offered his assistance with drafting an ordinance and providing copies of other drafts. Lindquist indicated the City's needs are different from that of the PCS companies. Lindquist said he would like to see a response regarding the ordinance in writing from City Attorney Radio. Hawn questioned whether the 4-mile separation is adequate to provide the service. Hagen and Alexander indicated the possibility and noted the requirements necessary. Smith noted there are other water towers located in nearby communities that may service Orono as well. Hagen agreed. Alexander said they have not yet made that determination Hagen said he believes the residents of Orono want tWs service. Schroeder noted the City is attempting to accommodate the need for service. He indicated flexibility was important. Smith moved, Schroeder seconded, to table the ordinance to allow the City consultant to respond to the questions raised regarding provision of reasonable service and receipt of written review by the City Attorney. Vote: Ayes 7, Nays 0. ACTION ITEMS (#2) #2201 GEORGE ADA MS, JAMES FIEGER, S.T. ROBB, JR., 570,580,590 AND 600 BIG ISLAND - VACATION OR USE OF UNIMPROVED RIGHT-OF WAY - CONTINUATION OF PUBLIC HEARINC 7:30-7:47 P.M. The Applicants were present. 1 SENSIBLE LAND USE COALITION WIRELESS TELECOMMUNICATIONS FACILITIES April 30, 1997 1i JAMES J. THOMSON KENNEDY & GRAVEN 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 t f TELECOMMUNICATIONS ACT OF 1996 The following outline presents issues and applications of the Telecommunications Act of 1996. The following areas are covered; 1) Overview of the Telecommunications Act of 1996; 2) Moratorium issues; 3) Reponed cases since the enactment of the 1996 Act. I.Overview of the Telecommunications Act of 1996 A) Introduction The Telecommunications Act of 1996, Pub.L. 104-104, S.652, 104th Cong., 2nd Sess., Feb. 8, 1996, 110 Stat. 56 (codified at 47 U.S.C. § 151 et seo.T ("Act") amends and repeals portions of the 1934 Act. The purpose of the 1996 Act is; to promote competition and reduce regulation in order to secure lower prices and higher quality services for American telecommunications consumers and encourage the rapid deployment of new telecommunications technologies. The Act addresses seven main areas; Title I Telecommunication Services Title II Broadcast Services Title III Cable Services Title IV Regulatory Reform Title V Obscenity and Violence Title VI Effect on Other Laws Title VII Miscellaneous Provisions Two sections of the 1996 Act are particularly relevant to land use issues; 1)Title I, § 253 of the Act (codified at 47 U.S.C. § 253), which deals with removal of barriers to entry and management of public rights of way, and Title VII, § 704 of the Act (codified at 47 U.S.C. § 332), which deals with facilities siting and the preservation of local zoning authority. These two sections have been at the heart of the tension between municipal authority to regulate wireless communications and the right of wireless communications providers to conduct business under the Act. Salient portions of each Title of the Act are identified in the following outline.4 G) Title I - Telecominunicatioii Services Part II of Title I addresses Development of Competitive Markets. Sections of particular interest address Interconnectivity (§§ 251. 256), Removal of Barriers to Entry and proceedings thereunder (§§ 253, 257), Universal Service (§ 254). and Infrastructure Sharing (§ 259). Title II - Broadcast Services This section is less relevant to the land use aspects and applications of the Act. It addresses areas such as ownership § 202) and licensing (§§ 203, 204) of frequencies on the broadcast spectrum, direct broadca.ct satellite (§ 205), as well as broadcast spectrum fle.xibility (§§ 201, 336). Title III - Cable Services Title III addre.«!«es Cable Act reform (§ 301), cable services that are provided by telephone companies (§ 302), and video programming services provided by telephone companies (Part V of this title). Title IV - Regulatorv ’ Reform Regulatory reform under this title includes regulatory forbearance (§ 401), competition in provision of telecommunications services (§ 10), regulatory review and relief (§ 402) and reform (§ 11) as well as elimination of unnecessary regulations (§ 403). Title V - Obscenity and Violence This section addresses in Subtitle A, obscene, harassing, and wrongful utilization ..r telecommunications facilities. Title VI - Effect on Other Laws This section addresses applicability of consent decrees and other laws (§601) and issues relating to preemption of local ta.xation with respect to direct-to-homc services (§ 602). Title VII - Miscellaneous Provisions Pole attachments (§ 703) and Facilities Siting (§ 704) are among the topics covered by this Title. Section 7C4 is the portion of the Act that impacts the ability of local units of government to regulate wireless communication sci vices. Section 704(A) states that "e.xcept as provided in this paragraph, nothing in the Act shall limit or affect the authority of a State or local government ... over decisions regarding the placement, construction, and modifications of personal wireless service facilities.'* The restrictions that Section 704 places on local units of government are: I. 2. 3. 4. 5. Local regulations may not unreasonably discriminate among providers of functionally equivalent services. Local regulations may not prohibit or have the effect of prohibiting the provision of personal wireless services. Local units of government must act within a reasonable period of time on any request by a provider to place, construct, or modify a personal wireless service facility. A decision by a local unit of government to deny a request must be in writing anu supported by substantial evidence. A local regulation may not regulate the placement, construction, or modification of a facility based on the environmental effects of radio frequency emissions to the extent that such facilities comply with FCC regulations. II. Moratorium Issues Minnesota Statutes, Section 462.355, Subdivision 4 authorizes local units of government to adopt moratr-riums for up to one year, with the capability of an 18 month e.xtension. Sprint Spectrum v City of Medina . 924 F.Supp. 1036 (W.D. Wash. 1996) 1. 2. The court held that a six-month moratorium on the issuance of new special use permits for wireless communications facilities did not violate the 1996 provisions of the Act nor did it violate the Act’s 1993 provisions. In particular, the moratorium did not violate Section 704(a) because the moratorium was merely a "short-term suspension" giving the City an opportunity to "act caieKilly in a field with rapidly evolving technology." The moratorium also did not violate Section 704’s requirement that a city act on an application within a reasonable time. The court held that no rigid timetable was imposed on the City "where the circumstances call for study, deliberation, and decision-making among competing applicants." Generally accepted time frames used for zoning decisions were held to be sufficient so as to not afford preferential t.eatment to telecommunications applicants. 3.The moratorium also did not violate Section 704's requirement forbidding discrimination among telecommunications providers. New applicants are not discriminated against merely because existing telecommunications facilities are in place. With the dramatic changes in the law and the market, the City could not place the new applicants in the same position as the existing companies; the City had to simply treat each new applicant without discrimination. 4. III. Reported Cases Since the Telecommunications Act of 1996 BellSouth Mobility. Inc, v. Gwinnett County. 944 F.Supp. 923 (N.D.Ga. 1996) The court granted Bellsouth ’s request for a writ of mandamus compelling the County to grant its application to construct a 197-foot cellular telephone communications monopcic The County ’s denial of Bellsouth ’s application for a "tall structure permit" was not supported by substantial evidence in a written record as required by Section 704. On the contrary, the evidence substantially supported issuing the permit. The "substantial evidence contained in a wxitten record" requirement of the Act is the traditional standard used for judicial review of agency actions. Evidence supporting the issuance of the permit included: . 'I 1.showing that the monopole posed no hazard to navigable airspace, including no objections from the local airport authority and transportation author! t\'; recommendations from the county planning and development department that the permit be approved subject to three conditions that BellSouth agreed to follow (BellSouth further offered to follow additional, self- imposed restrictions); 3.evidence that property values had not decreased in the past in similar situations; and 4. radio frequency emissions would be well within federal regulations. Contrar>' evidence deemed insufficient included unsupported testimony by an ovsTier of neighboring property expressing concern about 1) the potential safety threat to children who might try to climb on the pole or facility; 2) the potential that parts of the structure could become dislodged in strong winds and damage property; 3) exposure to microwave emissions on a regular basis; 4) the aesthetically unpleasing nature of the facility; 5) property value dimin»i'i jii; and 6) potential for more companies using the site. Westel Milwaukee Co. v. Walworth County. 556 N.W.2d 107 (Wis. Ct. App. 1996) In reviewing Walworth County’s denial of Westel’s application to build a 200-foot telecommunications tower, the court ruled that the 1996 Act applied and remanded to the district court for a determination pursuant to the Act. Relying on Spring Spectrum v. Citv of Medina, the court held that, aside from the five requirements of Section 704, the Act did not interfere with the process used in local zoning decisions. Sprint Spectrum v. Town of West Seneca. 1997 N.Y. Misc. LEXIS 43 (Sup. Ct. N.Y. 1997) The town adopted a 90-day moratorium, but apparently did not adopt any permanent regulations. The town also failed to act on numerous applications that were pending when the moratorium was adopted. The court held that the town’s failure to act on the applications was a violation of Section 704’s requirements to act in a reasonable time period. Western PCS II Corn, v. Extraterritorial Zoning Authority. WL 85741 (D.N.M.) The court concluded that the Commission’s decision to deny an application to place an antenna on a county water tower violated Section 704. A preliminary review committee had granted the request with conditions relating to height limitations, graffiti removal, and construction of a retention pond. The Commission was concerned that the County’s property interest in the site only consisted of an easement "for utility purposes and fire protection." The Commission denied the request for that reason and because no residents testified that they wanted the services that the tower was to provide. The court concluded that the Commission’s decision violated Section 704 because: The Commission did not make a written decision, and the preparation of a transcript after the appeal was not sufficient to meet this requirement; The lack of public support for the facility was not substantial evidence to support a denial; The denial unreasonably discriminated among providers of functionally equivalent services, because two other analog cellular providers already served the same freeway corridor that the applicant wanted to serve; and The denial had the effect of prohioiting the provision of personal wireless services. IV. Useful Reading Implementine the New Telecommunications Law: A Countv and Local Officials Guide to the Telecommunications Act of 1996. American Planning Association. National Association of Counties, American Public Works Association. B) The Telecommunications Act of 1996: What It Means to Local Governments. National League of Cities C) Fact Sheet #1. National Wireless Facilities Siting Policies. April 23. 1996. Federal Communications Commission, Wireless Telecommunications Bureau D) Fact Sheet #2. National Wireless Facilities Siting Policies. September 17, 1996, Federal Communications Commission, Wireless Telecommunications Bureau Preparing Zoning Regulations for Personal Wireless Services Communications Facility. Barbara A. Adams, 1997 Mid-Year Seminar, Institute of Municipal Law Officers Advising Local Zoning .Authorities About Siting Personal Wireless Telecommunication Facilities After the Telecommunications Act of 1996. Julia M.C. Friedlander, 1997 Mid-Year Seminar, Institute of Municipal Law Officers, April 1997 .1 -1 I m- t ■:>>>•' ,♦ .. . 'Vi:'_. :r A+toch ivien+r Cofi tfspond-enco QI-ffN CiJ^J ^+lorM;«'■ .. .i .-u • r •>>' •"... #• ii* r' ■'i •; ■<• ^»v GlTYof ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay. MN 55323-0066 Tom Radio Popham Haik 3300 Piper Jaffray Tower 222 Ninth Street >outh Minneapolis, Minnesota 55402 Dear Tom: I have enclosed a copy of the city’s proposed telecommunications ordinance along with a cover memo that provides background regarding the ordinance, and a policy regarding the use of city facilities for telecommunications antennas. The city's general position regarding personal communications service (PCS) antennas is that they will only be allowed on city structures (water towers) and that they will be prohibited from all other locations. The PCS vendors have indicated the two water towers will not be adequate to meet llie need for antennas, particularly if four or six or eight vendors get into the business, each wanting a set of antennas. The city’s water towers can accommodate two to three sets of PCS antennas. The Planning Commission continued action on the ordinance in order to enable the City Attorney to review the ordinance and provide an opinion on several issues related to the ordinance. These issues are as follows: 1. 2. 3. Can the city prohibit privately constructed telecommunications towers in the city by requiring all antennas to be placed on city owned structures. Is the city required to accommodate the antenna needs of an unlimited number of vendors (six to eight versus two to three different vendors). As indicated above, the city's water towers can accommodate two to three sets of PCS antennas. If we need to accommodate more vendors we will need to provide additional towers in the city. Can the city prohibit antennas and towers from its rural residential area even if this would require the vendors to go outside of Orono to provide coverage to a small area of Orono. Telephone (612) 473-7357 • FAX 473-0510 f. 1 4. in general, does the proposed ordinance appear to be defensible and within federal requirements? Please provide responses to these questions by Wednesday, May 7. If you have any questions please call me. Thanks for your help. Sincerely, ■A Ronald J. Moorse City Administrator Enclosure 1 FROM POPHAM KAIK ET AL ITHU) 5. 15’97 9:30/3T. 9:29 NO. S7600S6999 P 2 PoPHAM HAIK • • • • • 6CMM09RfCH * KAUrMAtsI, L. . OCNwc* coue«A»o Tr* t f<v> MIAMI. rtOAiOA Tec 90S-530.00S9 AV TOWXd, SuiTC 222 South N inth Street MINNEAPOLIS..Minnesota 55402-333a tel a I 2-535-«iaoO • KAX 012*994-0000 ‘••Ncrafi. o c. iHTimHMTiOHAL C»f«A Titw 01 lSSl-9i»ssei Thomas J. Radio , Esq. DIRECT DIAL (612) 334-26S3 Imtbrmet E-Mail : Raoio T2Popham .com May 15, 1997 Ron Moorse, City Administrator Municipal Offices P.O. Box 66 Crystal. MN 55323-0066 VIA FACSIMILE AND U.S. MAH. Ret Proposed Telecommunications Ordinance Our File No.: 3643-001 Dear Ron: You have asked me to respond to questions raised by the Planning Commission in Ihcir consideration of the City’s proposed telecommunications ordinance. This letter will set out my preliminary an.swers to those questions. Question 1: Can the city prc'. lbit privately constructed telecommunications towers in the city by requiring all antennas lo be placed on city owned structures? Answer:Yes, but only if the city, by such an action, does not restrict provision of telecommunication services. The Telecommunications Act of 1996 provides that a city may not prohibit provision of telecommunication services. However, it does not prohibit all reasonable regulation by the city. If reasonable service can be provided by requiring all antennas be placed on city owned structures, then the city may prohibit privately constructed telecommunication towers. . 0S7/UI35450 5/15)97 t . . .. - FROM m\m HAIK ET AL (THU) 5.15*97 9:50/21 9:29,m 5760056999 F Ron Moorse, City Administrator May 15. 1997 Page 2 The legislation protects from fcdcr»U intrusion any local zoning deoisioii concerning wireless facilities, so long as municipal zoning decisions do not unreasonably discriminate among providers of functionally equivalent services or preclude cellular service from a community. All challenges to municipal zoning decisions, except for those dealing with the environmental effects of radio frequency emissions, would have to be appealed to the courts, rather than the FCC. As a result, the FCC is prohibited from preempting local decisions regarding zoning. Question 2: Is the city required to accommodate the antenna needs of an unlimited number of vendors (six to eight versus two to three different vendors)? Answer: Probably. The Telecommunications Act does not allow the city to limit the number of providers within the city and it must reasonably accommodate all requests. However, it is likely that market forces will limiied the number of providers that seek transmission sites. Question 3: Can the city prohibit antennas and towers from its niral residential area even if this would require the vendors to go outside of Orono to provide coverage to a small area of Orono? Answer:Probably. Again, the city may reasonably restrict tower siructure.s a.s long as it does not prohibit the provision of services. Since the construction of these systems involves a great deal of planning, it is likely that the providers can anticipate and adapt to this type of regulation by the city. Question 4; In general, docs the proposed ordinance appear to be defensible and within federal requirements? Answer:Yes. There arc no reported decisions dealing with this new law and there is no clear direction on these difficult decisions. The stated guideline is reasonableness, which the courts will have to define more Specifically. The proposed ordinance on its face appears to be reasonable. 057/14135450 5/lS'97 FROM POFHAM HAIR ET AL (THO) 5. 15'97 9:30/3T. 9;29/K0. 5760036999 P 4 Ron Moorse, City Administrator May 15. 1997 Page 3 I will conlinuft to monitor developments in this area and will advise the City of any problems that arise with enforcing the new ordinance. If you, the Planning Commission, or the City Council have any other questions or concerns, please let me know and I will addrc.s.s them. Very truly yours, Thomas J. Radio TJR/jbm 057/14135i50 S/15/97 ^ « 4 ' 5rr v: ^ «• -y •A ■:v•%' * •'rfv/•r- W.r; #■ • - my *• y *.• OhJ .• *• .•4 >4. * *• >*Y. > -• ✓ Atw ch!vnevi+s »« 4v: . ^ f ■i 4?- f' CiTv/ POUCi/ PBejlOUS MEMOS I d* ts 2-U-11 *i-»!-<!■> . f V »* r..% *' ;• r ^ , ■• • #. • ^• •« .■ ••>w .. .* «4 • A % 1 >: \ C V-.' f •* * ■ } ^ V --v: ♦ <t"^i 1* • *"Si '?r *• •.*y-:.Ay -iV! ■«' > •», * r>:* ‘ ft •‘s: * 4 * * j •4 * :X ^•r *•.' ^ I • • 1 \... •f*! ..f. # ' •'f ‘•1 ’A.*tJ^r . V-.*. J^ * •: ^ : ■>i ■ •.-'Jf • ‘X- •*t*1t'« f‘l■jU . ■U..V- .. .1 . .JL. CITY OF ORONO POLICY STATEMENT REGARDING WIRELESS TELECOMMUNICATION ANTENNAS AND TOWERS This policy is established as a guide to City staff in preparing zoning and other regulatory ordinances concerning wireless telecommunication antennas and towers, and in responding to requests for the location of such antennas and towers within the City of Orono. The majority of the City of Orono is developed or planned for development as rural residential. This type of land use allows maximum distance between telecommunication antennas for the provision of wireless telecommunication services. The two exceptions to this are the Navarre and Highway 12 commercial areas. Orono also surrounds the City of Long Lake which currently provides a tower for wireless telecommunications antennas adjacent to the Highway 12 commercial area. Orono is also adjacent to several cities who plan to allow PCS antennas in close proximity to Orono and, in particular, the Navarre commercial area. These cities include Spring Park, Wayzata and Tonka Bay. Orono's rural residential development, and proximity to cities providing antennas for wireless telecommunications services, appears to enable the provision of wireless telecommunication service throughout Orono without the need for telecommunication antennas in Orono. Therefore, Orono's wireless telecommunications tower and antenna policy is that no towers or antennas will be allowed unless it can be shown that, even with the antennas in adjacent cities, Orono would be prohibiting the provision of telecommunication services to a portion of the City in the absence of an antenna in Orono. This must be shown through a technical analysis which indicates specific parameters within which an antenna is needed, so that the City can determine the best location for the antenna within the identified parameters. Article I: Regulation Under City Police Power. City actions taken with regard to telecommunication activities must comply with a number of Federal parameters established by the Telecommunications Act of 1996. For example, local actions must foster rather than discourage competition, thus the City will not discriminate against one or a group of providers in favor of another group of providers or potential providers. Under the same act, local actions which result in a prohibition on provision of telecommunication services are invalid. Thus staff is directed to address the provision of lawlul wireless telecommunication services with the following local objectives in mind: A. Minimize the number of wireless telecommunication antennas and towers based on the availability of antennas and towers in adjacent jurisdictions w’hich enable the provision of telecommunication services both in those jurisdictions and throughout Orono. B. If telecommunications antennas are required, minimize the number of towers through co-location requirements. I C. If a tower is required, ensure the new tower will be safe and blend into its environment. D. If a tower is required, ensure the tower and antennas are placed in suitable locations. E. Article 11 Ensure that zoning ordinances and other municipal police power regulations are defensible in light of Federal and State laws with special attention paid to the new Federal requirements. Policy Regarding Use of City-Owned Land for Wireless Telecommunication Antennas and Towers. 1.Introduction. In the event Orono is required to provide for telecommunication antennas in the City, the first priority is to locate the antennas on an e.xisting tower on City-owned property. Because this may result in requests from wireless telecommunication providers to place wireless telecommunication antennas on Citv-owned property, the Orono City Council has determined that a uniform policy for reviewing these requests is desirable. 2.Priority of Users Priority for the use of City-owned property for wireless telecommunication antennas will be given to the following entities in descending order: A. City of Orono; B. Public safety agencies, including law' enforcement, fire, and ambulance seY\ices, w hich are not part of the City of Orono and private entities with a public safety agreement with the City of Orono; C. Other governmental agencies, for uses which are not related to public safety; and D. Entities providing licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public. 3. Minimum Requirements The placement of wireless telecommunication antennas on City-owned property must comply with the following requirements. A. The antennas will not interfere with the purpose for which the City-owned property is intended; B. C. D. E. F. G. The antennas will have no adverse impact on surrounding private property; The applicant is willing to obtain adequate liability insurance and commit to a lease agreement which includes equitable compensation for the use of public property and other necersary provisions and safeguards. The fees shall be established by the City Council after considering comparable rates in other cities, potential expenses, risks to the City, and other appropriate factors; The applicant will submit a letter of credit, performance bond, or other security acceptable to the City to cover the costs of antenna removal; The antennas will not interfere with other users who have a higher priority as discussed in Section 2; Upon reasonable notice, the antennas may be required to be removed at the user's expense. The applicant must reimburse the City for any costs which it incurs because of the presence of the applicant's antennas. H. The user must obtain all necessary' land use approvals. 1.1 he applicant will cooperate with the City's objective io promote co-locations and thus limit the number of separate antenna sites requested. 4. Special Requirements % The use of certain City-owned property, such as water tower sites, foi v'ireless telecommunication antennas brings with it special concerns due to the unique nature of these sites. The placement of wireless telecommunication antennas on these special City-owned sites will be allowed only when the following additional requirements are met. A.Water Tower Sites - The City's water towers represent a large public investment in w'ater pressure stabilization and peak capacity reserves. Protection of the equality of the City's water supply is of prime importance to the City. As access to the City's water storage systems increases, so too increased the potential for contamination of the public water supply. For these reasons, the placement of wireless telecommunication antennas on water tower sites will be allowed only when the City is fully satisfied that the following required are met. 1.The applicant's access to the facility will not increase the risks of contamination to the City's w'ater supply; 2. 3. There is sufficient room on the structure and/or on the grounds to accommodate the applicant's facility; The presence of the facility will not increase the water tower maintenance cost to the City; and 4. The presence c-f the facility will not be harmful to the health of workers maintaining th : water tower. 5. Application Process All applicants who wish to locate a wireless telecommunication antenna on City-owned property must submit to the City Administrator a completed application and detailed plan that complies with the submittal requirements of the Zoning Ordinance along with other pertinent information requested by the City. 6.Termination The City Council may terminate any lease if it determines that any one of the following conditions exist: A. A potential user with a higher priority cannot find another adequate location and the potential use would be incompatible with the existing use; B. A user's frequency broadcast unreasonably interferes with other users of higher priority, regardless of whether or not this interference was adequately predicted in the technical analysis; or, C.A user violates any of the standards in this policy or the conditions attached to the City's permission. Before taking action, the City will provide notice to the user of the intended termination and the reasons for it, and provide an opportunity for the user to address the City Council regarding the proposed action. TTiis procedure need not be followed in emergency situations. 7. Reser\'ation of Right Notwithstanding the above, the City Council reserves the right to deny, for any reasons, the use of any or all City-owned property by any one or all applicants. 8. Effective Date This policy shall be effective from and after its adoption by the City Council. Adopted by Resolution Number: At the Orono City Council Meeting of: TO: FROM: DATE: Mayor and City Council Ron Moorse, City Administrator October 28, 1996 SUBJECT: Telecommunications Tower and Antenna Policy and Ordinance Background on Personal Communications Services (PCS) and the Need for a Municipal Telecommunications Policy and Ordinance The Federal Communications Commission has awarded two licenses for wireless digital personal communications services (PCS) for the north central region of the US including Minnesota. PCS digital communications services are expected to enhance and compete with current cellular analog phone services. PCS will enable individuals and businesses to use secure, accurate over the air paging, voice, FAX, video and data transmission with the advantage of a single phone number available at any location to which the transmission is sent. Receiving and transmitting the PCS signals will require an extensive infrastructure with many more sites required for PCS antennas, towers, and smaller repeaters to provide the flexibility and universality of service necessary for PCS to be fully operational in this area. Many more sites will be required for PCS equipment than the type and number of towers required for cellular communications. Because of this, cities need to be prepared to consider local land use, zoning, lease agreements and other site related considerations to enable them to respond to requests for PCS tower and antenna sites. Extent of Municipal Control The Federal Telecommunications Act originally included language that would have overridden municipal control over telecommunications towers. This language was removed shortly before passage of the Act. However, the Act does place three important limitations on local governments. 1. Cities may not "unreasonably discriminate among providers of functionally equivalent services." Cities may not "prohibit or have the effect of prohibiting the provision of personal wireless services." Cities may not regulate personal wireless services "on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the FCC’s regulations concerning such emissions." 2. 3. The key limitation in terms of limiting the city ’s control over telecommunications towers and antennas is the requirement that cities may not prohibit or have the effect of prohibiting the 1 Telecommunications Tower and Antenna Policy and Ordinance Continued provision of personal wireless services. From a practical standpoint, what this limitation addresses is the city’s ability to limit the ability of PCS providers to install antennas needed to provide the infrastructure (or network of antennas) required for PCS to operate throughout the city. Because of Orono ’s large land area, it does not appear possible to totally prohibit PCS antennas from the city. However, it may be possible to accommodate the PCS antenna needs without the necessity of allowing the construction of additional towers. This would involve requiring PCS providers to use existing structures as locations for their antennas. The two most obvious existing structures that could be used as locations for antennas are the two city water towers. In less densely populated areas, the distance between PCS antennas can be 2 to 4 miles. The distance between the city’s two water towers is 4 miles. It appears that these two locations could be adequate to meet the city’s PCS antenna needs/requirements. Current City Ordinance The current city ordinance allows telecommunications towers or antenna structures in two zoning districts--the industrial zone and the B-1 zone. The city’s industrial zone is located on the south side of Highway 12 between Old Crystal Bay Road and the Long Lake border. The Industrial Zone ordinance requires that a telecommunications tower/antenna can only be allowed if it is accessory to a principal use. It also limits the height to a maximum of 65 feet. The B-1 zoning district allows an antenna structure as a conditional use. The city’s B-1 zoned property is located in the Navarre area. Under the city’s current ordinance it would be possible for new telecommunications towers to be constructed in both the Highway 12 area and the Navarre area. % U.se of City Water Towers vs. Additional Communications Tower Sites In considering potential changes to the city’s zoning code, the city needs to determine whether there are any acceptable locations in the city for additional telecommunications towers. As an alternative, it may be possible for the city to prohibit new towers from all locations in the city if existing antenna locations would be sufficient to provide the PCS network required. The most likely way for this to work is if the city made its two water towers available for PCS antennas. Another key to limiting the number of towers in the city is to require co-location on the towers that are allowed to be used. This means that the towers must accommodate the antennas of multiple vendors. This eliminates the need to provide a separate tower for each separate vendor. The advantages of limiting antenna locations to the city’s two water towers are that it could enable the city to prohibit all other towers from being located in the city, and it would provide a substantial revenue source to the city from lease arrangements for the antennas. The disadvantage is that locating the antennas on the towers would change the appearance of the towers. REQUEST FOR COUNCIL ACTION %vc,,A'-'. ‘‘-<r DATE: N^ypber 7, ■{'9§6 ITEM NO: /// "•- Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: Administrator ’s Report Item Description: Telecommunications Tower and Antenna Regulation In response to requirements placed on cities by the Federal Telecommunications Act regarding telecommunications towers and antennas, the city placed a moratorium on the construction and installation of new telecommunications towers and antennas in the city. The moratorium, which expires on December 24, 1996, is to provide the city with an opportunity to determine how best to respond to proposals regarding telecommunication towers and antennas within the requirements set out by the Telecommunications Act; and to make any changes needed to the city’s current ordinances relating to telecommunications towers and antennas. The key requirement of the telecommunications act is that cities may not prohibit or have the effect of prohibiting the provision of personal wireless services. From a practical standpoint, what this means is that cities can not prohibit towers and antennas from being constructed within their city boundaries if this prohibition would make it impossible for telecommunications vendors to provide wireless service to customers within the cities. The provision of wireless services depends on the installation of a network of antennas'to create a continuous coverage area. These antennas need to be located as close together as one-quarter mile if they are located on lower towers (80 feet in height) and in densely populated areas. They can be separated by as much as 4 miles if located on higher towers (120 feet in height) and in low density areas. Although Orono has a large land area, it would be possible for wireless service providers to complete a network of antennas serving the majority of the Orono area without the necessity of locating antennas in the city of Orono. If antennas were placed in surrounding cities that are more densely populated and have substantial commercial uses, Orono could be almost completely covered by the network. The only area that appears to be outside of the coverage area would be the west central part of the city. Current City Regulations The current city regulations allow telecommunications towers or antenna structures in two zoning districts-the industrial zone and B-1 zone. The city’s industrial zone is located on the south side of Highway 12 between Old Crystal Bay Road and the Long Lake border. The industrial zone ordinance requires that a telecommunications tower/antenna can only be allowed if it is accessory to a principle use. It also limits the height to a maximum of 65 feet. The B-1 zoning district allows an antenna structure as a conditional use. The city’s B-1 zoned property is located in the Navarre area. Request for Council Action Continued Page 2 of 3 November 7, 1996 Telecommunications Tower and Antenna Regulation Use of City Water Towers as Antenna Sites In considering locations and impacts of new antennas the use of the city’s water towers as antenna sites would have the least new visual impact since the towers are already in existence. Alternatives There are number of potential alternatives for the city’s regulation of telecommunications towers and antennas. Four of these are as follows: 1. Prohibit all telecommunications towers and antennas from the city. 2.Prohibit all telecommunications towers and antennas except those allowed in the industrial and B-1 zones. 3.Prohibit all telecommunications towers and antennas from all locations except on one or both of the city’s water towers. 4.Prohibit all telecommunications towers and antennas from all locations except as currently allowed in the industrial and B-1 zones and on one or both of the city’s water lowers. Discussion of Alternatives It is not fully clear whether the city could legally prohibit all telecommunication towers and antennas for personal communications service in Orono. Although there are concerns regarding the appearance of antennas located on the city’s water towers, there are significant financial benefits available to the city through the leasing of space on the water towers. The minimum lease amount for a set of three antennas is $12,000 per vear. Each *:ower could accommodate at least three sets of antennas serving three different vendors. The purpose of the city’s current ordinances allowing towers and antennas in the B-1 and industrial zones was to meet the needs of specific businesses operating in those zones versus to meet the desires of telecommurricalions vendors. If the Council determmes that the businesses in the industrial and B-1 zones should continue to have the ability to install telecommunications lowers and antennas, the city should ensure it has the right to continue to define those tower and antenna uses very narrowly so that it does not include towers and antennas for use by telecommunications vendors. Request for Council Action Continued page 3 November 7, 1996 Telecommunications Tower and Antenna Regulation The city may want to prohibit towers and antennas for some initial period to enable the various vendors to sort themselves out in the market place, and to provide time for technology to solve the tower and antenna problem by increasing the range of antennas and reducing the size and improving the appearance of antennas. COUNCIL ACTION REQUESTED Motion to provide direction regarding the city’s regulation of telecommunications towers and antennas so thtit staff can draft new regulations. m kjv\^\ TO: FROM: DATE: Planning Commission Ron Moorse, City Administrator February 12, 1997 SUBJECT; Ordinance Amendment Related to Telecommunications Towers and Antennas Background on Personal Communications Services and the Need to Consider Zoning Chang es The Federal Communications Commission has awarded two licenses for wireless digital personal communications ser\'ices (PCS) for the north-central region of the U.S., including Minnesota. PCS digital communications services are expected to enhance and compete with current cellular analog phone services. PCS will enable individuals and businesses to use secure accurate over-the-air paging, voice, FAX, video and data transmission with the advantage of a single phone number available at any location to which the transmission is sent. Receiving and transmitting the PCS signals will require an extensive infrasUncture with many more sites required for PCS antennas, towers, and smaller repeaters to provide the flexibility and universality of service necessary for PCS to be fully operational in the metro area. Many more sites will be required for PCS equipment than the type and number of towers required for cellular communications. Because of this, cities need to be prepared to consider local land use and zoning regulations to prepare them to respond to requests for PCS tower and antenna sites. Preventing Proliferation of Towers and Antennas Although in the more densely populated areas PCS antennas may be required every' 1/4 mile, in less densely populated areas, the distance betw'een PCS antennas can be 2 to 4 miles. This enables the city of Orono to substantially limit the proliferation of PCS antennas while enabling PCS service to be provided throughout the city. It may be possible for PCS service to be provided throughout the city without any additional antennas located within Orono. If this is not possible, it may be possible for the city to prohibit any new towers if the city were to make one or both of its water towers available for P^^'^ anteruias. If this plan is followed it is not nec ssary' for tow ers or antennas to be located in the city's industrial or business zones. Current City Zoning Regulations The current regulations allow telecommunications towers or antenna structures in three zoning districtS"the industrial zone and the Bland B 3 zones. The city's industrial zone is located on the south side of Highway 12 between Old Cry stal Road and the Long Lake border. The city's B1 and B 3 zoned property is located in the Navarre area. Under the city's current ordinance it would be possible for new telecommunications towers to be constructed in both the Highway 12 area and the Navarre area. Because additional PCS towers are not needed in either the Highway 12 area or the Navarre area, the city's regulations concerning the industrial, B1 and B3 zones are proposed to be amended to prohibit telecommunications tow ’ers and antenna structures. This will prevent the proliferation of towers and antenna structures in those two areas. ORDINANCE NO., SECOND SERIES AN ORDINANCE AMENDING SECTIONS 10.40 AND 10.50 OF THE ORONO ZONING CODE BY DELETING "ANTENNA STRUCTURE" AS A CONDITIONAL USE IN THE B-1 RETAIL SALES BUSINESS DISTRICT AND THE I INDUSTRIAL DISTRICT The City Council of Orono ordains as follows: Section 1. Municipal Zoning Code Section 10.40, Subdivision 4 (I) is hereby amended by deleting the following use to the list of conditional uses in the B-1 Retail Sales Business District: " I. Antenna Structure. One independent antenna structure, with antenna or combination of antenna attached thereto, subordinate to and servicing the principal use or structure on the same lot and customarily incidental thereto that is not attached to another structure provided the height of the antenna structure does not exceed 65 feet and the antenna structure is set back from any lot line a distance at least equal to the total height of the antenna structure.” Section. 2. Municipal Zoning Code Section 10.50, Subdivision 3 (B) is hereby amended by deleting the following use to the list of conditional uses in the I Industrial District: ”B. Antenna Structure. One independent antenna structure, with antenna or combination of antenna attached thereto, subordinate to and servicing the principal use or structure on the same lot and customarily incidental thereto that is not attached to another structure provided the height of the antenna structure does not exceed 65 feet and the anterma structure is set back from any lot line a distance at least equal to the total height of the antenna structure. Adopted by the City Council of Orono, Minnesota on this 24th day of February, 1997 by a vote of___ayes and____nays. ATTEST: Dorothy M. Hallin, City Clerk J. Diann Goetten, Acting Mayor TO: FROM: DATE: Planning Commission Members Ron Moorsc, City Administrator April 17, 1997 SUBJECT: Ordinance Amending the Orono Zoning Code by Establishing Regulations for the Construction and Placement of Telecommunications Towers and Antennas Attachments: A. Proposed Ordinance B. Policy regarding use of city>owned property for wireless telecommunication antennas New telecommunications technology, particularly personal communications services (PCS) require substantially more antennas to provide coverage to service areas. PCS vendors are requesting additional antenna and tower sites in cities. In order to protect the city's interests while responding adequately and within federal requirement to these requests, it is necessary to revise the current city zoning regulations related to telecommunications towers and antennas. The first step in this process was to develop an overall policy regarding telecommunications towers and antennas in the city as a guide to amending the ordinance. The overall policy adopted by the city council is that Orono will limit the proliferation of telecommunication towers and antennas by allowing PCS antennas to locate only on the two city water towers. The city will prohibit the construction of any new PCS towers in the city. The greatest neet for PCS antennas is in areas of denser concentrations of population and along busy highway corridors. The two areas in Orono that meet these criteria are the Highway 12 area and the Navarre area. These are also the locations of the city’s two water towers. The remainder of the city is low density residential. The city's policy is that no PCS towers or antennas be allowed in residential areas other than on the two city water towers. After developing the overall city policy regarding telecommunications antennas and towers, the next step was to translate the policy into specific regulations through an ordinance amendment. Staff developed an initial ordinance amendment, which w'as reviewed by the Planning Commission, to eliminate telecommunications towers and antennas from the city’s business and industrial zones. The city council review'ed the ordinance and directed staff to redraft the ordinance to provide more specific definitions of the various types of antennas, to allow PCS antennas only on the city's water towers, and to prohibit antennas and towers from the business and industrial zones. The attached ordinance has been drafted to reflect council's direction. The proposed ordinance amendment was designed to update the city’s current regulations regarding antennas; and to accommodate the growth of wireless communications systems within the city of 1 Orono while protecting the public against adverse impacts of unnecessary proliferation of wireless communication towers and antennas. The key elements of the ordinance are as follows: 1. 2. 3. 4. 5. 6. 7. 8. Added deftnitions of various types of antennas which enables specific regulations for specific types of antennas. Added the term "secondary use" to define the way in which the PCS antennas relate to the city’s water towers. Added language to the code section regarding public service structures to indicate that PCS towers and antennas are not to be considered public service structures. This language is needed because public service structures are allowed as conditional uses in the city's residential zones. Added a section on communication reception/transmission devices which provides regulations for residential types of accessory antennas such as satellite dishes. This section also includes regulations specific to amateur short-wave radio antennas and towers. Added a section on personal wireless service antennas and towers indicating personal wireless service antennas may be allowed as a secondary use on a municipal structure (water tower) subject to a set of conditions that are listed in the ordinance. Added a section which eliminates antenna structures from the B-1 retail sales district. Added a section which eliminates antenna structures as a conditional use in the industrial district. Deleted all current references to antenna structures in residential zones (to be replaced by the proposed new language in the ordinance amendment.) Policy Regarding Use of Citv-Owned Property for Wireless Telecommunication Antennas. 1.Introduction. In the event Orono is required to provide for telecommunication antennas in the City, the first priority is to locate the antennas on an existing tower on City-owned property. Because this may result in requests from wireless telecommunication providers to place wireless telecommunication antennas on City-owned property, the Orono City Council has determined that a uniform policy for reviewing these requests is desirable. 2. Priority of Users Priority for the use of City-owned property for wireless telecommunication antennas will be given to the following entities in descending order: A. City of Orono; B.Public safety agencies, including law enforcement, fire, and ambulance services, which are not part of the City of Orono and private entities with a public safety agreement with the City of Orono; C. D. Other governmental agencies, for uses which are not related to public safety; and Entities providing licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public. 3. Minimum Requirements The placement of wireless telecommunication antennas on City-owned property must comply with the following requirements. A. The antennas will not interfere with the purpose for which the City-owned property is intended; B. C. The antennas will have no adverse impact on surrounding private property; Tlie applicant is willing to obtain adequate liability insurance and commit to a lease agreement which includes equitable compensation for the use of public property and other necessary provisions and safeguards. The fees shall be established by the City Council after considering compai’able rates in other cities, potential expenses, risks to the City, and other appropriate factors; D.The applicant will submit a letter of credit, performance bond, or other security acceptable to the City to cover the costs of antenna removal; 1 4 Policy Regarding Use of Citv-Owned Property for "Wireless Telecommunication Antennas. Continued E. The antennas will not interfere with other users who have a higher priority as discussed in Section 2; F.Upon reasonable notice, the antennas may be required to be removed at the user’s expense. G.The applicant must reimburse the City for any costs which it incurs because of the presence of the applicant's antennas. H. The user must obtain all necessary land use approvals. I.The applicant will cooperate with the City’s objective to promote co-locations and thus limit the number of separate antenna sites requested. 4. Special Requirements The use of certain City-owned property, such as water tower sites, for wireless telecommunication antennas brings with it special concerns due to the unique nature of these sites. The placement of wireless telecommunication antennas on these special City-owned sites will be allowed only when the following additional requirements are met. A.Water Tower Sites - The City’s water towers represent a large public investment in water pressure stabilization and peak capacity reserves. Protection of the equality of the City’s water supply is of prime importance to the City. As access to the City’s water storage systems increases, so too increased the potential for contamination of the public water supply. For these reasons, the placement of wireless telecommunication antennas on water tower sites will be allowed only when the City is fully satisfied that the following required are met. 1.The applicant ’s access to the facility will not increase the risks of contamination to the City’s water supply; 2.There is sufficient room on the structure and/or on the grounds to accommodate the applicant ’s facility; 3.The presence of the facility will not increase the water tower maintenance cost to the City; and 4.The presence of the facility will not be harmfi.il to the health of workers maintaining the water tower. 1 , \ Policy Regarding Use of Citv-Owned Property for Wireless Telecommunication Antennas. Continued 5. Application Process All applicants who wish to locate a wireless telecommunication antenna on City-owned property must submit to the City Administrator a completed application and detailed plan that complies with the submittal requirements of the Zoning Ordinance along with other pertinent information requested by the City. 6.Termination The City Council may tenninate any lease if it determines that any one of the following conditions exist: A. A potential user with a higher priority cannot find another adequate location and the potential use would be incompatible with the existing use; B. A user’s frequency broadcast unreasonably interferes with other users of higher priority, regardless of whether or not this interference was adequately predicted in the technical analysis; or, C. A user violates any of the standards in this policy or the conditions attached to the City's permission. Before taking action, the City will provide notice to the user of the intended termination and the reasons for it, and provide an opportunity for the user to address the City Council regarding the proposed action. This procedure need not be followed in emergency situations. 7. Reservation of Right Notwithstanding the above, the City Council reserves the right to deny, for any reasons, the use of any or all City-owned property by any one or all applicants. 8.Effective Date This policy shall be effective from and after its adoption by the City Council. Adopted at the Orono City Council Meeting of: w 1 'ir t , -r.. z' kn+tachmek^T lAd,us4K| Co)Y^)^<t/vfs 3- »• <n AP17 loK ^cyaKxi’ir 3‘H'QO - APt/Tom . H *" ^r/ Tom ^ICjiond^ > • •>. • • ' I ^ k ■r- ,a*r- •V.<j ■''X ; V •%. •\‘* -.^ i '4i;- ■yVV Ti'; ’ . \t « FROM LPRKiri HOFFNPM 17TH FL 04.24.1^97 09*13 P. 2 OCfUlUM fftflUlli JMaC. CRICKiOrJ f^OWAMD 4 OrtiKOlL o€mC n ruisn jsfi«ir» rauw it rfiAfri imifCT cJtA/iirai uonrit o«»if»goic«^ MtltH lllOMAt p. ITOUMAIJ mcaman X)Ni tMcn/rwMi f»iouAi; rvTrti J^QP fAAfI 10001 rncowAM JOV«D UIHUCA^tT MVICNOIAN* JOiWA tUflFfl* KAfiar fA nuii^Mi ri rAULfi nuNKj.n A4AHI KIDC^ M1ICCIN U IHCOTIC »C^4AN ulomi (XMA014 ^j»COC<irc. OWItA VAWaCvf • UAfMli I tlGMMXt f aiolllv / McMAflUl IMOIflYi »«AMI Al/MM. AM««ICN C^PIAi.fMlAOH MIQM.I W iCIiCV RONNt KncPi ifAf«rNCP«.|i|»igr tiMA OAA/ cy/TT A nctoTKi ^.•0 % i\ »\ * »n f • iVi/kl^i 4^/%L. I w A«r I IN i./SJ IN ATTORNEYS AT LAW ^ IN I A^ I ly • 1600 NORWEST FtMANCIAL CCNTCR 700) XERXES AVENUE SOUTH DLOOMlNOTON. MINNESOTA $54St.1104 telephone (012)635 0800 FAX (612)690.3333 Mnich 10,1997 A£HD€C,I 0»m0006 iAueii oouQua VAiUMC. cmir^itH, Ji JK>«4lt H»Vl riTMJ.OO^I UAIIVDLMAAt»l MH9 m. MIIMM X»HJ BrVfiHiA^H DMPtlW VDM MClVSFl J IMIIM VKHPim ANMIwr PfMN AiMM yrn^ e*<ii«iQiNCPO J>9itw AENCCk JAOaON CHRlirOfNCJIK LAmil IMAC^UfflOlf D0U01A9M lUINriNJ MAJAMSW innuAar.AifAANnrR CWACl I. MOltO ■TMIINAA MRlHM NHMH C tAKHAAtt lyNMCMICieiUlMOCAl C lACNt ROOlINt KNiSTlNt * JCXn t riHC€AlCAAOA Mnyor Gnbricl Jobbour nhtl Members of the City Council City of Orono ' l».O.Uox66 . Cryslal Bay. Minnesota 55323-006(ji lie: Proposed Zoning ’Codc Ante idmcnls,Related to Tclccomnuin Ij' 1 Dear Mayor Jobbour and Council Members: i I write on behalf of Aiherican Portable Tc Comiminicalions Commission (“I'CC”) authorized to develop p^rs Minnesota. AP'P is eurrently establishing stliilcgic locations in Mjnncsota. |t is likely that at some point in towers or antennas in thc| City of Orbno (the “City”). Because of this on the proposed zoning code changi^s, CrcOUNItL MQKP. OAkY D vHMITHugpoRiM M^ANI kMXIOAH WUNOilVll Af4U€R»ON JOftlPMCHTlt ^•O AOMftTte M <AA»CO»«»N HAND DELIVERED cations 1 owers and Antennas ecom (“APT”), one of two recent licensees of the Federal >nal communicotion services within wireless tclccommunicUions towers and antennas sites at Telecommunications Act, of 1996 the future APT will seek to install interest, APT presents its comments j » 'I’he United Stales Congress has dccjlarcd the national wireless lelwo iimunicalions siting policy to be that local governments ma) use their ^ning m|thority to regulate wireless telecommunications towers and personal comnnmicallon ’scrviccs wjlh certain limitations. There arc fc^vnnl timitmlnnc* 1 . A city may n6l di.scrimiijate among service providers. 2. A city’s regulation canii6l prevent the provision of pcrsonhl wireless service 3. A city mu.st act promp.ly on a services. ' request for permission 'S» to develop wireless comniunicnllon i FROM LORKIH HOFFriflN 17TH FL 04.24. I*??? 09S 14 . P*. 3 Larkin ,, IloFi'NiAN, D aly & lindori n , Ltd . Mayor Gabriel Jabbourr ma Members of the City Council March 10,1997 Page 2 writlui iccoixl. 'J'hc 4. Any limiialipn oji development must be supported hy I* * liily can lot be more slriiigont Commission in rcgulatiilg radio emissions based upon en|ironmcnial healih issues. substantial evidence contained in n than the Federal Communications nosed upon thc.se criiciia, APT’ bclicvcb an ordinance that culriglU prohibits personal wireless communications towers or antennai in ccrtfjin zoning districts would be in violation of federal law. The picfcinble opprooch in c6mpliance jvith fcdcjnil law would be to provide tlial wireless telecommunications towers nnd antennas wiuld be cohdliionaf uses ihroughoiu the C ly. 'i'he conditional use regulatory process would then be u|:cd to cnubic the Cijiy to determine that ii is not discriminating among providers, preventing dovciopmcnl of services or acting without the suppor of a substantial written record ns required by the Tclccofnmunicatitjns Act. Tills will also have t le effect of allowing providers (Ite mnximum flexibility to u.se the bcs| site available to provide services, thereby minimizing the number of towers needed to be dcv0loped. Permitting Standards Uiidcr the Teiccommunicntions Act o city inny only deny approval of personal wireless service facilities bu.scd upon .substantial dvidcncc cO|ntaincd n a written record. The development of a written record is greatly facilitated to the extent the City has specific standards to consider in acting upon a provider ’s request. Accoixlingly, we request llial the City establish standards t( be considered in acting on requests for opprovals. Plcn.se make this letter p«irl of the foVniol i ec|)rcl of the City’s dclibfcration on its zoning code amendments. We welcome the oppoiliinity to rc.spond to ahy specific questions Or c Very truly yours Thonms I*. Alo,\nnder, I'of ^ LARKIN. HOFFMAN. DALY & lIn DGRCN. Ltd. cc: Peter J. Coyle John Bnrslow Jeff'Peterson 02X.t246.UI omments. r 1 FROM LPPKIH HOFFMfiM 1?TH FL 04.24. LAi^^i Hori-KiAN, D aly & Linikjui -n a V tORNEVS at lAW HOOLmiorviDii rncocii JMitIC. l^fCKSOri (M>«N rvLun JOlfiD riUMeU 0IVIUII MOOCH OMIflN flCMAI P tlOilMAM MIO>mC.MCP»AAH JCM9 IMCPKWMU tiioMAaj. nn#i ^AMIIP OUMN 10001 fOU^ QCiMDLiicp JDiMi UMOMli OPniNOlAN^jOiiiA conco* KATMTC A. IIOTllMa.cn Kwiiicn MAMLmiJCAiV FfCOIICMTMUMl MICAO UOAOON OIKOOiort KOnoiAO OMIT A VAHClIVC* OWCli OOMirt Tworirr^ TfiOnfvj mans AiANM AlOtRA9« OOn N al aoom :ii MC*4AAi w ACHCA* pa4N» MIPS IIMCHCI I • DIOP i«AA OPAV OA/IVA AC»*«nl ISClO NOP\VLST FINANCIAL CCNTeH 79(|o xeRXES AVENUE SOUTH 8LOOMI 40TON.MlNNt8OTA $601-11M TELEPHONE (612) 6^5-3600 FAX (612) B99 3933 March 14.1997 Mr. Ron Moor.sc, City Ajlmini.slratoV Clly of Orono P.O. Box 66 Cryslal Bay, Minnesota iS323-006(j 0?: 14 ri). P. 4 CiDiilC»ltA^ IMMIITIIHI PENC6U OKJIOOOl mocf j oouoiAA OAMfinW^. HIIAJ. ooni 1/Airtr a IWHPI AANCI BAItMAA tiMAHW VOM PTnP*0 MJAH MICKAAI J OUlM VHJtH VC« Pt*Mt AP#IM MCvfA C>«i|10Pl4|A Cl JOltllON PtNII L. MCAKN OfHaTOPt^P A lARVl MVIOVllfflOtT DgU0lAtlAfMM,IP •rtFiCNJ HMANtm 1i«UA6r ALIHAMXA OM«ir MAIO IHMIHA A YMKQMN IMINNM NUMN C ClWHNAiB Ltr»M| :;ooAf C lACNYHOOlMi KMiavvia VWtPTOAAO * P9L0 9 nUCtMCAAON Rc: Proposed Zoning Code Ainchdmcnts'Rclatcd to Telccominun Dear Mr. Moorse: As you know, we rcpi*cscnt American Portable Telecom (“At^T ’), and coinmcnled on the above- referenced amendments at the City Council ihecling of March 10,1997. orcotMKv MCAP. OALV D IVNNimUNQOW AiUBlI IMAJMMI ViMtHA ANDtr.BONjotcPMomi AOMiniO M IMKONItl VIA FACSIMILE AND MAIL cations Towers and Antennas This letter is n follow-up| to that meeting. lt|is my understanding (ha revise (he proposed /Awning code an endmenU to include certain defl the two (2) water tovvbrs a “pc initted" use, and requiring a telecommunications towOrs and anttinnas in Other zoning districts. Enclosed tor your referfcncc is a Oopy of AlH ’s Model Ordinance. I believe this Model Ordinance contains a form of manV of the provisions* that the City Council \»/anicd inserted into Orono*s zoning ordinance. I hope it will=be of assisiance to you. If you hnvc nny questions, or 1 can be of any assistance, please call m Sincerely. tlie City Council requested that you lilions, as well os making the use of conditional use permit to locate Thomas F. Alexander, fdr < LARKIN, MOFFMAN, DALY & LlNDOREN, Ltd. cc: Gregory B. Koislad 03K4.UI101 ot (612) 896-3375. FROM LftPKIH HOFFHfIM ITTH FL C'4.24.1?*r tDlNANCE 97- AN ORDINANCE AMENDING CERTAIN S THE iCTJONS OF CODE OF ORDINANCES TO FROVIDE FOR THE REGULATION OF THE LOCATION, CONSTRUC COMMlJNICATfoNS TOWERS AND A ^1TENNA The of Ihc nON AND USE OF ) does hereby oraain as follows: ScctionJ.. 'J'ho following definitions are added to Section XXk,lumbered in alphabetical Ol der: Antenna - /^ny structure or <|cvicc used for the purpose of collecting or Irnnsmllting jclcclroinaf iictic wbves, including but no][ limited to directional antennas, such ns pinels, nSicrowave dishes, anc\ satellite dishes, and oinni-directitinnl antennhs, such is whip antennas. Coinincrcinl Wireless Tclccotnniunlcntioii Services - Licensed conimercinl wiieless tclciomniunication seriliccs including cclluleir, personal communication services (PCS), speciilized njiobilized radio (SMR). enhanced specialized mobilized radio (ESMRJ), paging, and similar services. Tower- Ant ground roof mounted pole, spire, slruclurc, or combination «u«.v.,vf ii..... le !—I..U!----------u— -iiblcs, wircs, braccs, and antenna, meteorological thereof toller than 15 f{ct, including supporting lincs^ c masts, intended primarily for the purpost device, or siiiiilar apparAius above grade. Section 2. Section )txx is amended to add the following as a i>c •mitted use: Antennae when mounted on a rooftop or along a building or other structure. ! • ! .Section 3. Section XXX is amended to add the following as a conditional use; Antenna ond 'l'owers, siibjcct to he standards at Section XXX. Section 4 . A new S(|clion XXX is added to Chapter XXX as folbws: SECTION XXX. regulations FOR THE LOCATION, CONSTRUCTION A^D USit OF COMMUNI c X tJiONS TOWERS AND ANTENNA. I. Purpo.se. In ortjlcr to ac(:ommodatc the commtm and business while protecting the public health, safely, a community, the____ cation needs of residents id general welfare of the finds tliat these regulations arc (icccssary in order to: ■p. 5 < * FROM LPRK nr HOFFMfiK 17TH FL 04.24,l??7 09:15 # • I (a) I Fncilliatd ihc provision of wireless lelecolnmunlcotlon services to ilic rc'siclems nna busincsics of the______; ! I » (b) . Minimize adversi visual cflbcts of tovycr and s ting sttuidfjrds; ' I (c)lowers to accommodate. I Maximiz: the usc|of existing and approVet .v «vw,.,..,uunu; new \yirclcss icU commui|icailon antennas in ordc to reduce llic number of towerjs needed to serve th|; community. t 2. Conditional Use Permit Jlcquircd. It shall be firm, or corpprntion to irect, construct in place, place oi > llirough careful design ai d securing a cojtdltlonol * j - - ------------- ^ - - -wvwv related structures shall npt requirp the issuance of a coitdi ional use permit. inlawful for any person, re-erect, or replace any tower wilhout first mak^ opplipation to the______n whmuivuu. use permit therefor as hereinafter provided. Routine hit inlenance of towers and -"1"*“'* '•'■•'■tlircs shall no -----‘ ’ 3. Co-Location Koquircmdnfs. A proposal for a now commercial wireless Iclccommunioiitiun scrv cc tower shall not be approved jnless it can rcasonobly be document ed by the cpplicantlthat the tciccommunica ions equipment planned for the proposed lower cnnnoi be* accommodated on an existing or approved tower or building within a one-half mile search radius of the pr oposed tower due to one or more of tlip following; reasons. ■ I ’ (a) The plajuicd cquijiment would exceed the itruclural capacity of the cxistirig or approved to^er or building, as documented by a competent radio frequency Engineer;* (b) The plai ned equipment would cau^e interference materially impacting llic usability o( other existing or planhe 1 equipment at the lower or building ns dopumented by a compulciu radio fiequency engineer ' f •* \ (c) ‘ r.xisting |r approved lowers and buildiqgs within the search radius cannot accommodate lla^ plnnncd equipment a function rcn.sonaply as dotumciUcd by a qualified e applicant is unable to I » (d) In spite cf best citorts, within 60 days, ll. _________ nogol ale reason ible business terms regarding t ic lease or purchase of space ion an existing towc|*; or f a heiglil necessary to engineer; (e) Other reasons affecting technical performance, system coverage, and .system capacity that piakc it imprnctical to place or locale the planned Iclcco'nimunicalibns cquij^mcnl upon an existing or approved tower. ction or modincation of4. Tower Design l^cqulrcixicnts. Proposed consiri lowers shall meet the following ceslgn requirements: P. 6 ‘ ' ■' I .. I 0 ! V FPOH LfIPKIH HOFFMCIM I7TH FL 04.24 . 1? ?7 0 ? : I 5 Towers : shall tic designed lo blohd envirbmncnl toHhe mnx:imuni extent possible i irough lire use of color. except ill inslabccs \vl I ..authorities such Us the rddcral Aviation Adniinist Commcrfciol wire ere the color is dicta a mc nopolc design unless determined by the into the surrounding cd by federal or state alion. css tclccominunicotion Service towers shall be of that an alternative desigh would be necessary to support ruture potential users. % 5. Tower Scfbncts. To\|ers shall conform will each of the following minimum setback requi emenls: (a) ' Towers ihall meet the setbacks of the u ideriying zoning district with tlic cxccpUon of iindiisirial zoning di$(ricts, where towers may cncrpach into tli|: side or rear setback area, provided that the property line abuts'another no)i-resideiUially zoned properly. (b) ; Tlie lowir shall ii(ot encroach upon any cdsenients. The minimum distance to tiie i caresl rcjsidenlial properly shtill le equal to the height of the tciwer. 'i'lic nininuin^ distance to the nearest residential slmcturc shall be tw^ times the height of the tower. (c) ’ The seloack shall be measured bctwcei iocnted nearest ihc property line and the actual the base of the lower property line. A lesser setback distancej may be used if a qualified eiigmeer specifies in writing that llic collap.so* of the t^wer will occur withih a lesser distance under all foreseeable circilmstanccp. 1 f (d) . Towers iihall not’be located between a ;>rincipal structure and a public street, wi|h the following exceptions: (1) in industrial zoning districts, towers may be placed within a side yard abutting on internol indui On sites adjacent to public streets bb placed ^vithin a side yard abutting a local street. trial street. on all sides, lowers may I * (e) ' A tower’s setbac c may be reduced or its public sired va(icd, nl t ic sole discretion of Ihc inicgl-alion of o lower into an existing or prop location in relation to a _______, to allow the ?scd structure such as a churoh steeple, light Suiiidord, power line support device, or similar slruciurc. 6. Tmvir Height. All proiVosed towers shall not ex( ecd 175 feel in height. 3. 1P. 7 I • F’FROM CORK IM* HOFFMfiM ITTH FL 04.24. 1 ??7 0?« It. lower; or if Required b) 7. Towi r Lighllnd. Tower’s shall not be illumin^lcB by artificial means and shall not display strobe lights unless such lighting is ^prcifically required by the redcral Aviation AdniiriistratioiVor other federal or stite authority for a particular the for sccur w or safely reasons. This provision shnll not preclude tl)c placement of an antenna on an existing or proposed ligl^tlng standard. 8. Signs| and AdvoUising. The use of any portion Oi than warning or equipment information signs is prohibited. f a lower for signs other 9. Accc^soiy Util accessory to n lower shnll be, orchltcclurally designc l to blend in with the ty Uuljdings. All utility bjildings and structures suriounding cnviiomndnt and 'shall meet such setback requirements as are compatible vjilh the acual placement of the lower. Oround mounted equipment .shall be scrct^ned from view by suitable vegetation, exCej t where a design of non- vcgclalive scl'cening beliicr refiedls and complements the the surround square feet it 10. or unused to 12 months o Towers. All abandoned shall be removed within ng ncighbtirhood. Accessory buildings shnl size. Abandoned or Ijnuscd Towers or Portions pf vers and nisocinted abovc»giound facilities the ccssjit on of operations of an nntenn$ facility at the site unless a time extension is npprdved by jhc_______. In thi event that a low’cr is not removed witjiin 12 months oflltc cessation of operaliom at a site, the tower and associated fi^cililles mav be removed by the and the costs of removal assessed against the properly. ’ lu'chitectural character of not be more tlian 2,000 t 11. Autchiins Mounted on Roofs^ Wnlls, nmi Existing Towers# The placement of wireless t jleconvmmication antennas on i ?ofs, walls, and existing towers shnll to approved by Isr iflnce of a building permi* based on administrative review. j I 12. Existing Liglit Poles. I'fhc replacement of aiji existing light pole or lighting slandiiid in ord^i to needmmodale the plncc*m^nl of an antenna thereupon shall be approved by i|;suancc of a building permit based upon administrative review. 13. Iiitcrrcrciicc \ t telecommunications scr itli Tdlecomniunicntioiis. rice slial 9 No new or existing interfere with public sa or private Iciccommunicjations, ihcluding without limijal personal cun)iminicaiioi*i3, in ncdoidnncc with rules and ilcgulalions of titc Federal Communications Commission. . ^ i ety telecommunications, on, radio, television, and 4. P. 8 • r s FROM LfiRKIM HOFFMAN 17TH FL 04.24.1997 09116 i •w I I 14. Acldl ionnl Sub'iiiittnl Requirements. In add lion to the information required elso'wlicre in inis code “ *------ l mj.--------.. _ w ^ . prior to the issuAiiM of a building permit, an applicant lor lower lantcniiaj shall include the bllowing supplcincntnl information: (a) A report 'from a qualified engineer that <(1] anten describes the tower and ui height and design including n cross ace lion and elevation; (2) docuijtcnls the ^pproxin ate height above grqde for potential mounting positions for ^o*lpcal(^ antennas and the approximate miniihum KOparhtion dista ice& between antennas; and (3> describes the tower’s capaoily general y, inclujiing the number end type of antennas that it can ticcoipniodatc. ‘ (b) ; Tor oil cpmmci :ial wireless tclecommlin cation service lowers, a letter!of intent qommitii^g the tower owner ohd his or her successors to iiiiow the shared use of the lower if on additional user agrees in wi iting to meet Ircnsonnblc terms and conditions for shtltcfl use, including without limitillion, rcasojiable roqtal rates for such shared Use. 15. Construction jlcquirc iiciits. All anlentia; and towers ci-ectod, constructed, or located Wthin th j_______, and all Wiri ig therefor, shall comply with the folldwing requirements:- (a) All applibable provisions of this Code. (b) ' lower designs shall be certified by a qqal fied engineer to conform to the latest str iclurai nnndards and wind li^aciiig requirements of the Uniform Ouildiqg Code ilnd the Electronics Indus ry Association. (c) ; No pan (^f any ariicnna or tower nor any I nes, cable, equipment or wirc.< or braces in conncdlion with either shall fet any time extend across or over jany pan of the ri^ht-of-way, public slrceU highway, sidewalk, or property line. I » I (d) l owers ^nd nntepnas shall be designed t > conform with accepted elcct/ical enginiering nielhods and practices tnd to comply with the provisions of th^ Matlondl Electrical Code. 2 protected to discourage(c) I Every tolver affix cd to the ground shall b climbing of the lower by unauthorized persons fjy erection of a security fened at least six| feet in 1 eight. 36. Existing Antennas and I’owcrs. Antennas and'lowers in existence as of Januniy 1.1997. that di not conform to or comply with this Section are subject to the following provisions: $. p. ? FPOM CPPKUr HOFFMfltI 17TH FL 04.24. 1997 09i 16 F . 10 # • % • \ (o) Towers may corlinue in use for the pyrjxise now used and as now existing bill nif y iiol be replaced or materially t Itered without complying in nl| respects vuth this Section. (b) If such! towers are hcrcaAcr damageid ar destroyed due to any reason or cause whatsoever, the tower may bi repaired and restored to its fornjer use, location, ai d physical dimensions ipon obtaining a building pernilt therefor, but without otherwise comp ying with this Scc.llon, provided, however, that |lf the cost of rcpairinj[ the lower to the fonv.er use, physical dimensions, and location would exceed Ihe cost of a new lower of like 'kind and huality, except in full cdmplianc hen the tower may nol be repaired or restored : with this Section. Violation.^, j Any perse n who s^iall violate any of the provisions of this Section shall be guiUy of a inisjlcmcanor. I Section 5. Bffcctivc Dale. Il'his ordinnnee shall lake effect, from and after its passage and publicaiion. Passed and [idoptcd by the .1997.' of the ATlliST: By: Its: Its:Clcrjc this day of 02597<)!!.Ot 6. JAMES F. LAIMN nOtBITL HOAfliAN QCRMi>K FR^OCLL JAMES C. EFICXSON EMMOJ.ORISCOU OM N. RJLLER JOMO RXUICR r«AM<l. HAAVEY CHAAVE8S MOOEU a#i1STOP»CR J. OtETZEN UNOAH. RSHEfI THOMAS P. 8TOLT14AM U04ACLC JACKMAN jo»««e. ocK. JONS SMEII2SM»U THOMAS J. FLYNN JAMES P.QUMI TOOOI.FIVCMAN CERALOL aCCX JO»««B LUNOOIMT OAVLC NOLAN* JOHN A. COTTER* bcatrx :e a . rot >^ccer PAUL B PLUM^ETT ALANL. KKOOW KAT>A£EN M. PICOTTE fCMMAN M01AELB LEBANON OREOORYE. KORSTAO QARYA. VANCLEVE* OAMELL BOMLES TIMOTHY J MCMMUB timothy J. KEANi ALANM. ANDERSON DOM4AL ROBACK MICHAEL W. SCK^ ROAP4B KREPS TERRENCE E BISHOP USAA GRAY QARYA R£f«4£KE April 24,1997 Larkin , H offman , D aly & Lindgren , Ltd . ATTORNEYS AT LAW 1500 NORWEST FINANCIAL CENTER 7900 XERXES AVENUE SOUTH BLOOMINGTON. MINNESOTA 55431-1194 TELEPHONE (612) 835-3800 FAX (612) 896-3333 nlBeSoVs CITY OF ORONO APR 2 5 1997 O«lST0P»<R J HARRISTHN. A£^CCLJ OKJIOOCE BRUCEJ OOUQLAS lASJJAM C. GRIFFITH. jR JO»«4R NLL PETER J COYLE LARRY O MARTIN JANE E. BREMER JOIP4J. STCFfEMMGEN PMAjPa ALOEN MICHAEL J. 8AMTH AM3PIWF. PERRIN OAMFL W VOSS YiuSR PCE A»MM MEYER C»^STOPY€R 0 JOAMSON RENEE L JACKSON CHItSTOPTCR A LMtUS UARCY R FROST OOUQLAS M. RAARER STfPKNJ KAAMN8KI THOAIABF. ALEXANDER OAMEL T KADLEC SHARNA A. WAK.GREN KARIN M NELSEN JOlPlF KLOB C ERIK MA^B LYNIC MO«LLE MOORE C BRENT ROB8P43 KRtsriN 8 ^STGARO * JOUES FREOERICKSON OF COUNSEL JACXF OALV 0 KETPCTH UNDGREN ALLANC MULUOAN WCNOEUR. ANDERSON JOSEPH QITIS * ALSO AOAAITTEOM WISCONSIN Members of the Planning Commission VIA FACSIMILE City of Orono AND U.S. MAIL Attn; Elizabeth Van Zomeren City Planner P.O. Box 66 Crystal Bay, MinnL ;ota 55323-0066 Re: Propof »fi Code Amendments Related to Telecommunications Towers and Antennas Dear Planning Coir--' .jsion Members: As you are aware, we represent American Portable Telecom (“APT”). APT is currently establishing wireless telecommunications tower and antenna sites at strategic locations in Minnesota. I attended the Planning Commission meeting on April 21, 1997, and, after making several general comments, promised to provide you with additional comments regarding specific provisions of the above-referenced ordinance amendments (the “Proposed Ordinance”). This letter contains the promised comments, and is meant to supplement the comments 1 made at the Planning Commission meeting. All capitalized terms that are not otherwise defined herein have the meaning attributed to them in the Proposed Ordinance. The following comments address substantive issues only. 1.GENERALLY. The Proposed Ordinance prohibits the placement of (i) any personal wireless service tower within the City of Orono (the “City”), and (ii) personal wireless service antennas anywhere in the City, except on the two (2) water towers. As stated at the Planning Commission meeting, we believe that such restrictions are illegal and unenforceable. We further believe that establishing a hierarchy of zoning districts will achieve the two main goals expressed by the Planning Commission (i.e. use of the City-owned water towers and avoiding the proliferation of unnecessary towers/antennas in the City), Therefore, we request that: (i) antennas be permitted on the water towers pursuant to an administrative permit; (i.) antennas be allowed in all districts; (iii) towers be allowed in Industrial, Business, and Office districts; and (iv) towers be allowed in Larkin , H offman , D aly & Lindgren , Ltd . If Members of the Planning Commission April 24, 1997 Page 2_____________ Residential districts, only if located on municipal, school or institutional property, or if integrated into an existing structure (i.e. church steeples, light standards, etc.). SE CTION 7 (B-1. RETAIL SAT.HS BUSINFS.S DISTRICTS: Suhnart H rPersonal WirelP^>; Service Antennas and Tf)wpr<;t 2. a.llfiDLl. This provision requires personal wireless service antennas mounted on a municipal structure to comply with certain conditions. (1) Paragraph (f) - This provision require all transmitting, receiving, and switching equipment to be housed within the existing structure, or, if necessary, in a new structure located in the rear yard of the principal use. APT’s ground-equipment is designed for outdoor use. This design, together with the screening and fencing requirements of the Proposed Ordinance, eliminates the need to require such equipment to be housed in a building. Therefore, we request that this provision be revised to specifically allow for placement of ground-equipment without the same being housed in a building. (2) Paragraph (j) — This provision requires an applicant to demonstrate, by providing a coverage/iuterference analysis and capacity analysis prepared by a “registered professional engineer,” that the proposed antenna location is necessary. This provision raises two concerns. First, APT’s Federal Communication Commission (the “FCC”) license virtually assures non-interference. In addition, this is a federal licensing issue within the jurisdiction of the FCC. Section 704(a) of the Telecommunications Act of 1996 (the “Act”) (47 U.S.C. 332(c)(7)(iv)) provides that: No State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the [FCC’s] regulations concerning such emissions. Although the Act prohibits the City’s regulation of personal wireless service facilities based upon radio frequency emissions, we would consider it a reasonable requirement if an interference report was required only when the facilities in question are to be co-!ocated with other public or private wireless facilities. The newest provider of such services would then be required to provide an interference report prior to being allowed to install its facilities at that co-location. Second, this provision requires the coverage/interference and capacity analysis to be prepared by a “registered professional engineer.” Our understanding of the various issues to be evaluated by an engineer in connection with the siting of Larkin , Hoffman , D aly «& Lindgren , Ltd . Members of the Planning Commission April 24,1997 Page 3_______________________ towers and/or antennas suggests there are essentially two components to the evaluation. First, there may be structural and design considerations of the physical equipment as erected. Secondly, questions may be raised relating to the performance of transmission and reception equipment used to provide wireless communications. It is reasonable to require that any construction be designed pursuant to plans and specifications of a licensed engineer to assure a structure is designed to withstand natural and artificial forces exerted upon it. However, with respect to coverage/interference and capacity analyses for antenna location and height issues, requiring such analysis be prepared by a “registered professional engineer” presents a problem. These are issues for qualified radio frequency engineers. Although there are a limited number of registered engineers who are also very competent in issues of radio frequency engineering, the fact of being licensed or registered has no relation to competence in radio frequency engineering. To obtain the best analysis of the technical issues involved, the City would improve its position by obtaining such an analysis by a “competent radio frequency engineer” without regard to local registration. Therefore, we request that the reference to “registered professional engineer” be changed to “qualified radio frequency engineer.” Please make this letter part of the formal record of the City’s deliberation on the Proposed Ordinance. If you have any questions or concerns, please call me at 896-3375. r\IVery truly yours, /J.---- ^ Thomas F. Alexander, for LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. cc: Peter J. Coyle John Barstow 0293948.01 ft ■^rint [CITY OF ORONO Sprint PCS* Minneapolis MTA 2900 Lone Oak Park"A-ay Suite 1*40 Eaijan. Minnesnia SS121 Telephone: 612 686 2600 Fi\: bl2 686 2^iX) APR 2 6 1997 f # • • • April 25,1997 Ms. Elizabeth Van Zomeren, AICP City Planner City of Orono 2750 Kelley Parkway P.O. Box 66 Orono, Minn. 55323 Dear Ms. Van Zomeren; The purpose of this letter is to summarize our verbal comments to the Orono Planning Conunission last Tuesday evening in writing for the record. First, we are of the opinion that your proposed ordinance, by allowing personal wireless services antenna only on municipal structures, is a violation of the Telecommunications Act of 1996, which forbids a jurisdiction from using it’s zoning powers from prohibiting or have the effect of prohibiting the provision of personal communication services. Second I indicated that we have interest in talking to the City of Orono about leasing space on your water tower on Kelley Parkway. Third, I expressed concern that the proposed ordinance allows antenna to be mounted only to water towers located in the B-1 Retail Sales Business District and that the Kelley Parkway water tower is zoned Residential. If you have any questions about this letter or if you would like to discuss your proposed ordinance in more detail please call. I would be happy to meet with you on it whenever and wherever it is convenient. Sincerely, David Hagen Property Specialist ^ •COUNCIL MEET REQUEST FOR COUNCIL ACTION MAY 2 7 1997 Item No.: Department: Name: Michael P. Gaffron Title: Asst. Planning & Zoning Administrator Administrator Approval:Agenda Section: Zoning ^ Item Description: #2209 Spring Hill Golf Club - Variance/CUP - Resolution Zoning District:RR-IB One Family Rural Residential District, 2-acre RR-lB-1 One Family Rural Residential Subdistrict, 2-acre List of Exhibits A - Draft Resolution and Exhibits B - Council Minutes of April 28 C - Final Version of EAW Record of Decision Adopted 5-21-97 On April 28, 1997 Council directed that staff prepare a resolution, including findings, conditions and exhibits for approval of the CUP and variances for the Spring Hill Golf Club. These documents are attached for Council consideration. A number of issues which have been resolved at or since the April 28 meeting include: 1. 2. 3. 4. 5. The site evaluation for septic systems to serve the maintenance building and rest area facility have been submitted, and appear acceptable. The City Engineer's recommendations on water quality have been incorporated as conditions of approval. The study of the archaeological sites has been completed with no additional action needed. The easterly site contained some artifacts which could be ftirther studied by other groups in the future. Since this is an area of the course that will not be graded, applicant is working with the SHPO on an agreement to voluntarily preserve the easterly site for future study. Council has agreed in principle to enter into a cooperative agreement with the County regarding the tunnel, and applicant is aware and is agreeable that the City will in turn transfer significant responsibilities for that tunnel to the applicant. The EAW process has been completed. As part of that process, applicant provided detailed information as to how the golf course design process over the last 2 years has resulted in substantially less Big Woods impact than that of the initial designs. \ #2209 - Spring Hill CUPA^ariance May 23,1997 Page 2 6.Applicant has indicated an intent to plat the property which will facilitate the granting of easements to the City and others. It appears three specific issues remain for potential discussion prior to final approval: 1.Council has determined that location of access to the S’te shall be to County Road 6 rather than Spring Hill Road. Applicant is attempting to gain Hennepin County approval for that access, but as of this writing has not indicated to staff that this has been successful. 2.Upgrade of Spring Hill Road and County Road 6/Hunter intersection are somewhat dependent on the final resolve of the access issue. 3.Applicant has been working with City officials to conclude a voluntary agreement for a City trail system on and adjacent to the site. A draft of such an agreement is attached as Exhibit D of the Resolution. Staff Recommendation Council is requested to provide staff with any additional findings or specific conditions of approval that should be included in 1 le resolution. The resolution requires the granting of certain drainage easements, conservation and flowage easements, etc. as well as execution of a Developers' Agreement concerning physical improvements to the property, addressing what improvements are required on and off site, who pays for what systems maintenance, etc. Council Action Requested Review the outstanding unresolved issues. Review the approval resolution and make changes where necessary. Adopt the approval resolution if outstanding issues are resolved to council's satisfaction. I i A RESOLUTION GRANTING VARIANCES AND CONDITIONAL USE PERMITS FOR SPRING HILL GOLF CLUB FILE #2209 WHEREAS, the City of Oiono (hereinafter "the City") 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 zoning regulations for the orderly, economic and safe development of land within the City; and WHEREAS, Spring Hill Golf Club (hereinafter "applicant"), a Minnesota non-profit corporation, has an interest in property located at 700 Spring Hill Road and other adjacent and nearby parcels, legally described in Exhibit A attached and collectively referred to hereinafter as "the property"; and WHEREAS, the applicant has made application to the City for a conditional use permit (CUP) per Municipal Zoning Code Section 10.28 Subd. 3 and 10.29 Subd. 1 to allow operation of a golf course within the RR-IB and RR-lB-1 zoning districts; a variance to Section 10.03, Subd. 9 to allow construction of an individual accessory structure of 10,000 s.f. in footprint area where a maximum individual accessory structure footprint of 3,000 s.f. is allowed, and to allow a combined footprint area of all accessory structures of approximately 12,000 s.f. where only 6,000 s.f. combined total is allowed; a variance to Section 10.55, Subd. 8 to allow filling, grading and excavation within and within 26 feet of City-protected wetlands; a variance to Section 10.56 Subds. 16(1) & (J) to allow intensive vegetation clearing and placement of fill within a bluff impact zone; and a conditional use permit (CUP) per Section 10.03 Subds. 19-21 to allow land alterations involving movement of approximately 350,000 cubic yards of material within the site. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1 . This application was reviewed as zoning file #2209. 2. Tlie property is located partially within the RR-1B Single Family Rural Residential Page 1 of 16 r 3. 4. 5. 6. 7. Zoning District and partially within the RR-lB-1 Single Family Rural Residential Subdistrict. Within the RR-IB and RR-lB-1 zoning districts, golf courses are a permitted use via conditional i^e permit, subject to the principal structure being located 100 feet or more from any abutting lot in an 'R' District, and subject to accessory structures being a minimum of 50 ’ from any lot line. The proposed golf course meets these minimum requirements. The Orono Planning Commission reviewed the proposed variances and conditional use permits on February 18,1997, March 17,1997, March 31,1997, and April 21, 1997; and on April 21,1997 recommended approval of the variances and CUP by a vote of 6-0. The proposed golf course was subject to a mandatory Environmental Assessment Worksheet (EAW) review process as stipulated by State law, to determine whether an Environmental Impact Statement (EIS) would be required for the project. The City Council on May 21, 1997 declared via Resolution No. 3901 that no EIS would be required. The EAW review process resulted in comments and recommendations regarding course design, course operation, and mitigation of environmental impacts, many of which have been incorporated into the Conditions of this resolution. Approval of the requested variance for construction of an oversize accessory structure is justified by the following hardships and unusual conditions: A.The equipment and supplies for maintenance of a 200-acre golf course require a space significantly in excess of the 3,000 s.f. footprint structure that would normally be allowed on a residential property in the RR-IB or RR-lB-1 zone. B.The proposed golf coiuse is not a residential use, and the zoning code limitations on accessory building size were intended to apply mainly to the 2-acre single family lot development typical of the RR-IB and Page 2 of 16 c. D. E. RR-lB-1 zones. The potential negative visual impacts of a single oversize accessory structure can be mitigated more readily than those of the multiple structures which would be necessary to serve the golf course use if the variance is not granted. The applicants have demonstrated that the negative visual impacts of the proposed structure can be mitigated by screening with berms and tree plantings, to result in no visual impact on neighboring properties or roadways. A combined total of approximately 12,000 s.f. of accessory buildings is not excessive given the 200-acre area of the total site. 8. Variances requested for impacts to City-designated wetlands include: Excavation of a 0.55 acre portion of the 0.79 acre Wetland #2 to create a NURP pond, with an additional 0.16 acre of upland being converted to wetland. The City-required 26' buffer will be maintained. Filling of a 0.88 acre portion of 1.92 acre Wetland #5 to create part of Fairway #5, excavation of a 0.84 acre portion of the wetland to create a NURP pond, and excavation of 0.15 acres of upland to create new wetland. The required 26' setback will be maintained around the NURP basin. Filling of a 0.07 acre portion of 0.70 acre Wetland #12 to create part of Fairway #7. A 26' buffer will be maintained except for along the 260' wetland fill line. Excavation of 0.57 acres of upland adjacent to 3.50 acre Wetland #15 to expand this wetland to 0.57 acres. The 26' buffer will be maintained, Page 3 of 16 9. Other City ’A^etlands (#4 and #7) will not be impacted and the 26' buffers will be maintained. Further, 11 non-Orono-designated wetlands (subject to Wetland Conservation Act regulation for which the Minnehaha Creek Watershed District is the Local Governmental Unit) comprising 1.83 acres in total will be filled or enlarged to result in a net increase of 1.79 wetland acres. In summary, of 17 Orono wetlands in the Orono portion of the property, 5 will be enlarged in wetland area, 6 will be reduced in wetland area, and the net result is an increase in wetland area of 1.72 acres. In Medina, 0.23 ac. of wetland will be filled, 0.18 ac. created, a net reduction of 0.05 acres. Total wetland filled in both cities is 1.45 acres. Applicant’s wetland mitigation proposal includes a number of items: A. Create 2.51 ac. new wetlands from upland areas. B. Create 0.61 ac. NURP ponds from upland areas. C. 3.51 acre Public Value Credit for converting from Type 2 to Type 3 by impoundment in wetlands #1 and #17 D. 0.64 ac. mitigation credit for placing 0.64 ac. of upland into permanent protective buffer easement Total new wetland = 2.51 ac + 0.61 ac. = 3.12 ac. This yields a 2.15:1 mitigation ratio (3.12/1.45) Total mitigation credit (as proposed to MCWD per WCA rules): 2.51+0.61+3.51+0.64=7.27 ac. Proposed final mitigation ratio = 7.27/1.45 = 5.01:1 The Council finds that the proposed filling of wetlands is necessary to accomodate the proposed golf course use, and further finds that applicants have endeavored to minimize w'etland impacts to the greatest degree possible. Council finds that in conjunction with the proposed mitigation plan, the proposed wetland impacts will not be contrary to the public interest and will not be inconsistent with the City's objective of encouraging land uses compatible with the preservation of the natural landforms, vegetation and the marshes and wetlands of the City. Additionally, the use of appropriate low-maintenance plant materials and a comprehensive turf management program by the applicant will minimize the impacts of reduced buffer width on Wetland #7. Council finds that the wetlands have been appropriately integrated into Page 4 of 16 t?ie stormwater management plan for the site. 11. 12. 13. Steep slopes along the south central and southeast portion of the property meet the City's Shoreland Ordinance definition of 'bluff features, and are in the Shoreland District. Both areas will be impacted by grading and tree removal for construction of the golf course. The applicant has addressed satisfactorily the City's concerns regarding visual impact and erosion control. The proposed golf course grading will remove trees from the central 1/3 of the bluff impact zone in the area of the former gravel pit on the site. The applicants have modified the original proposal to reduce the impacts on the bluff, including elimination of a proposed tee on Hole #5; relocation of the cart path on Hole #5 to allow a minimum of 120' of undistrurbed vegetation adjacent to Spring Hill Road; reduction of the grading on the bluff slope on the west side of the 'bowl'; and reduction in the tree clearing on the bluff slope on the north side of the bowl. In the area of the bluff affected by the proposed driveway leading to the clubhouse from Spring Hill Road, the driveway has been relocated northward to the shoulder of the bluff to allow the existing trees to remain as a screen to minimize the visual impact of the driveway in the bluff impact zone. The resulting impacts to the bluff impact zone include: A. Hand trimming along Hole # 18 at the top of the bluff slope to provide a sight line to the green. B. Trimming and selective clearing on the east side of the bowl below the #5 tees to provide an adequate sight line to the fairway. C. Grading and related tree clearing on the west side of the bowl to provide a sight line down fairway #5. D. Driveway at the top of the bluff impact zone east of the clubhouse. The Council finds that the proposed impacts are necessary to accomodate the proposed golf course use, and further finds that the proposed impacts to the bluff impact zone have been minimized such that the impacts are not in conflict with the 1980 City of Orono Community Management Plan ("Comprehensive Plan") which contains a number of general land use and environmental protection goals and policies in regard to preservation of natural lake shorelines. Further, tha applicant has agreed to take whatever erosion control steps are necessary and has provided an Page 5 of 16 1 erosion control plan for the site. 14. The Council finds that proposed impacts on the 43 acre Medina 26 'Big Woods' site located 2/3 in the City of Medina and 1/3 in Orono, have been suitably addressed tlirough the Environmental Assessment Worksheet review process. The applicant has demonstrated the measures taken to date to minimize the area area and typ>e of Big Woods impacts and has revised the course layout a number of times to result in reduced tree loss, greater connectivity between forest segments and wetlands, ard reduced impact on wildlife habitat. The Council further notes that no City ordinances currently prohibit the applicant from total tree removal in this Big Woods area, and that this conditional use permit and site layout approval acts to afford a measure of forest protection that would not otherwise be possible under a strictly conforming single ftimily residential development. 15. The City 1 os a need for drainage easements over drainageways on the site, as well as conservation and flowage easements over wetlands on the site, to preserve the public benefit of these natural features. 16. The applicant has agreed to work with the City in establishing a trail system within or adjacent to the site. 17. The Council finds that while the clubhouse driveway proposed to access to Spring Hill Road may be mitigated in relation to its impacts on the bluff, the location of said driveway has potential ncj,v : ? impacts on the Spring Hill Road neighborhood by causing excessive traffic !■ r i>aid residential neighborhood and causing additional stress on the roadway suriuce. Based on these conclusions, the Council finds that it is inappropriate to have the golf course access onto Spring Hill Road, and furthg^^jr;: finds that it is most appropriate to require that access to the golf course be via Cmmty Road 6. The Council further finds that it is appropriate for the applicant to make any safety improvements to County Road 6 as may be deemed necessary by the Hennepin County Public Works Department. 18. The Council finds that the proposed golf course construction process which is expected to take up to 2 years, may have negative impacts on the neighborhood due to dust, noise, etc., and finds that it is appropriate for the City in its Land Alteration Page 6 of 16 ^UP approval to limit the hours of construction to protect the peace and repose of the neighborhood. 19. The Council finds that once constructed, the proposed private golf course use as proposed, witn limited membership and limited activity as proposed, is compatible with the rural residential character of the surrounding neighborhood. Council further finds that should the level of activity or the size of the membership be proposed to increase from the initially approved levels, it will be necessary for the applicant to seek an amendment to this CUP prior to such activity being established. 20. The Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; 0 t granting the requested variances would not adversely affect traffic conditions, ligm, air nor pose a fire hazard or other danger to neighboring properties, would not merely serve as a convenience to the applicant, but are necessary to alleviate demonstrable hardships or difficulties; are necessary to preserve a substantial proper*’ rig,l.t of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 21 . The City Council finds that granting conditional use permits to allow the construction of and use of the property for a private golf course will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring property, nor will such construction and use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the City Council of Orono, Minnesota hereby grants to Spring Hill Golf Club a conditional use permit per Municipal Zoning Code Sections 10.28 Subd. 3 and 10.29 Subd. 1 to allow operation of a golf course within the RR-1 B and RR-1B-1 zoning districts; and a variance to Section 10.03, Subd. 9 to allow construction of an individual acces.sory structure of 10,000 s.f in footprint area where a maximum individual accessory structure footprint Page 7 of 16 of 3,000 s.f. is allowed, and to allow a combined footprint area of all accessory structures of approximately 12,000 s.f where only 6,000 s.f combined total is allowed; and a variance to Section 10.55, Subd. 8 to allow filling, grading and excavation within and within 26 feet of City-protected wetlands; and a variance to Section 10.56 Subds. 16(1) & (J) to allow intensive vegetation clearing and placement of fill within a bluff impact zone; and a conditional use permit per Section 10.03 Subds. 19-21 to allow land alterations involving movement of approximately ^5Q,000 cubic yards of material within the site; per the plans luid specifications attached hereto as Ejoiibits B-1 through B-16, subject to the following conditions; 1. 2. 3. REZONING. Prior to January 1, 1998 the applicant shall apply to the City for rezoning of those portions of the property cur.en‘!y zoned RR-lB-1 One Family Rural Residential Subdistrict from RR-lB-1 to RR-IB, One Family Rural Residential District. LEGAL COMBINATION. Prior to issuance-of-building-permits, land alteration permits or other City-issued permits, applicant shall show evidence that all parcels comprising the property have been legally combined for tax purposes. If Hennepin County will not allow such combination for whatever reason, applicant shall execute and the City Attorney shall file on tlie chain of title a "Special Lot Combination" document reflecting that said parcels shall remain in common ownership and may not be sold separately without City approval. As cn alternative to legal combination, applicant may plat the property, which may allow for a more efficient granting of easements. VARIANCES. A. OVERSIZE ACCESSORY STRUCTURE. The only individual oversize accessory structure approved herein is the maintenance facility to be located as shown on Exhibit B-13A attached. Such facility shall be screened from view from offsite locations per the landscaping plan attached as Exhibit B-13B. llie only other accessory structures approved on the property include the lollowing: i. Chemical storage building located at the maintenance facility. ii. Open storage bins located at the maintenance facility. iii. Concession stand located near the tunnel. iv. Pumphouse. Any future additional accessory buildings proposed shall be subject to an amendment of this Conditional Use Permit. Page 8 of 16 4. B. LAND & VEGETATION ALTERATIONS IN BLUFF IMPACT ZONE. All areas to be disturbed within defined bluff impact zones shall be subject to: i. Adherence to the revised grading and vegetation removal plans attached hereto as Exhibit B-12. ii. Use of Best Management Practices for erosion control during construction, including but not limited to use of silt fencing and erosion control blankets where slopes exceed 3:1. iii. Any retaining walls exceeding 4* in height must have an engineered design, which shall be approved prior to issuance of the site grading permit. C. WETLAND ALTERATIONS. Wetland alterations are approved as shown in attached Exhibits B6 through B-12, subject to the required buffer widths as shown in said Exhibit, and subject to the following conditions: i. Use of Best Management Practices for erosion control during construction. ii. Wetland mitigation is subject to approval of the Minnehaha Creek Watershed District as Orono's LGU for administration of the Wetland Conservation Act. iii. Wetland alterations are also subject to Corps of Engineers Section 404 Clean Water Act requirements. iv. Conservation and Flowage Easements shall be granted to the City over all City-protected wetlands (as modified). FOREST IMPACT MINIMIZATION. Minimization of impacts to the Big Woods portion of the property, as well as to other forested areas of the property, shall adhere to the following general requirements: A. Wetland buffers shall be maximized to the greatest extent possible in forest areas to protect the wildlife habitat value of the site and maintain the connectivity between the wetland and forest communities. B. Runoff or accidental application of fertilizers to forest and wetland areas shall be avoided. Final landscaping and grading plans shall be designed to divert runoff from these areas to the stormwater treatment ponds. Page 9 of 16 C. Disturbance of wetland and forest areas shall be limited to those areas shown on the approved grading/landscaping plans in order limit the expansion of exotic plant species within the site, and such species shall be subject to ongoing monitoring, and be removed by the applicant when detected. D. Native plant materials shall be utilized in plantings along forest and wetland edges. 5. SURFACE WATER RUNOFF QUALITY/QUANTITY A. DRAINAGE. The drainage plans for the site (Exhibits B-3 through B-13A) are approved subject to the following conditions: i. Storm sewer lines shall be extended to the normal water level of the wetlands or ponds. ii. A drainage culvert along the north side of Co. Rd. 6 tc direct drainage past the tunnel entrance shall be provided if necessary. iii. Drainage easements shall be granted to the City over all drainageways through the site. B. WETLANDS. Wetland variances and mitigation are approved as noted in condition 3.C above. The proposed sectional weir for controlling the elevation of Wetland #17 in Medina (Exhibit B-10) shall become a condition within the Developers Agreement, although the City recognizes that said wetland and control structure are located within the City of Medina and subject to Medina's jurisdiction. C. SURFACE WATER QUALITY. Applicant shall provide evidence that the appropriate permits have been obiwined from the Minnehaha Creek Watershed District, the Corps of Engineers, and the Minnesota DNR prior to City issuance of its land alteration permit. Applicant shall use low-maintenance turfgrasses where feasible to reduce fertilizer and pesticide needs. Applicant shall maintain the wetland buffers in a manner that maximizes their filtration and nutrient uptake fimctions. Putting green subsurface drains shall be located so as to discharge at a locations which allow infiltration through through wetland buffers wherever feasible. Applicant shall adhere to the proposed Turf Management Plan attached hereto as Exhibit C. Applicant shall obtain an NPDES permit from the Minnesota Pollution Control Agency if required. Applicant shall maintain membership Pag: 10 of 16 6. 8. in the Audubon Cooperative Sanctuary Program. FUEL & CHEMICAL STORAGE. Fuel and chemical storage facilities are approved as described and as shown on the approved site plan (Exhibit B-13A) subject to the appropriate federal and state agency and local permits and pertinent code requirements, and subject to appropriate natural screening to make said storage facilities completely invisible from off site. 7. INFRASTRUCTURE IMPROVEMENTS. A. SPRING HILL ROAD. If access to the site is provided from Spring Hill Road, applicant shall pay the actual costs of overlaying said road. The estimated cost of such overlay is $131,732. (jv B. HUNTER/6 INTERSECTION. Applicant shall design and have constructed an auxiliary lane for westbound County Road 6 traffic at the 6/Hunter Drive intersection, subject to approval of the Hennepin County Department of Public Works. C. COUNTY ROAD 6 ACCESS. Applicant shall design and have constructed an auxiliary lane for westbound County Road 6 traffic across from the entrance to the property, and shall similarly provide an eastbound acceleration lane, subject to approval ot the Hennepin County Department cf Public Works. D. TUNTIEL. The City will enter into a cooperative agreement with Hennepin County to identify legal and technical responsibilities for the tuunel under County Road 6. Applicant shall concurrently enter into a cooperative agre-'>ment with the City regarding said tunnel, and applicant shall accept all reassigned responsibilities for the tunnel as may be deemed appropriate by the City Council. The tunnel shall be designed and installed to meet all appropriate County and City requirements. E. TRAIL SYSTEM. Applicant shall work with the City in establishing a trail system to be dedicated to the City for public use as described in Exhibit D. . ■i SITE DESIGN Page 11 of 16 A. DEMOLITION. Applicant shall obtain the approporiate demolition permits from the City prior to demolition of existing buildings. Demolition debris shall be disposed of off-site in a legal manner. B. BUILDING CONSTRUCTION PLANS. Applicant shall submit building construction plans and obtain building permits prior to construction. Applicant shall submit a Certificate of Sur\ ey for the entire property before permits will be issued. Any substantial deviation from the preliminary plans attached as Exhibits B-14 through B-16 shall result in the need for further review by the City Council. 'Substantial deviation' for purposes of this condition shall include, but is not limited to: i. An increase in floor area of more than 10% of either the clubhouse, maintenance facility or concession stand. ii. Relocation of any building. iii. Changes which alter the nature of potential uses of the site, such as increasing the size of the dining room. C. LIGHTING. A lighting plan shall be submitted for staff approval prior to issuance of building permit. Such plan shall demonstrate lighting compatibility with the residential nature of the area, compliance with City codes and shielding so that the sources of light are not visible from offsite. D. OPEN SPACE PRESERVATION i. TREE REPLACEMENT & REVEGETATION PLAN. Applicant shall adhere to the tree replacement and site revegetation plan attached hereto as Exhibit E. VIEW PRESERVATION. Site grading shall avoid the use of berms which block vista-type views of the site from adjacent roadways. FENCING. Fencing of the site shall be of a low opaqueness, such as split rail or similar rural-character fencing, and sliall be used only where needed to indicate a demarcation between the trail and the golf course; e.xcept that security fencing shall be allowed for the maintenance facility if applicant deems necessary, but only if said fencing is screened from off-site view. II. 111. ON-SITE SEWAGE TREATMENT. The existing septic system serving the Page 12 of 16 9. Conference Center may continue to be used for the clubhouse. New septic systems to serve the maintenance facility and rest area building shall be installed per City requirements. All designated primary and future drainfleld sites shall be protected from disturbance during site grading and construction by fencing, which shall be in place prior to issuance to the City's land alteration permit. SITE OPERATIONS A. MAINTENANCE ACTIVITY. Applicant shall comply with with the pertinent City ordinances with regard to noise, vibration, odors, lighting, etc. B. SEASONAL USES. The level of Golf Club activity in the winter shall be limited to me following: i. Indoor golf instruction. ii. Golf-related clubhouse activities. 11. • • • 111. C. APPROVED USES. The City expressly approves only the following list of general activities allowed to occur on the property: i. Operation of private golf course. Golf course maintenance activity. Clubhouse operation, including golf pro shop; kitchen/dining room facility primarily for but not strictly limited to lunch service; locker rooms; indoor golf instructional facility; four (4) guest suites; storage; club offices. Ancillaiy activities related to the golf club use, including private receptions, meetings, etc. All other activities or uses not listed sLJl be ;*ubject to City approval and shall be reviewed in relation to their impact on the surrounding neighborhood. IV. V. 10. LAND ALTERATIONS. Applicant shall adhere to the approved site grading plan attached hereto as Exhibits B-3 through B13A, subject tothe following conditions: A.The-hours during which grading, tree cutting and tree relocation activity may occur so as not to be a disturbance to the neighborhood are limited to Monday through Page 13 of 16 4 -.4 B. C. F. Friday, 7:00 a.m. to 7:00 p.m. Tree relocation may occur Saturday 9:00 a.m. to 5:00 p.m. Grading or other activity involving heavy equipment may be allowed on Saturday from 9:00 a.m. to 5:00 p.m. only by special request due to weather or other factors and subject to staff approval. Applicant shall take whatever steps are necessary to minimize odors and dust during the construction process. Due to the existing condition of Spring Hill Road, heavy construction traffic shall be limited to the existing Co. Rd. 6 access. D. Applicant shall maintain local roads in a clean condition. E. The City retain the right to limit construction traffic on local roads if weather conditions result in an unsafe situation. Applicants shall adhere to the Best Management Practices for Protecting Water Quality in Urban Areas , including use of temporary sedimentation ponds, silt fencing, etc. Applicant shall place silt fence in the additional locations as noted in the letter on file with the City from Bonestroo & Associates dated May 6,1997. G. Applicant shall obtain a City-issued land alteration permit prior to commencing grading of the site. H. Woody debris from tree removal activities shall not be buried on-site but shall be disposed of in an environmentally acceptable manner. 11. FUTURE CONVERSION LIMITATIONS AND ADVISORIES. A. Applicant shall submit to the City a copy of the initial By-laws of the Spring Hill Golf Club. B. Golf Club membership shall not exceed 250 unless a revision to this CUP is granted by tl.e City, subject to any conditions the City Council at that time feels are prudent and in the public interest. Page Hof 16 C. This CUP is granted to Spring Hill Golf Club to operate a private, limited membership golf course. Conversion of the property to a public golf course shall not be allowed unless a specific revision of this CUP to allow such use is granted by the City Council. D. An amendment of this CUP will be required for construction of any future buildings proposed for the site, or for enlargement or remodeling of the initially approved pricipal or accessory buildings. 12. DEVELOPER'S AGREEMENT. Applicant shall execute a Developers Agreement with the City defining specific expectations of the Developer and the City in relation to the construction of the proposed public and private improvements associated with development of the property. 13. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for building permits and land alteration permits within one year of the date of Council approval, or this variance and conditional use permit will expire on tliat date (May 27,1998). 14. 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. 15. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 27th day of May, 1997. ATTEST; Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor Page 15 of 16 Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instmment was acknowledged before me on this 27th day of May, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 16 of 16 I list of exhibits resolution no. Exhibit A Exhibits Exhibit C Exhibit D Exhibit E Legal Description Plan Sheets; B-1 B-2 B-3,4,5 B-6,7,8 B-9 B-10 B-11 B-12 B HA V- »3L BN L .;A-F B-l6 Cover Plan Index . ^ * i Grading, Drainage & Erosion Control Clearing Disturbance & Wetland Mitigation Detail: Wetland & Drainage Control Detail; Wetland #17, NURP Basin 2 (Wetlands 5 & 6) Wetland Fill & Mitigation Areas Clubhouse Site/Grading/Drainage IMan Maintenance Facility Site/Grading/Drainage Plan Maintenance Facility Landscape Plan Pumphouse Plans & Elevations Clubhouse Plans a Elevations Maintenance Facility Plans & Elevations Turf Management Plan Trail Agreement Tree Preservation/Relocation/Reforestation Plan EXHIBIT A RESOLUTION NO. «o iI; mt i I?ag Si' !s^ Jl gSyg- i?y ;lil?Si 1%. 3 iAX r p f* N ^ u M r {;;! ?i|es4"inXmm ««ss« " g 3 Q o|S 'll ^ ^ ^ K C3 o ^ -4 5m O ?; a m Ci x' $ 3 C O » n sss oz f 5S5 fC5 $$$ m> o 3D 3D 2 > qS S o CO " H O C 2 QD => i 2 ^O o o H m CO o"n O 2 O 2 O II mMl - - fio fi® S ^ m 2J 5 35 2 m o ^O 2 CO > ■* %• > Oz z s ®o z m -I o a ®> or" H > O 2 r" i’ V-, CO 2 2 2 O 2 o O I" 2 O c \ 2 2m S 2 > 2 -< O O 2 CO o H O 2 > 2 CO 2 O 2 X! n PI Xss r w ^ H ^ COO J- ■2 ^y ;.v - ..■ _■ :-.. •'u\^' • :;v^' , : '•-A.---: ■■•-;. . . 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SPRING HILL GOLF CLUB- GOLF MAINTENANCE SUMMARY Spring Hill Golf Club will be designed with groat attention paid to the natural features that are indigenous to this site. Tom Fazio was chosen as the Golf Course Architect not only because of his reputation as the worlds top Golf Course Designer, but he is an architect who preserves as much of the natural topography and vegetation as possible in all of his designs. In addition, his golf courses are known to be playable by golfers of all skill levels, yet very challenging to the best players as well. PLANT MATERIAL Grasses During the plarming stages of this golf course, we will be choosing grasses that are most suitable for the climate in this region. The golf course greens, tees, and fairways will be creeping bentgrass that has been bred for the northern regions of the country. The primary rough will consist of a 70/30 blend of Fine Fescue and Kentucky' Bluegrass respectively. The Fine Fescue will give us quick germination and establishment while the Kentucky Bluegrass is added for durability during cart and maintenance traffic. The secondary rough will be comprised of a blend of at least four different varieties of Fine Fescues. We are also planning some areas of extreme rough which will be a blend of prairie grasses that are native to Minnesota. The secondare and extreme rough will be used in out of play areas for te.xture and contrast in grasses as well as providing a natural habitat for wildlife. Trees and Shrubs During construction of the golf course, every control measure will be in place to assure that we save as many trees as possible on site. The east side of the site will recei'^e the heaviest plantings due to the lack of trees on holes #2 and #3. We will be moving trees to these holes from the west end of the Spring Hill site where a tree nursery was established a few years ago. In addition, we will be bringing additional trees in from local nurseries as we need them during construction. Deciduous trees will be different types of Oaks and Maples as well as some mass plantings of Dogwoods if needed. White and Red Pines as well as Spruce trees may also be needed if our local populations on site are not enough. We will also have a local Arborist on site during and after construction to as.sure proper care is given to all trees on site. INTEGRA TED PEST MANAGEMENT Construction 'fhe IPM program will begin by providing the best possible growing conditions for the liafgrass during the construction phase. 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A.>a ■••r ■■■ • ■■ Aa.rv'^Avv,--.; •A:aA;- --iV-4>;A-yaAA,/AV • ■ ; ' .A- r.^. .ia^pvvaav^|;^^^pAa-a||^^;yv7:aj;,^g;^^^^^^ '■aaa a yMSi mmmim&*ym::g '■ ^ ygygmyygygygmygy -’^^: v -a ' * yg-mmy -liite^.S®S^sWA y -y. -A,yy .y yyyJIfey yA, ACSP promotes ecologically sound land management practices and conservation of natural resources. This program provides an advisory information service on how to conduct proactive environmental projects for golf courses. The Certification Process entails several different categories to achieve the ‘Signature” designation for new golf courses. These programs include such things as Environmental Planning, IPM Program, Water Conservation, Water Enhancement, and Wildlife Food and Habitat Enhancement. By establishing this program, Spring Hill Golf Club can and will enhance and protect wildlife habitat and water resources. IRRIGATION SYSTEM The irrigation system will be a state-of-the-art computerized system giving us great flexibility during our normal evening irrigation cycle. By using the latest computer programs, we will be able to control with great accuracy, when and how much water will be applied to specific areas. This will provide us with precise water management programs which will, in turn, apply water to the golf course in the most effective way possible. The computer will also have a weather station w'hich will monitor environmental conditions which will aid in our irrigation application decisions. From the data collected, we will be able to compute the amount of w^ater that the grass looses each day due to en\ironmental conditions (evapotranspiration rate) so that we can apply only the water the grass needs and avoid needless irrigation applications. Water will be supplied to the irrigation system by a 1500 g.p.m. variable frequency drive pumping station. The w'ater will be drawn from a well fed pond on the fifth hole. The pond level will be monitored with electric sensors to start and stop the wells as needed. GENER.4L The overall focus of this golf course will be to provide the golfers w ith the best possible playing conditions while impacting the environment as little as possible. We will do this by maintaining healthy turf through culturally and mechanically sound practices explained in the IPM program. We feel the culmination of these agronomic practices and our desire to blend this golf course with its natural surroundings, will give us the opportunity to provide a top quality golf course while acting responsible toward the environment. SCHOEL.L a MADSOM, INC. Mav2l,1997 Mr. Mi^c Gaftron rSS'ion no.. Tree p,eser%'aiion and Reforestation ded that the tree protection Tree Relocation are of good 5S£S: s“-s-71. “»;;77 _ „ „ , Where feastbie ^ ^ .crve to balance the area of 7 *=™ ,nd potent,ally hazardous hmbs. SCHOELL Sl MAC3SON, INC. Mr. Mike Gaffron May 21, 1997 wind in the planting area will be made. Additional soil erosion control measures are in section 5 a. Tree Preser\ ation All suitable trees to be removed will be harvested for lumber. All grubbed materials will be disposed of via chipping, burning or burying. Efforts will be taken during the grubbing to fell trees away from areas to be preserved and into future fairway areas. In an aim to prevent the spread of diseases, primarily Oak Wilt, any grubbing and construction done during the months of May and June shall be done in such a manner as to minimize wounding of any trees of the Red Oak family. WTiere economically feasible to do so, trees of this type that are inadvertently wounded will be dressed. Trees of the Red Oak family and Elm family that are grubbed will be disposed of via burning or chipping. This eliminates potential overwintering sites for members of the Niticiulidea beetle family in oaks and Scolytus miiltistriatus and Hylur^)pinus rufipes in elms. These beetles are vectors of Oak Wilt and Dutch Elm Disease respectively. Efforts shall be made to avoid the entry of grubbing and construction equipment within the area designated for tree preservation to avoid compaction of the soil and fracturing of roots by roping or temporarv- fencing. Additionally, topsoil that is removed and set aside during the grading will not be placed in areas designated as tree preservation to avoid effectively suffocatine the rootlets. W b. The possibility of change in the local water table can not be quantitatively detemiined vvithoi't an in depth hydrologic analysis. It is recognized that the conversion of forested areas to fairways will decrease the amount of evapotranspiration. The conversion may result in a slightly larger volume of water in wetland areas. The only basins this may have an impact on are the two isolated basins, not connected to the natural drainage system. This potential increase will not significantly effect the functions or values of these wetlands. c. Trees in some areas of impacts are proposed to be transplanted in natural areas on site. (See 2 b. Assessment of Habitat Impacts. 2 e. Mitigation of Habitat Impacts and 3 a. Tree Preservation) Other mitigation measures have been addressed through project design. ■.....................r f^jfjkt- i/e^s/ou ^3^01 RECORD OF DECISION ON THE SPRING HILL GOLF CLUB PROJECI ENVIRONMENTAL ASSESSMENT WORKSHEET WHEREAS, the Environmental Assessment Worksheet ("FJVW") for tlic Spring Hill Golf Club Project ("Project") has been reviewed by the City Council of the City of Orono, Minnesota ("City") to determine whether an Environmental Impact Statement ("EIS") is required for the Project; and WHERflAS, the City Council has reviewed the record in this matter, including the EAW, comments from governmental agencies and members of the public, responses to these comments, and reports of meetings between its staff and governmental agencies. Dosed on this review the City Council makes the following findings of fact and conclusions. FINDINGS OF FACT I. The EAW vs-as prepared in compliance with the procedures of the Minnesota Environmental Policy Act and Minnesota Rules Parts 4410.0200 to 4410.6500 (19<)3) as follows: a. The Proposer of the Project is Spring Hill Golf Club, a Minnesota Corporation (the "Proposer"). b. The project involves the creation and operation of an 18-hole private golf course. c. Tlie Project falls within the mandatory EAW category of Minn. Rules Pan 4410.4300, subp. 28 because the Project involves the permanent conversion of 80 or more acres of agricultural, forest or naturally vegetated land to a more intensive, developed land use. d. The Responsible Government Unit ("RGU") is the local governmental unit, the City of Orono. Minn. Rules Part 4410.4300. subp.! 4 (1993). The City Council of the City of Medina, in which a small portion of the Project is Page I of 8 n. Responses to the comments were prepared by the City with assistance from the Proposer as attached on Attachment C. 2. Substantive comments received during and after *he comment period have been responded to by the City and the Proposer. 3. The present zoning of the property upon wiiich the Project is proposed In each of the cities of Orono and Medina permits the construction and operation of a golf course with a Conditional Use Permit ("CUP"). 4 During the F^\W process and in the public meetings in Orono and Medina involving the CUP and related issues, concerns were raised with respect to approximately 43 acres of a maple/basswood forest on the northerly portion of the Project site containing many characteristics of the "Dig Woods" forest w hich predominated in this area prior to settlement. With respect to such forest area: a ilie forest consists mostly of second growth trees of an age and diversity resulting in many of the characteristsics found in the "Dig Woods". b. This forest has been designated Medi.na 26 in the DNR County Biological Surv ey and has been ranked "DC". The nearby Wolsfcld Woods ^ienlific and Natural Area (ranked "AD") and Wood Rill Scientific and Natural Area (ranked "B") arc deemed to be of greater ecological significance and contain some areas of primary forest. c. The creation of a 'green belt* of approximately 200 acres located between the two above noted Scientific and Natural Areas is deemed to be complimentary to the existing, public areas of the former "Dig Woods". d. There are minimal legal protections for "Big Woods" ecotypes as compared to those for w etlands. None of the regulatory agencies with authority ovxr the Project have specific regulations related to retention or management of forested areas. e. Residential development of the forested areas, as presently permitted under Page 3 of 8 f. applicable zoning codes, would result in the loss of the "Big Woods" cliaraclcf because of the fragmentation of the tree canopy by driveways, houses and other residential uses. The Proposer has taken various steps to mitigate adverse effects on the forested areas including: i. The design of the golf course has been altered iluough numerous iterations to provide for less intensive use of the land in the forested areas tlian in the non-f'•^csted areas. ii. Relocation and replanting of trees uill ameliorate some of the cfTects of placing the golf course in forested areas. iii. The course has been planned in such a way as to reduce the potential for "islands" of forested areas and has attempted to link forested areas together ns well as to retain forested areas in conjunction with adjacent properties. g. The Proposer has responded to the concerns of the Department of Natural Resources and the request of the the Council for additional analysis and documentation of the specific anticipated impacts on Medina 26, and has provided or will be providing such documentation, including documentation of the changes and impacts to the Big Woods and how those impacts have been minimized, an assessment of habitat changes by covertype for the entire site, identifying impacts to wildlife, and identify ing mitigation available to address those impacts; development of a Tree Protection Plan; development of a detailed Erosion Control Plan. h. It is the conclusion of the Council that while the golf course will have certain environmental effects related to the forested areas, those effects have been substantially documented. There have been and will continue to be efforts made to mitigate the impacts, both voluntarily a.id to be required as conditions within the City’s conditional use permit. The impacts arc not considered by the Council to be significant environmental effects, and no additional information would be gathered if an Environmental Impact Statement was ordered. 5. Wetland impacts have been addressed and include substantial mitigation resulting in a net gain in wetland acreage. Other pemiitting organizations, including the Minncliaha Creek Watershed District, will review' wetland impacts. 6. Permitting during the Project will result in further review of the wetlands areas, including, for example, the required DNR Waters Permit and the DNR Water Appropriations Permit 7. Other potential environmental impacts which do occur, such as storm water runoff and traffic arc mitigated by the Project design and subject to conuol through County* permits and regulations as well as City ordinances. 8. The golf course will preserv e the open space character of the area ai 1 will maintain natural rural vistas which is consistent w iih the guide plans of the cities for the Project area. Further, the Proposer will work with the City in incorporating a public Uail system on the perimeter of the Property*. 9. The Council has compamd the impacts that may reasonably be expected to occur from the project with the following criteria: a. Type, extent and reversibility of environmental cfTccls. i. A total of 2 1 wcllands comprising on area of approxlntately 23.6 fiCfts arc located w ithin the property, of which 1.41 acres arc proposed to be filled. However, 3.1 2 acres of new wetland will be created from uplands. The Council finds that the mitigation actions proposed by the Proposer w ill more than offset the loss of the 1.41 acres. ii. A portion of the land is currently in a forested or naturally vegetated state, a portion is currently developed for institutional-ty pe use and a portion is formerly agricultural but not used agriculturally for many years. TTie property is planned by both cities for uses other than Page 4 of 8 Page 5 of 8 undeveloped open space, and !he Council finds that thi** 'and use conversion docs not have a potential for significant environmental effects. iii. The Project w ill generate minor amounts of additional trafific. The ininsporation analysis indicates that the existing ro;.Jway system can readily accomodate the expected traffic volumes, and the Council finds that additional traffic does not have the potential for significant environmental effect. iv. Golf course use of agricultural chemicals has a potential to impact surface and groundwater. Hewever, extensive water quality modeling performed to satisfy fiA W requirements, including a nutrient budget analysis for Long Lake, indicates that die proposed NURP ponds and related site design elements provide a system which is predicted to result in an overall reduction in the pollutant loadings to Long Lake ns compared to runoff associated with the current land use. Ttie Proposer has indicated and the City will likely require a commitment to sound environmental management of the golf course, including implementation of such practices as turf management, integrated pest management, use of Best Management Practices including use and management of grass swales, and recycling of runoff via a pond-based irrigation system. The Council finds that the presence and use of agricultural chemicals docs not have a potential for significant environmental effects. b. Cumulative potential effects of related or anticipated future projects. i. The City of Orono anticipates future rural residential growih throughout the surrouiKiing area, 'fhe cumulative environmental effects of the Project combined with other nearby developments, will be typical of urbanization: increased land use, higher traffic volumes, increased water use, etc. c. Extent to which environmental effects are subject to mitigation by ongoing Page 6 of 8 public regulatory authority. i. The Council finds that impacts to wetlands, and the mitigation of those impacts, arc subject to review and pcmiit by the U.S. Army Corps of Engineers, the Minnest^ia Department of Natural Resources, and the Minnehaha Creek Watershed District. ii. The Council finds that should the golf course cause degradation of surlacc or groundwater, the Minnesota Pollution Control AgcrKry, the Minnesota Department of Natural Resources, the Minnesota Department of Health, the Minnehaha Creek Watershed District and the City have the authority to order corrective action and or rcr' xiialion of the problem. iii. The City will continue to have the ability to mitigate any impacts through its Conditional Use Permit authority. d. Extent to which environmental effects con be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the Proposer. i. The Council finds that the Project docs not limit the options for further mitigation of impacts available to other regulatory agencies. CONCLUSIONS AM) DETERMINATIONS NOW, THEREFORE BE IT RF^OLVED by the City Council of Orono. Minnesota that based up^m the foregoing Findings of Fact which incorporate the EAW, the comments to the E.^W and the subsequent responses, public testimony and the other materials submitted to Uk public record, the Council as tlie Responsible Government Unit makes the following determinations: Page 7 of 8 :'^=;'f-/A~'v; 1.The proposed Project taken in its entirely as a 200-acrc site and considering various mitigating factors, both voluntary and those required by the City and other agencies, docs not have the potential for significant environmental effects. 2.The requirements of the Minnesota Environmental Policy Act have been met by the Environmental Assessment Worksheet and »espon5cs to public comments prepared for this Project. 3.An Environmental Impact Statement (EIS) uill not be required for the Spring Hill Golf Club Project defined in the Environmental Assessment Worksheet. Adopted by the Orono City Council on this 21st day of May, 1997. Gabriel Jabbour, Mayor Attest: Dorothy M. Hnllin, City Clerk Page 8 of8 f 8 m. located, by resolution confirmed such a designation. An EAW was prepared by the City with assistance from the Proposer, who submitted completed data portions of the EAW to the RGU. Minn. Rules Part 4410.1400(1993). The EAW was prepared using the form approved by the Minnesota Environmental Quality Board (’’MEQD’*) for EAWs. Minn. Rules Part 4410.1300(1993). The City issued the EAW on March 9, 1997, and provided a copy to the MEQB on March 9, 1997. On March 9, 1997, the City submitted one copy of the EAW to all agencies listed on the official MEQB mailing list. On March 6,1997 the City provided a press release to the Lakeshore Weekly Nc\\3. the Laker and Pioneer, and the Sun Newspapers, which contained a notice of the availability of the EAW for public review. The press release also included the name and location of the Project, a brief description of the Project, the locations at which copies of the EAW were available for review, the date the comment period would e.xpirc, and the procedures for commenting. Notice of availability of the EAW and a summary' of the EAW were published in the EQB Monitor on March 12, 1997. The 30-day comment period on the EAW began on March 10,1997 and ended at 4:30 p.m. on April 9, 1997. Minn. Rules Part 4410.21, subp. 3 (1993). During the 30-day comment period wrinen comments were submitted as described on Attachment A. A Her the close of the 30-day comment period written comments were received as described on Attachment B. Page 2 of 8 ... To: From: Date: Council Michael P. Gaffron, Asst. Planning & Zoning Administrator May 27, 1997 Subject: #2209 - Spring Hill Golf Club - New Information Since Friday Memo 1.Revised plan sheets 12 of 13 and 13 of 13 reflecting route/design of access road using existing Co. Rd. 6 access. Letter from Hennepin County Transportation Planing agreeing to continued use of existing County Road 6 access location, subject to: construction of a westbound bypass lane - construction of eastbound right turn lane (and acceleration lane?) - ^ closure of all existing field entrances 3. MCWD conditional approval letter dated 5-23-97 4. Letter from Schoell & Madson (Karwacki) responding to Boncstroo May 6 letter regarding water quality impacts. 5. Crosby commenfs/revisions to draft approval resolution. 6.Revised cover page of staff memo noting corrected dates of last Council meeting as May 12, not April 28! Council may have noted that resolution Exhibit D, the Trail Agreement, was not included in the packet. I am advised that this document has yet to be finalized, so Mr. Flint and Mr. Crosby can provide you with an update on this issue. r’: ; • P- : • .••‘■■-' . r--^. .'•■'.■•■ '-.v •■ ■.'■ -•:4'V. ' \-s ■:•■ • •: ■ ■ ,.. '■ V : ’ s> : ; ■:>;•. V;' ' ; ■. »-; _ -■ '-''yypy.yMiy '.';->;.r •.■■■..■' Vv- •• ’’f ■ ■* '■ ■■^ V': . .•!■,•. J.fej , • -.• ••:■ ■■. ■ fv V>- V ^• - • ■ V V - >. • • .- ‘v: - SS'..: "-ySa ■. :■ ■■ ^<yyyyy r • ■»- . , • ..• / ^ ■ :j- ■ . :• ,■■.■- •■.' ,'. >.-. Hennepin County An E^fujl Oppor Iluiily Employer . *1 ' Hay 23, 1997 i 1W1C< c\i'< O’" Mike Gaffron City of Orono 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 Re: Spring Hill Golf Course Access, CSAH 6, Orono Dear Mr. Gaffron: Hennepin County has received further information regarding the above-noted site provided by Mr. Crosby, attorney for the developer. After extended review and discussion of these issues, and the requirements being contemplated by the city, Hennepin County will permit use of the existing Spring Hill Conference Center driveway onto County State Aid Highway (CSAH 6). Although its location does not provide the recommended westerly sight-distance for the posted 55 MPH speed limit, it is above the acceptable minimum. An entrance permit will be required which will have the following provisions. First, as previously discussed, a westbound left turn/by pass lane on CSAH 6 will be necessary, as will the removal of all existing field entrances. Second, an eastbound right turn lane will also be required. The technical details of these auxiliary lanes will be addrersid during the permitting process. Finally, Hennepin County is asking hat access control rights be dedicated along all county rights of way as part of the rez^ning/CUP. This action will provide clear, specific definition of access rights the vicinity for any future development/ redevelopment and assure the future sai, ind effective operation of CSAH 6. Thanks again for your patience and support in this matter and please feel free to call Dave Zetterstrom at 930-2548 or me at 930-2680 with any questions. Sincerely ■ Thomas U. Johnson, P.E. (/ Transportation Planning Engineer TDJ:DKZ:jrh cc: Tom Crosby, Faegre & Benson Ken Adolf, School 1 & Madson Greg Gappa, City of Orono Loren Konnen, City of Medina Dppartnirnt of Public Works .^20 Waiihiri^lcn A vltojc Soulii Hopkins. Mirmcsotij 55343-8496 (612)930-2300 FAX;(612)930-2513 TDD (612)930-2696 Minnehaha Creek fey Watershed District Improving Quality of Water, Quality of Life Gray Freshwater Center Hwys. 15 & 19. Navarre Mail: 2500 Shadywood Road Excelsior. MN 55331-9578 Phone: (612) 471-0590 Fax: (612) 471-0682 Email: adminSmnwatershed.org Web Site: wvm mnv/atershed.org Board ol Managers: John E. Thomas President Pamela G. Glixt Vice President Monica Gross Secretary Thomas W. LaBoiinty Treasurer C. Woodrow Love Thomas Maple. Jr. Malcolm Reid District Oltice: Eugene R. Strommen District Director May 23. 1997 rf.ceivhd Mr. An ’rew Hunter ^ ^ Spring Hill GoK'CiLib ^ 700 Spring Hill Road Wayzata. MN 55391 Rl*; MCWD Pormii Application #97-25 Dear Mr. Hunter: The above mentioned permit application was reviewed at the May 22. 1997 Minnehaha Creek Watershed District Board of Managers meeting. At the recommendation of ..to MCWD consulting engineers, the Board of Managers approved the application with the following conditir is: Adopt the use of Best Management Practices (BMP's) in accordance with those published in (Juan! ity und Quality of Runoff from Four Golf Courses in the Twin City Metropolitan /Irea (.lohn Barten. September. 1995). Receipt of fmal plans showing revised buffers and pond designs Receipt of copies ot applications to appropriate agencies for a.ssociatcd permits (MPCA. NPDES. etc.; Determination of the amount of the performance bond Receipt of a signed maintenance agreement for the NURP ponds. Reimbursement of mailing costs for notification in the amount of $46.89 Payment of Rule .1 fees in the amount of $1109.30. Due to the size and complexity of certain projects, the Board, by Rule .1. requires that site inspections be conducted. In these cases, the applicant is required to pay to the District, a fee equal to the actual costs of analysis of the project. field inspection, engineering services, legal services, and any subsequent monitoring of the work, fhese costs are referred to as Rule J fees. When the above conditions have been met tlie District staff will issue the permit. Work on the project may not begin until the permit has been i.ssued. Suzanne M Weedman Asst. District Director • ■■ ■, \ ■■ f *• *1 ■ .-*: i■ r;: FROM :SCHOELL c- riMDSOrj 612 546 9065 1397.05-2T 10: 3 ‘tt933 P.02 03 a Schoell Sl IVIadson, Inc. ^ngr/n^ens • Sun\^G>y<Dns • f^/snners So/f TestffiQ • Envircjnmenca/ Ser\//cos ^^'nnetonkEj mN E:S305-15£>B ^ax 612-5^6-9065 May 27. 1997 Mr. Michael P. Gaffron Assistant Building and Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, MN 55323 Subject Review Comment Response, Spring Hill Golf Course, Orono, MN Dear Mr Gaffron; m-,w« ■J’’'^<'smifted herein are the responses to the water quality impact comments made /; uonestroo s review letter dated May 6, 1997 W Q' i* i.ty.H^yle-by-l lo!e_CQm mont Responses Two rr- :,,ods of treatment are proposed for the green and tee box tiles: 1. Drainage into NURP basins (where possible). 2. the fairway edges which allows for overland flow treatment in the buffer and natural areas bG^veen the til© outlet and wetland. irLolo>bv -Hole Accounting Hole Nos. 1.4, 7. 11. 16. 17 and 18-ok Erosion control fence extended north up and onto road embankment m°NnRP'o north to minimize short oimoiting in NURH basin 3. oreen drain Hies will connect to proposed club house Storm sewer and drain to NURP basin 3. Erosion control fence extended southeast to protect wetland 4. Erosion tTe ootlirto b™' 2 Hole No. 2 Hole No. 3 Hole No. 5 ..V >• • •" .- ea^d^ €h '-aiil FROn :SCHOELL Z- flPDEtUN G12 546 S065 1997,05-27 10:-iS »93S P.03 03 SCHOELL & MADSom, INC. Mr. Michael P. G^iffron May 27. 1997 Hole No. 6 Erosion oon.ro, fence ex.onOer, along sou.h edge of NURP basin 1 ® vvXnr“""°' ^dge beferaen can path and Hole No. 9 Erosion control fence extended between tee box and t= Green drain tile will outlet at fhps f »s Tarnarack Drive from wetland 17. ^ vvetland buffer about 50 feet Hole No. 10 '*’he tee box will be constructed with a i wifi not be used. Tile will outlet throuah ti h'retaining wall. Timbero,..n :::7szt::.‘sssz::„ to.iM teiKi™ Hole No. 14 Erosion control fence extended around mitigation area. Hole No. 15 Erosion control fence extended to the south on both sides of dra.noge If you have any questions or comments, pleaso feel free to give us a call Very truly yours. JRK/cj cc: Spring Hill Golf Club John Karwacki 05 -27'97 14:14 FhEOPE Htl[' FEII'FOtl - 6124730510 NO. 24S ‘ 00]• faeigre : a* beinson 2?00 hiO«-vCbT CcmCP »0 SOwTIh acvCNTM ^T«CC» miNNCADO lIS, M.n *^C50Ta 93.»O2-3S0i »•»/ 3 3 «J *:iOOQ FACSIMILE TRANSMirrAL SHEET Minneapolis Fajc Center (16ih Floor) Facsimile So. 615/336-3026 Rapicom 120/200 intended for the use of the person to who .m it is addressed and CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM*DISCI n. SURE UNDER APPLICABLE LAW. IF YOU AUE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DIStRIDUlTON, OR COPYING OF THIS COMMUMCATION IS STRICTLY PROHIBITED. IF YOU HAVE RF.CfelVED TIDS COMML'NICATION IN ERROR PLFASE ^ IMMEDIATELY NOTIFY US BY TELEPHONEAND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERfYiCE. THANK MESSAGE TO US AT THE TIME:__P L^^DATE: /7 >->( •:>_________ NUMBER OF PAGES BEING TRANSMITTED (including this page): 13 TO:________Ct>~ _______ COMPANY/FIRM: CITYAND STATE: C.O O TELEPPIONTE NUMBER:FACSIMILE NUMBER: YO? FROM:Thomas M. Crosby, Jr. TELEPHONE NUMBER: 612/336- 3127 FACSIMILE NUMBER: 612/336-3885 IF YOU DO NOT RECEIVE ALL PAGE.S, PLEASE CALL: Carmela F. Koehler ut 612/336- 33 7 9 DOCUMENT(S). EING TRANS-MITTED:vvxxr MESSAGE TO ADDRESSEE:VU.U 10/90 OCNVC«DCS HOIN C 5 WASNINCTON. O.C.LONDON FRAN K ry R T C^i'27'97 14:14 05/23 15:28 1997 FROM: CITY OF ORONO FhEGPE Htl[' EENSOfl - 6124730510 6124730510 TO: 6123363026 MO. 243 P02 ^6124730510 05/22/97 PAGE: 4 14:32 0 :04/20 N0:910 A RESOLliTION GRANTBNG VARIANCES AND CONpITIONAL USE PERMITS FOR SPRING liJLL GOLF CLUB FLlE #2209 WHEREAS, the City of Orono (hcTcmafter "the City") Li a municipal corporation organized and existing under the la>vs of the Stale ofMinnesota; and WHEREAS, the City Council of tfie City of Orono has adopted zoning rcgulationn for the orderly, economic and wfc developmeni of land v^ithin the City; and WHEREAS, Spnng HiU Golf Club (hereinafter "applicant"), a Minnesota non-proSt corporation, has an interest in property located at 700 Spring Hill Road and other adjacent and nearby parcels, legally described in ExhIt U A attached and collectively referred to hereinafter as "the propeny"; and WHEREAS, the applicant has made application to the City for a conditional use permit (CUP) per Mumdpal Zoning Code Section 10.28 Subd. 3 and 10.29 Suhd. 1 to allow operaUon of a golf course within the RR-IB and RR'lB-d zoning districts; a variance to Section 10.03, Subd. 9 to allow construction of an individual accessory structure of 10,000 s.f. in footprint aroo where a maximum individual ucces.sory structure footprint of 3,000 s.f. is allowed, and to allow a combined footprint area of ail accessory structures of aj^iaoximately 12.000 s.f. when; only 6,000 s.f. combined total is allowed; a variance to Section 10.55, Subd. 8 to allow filling, grading and excavation within and within 26 feet of City-protected wetlands; a variance to Section 10.56 Subds. 16(1) & (J) to allow intensive vegetation clearing and placement of fill within a bluff impact zone; and a conditional use permit (CUP) per Section J0.03 Subda. 19-21 m ollow lond alterations involving movement of approximately -36^;^ cubic yards of material within the site. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINKINGS This application was reviewed as zoning file t/2209. The property is located partitilly within the RR-IB Single Family Rural Residential Pago 1 of 16 05"27-97 14:14 05/23 15:29 1997 P90M: CITY OF ORONO FhEGPE hIIE' BEMI.QN - 8124730510 6124730510 TO: 6123363026 ^ 6124730510 C: Z22/97 1 10. 243 ’ C?07 PAGE: fl 14:32 0 :06/20 NO:910 RR>1B*1 zones. C. The potential negative visu»'J impacts of a single oversize accessory structure cdi|^ be mitigated more readily than those of the multiple structures wfcuch would be nccessaiy to serve the golf courso use if the variance is opt granted. D. The appUcaiiis have demonstrated that the negative visual impact* of the proposed:structure can be midgaled by screening with bems and tree planlingjt, tu result in no visual impact on neighboring propertie.s or roadways. E. A combined total of approximately 12,000 s.f. of accessory buildings is not excessive given the 200*acrc area of the total site. 8. Variances requested for impacts to City-designated wetlands include: - Excavalion of a 0.53 acre portion of the 0.79 acre Wetland #2 to create a NU’itP pond, with an additional 0.16 acre of upland being converted to wetland. The City-required 26' buffer will be maintained. - Filling of a (»,88 acfO portion of 1.92 acre Wetland #5 to create part of Fairway excavation of a 0.84 acre portion of the wetland to create a NUBIP pond, and excavation of 0. t S acres of upland to create new wetland, TTie required 26' setback will be maintained around the NURP basin. Filling of a 0K)7 acre portion of 0.70 acre Wetland #12 to create port of Fairway #7. A 26' buffer will be maintained except for along the 260' wetlanddtll line. Excavation of 0.57 acres of upland adjacent to 3.50 acre Wetland #15 cKpoad-tlda wctlemd-to 0.57 acres. The 2o' buficr will be maintained. Page 3 of 16 05 2? 97 14:15 05/23 16:30 1997 FROM; CITY OF ORONO FhEOF'E hN[' EEMSOII - 9124730510 6124730510 TQ; 6123363026 W 6124730510 05/22/97 110. 248 P04 PAGE: 8 14:32 (5 :08/20 N0:910 \ V 11. 13. ihc stormwater monagemenv plan for the site. Steep slopes along the south central and southeast portion of the propaiy meet the City’s Shoreland Ordinance definition of 'bluff features, and are in the Shorcland District Both areas vvill be impacted by grading and tiw removal for construction of the golf course. The applicant has addressed satisfactorily the City's concerns regarding visual impact and erosion control. pie proposed golf course grading will remove trees from the central 1/3 of (hr bluff impact zone in the area of fihe former gravel pit on the .site. The Applicants have modified the originnl proposal to reduce the impacfs on the Muff, including elimination of a proposed tee on Hole relocation of the cart path on Hole #5 to allow a minimum of 120' of undistrurbed vegetation adjacent to Spring Hill Road; reduction of the grading ofi the bluff slope on the west side of the 'bowl'; and reduction in the tree clearing on the bluff slope on the north side of the bowl. In the area of the bluff affected by-tlic proposed driveway leading to the clubhouse from Spring Hill Road, the driveway has been relocated northwurd to the shoulder of the bluff to allow the existing Ircies to remain .is a screen to minimize the visoiaj impact of the driveway in the bluff impact zone. The resulting impncls to the bli^ impact zone include: tnmminf^alongiHole ^ 18 &t the top of the bluff slope (u provide o right line to the green. B. Trimming and selective clearing on the cast side of the bowl below the ^5 lees to provide an adequa^ sight line to the fairway. C. Grading and related free clearing on the west side of the bowl to providw £ .sight line down fairwpy U5. D. Driveway at the top of the bluff impact zone east of the clubhouse. The Council finds that the proposed impacts arc necessary to accomodate the proposed golf course use, arid further finds that the proposed impacts to *he bluff impact zone have been minimized such that the impacts are not in confl’ viii the 1980 City of Orono Coramtmiiy Management Plan (‘’Comprehensive P» , % -ich contains a number of generpj land use and cnvironmcotal protecUo*: goe,'‘ ^ policies in regard to preservs^tloa of narura! lake shorelines. Further, tha t;piicanl has agreed to tike wltaievcr erosion control steps arc necessary and provided an Page 5 of 16 05 '^27-^'97 14: 15 05/i»3 15:30 1997' from CITY OF ORONO F hEOPE HtlEi ECHEOtl - 9124730510 6124/30510 TO: B123363026 © 612W30510 05/22/97 MO. 248 ‘ P05’ PAGE: 9 14:32 0 :09/20 N0:910 14. 15. 16. 18. erosion control plan for the site. Tlic Council finds thM propi^scd impacts on the 43 acre Medina 26 ’Big Woodb' site located 2/3 in the City of Medina and 1/3 in Opono, have been suitably addressed through the EnvironmentaJ Assessment Worksheet review process The applicant has demonstrated the racnsurcs taken to date to minimize the area area and type of Big Woods impacts and has rrvised the course layout a number of Umes to result in reduced tree loss, greater connectivity between forest .segments and wetlands and reduced impact on wildlife habitat. The Council further miles that no City ordinances currently prohibit the applic.mt from total tree removal in this Big Woods area, and that thl.1 conditional use pcr?nit and site layout approval acts to afford a measure of forest protection that would not otherwise be possible under a strictly conforminc single family residential dciiclopment. The City has a need for drainage easements over drainageways on the site, as well us con.servation and flowage easements over wetlands on the site, to preserve the public benefit of these natural features. The applicant has agreed to work with the City in establishing a trail system within or adjacent to the site. The Council finds that while the clubhouse driveway proposed to access to Spring Hi ll Road may be mi tigated in relation to its impacts on the MuiT, the location of said driveway has potential negoilve impacts on the Spring Hill Road neighborhood by causing cxccs.sive irafTlc for said residential neighborhood and causing additional MUesa on the roadway surface. Based on these conclusions, the Council finds that it is inappropriate to have the golf course access onto Spring Hill Road, and further., finds that it is most ^propriaje to require that access to the golf course be via(Cmmiy Road 6. The Council ftirrher ;finds that it is appropriate for the applicant to i^e anv Vosafety improvements tt^ounfcy Read 6 as may be deemed ticccssr^ by the Hennepin County Public Works Uepartment, The Council finds that the proposed golf coun>e umstruction proces.? which Is expected m take up to 2 years^ may have negative impacts on the neighborhood due to dust, noijCt etc., and finds ’(hat it is appropriate for the City in its Land Alteration Page 6 of 16 CF. 2? •?? 14:16 FhEGPE hMD BEUSOH - 6124730510 (10.243 006 05/23 «5:32 1997 FROM: 61247305‘»0 TO; 6123363026 PAGE: 11 CITY OF ORONO ^6124730510 05/22/97 14:32 S :11/20 N0:910 of 3,000 s.f. is allowed, and to allow a corohined footprint area of all accessory structures of apppoximaicly 12,000 s.f. where only 6,000 s.f combined total is allowed; and a variance to Section 10.55, Subd. 8 to allow filling, grading and excavation within and within 26 feet of City-protected wetlands; and a variance to Section 10.56 Siibds. 16(1) A (J) to allow intensive vegetation clearing and placement of fill within a bluff impact zone; and a conditional use pennit per Section 10.03 Subds. 19-21 to allow land alterations involving movement of approximately cubic yards of material within the site; per the plans and specifications attached hereto as Exhibits 13-1 through B-16, subject to the following conditions; •\ 1.REZONING. Prior to January 1, 1998 the applicant shall apply to the City for reining of those portions of the property currently zoned RR-lB-1 One Family Rural Residential Subdislrict from RR-lB-1 to RR-IB, One Family Rural Residential District. I (J*«vv“y If ^ 7 ? ^ 2. LEGAL COMBINATION. Prior to twonEcam build^ng-p«rroite. land okcTatieii pemiitfl or- Cit}' issued F^rinits, applicaiat shall show evidence that all parcels comprising the / property liavc been legally combined for Olx purpo.*;e,s If Hcru.epin County will not allow such combination for whatever a’a.K>n, applicant shall execute and the City Attorney shall file on the chain of title a "Special Combination" document reflecting that said parcels shall remain in common ownership and may not be sold seporatcly without City approval. As an ttltcmative to legal combination, applicant may plaj the property, which may allow for a more efficient granting of cascmeTils. 3.VARIANCES. A. OVERSIZE ACCESSORY STRUCTURE. The only individual oversize accessory structure approved hereie is the maintenance facility to be located as shown on Exhibit B-13A attached. Such faciiiiy shall be screened from view from offsite locations per the landscaping plan attached as Exhibit B-13B. The only other accessory structures approved on the property include tl;c following; . i. Chemical storage building located at the maintenance facility. ( ii. Open storage* bins located at the maintenance facility. iii. Concession riLi^ocalcd nw the tunnel. iv. Pumphouse. ^ Any future additional accessory buildings proposed shall be subject to an amendmait of this Conditional Use Permit. Page 8 of 16 05'27'?7 14:1b C5/23 15:32 1997 FROM: CITY OF ORONO FhEGPE Htl[' E:EMEOM - 8124730510 ei2473C510 TO: 6123363020 (lO, 24'r* Pu t PAGE: 1? 14:i2 |5 NOryiO B. LAND&VEGETA-nON alterations IN BLUFF IMPACT ZONE. All areas to be disturbed within defined bluff impact zones shall be subject to: i. Adherence to the revised (pudiny and vegetation removal plans attached hereto as Exhibit B*12. il. Use of Be«,l Management Practices for erosion control during constructiort including but not limited to use of silt fencing and erosion control blankets where slopes exceed 3:1. iii. Any reiainirig walls exceeding 4' in height must have an engineered design, which shall bo appros'cd prior to issuance of the site grading permit. C. WETLAND ALlTilRATIONS. Wetland alterations are approved as shown in attached Exhibits B6 through B«'J2, subject to the required bulTer widths as shown in said Exhibit, and subject to the followir^ conditions: i. Use of Best Management Practices for erosion control during construction. ii. Wetland miration is subject to approval of the Minnehaha Creek Watershed District as Orono's LGU for admlalstration of the W'ctland Conservation Act Hi. Wetland aliajntions arc also subject to Corps of Engineers Section 404 Clean Water Act requirements. iv. Conservation and Flowagc Easements shall be granted to the City over all City‘protected wetlands (as modified). FOREST fNfPACT M1N1MIZAT1C5N. MinimiTaiiOQ of impacLs U) the Big Woods portion of the property, os well as to other forested areas of the property, shall adhere to the tbibwing general requirements; A. Welland buffers shall be maximirjjd to the grcal '«t extent possible in forest arena to protect the wildlife habitat value of the site and maintain the connectivity between the wetland and forest communities’.' B. RunotT or Rccidental »pplic«tion of fertilizers to forest and wcila»»d areas shall be avoided. Final landscaping and guiding plans shall be designed to divert runoff from these areas to thg stormwater treatment ponds. age 9 of 16 707 05 27 97 14:17 FhEOPE hI IE' EEMSOH - E12473051005/23 15:33 1997 FROM: 6124730510 TO: 6123363026eiTV cr eR0(i6 ■V-.:/•-..-v-.r, y^rsns!^- ™'>i 0 i'12A?J0t10 110. 243 P03PAGE: 130:;;CC/9? U,32 QI .13/20 H«.910 C. Disturbance of wcUand and forest areas shall be limilai to those areas shown on the approved grading/landsca;^ng plans in order limit the expansion of exotic plant species within the site, and such species shall be subject to ongoing monitorina and be removed by the applicant when dciicctcd. edges. D. Native plant maioriats shall be utilized in plantings along forest and wetland 5. SURFACE WATER RUNOFF QUAUTY/QUANITI Y A. DRAINAGE. The drainage plans for the site (Exhibits B-3 through B-13A) arc approved subject to the foliowiiig conditions: i. Storm sewerilines shall be exumded to the normal water level of the wetlands or ponds. ii. A drainage culvert along the north side of Co. Rd. 6 to direct drainage past the tunnjel entrance shall be provided if necessary. Drainage eaapsous shall be granted to the City over all drainageways through the ate. 111. B. WETLANDS. Wefiand varmnees and mitigation arc approved as noted in conihtion 3.C above. The proposed/sectional weir for controlling the elevodon of Wetland fi]7 in Medina (Exhibit B-10) shall become a condition within the Developers Agreement, although the City recognizes that sTjid wetland and control stiucture arc located within the City of Medina arid subject to Mcdijaa'a jurisdiction, C. SURFACE water QUALITY. Applicant shall provide evidence that the appropriate permits have bee.n obtained from the Minnehaha Creek Waterahed District, the Corps of Engineers. tmH the Minnesota DNR prior to City issuance of its land alteration permit. Applicant shall uso low-maintenanc-e turfgraasca where feasible to reduce fcrtillzttf and p^icide needs. Applii^nt shall maintain the wetland buffers in a manner that maximizes their filtration and nutrient uptake functions. Putting green subsurface drains shall be located so as to discharge at a locations which allow infiltration through throu^ Welland buffers wherever feasible, Applicant shall adhere to the proposed Turf Management Pl^i attached hereto as Exhibit C. Applicant shall obtain an NPDES permit from the Minnesota Pollution Control Agency if required^^'Applicant shall.mainlain membcriihip p,geioon6 r~7rr^> \ \ X \ V ...V\ 'h;: v-<;',v ?-■:■ ■: -V \ *7-;--77:V ■ V. /4:7 * K-V V 72 ir- [7'•. ♦ ' * ' ;< I ' V- 7-;-* 12: ^ir L.- . W ■ '7. ; . , ,:V- 2'"' ; V-:' 77.-472.-'‘7.;.\.‘2'-’ .I2 ■ ■ ■ 27'2' 2^ 2-A, ■2 x 7 7227.'.7:-/. :Tv7 -.2 h,' ^ V , 2., • ^ ^ 2' 7 ■- ■ ■ ■ •' ■ 22:2'2 2^2 • 2, ■" '• ,• : 2 2; • : -2 ‘ •. •• . .2 v2-v'- :• . 7 V ,2' ^ : 2. ..’1 ;. 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'_ • • ■; ^ : ■■ :■■ 3^*1 A-' ■ V . •■..AA • ■ :'i ^ ;.. ■• : *■ ■ :s - ■ ' V * V'/A, ■.:•■ -i- '■■ • ‘v-’ v'A •'••^'.'ir‘* V A -.V^SiA- :.A-A ■s ^ w'sfs i-rt.:*?' i ■' ■ • ■ <■'•' - ■ > .: ^-A:>a..>a,a; :vV..a‘..:-.5.., :,; A.::t, a-=-" •.•. .- , v^- V. v-"- v-., -••.■■ ■. ■, ■; ■' ••- ■ ,' ■■ -.iim- :;-w-v^v/v-; /.S,::,;;* ■ ■•:-;S A v-vv::H ■ " ^ 3.'.'.y . :. y-' '.'■ •: ■ A i '.■■■.■•■ ■ ':-i V ••• ■ ■ A „.-:'-.V VI- •' :M::1 : 17 FROM:FhEGF'E hME' BEI I'E'OM - El247305106124730510 TO; 6123363026^ 6124730510 05/22/97 110. 24S COO1 4PAGE:14:32 (5 :14/20 N0:910 ci<j^>v >tV-< (!> # K Audubon Cooperative Sanctuary Program. ’LA CHEMtCAL STORAGE. Fu.1 and cUical s,o«ga facilities ant approved as itW md os shown on the approved site plan (^bit B-I3A) subject to theaporonriate RASTRUCTL’RE IMPROVEJ^NI S.S.^ d. applicant sh21pi» Ihe actual costs of ov^yi)g‘taid Sl^f ™h lay is $131,732.-. wcyauMjlCU W3l OI 3UCQ T im ow Uu.>/> fTP (j-A.- B. HUhmR/6rNTERaECTION.^licani shall design artd have coiWnKtrf uxiliiity lane for westbound County Road? traffic at the tVHunier Drive inieisection. xt to approval of the Hennepin County Department of Public Works. i.iuarv . 6 ACCESS. Applicant shall design and have constructed ^toj^mte for westbound Cbtmty Road 6 traffic across from Ihe entrance to the Tty.an^.ll.,., ..I.ii. .. i' u ...... . . ................................... [ennqiift County Department of Public Works. e ^ ® coopemt: /e agreement with Hennepin ly to Kl^nfy legal and lechniclU responsibiliUes for the immcl under County Ro3^6. ^tsMl wncurrently enter ink) a cooperaUve agreement with die City leganiing said ^and applicant shadl accept all rcstsiigned responsibilities for the limnel as may be ad ap^protc by the City Council. The tunnel shall be designed and installed to meet E. TRAIL SYSTEM. Applicant shall work with the City in establiahing a uail n to be dedicated to the City fOr public use us described in ExhIbH D. 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"^^^P§|AAil^ft'A;ii|^^ ’i^zX.X'X.X X.-= v -‘-; - ■-_••05 27.'97 14:1805/23 15:34 199/ FROM;CITY OF ORONO FhECiPE hME' BENSON - 61247305106124730510 tq. 0123363028W 6124730510 0^/22197 NO. 248 DUPAGE : 1714:32 0 !l7/20 N0:910 Friday. 7:00 a.m. to 7:00 p m. Tre* relocation may occur Saturday 0;00 aj« to 5-00 p.m. Grading or oih'r activity inwbWmg heavy equipment may be allowed on Samrday from 9:00 o.m. to 5:00 p.m. oriyb)' opaoiol -requeit due tu ty tagiu ui uUmi'- ■fi<;l«ro and ' subject to staff ppprovaJ. B Applicant shall taJee whateyisr steps arc necessary to mimmize odors and dust durinc the construction process. * Due to UK C-JS*1E condition of Spring Hill Road, licavy ojnstnjction traffic jhaU be 'o the existing Co. Jld. 6 access. Applicant sludl maintain local roads in a clean condition. E.The City retain the right to limit construction trafilc on local roads if weather conditions result in an unsafe situarion. F. Applicants aliaii adhere to Qual ity in Urt>an Arrnn , including use of temporary scdimentaiion ponds, silt fencing, etc. Applicant shall place sUt fence in the additional locations as noted in the letter on file with theCity from Bonestroo & Associates dated May 6,1997. AppUcant *all obt.ir o aty-iseued land alteration permit prior to eommracins grading of the aite. ® H. Woody debx;. from tree removal activities shall not be buried on-site but shaU be disposed of in an environmentally acceptable manner. 11 . future conversion Limitations and advisories . A. Club. Applicant shall submit to theCity a copy of the initial By-laws of the Spring Hill Golf B. 250 unless ft revision to this CUP is oranicd Itme'pubtim^l,”"’' Page 14 of 16 V’.'Vffrll [•• ■ ■ .:•• ;;-4 i V 7' fT4 kViJ 05 27 97 14:19 05/23 15:35 1907 -ROM: CITY OF OnONO FhEGPE and BENSON - SI24730510 6124730510 TO: 6123363026 ©6124730510 05/22/97 NO.24S P13 PAG2: 16 14.32 0 .18/20 N0.910 9* *;^C' ^ C. Ttis CUP is granted to Spring Hill Golf Club to operate a private, limited membership golf course. Coovereion of the property to a public golf course shall not be allowed unless a specific rcviiion of this CUP to allow such use is granted by the City Council. D. An amendment of this CUP will be required for constnjction of any future buildings proposed for the site, or for enlargem<‘nt^ remodel in|of the initially approved pricipal or accessory buildings^ ^ 12. DEVELOPER'S AGREEMENT, /applicant shall execute a Developers Agreerueni with the City defining specific expcctariosis of the E>cvclopcT and the City in relation to the construction of the proposed public nnd private improvements associate with development of the property. 13. Authorities grunted by this variance run with the property not with the applicant, b»rt arc permissive only and must be exercisied by application for building permits and land aJlcrotjon permits within one year of 0)c date «f Council approval, or this variance and conditional use permit will expire on that dale (May 27, 1998). 1 4. Violation of or non-complianct wiili a.iy of the terms mid 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. 15. The undersigned applicant has rci:)d, understood and hereby agrees to the terms of this resolution and on behalf of himscIL his heini, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Coimc;! of the City of Oroco, Minnesota at a regular meeting held on the 27th day of May, 1997. ATTEST: Dorothy M Hallin, City Clerk Qabricl Jabbour, Mayor Pago 15 of 16 REQUEST FOR COUNCIL ACTION Date: May 23, 1997 Item No.: Department: Name: Michael P. Gafl'ron Title: Asst. Planning & Zoning Administrator Administrator Approval:Agenda Section: Zoning Item Description; #2209 Spring Mill Golf Club - Variance/CUP - Resolution Zoning District: RR-IB One Family Rural Residential District, 2-acrc RR-lB-1 One Family Rural Residential Subdistrict, 2-acre List of Exhibits A - Draft Resolution and Exhibits B - Final Veision of EAW Record of Decision Adopted 5-21-97 \ On May 12. 1997 Council directed that staff prepare a resolution, including findings, conditions and exhibits for approval of the CUP and variances for the Spring Mill Golf Club. These documents arc attached for Council consideration. \ A number of issues which have been resolved at or since the May 12 meeting include: 1. 2. 3. 4. 5. The site evaluation for septic systems to serve the maintenance building and rest area facility have been submitted, and appear acceptable. The City Engineer's recommendations on water quality have been incorporated as conditions of approval. The study of *he archaeological sites has been completed with no additional action needed. The easterly site co .lained some artifacts which could be further studied by other groups in the future. Since tliis is an area of the course that will not be graded, applicant is working with the SHPO on an agreement to voluntarily preserv ’e the easterly site for future study. Council has agreed in principle to enter into a cooperative agreement with the County regarding the tunnel, and applicant is aware and is agreeable that the City will in turn transfer significant responsibilities for that tunnel to tb** applicant. The EAW process has been completed. As part of that process, applicant provided detailed information as to how the golf course design process over the last 2 years has resulted in substantially less Big Woods impact than that of the initial designs. #2209 - Spring Hill CUPA^ariance May 23, 1997 Page 2 6. Applicant has indicated an intent to plat the property which will facilitate the granting of casements to the City and others. It appears three specific issues remain for potential discussion prior to final appros'al: 1.Council has detennined that location of access to the site shall be to County Road 6 rather than Spring Hill Road. Applicant is attempting to gain Hennepin County approval for that access, but as of this writing has not indicated to staff that this has been successful. 2. Upgrade of Spring Hill Road and County Road 6/Hunter intersection are somewhat dependent on the final resolve of the access issue. 3.Applicant has been working with City officials to conclude a voluntary agreement for a City trail system on and adjacent to the site. A draft of such an agreement is attached as Exhibit D of the Resolution. Staff Recommendation Council is requested to provide staff with any additional findings or specific conditions of approval that should be included in the resolution. The resolution requires the granting of certain drainage casements, conservation and flowage easements, etc. as well as execution of a Developers' Agreement concerning physical improvements to the property, addressing what improvements are required on and off <^ite, who pays for what, systems maintenance, etc. Council Action Requested Review the outstanding unresolved issues. Review the approval resolution and make changes where necessar>'. Adopt the approval resolution if outstanding issues are resolved to council's satisfaction. COUNCIL MEETING REQUEST FOR COUNCIL ACTION MAY 2 7 1997 DATE: May 21, 1997 C.TY OF ORONO ITEM NO.: / Department Approval: Name Elizabeth Van Zomeren Title City Planner/Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2221 Sven A. Wasberg and Arlene DeCandia 3115 North Shore Drive Variances and Conditional Use Permit - Resolution__________ Zoning District: LR-IB, One-Family Lakeshore Residential District, (1 Acre) Sewered Lot Size: 19,140 sq. ft. (.439 acres of dry buildable)____ Application:Applicant is seeking lot area, lot width, hardcover, average lakeshore setback, and side yard variances to remove an e.xisting residence and construct a new residence. A conditional use permit is also required to excavate in the 0 ’-75' setback area to establish a new foundation. Planning Commission Recommendation To unanimously approve the following: 1. A lot area variance to allow 19,140 sq. ft. (.439 dry acres buildable where 43,560 sq. ft. (1 acre) is required. 2. A lot width variance *o allow' 80 ’ of lot width where 140' is required. 3. A side yard variance to allow a 4' and 6' side yard as shown on the revised plan dated 5-12-97 as revised. 4.An average lakeshore setback variance to encroach forward of the average lakeshore setback as shown on the plan dated 5-12-97 as revised. 5. A lakeshore setback variance to loeate 54' from the shoreline where 75' is required. 6. A hardcover variance in the 0-75' setback to allow 5,407 sq. ft. ot hardcover where 6,297 sq. ft. is existing and none is allowed, ffhe entire site, with the exception of a small comer of the property, is located in the 0-75 ’ setback from the lagoon and Lake Minnetonka). 7. A conditional use permit for excavatioaTill in 0-75' setback. COUNCIL ACTION RFQUKSTFI): To approve the attached resolution. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5, SECTION *0.22, SUBDIVISION 1 (B) AND 2 AND SECTION 10.56, SUBDIVISION 16 (C-6) FILE NO. 2221 WHEREAS, Sven A. Wasberg and Arlene DeCandia (hereinafter "the applicants") arc the owners of the property located at 3115 North Shore Drive within the City of Orono (hereinafter "the City") and legally described as follows: Tracts A and B, Registered Land Suivey No. 269 files of the Registrar of Titles, Hennepin County, Minnesota (hereinafter "the property"); and WHERE.AS, the applicants have applied to the City for variances from Municipal Zoning Code Section 10.24. Subdivision 5. Section 10.22, Subdivision 1 (B) and Subdivision 2. Section 10.56. Subdivision 16 (C-6) and Section 10.55, Subdivision 4 (B) and Subdivision 7 to remove an existing residence to construct a new residence. .A variance for lot area to allow 19.140 sq. ft. (.439 dr>’ acres buildable) where 43,560 sq. ft. (I acre) is required. A lot width variance is required to allow 80' of lot width where 140’ is required. A side yard variance to allow a 4' and 6' side yard as shown on the revised plan dated 5-12-97 as revised is required. An average lakeshore setback variance is required to encroach forward of the average lakeshore setback as shown on the plait dated 5-12-97 as revised and a lakeshore setback variance is required to locate 54’ from the shoreline where 75' is required. A hardcover variance in the 0-75’ setback is required to allow 5,407 sq. ft. of hardcover where 6,297 sq. It. is existing mid none is allowed (The entire :‘*e. w‘ h the exception of a small corner of the property, is located in the 0-75' setback from the lagoon and Lake Minnetonka). A conditional use permit for excavationdlll in 0-75’ setback is al.so required. NOW, THEREFORE, BE I I RESOLVED by the City Council of Orono, Minnesota; Page 1 of 5 1. 2. 3. FINDINGS This application was reviewed as Zoning File #2221. The properly is located in the LR-IB, One Family Lakeshore Residential Zoning District where the minimum lot area requirement is one acre. The Orono Planning Commission reviewed this application on May 19, 1997 and recommended approval of the proposed variances based upon the following unique findings and hardships: A. The property does not meet the minimum requirements for lot area, lot width and side yards in the LR-IC Zoning District. B. C. The current residence is unoccupied and deemed uninhabitable by the property owner. The entire site, with exception of a small area in the northeast comer, is located in the 0-75' setback from the l.accon and Lake Minnetonka. 4. D. The lot does not meet average lakeshore or lakeshore setbacks; the proposed residence will confomi more closely to the setbacks. E. fhe proposed residence reduces the total amount of hardcover. The City Council finds that the conditions existing on this property are peculiar to it and do not apply gene-ally to other properly in this zoning district; that granting the \arianees 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. Page 2 of 5 5.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 AM) CONDITIONS Ba.sed upon one or more of the above findings, the Orono City Council hereby grants variances for lot area, lot width, side yards, lakeshore and average lakeshore setbacks and hardcover in the 0-75' setback area and grants a conditional use permit for excavation/fill in the 0-75' setback and floodway/flood fringe area per Municipal Zoning Code Section 10.24, Subdivision 5, Section 10.22, Subdivision 1 (B) and Subdivision 2, Section 10.56, Subdivision 16 (C-6) and Section 10.55, Subdivision 4 (B) and Subdivision 7 to permit removal of an existing residence and construction of a new residence, subject to the following conditions: 1.Applicant's architect to provide large scale drawing showing grading, elevations and setbacks. 4. A permit will be obtained from the Minnehaha Creek Watershed District. Authorities granted by this variance run with the property not w’ith the applicants, but are permissive only and must be exercised by application for a building permit witliin one year of the date of Council approval, or this variance will expire on that date (May 28, 1998). Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5.The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Page 3 of 5 v r- '^- -• ■ v'MpMmmsW- -i • .: •. 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V :■ ivy i'y-y ,yy , ' Jiy*-i?;'-';V:.t;B 'a iia ''■•aaa a . .:^- • C".i i'aivViV-y^^ .ii ■ ‘ ■ ■%■ ■ ■ ■ a -■:a^y\.--y. ♦.:^. ■ '■.•-• . a : v,-:ii:aii.^tar it.:;; yv-a,.^ • '-.a-, ■«.•• . - '■^¥ :•. V*' :aayri -.:>iy,ai .- . _ y^'i': :^yyvi^t-.y.'' ' -t -4-- -: i ■"yyy -y i" . i ■' a-A-a- ■■:’'■'• */ ..T V y^a^:ia-:- ■|;' •:■v;^:y:.; a n f KM Orono, Minnesota at a regularmeeting held on the 28th day of May, 1997. ° AITEST: Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor Property Owner (s) STATE OF MINNESOTA ) ) ss, COUNTY OF HENNEPIN ) io„T U U foregoing instrumcnl was acknowledged before me on this 28lh day of May 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono a Minnesota municipal corpr t o. and said instrument was executed on behalf of the City. ’ Notary Public Page 4 of 5 .*.. .-vr; ■/ '•■■ i-i'-y;' i.i>:i ” -■ - ■ \ . 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Wasberg and Arlene DeCandia 3115 North Shore Dr. Variances-Continuation of Public Hearing Zoning District: LR-IB, One-Family Lakeshore Residential District, (1 Acre) Sewered Lot Size:19,140 sq. ft. (.439 acres of dry buildable) Application: Background: Applicant is seeking lot area, lot width, hardcover, average lakeshore setback, and side yard vs.riances to remove an existing residence and construct a new resiucuce. A conditional use permit is also required to excavate in the 0 ’-75' setback area to establish a new foundation. The applicant has appeared before the Planning Commission in March and April. Applicant was advised to rework the plan to reduce the need for variances. Pertinent Ordinances • Section 10.24, Subd. 5, B., LR-IB, One Family Lakeshore Residential District, Area, Height, Lot Width, and Yard Requirements • Section 10.22, Subd. 1. B., Lakeshore Set Back Regulations and Subd. 2, Lakeshore Hardcover and Land Alteration • Section 10.56, Subd. 16. C., 6. Average Lakeshore Setback U222I Sven A. Wasberg and Arlene DeCandia 3115 North Shore Drive. Variances 5/19/97 page-I Analysis LOT AREA AND YARDS LRl-B District Standards Lot Area Lot Width Front Yard Side Yard Rear Yard 43,560 sq. ft. (1 acre) 140 feet 35 feet 10 feet 30 feet Subject Property Lot Area and Yards Lot Area Lot Width Street Yard Side Yard Lakeside 19, 140 sq. ft. (.439 acres) 80 feet Lakeshore lot Proposed at 4' and 6’ Approximately 54* The property does not meet the lot width, lot area, sideyard, or average lakeshore setback requirements for the zoning district. The applicant's architect sent a revised plan, however, the numbers for the lakeside setback and side yard are not legible. The new plans should be available at the Planning Commission meeting. Hardcover Analysis Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0'-75’Approximately 18,840 sq. ft. 6,297 sq. ft. (33.42%) None 5,407 sq. ft. (28.69%) 5,407 sq. ft. (28.69%) No changes Don't need U2221 Sven A. IVasberg and Arlene DeCandia 3115 North Shore Drive. Variances 5/19/97 page~2 . Statement of Hardship The applicant has indicated that the current residence is inhabitable. The foundation cannot support a second story. The lot is restricted by the lakeshore setback requirements from Lake Minnetonka and the lagoon. The length of the driveway increases the amount of hardcover. The lot width and location of the lagoon further ’•estricts the building pad. Criteria for Determining Undue Hardship 1.The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The existing residence could remain on the property. However, the applicant has indicated that the existing residence is not in good condition. The foundation would not support an additional litory. 2.The plight of the landowner is due to circumstances unique to his property not created by the landowner. The plight of the landowner is due the proposal to construct a new residence on a lot that is; a. Substandard pertaining to lot size, lot width, and required yards. b. Impacted by the location of the lagoon on the property and hardcover for a driveway. c. Existing elevations in a floodway or floodfringe district. d. The location of the building site relative to the 0’-75' setback requirements and average lakeshore setback requirements. 3. The variance, if granted, will not alter the essential character of the locality. The proposed residence would architecturally be different in style than the existing residence. Buildings in this zoning district are allowed to be 2.5 stories or 30 feet. The building foundation is approximately the same size as the existing residence. #2221 Sven A. Wasberg and Arlene DeCandia 3115 North Shore Drive. Variances 5/19/97 page-3 1 4. 5. 6. 7. 8. 9. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this chapter. The applicant will need to provide testimony as to the findings of fact regarding the reasonable use of the existing structure. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Solar access is not an issue. The Board of Appeals and Adjustments or the Council may not permit as a variance for any use that is not permitted under this Chapter for the property in the zone where the affected person's land is located. The proposed residence is a permitted use in this zoning district. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Not applicable. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. This lot is peculiar given all the restrictions that apply to the lot due to its lot area, lot width, setback requirements, and hardcover. The conditions do not apply generally to other land or structures in the district in which said land is located. The lot sizes and lot widths in this area vary considerably. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The granting of the application is necessary to construct a new residence. U222I Sven A, Wasberg and Arlene DeCandia 3115 North Shore Drive. Variances 5/19/97 page--4 1 .i 11 . The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. Staff does not anticipate that the variance would have a negative impact on comfort, safety, or morals. The floor elevation of the new residence needs to meet the flood protection elevations. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. Staff has not been inside the structure and cannot attest to the convenience to the applicant to construct a new residence vs. living in the existing residence. The applicant will need to provide testimony to make findings of fact regarding the necessity of the variance. Issues 1. The lot does not meet the lot area, lot width, side yard, hardcover or lakeshore setback requirements. 2. The lagoon subjects nearly the entire site to 0'-75' setback. 3. The proposed residence follows the foundation of the existing residence. 4. The hardcover amount required is influenced significantly by the need for a long driveway and a turnaround. 5. The architect has worked to reduce hardcover and the impact on the line of sight. Staff Recommendation The applicant should have the revised plan at the Planning Commission for your review. Attachments A B C D Fax from Architect Revised plans Minutes from 4/21/97 Planning Commission Report from 4/21/97 H222I Sven A. IVasberg and Arlene DeCandia 3115 North Shore Drive. Variances 5/19/97 page~5 TO:Chair Lindquist and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Liz Van Zomeren, City Planner/Zoning Administrator DATE:May 16, 1997 SUBJECT: #2221, Sven A. Wasberg and Arlene DeCandia 3115 North Shore Dr. Conditional Usc-Continuation of Public Hearing Zoning District: LR-IB, One-Family L£Lceshore Residential District, (1 Acre) Sewered Lot Size: 19,140 sq. ft. (.439 acres of dry buildable) Application:Applicant is seeking a conditional use permit in order to excavate within the 0'-75' setback to establish a foundation for a new residence. Pertinent Ordinances Section 10.55, Subd. 4, B., Flood Plain and Wetlands Management Flood Fringe District Section 10.55, Subd. 7, Regulatory Flood Protection Elevation Findings: 1.That the proposed location of the conditional use is in accord with the objectives of the Zoning Chapter and the purposes of the district in which the site is located and Comprehensive Municipal Plan; The conditional use permit is required to alter land in the floodplain area, not for a specific use. 2. That the proposed location of the conditional use and the proposed condition under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. H222! Sven A. Wasberg and Arlene DeCandia 3115 North Shore Dr. Variances 5/19/97 page-1 A 1 4 The applicant would also be required to obtain a permit from the Minnehaha Creek Watershed District. Land alteration would be monitored and inspected to determine compliance with all applicable public health and safety requirements. 3.That the proposed conditional use will comply with each of the applicable provisions of the Zoning Chapter. This is a companion application to multiple variances. If the variances are not granted, the conditional use permit will not be needed. Multiple variances are required, refer to Variance staff report. Staff Kecoinmendation To consider the conditional use permit for land alteration with the other request for variances. #222/ Sven A. Wasberg and Arlene DeCandia 3115 North Shore Dr. Variances 5/19/97 page-2 FROM • Panin sonic Th)E‘'^'FAX PHONE NO.M3m. 1G 1997 10:13AM PI ft DATS PROJECT SUBJECT ADDRESS VIA DESCRIPTION mANSMITTED ITEMS NOTES USPS X DESiGNSKEICHES AS RBOUESTLD ./c PRINT SETS REVIEW A COMMENT COURIER OniGINAi mACINGS RBVIITW& APPROVAL OROP/PIOK-UP SPECIUCATIONS REFERENCE AIR SHOP DRAWINGS RECORD —OVER NIGHT SAMPIFS PRINTING ' /v<a#7 yff& <£>- 7S~ '/£>' —y4t!jASfS.____________________________________ copy T I yPiH!^.*l«^ (Mt*. ««kW«Mr. SHAimATT DESIGN ARCHITECTS 55P0 WOODSIDE LANE SHOREWOOD, MINNESOTA 55331 612 470 6750 FAX 470-8407 This commmlcatioi} ntny contnin conddfinllul Information. Any uso of (ho Info/mnllon contalnod within this dtfcumont Viilhout tho pormisshn of Iho toUplont is prohlbliocl. If tocolvod In oriar plonso dor.Uoy. 9 m u \ Oa ? <0a ij. a/i^ - - - • UJ ?/j/ / 'ikL^i ?kf I / "•"XvjpTY /s.c4lAi*^56“ ^ / A. tA- ___ n——"V '——""i*" F»tt-gp<3S*Mg> I ** *- * » w ■ •* W 5/l2<^ ^ U^..r-_WA 5 g gfe.A* ■; I 1 Kjoa.Tn iftfsae ckjv<£. tf>Gc7/^JC» , AA/s( £S3*?/ FROM : Panasori i c ThE»' FhX I _______ \ 10' -------- PHONE NO.May. 1-5 1997 10:14AM P3 f ^*« ^ _ . ”929.4 Contour Line LAKE FROM 5 Panasonic TAD'FhX PHONE MO.Mom. 16 1997 12:12PM PI DATE PROJECT SUBJECT ADDRESS VIA DESCRIPTION TRANSMinED f ASPS DESIGN SKETCHES PRINT SETS COURIER ORIGINAL TRACINGS ^ 1,-^ --,,_____ DROP./PICK-Ur SPECinCATIONr, AIR SHOP DRAWINGS —OVERNIGHT —SAMPI f:S *• mmp 4mkmf^ AS REOUBSTEO REVIEW a COMMENT REVIEW a APPROVAL REPERENCE nECORD PRINTING ITEMS NOTES y> S(4*75 hm A c^'s 6 ATn^cRiHGi/T - _________________________________________________________ ~c6pv T mmtm 9^ W . - I j r Ji -^- r Ti„ BY jn*asg!S SHARMATT DESIGN ARCHITECTS 5590 WOOaSIDE LANE SHORE WOOD, AilNNFSOTA 553 Jt G1Z 470-0750 FAX 470 0407 V}t$ communication may contain contidandal Intormatlon. Any oso ol the Inlonnullon conlahutd within this document witlioul ijia poimission of llu? rociplont /.« pmhlhlled. If lovelved tn errorptoaso diiuUoy. • , .1 . FROM t Pan3S-o*Tic ThD- FmJ-{PHOriE NO.Msm. 1ft 1997 12:12PH P2 HAIUJCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE)75-250'250-500' EXISTING HARDCOVER IN ZONF. A. Mouse X >4 r 4 IxncU)WidUi X X X B. Garhgc C. Driveway 1 /4,3 X X /4,3 D. Sidewalk X X E. Patio/Deck * ^ IlS. X X 24 j _4 *7.4 i 4 P. Landscape Underlain By Plastic X X X 0. Other 0 ‘ TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ^h30 PROPOSED HAnneOVER IN ZONE A. House p> O Lensih I D. Ga^e C. Driveway 34 X X X X width S 1- X X D. Sidewalk X X E. Pmio/Dcck •3'<>X X P. Landscape Underlain By Plastic X X X O. Other TOTAL HARDCOVER JN ZONE TOTAL PROPERTY AREA IN ZONE I -► B 500-1000* S.F. S.F. S.F. S.P. /3^S.F. ss &3 X 100 cr C3 C8 es X 100 S.F. S.F. S.F. S.F. Z&2 S.P. S.P. S.F. S.P. S.F. S.F. /7<?e>_ S.F. - S.P. S.F. _ S.F. _______S.F. ^ 0 S.F. 7e» S.F. S.F. S.F. S.F. S.P. /7.C5 S.F. S.F. S.F. S.F. S.F. S.F. JLkkl S.F. S.P. *2.1, M % 4-(o3 ^ A D A D i m m 1 P4 FROM : Panasonic TAD-'P’AX PHONE NO.May. 1<5 1907 12:13PM P5 5/16/97 Second Attachment to City of Orono * Variance Application For: Average Lakeshore, Hardcover, Side setbaoka, Lot width and area, and Conditional uee permit for excavation and fill, etc. Owner: Address: Sven Wasberg and Arlene DeCandea Home 3115 north Shore Drive Orono, Mn 55391 Contractor: To be determined Architect: Sharratt Design Company 471-1024 .470-9750 RESPONSE TO MOST RECENT PLANNING COMMISSION MINUTES Requests In the minutes where for possible design adjustments. Those design adjustments have been completed (please see the attached drawings ). * Sol) borings and analysis are complete and piling construction (with approximately 50 toot deep pilings ) will bo required for a proper building foundation. HARDSHIP DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS: <^lte The site is over 356 feet deep from tlie Minnetonka lakeshore to North shore Drive. However, the site Is very narrow and the lagoon cuts into the site area. The only location available for a structure Is the approximate location of the existing structure. The proposed building Is 16 feet back from the existing building and the earlier proposed building location. The existing home to be removed Is very forward of the line of site average lakeshore setback due to 3135 being sot back so far duo to the lagoon. This is due to an Irregular lakeshore line created by the lagoon. In order to put the site to reasonable use. any new home design will occupy nearly the same location as the existing home requiring all the necessary variances per current ordinances. (Please see drawings attached) t-1 PS FROH 5 Pcin-iisonl c TAD-'FAX PHOHE 110.May. It 199T 12:14PM Pi V. VARIANCE APPLICATION (cont.) HftrdftovOf Hardship for hardcover Is simply duo to a very small lot size behind the buildable lake setback and a deep lot requiring a long driveway. In the proposed design, an overall hardcover reduction In zones O' - 75', 75' - 250 ’, and 250' * 500 ’ has been made as follows: Zona 0*75 75 - 250 250 - 500 Totals gylstlnp % of Zone Proposed A %of Zone Proposed B % of Zone 1708 sq.ft. 36.9% 3491 sq. ft. 46.79 % 1098 sq.ft. 15.57% 6297 sq. ft. Total lot area ■» 19,140 sq. ft. Hardcover % of total lot •* 32.89 % 1699 sq.ft. 36.7% 3468 sq. ft. 46.50 % 1098 sq.ft. 15.57% 6265 sq. ft. 32.73 % 1261 sq.ft. 27.24% 3138 sq.ft. 42.06% 1098 sq.ft. 15.67% 5497 sq. ft. 28.72 % Summary The project ’s hardships requiring the variance: • Very narrow lot width and size permitting virtually no allowable buildable area by current zoning requirements. • Long lot depth requiring a longer than normal driveway. • Setback from tho lakoshore of the present existing home structure is non-conforming. If the existing home was adequate to remain, it’s position and size would not bo roqulrod to change. • Irregular shoreline and extreme setback of one adjacent home. • The lagoon encroachment Deftlpn Comments Summary: • The design concept Is for a one and one half story home to minimize the height Impact on the neighboring homes. • The design was adjusted from the previous proposal pulling the house back 16 feet from the primary lakeshore significantly reducing the setback encroachment and overall hardcover. If further Information or clarification is required, please contact the Owner or Michael Sharratt. Thank you for your time. Michael Sharratt (on the behalf of Arnle Wasberg and Arlene DeCandea) m MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 21, 1997 t ■ (#5 - #2217 John Thimmesh - Continued) Discussion at the last meeting involved concern that a future homeowner may add blacktop. Existing hardcover in the 75-250’ setback is 26.15%. It is proposed at 29.40% for a 4.4% variance. Van Zomeren indicated the applicant would also like to maintain the shed. She noted the existing structural coverage is in conformance at 14.4%. The addition will increase the coverage to 16.91% requiring a 1.9% variance. Removal of the shed would reduce that figure to 15.5%. Van Zomeren said no permit was required when the shed was built. The shed does encroach the rear and side yards. There is no impact on the neighboring property but it does increase the hardcover. Van Zomeren Mid Staft prefers that storager areas be consolidated in one location. A 3.3' rear yard variance is also required. Mr. Thimmesh said he would prefer to keep the shed. He noted the shed's exterior matches that of the residence and is surrounded by a 6’ fence. It is used for pool equipment and is in a convenient location according to Mrs. Thimmesh. Lindquist indicated the need to correct problems when the opportunity arises. There were no public comments. Van Zomeren suggested negotiating with the applicant regarding the 3.3’ rear yard encroachment. Thimmesh indicated shortening the addition would result in a lack of proportion. Hawn, Schroeder, and Smith agreed that the structural coverage should be reduced by the removal of the shed. The applicant agreed to remove the shed. Schroeder moved, Berg seconded, to approve Application #2217 with the condition that the shed be removed when the addition is completed. Vote: Ayes 7, Nays 0. / (#6) #2221 SVEN A. WASBERG AND ARLENE DECANDIA, 3115 NORTH shore DRIVE - VARIANCES/CONDITIONAL USE PERMIT - /J\ CONTINUATION OF PUBLIC HEARING 8:37-8:58 P.WL The Applicant was present. r«T'T#'T«j W«rtPTCi STiRriRHroBE [•jiR w5 [7ftuRT?<iititviH^tJ OTntitfiiW ^ w^^\v7IT7*T*T«a^ Vftiiiif ■ ij ^ REJKiE ifTOl* mE OTTillW^Avr^^ hlf Ti V:1 ^4:1 AV:A1«E^ KUltllltKItItJ r«:iirii [%mw RicirniT^ I »I ‘«9 lUA IKl^iXViCtmn^ rtic^t MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 21. 1997 (#6 - #2221-Sven Wasberg and Arlene DeCandia - Continued) Van Zomeren reported that the application is for a conditional use permit and variances to remove an existing residence and construct a new residence. There is a lagoon on the property that is regulated by the Shoreland Ordinance. The CUP is necessary for excavation and fill within the 75' setback area. The building footprint is foiward of the 75' line. The lot does not meet minimum standards for the LR-IB zoning district. The lot is .439 acres and 80' wide. Hardcover currently exists at 32.73% in the 0-75' setback where none is allowed. The existence of the property within the 0-75' setback is a hwdship. The 75-250' setback allows for 25% hardcover. Existing hardcover is 46.8% and is proposed at 46.9® 0. The 250-500' setback hardcover meets the requirements. Van Zomeren indicated the average lakeshore setback is unusual due to the location of the adjacent residences. She noted that the property owner to the cast had objected to the height of the proposed residence at the last Planning Commission meeting. The side yard setback exists at 1-1/2' and will be maintained at that distance. Van Zomeren reported that new information available has indicated the ewsting foundation will not support the design. A new foundation would result in the application being reviewed as new construction. While recognizing the hardship due to the lagoon. Van Zomeren said Staff has difficulty in recommending approval of the application. Mr. Wasberg smd he has not yet received the soil test to substantiate that the existing foundation will not support the structure. He reported that the hardcover will decrease with the new residence. Van Zomeren noted that the 6297 s.f. of hardcover (32.97/^>) in the 0-75' setback will only reduce to 6265 s.f or 32.75%. Schroeder indicated his support if the residence was built on the existing site due to the hardships of the property. Lindquist asked if he understood it was new construction. Schroeder said he did. Hawn noted the new structure would be two-stories. Wasberg said the residence would be 1-1/2 stories in the front. The applicant has owned the property for eight months and has resided in the residence to the west of the subject property for two years. There were no public comments. Lindquist indicated the proposed structure is too large for the small lot and would like the plan to be brought in conformance. Van Zomeren brou^t attention to Exhibit K, a letter fi-om the architect. The second paragraph reports the need for a new foundation. —^ MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 21, 1997 (#6 - #2221“Sven Wasberg and Arlene DeCandia - Continued) Stoddard said he would support the application if the existing foundation were used. If not, he asked that the residence be repositioned and made smaller. Wasberg said he would move the design back on the lot. He also indicated he informed the neighbor that he would plant a row of trees between their properties. Berg indicated the applicant should be able to move the proposed residence back behind the average lakeshore setback line. Lindquist suggested tabling the application to allow the residence to be redesigned for a smaller structure that could be placed further back on the property. Wasberg indicated he cannot pull the entire structure behind the 75' setback because he needs room to back a car out. Lindquist asked Wasberg to work with his architect on the design. He also asked the applicant to attempt to eliminate the need for a side setback. Wasberg asked for direction on how big the structure may be. After discussion, the applicant was informed to limit the structure coverage to 1500 s.f Hawn suggested the structure be shifted so it lays perpendicular rather than parallel to the shoreline. Schroeder moved. Smith seconded, to table applica ion #2221 for further review. Vote: Ayes 7, Nays 0. (#7) #2221 JOSEPH VOCHKO, 2925 CASCO POINT ROAD - CONDITIONAL USE PERMIT - PUBUC HEARING 8:58-9:08 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Van Zomeren reported that the application is a request for an after-the-fact variance and conditional use permit for the construction of a retaining wall and stairway. Hardcover variance is required for the wall in the 0-75' setback and the CUP to alter the retaining wall. The work was stopped in progress. Letters from and to the applicant are part of the package. The resolution would allow the applicant to place random boulders. The engineering consultant recommended the boulders with caution as there is concern of movement with boulders. The proposed stairway is adequate. The resolution would include conditions 1-5 as noted in the staff report. Lot Area Lot Width Front Yard Side Yard Adjacent to Another Lot Rear Yard Side Yard Adjacent to Street 19,140 sq.ft. (excludes lagoon) .439 acres 80 feet Lakeshore lot 1.5'Lakeshore lot Not Applicable Distance from Total Area in Setback Hardcover Allowed Existing Hardcover Proposed Hardcover Vanance Requested Shoreline (sq. ft.) 0'-75'4,630 0 1,708 sq. ft. (36.89%) 1,699 sq. ft. (36.69%) 1,699 sq. ft. (36.7%) 75-250’7,460 1,865 sq. ft. (25%) 3,491 sq. ft. (46.8%) 3,468 sq. ft. (46.49%) 1,603 sq. ft. (21.49%) 250'-500’7,050 2,115 sq. ft. (30%) 1,098 sq. ft. (15.57%) 1,098 sq. ft. (15.57%) 1,017 sq. ft. (14.42%) 19,140 sq. ft. total lot area 6,297 sq. ft. (32.9%) 6,265 sq. ft. (32.73%) LAKESHORE SETBACK Section 10.22. Subd. 1, B., Lakeshore Set Back Regulations The setback from the shoreline for lakeshore lots: B. No principal or accessory structure shall be located within 75 feet of the lakeshore nor closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots. The entire site is in the 75' setback from the shoreline. The proposed residence would encroach into the lakeshore setback approximately 38 ’ forward of the 75' setback line. The proposed residence encroaches approximately 63' into the 75' setback from the lagoon. AVERAGE LAKESHORE SETBACK 4. Section 10.56, Subd. C, 6., Average Lakeshore setback No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots, except that this does not apply to stairways, lifts, landings, and lockboxes. Further, the average lakeshore setback shall apply only to classified lakes, and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. The proposed residence is forward of the adjacent residence to the northeast. The proposed residence is also forward of the residence to the west which is separated from the subject propert) by the lagoon. The proposed residence encroaches approximately 65’ forward of the average lakeshore setback line. FLOOD PLAIN AND WETLANDS MANAGEMENT Section 10.55, Flood Plain and Wetlands Management, Subd. 4, B.. Flood Fringe District (FFD) The Flood Fringe District shall include those areas designated as floodway fringe in the Flood Insurance Study, including without limitation the shoreline of Lake Minnetonka beuveen elevations 929.4 MSL and 931.5 MSL, the area between the floodway and the edge of the 100-year flood on all other lakes, ponds and streams, all designated sheet flew areas, all intermittent streams, and ponding areas and all lands containing soil types classified as wetland soils, whether or not there is water standing on those soils at any given time. U2221 Sven Washerg and Arlene DeCandia The existing survey shows that there are areas on the property that are in the Flood Fringe District. The proposed survey shows that the elevation at the southwest comer is proposed at 931.4 and the proposed first floor elevation is proposed at 932.9. The Watershed District will require a first floor elevation at 933.5. 6. Section 10.55. Subd 7, Regulatory Flood Protection Elevation A The Regulatory Flood Protection Elevation within the Floodway and Flood Fringe Districts shall be established by adding 1.0 foot to the Base Flood Water Surface Elevations within Floodway listed in the Floodway .Data Table contained in the Flood Insurance Study. Regulatory flood protection elevations between cross- sections shall be interpolated. B The regulatory flood protection elevation for Lake Minnetonka shall be 932.5 MSL. The subject property is located in part below the flood protection elevation. The applicant needs to provide a detailed elevation and grading plan so that staff can determine the location and elevations of the proposed residence relative to the flood protection elevation. A conditional use permit is required for any fill or excavation in the floodway and flood fringe disuict. The elevations need to be revised to increase the elevation to 933.5 to comply with the Watershed District requirements. List of Exhibits A Application B Plat Map C Property Owner's list D Hardcover Calculations E Existing Survey F Proposed Survey G Topographical Map H Elevations I Floor Plans J Acknowledgement Form from Adjacent Property Owner s K Letter from Architect Responding to Planning Commission Minutes L Minutes from 3/17/97 Planning Commission Meeting #222/ Sven Wasberg and Arlene DeCandia J / /5 Norlh Shore Dr.-Varianees 4/21/97 Description of Request Applicant seeks multiple variances for lakeshore setback, average lakeshore setback, hardcover, lot aiea lot width and side yard setbacks in order to remove an existing residence and to construct a new residence. The proposed residence would be a three-bedroom residence with a large garage for at least three vehicles. A lot area variance of ,561 acres or 56% is needed where 1 acre is the minimutn lot size and .439 is existing. A lot width variance of 60 ft. or 42.8% is needed where 140 ft. is the minimum and 80 ft. is existine. A side yard setback variance is needed where the proposed side yard is 1.5 where is required A hardcover variance is needed to allow 6,265 sq. ft. or 32.73% where 6,297 sq. . or 32 9% is existing and where none is allowed in the 0’-75' setback. An average l^eshore setback variance is needed to encroach 65’ into the required setback. The regulatory flood Protection elevation is 932.5 MSL. The proposed elevation for the new residence shows that part of ^e new residence will be above the flood protection elevation but below the 933.5 elevation required by the Watershed District. Issues The lot does not meet the minimum standards for lot area and lot width. The proposed residence does not meet side yard setbacks from side property lines. The proposed residence is located entirely within the 75' setback for Lake Minnetonka and the lagoon. The proposed residence is located forward of the average lakeshore setback. The location of the lagoon and setback requirements restrict the location of structures on site. The amount of hardcover existing and proposed is influenced by the need for a long driveway to the existing and proposed location of the structure. 7. Any excavation or fill requires a conditional use permit. 8. Detailed elevations and grading plans need to be reviewed by the Watershed District. 9. The proposed residence does not exceed lot coverage requirements. #222/ Sven Wasberg and Arlene DeCandia 3115 North Shore Dr.-Variances jurjjucn 10. The applicant's architect has submitted a letter that states that the existing foundation will need to be removed. A new foundation should meet the side yard setback requirements. 11 . The adjacent resident appeared at the previous Planning Commission and objected to the height. Staff Recommendation There are multiple variances for the proposed residence created by the uniqueness of this lot being narrow and the location of the lagoon. The lakeshore setback, and average lakeshore setback, and hardcover requirements as applied to this lot restrict redevelopment of the site. Staff is concerned about the impact of redevelopment on the floodway and flood fringe distnet. A conditional use permit is also requited for excavation or fill. Demolition and new construction on the subject property would be requited to take precautions to protect the shoreline and the lagoon. Staff recommends that the proposed structure be located behind the 75' settock line and conform to the 10' side yard setback on the east property line. The applicant also needs to submit the fee for a conditional use permit. U222I Sven iVasberg and Arlene DeCandia 3115 North Shore Dr.-Variances 4/21/97 page—6 itltJIWlfW F:TtrillUt FnfiTtKirtiivcutiwiWtMSj] •ir/ ^•Wi FsT7t»i1liM«)fl|] nvrtTii 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. K Completed Application Form 2. yf Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-3271). 3. X Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy S'A" x 11" for reproduction. 4. yL Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8V2" x 11" for reproduction. 5. Sketches or plans of floor & elevation views (provide one (1) copy B'/i" x 11"). 6. 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). 7. ___ As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. . Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that vour variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the, best of his/her knowledge. Applicant's Signature Date OWNER’S SIGNATU.------ The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investigation and verification of this request. Owner's Signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. % ••:*\♦ « :» ♦' > • 2/21/97 * • I ^ ^ I*’’./ U ' —' Attachment to City of Orono - Variance Application For: Average Lakeshore, Hardcover, etc. Owner: Address: Sven Wasberg and Arlene DeCandea Home 3115 north Shore Drive Orono, Mn 55391 Contractor: To be determined Architect: Sharratt Design Company 471-1024 470-9750 DESCRIPTION OF REQUEST: Most aspects of the existing structure are non-conforming. The existing structure is very marginai, structuraiiy. mechanicaiiy, and spatiaily as it reiates to present day standards on the lake and relative to the Owner’s desires. Removal of the existing structure and replacing it in virtually the same size and position is the basis of the Owner’s request for all the variances necessary. This need for variance is due solely to the existing non-conformina conditions and not due to the Owner’s actions. The average lakeshore request is to be able to build the proposed structure in the same location as the present structure relative to the setback from the lake. Due to the adjacent structure/straight line approach to the lakeside setback, this request is for a lakeside setback variance of 80 feet forward of the straight line setback created by the closest to the lake structure projections of the two adjacent lakeshore homes, but no further forward than the existing/heated home’s enclosed area. . * „ The hardcover request is to exceed the maximum hardcover permitted for new construction, however the total proposed hardcover is less than the existing total hardcover. HARDSHIP DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS: gjt0 The site is over 356 feet deep from the Minnetonka lakeshore to North shore Drive. However, the site is very narrow and the lagoon cuts into the site area. The only location available for a structure is where the existing structure is located. Since the existing structure is allowed to remain as-is, the proposed building is only in the same location. The existing home to be removed is very foerward of the line of site average lakeshore setback due to 3135 being setback so far due to the lagoon. This is due to an irregular lakeshore line created by the lagoon. Rfi^son^blfi USB in order to put the site to reasonable use, any new home design will occupy the same location as the existing home requiring all the necessary variances per current ordinances. (Please see drawings attached) ZODS.Existiaa % of Zone Proposed %of Zone 0-75 75 - 250 250 - 500 1708 3491 1098 36.9% 46.79% 15.57% 1699 sq. ft. 3468 sq. ft. 1098 sq. ft. 36.7% 46.50% 15.57% Totals 6297 6265 sq. ft. Total lot area = 19,140 sq. ft. Hardcover % of total lot =32.89%32.73% B.Garage . C.Driveway D.Sidewalk E.Patio/Deck F.Landscape • • ^Underlain By Plastic G.Other • • , * 1 1 A ^ 0 ° 3 •' h r *' * ' o •' .. ■• h kitj:;‘<uas3 A '7 tji f. .V. r '&P'0'OrH ■ |/0»^l'_c." ......................—Home. is/88?/^i v:^^^??'..^.':::'"™ _----------- *^' IA ^ 'S r, A '£i 1-.I \ rfrlp-e 1 i —, X. / x^ * — “• ••* riTT" k. ■ i 1 ■t 1 ’ j 1 1 311J 1-PH& ‘^7^/^i-- - - - ‘ ' . r IfFTR itlillWUlIlJ ^hllKSiU^ ranii* huum ri'ji «21 i5 WHE ^nti« lMi@ t MlT*• 1«1 IH:in« tTTT tnTHfv :It ir: • ■: I t IiT07»ItWtI« M Cl •ICJ fliH* rtli^iT:UltT:Ts1il»{>llUTiriCI<lUK'• ■mi iI«hU • •ICl: IC r«F:\ [• rti iiTiii lit •Itltlll 11:1 ^It rf:lV I • klMiLllffililWJ ^rmirciiKi WiTiT;Rl WilcliC •Tt»: rtifit mil MAW I .. %4k. f I 1 ^ < : . <* **. *>•:X* : ' aj COUNTY ££:Sp'if,. 73s ’*4 i • »^pffYA^p' 4ere.^^ /•t ..•V ( 0 IM fj^il ^ 3i ni:-_^1^ <t /••• I I I • 5ipe_y»*?a*..?®0^^ I I I • %./ «. *»J •» i I A/ I I I I I I I I I I I \I I I I I I 1 7 I. ' ^ J .1 1 I I I I I I I I I \ I rf^ ....I I I ■1 ^ 5l EXISTING H ouse Deck COUNCILMEETINQ MAY 199^ REQUEST FOR COUNCIL ACTION CTTYOFOBONO DATE: May 21. 1997 ITEM NO.: Department Approval: Name Elizabeth Van Zomeren Title City Planner/Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2230 C^eorgina Hackney, 2184 Shadywood Road. Variance, Public Hearing Zoning District: LR-IC, One-Family Lakeshore Residential District, 1/2 acre, sewered. Lot Size: 16,012 s.f. (.367 acres). Application: Applicant seeks a hardcover variance w the 75-25C setback and a side yard setback to allow for a kitchen addition and front entry improvements. Planning Commission Recommendation To unanimously approve: /ne oo/\ 1. A hardcover variance in tlie 75-250' setback area to allow 2,488 s.f. (25.8%) where 2,419 s.f. (25.01%) is existing and 2,413 s.f. (25%) is allowed. 2. A side yard variance to A 6.6' side yard where 8.9 is existing and 10 is required. Attachnients: Resolution Staff Report 5/19/97 COUNCIL ACTION REQUEST ED: To approve enclosed resolution. Chair Lindquist and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Liz Van Zomeren, City Planner/Zoning Administrator DATE: SUBJECT: May 12,1997 #2230 Georgina Hackney, 2184 Shadywood Road Variance-Pub*;: Hearing Zoning District:LR-IC, One-Family Lakeshore Residential District, (1/2 Acre), Sewered Lot Size:16,012 sq. ft. (.367 acres) Application:Applicant seeks a hardcover variance in the 75-250’ setback; 'a to mcre^e h^Lver from 2,419 sq. ft. (25.1%) to 2,488 sq. ft. (25.8%) to dlow for improvements to the kitchen and front entrance of an existing resideiice. A side yard variance to encroach 3.4’ into a required 10’ yard is needed for the kitchen addition. Background This application was previously considered by the Planning Commission on 4/21/97. At the Ci y CouncU^meeting on 4/28/97, the applicant indicated that she also wanted to make improvements t the front entr^. City Council referred this matter back to the Planning Commission consideration. Pertinent Ordinances Section 10.25, Subd. 6, LR-IC, One Family Lakeshore Residential District, Area Height, Lot Width, and Yard Requirements Section 10.22, Subd. 2, Lakeshore Hardcover U2230 Georgina Hackney 2184 Shadywood Road May 19, 1997 7 “X lPT?i finmwfWi •Hi inncij nitjiws^ [tnrnn rillHiMHI ^ni^rc •iniri iltTiirtlt] usmsi WiTTOWfUlTO nsilili •fiTsTTiffiiam M^unnmsi RsliKKiC^t rsii.«r»v»i r«T«r«kliTtUthiMiUliW Fni^idj RTiTOIMUH BiKianaainiTfmMiiBra lUtXWi] ^nacti nnTiintwti r*^nm RTilili^ staff Recommendation I:;r"e proposed improvements. Attachments A Plat Map B Application C Hardship Statement D Proposed Survey E Proposed Kitchen Improvements F Proposed Porch Improvements G Hardcover Calculations (3 pages) U2230. Georgina Hackne. rt kW/ATiIt ■ I Mira itjuir^arti WWtTil mmi]^snicmwciiv^ rtrtiiirtTiwoiTii rtvsiirti RMniriB»»ninKni I rtiirtwihiii [iBimOKiim] mm RTiltllfW mm WililUH Limiliro] mm RinnES ^•JiJ rtst ^TlVt] RTiTilfmiUO nitui^ R1IM RlRliGIiMg ramus ^invs wmiti raras rasTiisms 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 Rlilr ^iV'.Ttrinfri rtriivt nrnsctRSirai^mtw Risfsmtj MStroit] mmum TYiTSTOfUp:S5ST ^•It]Riiimiitimt] rtmit f IJL (b •: ^0 \ k '-’x \^ ( >6) -A 'j, ''• ■#\ \ '^'"r y - //7'25' 41 wi'sr/ti /id ., X y yr)-/ XT' > / 77 W , Xv. / <XaX\ - /'I Ifil y- yi- 7. > fi^. y i /, (30) '?r ... .. / SALCYSH I 2W 1 _’75 1 1^— ———4 i .7. 1 f 1 1 1 t 1 • • ’ JO^E* 1!IE»'5 MVARPE i-^W FW VAC*TIC»i OF PART OF oav^ AVt 4 TM£ CPCATICW OF UT 24 S€P I] ' y’SC FC I^4 AVO Cl a c^Afl F UT 24 S€P . ccAjrrT !>! 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(78) 50 1 30. ?0 r# (7wt ' A Paj'fegb March 31, 1997 4-/2? hi Hardship/Description of Unusual Property Conditions Currently our stairs at 27 inches wide (from finished wall to finished wall) are 9 inches narrower than current building codes. This situation presents a serious safety problem when a minimum of a 3 inch railing is added. Our kitchen is a galley style kitchen which serves as an entrance hall (31 inches wide) between the front door and the living room. We would like to increase the size of this narrow corridor. It presents constant problems while cooking and can be dangerous with too many people in the kitchen. We have investigated the possibility of expanding the stairs and the kitchen by moving the wall that bounds them, but have found it to be a load-bearing wall. The only other option is to expand by 2 1/2 feet on the north side of the house. We are also requesting a variance to replace the front porch, which does not currently meet Orono building code. The building code states that stairs cannot be over 8 inches in height, and cannot vary by more than 3/16 of an inch. Currently, our steps measure (in ascending order) 3 inches, 7 inches, 7 i- M'es, 9 inches and 4 inches. In addition to correcting the stair construction, the porch needs to be widened to cover the concrete slab at the bottom of the stairs. This slab is in place to divert water from the basement. The porch would also be expanded on either side, to allow adequate access to the front door. C 4 » ■ 1 • t • ’ll >r \HENNEPIN COUNTY, MINNESOTA <6<o ■LEGAL DESCRiPTinN nr PRnu||c^p^ . Lot 16, Block 1, Wiley* s Pork Lake Minnetonka o : denotes Iron marker ® i denotes Judicial Landmark Bearings shown are based upon an assumed datum. NOTE ; All Information shown on this survey, with the ■ the location of the garage, deck, proposed additi^on, and 929.4 contour line. Is taken from a survey by others. ^ This purvey Intends to show ’the boundaries of the above described property, ond the location of an existing house, garage, and deck, and the proposed location of a proposed addition thereon. It.doQ? not purport to show any other improvements or encroachments. 0-7S 7r-isa z ZfO ; 0/2 t r4.fr. 39<o // • J€S2 't 2Soo // Y ^ AE/’Rok.MA/R ei\J7RANCE r< • \ I! c:---/A o >1 V 9 c O. "7 ' 1 /tN __jj rS lOB^'^4LK ^-o To GAfiACrB —> £T^/jr//v6- LohcRBTB scale : 1"'= /'o HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE)/" 0-75'75-250*250-500* EXISTING HARDCOVER IN ZONE A. House Length)Width X X X r= s B. Garage C. Driveway <0 D. Sidewalk X X E. Patio/Deck X X z> F. Landscape Underlain By Plastic X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A - B X 100 PROPOSED HARDCOVER IN ZONE A. House X Length Width t X X X D. Garage C. Driveway o D. Sidewalk <r^ E. Patio/Deck X X as B3 F. Landscape Underlain By Plastic X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A + B _ _ X 100 500-1000* S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. A S.F. B % S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. A S.F. B V C HARDCOVER CALCULATION WORKSHEET SETBACK ZONL: (CIRCLE ONE) 0-75’ EXISTING HARDCOVER IN ZONE A. House 250-500'500-1000* jcy, ^yyi Length Width X X X B. Garage/} /7- ^ 3 C. Driveway X X D. Sidewalit^T^ ^i/U. ^ E. t'atio/Dcck ^'7* ^ X X 2-^ ^^5 X X /i2. F. Landscape Underlain By Plastic X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ^-f/7 - B PROPOSED hardco \t:r in zont . A. House ''3^- 4 Length A 7'fro''t3 // X X X Width -45" 5" '42. '4 C. Driveway________ 4^. X X D. Side^<^lk''K^ 4 'cU-3^' y E. Patio/Dcck 27 • 7- X X *2^' 'i? X X /:<✓ F. Landscape Underlain By Plastic X X X G. Other TOTAL HARDCOVER IN ZONE total PROPERTY AREA IN ZONE - B ^^^9- X 100 *= X 100 /03'2. '/O S' / 4 2. 0>U ‘2/l-n r/ 25T/? S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. _________S.F. 9452 S.F. '7-6./ % /^'32- S.F. ____S.F. ____S.F. ^S S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. % A B A B HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75'75-250' EXISTING HARDCOVER IN ZONE A. House ______________ Length Width X X X B. Garage CZ. 3- 8 /'I- / C. Driveway 8 _ 32.3 D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Other X X X X X X X X X 32.3 TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ^ B PROPOSED HARDCOVER IN ZONE A. House Length Width X X X O B. Garage ^ ^ C. Driveway 57^ B> ^7. 3 D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Other X X X X X X X X X 32^3 TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE B 500-1000' lD-2/ c*. 8 /3^3 X 100 /27 / s 8 / 3^ 3> X 100 S.F. S.F. S.F. S.F. S.F. S.F. S.F.• S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F.A S.F.B S.F. t \ 7 S.F. S.F.• S.F. • .1 .*• • S.F. • • • • • ••• /■ S.F. S.F. V. 1 ••• • mM S.F. S.F.( •* * / Vi-/ -^3 S.F. S.F. S.F. S.F. S.F. S.F. S.F.A S.F.B % COUNCIL MEETING MAY 2 7 1997 REQUEST FOR COUNCIL ACTION CITYOPORONO DATE: May 20. 1997 ITEM NO - ^ Department Approval: Name Elizabeth Van Zomeren Title City Planner/Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2231 Evan Anderson, 1260 Spruce Place, Variance - Public Hearing Zoning District: LR-IB, One Family Lakeshore Residential District (1 acre). Lot Size: 11,526 (.26 acres) Application: Applicant seeks a variance for hardcover in the 75-250' setback area to allow a roof over an existing front step. Planning Commission Recommendation To unanimously approve: 1. A hardcover variance in the 75-250' setback area to increase hardcover from 3,683.95 s.f. (48.3%) to 3,723.95 s.f. (48.83%) where 1,906.5 s.f. (25%) is allowed. Attachments Resolution Staff Report 5/19/97 COUNCIL ACTION REQUESTED: To approve the attached resolution. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 AND SECTION 10.22, SUBDIVISION 2 FILE #2231 WHEREAS, Evan Anderson (hereinafter "the applicant") is owner of the property located at 1260 Spruce Place within the City of Orono (hereinafter "City") and legally described as follows: Lot 1, Block 10, Saga Hill Revised, together with that part of vacated Lake Street adjoining said Lot !, Block 10 as shown on the survey attached to the notice of vacation in Book 848 of Miscellaneous, page 596, Doc. No. 3213583, filed in the office of the Register of Deeds, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance from Municipal Zoning Code Section 10.24, Subdivision 5 and Section 10.22, Subdivision 2 to add a roof over existing non-structural hardcover, a concrete slab, at the front entrance. A variance in the 75- 250' setback area to increase hardcover from 3,683.95 s.f (48.3%) to 3,723.95 s.f. (48.83%) where 1,906.5 s.f. (25%) is required. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. 2. 3. This application was reviewed as Zoning File #2231. The property is located in the LR-IB, One Family Lakeshore Residential Zoning District where the minimum lot area requirement is 1 acre. The Orono Planning Commission reviewed this application on May 19, 1997, and recommended unanimous approval of the proposed variance(s) based upon the following unique findings and hardships: Page 1 of 4 "1 4. 5. A. The property does not meet minimum lot area or lot width requirements. B. The proposed improvements are to the street side of the existing residence. C. The improvements will be placed over existing non-structural hardcover. D. Due to the climate, a roof over an entryway is reasonable. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a hardcover variance per Municipal Zoning Code Section 10.22, Subdivision 2 to permit the addition of a roof over existing non-structural hardcover, a concrete slab, at the front entrance, subject to the following conditions: 1.Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (May 28, 1997). Page 2 of 4 2.Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically ?irminate any authority granted herein, and shall be punishable as a p'lsdemeanor. 3.The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 27th day of May, 1997. ATTEST: Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 27th day of May, 1997, by Gabriel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 4 i STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th day of April, 1997 by Gabriel Jabbour and DoR'thy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. 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 Publie 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 Lindquist and Oicno Planning Commission Members Ron Moorse, City Administrator FROM: DATE: Liz Van Zomeren, City Planner/Zoning Administrator May 12,1997 SUBJECT: #2231 Evan Anderson, 1260 Spruce Place Variance-Public Hearing Zoning District: Lot Size: LR-IB, One-Family Lakeshore Residential District, (1 Acre) 11,526 sq. ft. (.26 acres) Application:Applicant seeks a hardcover variance of 40 sq.ft, or .80% in the 75'-250' setback area to add a roof over an existing concrete slab for the front entrance to increase hardcover from 3,683.95 (48.3%) to 3,723.95 (48.83%) where 1,906.5 (25%) is required. Pertinent Ordinances Section 10.24, Subd. 5, LR-IB, One Family Lakeshore Residential District, Area Height, Lot Width, and Yard Requirements • Section 10.22, Subd. 2, Lakeshore Hardcover Analysis LOT AREA AND YARDS LRl-B District Standards Lot Area Lot Width Front Yard Side Yard Rear Yard 43,560 sq. ft. (1 acre) 140 feet 35 feet 10 feet 30 feet • ! tt2231 Evan Anderson 1260 Spruce Place 5/19/97 Page~l i r\ . Subject Property Lot Area and Yards Lot Area Lot Width Lakeside Side Yard Street Side 11,526 sq. ft. (.26 acres) 55 ft. at Spruce Place; 48.6 ft. at lakeshore 70' to principal structure 5.3 on north side near deck; 11'from south side 1 r to garage The subject property does not meet the lot area or lot width requirements for the LR-IB zoning district. The property also does not meet the lakeshore setback requirement of 75'. HARDCOVER Distance from Shoreline Total Area in Setback Hardcover Allowed Existing Hardcover Proposed Hardcover Variance Requested 0'-75'3,900 sq. ft.None 174.5 sq.ft.174.5 sq. ft.No Change 75'-250'7,626 sq. ft.1,906.5 (25%) 3,683.95 sq. ft. (48.3%) 3,723.95 sq. ft. (48.83%) 40 sq. ft. (.80%) staff estimate based on drawing The proposed roof over the front entry increases hardcover by 40 sq. ft. or .80%. Statement of Hardship The applicant has indicated in his hardship statement that the property is very low and that is a lot of runoff through the property. U223I Evan Anderson 1260 Spruce Place 5/19/97 Page~2 ’1 I i Criteria for Determining Undue Hardship 1. 2. 4. 5. 6. 7. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The property can continue to be used as a residential dwelling. The proposed variances will allow the existing front step to have a covered entry. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The landowner is dealing with an existing structure that does not have a covered front entrance. 1 he circumstances are not created by the landowner. 3. The variance, if granted, will not alter the essential character of the locality. The variance for hardcover will not alter the character of the neighborhood. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this chapter. Economic considerations are not a factor with this application. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Solar access is not an issue. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for the property in the zone where the affected person's land is located. The variances requested are for a residential structure which is a permitted use in this zoning district. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Not applicable. U223I Evan Anderson 1260 Spruce Place 5/19/97 Page~3 .1 8. 9. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. The variance requested is unique to the design of the existing structure. Several residences along the lakefront do not have covered front entries. The conditions do not apply generally to other land or structures in the district in which said land is located. Other properties in this area are deficient for lot size and hardcover. The variance being requested is specific to the existing residence's front entry. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Tlie variances requested will preserve the property owner's right to use the residence and have a covered entry. 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. The variance will not impair health, safety, comfort, or morals. It will increase the comfort of the property owner and guests. 12. The granting of 5"ch variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. The granting of the variance improves the livability of the existing residence. It is not merely a convenience to the property owner. Issues 1.The variance would increase hardcover by 40 sq. ft. or .80%. No other variances are requested. 2.The lakeside of the residence encroaches into the required 75' lakeshore setback. No improvements are proposed for the lakeside of the residence. 3. The lot does not meet the required lot area or lot width requirements. U2231 Evan Anderson f760 Spruce Place S/19/97 page~4 Staff Recommendation To approve the variance for an increase in hardcover by 40 sq. ft. or .80% to allow for the construction of a roof over an existing concrete slab. Attachments A B C D E F G H Application Plat Map Proposed Front Elevation Proposed Front Entrance-Side Elevation Survey Hardcover Calculations (2 pages) Acknowledgement Form from Neighbors Topographical Map #2231 Evan Anderson 1260 Spruce Place 5/19/97 pages Application # -A 5 / Date Received V // uh 7 Amount Paid ' ^ A CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S220.00 o Variance for non-conforming structures S220.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address__________ .S <: f''-'./•' i . ^'\oO ySh r.U Property Identification Number (P.I.D.)___________________^-------------- Attach legal description to applicauon if not included on required survey. Date PropertyAcquired. ^ ^(month/year) I (do) ((^^^ also own the adjacent parcels of land. Present use of property: ^ residential ___pother ( Zoning District:._________________________ other (specify). APPLICANT Name ZV- r i / / Address: ‘ ‘City:. Phone fhome') Phone fworic) -/ '^00 ____Zip:'V > / /, OWNER (if different thar^applicant) Name '^^0- v^^^ ________ Phone (home). Phone (work)_ Address:Citv:Zip:. DESCRIPTION OF REQUEST Estimated Constniction Cost $ Describe request in detail: 5roo/» c^ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area ____Lot Width f \/ /% Hardcover Lot Coverage Setback:Front Side Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing rnmnliance with Zoning Code requirements : noH V icompliance with Zoning Code requirements: /-.CO Ti^ oy- - rz.-r :/-•/. "C-V /.«= A’SC} t * • f 0 • * ' 4 i^ # __ (attach additional sheets if necessary) REQUIRED SUBMITTALS % ^ /-ey>yu 6^cCtci ‘ A(j,Oo ^O ^V, \A 3. All of the fnllnwina informaHon must be submitted.bv_the application deadline date_in order for vour applicarion to be considered coinplctc.*. Completed Application Form Certified Property Owners List of owners within 150’, labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-3271). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy SYi" x 11” for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy S'/j" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy SVi" 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. 4. 5. 6. 7. 8. The Applicant and Property Owner must sign this application. Please remember that yfiui varinnce anpUmtinn is if the above information, has not been included, APPLICANT'S SIGNATURE . v • The applicant hereby agrees to provide all information required or requested by the Zomng Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant^pfiHies incurred/) in review of this application, and certifies that the information suJ^nJd is^e and corrbfct to the best of his/her knowledge. Applicant's Signature JLA^'Or^Date TfviT> c. iP cy.x ' i '4 L I agrees to this application and further authorizes reasonable 5) consultants, agents. Commission members, and Council ion and verificatu^n of this request. Date is into the City offices 25 days before the Planning ovt'.N. -I —jnmission Meetings are held on the third Monday of each (j ’ ' Ivilent at all scheduled review meetings of the Planning ipplicant is unable to attend a scheduled meeting, please rized agent attend in your place and to advise the Building )r to the meeting. I JC' n. ^ i W «’ w 8 m 325.44 192. &2 _______■;- LOMA lilNDA AVE MS ' ;97 (j) .A r\ 263 ( 14) 15 V 27 j .\ (15) 16 248 FILED 10-15-71 DOC NC 3312062 (2)W22 190 s \ 184.5 / / ^ / 165 fT VAC 12-2-64 IT) “i ^ (5) 158 FILED (6) \ X -—1' '-^Ki76)\'n \ e M 5.'g^C \2-^ j>4| - Sp/ 9 / > (77) y /v • W'-.te'^f (78 .. .-t;; •TyxI-x??i-S:-:':<J-^■0ms^ I ;■ ^WJj2!ry\...\*'rr^II 'a\js \ \ A [A 5[' \ y N. i53(,n IH.( IS) 6l 17\f ^f. '53 A ■f ^5/) ,;95.5 •'■ 229 (26) N (^ 226 r7=^ > I (64) /4 8 ^(24) 250 « 252.5 N S 8 (25)4 V s 232 ^ 4 \ cq^237.5 ^ *1 (63) \ 95.8 II tAc* I Im 135.6.5 L S 8 8 ^(22),! 55 234. •V. •.fA' • c;♦ • ♦ 3 i * • • • .■«I . • • ' • <«••f ‘/ Ti -O. ■* -tf—'‘•^- -Xq-^s.. tV&%9 BXls.r/Af4, Slu6 Pnofios<£t f^eti \ Ii .. .-L t I ! I • - • • ^. 1------i. -• —. % ‘ 1 • I • ! — y. —. - VAi-Ley A-s A/ec. ** I* |2i« . ^ . .— ZK(» lit OC, f 1 »1-' .i1 1 • i i L- ! T, /f, ........................... 2 /Aoow c<4TpyCT^<t_2*^^ 1 C)C4T ..4. • I • • -•...I I I Bfc/c*: /^A•TCH .k---------------------i___ 1 I I ! I -----4 --------- 3>^0^/^;hSS£A£___,___ ^ . 0. exesmli AbisP^ 1 1 !i : r jz:.. !!" _ 1 __. 1 •• •• fk » t 1 1 ............- ,r- - , 1 • i : ' 1 • ' < [ ------f . ■ t • • --.1 — 1 1 If. ■ J 0 Ci . ,..... li ■■■ • -f\r-----V-Cj V'. • . " **^:.9 " ■■ — ..... • • • • ____________ • - •t------- i \ I \ - 1 r^i -s ^/S75>i$— S4u£:• . — • « « •< •#■ // #1 /6 Kz' ^CycOooD , . ___.\ • «> -4 ‘...1 I I - ♦ I _ . i! Lot 1, Block 1C, Saga Hill Revised, together with that part of \ vacated Lake Street adjoining said Lot 1, Block 10 as shown on the survey attached to the notice of vacation In 3ook d^d of Miscellaneous* page 59o» Document No.3213593•■ filed In the office of the Register of Deeds, Hennepin County, Minnesota. i □ - WOOD STAKE PLACED O • IRON MON. SET B.M. - BEARINGS ON PROPOSED INFORMATION ASSUMED DATUM ________1st FLOOR ELEV. ________BASEMENT ELEV. IRON MON. INPLACE GARAGE FLOOR ELEV. TOP BLOCK ELEV. * DRAINAGE 000.0 * EXIST. ELEV. (oOO.a)‘ PROPOSED ELEV. mq.o ■ EXIST. & PROP. ELEV. SCHOBORG ND SURVEYING INC. •ra^i mar Oy. m. ia se OKeno. MN 98338 I hereby certify that this plan, survey or report was. prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota Date: _____ Registration No. 14700 JCB8 477^ Book - Page Scale Tifii HARDCOVER CALCULATION WORKSHEET SETBACK ZONE; (CIRCLE ONE)75-250'25-500'500-1000* EXTSTTNG H>)»nf7nVER IN ZONE A. House ______________ X X X WMI& B. Oarage C. Driveway X X D. Sidewalk X X E. Patio/Deck //X X /O liO F. Landscape Underlain ay Plastic X X X C Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE , ; A n4-.< - 3 3^00 X iOO =^.47 PWDPOlgED RAJ^DCOVER IN ZONE A. House ______________ Lenica X X X B. Garage C. Driveway X X D. Sidewalk X X E. Patio/Dcck X X F. Landsetye Underlain By Plastic X X X C. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE B X 100 - S.F. S.P. S.F. S.F. S.F. S.F. S.F. S.F. s cw*.. S.F. S.F. S.F. S.F. c c S.F c = S.F S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. * ‘■1 f; V. * ‘ » A B A B s il ^W HARDCOVER CALCULATION WORKSHEET *. •'** SETBACK ZONE: (CIRCLE ONE) 0-75 EXISTING HARDCOVER IN ZONE A. House_____ ^^75^0)25-500'500-1000' Uo|tb Width X X X B. Oarage C. Driveway D. Sidewalk E. Patio/Deck F. i.0 Cwiefhtm______ -IJy-JUAttic ___________ % A X X X X X X X 73 L 8 TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IS ZONE A 9<r -r B py^o)>nsE:D ilardcover in zost A. House __________ X X 100 = Len|th Wid'Ji X X X R. Garage C. Driveway D. Sidewalk E. Paiio/Dcck F. Landscape Underlain By Plastic G. Other X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ _ _ _ B _X 100 » /Z2 7 3 s.F. ---- S.F. • — S.F. MS ---- S.F.irk r= 7 S.F. f;' • •: -4 “ S.F. ------ -X il • ■ » S.F..1 • • - / 5 S' S.F. « Z/9 s.F. »» /S8$’ S.F. r > • ^ • i} \ \ " ‘.'/7 ' w = — S.F. » ^0 S.F.r i 9 - SF. S F.5hi;at S.F. 99’s F.A 7^24 SF = % B s.F. !S S.F. ea S.F. e S.F. S.F. S.F. S.F. B S.F. s S.F. rz S.F. S.F. •S.F. B S.F. B S.F. S.F. S.F.A S.F.B B % Or ^ Adjacent Property Owners' Acknowledgement Form I (we) PU\tLU^ iOoLP^_______of /Z-^O ^F^0Ci(z ^ [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at /2L?0 also referred to as Land Use Application No. ^^“3/ 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. :o Jj^ L, Property Owner 7 Date :rt/C *r . ■tf Date / Propert/ Owner / *♦*♦*********♦♦*♦♦»♦♦******♦***************************************"'**''’*******n* I (we) ^£^(CKS. ' [print name(s)] IcV^/Z70 Pc. [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at /Z. 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 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 Office it least 10 days prior to the scheduled meeting date. T (Ki?b Spv'Aoi- "Pl I Wat*r 929.6 t I I COUNCIL MEET1NQ MAY 2 7 1997 REQUEST FOR COUNCIL ACTION OTYOFORONO DATE: May 22. 1997 ITEM NO = 10 Department Approval: Name Elizabeth Van Zomeren Title City Pianner/Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2232 Woodsmith, Ltd. on behalf of Allegra and Paul Parker 1520 Fox Street Variances - Resolution Zoning District: RR-IB, One Family Rural Residential District (2 acres) Lot Size:99,815 sq. ft. (2.291 acres) Application:Applicant seeks a side yard variance to allow an 18.6' side yard for an addition to the master bedroom/bathroom suite where 18.6' is existing and 30' is required. Planning Commission Recommendation: To unanimously approve: A side yard variance to allow an 18.6' side yard for an addition to the master bedroom/bathroom suite where 18.6' is existing and 30' is required. Attachments: Resolution Staff Report (5-19-97) COUNCIL ACTION REQUESTED: To approve the attached resolution. j I • / M L/.'i'j : V7U A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 FILE NO. 2232 WHEREAS, Woodsmith, Ltd. acting on behalf of Allegra and Paul Parker (hereinafter "the applicants") while Allegra and Paul Parker are the owners of the property located at 1520 Fox Street within the City of Orono (hereinafter ' the City") and legally described as follows: See attached Exhibit A - Survey for Vince Smith as prepared by Advance Surveying & Engineering Company as revised 2/12/97 (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.28, Subdivision 5 to permit an addition to an existing residence for a master suite. A side yard variance is required to allow an 18.6' side yard for an addition to the master bedroom/bathroom suite where 18.6' is existing and 30' is required. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. 2. This application was reviewed as Zoning File #2232. The property is located in the RR-IB, One Family Lakeshore Residential Zoning District where the minimum lot area requirement is two acres. 3.The Orono Planning Commission reviewed this application on May 19, 1997 and recommended approval of the proposed variance(s) based upon the following unique findings and hardships: A. The lot conforms to the minimum lot size requirements for the RR-IB Zoning District. Page 1 of 4 B.The existing residence encroaches into the required 30' side yard setback 11.6'. C. The proposed addition does not further increase the encroachment but will also be 18.4' from the side property line. D. Fox Street is considered the front of the property although the front of the structure faces a private road. E. The lot is an unusual shape. F. No negative comments have been received from adjacent property owners. 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 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 side yard variance per Municipal Zoning Code Section 10.28, Subdivision 5 to permit an addition to an existing residence for a master suite, subject to the following conditions: Page 2 of 4 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 wthin one year of the date of Council approval, or this variance will expire on that date (May 27, 1998). 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 any 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 agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 27th day of May, 1997. ATTEST: Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor Property Owner (s) Page 3 of 4 iaJA STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of May, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. 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 wthin 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 I i ' To;Chair Lindquist and Orono Planning Commission Members Ron Moorse, City Administrator From: Date: Liz Van Zomeren, City Planner/Zoning Administrator May 12,1997 Subject:#2232 Woodsmith, Ltd. on behalf of Allegra and Paul Parker 1520 Fox Street Variance - Public Hearing Zoning District: Lot Size: RR>1B, One Family Rural Residential District (2 Acres) 99,815 sq. ft. (2.291 acres) Application: Applicant seeks a side yard variance to allow for an addition to the master bedroom suite in an existing residence. The structure currently encroaches 11.6' into the required 30' side ard. The addition would follow the existing wall and would also encroach 11.6' into the required sideyard. Pertinent Ordinances Section 10.28, Subd. 5, RR-IB, One Family Rural Residential District, Area Height, Lot Width, and Yard Requirements Analysis LOT AREA AND YARDS RR-IB District Standards Lot Area Lot Width Front Yard Side Yard Rear Yard 87,120 sq. ft. (2 acres) 200 feet 50 feet 30 feet 50 feet Subject Property Lot Area and Yards I U2232, IVoodsmith, Ltd. for Allegro and Paul Parker 1520 Fox Street 5/19/1997 page-1 . - 7- ♦ Lot Area Lot Width Side Yard adjacent to rojdway easement Side Yard Street Side 99,815 sq. ft. (2.291 acres) 255' (measured at 50' from Fox Street 102.1'18.4'235.2' from Fox Street The property meets the requirements for lot width and front yard requirements. The west side yard is 18.4' where 30' is required. Statement of Hardship The existing structure was built before the current Zoning Code regulations. The planned master bedroom expansion is located on the west side of the residence. Criteria for Determining Undue Hardship 1.The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The property can continue to be used as a residential dwelling. The proposed variances will allow the existing master bathroom to be expanded by using the existing master bedroom closet. The south wall of the house would be extended to increase closet space for the master bedroom. The bathroom design and master bedroom addition is consistent with remodeling and new construction in the City of Orono. 2.The plight of the landowner is due tc ">cumstances unique to his property not created by the landowner. The landowner is dealing with an existing structure that was built prior to current Zoning Code requirements. The existing residence encroaches 11.6' into the required 30' setback. The addition would also encroach 11.6 ’ into the required sideyard. 3. The variance, if granted, will not alter the essential character of the locality. The applicant has designed the addition to blend with the architectural character of the residence. #2232. Woodsmith. Ltd. for Allegro and Paul Parker 1520 Fox Street 5/19/1997 page-2 * i 4. 5. 6. 7. 8. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this chapter. Economic considerations are not a factor with this application. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Solar access is not an issue. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for the property in the zone where the affected person's land is located. The variances requested are for a residential structure which is a permitted use in this zoning district. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Not applicable. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. 9. This is an unusual lot because Fox Street is considered the front yard. The front of the residence, however, faces the roadway easement which is considered a side yard. The conditions do not apply generally to other land or structures in the district in which said land is located. The variance being requested is specific to the existing location of the house on the lot and the architectural style of the house. The granting of the application is necessary for the preservation £uid enjoyment of a substantial property right of the applicant. The variances requested will preserve the property owner's right to use the residence and have a larger bathroom and master bedroom that is typical for many residences in the immediate area. 02232. Woodsmith, Ltd for Allegro and Paul Parker 1520 Fox Street 5/19/1997 page-3 1 1. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. The variance will not impair health, safety, comfort, or morals. It will increase the comfort of the property owner and guests. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. The granting of the variances follows the exterior wall of the existing residence and does not further encroach into the required sideyard than the existing residence. There is no other available alternative to the applicant to increase the master bedroom within the existing footprint of the residence without significantly changing the architectural style of the structure. Issues 1 . This is a unique lot because of its shape and the location of the existing residence on the lot. 2. The addition does not further encroach into the required side yard. Staff Recommendation To approve the variance for a 1 1.6' encroachment into the required 30' side yard to allow the master bedroom addition as shown on the proposed survey. Attachments A B C D E F G H Application Plat Map Existing Survey Applicant's Letters Floor Plans Proposed Elevations Applicant's l.etter Regarding Neighborhood Contact Signatures from Neighbors U2232, Woodsmith, Ltd. for Allegra and Paul Parker 1520 Fax Street 5/19/1997 page—4 Application # ^ 3 SI Date Received V//^/ f 7 Amount Paid ct? CITY OF ORONO - VARIANCE APPLICATION ^ 3fV7 Initial Application Fee $220.00 - „ \ / A ($50.00 per each additional variance) ^ ib 7 ^ e.: ' - Renewal Variance Fee $120.00 oJbJU ^ «" .l C' ...J (no change from original application) # f Variance for non-conforming structures $220.00 After-the-Fact Fees (Double application fee) 8 PROPERTY INFORMATION Site Address ,ro< 'trc4ar* Property Identification Number (P.I.D.) _____________ Attach legal description to application if not included on required survey. Date Property Acquired ______j^uu^r /99i I fdo ’>(?do not^also own the adjacent parcels of land. Present use of propert>*: ^_presidential ___pother (specify) Zoning District:______________________________________ .(month/year) APPLICANT Name ijuooaxA^ r/*‘ c-*i> Address: Z-’f^ - irtt Phone (home) <s/g. _____ Phone (woric) <f/z City: ______Zip: OWNER (if diffei < than applicant) Name .j. /^hv ****^ Address: ___City: Phone (home) _______ Phone (work) y /_______ __________Zip: 5537/ - Estimated Construction Cost $ <zDESCRIPTION OF REQUEST Describe request in detail: e^/-' tv j3atm d ^rM yrs/u£> t^tcc^ ^ rtu^ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width / Setback:Front y Side Hardcover Rear Lot Coverage 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 72>Tyji^ jJtrr MXMAU/d 9 TA/tf' ^/■TiiKruuy A/t>y A L/dAyAK^7b (attach additional sheets if necessary) 7 «MIU WlIVU ■Mrm.VWCI ADVANCE SUEVETtNO A ENCWEBMtNQ OX marn^ymmm trnmmmmm ■mUBk VfNCE SMiTtf rnaim.tm III m^i ■*ife lifial ■ kB MH ■ ««M «r mi I if mi j m • ««»i# M mi m )UI NB^mi jjAfTT^ t—yl Mmcii nbmm tmt Hitit fitwT) t|.mT liimi ouHm imiMifmii^^ M mm. • Am MM m« m tmim M«Mm«BmnMMMtf tMmmmrn mmiMmi ■ •miaami immiM«pm< iQmmMm ■Mimaim MQmmMm immmum liaPMim lp«Mi «ami • iKmi iMmi pMmi >Mmi imp iMmi rnmammaMinmiami tMammaiPmmMaimii Mmmi •mom )Mm mwi tami H c ■> if ■ V !#■ .i f ' )’■)r • ■ ■ ) ‘ S ?3 ti -j____I JWNaKIIH •M A V— 1 T T 2 1 3 R . 0 3 o^ ife < o yj > z h ?$5Ui j: ‘^5 ^- X rlu 5 ? < j h tiS !T“ 1^ \\ I \ \ ■J. "V"«fos-'=> oV>fe-b . R = 6l.tl> r<'-^ A=»5l'’09 ’55" ^ X'" -tL = 54.59 ^ \ ‘ - C'" \'^<<.L=6^..62'^ A=60'“i^00\ 4. R-61.13 A \'> \ \ • • f • •# * *# • %, • *>. •* V. V ?• V •* ^ • • . ' v • ^ •• »••*. •. • • • ^ . .* •f * ^ ^• ^ i • -• V • • • ' •'* i • • .• • J ^ m ♦*• •. •. . A• » % f*. * • • •• .".. r. '* ••• * . •-• .* .• •• ,«. • •• * i* % April 17,1997 CityofOrono. . Planning Department 2750 Kelley^Parkway Orono, MN 55356 - j if f:.J . > *. # *■ •/ Dear Liz:.• • • We met each other at the Parker residence/1520* Fox Street, back in January of this year/ After several delays I have finally managed to get everything together to apply for the variance that we need to proceed with the planned addition. We are not applying for a building permit at this time nor have we done the far more extensive drawings needed to pull the building permit. If everything seems to be proceeding without difficulty on the variance I will work up the necessary drawings and apply for the buildjng permit.. If it is possible, I would like to receive a copy of the Planning Departments report before it is discussed at the Planning Commission meeting. If there are any questions or you need addiiional material from us please don't hesitate to call.. I can be reached via either of the numbers at the bottom of this page. Sincerely, Vincent Smith President . 1 1 i « ■ « • • « 2439 SHERWOOD HILLS ROAD • MINNETONKA • MINNESOTA • S5305 OFFICE/FAX (612) 930-10^6 • PAGER (612) 909-9512 STATE Lie 8994 • MINNEAPOLIS LIC. 4978 ' '* i H • ^ • ( • • fe- • m «.• • ♦ w t • .*• > -• f • * . - ^ « V: v: • «•V . ^ »* -“ .* *i- :vv :.. .• ' \ r% • •. • • ^ • •- ‘ * • • • . • - 0^*r ’ '. v?^ *'1 WcxxiSinith Ltd PERSONALIZED DESIGNS & FINE CRAFTSNUNSHIP WoddSmith Memorandum To: / •. ' V . ■'•'*n • UV‘* • • / / f- ■' /I («r<:2r?/.cr Ij/ ; r* .•■♦i • *.- . • Kaare & Cynthia Birkeland • • John A. Nolan & Joan A. Nolan ‘ Edward H. Hamm . Leann J. Coe / Mark E. Knutson t From: Vincent Smith . • ' CC: • Paul & Allegra Parker . • City of Orono - Planning Department .' Date:- April 17,1997 Subject: Variance Application 1520 Fox Street - Orono Q.: :J : % T r•. « ‘ i ' .V • ; * ^ • 4 • « • •• • ••• • *• ••• * ^ • •* This is to inform you that WoodSmith Ltd. has been hired to build an addition on the residence at 1520 Fox Street. The present house, however, is situated closer to the property line than is allowed by Current zoning standards. As a Neighbor whose property is located within 150' of the property in question the City of Orono requires that we notify you of the need to file for a zoning variance. • • Quite simply, the situation is that the house was built 18.4' off the side property line. In the year ’s since the house was built the City of Orono lias changed the side setback requirement to 30'. The proposed addition does not move any closer to the side property line than the preseat house. Enclosed you will find elevation drawings showing the before and after views of the house as viewed from the South and West sides. . • . The City of Orono will be sending out an official notification of this application for variance in the coming weeks and anyone wishing to have input on the matter can notify the planing department or attend the monthly meeting of the planning commission. Or if you have any questions that I can answer please feel free to call the office at the number, below. Sincerely, Vihcent Smith President r. • :4 .* A « • • 2439 SHERWOOD HILLS ROAD • MINNETONKA • MINNESOTA • 5530S OFFICE / FAX (612) 930-1046 • PAGER (612) 909-9512 . • STATE Lie 8994 • MINNEAPOLIS LlC 4978 ' ' *' • :• • « •••* < . • : • • >’ *. *lv i r- *>• ; • « • i «• •. • ■ • * ^ p ’ V ' • ••» • . ‘»* i* *• . f r « • % j • • • ■ • • •% • •• ^^ « • >< • • .• • * • S • • . . ^ • •P • **• ^. . .. >•. *• . -.. •.• . *.* .* • . : • * •. / ;S WoodSmith Ltd • Xt '€'%{: "'■). rtRSONALIZEO DESIGNS & FINE CRAn SN\ANSHlteflk>i'-« -i*-'' ' ^ .^ • ‘ f V' 7?..'■i )■ 4 Listing of the concerned parties with regard to the property at 1520 Fox Street Orono: . * m Allegro W. Parker (Owner) 1520 Fox Street Orono, MN 55391-9328 (H) 473-5740 Paul L. Parker (Owner's Husband) Sarine Address Additional Interested Party: WoodSmIth Ltd. (Contractor) Attn.: Vincent Smith 2439 Shenvood Hills Road Minnetonka, MN 55305 (W) 930-1046 (P) 909-9512 .* • 2439 SHERWOOD HILLS ROAD • MINNETONKA • MINNESOTA • 55305 OFFICE/FAX (612) 930-1046 • PAGER (612) 909*9512 STATE Lie 8994 • MINNEAPOLIS LIC 4978 ^ ‘ ' >A Note on the CADD Drawing*- It h iliffiaJt to te!l how the hou?»e b goin^ to chonge looking ot the elevations alone. Therefore, I have included two plan views (views looking from the top down) to help with understanding the addition. The drawing that has the pink highfighter shows the addition in relation to the existing house. The pink highlighted walls are the new construction. On the other hand, as I of our past customers said, It all just looks like lines on paper.’ ft//•**•#6 \ ••i./ %i- V o ri\\ PARKER RESIDENCE 1520 Fox Street Orono, MN 55391 -CURRENT ELEVATION: SOUTH-SCALE » 1/8 PP-AD-BS 19 ’ 10 I/?’ PARKER RESIDENCE 1520 Fox Street Orono, MN 55391 9fl ’ 9 1/P’ -PROPOSED ELEVATION: SOUTH- 19 ’ 10 !/?• SCALE - 1/8 PP-EL-S2 Q Oo \ V |L^ \ O ' \ ■ \ PARKER RESIDENCE 1520 Fox Street Orono, MN 55391 -PROPOSED ELEVATION: WEST-SCALE ^ 1/8 PP-EL-Wl May 6, 1997 To; City of Orono - Planning Department From: Paul and Allegra Parker of 1520 Fox Street, Orono, MM Subj; Parker's application for a variance. On April 17 of this year, we notified all neighbors whose property is within 150 of ours that we had applied for a variance in connection with the pro posed remodeling of our home. Neighbors were supplied with detailed informa tion as regard our plans. During this past week, we have spoken to three of the four neighborhood fa milies involved - our closest neighbors, the John Nolans, were invited over so that we might show them first hand what we were hoping .to do. As indicated by the attached sheet, each of the three -neighbors has indicated approval of our plans. A fourth neighbor, Edward (Ted) Hamm, has been out of the city for some time, and we have not been able to reach him. We trust that this information may be of interest and value to you. Sincerely, Paul L. Parker Allegra W. Parker 4 i May 3, 1997 To: From: Subj: City of Orono Interested neighbors Application for Variance as made by MM Paul L. Parker, 1520 Fox Street. As neighbors of the Parkers, we have been advised of their request for a vari ance in order that they may remodel their master bedroom. Ue wish to state that we have no objection whatsoever to this proposal and hope that the City will ac cede to the Parker's request. 4 Kaare and Cynthia Birkeland John and Joan Nolan 6m^ Leanne Coe/Mark Knutson I MEETING M4y 27 1997 REQUEST FOR COUNCIL ACTION ^OPORONO DATE: May 20, 1997 ITEM NO, //• Department Approval: Name Elizabeth Van Zomcren Title City Planner/Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2234 Doug Waldoch, 4215 North Shore Drive, Variance - Public Hearing Zoning District: LR-IB, One Family Lakeshore Residential District (1 acre). Lot Size: ^0,908 s.f. (.664 acres). Application: Applicant is seeking lot area and lot width to remove an e.xisting residence and construct a new residence. The lot width is 90' where 140' is required. The lot area is 20,908 s.f. (.664 acres) where 43,560 s.f. (1 acre) is required. Planning Commission Reconunendation To unanimously approve: 1. A lot width variance of 50' or 35.71% where 90' is existing and 140 ’ is required. 2. A lot area variance of 14,652 s.f. or (33.63%) where 28,908 s.f. or .664 acres is existing and 1 acre is required. Attachments: Resolution Staff Report 5/19/97 COUNCIL ACTION REQUESTED: To adopt the enclosed resolution. TO: FROM: DATE: Chair Lindquist and Orono Planning Commission Members Ron Moorse, City Administrator Liz Van Zomeren, City Planner/Zoning Administrator May 12, 1997 SUBJECT: #2234, Doug Waldoch, 4215 North Shore Drive Variance-Public Hearing Zoning District: LR-IB, One-Family Lakeshorc Residential District, (1 Acre) Lot Size: 28,908 sq. ft. (.664 acres) Application:Applicant is seeking lot area and lot width variances to remove an existing residence and construct a new residence. No other variances are required. A lot width variance of 50' or 35.71% is required. A lot area variance of 14,652 sq. ft. or 33.63% is required. Pertinent Ordinances • Section 10.24, Subd. 5,B., LR-IB, One Family Lakeshorc Residential District, Area, Height, Lot Width, and Yard Requirements Analysis LOT AREA AND YARDS LRl-B District Standards Lot Area Lot Width Front Yard Side Yard Rear Yard 43,560 sq. ft. (1 acre) 140 feet 35 feet 10 feet 30 feet U2234 Doug Waldoch 4215 North Shore Drive 5/19/97 page-1 Subject Property Lot Area and Yards Lot Area Lot Width Street Yard Side Yard Lakeside 28,908 sq. ft. (.664 acres) 98' at street; 56.20’ at lakeshore; app. 95' at front yard setback 138' to proposed residence 1J’ and 13.5'147’ The property does not meet the lot width or lot area requirements for the zoning district. Statement of Hardship The applicant intends to remove the existing residence and construct a new residence. The existing lot docs not meet the lot width or lot area requirements. Criteria for Determining Undue Hardship 1. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The existing residence could remain on the property. However, the existing residence does not conform with the side yard setbacks and the garage is located on the road easement. The driveway requires an easement over the adjacent property, fhe proposed dwelling conforms mo'‘c closely to the zoning district standards and removes the need for an easement. 2. '1 he plight of the landowner is due to circum.stanccs unique to his property not created by the landowner. The plight of the landowner io due to the existing size of the lot and his intent to build a new residence. 3. 'fhe variance, if granted, will n . alter the essential character of the locality. 'fhe proposed structure does not require structural coverage variances or hardcover variances. The existing residence is a 1-si ,ry and the proposed residence is a 2-stor>'. The proposed residence meets the height requirement of 2.5 stories or 30 feet. H223-f Douf; Waldoch 4215 North Slnre Drive 5/19/97 page-2 4. 5. 6. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this chapter. There is a reasonable use available for the property. No economic hardship has been suggested. Undue hardship also includes, but is not limited to, inadequate aeeess to direct sunlight for solar energy systems. Solar access is not an issue. The Board of Appeals and Adjustments or the Council may not permit as a variance for any use that is not permitted under this Chapter for the property in the zone where the affected person’s land is located. 7. 8. The proposed residence is a permitted use in this zoning district. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Not applicable. The special conditions applying to the structure of land in question arc peculiar to such property or immediately adjoining property. The special conditions apply to the exis'ing lot size and lot width. 9.7'hc conditions do not apply generally to other lanu or structures in the district in which said land is located. The lot sizes and lot widths in this area vary considerably. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The granting of the application is necessary to construct a new- residence. 11 . The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary' to the intent of the Zoning Code. H223-i Doug Waldoch 4215 North Shore Drive 5/19/97 page-3 Staff'does not anticipate that the variance would have a negative impact on comfort, safety, or morals. Staff suggests that the location of the new garage and residence is an improvement relative to the roadway and the side yards, 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. Staff has not been inside the structure and cannot attest to the convenience to the applicant to construct a new residence vs. living in the existing residence. The applicant will need to provide testimony to make findings of fact regarding the necessity of the variance. Issues 1. 2. 3. 4. The lot does not meet the lot area or lot width requirements. The proposed residence meets side yard setbacks. The proposed residence removes the garage from close proximity to the street, fhe proposed driveway would not require an easement as the existing driveway Staff Recommendation I'o approve the lot area and lot width variances. Attachments A B C D E F G H Plat Map Application Applicant's Letter Existing Survey Proposed Survey Elevations Floor Plans Acknowledgment Form If2234 Dcug Waldoch 4215 North Shore Drive 5/19/97 page—4 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISIONS 5 (B) FILE #2234 WHEREAS, Doug Waldoch (hereinafter "tlie applicant") is owner of the property located at 4215 North Shore Drive within the City of Orono (hereinafter "City") and legally described as follows: That part of Lot 2, Orchard Beach described as follows: Commencing at the Northwst comer of Lot 2; thence Southwesterly to ti c Southwesterly comer of said lot; thence Southeasterly along Southerly line thereof 60 feet; thence Northeasterly to a point in Northerly line of said lot distant 98 feet Southeasterly from beginning; thence Northwesterly to place of beginning, together with an casement for driveway purposes over the Northwesterly 22 feet of the Northeasterly 44 feet of the following described tract of land: That part of Lot 2, Orchard Beach described as follows: Beginning at a point on the North line of said Lot 2 distant 98 feet Southeasterly from the Northwesterly comer of said Lot 2; thence Southwesterly to a point on the Southerly line of s? ' ' 2 which point is 60 feet Southeasterly from the Southwesterly comer of said ’ ■ 'thcasterly along the Southerly line of Lot 2 a distance of 60 feet; thence Nc »..iy to the Northerly line of said Lot 2 to a point on said line which point is 76.0 feet Southeasterly along Northerly line of said lot from point of beginning; thence Northwesterly along Northerly line of said lot 76.5 feet to the point of beginning, according to the recorded plat thereof, and situate in Hennepin County, Minnesota, except that p:irt taken for North Shore Drive, Hemicpin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances from Municipal Zoning Code Section 10.24, Subdivision 5 (B) to remove the existing residence and constmet a new residence. Variances for lot width of 50' or 35.71% where 90' is existing and 140' is required; and foj lot area of 14,652 s.f. or (33.63%) where 28,908 s.f. or .664 acres is existing and 1 acre is required. Page 1 of4 Minnesota: 1. 2. 3. 4. 5. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning Fite #2234. The property is located in the LR-IB, One Family Lakeshore Residential Zoning District where the minimum lot area requirement is 1 acre. The Orono Planning Commission reviewed this application on May 19, 1997, and recommended unanimous approval of the proposed variances based upon the following unique findings and hardships: A.The lot does not meet the minimiun lot area and lot size requirements for the LR-IB Zoning District. B.The current residence and garage do not conform to the setback requirements from the side or street property lines. C. The current driveway requires an casement over adjacent property. D. The existing garage is located in the road right-of-w'ay. The City Council finds that the conditions existing on lliis property are peculiar to it and do not apply generally to other property in tliis zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City C< ■'.cil has considered this application including the findings and recommendatio of the Planning Commission, reports by City staff, comments Page 2 of 4 Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, 1. 2. 3. 4. 5. FINDINGS This application was reviewed as Zoning File i#2234. The property is located in the LR-IB, One Family Lakcshorc Residential Zoning District where the minimum lot area requirement is 1 acre. The Orono Planning Commission reviewed this application on May 19, 1997, and ri.-..’!nmended unanimous approval of the proposed variances based upon the following unique findings and hardships: A. fhe lot does not meet the minimum lot area and lot size requirements for the LR-IB Zoning District. B. The current residence and garage do not conform to the setback requirements from the side or street property lines. C. The current driveway requires an easement over adjacent property. D. The existing garage is located in the road right-of-way. ’fhe 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; w'ould not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessar}' to preser\'e a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments Page 2 of 4 by the applicant 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 lot area and lot width variance to remove an existing residence to construct a new residence per Municipal Zoning Code Section 10.24, Subdivision 5 (B), subject to the 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 pemiit within one year of the date of Council approval, or tliis variance will expire on that date (May 27, 1998). 2.Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3.The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 27th day of May, 1997. ATTEST: Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor Property Owncr(s) Page 3 of 4 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 27th day of May, 1997, by Gabriel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) NOTARY PUBLIC On this dav of , 199 before me a Notaiy' Public within and for said county, personally appeared______________________________________ known to me to be the pcrson(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__________________________________________ know'll to me to be the pcrson(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 wyi'i /\ / \ ' *■ X ^<\'V 5 \* - sr V , »?5 * r,: / 2?' X. m PART Of SA^A «:li *»ARA '^‘I \r-lfx^,.'a »>' , , "■—^ “ ‘ (tji ■■ - » J2X 'I* V TjiJ /7^.5^I hvi / '7'^^aC ^ 7v/ / / 7 7 /.}'.7r> A .*7 ■« __/i *5 ’ N>.• > ! / /^ hyi^l ''•/ o/ ^/ <c; .7 ^ ^ ' ‘-'■'^;7..s> /^ / //i9>(3.:,y(7r/ ,/:?V^i 5 110) .. J \% •?;'« \ /." \ / ^ \\<t- V'\ f j I I'y - I <c n^T^Ol \ vl ^ ^ I ->r I i I 1^ - I c2 dll L^ljf’.-jr, -J>/ - r_ / A; ^« 21 hi ?C^ 50 •V " JlXSSffiiOi l.APfti£ yi'iSKETefillKA"\ • *• •*• • • . • • • • , * * *.• •. \ ..iX Application U Date Received Amount Paid ;^Q-—'I CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $220.00 ^ ($50.00 per each additional variance) Renewal Variance Fee $120.00 (no change from original application) Variance for non-conforming structures $220.00 After-the-Fact Fees (Double application fee) i ; PROPERTY INFORMATION SiteAddress ^.Uyj> S S’Property Identification Number (P.I.D.)___O ^yy'7________ Attach legal description to application if not included on required sur\'ey. Date Pr^ertv Acquired ______^ 7____________________(month/y^) I (do) n^ also own the adjacent parcels of land. S Present use of propert>*: residential ___other (specify)______________ ________ Zoning District: Lt2-IB Opg. FtlrAilij /ZlbslOryg. | ACy€■^ APPLICANT Phone (home ) 5^7.^ . *7 Name ^ Phone (work ) ^_yy- •7v4jZ.C? Address: City: ____Zip:,jsz;g:2?^*/' O^^^VER (if different than applicant) Name _ Address: Phone (home) Phone (work)_ City:Zip: DESCRIPTION OF REQUEST Estimated Construction Cost Describe request in detail: yi.c>^^yy^yoT~' (attach additional sjieets if necessaiy') ^ VARIANCES REQUIRED y Lot Area ___Lot Width Setback:Front Side Hardcover Rear Lot Coverage Average Lakeshore Smother (specify) yiydx^ y^^^ys'cyyiuy^yr70/y / y^c.. HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: ^ ^’7 — —sy y'-^_____________ (attach additional sheets if necessary) O ^ 0^1 * ^ ‘i ■ 7 a/'■ ,y . 4 /l.r.: ^ "Ir'* Memo Date : To: April 24,1997 Elizabeth Van Zomeren City of Orono From:Doug Waldoch 4215 North Shore Drive Orono, MN 55364 Phone/Fax: 472-6427 Subject; Land use application #2234 The following documents are enclosed -Reduced certificate of surv ey. -Reduced copy of house plans -List of names of all persons with an interest in this property. -Revised hardcover calculation provided by Advance Survey & Engineering, who did the survey on the property. This should replace the calculation submitted with the Variance Application on 22 April. -Signed copy of "Adjacent Property Owners Acknowledgment Form" from neighbor at 4209 N Shore Drive. As we discussed last Tuesday, a copy the "Adjacent Property Owners Acknowledgment Form" was sent via post to the L.A. Donnay residence in Maple Grove, who owns the property at 1530 Orchard Beach Place. Please contact me if any further information will be required before the 19 May Planning Commission meeting. c ADVANCE SimVEYING & ENGINEEIUNG CO.5100S ll«% Mil 101 Mwmcli^JuMN l%>mrlt»\2}*UrM I jx |6I?|474 I:A7 SO>IJi. ONi: rN’Cll inifALS .10 HITSURVIIYTOR: DOUG WALDOCII Au|;u0 7.IW6 ucjAijiisrHJHiuJiji Thai part of IjH ?. Oirltartl llcach Jcunhctl ax fulUm^ CiMnmmcinr ci the N ih U uxcxi coiner of lu»i 2. tlirnct 5iaulhHtsitrlt lo the Suutimtuctly cut iter of uiJ loi; tlicnce SotiilicaMctlt altio|! 5outlml% Imt llittror (•'J Irtl. Ihcnce Nnrtlitasictly lo a poim in N iwiIki Ii litic of aaid tol liixtant og fen Sooi)icaxtrtl> fiuni hrpinnini;. ilimct NorlloirxtrtK lo ofl'C|tninin|L tojn*iln*r imiIi an raMtiKnl f*«* dioroa.. poif-'xr' lorr iltc Nonlmcxirih 2? 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LI&!lIAJjnji?L I he «copc oi our *en ice« lor line n*h ic a\ lollnwr 1 Shouinp llie Unimbrx linrf of lire lepal ikr<Cfip«Hio winch >o« lmn««hed 2 Slimcinp iIk * localinn of exinmp ini|'rmenH'nl« oe deenred iniporlaiii 3 I afnilaonp hard co»er conrpated with OHal a»ca !«• dcietnnne petcentape of haid co\ei 4 Shrmiop lirec ol iipnilieance. 5 ^^e iti»> nerd lo ftltglitly adjud Uic iHt«il»ciI> lot cornert per to llipfiojy information we are waitioc for and «e hare amire addUional ttakinp and locatinp lo do on iiie hul Oiij prchminar) rertion of the iurvey ir fumiilted *'•*» yttf ure until we can comoleir the work. 5J>\NJ>AIU}^M0VL5 AXUNVU N.nt'NS Nr llrnolec 1/2* ID p«|te with placiic fdnp hearing Slate l.icfnxe Nuinl«er 9215. cel o i 1/1 hj Uf o I licrchc cenilr iIiM Ihic cnrcec wa^ prep.ireJ hr im* in tnnkr m% iiiri*rl cnpcrciMoo and llui I am .i l*iotcc'n*iijl t jtpinecr and a |•lofccc|onal Surcrcor under inc l.awc »•! iIk * Stale ol Miime^na ............ ................- - -................ ... 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OMsar • o» :*•? !* • i I k • c V rr*A 4 \ % '■■'^ u -> ■'. r/ o / v> U• Vy^s « ■l;-^• ^ m c-r ->•» i • •« !i I 'VM-. •'i'l- * \ ■ ir' ■■ r ■ • ■'T- -t _____ ' w^.K* cz:f ^ r ePr •«v^x*^ ■ “ <n' 1 Ife'.tVo’ •^•*4^ ft=r:> <f«#rni>U A •, fcfintci Ytr t.«o» J>«-«» p^Vfi^ - >^u fin-fc ^•»r-?nn^ — 5V B-*rrT iNT^ ^ii€» • (Z.I ^ o piH ^^^*'*• 1 'i .■.--^rsHi^ pUU /V> O ^[2c /.'y=iy -s-t-tSHT p’y^ ?~i- Adjacent Property Owners' Acknowledgement Form I (we) Z. 4 J JJ"P____ of A. [print name(s)] [print address] have reviewed the plans for the prooosed improvement or propo'^ed use of the property located at Jiif Pa also reierred 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 Property Owner Date >► Jit ♦ 4« A ** ijl ifit ** iNf ************ K K i!r ** ** >r *♦♦♦♦♦♦ 4« ♦♦♦ ♦ [print name(s)' _______aP/L, [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at J/ZS’ /i'c) g 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 y /'/?y/9'7 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 Office at least 10 days prior to the scheduled meeting date. i •i HSSS&Sfl 3 - I (we) Adjacent Propertj' Owners' Acknowledgement Form of HAY l9 199T [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._________. 1 (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 «||M|< 4>>|> 1)| Id ■!< * 4m|> I|c 4m|i I|c«If 4n|< K< ||> >|nti IH n A A A A >lt >!t lit A K A A Vt A 4c A A Vr A A * A A * W W * ^ A * A * * * % ||| « 4< 4> >t< 4< 4< >ti 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._________. s 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 confimi for the City Council that I (we) am (are) aware of the impro\ ement plans and that the proposed neighbor's project or use requires Council approval. 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 Office at least 10 days prior to the scheduled meeting date. COUNCIL MEETING REQUEST FOR COUNCIL ACTION MAY 2 7 1997 DATE: ITEM NO.: / Department Approval: Name Elizabeth Van Zomeren Title City Planner/Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2235 Martin B. Schneider, 2180 North Shore Drive, Amendment to Conditional Use Permit - Public Hearing Zoning District: RR-IB, One Family Rural Residential District. Lot Size: 25,400 s.f. (.63 acres) Application: The owner of the Old Hill Schoolhouse at 2180 North Shore Drive, Martin B. Schneider, is requesting an amendment to a conditional use permit to allow the Lake Minnetonka Environmental School to locate in the building. Planning Commission Recommendation To unanimously approve amending the conditional use permit to provide for Lake Minnetonka Environmental School to locate in the building as lutlined in the application, subject to: 1.The building shall have a certificate of occupancy before the school relocates into the building; 2. A future change in tenancy shall require an amendment to the conditional use permit; and review of appropriate use classification and required slate building code rules and regulations for the proposed use. COUNCIL ACTION REQUESTED: To adopt the enclosed resolution. TO;Liz Van Zomeren, City Planner/Zoning Administrator FROM:Lyle Oman, Building Official DATE:May 21,1997 SUBJECT; Change of Occupancy Classification Old Hill School, 2180 North Shore Drive According to our files, the building was used as a public school until 1957 when the Minnetonka Art Center acquired it and used it as part of their art school. In 1990 to 1974 the building was used for a day care center. In 1994 the Atelier LeSueur moved into the building and operated their art school. The original school was an E-1 occupancy. The day care was an E-3 occupancy. The Atelier LeSueur school was proposed as a B-2 occupancy by the applicant's architect. The City reviewed and approved it as a B-2 occupancy. In my discussions with the owners and the architect, it was neve: considered anything other than a B-2 occupancy. - The proposed use is an E-1. It is my position that the building classification has been changed and the building is required to be provided with a fire sprinkler system per the State Building Code. A RESOLUTION GRANTING AN AMENDMENT TO A CONDITIONAL UF"? PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 5 FILE NO. 2235 WHEREAS, Martin B. Schneider (hereinafter the "applicant") has an interest in the property located at 2180 North Shore Drive within the City of Orono (hereinafter "City") and legally described as: refer to Exhibit A, attached (hereinafter "property"); and WHEREAS, per Section 10.03, Subdivision 5, the applicant has made application to the City to allow for a change in tenancy of a non-conforming use of the property to allow the Lake Minnetonka Environmental School to relocate to the site. Minnesota: 1. 2. 3. 4. 5. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #2235. The property is located in the RR-IB Single Family Residential Zoning District requiring two acres in area. The property consists of 25,440 s.f. or .63 acres. The building referred to as the Hill School was built in the late 1800's and served as an elementary school for the Crystal Bay community. In 1957 the Hill School was purchased by the Minnetonka Art Center and the facility continued to serve the Art Center through 1989. The Atelier LeSueur School has vacated the premises and it is currently vacant. On June 12, 1989, the City approved a metes and bounds division that divided the Hill School property from the Minnetonka Art Center. Page 1 of 7 6. 7. 8. 9. 10. 11. 12. From August 15, 1989 through September 11, 1990, the Art Center of Minnesota (formerly Minnetonka Art Center) leased the facility from the new owner for the purpose of continuing use of the facility for art instruction purposes. From the later part of 1990 through May 1994, the facility has served as a licensed day care and a dance school. From the late 1800's to the present, the facility has never been used as a residential dwelling. As required by Municipal Zoning Code Section 10.03, Subdivision 5, the applicant has filed for an amendment to a conditional use permit to allow Lake Minnetonka Enviromnental School to locate in the building. On May 19, 1997, the Orono Planning Commission voted unanimously to recommend approval of the conditional use permit amendment based on the following unique findings: a.The previous use as a school has existed prior to the creation of the single family zoning district through to present times without interruption. b. The proposed use will have no detrimental effects on the surrounding residential neighborhood. The Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties, would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council finds that granting an amendment to a conditional use permit to allow the use of the facility as a Lake Minnetonka Environmental School will not Page 2 of 7 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 it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council concludes that applicant's proposed use of the property as a private, non-profit middle school for grades 4-8 is a legal non-conforming use of the property and hereby grants an amendment to the conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 5. 1. 2. 3. 4. 5. Applicant shall retain a licensed architect to address code requirements for change of occupancy. This non-conforming use may not be changed to another non-conforming use. Nothing in the Municipal Code shall prevent the placing of this structure in safe condition when said structure is declared unsafe by the Building Inspector, providing the necessary repair shall not constitute more than 50% of the fair market value of said structure. If structure is damaged by fire, flood, explosion, earthquake, war, riot or an act of God, the structure may be reconstructed and used as before if it is reconstructed within twelve (12) months after such calamity, unless the damage to this building or structure is 75% (or more) of its fair market value as shown on the Assessment Records at the time of damage, in which case the structure shall be demolished, and any construction thereafter shall be for use in accordance with the provisions of the Single Family Residential Zoning District. If the non-conforming use of this structure is discontinued and remains discontinued for a period of twelve (12) months, any future use of the structure shall be in conformity with the provisions of the Single Family Residential Zoning District. Page 3 of 7 6.Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by applicant obtaining permits from the City to complete the required improvements as set forth in Condition 1 above to be completed prior to a certificate of occupancy being issued and relocation of the school. 7. 8. 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. Martin B. Schneider has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, the School, its heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 27th day of May, 1997. ATTEST: Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor Property Owners STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 27th day of May, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Mirmesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 7 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 ) ) COUNTY OF HENNEPIN ) ss. On this day of ,199 , before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 5 of 7 / / 3 4 24 - exhibit a • PARCF.L a J „ to the recorded plat thereof. Hennepin Lot 5. Bloch 3. WRKViaE. according County. Minnesota. parcel B I. ^ A all in Block 3# ^ -rg 'rr retirr-MARKVILLE. according to rn I Page 6 of 7 TO: FROM: DATE: Chair Lindquist and Orono Planning Commission Members Ron Moorse, City Administrator Liz Van Zomeren, City Planner/Zoning Administrator May 15,1997 SUBJECT: #2235, Martin B. Schneider, 2180 North Shore Drive (Old Hill Schoolhouse) Amendment to a Conditional Use Permit—Public Hearing Zoning District: RR-IB, One Family Rural Residential District Lot Size:25,440 sq. ft. (.63 acres) Application:The owner of the Old Hill Schoolhouse at 2180 North Shore Drive, Martin B. Schneider, is requesting an amendment to a conditional use permit to allow the Lake Minnetonka Environmental School to locate in the building. Pertinent Ordinances Section 10.20, Subd. 3 - Conditional Uses, A. Schools. Section 10.09 - Conditional Uses. Section 10.28 - RR-IB, One Family Rural Residential District. Section 10.05, Subd. 5 (A) - Non-Conforming Uses. "Subd. 5 Non-Conforming Uses. Any land or buildings which were actually and legally devoted to a non-conforming use on January 1, 1975, may be continued in said non-conforming use pursuant to conditional use permit granted as hereinafter specified. A. The non-conforming use may not be changed to another non- conforming use. #2235, Martin B. Schneider 2180 North Shore Drive C.U.P. amendment 5/19/97 page-1 Background: In 1984, Mr. Schneider obtained a conditional use permit to allow the continuation of a non- conforming use of the structure for a fine arts school providing full-time class instruction. A variance was also granted to allow parking in a required side yard. The proposal is a change from one non-conforming use to another and an amendment to the conditional use permit is required per the resolution that was adopted in 1994. Additionally, the Building Official has indicated that the occupancy classification would change from a "B2" to a "E2" which requires improvements to the building for handicap access and life safety standards. Proposed Use: Staffing and Capacity The Lake Minnetonka Environmental School proposes to have 2 or 3 classes with 14 students in each class for a total of 52 students. The staff would consist of 3 or 4 teachers. Projected growth would be 56 students and 5 teachers. Hours of Operation and Parking The school year would be weekdays from 8 a.m. to 3:30 p.m., September through June 15. Parking for staff is available on the north side of the building. A drop-off area is available next to the building. All students currently arrive by private passenger vehicle. However, some may be bussed in the future. Classroom Plan The two main floors would be classrooms, the upstairs will have classroom, library and computer room. The Building Official has indicated that a certificate of occupancy shall be obtained before the school can move into the building. Fire sprinklers, handicap accessibility, and handrails/guardrails will need to be approved by the Building Official before the school can occupy the building. The school’s plans will need to be prepared by an architect. No variance procedure is available to waive Building Code requirements for public health/safety requirements and handicap accessibility. #2235, Martin B. Schneider 2180 North Shore Drive C.U.P. amendment 5/19/97 page~2 Findings: 1.That the proposed location of the conditional use is in accord with the objectives of the Zoning Chapter and the purposes of the district in which the site is located and Comprehensive Municipal Plan; The RRl-B Zoning District is ” intended to provide a district which will allow a combination of low density residential development and limited agricultural use." The permitted and conditional uses in the Rl-A district carry through to the RRl-B district. The Zoning Code states " Public schools and parochial or private schools which teach a curriculum similar to a public school provided no building shall be located within 50 feet on any lot line of an abutting lot in an "R" District and that a fence be erected fifteen feet or more from all street lot lines where the abutting use is for open play, and nursery schools providing fifty square feet of playground space per pupil". The building does not meet these requirements. The Comprehensive Plan states in the Land Use Chapter; RURAL EDUCATIONAL LAND USE Typical educational facilities will be expected to remain in the Urban Service Area according to the Land Use Plan. However, Orono is host to two unique educational institutions which have proven to be acceptable rural land uses because of their special characteristics. The Land Use Plan does not provide for any expansion or duplication of these facilities, however, because the impact upon neighboring properties would increase as would the likelihood of urban service requirements. Only when these institutions are relatively small and low-key will they remain appropriate rural land uses. Minnetonka Center or Arts and Education Located on North Shore Drive in the Crystal Bay neighborhood, this institution provides high- quality instruction and facilities for all forms of artistic expression. The center has recently expanded and does draw a significant number of persons to daily activities and frequent special functions. The rural location is especially appropriate for the artist's personality, but care is necessary that the facility does not overtax the City's ability to provide the necessary services. Locating the Lake Minnetonka Environmental School in the existing structure appears to meet the requirements of the comprehensive plan for being compatible with rural land uses. U2235, Marlin B. Schneider 2180 North Shore Drive C.U.P. amendment 5/19/97 page-3 2. That the proposed location of the conditional use and the proposed condition under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The proposed operational plan for the school will be compatible with the neighborhood. The school should be limited to a maximum of 56 students or the maximum allowed by the Building Code, whichever is less. The building and the site should not be expanded to be consistent with the comprehensive plan. 3.That the proposed conditional use will comply with each of the applicable provisions of the Zoning Chapter. A variance has previously been granted for the parking area. A 15 ft. fence, as required by the Zoning Code for public and private schools in not a practical consideration for this site and would detract from the historical character of the structure. Staff Recommendation To approve the conditional use permit, subject to the following standards: 1.The building shall have a certificate of occupancy before the school relocates into the building. 2. A future change in tenancy shall require an amendment to the conditional use permit. Attachments A B C D E F G Application Plat Map School Information Letters of Support Previous Resolution Building Plans Correspondence from File Regarding Atelier LeSueur Building Code Requirements #2235, Marlin B. Schneider 2180 North Shore Drive C.U.P. amendment 5/19/97 page~4 x’’—V.'> ' V'* -y"f) CITY OF ORONO - GENERAL LAND USE APPLICATION Application f( Date Received Amount Paid 4 fV PROPERTY LOCATION Site Address 2^00 (£f/^b Type of Application to be Filed *7P C^Ol'ilCVlAL l/SB Propert}' Identification Number (P.I.D.) /O ~ //*7 " / 00^8________ APPLICANT Name /^/^0Z7A/ 3. Address /Z3<~//(//u7B£ Phone (home) ^7S^/h3/ ______ Phone (work) ^7^ ^5^5^ City 2iED/ti/A _______Zip 553^/ 1 OWNER (if different than applicant) Name ______________ Phone (home) Phone (work)_ Address City Zip Date Praperty~^quired 5' ml (montli/year) I (do^(^(dojiop'also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - _____$ 75.00 For each variance request with CUP application _____$175.00 Residential Accessory Use $250.00 Institutional (church, school, etc.) S $225.00 Guest House/Guest Apartments ’ $200.00 Duplex Credit/Bldg $300.00 Commercial/Industrial Use _ $250.00 Land Alteration ____ Grading and filling - designated wetland or floodplain Grading and filling - 101 cu. yd. or more Grading, seawall, retaining walls within 75' of lakeshore <5 PRD/PID - see Fee Schedule $150.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS _____$250.00 Commercial Site Plan Review (+ consultant fees) _____$300.00 Vacation _____$200.00 Easement Vacation _____$100.00 Easement Vacation With Subdivision _____$350.00 Rezoning (PUD - refer to fee schedule) ____$350.00 Comprehensive Plan Amendment _____$100.00 Appeals _ ledule ConJi'hi>nsLl te PRESENT USE OF PROPERTY Present Zoning District Wl- I fS ^ Present Use of Property ______Residential ^ Other (specify) ^y\n^[ REQUIRED SUBMITTALS 1. 2. 3. 4. 5. 6. 7. 8. 9. Completed Application Form. Describe request in detail. Certified Property Owners List of owners within 350', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Government Center, 348-3271). Certificate of Survey (signed by a licensed surveyor) - refer to handout for surv'ey information. Attach legal description to application if not included on required surv'ey. 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. 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 Ow'ner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: ________Date________________________ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review' of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant’s signature Date OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, conunission members, and Council members for purposes of investigation and verification of this request. Owner’s signature tVl^TTriN Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. Marlin b. 6chncidcr 1235 Hiinlcr Drive Wavzala. Minnesota 553'? 1 APRIL 24, 1997. O V 4-.. .' ' ^ :) •J i • / •rr -*■' • I \ 4 RE: 2180 N.SHORE DRIVE (OLD HILL SCHOOLHOUSE) THE PURPOSE OF THIS APPLICATION IS TO COMPLY WITH A REQUEST FROM THE CITY STAFF TO AMEND THE CURRENT CONDITIONAL USE PERMIT SO THAT A PRIVATE NON-PROFIT MIDDLE SCHOOL CAN MAKE USE OF THE BUILDING. GRADES 4-8 WILL BE TAUGHT THERE. SINCERELY, WiMt<-rvi SKiM&tiK MARTY SCHNEIDER 476-3525 OfT'cOT R..7 MINNETONKA AVE 1 MO (40) kV' '^K* (42) Kj. V '^0 4 B^ rM (43) ^ \ 6 140 --------« \ MO 7 MO 50 >:pd MO MO » r>i2"f,(s:vgTA[L' : M MO 2 '• sc (52) ^ 10 140 ^ (38) ^ i '*’02;\T5) « (37)•\ 140 c, . 6 KO ^:'(36) * 5 (34) 55^ • : 7 MO *5' BMO v'6 05) uo® > § P3 .,166.35 12 (31) 160. I 11 (30) 151.86,0^1 “ (29);^® «M3.62 9 ' 'P MMA'‘ 135.36 6 “i ‘*-55 3 •'V a (28).*^g7 (26) I*' ?!CRYSTAL AVE S P oo ’ ^ V\0 rvj I “■* V «cr* r. S 2(.*6 (44) r> s ?08 9 < 19)0 203 R s( 122- ‘'8. 5 '6.5 05) (97) ri75 «(56)[l (57)« g owO 55 irr. in CO 86.48 (19) 2 .\ IT g 175 3 Si g st55:-:Y;i: '2 ‘: • •» 6 ?:|g:::5::ig ti: • 69 t;:: ro I—I I>:::□ C/9 87,5 ;-:i:vS7',-S-:-:i PROSP ECT 1 17Scn , »~ (51) ,v' 175 1 2 (52) ^r5 1( g -T) 3i1 ___!___________1 f 1 (54)g 1 _______________ ! 175 ^(S-i)**(55) 8 17 5 87.5 87.5 -. 6 -5 x:g S (56)^ -“i..* 87.5 37.5 AVE 05 Ozn iy> 474. 5 <:0-R&H4e -5-H k? , . -V cvTT^nrj * i\ (101) ^ g 1i '3" ‘='(45 4 ■' '?/ /^ iT) IfiO35 7 :^ / ' 0 ■' « ’ / ./ « Ct:^r/4 .*■ ''‘^ i k.-: /CO/ky4. (eS — % (7) LAKE MINNETONKA ENVIRONMENTAL SCHOOL C Mission T he Lake Minnetonka Environmental School is a partnership of teachers, parents and students who work together to provide a caring, quality learning environment that promotes: •Basic academic excellence •Study skills and test-taking skills •Life skills •Nature and environmental focus •Exploration of the fine arts •The ability to cope with new and changing situations •Hands-on learning •Cooperative learning •Conflict resolution skills •Manners and a respect environment •Utilization of the community as a classroom •Parental involvement •Close communication between parents, staff and students •Community Partnership •Multi-cultural exploration and involvement •Hard work and joyful learning •Life long learning Philosophy We believe that childrens' jobs are to play, explore, learn to learn and give service and help to others. We believe the family is a strong imit that needs to be supported and deeply involved in the education of their youth. We believe the teacher is a resource and a facilitator offering information, skills, daily encouragement and training to students while supporting the family whenever possible. LAKE MINNETONKA ENVIRONMENTAL SCHOOL Staff and Students: During the upcoming two years we intend to have two - three classes of students with a maximum of 14 per classroom. Our staff will likely be three to four full time teachers. Beyond the two years we project minimal growth, with a maximum of four classes of 14 or less students per classroom, and the staff to teach those students probably being no more than five. Hours of operation: School year - September - June 15, M-F, 8:00-3:30 with possible after school classes occasionally. We may have a summer program; that is still under consideration. A summer program would have less students than the school year program. Parking: We intend to have a staff parking area on the north side of the parking lot, leaving space for drop off/pick up and visitors in the main area next to the building. The students will be arriving both by bus and car, though at this time all arrive by car. Classroom Plan and Description: The two main floor rooms will be classrooms, the upstairs will consist of a classroom, library and computer room. See the brochure for more information about the description of the school. Academics are usually done in the morning, music, art classes (which will likely be held at the Art Center) and phy ed usually occur in the afternoon. We are frequently in the community learning and giving service. Recess: One to two short recesses are planned per day. The areas that will be used are—the yard, tennis court. Crystal Bay Park and we have permission from the Art Center to use their back play area. Most of our physical education classes are held in the community—on golf courses, bowling alleys, swimming pools and community g)mmasiums, cross skiing, bike rides, etc. ■ Community Learning Opportunities Lake Minnetonka Environmental School 1996-97 Community Service •Tamarack Senior Citizens - served at Valentine Lunch •Sojourn Day Program - beginning a cooperative partnership •Bryant House - Holiday program •Toys for Tots - purchased and donated numerous toys •Interfaith Outreach - collected food •Saga Hill Park area - litter clean-up •Highwood Nature Trail - will work with Orono Park Commission as needed Government • Orono Council/Park/Planning Commission meeting - donation of Woodrill • Mound City Hall Open House • Volunteered for Republican election committee to help get out mailers • Attended Democratic rally where President Clinton spoke • Visited voting booth on election day • Toured Capitol and sat on House Floor with Congressional members Water Preservation • Workshop at Minnehaha Watershed District • Entered poster contest (two student teams and our school won prizes) • Awarded prizes at IntT Water Symposium Conference (700 people) • Toured local water treatment plants • Stenciled anti-pollution message near storm sewers Nature, environmental and survival • Wolf Ridge • Nature walks, identified vegetation, phenology activities throughout the year • Arboretum • Collected sap Af d made syrup • Raptor Center and raptor release Social StudiesIScience • Voyageur Rendezvous, Albert Lea • Science Museum • History Museum • Bell Museum - Jason Project • Planetarium • Smitlisonian Exhibit Marketing/advertising • Universal (formerly Naegle Signs) • Presentation by staff of Musicland marketing staff Physical Education Golfing, cc-skiing, bowling, rock climbing, swimming, downhill skiing Biking, rollerblading, tennis, basketball, volleyball Project Budget Restoration andRenovation........................$76,500.00An authentic restoration of the exteri r and a complete renovation of the interior for school use. Furniture, Fixtures and Equipment...............................6300.00 To include dark room equipment, classroom and lecture furniture and fixtures. Operating Expense for “Old Hill School ”...;..............................9,500.00 Maintenance, utility and clerical expense for transition period. Restoration Campaign Expense 2,500.00 Total .....................................$95,000.00 Officers & Directors Mrs. John D. Chandler Mrs. Jason C. Becker President Recording Secretary Mrs. Alden Berman, Mrs. Thomas S. Hartzell Vice President Corresponding SecreUry Mn. Daniel J. Moos Mr. James E. Sletto, Vice President Treasurer Mrs. George Brueske Vice President Directors Mrs. Robert Cosgrove Mrs. Morrow Peyton Mrs. George Gruenwald Mrs. Otto Seidenberg Mr. John B. Hawley Mrs. Richard Siragusa Mrs. H.R. Johnston, Jr. Mrs. Roy O. Stewart Mrs. Mary Marshall Mrs. Gertrude Sexton Mrs. James G. Miles Thompson Mr. Stanley Vaill Advisory Directors Mr. Hugh Harrison Mrs. Charles Kelly Mr. Wayne Blacktnarr Since its formation in 1952, The Minnetonka Center of Arts and Education has become a valued and essential element in the lives of Minnetonka and surrounding com munities. Dedicated to serving the public as a school of art and humanities, the Center has ex perienced a dramatic pattern of growth and suc cess which now seriously threatens its ability to keep pace with demand for its artistic and educa- uonal programs. Today, the Center ’s class attendance is 218% greater than when the building was originally pur chased (in 1971) and the membership is 167% larger. Therefore the Center has determined to restore the historic “Old Hill School ”, located on Center pro perty, which will economically remedy its pressing space problems while preserving an important part of the community ’s heritage. This handsome build ing, one of the last structures of its age in the Min netonka Community, will house lecture, photo- ^ graphy, music, dance, and needlework in spaces ideally suited to these activities. In addidon, the saved building will provide focus for community and organizadonal meetings, and studio space for individual artists. But perhaps most important, the saved building will help the Center meet its ob- jeedve for quality educadon, enhancing the total fabric of community life. Restoration by James C. Hillegass of Keystone Construction Company. Photos by Michael L. Kopp. inm • t !•* zdf .*• » ► .JJiSI I ?•'/= ^ - >r ^ >:■- nriigpri lint ?• ?T^.- *ui ♦ ^ r:H »▼ ’ ^ i %^:Z liJP^i ^ • ' jMWWilWIWl II ^-'ii”' r ^. ■ '•■' ■■' ^ '-ij&iiy^ *,;: lu^ >l:^<^ f-VrC V. r*' kv.\* ............... ‘nvcsiigaiors asked him that the union opposes the um o?n GRIFFITHS WAS REINSTATED July 27 after he took a polygraph test that ?eHgicuiri>dfef^^^^^ questioning him about devil worship and Griffiths* rights against seU-lncrimiiSion iS «.VFFrr L ake Minnetonka (Also Serving Carver County and Plymouth) tt jy«U ^ch.H.I Dmricl 284. M.nnri^nV* School Disirict 2T6. .Mound Weslonki School Disirici 2T. 0 and Orono School Oiilrici 278 Vol. 4, No.34 lf?g IM TWO SECTIONS Wednesday, August 25, 1976 i Ofd Hill School re-dedication was a hqinoie-grown/'small-tpwny ‘ happening t. . ‘.‘THIS is hov a parade should be ! That ’s ^:.co‘ns^us of wdtehers who linM the'four block route of Orono’s first and only parade from the village ball to the newly restored old Hill Sd^rbiiilding Saturday... " ^ r Home grown,-smalL towny with a. parade of antlquei'cars, an old vel ocipede, kids, kids, kids and their dogs. Girl and Boy Scouts and the Blue Knights Drum & Bugle Corps were there. But nowhere in the entire line of march was a conunercial float. THE PARADE was indicative of the rest of the day’s happenings from the Girl and Boy Scout flag-raising ' ceremony at Center West (the new j name for new Hill School) to the bam { dance that night. Tom Williams and Judy Johnson were the scout leaders. Presidents Carol Berman and Eleanor Cosgrove sounded the keyn- j ote in words and looks. Carol in a black school marm’s costume with parasol representing the 1890s and Eleanor as 1976 emphasized the meaningful historical significance of “Old Hill” in Orono and the con- HILL SCHOOL To Pago 5 ►A 1 /r ;; ? ' 7 i V * - *r ' •pf-/ a® f 4 / i y i r •• CUTTING THE RIBBON From left, Eileen Hock, Jim Hillegass, Betty Chandler, Laura Miles Second CWm Rou»y« Po^ At MiAA«apo}ii. Minn. ••• c i: Sojourn Adult Day Program 4497 Shoreline Drive Spring Park, Minnesota 55384 5-5-97 Planning Commission C'ity of Orono Orono City Hal) Orono, Minnesota 55392 To Whom it May Concern, Tliis is a letter in support of the Lake Minnetonka Environmental Schools relocation to the old Hill School building in Orono. Sojourn Adult Day Program has been serving elders and their families around Lake Minnetonka since 1984. Our special emphasis is to provide intergenerational opportunities which foster lifelong relationships valuing each other. The Lake Minnetonka Environmental School and Sojourn are collaborating on plans for intergenerational art, horticulture and video nrojects during the 1997-1998 school year. Community partnerships benefit everyone The City of Orono would be well seived to have an inno\ ative, visionirv' school located at Hill School. Speaking tor the community elders at Sojourn Adult Day Program, we appreciate your support for the plan Sincerely, Sally Grathwol Hebson j Executive Director , Sojourn Adult Day Program l d r309 liv OMISnOH N1 tJHd HOdJ NV61 • I Z.661 -90-S > TO: ORONO CITY COUNCIL From : MINNETONKA CENTER FOR THE ARTS DATE: MAY 6, 1997 Our organization wishes to add its support to the request of the Lake Minnetonka Environmental School to occupy the old Hill School, Their use appears to be consistent with the past uses of the building, and we believe they would an asset to the community. We would intend to cooperate with them to ensure we are “good neighbprs”. Than)c you for youp^on^eration, san Anderson xecutive Director Minnetonka Center for the Arts received may 7 mi HIHHETOHKH CEHTERSRRTS CITY OF ORONO 2240 Norll SUr( Dtiir Wiuili MN 55J919I27 6 1 2 4 7 } 7}6I Fit 612 47} 7}6} J f* CITY of ORONO RESOLUTION OF THE CITY COLTS'CIL no._3JL2_4_____ A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 5 AND A VARIANCE TO SECTION 10.61, SUBDIVISION 5 (A) FILE NO. 1923 >VHEREAS, Atelier LeSueur. Inc. (hereinafter the -applicant") has an toerest in the property located at 2180 North Shore Drive within the City of Orono (hereinafter ty and legally described as; refer to Exhibit A, attached (hereinafter "property"); and WHFHEAS ner Section 10.03, Subdivision 5, the applicant has made application ,0 the City to anow Seail*0.6r,‘'S[bdWisron°5 (A) Z ruira« coXedTse of an open parldng area located within a required side street yard where no such parldng would be allowed. Minnesota; NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. 2. This application was reviewed as Zoning File ^^1923. The property is located in the of^25^^^^ ?°oT.63^acres^^requiring two acres in area. The property consists of 25,440 s... or 3. 4. Paee 1 of 7 1 !S r;n»8^4•C CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3424_____ 5. 6. 7. 8. 9. 10. On June 12, 1989, the City approved a metes and bounds division that divided the Hill School property from the Minnetonka Art Center. From August 15, 1989 through September 11, 1990, the Art Center of Minnesota (formerly*Minnetonka Art Center) leased the facility from the new owner for the purpose of continuing use of the facility for an instruction purposes. From the later part of 1990 through the present, the facility has serv ’ed as a licensed day care and a dance school. From the late 1800’s to the present, the facility has never been used as a residential dwelling. As required by Municipal Zoning Code Section 10.03, Subdivision 5, the applicant has filed for a conditional use permit to allow the continued use of the facility or a fine arts school offering full-time instruction. On April 18, 1994, the Orono Planning Commission voted unanimously to recommend approval of the conditional use permit and variance based on the following unique findings: a. The use has existed prior to the creation of the single family zoning district through to present times without interruption. b. The use has had no detrimental effects on the su-rounding residential neighborhood. The art school to be operated from the Hill School building will contmue to share parking facilities of the Art Center of Minnesota consistent with the former comprehensive operation. The City has no record of vehicular accidenL^ ng from the use of die gravel parking areas along the east side of i -.: pro crty adjacent to Bnar Street. c. d. Page 2 of 7 ■i CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 4 24_____ 11 The Council finds that the conditions existing on this propery 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 propenies, would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. p The City Council fmds that granting a conditional use permit to allow the continued use of the facility as a fine arts school offering full-time instruction 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 propenies, nor will it depreciate surrounding property values and that the proposed level of use of the propert)' will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council concludes that applicant’s proposed use of the property as a school of fine an instniction is a leg^ non- conforming use of the propertv and hereby grants a conditional use permit per Municip ^ _ g Code Section 10.03, Subdivision 5. The Council further concludes that the configuration o.^he Hill School property and the historic background and school use of the tmlh-ed side coLquently grants a variance that would allow open parking stalls within the required side street yard. This approval is subject to the following conditions. Applicant has received approval of a variance to allow open parking a required side street yard area as shown on approved site plan resolution as Page 7. Applicant shall be responsible for installing ^ V tto Mar S«et righti way as shown on said sue plan .o be completed by November 9, 1994. Applicant shall provide an updated survey locaimg travelled right-of-way of Briar Street. I. Page 3 of 7 rartSXSMiOP- CITY of ORONO RESOLUTIOiN OF THE CITY COUNCIL NO. 3 4 24_____ [<jy. 2. 3. 4. 5. 6. 7. ADDlicant shall retain a licensed architect to address some of the S as^originally set forth in the Building Official’s memo of Apn 18, 1994 that are to be completed by November 9. 1994: a.Handicap access to first level only. b. Handicap sanitation facilities c.Consideration of occupancy requirements and type of construction. d. Exiting requirements. This non-conforming use may not be changed to another non-conforming use. providing the necessary repair shall not constitute more than o market value of said structure. If strucmre is damaged by ftre, flood, explosion, “7", t mcomttcmd wiSTwe.ve (uTmX'aflersuch ss,‘=, l«LaLet”*tfpmvilrotI Single Family Residential Zoning Distnct. r • ro thic ctnicture is discontinued and remains discttinueVfor °a7e”od of twelve (12) mon^s any shall be in conformity with the provisions of the Single Family Kesioe District. AuUOTiiiM 1 and 2 above to be completed by November 9, Page 4 of 7 1 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 4 24_____ 8.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. 9.Annette LeSueur, the Director of Atelier LeSueur, Inc,, has read, understood and hereby agrees to the terms of this resolution and on behalf of herself, the School, its heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 9th day of May, 1994, lofbthy in, City Clerk Edward J. Callahan, Jr., Mayor ’ r\r ^ o Annette LeSueur Director of Atelier LeSueur, Inc. chnejder jy TVs, Andrea E. Schneider STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) u- n u ^ The foregoing instrument was acknowledged before me on this 9th day of May, 1994 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of ° Orono, a Minnesota municipal corporation and said instrument was executed on e a o e City. LINDA S. VEE NOTARY PUBUC • MINNESOTA HENNEPIN COUNTY My oommiMion axplrM S-12-90 ■ A ^ I Notary Public Page 5 of 7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 94^4______ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of ,Tu LOn this day of .7 u /y __________» iyyj_ ocit and for said county, personally appeared. A(\neH<j , \99jJ_ before me a Notary Public within u ryryiarnp ^rnrmeTb; in and who executed thi f^egoing mstrument.and ^ri-nn-l-V-* pxKuiaLihe same as his (their) free act and deed. LINDA S. K^^cenTA .,'L^'UL. • t/ 2_C. , j-CTJt wpn NE pTn county ^ My^mrr.l9SlOO - I a » < f 'not Arypubuc STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of / w /V/199^ before me a Notary Public within wii uu:> / 7 —r ----------------------r-’ — ' !✓ / and for said county, personally appeared fyl^rJ^-n h ^■—7 known to me to be the persons) described in and who executed the foregoing instrument,an acknowledged that he (they) executed the same as his (their) free act and deed. rJOTXPV^PU^H^- MPJNSSOTA / ,/. NOTARY PUBLIC STATE OF MINNESOTA ) COUNTY OF HENNCTIN ) , / J ^ public within acknowledged that he (they) executed the same as his (their; free act and de . UNDA S. VEE^°^rN5s\N bouN^r MySl^^axplres 6-12-96 Vi/. j • NOTARY PUBLIC Page 6 of 7 l««W0S0Hl^ TV\v 5 ua-UL \s noV <\#r \s +V\»s tod K •"TVxcrt. is AtXtAT pAUip VAVv eci\s. f TV\C. ^^)ou\a toe ^nc+l>j for space Kepf of S o woulA >D€, ow cAear "H t»*'VU €X\”Vs« I cr»«* • CLaMMBO^ *0 M co^tns irw*^ V4UI 1 Xir^r r A« *e at I OJMw aL»« oo ^ooa re ■ at^uiCB iro J >cjc r^^ •«« •AiK-r^ ^OO* *C M amXDl PHASE I BASEMENT LEVEL PLAN ATELIEP LE SLEUS OPONO, MINNESOTA ^mweocnoK. •r«4C« or^^«p»&•« ari^'ciAMMr ^ 4mtO ^ I kcoolm. ___- ~ nuf-iiiarwiirr^ ""“—Zi r^Mio U*t%aaMV rr^m ■■^7' ^I'Tf 1 - «- Cf«N ftru^io V —^ ' IKEA iZ r 'i 8 t 11«5'Ul. I1 11 1 L»-» 'I i^SCxSM^ V n tc!let \ II r XXX ] ------ fn t.e '< 1 • l^=4l Jl M-- M< PCrgR [ x>or I «CV«r^*CBt «ouec>on 9<u«*«« totvoi 8e*u«ik.0*« 1. \ KDddkX PHASE ER LE inoo*cj^g#«Qw iccmiffT tanrgri»cjci4«py ■enpooi^ •o iM 4CCiM«Lf vout I •«« n«f M iCOC9 4CT A1 DtfT» I vfM'v^TOt JO «X H #^i»KCTS s.^ r*JD<e Mc gov>r I FIRST LEV'EL PLAN ©ss^^errirNNESOTA r 'f Idor -Gr fV\c s&coAd flodf >jOou IA We. b^tf|fCe^ U+d -tUre^ i^acVuA^ ft.rcA5.Tvve. a , Wtfu\A\/e. ov S’ fp Ki^a CuLtcfc p^^'f'iton \^a |( l^*rcleri')' vtt'fh '^’our fy 'ft\/& Mint C4*.Wic4cf 0A +lic inside 0-f fA.e u/o.t« -Qr 5+a Iu 11 «+y of iiic t/j o,xl -h) bt used <ii f^;^/AU sVuAy;,^ ^M-eA5. Tbe. 4uio otr«A« Ve ufiltjci af ShKoJiitr clotssr^dAvs vyrHv 'V'lC. loeiAg useJ^ AS «. pute/ Ub,. .j ■■ . LIfV__snxjo riP^ V__ \ .1 « • sS »4f «a< HoJJlvaa-^ b'jt3\’ 'mW.<A+^» ft-d. lOVx* K A-' Nor -TO Poc. pef©^€NCt <3*''C.y PHASE 1 SECOND LEVEL PLAN SCALE: l/4'=r-0‘ L. November 8,1994 .NOV, 1.4 .1994 ^ • I ^ ! ! i Annette LeSeur, Director Atelier LeSeur 3565 Deephaven Ave. Wayzata, MN 55391 Re: Atelier LeSeur Code Compliance Dear Annette: Enclosed are drawings and documentatio:- that address the issues set forth in your conditional use permit by the city of Orono. 1 urivle'-st iud that you have already completed the requested site work'and that work has begun on the second level exiting requirements at the north side of the building. As you know, the rxlsd'’.g fue escape is adequate in width as well as its rise to run ratio, though it must still be structurally reattached to the exterior wall. The drawings that 1 have included specifically show the handicap ramp access at the first level as well as future modifications to sanitation facilities for accessibility. It is my understanding that the city of Orono has also requested a consideration of occupancy requirements and type of construction. In the preliminary study completed by CHQ die requirements and type are as follows: Occupancy: B-2 (Max. Occupancy of 50 in any single room.) Basement: 1360 s.f. @ 20 s.f. (classroom) per person = 68 people First Floor: 1378 s.f. @ 20 s.f. (classroom) per person = 68 people Second Floor: 1650 s.f. @ 20 s.f. '*!• 'sroom) per person = 83 people Type of Construction: V-N <8,000 s.f. max. area, 2 story max. height) If you have any further concerns or questions regarding these issues contact us and we can assist you further. We look forward to working with you through the next phases in remodeling your building. Congratulations on the success of youi school and your “new” facility. :r IDO! 'uningham Ham^on Quiter, P.A. cc: John Cuningham (CHQ) Lyle Oman, Orono Building Inspector P;\93\32\/i R\ATELIER4.DOC 4 i I . 4 J Cuningham Hamilton Quiter. P.A. Architects 201 Mam St S E Suite 325 Minneapolis. MN 55414 Telephone 612-379-3400 Facsimile: 612-379-4400 JohnW Cuningham. FAIA John E Hamilton. AIA JohnE Quiter. AIA Thomas L Hoskems. AIA PLAN REVIEW NOTES August 1, 1995 OWNER:Annette LeSueur, Atelier LeSueur Art School USE:Art School INSPECTOR:Lyle Oman Based on the 1988 Uniform Building Code Occupancy Type B-2 Construction Type VN (8,000 s.f. allowable area, 2 story maximum height) Building area and occupant load Basement 1,360 s.f. @ 20 s.f. per person 68 1st Floor 1,378 s.f. @ 20 s.f. per person 68 2nd Floor 1,650 s.f. @ 20 s.f. per person 83 Exiting Basement - 2 exits required May exit through one adjoining room which provides a direct obvious and unobstructed means of travel to an exit but shall not pass through kitchens, storerooms, restrooms, closets or spaces used for similar purposes Provide exit signage First Floor Partitions must meet the requirements of UBC 1705 (c) Second Floor See previous notation on partitions Exterior exit must meet the requirements of UBC 3306. 1 I 1 GITYof OROXO Municipal Offices Street Address: 2750 Kelley Park-May Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323 0066 Ms. Annette LeSueur Atelier LeSueur 2180 Nonh Shore Drive Wayzata, Minnesota 55391 Re: Occupancy Requirements - 2180 North Shore Drive Dear Ms. LeSueur: I have completed a preliminary review of your submittals for change of occjpancy at 2180 North Shore Drive in Orono. I apologize for the tardiness of this review. The City is experiencing a lot of construction activity. Attached are my plan review notes. These should be considered when preparing plans for a building permit application. The building penait is required to build the ramp, remodel the restroom, repair the second floor exit and con-ply with the building code items related to the occupancy classification change. The required work should be completed as soon as possible but before school starts in the fall. If you have any questions, feel free to contact me at m- office. Sincerely, L^ Oman Building Official LO/ch Enc. cc: Jeanne A. Mabusth, Building & Zoning Administrator Bruce L. Vang, Field Inspector Tdepbooe (612) 473-7357 • FAX 473-0510 i PL VN REVIEW NOTES August 1, 1995 OWNER:Annette LeSueur, Atelier LeSueur Art School USE:Art iZchool INSPECTOR:Lyle OniiXn Based on the 1988 Uniform Building Code Occupancy Type B-2 Construction Type VN (8,000 s.f. Allowable area, 2 story maximum height) Building area and occupant load Basement 1,360 s.f. @ 20 s.f. per person 68 1st Floor 1,378 s.f. @ 20 s.f. per person 68 2nd Floor 1,650 s.f. @ 20 s.f. per person 83 Exiting Basement - 2 exits required May exit through one adjoining room which provides a direct obvious and unobstructed means of travel to an exit but shall not pass through kitchens, storerooms, restrooms, closets or spaces used for similar purposes Provide exit signage First Floor Partitions must meet the requirements of UBC 1705 (c) Second Floor See previous notation on partitions - Exterior exit must meet the requirements of UBC 3306. GITYof ORONO Municipal <Rees Streat Address: 2750 Kelley Parkway Orono, MN 55356 Maiting Address: P.O. Box 66 Crystal Bay, MN 55323 0066 Ms. Annette LeSueur 2180 North Shore Drive Wayzata, Minnesota 55391 Re: Occupancy Requirements - 2180 North Sl’.ore Drive Dear Ms. LeSueur: On May 9, 1994 the Orono City Council approved a conditional use permit for you to use the building at 2180 North Shore Drive for a school in a residential zone. One of the conditions of approval was to comply with building code items related to the change in occupancy classification. As of this date, these items remain incomplete. The City understands your enrollment was down last year and you could not afford to do the required work. However, the City must require this work to be completed. A new deadline of April 1, 1996 has been established for building permit application submittal. A deadline of June 1,1996 has been established for full compliance with the building code. As pei Resolution #3424, Condition #8, "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." If you have any questions, please feel free to contact me at my office. Sincerely, k^(D/rv«-e— Lyle Oman Building Official LO/ch cc: Jeanne A. Mabusth, Building & Zoning Administrator Bruce L. Vang, Field Inspector Telephone (612) 473-7357 • FAX 473-0510 Marie N. Schreiner Atelier LeSueur 2180 North Shore Drive Orono (Wayzata), MN 55391 July 15, 1996 City of Orono Attention: Lyle Oman, Building Official P.O. Box 66 Crystal Bay, MN 55323-0066 \\iV \ ft ' ' \’i Re: Update on building codes Atelier LeSueur — 2180 North Shore Drive Dear Mr. Oman, I apologize for the delay in our reports to you. I have been out of town on business for Atelier LeSueur for a number of weeks and am just catching up with the work here. The business concerns the funding for our school, which is still in progress. The Board of Directors have very recently hired me to be the Business Director for the Atelier, which gives some regularity to my position. We are pursuing the Historic Site project through Jennifer Yoos, an architect who is deeply interested in the restoration of old school buildings. Jennifer is with Cuningham Hamilton Quiter, P.A., Architects, 201 Main St. S.E., Suite 325, Minneapolis, MN 55414, Telephone: 612-379-3400. (I know she has written to you, but I just want to make sure that everybody can get in touch with everybody when necessary.) Jennifer is currently modifying some plans that she drew up for us to bring the building up to code. Several items have come up that require additional consultation with you. 1) We discovered an abandoned well on the west side of the building near the north corner. This wc ha^ a taken immediate steps to have filled in and removed as a hazard. Allen Schmidt supervised this job for us, and I believe he mentioned your having been on site to inspect. This work is now complete. 2) Inside the building in the basement, nearly opposite the well is another well-type hole. We do not know what this is, but are assuming it also should be filled in. For the sake of the records on the construction and use of the building which Jennifer is assembling for the historic site application, does your office have any records of either of these "wells,” when and how they were used? 3) Even though we are pursuing the handicap access to the building, somehow the preliminary drawings have not taken into account the doorway widths to allow handicap access between all mi rooms inside the school. Jennifer is drafting those adjustments. To bring you up to date on the projects underway, we are using Allen Schmidt for the interior doorways and modifications, and have hired Construction Concepts Inc. (7525 Mitchell Road, Suite 219, £den Prairie, MN 55".44, Telephone 612-934-47..0) to begin immediate work on the fire escape and fire escape access projects. I spoke with Dan Cadmus from Construction Concepts, who is supervising their work, to see what his timetable would be. He is confident that this part of our code projects will be finished this week, complete with stress testing, which they are equipped to do. Dan did not know whether he needed to have a permit from Orono for the work, and I referred him to your office. So you may already have heard from him. We would like to have your approval on the school's compliance with Orono's codes in all these areas before finalizing payment to the various contractors. I or Allen or Dan will be in touch with you to set up an inspection appointment as soon as the work is completed. The other code projects have not been forgotten and will be addressed as soon as these more emergent matters are attended to. Should you have further questions, please feel free to contact me. My phone number is 544-6007. Thank you for your cooperation. I look forward to hearing from you at your earliest convenience. Sincerely,r Marie N. Schreiner, Business Director, Atelier LeSueur Marie N. Schreiner 2709 Lamplighter Lane North - Crystal, MN 55422 < May 2, 1996 ' City of Orono Attention: Lyle Oman, Building Official ' P.O. Box 66 Crystal Bay, MN 55323-0066 Re: Update on building codes Atelier LeSueur — 2180 North Shore Drive Dear Mr. Oman, Several areas of our plans to bring the Atelier LeSueur building at the above address are moving forward. Our funding, which we are expecting in the next week or two, seems to be on schedule as well. Once this is in place, we anticipate being able to move forward much more vigorously. Annette has spoken with and engaged Mr. Allen Schmidt as a contractor/remodeler for the building and arranged for him to visit the school and view the Phase 1 projects. He should be in touch with your office for the necessary building permits very shortly. He mentioned having worked with you before, so I think we have a good match here. I would appreciate your checking with him to make sure we are considering all the work of greatest immediacy from the standpoint of the building codes. In case you need to get in touch with him, he lives at 1415 Cherry Place in Orono, and his phone number is 471-0413. I have sent for the applications and other paperwork needed to have the school classified as an historic building. We are waiting on the state to return those forms to us. It seems reasonable to target additional progress on these applications in the near future. If it is of interest to you, I would be happy to copy the material to your office. Should you have further questions, please feel free to contact me. My phone number is 544-6007. Thank you for your cooperation. Sincerely, Marie N. Schreiner, Project Assistant, Atelier LeSueur i Annette LeSueur 3565 Deephaven Avenue Wayzata, MN 55391 March 20, 1996 City of Orono Attention: Lyle Oman, Building Official P.O. Box 66 Crystal Bay, MN 55323-0066 APR .5 1996 § « • • • Re: Occupancy Requirements- 2180 North Shore Drive Dear Mr. Oman, I vant to respond as quickly as possible to the points made in the March 19 meeting Marie Schreiner and I had with you. We appreciate the courtesy and direct;, ass you showed in giving us a chance to discuss the present and future use of the building currently housing Atelier LeSueur regarding safety and access codes. As I explained, a number of the code requirements outlined by your office as necessary have already been met. We have eliminated the curtains blocking view of the exits and have substituted office- type dividers for the various student cubicles. The parking area has been modified and the bumper railing added. The basement area, which needs a lot of costly alteration, we have closed off for class and student use with the exception of some storage. This last action is also directed to the stairwell which needs rebuilding. We have had plans for all the other changes drawn up and ready to implement as money is available. Further construction modifications have been held up in two ways: First, Atelier LeSueur is ^ Ing for the building at 2180 North Shore Drive to be dec?- ; * storic site. This would significantly affect the ways ‘ ccess and safety codes would need to be met, and indeed, iu.t.^nt even alter the requirements themselves. Since you made it clear that dealing with the historic site issue would be a first for you as well as for us, we hope you will bear with us through this process. We will certainly keep you apprised of all information and developments as they come to us. Of immediacy is the question of how soon will we know and what are the possible alterations in code. My board and I are working hard on this project and will have some answers within a month. Second, you are quite correct in attributing a significant portion of the delay to a lack of funding. The investments we confidently expected to be in place last fall are slow in coming as we discovered happens when dealing with European banking systems. However, we do have a rommicuv^nt for the first or second week of May, when money should begin to be available. This will not give us enough time to complete all the code work by the first of June an suggested in your letter. However, what we can do is engage a contractor/builder/restoration expert now, take out the necessary permits and begin on the most critical projects, giving you and your office mont’-'ly reports on progress until the work is finished. Since, in advition to and following the code compliance, our plans are to restore and beautify the building and property as a credit to the neighborhood and community, this would enable you to advise and guide us through the entire construction period. Though we are in the business of aesthetic beauty, we also want to be functional and safe for our students and the public. PHASE 1; As I understand your counsel, the order of priority (to which we agree) is that the first worl; to be done is to add the steps to the upper floor fire exit and to firmly attach the fire escape to the building wherever and however necessary to make it safe. When we hire a contractor, we will be able to set a deadline for this work. However, I think this will not be a lengthy phase. PHASE 2; Concurrently with Phase 1, we will be pursuing the matter of the declaration of the building as an historic site. The questions we have on the requirements and the possible code modifications we should be able to quickly discern. Further consultation with you and your office will then be necessary, deper.v -vi cn the information received. This could materially affect !.’" ' placement of handicap access as well as many facets of inter: ; design, from fairly large items such as the rescructuring of bati.j-ooms to such details as the preservation of Prairie Period moldings and room proportions should doorways need to be widened. PHASE 3; The handicap entrance access and bathroom access are both issues to be addressed as soon as Phase 2 is determined. As you know, we are preparing proposals on both elevator and ramp access. PHASE 4: The work in the basement will precede any student use of that area. Our plans include first, the stairwell and alternative exit; second, any possible expansion of wiring, etc. needed for student use (As I explained to you, the building was rewired and inspected about 1975, but we want to be sure all is in order.); third, ceiling and wall work and window repair; and fourth, completion work. Beyond these phases, of course are the other construction and improvement projects that are less time critical. If I have missed any of the necessary work outlin'd by the building code, please let me know and it will receive immediate attention. Again 7. want to thank you for your assistance and contribution to the future of our school in the Orono community. Please call on me should there be any questions or changes in code. Sincerely, Annette LeSueur, Direccor of Atelier LeSueur CITY of ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay. MN 55323-0066 Marie N. Schreiner Atelier LeSueur 2180 North Shore Drive Wayzata, Minnesota 55391 Re: Building Code Compliance - 2180 North Shore Drive Dear Ms. Schreiner: On April 27,1994 this office first became aware of your change in use of the building at 2180 North Shore Drive in Orono. As you know, this change requires the building to meet ail building code requirements for the new use. Some progress has been made; however, I feel the City has provided ample time for you to complete these requirements. Some of the outstanding items include handicap access and code compliance of the exterior stairs. This letter is to notify you that we are aware that the building is not being used at this time and that the building must be in full compliance before it is occupied again. If you have any questions, please feel free to contact me at my office. Sincerely, Lyle Oman Building Official LO/ch cc: Gregory A. Gappa, Director of Public Services Jeanne A. Mabusth, Building & Zoning Administrator Bruce L. Vang, Field Inspector Telephone (612) 473-7357 • FAX 473-0510 ^UUNCIL MEETING MAY 2 7 J997 REQUEST FOR COUNCIL ACTION ^'^OPORONO DATE; May 22, 1997 ITEM NO /? Department Approval: Administrator Reviewed: Name Elizabeth Van Zomeren Title City Planner/Zoning Administrator Agenda Section: Zoning Item Description:#2236 William H. Bockmann 1090 Loma Linda Avenue Variance - Resolution Zoning District:LR-IB, One Family Lakeshore Residential District (1 acre) Lot Size:9,365 s.f. (.215 acres) Application: Applicant is seeking a variance to the required 10* side yard and an increase in hardcover to remove an existing one-car garage to install a tvvo-car garage. Planning Commission Recommendation: To unanimously approve: 1. A side yard variance to reduce the existing side yard from 3' to 2.6' where 10’ is required. 2. J. A hardcover variance increase from 1,754 sq. ft. (37.20%) to 1,838 sq. ft. (38.98%) in the 75-250 ’ setback where 1,178 sq. ft. (25%) is allowed. To put future owners on notice that future variances for hardcover would not be considered favorably. Attachments - Resolution - Staff Report 5/19/97 COUNCIL ACTION REQUESTED; To approve the enclosed resolution. Isv A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) AND SECTION 10.22, SUBDIVISION 2 FILE NO. 2236 WHEREAS, William H. Bockmann (hereinafter "the applicant") is the owner of the property located at 1090 Loma Linda Avenue within the City of Orono (hereinafter "the City") and legally described as follows: Lot 9, Loma Linda (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) and Section 10.22, Subdivision 2 to remove an existing one-car garage and to construct a two-car garage resulting in a side yard variance to reduce the existing side yard from 3' to 2.6' where 10' is required and a hardcover variance increase from 1,754 sq. ft. (37.20%) to 1,838 sq. ft. (38,98%) in the 75-250' setback where 1,178 sq. ft (25%) is allowed. Mianesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. 2. 3. This application was reviewed as Zoning File #2236. The property is located in the LR-IB, Single Family Lakeshore Residential Zoning District where the minimum lot area requirement is one acre. The Orono Planning Commission reviewed this application on May 19, 1997 and recommended approval of the proposed variances based upon the following unique findings and hardships: Page 1 of 4 4. 5. A. The lot does not conform to the minimum lot area and lot width requirements for the LR-IB district. B. The well located in the yard limits new construction. C. No negative comments have been received from adjacent property ov/ners. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances for hardcovei and side yard and street yard setbacks per Municipal Zoning Code Section 10.24, Subdivision 5 (B) and Section 10.22, Subdivision 2 to remove the existing one car garage to construct a two car garage, subject to the following conditions: 1.Authorities granted by this variance run with the property not with the applicant, but is permissive only and must be exercised by application for a building permit within one year of the dale of Council approval, or this variance will expire on that date (May 28, 1998). Page 2 of 4 . < 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 any authority granted herein, and shall be punishable as a misdemeanor. 3.The undersigned applicant has read, understood and hereby agree to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 28th day of May, 1997. ATTEST: Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor Property Owner (s) STATE OF Ml>T^ESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th day of May, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 4 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 ) ) COUNTY OF HENNEPIN ) ss. On this day of , 199 ___, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 4 of 4 TO:Chair Lindquist and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Liz Van Zomeren, City Planner/Zoning Administrator DATE: SUBJECT: May 12, 1997 #2236, William H. Bockmann, 1090 Loma Linda Avenue Variance —Public Hearing Zloning District: LR-IB, One-Family Lakeshore Residential District, (1 Acre) Lot Size: 9,365 sq. ft. (.215 acres)I Application:Applicant is seeking a variance to the street setback and side yard requirements and hardcover to remove an existing 1 car garage to install a new 2 car garage. A hardcover variance in the 75-250' setback area is required to increase hardcover from 1,754 sq. ft. (37.20%) to 1,838 sq. ft. (38.98%) for a variance of 84 sq. ft. or .018%. A variance to reduce the side yard from 3.0' to 2.6' is required. The setback from the street is existing at 14.6' and the proposed 2 car garage would also be 14.6' from property line. 1 Pertinent Ordinances Section 10.24, Subd. 5,B., LR-IB, One Family Lakeshore Residential District, Area, Height, Lot Width, and Yard Requirements Section 10.22, Subd. 2, Lakeshore Hardcover ^2236 William Bockmann 1090 Loma Linda Avenue Variance 5/19/97 Page 1 Analysis LOT AREA AND YARDS LRl-B District Standards Lot Area Lot Width Front Yard Side Yard Rear Yard 43,560 sq. ft. (1 acre) 140 feet 35 feet 1 10 feet 1 30 feet Subject Property Lot Area and Yards Lot Area 9,365 sq. ft. (.215 acres) Lot Width 50 feet Street Yard 14.6' from street (no change) Side Yard 3.0' e.Kisting; 2.6' proposed Lakeside approx. 80' from lakeshore HARDCOVER ANALYSIS Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0'-75'4,650 sq. ft.152 sq. ft. (3.27%) None 152 sq. ft. (3.72%) No Change 75'-250'4,715 sq. ft.1,754 sq. ft. (37.20%) 1,178 sq. ft. (25%) 1,833 sq. ft. (38.98%) 655 sq. ft. (.139%) Statement of Hardship The subject property does not meet the minimum lot area or lot width. The e.xisting garage does not meet the 1 O' sideyard requirement. The location of a new garage is restricted by the location of a well on the property. The Building Code requires that any new construction be located at least 3' away from the well. The well is in the middle of the property (approximately 25' from both side property lines). U2236 William Bockmann 1090 Loma Linda Avenue 1 ‘ariance 5/19/97 Page! i (1 Criteria for Determining Undue Hardship 1. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The variance is for an accessory structure. It is reasonable for a property owner to want to have an enclosed parking area for storage of vehicles. The residence can continue to be used as a dwelling without a double garage, however, most of the other properties in this area have double garages with the same 50' lot width. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The plight of the landowner is due to the lot width and lot area of the property and the location of a well on the property. 3. The variance, if granted, will not alter the essential character of the locality. The variance will not change the character of the area. 4. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property e.xists under the terms of this chapter. Economic factors are not a consideration with this application. 5. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. 6. Solar access is not a consideration. The Board of Appeals and Adjustments or the Council may not permit as a variance for any use that is not permitted under this Chapter for the property in the zone where the affected person's land is located. Accessory structures are allowed in this residential district. U2236 William Bockmann 1090 Lomu Linda Avenue Variance 5/19/97 Page 3 7. 8. 9. 10. 11. 12. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Not applicable. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. The special conditions that apply to this property are the lot area, lot width and the location of a well on the property. The conditions do not apply generally to other land or structures in the district in which said land is located. The lots in this area are substandard as to lot width and lot area. This property, however, is further restricted by the location of the well in the middle of the yard. TIte granting of the application ’S necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant has an interest in having an enclosed area for his vehicles. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code, The variance will not impair health, safety, comfort or morals. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. The applicant cannot construct a new accessory structure on his property without a variance. Issues 1. The lot area and lot width are substandard for the zoning district. 2. Most of the properties in the vicinity have double garages. U2236 William Bockmann 1090 Loma Linda Avenue Variance 5/19/97 Page 4 ^ - 3. There is a well in the middle of the yard. Building Code requires any structure to be at least 3 ’ from the well. Staff Recommendation To approve the side yard, street setback and hardcover variances. Attachments A B C D E Plat Map Application Hardcover Calculations Survey Letters from Neighbors 92236 William Bockmum 1090 Loma Linda Avenue Variance 5/19/97 Pages — Application # 33 Date Received A (1^ /<^0 Amount Paid — CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $220.00 ($50.00 per each additional variance) Renewal Variance Fee $120.00 (no change from original application) Variance for non-conforming structures $220.00 After-the-Fact Fees (Double application fee) w <■^ .A' f • .# PROPERTY INFORMATION Site Address 10^0 LowAa LiVArt Property Identification Number (P.I.D.) 0*fe 111- 7,3 7S 00IQ Attach legal description to application if not included on required survey. Date Property Acquired 1/ ^0 I (do) ^d^n^ also own the adjacent parcels of land. Present use of property: X residential ___^other (specify) Zoning District:____________________________________ .(month/year) APPLICANT Name U, 6>otk W K Address: \ 0*10 Avp . Phone (home ) _____ Phone (work ) H11) ~ *Z.Z 3 S City: Mourvd _______________Zip: SS 3€<4 0\7NER (if different than applicant) Name Phone (horneX Phone (work)_ Address:City:.Zip:. DESCRIPTION OF REQUEST Estimated Constmction Cost $ C>iQoo . oo Describe request in detail: ^ •fouy<l«cVi^o • Ruild h-»oJ ■POurvAo-V'O'^ ftwA 'Z^'' X 1.^^'' _<;o .__________________________ (attach additional sheets if necessary) \ ARIANCES REQUIRED Lot Area ?Setback: ___Lot Width Front Side X Hardcover Rear Lot Coverage __Average Lakeshore Other (specify) HARDSfflP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual prope^ conditions preventing compliance with Zoning Code requirements: 1~ ^ 4a Ur. Uj\\U “Silg ■V<’»v%eiA-l-.f I 5 „ VL j 4 o o'P' VJe\\,____________________________________ (attach additional sheets if necessary) B 8 i 1 i cJ 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. J. 4. 5. 6. 7. 8. Completed Application Form Certified Propeny Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-3271). Certificate of Sur\ey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8'/j" x 11" for reproduction. Topographic suirey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy S'/i" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 8/2" 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 Properly Owner must sign this application. Please remember that vou r variance application is not complete if the above information has not been included. APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true .and correct to the best of his/her knowledge. Applicant's Signature Date ^" ^3? -^7 _____ ONVNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investigation and verification of this request. / Owner’s Signature*^Date V- ^7 Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 8 HARDCOVER CALCULATION WORKSHEET ^-zi 01. • • •c SETBACK ZONE: (CIRCLE ONE) 0^70 75-250’250-500’500-1000*•.14 .’1 •• EXISTING hardcover IN ZONE %•• a. House X •—S.F. Lcnfth Width .•#. • •X rs S.F. X tt •S.F. X ss S.F. •■ B. Garage X S.F. -1 1 wooo MAU, •3 X m zo S.F.% •1 1 •X • r sz • •S.F. ' . .D. Sidewalk X • 3 S.F. X C3 S.F.1 ‘E. Patio^Deck 3.0 ^2 4 S.F. • •a tAittf 6VEPS 2.4 X 7.6 /fi S.F. F. Landscape ^>7 X ^3 /07 S.F. Underlain X a S.f.By Plastic X a S.F.• • G. Other X .S.F. TOTAL HARDCOVER IN ZONE fS2 S.F.A TOTAL PROPERTY AREA IN ZONE •4^50 ‘S.F. ■BA/3’2 + B 4iS^3C> X 100 s 3.27 % « PROPOSED HARDCOVER IN ZONE 1 * 1 A. House # • •X e S.F,• Lxngth Width X =S.F. X as S.F. X ft = 4 S.F. . B. Garage X S.F. t C. Driveway X . • * S.F. X s S.F. t • • D. Sidewalk X S.F. m» 1. • ► .X • •s •S.F. E. Patio/Deck X s:f.•• X 4 S.F. F. Landscape X «4 • S.F. . Underlain X a S.F.• 1 L By* Plastic »m S.F. 0. Other X a S.F. f t • 4 . • / • TOTAL HARDCOVER IN ZONE S.F.A TOTAL PROPERTY AREA IN ZONE -S.F.B • II A + B • X 100 f •%. . • 1 a 1 13 •• • 1 tcrf 9 LOfAA LfA/VA HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75*75-250*250-500* p.xisTiNo hardcover in zone A. House _____________ Length X X X Width -_3 B Garage srep» C." driveway 2-ITTW'zz.z /A.#X X 2^4- / a.2- A/C FAO D. Sidewalk Z iZ' tAu»rt /•? &ouKrr X X E. Patio/Deck 2-<? f9.Q X X /«.4- F. Landscape Underlain By Plastic ^I'ts t. ► •' X X X f3.l ^•3 Vioafi WALC G. Other Stuck. UMtc~ e$.U L F’ 40.fe lF 0.3 o.n TOTAL HARDCOVER IN ZONE ' TOTAL PROPERTY AREA IN ZONE ns^ + B 4-7/5 PROPnSF.n IIARDCOVF.R IN ZONE A. House Length Width X X '• I I • B. Garage I C. Driveway 1±10.3 /? A/c D. Sidewalk ? X X > X X /4. ^ 3 7. IS JO. 4 E. Patio/Deck /9, ^X X F. Landscape Underlain By Plastic 2^ <0. ? AuO X X X /A / 3 O. Other^':?^^Ah. t o. 3 0 •• TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE /F3F + B ^1/S a 'o X 100 X too - -f'29-77' 500-1000* 7f 7 J5 273 /40 29 So /63 ya w 7 /7S4 4775 Z63 € zxSo /63 33 r X S.F. /FJ3 S.F. •S.F. S.F. 47/r S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. 37.20 % • I S.F. S.F,. . :7?7 S.F. S.F. _ S.F. S.F. 437 S.F.' S.F. - S.F. S.F. S.F. S.F, S.F. S.F. S.F. S.F. S.F. S.F. _________S.F. 3 }f. JF % A B A B E- i^i.iZAerr/4 /J. l^A/ 2oHf0^/y Ciry 0^ O^o/Jo YO S(?y (o(p tnHSTAL '5/4^ //>t/5-5323 RECEIVED MAY 81997 Ms, \Ia2.oMStZSJ^f CITY OF ORONO ^OfJATTAAJis A/uo'^/^eer /a; FUL.C. ^CxiLareMtrA^uiTht Ttie Fz,aajs UJicoif^H AjuoA/AA/osf locjf^ SuoH.rreoTo -r>^c C.^ 0,u^, co^sr^Jr,,^ TAf»v« A/<-«/ e-/ttAfr. 'Tna encfoiA,-TH-e 3ecKHHA/<^s Ag.c UJli’C 'QfT A6-bmt "BsA/sPiT aoil 'THtne. Aaap A/^t^A(!>oitH eoo y^/k. ^OiVr/Jv/ar/Jx/^ "XT AAO to a All so To ATTITaJO TAS AOAittAJO- OA^ HAy!9^ 1997 TO s*itu) oua sueroAi Qutloo^ MAut amothsa c ohmithsaa-. '^H’Aajh /duAoA Yot/E TiHiT Amo Pi.trASs ghaa/t this (lSQ\jBsr. IMCtrAtCY, fioei<rST ‘J‘ (toumTAAI/S ^C>90loH4 2/^4 Ails' Okomc^ maj Sss^y t4. Sr&i/sMs lO^S^OMH l-t^*AAuS- OeOAlo^ Ma/ SS3Cf ? Adjacent Property Owners' Acknowledgement Form I (\ve1 ^ vt J tyifjl of /o ^QV vn ^ ^wvlcj [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) unde’’stand 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. n, Property Owner Date Property Owner Date I (we) OA//a>/y/f> of //' fS A [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, 1 (we) am (are) not asked to declare approval or disapproval of the propert>- or use but merely to confirm for the City Council that 1 (we) am (are) aware of the improvement plans and that the proposed neighbor’s project or use requires Council approval. Date .r-/^- ?77 O-o-W-fJ Property Owrier Property Owner 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 Office at least 10 days prior to the scheduled meeting date. Date We, Khosrow & Fatemah Daivari of 1082 Loma Linda Avenue understand and aknowledge the plans of William & Nancy Bockmann of 1090 Loma Linda Avenue to construct a new garage at one (1) foot from our property line and are in complete agreement with their Propert>’ Owner Date Date L_ COUNCIL MEETING MAY 2 7 1997 REQUEST FOR COUNCIL ACTION cmroFORONo DATE: May 20, 1997 ITEM NO ‘ /// Department Approval: Name Elizabeth Van Zomeren Title City Planner/Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2237 Jim and Roxanne Stasik, 1270 Wildhurst Trail, Variance - Public Hearing Zoning District: LR-IB, One Family Lakeshore Residential District (1 Acre). Lot Size: 42,180 s.f. (.96 acres). Application: Applicant is seeking a hardcover variance to replace an existing deck. City policy requires that replacement of structural hardcover over non-structural hardcover requires a variance when the total amount of hardcover in the setback exceeds the allowed amount. Planning Commission Recommendation To unanimously approve: 1.A hardcover variance of 24.47% to allow 13,299 s.f. (49.47%) to remain where 6,720 s.f. (25%) is allowed. Attachments: Resolution Staff Report COUNCIL ACTION REQUESTED: To approve enclosed resolution. - A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 AND SECTION 10.24, SUBDIVISION 5 (B) FILE #2237 WHEREAS, James Stasik and Roxanne Stasik (hereinafter ’’the applicants") are owners of the property located at 1270 Wildhurst Trail within the City of Orono (hereinafter "City") and legally described as follows: Tract A, Registered Land Survey Number 1132, files of Registrar of Titles, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance from Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.24, Subdivision 5 (B) to replace an existing deck. A hardcover variance of 24.47% to allow 13,299 s.f. (49.47%) to remain where 6,720 s.f. (25%) is allowed. Miimesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. 2. This application was reviewed as Zoning File #2237. The property is located in the LR-IB, One Family Lakeshore Residential Zoning District where the minimum lot area requirement is 1 acre. 3.The Orono Planning Commission reviewed this application on May 19, 1997, and recommended unanimous approval of the proposed variance based upon the following unique findings and hardships: A. The amount of hardcover will not be increased. Page 1 of 4 1 B. The deck will be replaced over non-structural hardcover. C. The current condition of the deck is unsafe. 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 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 hardcover var ance to replace an existing deck over non-structural hardcover per Municipal Zoning Code Section 10.22, Subdivision 2 to replace an existing deck, subject to the 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 (May 28, 1997). 2.Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 2 of 4 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 Orono City Council on this 27th day of May, 1997. ATTEST: Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 27th day of May, 1997, by Gabriel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Mirmesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 4 1 p TO: FROM: DATE: Chair Lindquist and Orono Planning Commission Members Ron Moorse, City Administrator Liz Van Zomeren, City Planner/Zoning Administrator May 12,1997 SUBJECT: #2237, Jim and Roxanne Stasik, 1270 Wildhurst Trail Variance-Public Hearing Zoning District: LR-1B, One-Family Lakeshore Residential District, (1 Acre) Lot Size: 42,180 sq. ft. (.96 acres) Applicant is seeking a hardcover variance to replace an existing deck.Application: Pertinent Ordinances . Section 10.24, Subd. 5,B., LR-1B, One Family Lakeshore Residential District, Area, Height, Lot Width, and Yard Requirements . Section 10.22, Subd. 2, Lakeshore Hardcover Analysis LOT AREA AND YARDS LRl-B District Standards Lot Area Lot Width Front Yard Side Yard Rear Yard 43,560 sq. ft. (1 acre) 140 feet 35 feet 10 feet 30 feet U22S<5 Jim and Roxanne Stasik 1270 Wildhurst Trail Variance 5/19/97 page~l Subject Property' Lot Area and Yards Lot Area Lot Width Street Yard Side Yard Lakeside 42,180 sq. ft. (.96 acres) 180 feet at street side; 115 feet at lakefront 103.9 ft.52.3 a. and 37.8 a. deck is approximately 125 a. from shoreline HARDCOVER ANALYSIS Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0’-75*9,110 sq. a.481 sq. a. (5.28%) NONE 481 sq. a. (5.28%) No change 75 ’-250'26,880 sq. a.13,299 sq. a. (49.47%) 6,720 sq. a. (25%) 13,299 sq. ft. (49.47%) Variance is to allow existing deck hardcover to be replaced 250'-500’6,190 sq. ft.3,004 sq. ft. (48.53%) 2,166.5 sq. ft. (35%) 3,004 sq.a. (48.53%) No change The applicant is not increasing hardcover. However, the Building Official has indicated that decks or other structures above existing non-structural hardcover cannot be added without meeting hardcover limits. Decks that are replaced over non-structural hardcover also need variances if the amount of existing hardcover exceeds the requirements. Statement of Hardship The existing deck is rotted and is a safety problem. The residence is designed to have an upper deck. Criteria for Determining Undue Hardship 1. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. #2236 Jim and Roxanne Stasik 1270 Wildhurst Trail Variance 5/19/97 page~2 The variance is to replace an existing deck. The dwelling can continue to be used as a residence without the deck, however, it is existing and the house is designed to include the deck. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The plight of the landowner is created by the condition of the existing deck and the amount of hardcover on the property. 3. The variance, if granted, will not alter the essential character of the locality. 4. 5. 6. 7. 8. The variance will not change the character of the area. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this chapter. Economic factors are not a consideration with this application. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Solar access is not a consideration. The Board of Appeals and Adjustments or the Council may not permit as a variance for any use that is not permitted under this Chapter for the property in the zone where the affected person ’s land is Incated. Decks are allowed. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Not applicable. The special conditions applying to the structure of land in question are peculifu* to such property or immediately adjoining property. The special conditions that apply are the existing amount of hardcover and the condition of the deck. #2236 Jim and Roxanne Stasik 1270 Wildhurst Trail Variance 5/19/97 page-3 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Other residences in the area have decks. The variance is due to the owner's need to replace the unsafe deck and the city's policy regarding decks over non-structural hardcover. 10. The granting of the application is necessary' for the preservation and enjoyment of a substantial property right of the applicant. Tire applicant has an interest in reconstructing the deck for safety reasons. 11 . The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. The variance will not impair health, safety, comfort or morals. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. The variance is required to replace the deck. Issues 1. The deck is existing in an unsafe condition. 2.The amount of hardcover will not be increased. Staff Recommendation To grant the variance for no change in hardcover to allow the replacement of the existing deck. Attachments A B C D E F Plat Map Application Hardcover Calculations Survey Letters from Neighbors Acknowledgement Form H2236 Jim and Roxanne Slasik 1270 Wildhurst Trail Variance S/19/97 page—4 Application ff c^3i3'l Date Received ClS -^7 Amount Paid 9^^ O • oo lIIUIN a O f 5 “‘ / ? ,£’',^ '= CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $220.00 ($50.00 per each additional variance) Renewal Variance Fee $120.00 > (no change from original application) » " ^ Variance for non-conforming structures $220.00 After-the-Fact Fees (Double application fee) PROPER* Y INFORMATION ^ , rr.,,\ Site Address______li/l (dhliy \ Property Identification Number (P.I.D.)_____________________^__________________ S >«ro O. SO s Attach legal description to application if not included on required survey. Date Property Acquired_______fT f _________________(month/year) I (do) (do not) also own the adjacent parcels of land. residentialPresent use of property: Zoning District:______ other (specify^ APPLICANT Name ,7 SiaStk Address: /.77c bJild hi.u jh T^giX. City:. OWNER (if different than applicant) Name Phone (home) ^7Z-^L-fTl_____ Phone(woric ) _____ muin.d Zip:_^£3AJl Phone (home). Phone (work)_ Address:City:.Zip:. DESCRIPTION OF REQUEST Estimated Constmetion Cost $ Describe request in detail: flC|)l<XC0 C'iCCK-t<, I’jn fiVSJl iCc IV f U Oi Ju' pi: C /^d 4rQ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area ___Lot Width Setback:Front Side y Hardco\er Rear Lot Coverage Average Lakeshore Other (specify) HARDSfflP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements:C\pck n^Ais) ~ riprh )<> n _____ rcr^/:\ _______________________________________— (attach additional sheets if necessary) 7 HARDCOVER CALCULATION WORKSHEET • « SETBACK ZONE: (CIRCLE ONE) ^^75*) 75-250* 250-500* 9-29 KiZ -?7 *>» 4 ■ *t 500-1000* EXISTING HARnrOVER IN ZONE . A. House ■_______ X Lcn|ih Width B. Garage 0 C. Driveway XAo<r<?p b<»TH D. Sidewalk E. Patio/Deck X X X F. Llndscap/^ \^0CJilC Unmrtiin ________ G. Other X X X X 4 X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE B X 100 PROPOSED lIARnrOVER IN ZONE A. House ___ X • • Length Width B. Garage C. Driveway D. Sidewalk E. Pacio/Deck F. Landscape UodtrlaU) By Plastic O. Other X X X X X X X X X• X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE B‘ 17 I c. -ST. _ S.E. S.F. _ S.F. _ S.F- .• .* S.F. - ^.F. S.F. *$,F. 3^3 S.F. S.F.mm S.F. S.F. I S.F. _S.F. • __________S.F. ^not S.F. %' '• X 100 11. . S.F. S.F. S.F. . S.F. . S.F. S.F. , s!f. S.F. .S.F. S.F. . S.F. S.F. [ S.F. . s.f: . S.F. S.F. ! S-F: It A B A B t.» 4 *• I^omnhb ^T>\sn< HARDCOVER CALCULATION WORKSHEET T7ftA»cr . P«i..S, HSZ f'^9-97 SETBACK ZONE: (CIRCLE ONE) 0-75* EXISTINO HARPCOVF.R IN ZONE A. House _________ X 75-250’2SQ-500 ’500-1000' Ltn^th Width offCP (?pTAiNiHdr W/4U5 )0 ST^P5 f CANOiMdr • • • Bi Garage X X X X X ss ss D. Sidewalk - lNd4.>/OiA<6r 5cA fi^ ^>TFP5 •CRPTE RI^T ainin ^ W!AU1____ X jp/C^k H" F. Landscape Underlain By Plastic X X X X X I/. 7 G.. Other 900u TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ ___ _ _ _ + B X 100 PRQPOSFn lIARnroVER IN 7.Qhqr A. House ____ X Lxngih Width B. Garage C. Driveway D. Sidewalk E. Paiio/Dcck F. Landscape Underlain. By Plastic O*. Other X X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE _ _ B ZSiO 33SO 2M-IC? 3^ 37 6g . S.F. .1 ^ S.F. S.F. S.F. S.F. S.F. S.F. S.Fi S.F. I i. S.F. S.F. s.f; S.F. S.F. S.F. S.F. Z4g80±. S.F. X 100 » S.F. S^F. S.F. S.F. S;F. S.F. S.F. «• ^ S.F. S.F. S.F. S.F. S.F. S.f; S.F. S.F. S.F. S.F. %• A'- B A B h I R(9X>VHNe HARDCOVER CALCULATION WORKSHEEl n.?2. SETBACK ZONE: (CIRCLE ONE) 0-7S‘75-250*500-1000• • I EXISTING HAUnrnVER IN 7.0NK A. House Length Width • I l4 f I t. _ S.F. 12,*+ X X X 1^.3 • s:r; ' s.f: S.F. B. Garage S.F. C. Driveway X X ZT70 <h"Z S.F. S'.F. D. Sidewalk X X -4 S.F. s:f. 4 . •; E. Patio/Deck X X S.F. S.F. F. Landscape Underlain By Plastic X X X cy S.F. S.F. S.F. G. Other S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE _ _ _ _ _+ B X 100 ■ .S.F. 6 1^0 ±~ S.F. y<y. 5-j> % PROPOSED HARDCOVER IN ZONy A; House Length Width S.F. X X S.F. S.F. S.F. .. B. Garage S.F. C. Driveway X X S.F. S.F. D. Sidewalk X X S.F. S.F. E. Paiio/Deck • I S.F. I^.F. I I. F. Landscape Underlain By Plastic X X X S.F. S.F.- S.F. O. Other S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN .ZONE B X 100 m S.F. S.F. % •••« ■ •* • •* I H A B B * • I .» •* • # ^• •» ntr. • I TT o o m ^ m 7i “n 5SXf5 4510 North Shore Drive Orono, MN 55364 May 8,1997 O"or Planning Commission City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 Dear Members of the Orono Planning Commission; Reference: Variance # 2237, Jim & Roxanne Stasik, 1270 Wildhurst Trail Our home is one lot east of the StasikI home on Forest Lake Bay. We are familiar with their home and understand that the new deck will replace an existing deck, essentially board for board. Furthermore, the deck is located over a concrete patio and does not, therefore, add any additional hardcover. We support the Stasik’s request for a hardcover variance and question the logic in requiring a variance, when construction of the deck does not, in reality, change the hardcover. Water run-off from the Stasik’s property heads to the lake through a gradually sloping lawn and is adequately filtered by the grass. In addition, the pool which is technically considered hardcover, also serves as a rain water retention site for the deck and patio areas. Further, we disagree in principle with strong arm tactics, such as forcing homeowners to tear up driveways, or disassemble gardens to come into perfect compliance with hardcover ratios. We can attest to the fact that the turn-around area of their drive-way is absolutely necessary for access to their home in the winter time. The driveway is quite steep, and becomes unuseable when ice accumulates. To force removal of the turn-around area would create a hardship and force the Stasiks to park on the street. Wildhurst Trail is quite narrow and does not accommodate on street parking. Our home is well under the hardcover limits, as are most of the homes in the vicinity of the Stasik’s property. Looking at the area as a whole, I see no value in denying them construction of a replacement deck over an existing concrete patio. Following the letter of the law in this instance serves no useful purpose and we urge the Orono Planning Commission to let logic and common sense prevail and to grant this variance. ^ Pete & Kathy Sav^cki . / fft^l I (we) Adjacent Property' Owners’ Acknowledgement Form C4 }^! of /^ ^f IJL 7/^ ^jr W [pnnnt name(s)][print address] have reviewed the plans for the proposed improvement or proposed use of the property located at j/ ‘2—7 O ______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 9 7 Date Property Owner Date 4i :(M|i 4<4i 1♦ ♦ ♦ ♦ ^ ^ A ^ iHr jjlnUnKrific tfr ifr ilnfr A 4r ^ ifr ifr fr 4nXr ilr tininii ^ >inic I (we) ('?. L . /31hk9(^' /> i<'i ^1 of yz^/g \,L' ilr/k C r S'/ TTT [print nm-eCs)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at / C__________also referred to as Land Use .Application No._________. S 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. H - T- Z l il 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 Office at least 10 days prior to the scheduled meeting date. COUNCIL MEETING MAY 2 7 1997 REQUEST FOR COUNCIL ACTION CITYOFORONO DATE: May 27, 1997 ITEM NO.: / ^ Department Approval; Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Final Request for Paypient, Lift tion if 28 Renovation Project i We have reviewed the information submitted by the CUy’s engineering firm and recommend approval of this Request for Payment COUNCIL ACTION REQUESTED: Motion to approve this Request for Payment • }■ ^ m Bonestroo Rosene Anderlik & IV 1 Associates Engineers & Architects Bonestroo. Rosene. Anderlik M>d Associtifes. Inc is sn Afhrw^tive Action, EqutV Opportunity Employer Principals Oxxo G Bonestroo. PE • Joseph C Anderlik. PE • r.irvin L SorvdM. PE • Richard E Turner. PE • Glenn R Cook. PE • Thomas E Noyes, PE • Robert G Schunicht. PE • Jerry A Bourdon PE • Robert W Rosene PE and Susan M Eberiin. C PA. Senior Consultants Associate Principals: Howard A. Sanford, PE • Ke:ih A. Gordon. PE. • Robert R. Pfefferie. PE • Richard W Foster. PE. • David O Loskota. PE • Robert C Russek. A IA • Mark A Hanson. PE • Michael T. Rautmann. PE • Ted K Field. PE • Kenneth P Anderson. PE • Mark R. Rolfs. PE. • Sidney P Williamson. PE. L S • Robert F Kotsmith Offices: St. Paul. Rochester. Willmar and St. Cloud. MN • Mequon. Wl May 2, 1997 Mr. Greg Gappa City of Orono PO Box 66 Crystal Bay, MN 55323-0066 Re: Final Pay Request Lift Station No. 28 Renovation - Orono, MN BRA File No. 13968 Dear Mr. Gappa: Enclosed are three copies of the Final Pay Request for the Lift Station No. 28 Renovation project along with the required IC-134 Forms. This project has been completed by Ford Construction, Inc. according to the project plans and specifications. We recommend that the City accept this project and process the final pay request. Lance Ford will come into City Hall to sign the Final Pay Request. If you have any questions regarding this information, please call me at (612) 604-4842. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Ml/ Mark D. Wallis, P.E. MDW:klg ( I enc. cc: Lance Ford - Ford Construction 2335 West Highway 36 ■ St. Paul, MN 55113-3898 ■ 612-636-4600 COUNCIL MEETING MAY 2 7 1997 REQUEST FOR COUNCIL ACTION CfTYOFORONO DATE: May 27, 1997 ITEM NO.: / ) C- Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Final Request for Payplent, Lift Station # 28 Renovation Project We have reviewed the information submitted by the City's engineering firm and recommend approval of this Request for Payment COUNCIL ACTION REQUESTED: Motion to approve this Request for Payment Rosene /Merikt AssodateIN lh^Wl4AffWHCtt Owner City of Orono, 2750 Kelly Parkway, Orono, MN 55232 Date:May 2.1997 For Period:April 11. 1997 to May 1.1997 Request No:5/Final Contractor:Ford Construction Co. Inc., P.O. Box 667, Excelsior, MN 55331 REQUEST FOR PAYMENT LIFT STATION NO. 28 RENOVATION File No. 13968 SUMMARY I Original Contract Amount Change Order - Addition Change Order - Deduction Revised Contract Amount Value Completed to Date Material on Hand Amount Earned 8 Less Retainage - 0% 9 Subtotal 10 Less Amount Paid Previously II AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 2 3 4 5 6 7 $ $ 3,856.47 5/FinaI Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. $ $ $ $ $ $ $ $ l;\139\13968VREQUEST5.WB2 69,872.00 73,728.47 73,658.47 0.00 73.658.47 0.00 73,658.47 71,670.76 1,987.71 Approved by Contractor: Ford Construction Co. Inc. Approved by Owner: City of Orono Specified Contract Completion Date:Date: Contract Unit Quantity Amount No.Item Unit Quantity Price to Date to Date 1 Install sod SY 50 5.00 16 80.00 2 Install 6" sidewalk SF 75 4.00 75 300.00 3 Install 3/4" rock drive CY 4 25.00 4 100.00 4 Install 6' Colorado Blue Spruce EA 3 400.00 1.5 600.00 5 Provide temporary controls, pumps and piping for interior conveyance LS 1 4,000.00 1 4,000.00 6 Provide lift station demolition LS 1 2,500.00 1 2,500.00 7 Install new pumps, piping, valves, top hatch and slab per Section 11306 LS 1 35,522.00 1 35,522.00 8 Install new control panel, base slab per Section 16903, including base bid dialer LS 1 26,000.00 1 26,000.00 Total Work Completed to Date $69,102.00 Alternate No. 1 9 Provide improved telephone dialer specified in Section 16903 LS 1 700.00 1 700.00 Total Alternate No. 1 $700.00 Change Order No. 1 Completion Date Extension LS 1 0 1 0.00 Total - Change Order No. 1 $0.00 Change Order No. 2 Lift Station No. 6 Dialer LS 1 3,856.47 1 3,856.47 Total - Change Order No. 2 $3,856.47 Work Completed To Date Alternate No. 1 Change Order No. 1 Change Order No. 2 TOTAL • 69,102.00 700.00 0.00 3,856.47 $73,658.47 l:\139\1396e^REQUEST5.WB2 PROJECT PAYMENT STATUS Owner City of Orono Project No. 13968 File No. 13968 Contractor Ford Construction Co. Inc. CHANGE ORDERS No.Date Description Amount 1 04-11.97Completion date extension.0.00 2 04-11-97Lift Station No. 6 dialer.3.856.47 3 Total Change Orders $3,856.47 PAYMENT SUMMARY No.Period Payment Retainaee Material on Hand l:\139\13968\REQUESTS.WB2 Completed 1 Start 09/10/96 5.061.89 266.42 5.328.30 2 09/10/96 12/03/96 55.262.92 3.174.99 63.499.80 3 12/03/96 01/20/97 7.585.89 1.741.30 69.652.00 4 01-20-97 04-11-97 3.760.06 1.837.71 73.508.47 5 04-11-97 05-01-97 1.987.71 73.658.47 6 7 8 9 10 Total Payment to Date $73,658.47 Original Contract $69,872.00 Retainage, Payment No. 5/FinaI Change Orders 3.856.47 Total Amount Earned $73,658.47 Revised Contract $73,728.47 1 rj 1I MINNESOTA Department of Revenue Withholding Affidavit for Contractors This affidavit must be approved by the Minnesota Department of Revenue before the state of Minnesota or any of its subdivisions can make final payment to contractors. IC-134 Please type or print dearly, this will be your mailing label hr returning the completed hrm. ^ j ^Company name I I ^ • w I Addreu '' I I City,r i U Stole Zip Code | I __________ __________________________y Daytime phone \ox 1 yra - Minnesota withholding lox ID number //S7SJ^ Total contract omo^t S 7J 7JS - A4onth/year work began /9f£ Amount still due^^ $ /93? ■* Month/year work ended My. /f7? Project number /Sf43 Project locotion ^ O/O/tfi Project owner I you nove Addreu City SiQle Zip code r v» k:'ii ^ *1 ' : • ' I fi Did you nova •mployeat work on ihis projact? ^ Yas Q No If no, who did iha work? Check the box that describes your involvement in the project ond fill in oil information requested. ^ Solo contractor l~] Subcontractor Nome of controctor who hired you Address idl Prime confrcKfor —IF you subcontracted out any work on this project, all of your subcontractors must file their own ICl 34 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had, fill in the information below ond attach a copy of each subcontractor's certified lC-134. If you need more space, attach a separate sheet. Business nome __________________________^dress Own«r/Officer a ’-'-‘n p' J t declare that all information I hove filled in on this form is true and complete to the best of my knowledge and belief. I authorize the Department of -■ 5 • ^ Revenue to disclose pertinent inhrmation relating to this project, including sending copies of this form, to the prime contractor if I am a subcontractor, X • to any subcontractors if I am a prin.e contractor, and to the contracting agency. Title Dote Mail to: MN Dept, of Revenue. Withholding Division, Moil Station 6610, St. Poul, MN 55146-6610 Certificate of Compliance Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relati^ to contract services with the state of Minnesota and/or its subdivisions. Department of Revenue approval ^ ^ 7 ^ m ^ T Date MAY 0 51997 Slock No. 5000134 |Rty. 11/96) Prinltd on rtcycUd popor wiA 10% poiKonsumor woilo using soy^sod ink. COUNCIL MEETING MAY 2 7 1997 REQUEST FOR COUNCIL ACTION CriYOFORONO DATE: May 27, 1997 ITEM NO,/ (r Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineers's Report Item Description: Easement for North Long Lake Sewer Project Installation of the lift station along Long Lake Boulevard requires an easement from the adjoining property owners. These property owners are adjacent to the project, but are not included in the project. They expressed concerns about providing an easement for this project from which they are not receiving any benefits. A 1,600 square foot easement is required. The owners are willing to provide an easement for a payment of $1.00/SF. The cost for these easement will be $1,600. COUNCIL ACTION REQUESTED: Motion to approve a se\\er easement for the North Long Lake Sewer Project on property owned by Joseph H. and Lucille Offerman including a payment of $1,600. COUNCIL MEETING MAY 2 7 1997 REQUEST FOR COUNCIL ACTION CITY OF ORONO DATE: May 21,1997 ITEM NO.: / Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report 1 Item Description: Bid Award for the North Long Lake/Long Lake Country Club Sewer Project The assessment hearing for the North Long Lake/Long Lake Country Club Sewer Project was held on Tuesday, May 6,1997. As part of the hearing process, the City received two written objections to the proposed assessments, both indicating the intent to appeal the assessment. Based on the small number of written objections, it is recommended that Council move ahead to award the bid for the sewer project at this time rather than waiting until the 30 day appeal period ends on June 8. This will enable the contractor to get a two week head start on the project. Attached is a letter from Bonestroo recommending the contract be awarded to the low bidder, Barbarossa & Sons, Inc. in the amount of $874,930.01, base bid with Alternate No. 1. COUNCIL ACTION REQUESTED: Motion to award the bid for the North Long Lake/Long Lake Country Club Sewer Project to Barbarossa & Sons, Inc. in the low bid amount of $874,930.01. Bonestroo Rosene Anderlik & Associates Bonestroo, Rosene, Andertik snd Associates, Inc Is an AffirmaVve Actior^Rua! Opportunity Employer Principals: Olto G. Bonestroo. RE • Joseph C Anderflk. P.E • Marvin L SorvaJa. F£. • Richard E Turner. P.E • Glenn R. Cook. PE • Thomas E Noyes. PE. • Robert G Sc 'unicht. PE. • Jerry A. Bourdon. PE • Robert W. Rosene. PE. and Susan M. Eberlin. CEA.. Senloi Consultants Associate Principals: Hovrar 6 A. Sanford. PE. • Keith A. Gordon. PI. • Robert R. Pfefferie. PE • Richard W. Foster. PE • David O. Loskota. PE. • Robert C Russek. AlLAl • Mark A. Hansoa PE. • Michael T. Rautmana PE • Ted KEield. PX • Kenneth P. Andersoa PX • Mark R. Rolfs. PX • Sidney P. Willlamsoa PE.. LS, • Robert F. Koismith Engineers & Architects Offices: St. Paul. Rochester. WUimar and St. Cloud. MN • Mequoa Wl ^n^-OSfO April 23,1997 Mr. Greg Gappa City of Orono PO Box 66 Ciystal Bay MN 55323-0066 Re:Bid Tabulation North Long Lake & Long Lake Country Club Sanitary Sewer Improvements File No. 13988 ^PR 2 .5 1997 • •»»/ » Honorable Mayor & City Council Members: Bids were opened for the project stated above on Tuesday, April 22,1997. Transmitted herewith are ten (10) copies of the bid tabulation for your information and file. Copies will also be distributed to each bidder. The following summarizes the results of the low five of six bids received. Contractor Base Bid Alternate No. 1 Base Bid A Alternate Low Barbarossa & Sons, Inc.$861,875.01 $13,055.00 $874,930.01 #2 Kuechle Underground, Inc.$904,097.36 $14,353.00 $918,450.36 #3 LaTour Construction, Inc.$908,165.05 $12,162.10 $920,327.15 #4 Brown & Cris, Inc.$987,785.32 $15,108.85 $1,002,894.17 #5 S.R. Weidema, Inc.$1,029,387.17 $10,770.85 $1,040,158.02 The low bidder on the project was Barbarossa & Sons, Inc. with a Base Bid of $861,875.01 and Alternate No. 1 of $13,055.00. This compares favorably with the engineer’s estimate of $1,050,000. These bids have been reviewed and found to be in order. Therefore, we recommend that the project be awarded to Barbarossa & Sons, Inc. for the Base Bid amount of $861,875.01 including Alternate No. 1 for a total contract amount of $874,930.01. Should you have any questions, please feel free to contact me at 604-4840. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Glenn R. Cook, P.E. GRC;pah:enc 2335 West Highway 36 ■ St. Paul. MN 55113*3898 ■ 612*636-4600 1 COUNCIL r/.L_I* REQUEST FOR COUNCIL ACTION MAY 2 7 1997 CITYOFORONO DATE: May 27. 1997 ITEM NO.: / S' Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Administrator's Report Description: County Road 19/ Tonkaview Storm Sewer Project This project was discussed at the May 14th City Council meeting. City staff and the City Engineer were directed to meet with the property owner to in an attempt to reach a negotiated settlement for the easement acquisition, and to research the effect of the easement on the future use of the property. Options for funding of the project were also to be researched by City staff. A feasibility study for a proposed solution to the drainage problems in this area was presented to the Council. Two homes further east along County Road 19 have suffered approximately $46,000 in flood damages from increased runoff along County Highway 19. The proposed solution consists of regrading the Tonkaview Lane intersection and installing catch basins at a low point to capture the flow before it reaches County Road 19. The flow would then go into a storm water holding pond in the northwest quadrant of the intersection. The controlled outflow from this pond would flow into an existing culvert under County Road 19 and then along Rest Point Lane into Lake Minnetonka. A storm water retention pond designed for a 100 year rainfall event is required for this project. This pond will require acquisition of easements on property owned by Kathleen Ash. 4615 Tonkaview Lane. The projected cost for completion cost of this project is $59,280. The estimated construction cost is $51,780 plus an estimated $7,500 for easement costs. The Council discussed the impact of easement acquisition on the Ash property. The subject property is sewered and is located in a one acre residential zone. The property is a lot of record created by an RLS survey map in 1966. The property is 1.0 acres in size and is conformance with current zoning regulations regarding lot size and setbacks. A building permit was issued for the house in 1993. The house is located on the northern portion of the property. The property is on a hill w'ith the northern portion about twelve feet higher than the southern part. A garden is located in the southeast comer of the property. The proposed pond would be located in the south western area of the property and would not affect the garden area. The pond location is the lowest area of the property and drains toward an existing culvert under County Road 19. This proposed area is low and is not a very suitable area for building. A 5,875-SF permanent easement and a 920-SF temporary construction easement are proposed. The permanent easement will not render the lot nonconforming to lot area requirements. According to the City of Orono code, existing lots of record can be developed if the area is at least 80% of the required lot area for designated zoning district. The one acre lot area minus the pemianent easement will be 37,685 SF which is greater than the 80% minimum area requirement of 34,848 SF. In the event that the existing house is damaged beyond repair, a new house could be constructed on the lot without obtaining a variance. Additions to the existing house or new accessory structures could be constructed without obtaining a lot area variance. According tc City Code lot area variances are not required for these improvements. Any proposed house additions or new accessory structures would need to meet setback requirements or obtain a setback \'arianc3. The closest distance from the corner of the existing house to the easement is 70 feet, so future additions to the home should not be adversely affected by the permanent easement. The area of the permanent easement that is north of the Right of Way setback line will not be available for future accessory building use. However, the existing topography of the site and drainage toward the culvert under the County Road renders construction in this area difficult. Construction of a storm water detention pond will require the removal of several trees within the easement area, but many trees on the hillside will still shelter the house from County Road 19. In summary, the restrictions to future improvements on this property resulting from this easement do not appear to prevent reasonable use of the property. Greg Gappa, City of Orono and Tom Kellog, Bonestro Engineers met with the property owner at the site and viewed the easement area marked with survey stakes. The property owner was unhappy with the use of her property for storm water drainage purposes. A written offer of $7,500 has been extended to the property owner. This will provide compensation of $1.28 per SF for the permanent easement. For tax purposes the land value of the parcel is listed at $33,000. This results in a land value of $0.75 per SF. The $1.28 per SF offer is justified on the loss of several trees and a reduction in the available building area for a future accessory structure. If the owner agrees with this offer, or a negotiated settlement, the easement can be obtained without the condemnation process. Settlement of this issue without initiating condemnation proceedings may not be possible. To move this process along in a timely manner, I am recommending that the Council pass the attached resolution authorizing condemnation of this easement. The possibility for additional property damage to homes along County Highway 19 warrants a quick solution to this problem. At the May 12th meeting, the Council also directed staff to investigate funding options for this project. A meeting was held with City staff and Jim Grube, Director of Transportation for Hennepin County to discuss this project. Hennepin County's policy is to provide cost sharing on drainage projects based on the percentage of flow contributed from County Highway Right of Way. The County has been provided project plans and will decide their percentage of cost sharing for this project. The County has money available in contingency funds for these types of smaller drainage projects. A preliminary analysis of the project drainage area suggests a possible County cost share of approximately 10% or $6,000 of the estimated $59,280 project costs. The County has already spent money on improvements in the area of the affected properties along County Road 19 in an attempt to reduce the impacts for flood damage. Two options are available for funding of this project. One method would be assessment project in which the seven upstream property owners contributing to the problem and the two downstream property owners that would benefit from the project would be assessed for project costs. There are nine property owners that could be assessed for this project. Based on the estimated project costs this would result in an assessment of $6,587 per parcel. This a substantial assessment and justification of the benefits received would be difficult. Any assessments greater than the benefit received by the property are subject to appeal. In the past, the City has not been successful in completing storm water assessment projects. My recommendation is that pursuing an assessment project for these improvements is not economically feasible. The possibility of obtaining assessments without appeals is limited, and the costs associated with the assessment process will be money spent with no results toward solving the problem. The other option available for funding of this project is with PIR funds designated for stonn drainage projects. Recognizing the difficulty of completing assessment projects for storm drainage purposes, several years ago the City has been levying tax dollars for this purpose. The 1997 budget contains $25,000 for storm water improvement projects with a total of balance of $80,000 available in this fund. My recommendation is to complete this project using the PIR funds that are available. The City is currently working on a storm water management plan to identify storm drainage problem areas and provide suggested solutions for correction of these problems. There are numerous drainage problems in the City that require corrective action. However, this drainage problem in the County Road 19/ Tonkaview area is the most serious problem. Previous property damage claims of $46,000 have been received with the potential for future large property damage claims. This storm water problem is definitely the number one priority for corrective action in the City of Orono. To limit the possibility of more property damage claims, my recommendation is for the Council to initiate action to correct this problem as soon as possible. REQUEST FOR COUNCIL ACTION Motion to adopt the resolution authorizing Eminent Domain proceedings to acquire the Permanent and Temporary Easements at 4615 Tonkaview Lane needed to complete the proposed storm drainage improvement project. Motion to authorize construction of the County Road 19/ Tonkaview Lane Storm Drainage Improvement Project at an estimated cost of $59,280 less any cost sharing contributions provided by Hennepin County. Motion to fund the County Road 19/ Tonkaview Lane Storm Drainage Improvement project from the PIR fund for storm drainage improvement projects and . . mpleic the necessary budget adjustments. T_,j:S\K>CW\/ At- BUtUtp p''ircwtty (lOll.l) .. .. , «9^ 4r . J v%;i^ ^ . ,•^. X ^ VtvW4 vn: 1 Vi viivi'iv _ii SITE PLAN__GRADING PLAN ^ap:.-;:;CV:-D □ /•..■; :V'J-;l:D V'?!T!l REVISIONS □ DfSAJX-vjQ;!^!) G7 DATE '/ H-2Si^c,3 -f-O por OA^ 5’/n3 -f-* .fW V \ 'ttl'-.»l.- f-'it - ''■• PfRM fS^iT i^ons: \ \ \ 4g -— N 6J*/67^\ fstvii iv -Iso __ 'p'l-fl//vl£ CKiotinq LcMnI Dcflcrinticn ^ F12 T Tract A, Rccjintccod Lnnrl Survey No. 1036| Clle3 of negistrar ol! TlLleo^ County of Hennepin. This Burvey shows the location of o proposed house in relation to the boundaries of the above described property. It does not purport to sliov/ any other Improvements or encroachments. , > /) /•09.O t) iit€^ /AOO, 5 r* o : Iron marker found I iron marker set A RESOLUTION AUTHORIZING THE PERMANEM AND TEMPORARY TAKING OF LAND BY EMINENT DOMAIN FOR STORM DRAINAGE PURPOSES FOR THE COUNTY ROAD 19/TONKAVlEW STORM SEWER PROJECT WHEREAS) the City Council has ordered preparation of a resolution authorizing taking of land by eminent domain for storm sewer and storm water ponding easement purposes at the location hereinafter specified, THEREFORE, BE IT RESOLVED, by the City Council of Orono: 1. That it is hereby determined that the taking of the parcels of land at 4615 Tonkview Lane is necessary for the public good in order that said parcel shall be devoted to storm sewor and storm water ponding purposes. 2. That the City shall take by right of eminent domain for storm sewer and storm \ ‘er ponding easement purposes, the land described below, and the City Attorney be hereby authorized and directed to commence proceedings in the District Court of Hennepin County for appointment of Commissioners to determine the damages, if any, sustained by the respective owner interests of the parcel affected by such taking, as authorized by law. That the land above referred to is more particularly described as follows: TEMPORARY CONSTRUCTION EASEMENT A temporary easement for construction purposes over, under and across the east 92' of the south ten (10) feet of Tract A, Registered Land Survey Number 1036 in the south half of Section 7, Township 117, Range 23 according to the map or plat thereof on file and of record in the office of the county Recorder, Hennepin County, Minnesota. Said temporary easement shall expire automatically on December 31, 1998, without the need of further recording. PERMANENT STORM DRAINAGE EASEMENT A peimanent, non-exclusive easement over, across, under and upon that part of Tract A, Registered Land Survey Number 1036 (the "Property") in the south half of Section 7, Township 117, Range 23 according to the map or plat thereof on file and of record in the office of the County Recorder, Hennepin County, Minnesota as described as follows: Page 1 of 2 Commencing at the southwest comer of said property, thence easterly along the south property, line a distance of 65.00 feet to the point of beginning of easement, thence deflecting left 90 degrees a distance of 40.00 feet, thence deflecting right 45 degrees a distance of 35.35 feet, thence deflecting right 45 degrees a distance of 50.00 feet, thence deflecting right 45 degrees a distance of 35.35 feet, thence deflecting right 45 degrees a distance of 40.00 feet to the south lot line of said property, thence westerly along said south lot line a distance of 100.00 feet and terminating at the point of beginning of easement. Adopted by the Orono City Council at a regular meeting on the 27th day of Mary, 1997. Gab’^.el tmbbour. Mayor ATTEST: Dorothy M. Halli i. City Clerk Page 2 of 2 4 GITYof ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. 3ox 66 Ciystal Bay, MN 55323-0066 May 23. 1997 Ms. Kathleen Ash 4615 Tonkaview Lane Mound MN f-5364 Dear Ms. Ash; On Friday May 16th, Greg Gappa, City of Orono and Tom Kellog of Bonestro Engineers met with you at your property to discuss an easement for storm drainage purposes. A permanent easement is required on your property to construct and maintain a storm water detention pond. This pond is necessary to detain storm water flow from Tonkaview Lane before discharging into the existing culvert under County Highway 19. It is necessary to limit the outflow into the existing culvert under the County Highway to prevent flooding and property damage downstream. Diversion of water from Tonkaview Lane is necessary to reduce the water flowing along County Highway 19 to prevent flooding damage to several houses. The water flow on Tonkaview Lane has been increased by the addition of several homes in the area. This ponding area will be designed for a 100 year storm event. During a 100-year storm the pond will fill with water, after the end the storm the water will drain out of the pond over a period of several hours. During smaller storm events the pond will be partially full of water during the storm event. This pond will be designed to completely drain after a storm event, and is not intended to be a permanent wet pond. The location of the proposed permanent easement is shown on the attached map and has also been marked with survey stakes on your property. At our meeting on May 16th, the locations of the proposed easement stakes were reviewed with you . We will also need to obtain a temporary construction easement along your south property line to install a storm sewer pipe in the County Highway Right of Way. This temporary easement is necessary to provide adequate working room during construction for installation of the pipe. All disturbed areas will be restored and this easement will expire after construction is completed. Telephone (612) 473-7357 • FAX 473-0510 The City Council directed City staff and the City's engineering firm to meet with you and discuss the acquisition of these easement. At the site, we had preliminary discussions on compensation for this easement. Upon further review of the situation, we are providing a written offer of $7,500 compensation to you for the easement on your property. The impacts to your property are discussed below and a description of factor.> used to determine the compensation amount is included. Your property is sewered and is located in a one acre residential zone. The property is a lot of record created by an RLS survey map in 1966. The property is 1.0 acres in size and is conformance with current zoning regulations regarding lot size and setbacks. A building permit was issued for your house in 1993. The house is located on the northern portion of the property. The property is on a hill with the northern portion about twelve feet higher than the southern part. A garden is located in the southear* comer of the property. The proposed pond would be located in the south western area of the property and would not affect the garden area. The pond location is the lowest area of the property which drains toward an existing culvert under County Road 19. This proposed area is low and is not a very suitable area for building. A 5,875-SF permanent easement and a 920-SF temporary construction easement are proposed. The permanent easement will not render the lot nonconforming to lot area requirements. According to the City of Orono code, existing lots of record can be developed if the area is at least 80% of the required lot area for designated zoning district. The one acre lot area minus the permanent easement will be 37,685 SF which is greater than the 80% minimum area requirement of 34,848 SF. In the event that your existing house is damaged beyond repair, a new house could be constructed on the lot without obtaining a variance. Additions to your existing house or new accessory structures could be constmcted without obtaining a lot area variance. According to City Code lot area variances are not required for these improvements. Any proposed house additions or new accessory stiuctures would need to meet setback requirements from the property lines or obtain a setback variance. No setbacks would be required from the permanent easement line. The closest distance from the corner of the existing house to the ea.sement is 70 feet, so future additions to the home should n.i be adversely affected by the permanent easement. The area of the permanent easement that is north of the Right of Way setback line will not be available for future accessory building use. However, the existing topography of the site and drainage toward the culvert under the County Road renders construction in this area difficult. Construction of the storm water detention oond will require the removal of several trees within the easement area, but many trees on the hniside will still shelter your house from County Road 19. Our written offer of $7,500 will provide compensation of $1.28 per SF for the permanent easement. For tax purposes the land value of your parcel is listed at $33,000. This results in a land value of $0.75 per SF. The $1.28 per SF offer is based on the loss of several trees and a reduction in the available building area for a future accessory structure. Please review this written offer and contact us regarding the acceptability of this offer. We are interested in reaching a mutually agreeable solution for acquisition of this easement to avoid Eminent Domain proceedings. For your information, I am recommending that the City Council adopt a resolution authorizing the initiation of Eminent Domain proceedings in the event a mutually agreeable solution cannot be reached regarding this issue. Substantial property damage has occurred from this drainage situation, and we believe it is important to solve this problem in a timely manner to reduce the possibility for additional property damage. Please contact me at your earliest convenience regarding this situation. Thank you for your assistance in this matter. Sincerely; V. Gregory A. Gappa Director of Public Services r.. . COUi'JCiL r/.EETlNG MAY 2 7 1997REQUEST FOR COUNCIL ACTION L.TE:MayI6W°"°^ ITEM NO: Department Approval: Name RonMnorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator’s Report Item Description: Resolution to Issue and Sell General Obligation Water and Sewer Improvement Bonds The approval processes for four (4) sewer projects are now nearing completion. The appeal period for the North Long Lake/Long Lake Country Club sewer project expires on June 8. Petitions accepting the assessments related to the Bracketts Point and Bay Ridge and Orono Ice Arena projects are expected to be submitted by June 9. All four of the projects are planned for construction in 1997. The projects are to be financed through the .'Jale of general obligation v/ater and sewer bonds. The revenues to repay the bonds will, in large part, be provided through special assessments on the benefitted properties. The costs of the projects, including construction, engineering, legal, administration, bonding and capitalized interest are as follows: North Long Lake/Long Lake Country Club $ 980,000 Bracketts Poi:.t $ 458,000 Bay Ridge $ 247,000 Orono Ice Arena $ 75,000 TOTAL $1,760,000 It is recommended that a bond sale be scheduled for Monday, June 23, 1997. COUNCIL ACTION REQUESTED: Motion to adopt the attached resolution to issue and sell $1,760,000 general obligation sewer and water improvement bonds of 1997 and declaring official intent. i RESOLUTION TO ISSUE AND SELL SI,760,000 GENERAL OBLIGATION SEWER AND WATER IMPROVEMENT BONDS FOR 1997 AND DECLARING OFFICIAL INTENT BE IT RESOLVED by the City Council of the City of Orono, Minnesota, as follows: 1. The City Council deems it necessary and expedient to issue and sell its general obligation improvement bonds in the amount of approximately $1,760,000 (the "Bonds") to provide financing of estimated costs, including contract price, construction period interest and legal, fiscal and miscellaneous costs for the North Long Lake/Long Lake Country Club, Brackett's Point, and Bay Ridge sewer improvement projects, and the Orono Ice Arena sewer and water improvement project, pursuant to Minnesota Statutes, Chapters 429 and 475. 2. Sealed proposals for the Bonds will be received on a date and time determined by the City Administrator. 3. The City has retained Ehlers and Associates, Inc., an independent financial advisor, in connection with the sale of the Bonds and the Bonds shall be offered without published notice as authorized by Minnesota Statues, Section 475.60, Subd. 2(9), as amended. The City Administrator and Ehlers and Associates, Inc. shall establish the terms of the Bonds and the sale thereof and notify prospective purchasers of the sale. 4. The City hereby declares it« official intent to make a reimbursement allocation from the proceeds of the Bonds and (i) states that the City reasonably expects to reimburse expenditures for the above-listed sewer and water improvement projects, with the proceeds of debt to be incurred by the City, (ii) states that this resolution is a declaration of official intent under Treas. Reg. §1.103-18, (iii) a general functional description of the projects for which expenditures are to be reimbursed is the North Long Lake/Long Lake Country Club, Brackett's Point and Bay Ridge sewer improvements, and the Orono Ice Arena water and sewer improvements, the fund or account from which expenditures may be paid is the general fund and the maximum principal amount of debt expected to be issued for such purposes is $1,760,000, and (iv) this resolution shall at all time be available for public inspection. 1 Adopted at a regular Council meeting this 27th day of May, 1997. ATTEST:Gabriel Jabbour, Mayor Dorothy M. Hallin, City Clerk COUNCIL MEETING MAY 2 7 1997 REQUEST FOR COUNCIL ACTION DATE: May 16,1997 ITEM NO; CITYOFORONO Department Approval:Admimstrator Reviewed:Agenda Section: Name RonMoorse City Administrator’s Title City Administrator m Report Item Description: ------------------- Monitoring Well Sealing at Old City Hall Property The MPCA has now determined that the area of the petroleum leak on the former city hall property has been adequately cleaned up and has authorized termination of ground water monitoring. The five monitoring wells can now be sealed. Braun Intertec, the city ’s consultant throughout this project, has provided a cost estimate to perform the well sealing, as well as the preparation of a final letter report and a second petro fund reimbursement application, for a total cost of $1,633. COUNCIL ACTION REQUESTED: Motion to authorize Braun Iiitertec to proceed with the well sealing, letter report and petro fund reimbursement application at a total cost of $1,633, and to amend the 1997 budget to reflect the expenditure from the Building Fund. : BRAUN INTERTEC May 7, 1997 Braun Infert^c Corporation 1345 Northland Drive Mendoto Heights, Minnes« j 55120-1141 612^83^700 Fox: 683-8888 Engineers and Scientists Serving the Built and Natural Envlranments^ Project No. CMKX-93-0163 Mr. Ron i iorris City Administrator City of Orono P.O. Box 66 Crystal Bay, MN 55323 flecEWEO 9^99^ oboho Dear Mr. Morris; Re: Cost Estimate for Well Sealing, City of Orono Propcuy, 1285 Brown Road South, Orono, Minnesota, MPCA Leak #00006933 Based on our telephone conversation on /.pril 23, 1997, Braun Intertec Corporation (Braun Intertec) is providing to you this cost estimate for sealing the five monitoring wells associated with the referenced site. Also included are costs for preparation of a final letter report which will contain your copies of the Minnesota Department of Health (MDH) Well and Boring Sealing Records. In addition, the cost for preparation of the final Petrofiind application is also included. Please note that the Petrofiind only reimburses up to 90% of the cost for preparation of the first Petrofiind application for a particular leak site, so the costs included in this estimate for completion of the second Petrofiind application are not eligible for reimbursement. The monitoring wells will be sealed in accordance with the MDH Water Well Code. The method for well sealing will consist of removal of the 6-inch diameter protective casings and surface seals, then each monitoring well will be filled with cone. . e-out. The riser pipes will then be cut off at least 2 feet below grade and concrete wi’ * ground surface. Cost Estimate Cost Estimate Listed below are the total project cost estimates for the anticipated work at the site. Service Description Well Sealing $1,000.00 Letter Report 341.00 Petrofund Application Preparation 292.00 Project Total $1,633.00 L V City of Orono Public Works Dept. Project No. CMKX-93-0163 May 7, 1997 Page 2 The actual costs may be more or less than the estimate above; h wever, the total cost will not be exceeded by more than 10 percent without your additional au lorization. Costs presented in this proposal are based on the scope of work and assumptions stated above. If additional work or personnel are required, costs will be added based on an hourly or unit cost basis in accordance with our first proposal dated June 9, 1993. Costs presented in this proposal are under the same unit pricing as the previous bids. Costs included in this proposal are based on the assumption that the proposal will be authorized within 30 days. If the project is not authorized within 30 days, we reserve the right to resubmit the cost estimate. Terms of payment are due upon receipt of invoice with interest added to unpaid balances in accordance with the attached General Conditions, which are a part of this proposed contract. We appreciate the opportunity to present this proposed contract to you. Two originals are being sent, so that if it is acceptable to you, one original can be retained for your records, and one original can be signed and returned to us as written authorization to proceed. We will schedule the project upon receipt of your written authorization. If you have any questio m, ^se call Greg Browne at (612) 683-8866. Sincerely, Gre^ry S. Browne Project Manager, Hydrogeologist /f7 Earl W. Wiiidahl Technical Director Attachment: General Conditions (2/96) ka(\n :\cmkx\93\0163\0163-p04. wpd \1 COUNCIL MEETING MAY 2 7 1997 REQUEST FOR COUNCIL ACTION CITY OF ORONO DATE: May 16,1997 ITEM NO: Q. / Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Planning Intern The city's Planning & Zoning division is experiencing a very heavy work load which is expected to continue through the year. There are a number of priority goals the division wants to accomplish that can not be accomplished without additional staff. Some of these projects are listed on the attached memo. These project based activities can be effectively handled by a student intern position. It is recommended that an intern from a public administration or urban planning program be hired for a six month period at a rate of $8.00 per hour to assist with the planning and zoning projects. The maximum cost would be $6,000 which would be funded from the General Fund Contingency account. COUNCIL ACTION REQUESTED: Motion to approve the proposal of hiring a student intern to assist with planning & zoning projects at a rate of $8.00 per hour for a cost not to exceed $6,000 to be funded from the contingency account. City of Orono 2750 Kelley Parkway P.O. Box 66 OronO) MN 55323 Phone: (612) 473-7357 Fax: (612) 473-0510 MEMORANDUM DATE:May 21, 1997 TO:Ron, Greg, Mike FROM:Liz SUBJECT:Planning Intern I would like to have an intern this summer to assist in the following areas: Recodification 1.Assist in the general research and fieldwork for inventory/analysis of the following: a. b. c d. e. t. g> h. 1. signs in conunercial and industrial areas horses/barns oversized accessory structures guest houses other land uses or building types adult uses liquor establishments site plan standards for commercial uses review/revise zoning definitions i 2.Contact other communities in the area and national planning organization for model ord inances/polic ies. 3.Reviev/ variance and conditional use permit files over last ten years to determine if any changes could be made in the Zoning Code to improve the processing of these types of requests. Variance applications are a major factor in thw very heavy workload of the Planning and Zoning staff. They also require substantial review effort by the Planning Commission and City Council. Planning Intern May 21, 1997 Page 2 of 2 Comprehensive Plan 1.Assist with general research and analysis to review and update comprehensive plan as required by law. Including contact with other local communities to obtain and review examples of comprehensive plan. Assist is preparing information and maps for work session meetings. 2.Assist with housing inventory in the Navarre area to identify housing rehabilitation needs as the basis for a grant application. We need someone who can dedicate large blocks of time to making phone calls to other communities, do field work, and analyze information that is part of our work program that we cannot get to immediately because of the number of new subdivisions & variances we anticipate this summer. ' J COUNCIL MEETING MAY 2 7 1997 REQUEST FOR COUNCIL ACTION CITY OF ORONO BATE: May 27, 1997 ITEM NO.:n cP' ^ > Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Administrator's's Report Item Description: Bid Advertisement for Golf Course Irrigation The 1997 Capital Improvements budget contains a line item of $100,000 for the installation of an irrigation system at the Orono Municipal Golf Course. The golf course does not presently have an irrigation system. Course watering is currently being completed using a limited piping system and the manual use of sprinklers moved around the course. This limited watering is very labor intensive and results in poor turf quality and playing conditions during drier periods of the season. The new system will provide for automated watering of the entire course resulting in improved turf quality with less labor being required. We have competed plans and specifications for this project and are requesting authorisation to advertise for bids for this project. After the bids have been received and tabulated a recommendation for award of a contract will be presented to the Council for approval. Construction is planned for completion this summer. The golf course can remain operational during construction with disruptions to play on individual holes while installation is being completed on that particular hole. A construction schedule of approximately six weeks is envisioned. COUNCIL ACTION REQUESTED: Motion to authorize advertisement for bids for installation of an irrigation system for the Orono Municipal Golf Course. COUNCIL MEETING REQUEST FOR COUNCIL ACTION MAY 2 7 1997 DATE: May 22, aWOFORONO ITEM NO; Department Approval: Name Dorothy Hallin Title City Clerk Administrator Reviewed:Agenda Section: Licenses Item Description: List of Licenses for Council Approval GARBAGE & REFUSE COLLECTOR'S LICENSE Cleanway Sanitation, Inc. P.O. Box 220 Long Lake tv- MAY 2 7 1997 chyoforono COUNCIL ACTION REQUESTED Motion to approve/deny above listed license. CITY OF ORONO P.O. Box 66 Crystal Bay# MN 55323 473-7357 COY OF ORONOORONO I Iticense Year Date Received Fee Paid Initials GARBAGE CTOR'S LICENSE APPLICATION The undersigned wishes to operate'the indicated business in the City o£ Orono and herewith makes application for a Ixcense to do so. Business/Firm cle anwav sanitation IN( Address_________p.o. box 220 --------idng lake (Street) (City; Business Phone Number ______479-2003 ___55356 _________ (State) (Zip Code) Applicant * s Name DOUGLAS HAWKINSON Address_____________865 TCWNLINE (Street) Phone Number 479-200 Check One:Individual _ _ _ _ Partnership Number of Vehicles to be used in Orono - - -i- ® Corporation Description of Vehicles (attached list if more): year Mfgr. Gross'^Wt. Rear^Axle Wt^ Size/Yar^ License Number 51,0001994FORD 38,000 YM 91220 General area of City served PLYMOU TH BOEIDER Schedule of Collection charges/ dates THTlR.gnAY VOLUME BASED Approximate number of customers in Orono Location of dumping area hfnn fptn rexjim FACILH^___________----- ----ir ra’oramVoR to be complete , yoo most enclose the following Surety bond in the amount of $1,000. proof of insurance a $100,000-$300.000-$50,000, and l“-'iY„aTs°3®0 0% «Lsfer®le^ Uf applicable). $30.00 flat rate fee, plus $15/truck, and a _________ ra7thro7n7r anroVeTaTo'r of'theVbove business and I have paid all license fees and ta«£^s reguiye^/6y law. The above information is correct. ------ -r-! ^ -9-D.-------------- ApJrficaCnt Date for city USE ONLY; After review of application, staff recommends: Approval Denial Oth«R7 y J —r—rSignature'df. City official £'1X1 M 7 Date i -J COUNCIUMEETING 47 1997 CITYCFORONO ■j 19 May 1997 Hon 3:08 PM Check Register City of Orono Check Number Date Name Check Number 53862 53862 CITY COUNTY CREDIT UNION 21-May-97 CITY COUNTY CREDIT UNION Totals Check Number £3862 CITY COUNTY CREDIT UNION Check Number 53863 FIRST NATIONAL BANK OF LAKES 53863 53863 53863 21-May-97 21-May-97 21-May-97 FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES Totals Check Number 53863 FIRST NATIONAL BANK OF LAKES Check Number 53864 538o4 GREAT WEST LIFE ASSURANCE CO. 21-May-97 GREAT WEST LIFE ASSURANCE CO Totals Check Number 53864 GREAT WEST LIFE ASSURANCE CO. Check Number 53865 HENNEPIN CO. SUPPORT k COLL 53865 21-May-97 HENNEPIN CO. SUPPORT 4 COLL Totals Check Number 53865 HENNEPIN CO. SUPPORT 4 COLL Check Number 53866 HENNEPIN COUNTY SUPPORT 4 COLL 53866 21-May-97 HENNEPIN COUNTY SUPPORT 4 COLL Totals Check Number 53866 HENNEPIN COUNTY SUPPORT 4 COLL Qieck Number 53867 ICMA RETIREMENT TRUST - 457 53867 21-May-97 ICMA RETIREMENT TRUST - 457 Totals Check Number 53867 ICMA RETIREMENT TRUST - 457 Check Number 53868 LAW ENFORCMEOT LABOR SERVICE 53868 21-May-97 LAW ENFOROENT LABOR SERVICE Totals Check Number 53868 LAW ENFORCMENT LABOR SERVICE Check Number 53869 MN DEPT OF REVENUE 53869 21-May-97 KN DEPT OF REVENUE Totals Check Number 53869 KN DEPT OF REVENUE Check Number 53870 MN MUTUAL LIFE 53870 21-May-97 MN MUTUAL LIFE Totals Check Number 53870 KN MUTUAL LIFE Transaction Amount 7,728.00 7,728.00 3,082.14 3,082.14 7,466.76 13,631.04 741.46 741.46 161.17 161.17 184.50 184.50 125.00 125.00 495.00 495.00 3,221.96 3,221.96 464.00 464.00 Page 1 Comments SAVINGS W/H 4 TRATISFERRED FICA 4 MEDICARE W/K FICA,MEDCR CITY SHARE FEDERAL WITHHOLDING DEFERRED COMP W/H THOKTON 8C0266780 SKREEN 8C0262310 DEFERRED COMP W/H UNION DUES W/H STATE TAX W/H DEFERRED COMP W/H 19 May 1997 Mon 3:08 PM Check Number Check Register City of Orono Date Name Transaction Amount Page 2 Comments Check Number 53871 53871 MN STATE RETIREMENT-DEF COMP 21-May-97 MN STATE RETIREMENT-DEF CCMP Totals Check Number 53871 MN STATE RETIREMENT-DEF COMP Check Number 53872 53872 PEBSCO/OBRA 21-May-97 Totals Check Number PEBSCO/OBRA 53872 PEBSCO/OBRA Check Number 53873 53873 PEBSCO/US CONF OP MAYORS 21-May-97 Totals Check Number PEBSCO/US CONF OF MAYORS 53873 PEBSCO/US CONF OF MAYORS 265.00 265.00 199.92 199.92 1.789.86 1.789.86 DEFERRED COMP W/H OBRA DEFERRED COMP N/H USOi DEFERRED COMP W/H Check Number 53874 53874 53874 PERA 21-May-97 21-May-97 Totals Check Number PERA PERA 53874 PERA Check Number 53875 53875 UNITED HAY 22-May-97 Totals Check Number IWITED WAY 53875 UNITED WAY 3.992.28 5.269.67 9.261.95 23.00 23.00 PERA EMPLOYEE W/H PERA CITY SHARE CHARITY DONATIONS W/H Grand Total 38.291.86 22 May 1997 Thu 9:26 AM Check Register City of Ororo Check Number Date Name Check Number 53889 53889 AIX STAR PRO GOLF 26-May-97 ALL STAR PRO GOLF Totals Check Number 53889 ALL STAR PRO GOLF Check Number 53890 AMERICAN MEDICAL SECURITY 53890 26-May-97 AMERICAN ^EDICAL SECURITY Totals Check Number 53890 AMERICAN MEDICAL SECURITY Check Number 53891 AMERICAN PLANNING ASSOC. 53891 26-May-97 AMERICAN PLANNING ASSOC. Totals Check Number 53891 AMERICAN PLANNING ASSOC. Check Number 53892 ANCHOR PAPER 53892 26-May-97 ANCHOR PAPER Totals Check Number I":891 ANCHOR PAPER Check Number 53393 AT&T 53893 26-May-97 AT&T Totals Check Number 53893 AT&T Check Number 53894 AUGIES MOBILE CHEF 53S94 26-May-97 AUGIES MOBILE CHEF Totals Check Number 53894 AUGIES MOBILE CHEF Check Number 53895 BEACK« SCOTT 53895 26-May-97 BEACK, SCOTT Totals Check Number 53895 BEACK. SCOTT Check Number 53896 BIFFS INC. 53896 53896 53896 53896 26-May-97 26-May-97 26-May-97 26-May-97 BIFFS INC, BIFFS INC, BIFFS INC, BIFFS INC, Totals Check Number 53896 BIFFS INC, Check Number 53897 BLACKOWIAK & SON 53097 26-May-97 BLACKOWIAK & SON Transaction Amount 711.46 711.46 526.17 526.17 268.00 268.00 562.32 562.32 0.23 0.23 40.16 40.16 136.80 136.80 143.16 130.52 130.52 109.47 513.67 35.45 Page 1 Comments GLOVES JUNE INSURANCE VAN ZOMEREN DUES COPY PAPER CELLULAR LONG DISTANCE FOOD FOR RESALE GOLF BALLS FOR RESALE MAY SERVICE - BEDERWOOD MAY SERVICE-SUWIT BEACH MAY SERVICE-KACKBERRY MAY SERVICE - GOLF APRIL SERVICE \ i i 22 May 1997 Thu 9:26 AM Check Regiacer City of Orono Page 2 Check Number Date Name Check Number 53897 DLACKOWIAK k SON Totals Check Number 53897 BLACKOWIAK k SON Check Number 53898 BUDGET PRINTING Check Number 53902 CITY OF ORONO PETTY CASH 53902 53902 22-May-96 22-May-96 CITY OF ORONO PETTY CASH CITY OF ORONO PETTY CASH Totals Check Number 53902 CITY OF ORONO PETTY CASH Check Number 53903 COLONIAL LIFE INSURANCE CO. 53903 26-May-97 COLONIAL LIFE INSURANCE CO. Totals Check Number 53903 COLONIAL LIFE INSURANCE CO. Check N mber 53904 COMMISSION OF TRANSPORTATION 53904 26-May-97 COWISSION OF TRANSPORTATION Totals OifCk Number 53904 COmiSSION OF TRANSPORTATION Transaction Amount Comments 35.45 S3898 26-May-97 BUDGET PRINTING 4.75 VIOLATION WARNING FORMS 53898 26-May-97 BUDGET PRINTING 52.72 BUSINESS CARDS 53898 26-May-97 BUDGET PRINTING 631.50 VIOLATION WARNING FORMS Totals Check Number 53898 BUDGET PRINTING 688.97 Check Number 53899 BUREAU OF ATF 53899 26-May-97 BUREAU OF ATF 250.00 RETAIL DEALER TAX Totals Check Number 53899 BUREAU OF ATF 250.00 Check Number 53900 CALL 4 WIRELESS 53900 26-May-97 CALL 4 WIRELESS 21.30 NEW SQUADS SETUP Totals Check Number 53900 CALL 4 WIRELESS 21.30 Check Number 53901 CHUNKS LAKESHORB AUTO 53901 26-May-97 CHUNKS LAKESHORB AUTO 114.00 ffl77 INSTALL CAR PHONE 53901 26-May-97 CHUNKS LAKESHORE AUTO 31.63 11172 TUNE-UP, OIL CHG 53901 26-May-97 CHUNKS LAKESHORE AUTO 146.52 9176 BRAKES 53901 26-May-97 aiUNKS LAKESHORE AUTO 71.39 #177 OIL CHOE, ROTATE TIR 53901 26-May-97 CHUNKS LAKESHORE AUTO 533.69 #175 TUNE UP, OIL CHQ 53901 26-May-97 CHUNKS LAKESHORE AUTO 69.28 #176 REPAIR STUD, OIL CKO 53901 26-May-97 CHUNKS LAKESHORE AUTO 26.50 #178 SETUP Totals Check Number 53901 CHUNKS LAKESHORE AUTO 997.01 3.20 38.00 HORN FOR SEVERE HEATHER BATH/KITCHEN SUPPLIES 41.20 898.06 898.06 MAY INSURANCE 45.30 45.30 MN/DOT GEOTECHNICAL MANUA J 22 May 1997 Thu 9:26 AM Check Register City of Orono Check Number Date Name Check Number 53905 53905 CUMMINS ALLISON 26-May-97 CUMMINS ALLISON Totals Check Number 53905 CUMMINS ALLISON Check Number 53906 CUSHMAN MOTOR CCMrANY INC. 53906 26-May-97 CUSHMAN ‘ TOR COMPANY INC. Totals Check Number 53906 CUSHMAN Mt ;*JH COMPANY INC. Check Number 53907 DENNIS SMITH INSTITUTE 53907 26-May97 LZNNIS SMITH INSTITUTE Totals Check Number 5390/ DENNIS SMITH INSTITUTE Check Number 53908 EARL P. ANDERSON k ASSOC. 53908 26-May-!»7 EARL F. ANDERSON & ASSOC, Totals Check Number 53900 EARL F. ANDERSON k ASSOC, Check Number 53909 FARNIOK, CORREY 53909 26-May-97 FARNIOK, CORREY Totals Check Number 53909 FARNIOK, CORREY Check NUirOber 53910 FEED RITE CONTROLS 53910 26-May-97 FEED RITE CONTROLS Totals Check Number 53910 FEED RITE CONTROLS Check Number 53911 FORD CONSTRUCTION 53911 26-May-97 FORD CONSTRUCTION Totals Check Number 53911 FCRD CONSTRUCTION Check Number 53912 G k K SERVICES 53912 53912 53912 26-May-97 26-May-97 26-May-97 G 6 K SERVICES G fii K SERVICES G & K SERVICES Totals Check Number 53912 G 4 K SERVICES Check Number 53913 GAPPA. GREG 53913 26-M/y-97 GAPPA. GREG Totals Check Number 53913 GAPPA, GREG Transaction Amount 265.54 265.54 23.33 23.33 195.00 195.00 134.25 134.25 13.43 13.43 15.00 15.00 1.987.71 1.987.71 12.15 r ».84 5.93 115.92 180.42 180.42 Page 3 Comments MAINT ON SHREDDER SPROCKET SCHOENHOFF REGISTRATION SIGN-OVERFLOW PARKING EXPENSE REIMBURSEMENT CONTAINER CHARGE PAY 85-FINAL L.S. 828 RATHBUN STREET EMPLOYEES STEFFENHAGEN EXPQISE REIMBURSEMENT 1 I k i fv IT -r.rv= 22 Ma/ 1997 Thu 9:26 AM Check Register City of Orono Check Number Date Name Check Number 53914 53914 GOLF CAR MIDWEST 26-May-97 GOLF CAR MIDWEST Totals Check Number 53914 GOLF CAR MIDWEST Check Number 53915 GROSSMAN CHEVROLET 53915 26-May-97 GROSSMAN CHEVROLET Totals Check Number 53915 GROSSMAN CHEVROLET Check Number 53916 HAMEL BUILDING CENTER 53916 53916 53916 26-May-97 26-May-97 26-May-97 HAMEL BUILDING CENTER HAMEL BUILDING CENTER HAMEL BUILDING CENTER Totals Check Number 53916 HAMEL BUILDING CENTER Check Number 53917 INDUSTRIAL FLOOR MAINTENANCE 53917 26-May-97 INDUSTRIAL FLOOR MAINTENANCE Totals Check Number 53917 INDUSTRIAL FLOOR MAINTENANCE Check Number 53918 INDUSTRIAL SAW 53918 26-May-97 INDUSTRIAL SAW Totals Check Number 53918 INDUSTRIAL SAH Check Number 53919 JOmi BABLER AUTOBODY 53919 26-May-97 JOHN BABLER AUTOBODY Totals Check Number 53919 JOHN BABLER AUTOBODY Check Number 53920 KARNIT2, RICKY 53920 26-May-97 KARNITZ, RICKY Totals Check Number 53920 KARNITZ, RICKY Check Number 53921 LONG LAKE FAMILY PRACTICE 53921 26-May-97 LONG LAKE FAMILY PRACTTCE Totals Check Number 53921 LONG LAKE FAMILY PRACTICE Check Humber 53922 MACQUEEl^ EQUIPMENT 53922 26-May-97 MACQUEEN EQUIPMENT Totals Oieck Number 53922 MACQUEEN EQUIPMENT Transaction Amount 49.43 49.43 20,202.00 20,202.00 243.58 66.43 118.77 428.78 196.38 196.38 137.12 137.12 3,325.11 3,325.11 41.01 41.01 532.00 532.00 221.78 221.78 Page 4 CoTnments REPAIR GOLF CART 1/2 TON PICKUP - B a 2 LUMBER-SATELLITE ENCLOSUR GATES-FRENCH CREEK PRESER LUMBER-SATELLITE ENCLOSUR TENNANT SWEEPER-TRAILS SHOP SAH BLADES #174 BODY REPAIR COURT APPEARANCE TESTS - NEW PT OFFICERS SHOE RUNNERS, BAFFLE STRI I I 22 May 1997 Thu 9:26 AM Check Register City of Orono Check Number Date Name Check Number 53923 53923 MARTIN-MCALLISTER INC. 26-May-97 MARTIN-MCALLISTER INC. Totals Check Number 53923 MARTIN-MCALLISTER INC. Check Number 53924 MEOICA CHOICE 53924 53924 S3924 26-May-97 26-May-97 26-May-97 MEDICA CHOICE MEDICA CHOICE MEDICA CHOICE Totals Check Number 53924 MEDICA CHOICE Check Number 5392S HEDTOX LABORATORIES 53925 26-May-97 MEDTOX LABORATORIES Totals Check Number 53925 MEDTOX LABORATORIES Check Number 53926 MGCSA 53926 53926 22-Feb-96 26-May-97 MGCSA MGCSA Totals Check Number 53926 MGCSA Check Number 53927 MIDWEST COCA COLA BOTTLING CO 53927 26-May-97 MIDWEST COCA COLA BOTTLING CO Totals Check Number 53927 MIDWEST COCA COLA BOTTLING CO Check Number 53928 MINNEAPOLIS OXYGEN COMPANY 5392B 26-May-97 MINNEAPOLIS OXYGEN COMPATTY Totals Check Number 53928 MINNEAPOLIS OXYGEN COMPANY Check Number 53929 MINNESOTA D.A.R.E. INC. 53929 26-May-97 MINNESOTA D.A.R.E. INC. Totals Check Number 53929 MINNESOTA D.A.R.E. INC, Check Number 53930 MN BENEFIT ASSOCIATION 53930 03-Jun-96 KN BENEFIT ASSOCIATION Totals Check Number 53930 MN BENEFIT ASSOCIATION Ch^ck Number 53931 KN ERC 53931 26-Kay-97 MN ERC Transaction Amount 306.00 306.00 262.03 112.29 10,590.37 10,964.69 135.45 135.45 80.00 50.00 130.00 196.05 196.05 27.00 27.00 39.78 39.78 74.22 74.22 25.00 Page 5 Comments PT OFFICER EVALUATION JUNE INSURANCE JUNE INSURANCE JUNE INSURANCE DRUG SCREENING STEFFENHAGEN-ShlllNAR 1997 CONTRIBUTION POP FOR RESALE ACETY1.ENE, OXYGEN CAXE-D.A.R.B. GRADUATION JUNE INSURANCE HA2 CHEMICAL RELEASE RPT i 22 May 1997 Thu 9:26 AM Check Register City of Ororo Check Number Date Name Check Number 53931 53931 53931 MN ERC 26-May-97 26-May-97 MN ERC m ERC Totals Check Number 53931 MN ERC Check Number 53932 M0R0WC2YNSKI. JIM 53932 26-May-97 MOROWCZYNSKI, JIM Totals Check Number 53932 MOROWCZYNSKI, JIM Check Number 53933 KTI DIST CO. 53933 53933 26-May-97 26-May-97 MTI DIST CO. MTI DIST CO. Totals Check Number 53933 KTI DIST CO. Check Number 53934 NAVARRE HARDWARE Check Number 53935 NEW HOLLAND 53935 26-May-97 NEW HOLLAND Totals Check Number 53935 NEW HOLLAND Check Number 53936 NORTH MEMORIAL HEALTH CARE 53936 26-May-97 NORTH MEMORIAL HEALTH CARE Totals Check Number 53936 NORTH MEMORIAL HEALTH CARE Check Number 53937 NSP 53937 12-May-97 NSP Totals Check Number 53937 NSP Check Number 53938 OFFERMAN, JOSEPH 53938 26-May-97 OFFERMAN, JOSEPH Totals Check Number 53938 OFFERMAN, JOSEPH Check Number 53939 OLD DUTCH FOODS INC. 53939 26-May-97 OLD DUTCH FOODS INC. Transaction Amount 100.00 100.00 225.00 5.58 5.58 21.57 59.43 61.00 0.55 0.55 110.00 110.00 390.54 390.54 1.600.00 1.600.00 6.16 Page 6 Comments HAZ CHEMICAL RELEASE RPT HAZ CHEMICAL RELEASE RPT EXPENSE REIMBURSEMENT MISC PARTS MISC PARTS 53934 22-May-96 NAVARRE HARDWARE 120.32 MISC PARTS 539. 4 22-f3y-96 NAVARRE HARDWARE 244.03 MISC PARTS 53934 22-May-96 NAVARRE HARDWARE 393.17 MISC PARTS Totals Check Number 53934 NAVARRE HARDWARE 757.52 BALANCE DUE MOROWCZYNSKI-5/13/97 NSP CHARGES EASEMENT'1669 N. FARM RD CHIPS FOR RESALE I J 22 May 1997 Thu 9:26 AM Check Register City of Orono Check Number Date Name Check Number 53939 53939 OLD DUTCH FOODS INC. 26-May-97 OLD DUTCH FOODS INC Totals Check Number 53939 OLD DUTCH FOODS INC Check Number 53940 OTTEN BROTHERS 53940 53940 53940 26-May-97 26-May-97 26-May-97 OTTEN BROTHERS OTTEN BROTHERS OTTEN BROTHERS Totals Check Number 53940 OTTE.N BROTHERS Check Number 53941 PERRYS TRUCK REPAIR 53941 53941 26-May-97 26-May-97 PERRYS TRUCK REPAIR PERRYS TRUCK REPAIR Totals Check Number 53941 PERRYS TRUCK REPAIR Check Number 53942 PIONEER 53942 53942 53942 53942 26-May-97 26-May-97 26-May-97 26-May-97 PIONEER PIONEER PIONEER PIONEER Totals Check Number 53942 PIONEER Check Number 53943 PRAIRIE OFFSET 53943 26-May-97 PR7JRIT OFFSET Totals Check Number 53943 PRAIRIE OFFSET Check Number 53944 PRECISION TURF 53944 26-May-97 PRECISION TURF Totals Check Number 53944 PRECISION TURF Check Number 53945 R 6 T SPECIALTY INC 53945 53945 26-May-97 26-May-97 r t T SPECIALTY INC. R 6 T SPECIALTY INC. Totals Check Number 53945 R fc T SPECIALTY INC. Check Number 53946 REED VENDING 53946 26-May-97 REED VENDING Totals Check Number 53946 REED VENDING Transaction Amount 13.09 19.25 25.31 330.05 113.48 468.84 101.18 47.45 148.63 97.92 49.00 42.00 85.75 274.67 1,065.32 1,065.32 567.65 567.65 1,066.00 31.19 1,097.19 22.20 22.20 Page 7 Comments CHIPS FOR RESALE MISC SUPPLIES LANDSCAPE MATERIALS LANDSCAPE .MATERIALS #173 TOW #176 TOW ADVERTISING AD FOR BIDS AD FOR BIDS ORD #157, 2ND SERIES TICKETS FERTILIZER DARE T SHIRTS DARE SUPPLIES ROLLS FOR RESALE I 22 May 1997 Thu 9:26 AM Check Register City of Orono \ Check Number Date Name Check Number 53947 53947 ROLF ERICKSON ENTERPRISES 22-May-96 ROLF ERICKSON ENTERPRISES Totals Check Number 53947 ROLF ERICKSON ENTERPRISES Check Number 53948 SCHWABB INC. S3948 26-May-97 SCHMABB INC. Totals Check Number 53948 SCHWABB INC. Check Number 53949 SECOND CHANCE 53949 26-May-97 SECOND CHANCE Totals Check Number 53949 SECOND CHANCE Check Number 53950 SNYDER DRUG STORES 53950 53950 53950 26-May-97 26-May-97 26-May-97 SNYDER DRUG STORES SNYDER DRUG STORES SNYDER DRUG STORES Totals Check Number 53950 SNYDER DRUG STORES Check Number 53951 ST. BONI 6 MINNETRISTA PD 53951 26-May-97 ST. BONI a MINNETRISTA PD Totals Check Number 53951 ST. BONI 6 MINNETRISTA PD Check Number 53952 STAR TRIBUNE 53952 26-May-97 STAR TRIBUNE Totals Check Number 53952 STAR TRIBUNE Check Number 53953 STREICHBRS 53953 53953 26-May-97 26-May-97 STREICHERS STREICHERS Tota?s Check Number 53953 STREICHERS Check Numijer 53954 TRACY TRIPP FUELS 53954 26-May-97 TRACY TRIPP FUELS Totals Check Number 53954 TRACY TRIPP FUELS Check Number 53955 US WEST COMMUNICATIONS 53955 12-May-97 US WEST COMMUNICATIONS He Transaction Amount 6.654.97 6.654.97 29.20 29.20 83.08 83.08 2.40 9.29 6.54 18.23 1.446.50 1.446.50 26.00 26.00 31.79 85.60 117.39 443.50 443.50 45.94 Page 8 Comments JUNE ASSESSING NOTARY STAMP - GAPPA SPA COVER FILM DEVELOPING FILM DEVELOPING FILM DEVELOPING TEAR DOWN SQUADS SUBSCRIPTION RENEWAL GLOVE HOLDER 8173 DOME LIGHT UNLEADED GAS US WEST CHARGES • \ 22 May 1997 Thu 9:26 AM Check Register City of Orono Check Number Date Name Check Number 53955 US WEST COMMUNICATIONS Grand Total Transaction Amount 53955 12-May-97 US WEST COMMUNICATIONS 88.75 Totals Check Number 53955 US WEST COMMUNICATIONS 134.69 Check Number 53956 VAN ZOMEREN, ELIZABETH 53956 26-May-97 VAN ZOMEREN.ELIZABETH 283.58 Totals Check Number 53956 VAN ZOMEREN.ELIZABETH 283.58 Check Number 53957 WATERPRO 53957 26-May-97 WATERPRO 293.61 53957 26-May-97 WATERPRO 25.33 Totals Check Number 53957 WATERPRO 318.94 Check Number 53958 YOCUM OIL CO INC. 53958 26-May-97 YOCUM OIL CO INC.149.11 Totals Check Number 53958 YOCUM OIL CO INC.149.11 62.212.63 Page 9 a •^1 Comments US WEST CHARGES EXPEN. REIHBURSDCENT REMOTE READERS GASKETS HEATING OIL