HomeMy WebLinkAbout07-28-1997 Council Packetr
AGENDA FOR COl NCIL MEETING SET FOR MONDAY, JULY 28, 1997, 7:00 P.M.
ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA
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(*) 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.
ROLL CALL
1. Robert L. Searles Award to Bruce Dayton & Ruth Dayton - Resolution %
* 2 CONSENT AGENDA
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APPROVAL OF MINUTES
* 3. Regular Meeting of July 14, 1997
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PARK COMMISSION COMMENTS ~
PLANNING COMMISSION COMMENTS - Dale Lindquist Representative
PUBLIC COMMENTS - (Limit 5 Minutes Per Person)
ZONING ADMINISTRATOR'S REPORT
#2187 Donald & Robin Helqt^ger, 3265 Sixth Avenue North - Variances - Resolution
5. #2254 Curtis and Barbara Palmer, 2710 Casco Point Road - Variances - Resolution
•^(6. #2256 James and Mary Rivers, 1442 Shoreline Drive - Variance - Resolution
4f 7. #2257 Dennis Meyer, 4685 Tonkaview Lane - Variance - Resolution
8. #2258 Gerald E. Walsh, 180 Big Island - Variance - Resolution
#9. #2260 Benjamin Milbrath, 3265 Carman Road - Conditional Use Permit - Resolution
10. #2261 Tony Eiden Company, 345 Leaf Street - Variance - Resolution
ifll. #2262 Ned Butterfield, 3745 Watertown Road - Conditional Use Permit - Resolution
12. #2265 Robert Lund for Graydon K & Michelle M. Newman, 1655 Bohns Point Road - Variances
Resolution
-^13. #2266 Ronald and Robin Hohrman, 190 Cygnet Place - Variance - Resolution
^268 Robert Callan, 2995 Deer Run Trail - Variance - Resolution
/15. #2273 Morgan Nelson, 3145 Jamestown Road - Variance - Resolution
MAYOR/COUNCIL REPORT
16. Appointment of Representative to LMCD - Resolution
ENGINEER REPORT
17. Bid Award Golf Course Irrigation System
Clf i ADMINISTRATOR'S REPORT
18. Revisions to Non-Union Pay Structure
^419. Position Reclassification - Michael Gaffron
20. City Logo Shirts
21. Resolution Approving Planning Grant Application
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AGENDA FOR COUNCIL MEETING SET FOR MONDAY, JULY 28,1997, 7:00 P.M.
ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA >1
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CITY ATTORNEY’S REPORT
* 22. LICENSES
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* 23. BILLS
UPCOMING ISSUES AND EVENTS
07/28 - Council Work Session 7:30 a. m. - Navarre Water Plant Tour
07/28 - Council Work Session 8:30 a.m. - Highway 12 Issues
07/28 - Couhl J meeting 7:00 p.m.
07/29 - Council Work Session 7:30 a.m.
07/31 - Highway 12 Design West Committee meeting 5:30 p.m.
08/04 - Park Commission meeting 7:15 p.m.
08/06 - Highway 12 Design Review Committee meeting 5:30 p.m.
08/11 * Council meeting 7:00 p.m.
08/13 - Council Work Session 8:00 a.m. - Land &se & Sewer Issues
08/13 - Council Work Session 9:00 a.m. - TIP Issues
08/18 “ Planning Commission meeting 7:00 p.m.
08/25 - Council meeting 7:00 p.m.
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REQUEST FOR COUNCIL ACTION
DATE: July 25
ITEM NO: /
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Department Approval:
Name RonMoorse
Title City Administrator
Admiobtrator Reviewed:Agenda Section:
City Administrator's
Report
Item Description:
Robert L. Searles Meritorious Service Award to Bruce and Ruth Daj^on
In the fall of 1996, Bruce and Ruth Dayton made a gift to the State of Minnesota of a 150 acre tract
of ”Big Woods” forest to be preserved as the Wood-Rill Scientific and Natural Area. This land is
located in Orono and Bruce and Ruth Dayton are residents of Orono. Because the gift furthers
Orono's philosophy of preservation and environmental protection, and will provide a unique
scientific and natural area that can be used by Orono residents, the city wants to express its
appreciation to Bruce and Ruth Dayton for their foresight and generosity.
The Robert L. Searles Meritorious Service Award is given to individuals who make outstanding
contributions to the community to help achieve basic goals that enhance and perpetuate the quality
of life for the residents of Orono. This award is a fitting recognition for the efforts of Bruce and
Ruth Dayton to preserve the Big Woods forest to be shared with all citizens of the State today and
into the future.
COUNCIL ACTION REQUESTED:
Motion to adopt a resolution to confer the Robert L. Searles Meritorious Service Award upon Brace
and Ruth Dayton.
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A RESOLUTION TO CONFER THE
ROBERT L. SEARLES MERITORIOUS SERVICE AWARD UPON
BRUCE AND RUTH DAYTON
WHEREAS, the city of Orono is fortunate in having individuals who make outstanding contributions to the
community to help achieve basic goals that enhance and perpetuate the quality of life for the residents of Orono; and
WHEREAS, the natural features and resources of Orono are key elements of the community's quality of life; and
WHEREAS, in the fall of 1996 Bruce and Ruth Dayton made the largest and most ecologically significant gift ever
made to the State of Minnesota by a single individual - a $3,900,000 donation of a 150 acre tract of "Big Woods" forest to
be preserved as the Wood-P.Ul Scientific and Natural Area; and
WHEREAS, this contribution is the result of a long term plan, effort, and desire to acquire and preserve this
significant forest to be shared with all citizens of the State today and into the future; and
WHEREAS, the State Department of Natural Resources has stated "The foresight of Bruce and Ruth Dayton stands
as an ex^ple of the kind of public/private partnership that ensures future generations will be able to visit and appreciate an
outstanding remnant of what Minnesota looked like at the time of European settlement."; and
and
WHEREAS, the donation is in harmony with the city’s philosophy of preservation and environmental protection;
WHEREAS, the city wishes to recognize Bruce and Ruth Dayton for the outstanding contribution their donation has
made to the city as well as to the State of Minnesota; and
WE^AS, the city of Orono has established the Robert L. Searles Meritorious Service Award as a method of
recognizing citizen contributions of an outstanding nature.
NOW, THEREFORE, BE IT RESOLVED by the Orono City Council that the Robert L. Searles Meritorious
Service Award be conferred upon Bruce and Ruth Dayton; and
BE IT FURTHER RESOLVED, that the City Council of Orono and the entire community extends its appreciation
to Bruce and Ruth Dayton for their outstanding contribution to the community.
Adopted by the City Council at a regular meeting held July 28, 1997.
ATTEST:Gabriel Jabbour, Mayor
Dorothy M. Hallin, City Clerk
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ORONO CITY COUNCIL MEETING
MINUTES FOR JULY 14,1997
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ROLL
The CouncS on the above mentioned date with the following members present:
Mayor Gabrid Jabbour, Council Members J. Diann Goetten, Charles Kelley, Barbara
Pderson, and Richard Flint. Representing StaflF were City Administrator Ron Moorse,
City Attorn^ Tom Barrett, Assistant Planning and Zoning Administrator Michael
Gaflfron, Planner/Zomng Administrator Elizabeth Van Zomeren, Public Services Director
Greg Gappa, City Engineer Glenn Cook, and Recorder Sherry Frost, Mayor Jabbour
called the meeditg to order at 7:00 p.m.
(•#1) CONSENT AGENDA
Items #8,9, and 11 were added to the Consent Agenda.
Goetten moved, Peterson seconded, to q>prove the Consent Agenda as amended. Vote:
Ayes 5, Nays 0.
APPROVAL OF MINUTES
(*«) REGULAR MEETING OF JUNE 23,1997
Goetten moved, Peterson seconded, to approve the Minutes of the Regular City Council
Meeting of June 23, 1997. Vote: Ayes 5, Nays 0.
PARK COMMlSoION COMMENTS
(#3) TREE PRESERVATION ORDINANCE UPDATE
Van Zomeren referred the Council to the memo regarding the Tree Preservation
Ordinance. She noted that the subcommittee and stafiT met several times regarding the
issue. The Park Commission directed the memo written by Beal be forwarded to the
Council for their review. The Pailc Commission recommended a committee made up of
two Park and two Planning Commissioners, along with Staff, and Consultant develop the
specifics of the ordinance for review and adoption in the fall.
Goetten said it was her understanding that the IManning Commission would review the
ordinance. Van Zomeren indicated that the Planning Commission has not seen the draft.
J^bour asked to discuss the agenda item later in the meeting noting he was dissatisfied
with the process taken.
(The agenda item was discussed further following the Zoning Administrator's Report.)
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Mn<njTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JULY 14,1997
PLANNING COMMISSION COMMENTS
Commissioner Stoddard had no additional comments tMs time.
PUBUC COMMENTS
Kdth Vanden Branden, 1480 Loitg Lake Boulevard, asked to address the Council
regarding the m^or problem that has erupted with milf(^ in Long Lake. He asked for
Council direction regarding what action property owners can take and with whom the
nratter should be discussed Vanden Branden feh the problem arose from use of the
public access by boats and there should be a public contribution to rectify the problem
through an agency such as the DNR.
labour informed Vanden Branden that each boat license issued creates a S2>$3
contribution toward milfoil control. Orono does not receive any of these funds. He told
Vanden Branden that the increased clarity in the lake has caused the milfoil's growth.
Jabbour stud he has spoken with the DNR.
Moorse indicated that he has spoken with a person from the DNR who said the clarity of
the lake has allowed the growth of milfoil to occur. He said there were two options for
treatment that could be used, chemical or harvesting, neither of which would solve or
diminate the problem.
Jabbour cautioned Vanden Branden regarding the use of chemicals and their toxicity,
which he personally feels is a problent He noted that aquatic birds also create infestation
of the milfoil. He suggested Vanden Branden speak with the DNR on the matter.
Jabbour said if chemicals are used, the property owners should receive proper notL'ication
of its use. He suggested Vanden Branden review the chemicals used and make hif; own
conclusion.
Kelley asked who pays for milfoil harvesting on Lake Minnetonka. Jabbour said the
LMCD has three harvesters and another winch was donated by Hennepin Parks and
receives funding from the DNR. It was noted that the MCWD is not involved.
Kelley asked whether the DNR could be petitioned regarding treatment of milfoil.
Jabbour said th^ could.
Moorse noted that there is DNR grant money available for such use.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JULY 14,199'/
^blic Comments - Continued)
Flint said the Chy has helped with problems on Long Lake in the past citing the jet ski
ordinance adopted through cooperation with the City of Long Lake. He noted the public
can treat only a portion of the lake. Flint thought the City should work with the private
property owners »nd share in the cost of treatment. Jabbour said this would be a strong
thversion from how the City of Orono has operated in the past. Kelley suggested
assisting with contact of the DNR. Jabbour agreed that the City could help with
contacting people but not with harvesting its^f. The Council agreed that they did not
want to rhangft th«T cuiTent policy regarding involvement in such matters. Goetten
noted that the DNR was involved with increa^g the clarity of the lake.
Curt Greenley, 1485 Long Lake Boulevard, noted that the northern portion of the lake in
Orono receives the drifting of the milfoil causing seeding of the plant. It was his hope
that the citizens, along with support of the City, could get he4> from the DNR. He
♦hniigtit nnce Long Lake is smaller than Lake Minnetonka, it could benefit from cheimcal
treatment.
Jabbour said the City is already involved in assisting with impro>nng the lake and would
send a letter to the DNR regarding this issue.
Kelley a^ed how the City can make ai^tication for fimding. Moorse indicated he is
investigating that pos^bility. Moorse said it would be helpful if a citizens* petition was
included.
Jabbour explained the funding formula and informed Vanden Branden and Greenley that
the Chy would continue to pursue the issue. He requested the Chy Administrator to
draft the letter to the DNR and detemune the application process.
Kelley said he thought the DNR should assess the lake. Jabbour indicated that could be
accomplished through the permit application.
Flint moved, Kelley seconded, to direct the City Administrator to draft a letter to the
DNR regarding milfoil in Long Lake and pursue the application process for treatment and
grant money whh the help of the City of Long Lake. Vote: Ayes 5, Nays 0.
Flint renunded Vanden Branden and Greenley to pursue the petition of the property
owners.
ZONING ADMINISTRATOR'S REPORT
(#4) #2246 DONALD J. CURRIER, JR, 60 CYGNET PLACE - VARIANCE
RESOLUTION NO. 3925
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Donald Currier was present
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JULY 14,1997
(#4 - #2246 Donald Currier, Jr. - Continued)
Van Zomeren reported that the application is for a side yard variance and CUP for the
installation of an amateur radio antenna. The 0.8 acre propoty is located in the RR>1B
Zoning District. Van Zomeren indicated that the newly adopted ordinance requires the
antenna be located the same distance from the ride yard as bright of the antenna. The
requested antenna height is 70* which would require a 70^ side yard setback. She
indicated that this was not possible due to the tree cover on the property. Placement of
the antenna would be 17 from the required location. Van Zomeren said the neighbor that
would be affected if the antenna were to topple has been informed of this af^lication
request and has submitted a letter of support.
The ride yard setback variance would reduce the ride yard setback from the ncnth
property line from 70' to 55.26'. The nested height of the antenna is 22*8" with a 18”
mast, lesuhing in less than 25' hei^ when nested. The CUP is required for an accessory
antenna tower vdien the zoning codes is not met due to height and ride yard. The
orrhnance allows a maximum 65' bright, and the applicant has reported that a 70' bright is
necessary for international communications. The City consultant, Mr. DuBois, reviewed
the application and is in support of approving the application.
Goetten questioned whether the antenna would be screened.
Kelley said he could support the request for height variance but not the side yard
variance.
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Currier informed Jabbour that the antenna was horizontal on the end.
Van ZomCTcn noted that trees would be lost if the side yard requirement was met.
Currier indicated that the trees are ash.
Jabbour questioned why 70' was required for the height vriien the amount noted as
necessary is 20 meters which is 66'. Currier said the height must be at least 66* and the
highm* the better and less power needed. Currier said the antenna would be nested when
not in use and used only in favorable weather ccmditions. He said the antenna is well-
constructed. The tower is rated for three times the antenna. The 50 mph wind load is
rated for a 30' antenna and the applicant will be using a 14' antenna.
Flint inquired of the one opporing vote on the Planning Commission. Van Zomeren said
Lindquist voted against the application due to the side yard variance request. She
indicated that the nesting informaticm was not available at the time, and there was a
question whether the ride yard requirement was 70' or 25*.
The applicant informed Jabbour that the 20 meter is in reference to the frequency band,
not the height of the tower.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JULY 14,1997
(#4 - #2246 Donald Currier, Jr. - Continued)
Currier informed Flint that the antenna could not be nested or raised in the location
required due to the trees. He noted the survey shows the trees plotted that are affected
by the antenna and the tree cover then drawn in.
Jabbour noted that the ability to have a nested antenna is more visibly attractive than an
antenna that must be fully extended at all times. Currier said trees would still have to be
reonoved to allow for the fiiUy extended antenna.
Jabbour was informed that the neighbor in whose yard the antenna would fall, if it would
topple, gave his ^roval.
Flint questioned why the antenna cannot be moved IS* further along the same line noting
the survey does not indicate trees in that area. Currier said the tree cover is located there
and would result in the loss of a lotus tree.
Jabbour was informed that the horizontal width is a 34' maximum with a 20' long boom.
Flint was told that the antenna is directional motorized by a rotor.
In answer to the question of how close the neighbor's structures are to the north property
line, Moorse said a letter indicates that the area is ungroomed without any structures.
Kelley questioned what would happen if that property owner wanted to build a garage in
that location. Cumer said the neigh^i’ told him he could put the antenna on the property
line if he wanted to. Goetten reported that if the neighboring property was sold, the
antenna could create problems for the new owner. Kelley suggested a call option be
placed on the amenna if that were to occur. Barrett indicated that this would be diflBcult
to enforce.
Peterson was informed that there were a couple other antennas in the City and no
problems have been reported. The onty other retractable antenna that was on a property
in the City was remov^ when the resident moved. Jabbour said he feels the retractable
antenna is a great idea. Currier indicated he would like to nuuntain the trees to lessen the
visual impact.
Jabbour moved, Peterson seconded, to approve Resolution No. 3925 per the Planning
Commission recommendation. Vote: Ayes 4, Nays 1, Flint.
(#5) #224S DAVID AND JODI RAHN, 1385 REST POINT ROAD - VARIANCE
RESOLUTION NO. 3926
David Rahn was present.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JULY 14,1997
(#5 - #2248 David and Jodi Rahn - Continued)
Van Zomeren reported that the application was reviewed at the June 23 Council meeting
for the variance and CUP to restore and build an addition to an existing residence located
in the 0-75' setback. A 5.3' side yard setback would require a variance from the lO*
requirement. A lakeshore setback variance is required as well as a 0-75' hardcover
variance for 19% hardcover, currently existing at 9%, where none is aUowed. The CUP
is required to alter land located in the 0-75' setback. The topography is such that the
structure could partially be in the flood plain.
Jabbour noted that it is necessary to see the topography and elevation of the property.
Van Zomeren agreed that the main issue is the topography of the lot and low elevation.^
Van Zomeren reported that the Planning Commission recommended approval as noted in
the staff memo.
Peterson, who along with Kellty was not present at the 6/23 meeting, asked Flint his
opinion of the application. She indicated she had a understanding of the thoughts of
labour and Goetten. Goetten said Flint's opinion is similar to her own. Jabbour noted
that it had been determined that the application should receive a full Council decision.
Peterson brought attention to the discussion regarding the flood plain mitigation.
Goetten indicated that she felt the residence could be moved back on the property.
Jabbour re^)onded that a move would diminate a sediment pond that helps the lake and
be a burden to find a new location for good stormwater management for the property
owner and Watershed District. Jabbour acknowledged the importance of the 0-75'
setback but M this was a good example of where an exception could be made. Rahn
also indicated that the roof line allows for water directed away from the lake. He also
noted that the point was sandy and water ponds in the low tying area.
Kelley was informed that the applicant is the current owner of the property.
Rahn said he reviewed the ordinance and referenced Section 10.55 regarding flood plain
management. It encourages providing storage for runoff and elevating the building site.
He said the code also allows for the average lakeshore setback.
Peterson said the Council historically does not approve structure in the 0-75' setback but
noted the extenuating circumstances involved in this application.
Goetten said the lot is very small and substandard. She agreed that it would be expensive
to move the residence out of the 0-75* setback, but said she has never voted for new
hardcover in that setback. The applicant responded that the land is highest by the lake
and then slopes downward.
MINUTES OF TBDE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JULY 14,1997
(#5 - #2248 David and Jodi Rahn - Continued)
Kelley asked for clarification on the hardcover calculations of an increase fi’oni 9% to
19% in the 0-75' setback. He was informed that the calculations do not include a
driveway or potential garage. There is currently no hardcover in the 75-250' setback and
the hardcover noted is the house footprint only. Kelley sud a driveway and garage are
incvhable and would need to know the calculations for them and what amount would be
added in the 0-75' where it leads to the home. Jabbour noted that the application is
entitled to 25% in the 75-250' setback. Kell^ questioned what percentage would be in
the flood plain. Rahn said <he garage would not be below the 931.5' elevation and no
variance would be required icr a garage. Van Zomeren agreed that no variance would be
required.
Kdley said he has never turned down an application for a two-car garage noting the
necessity for garages in this area but feh the calculations should be included. He
questioned a sidewalk leading to the residence. Peterson questioned the need for the
calculation since it is not included in the proposal.
Rahn indicated that he is allowed 1500 s.f of structure outride the 0-75' and as much as
2200 s.f with the size of the lot.
Jabbour asked the applicant how he plans on walking to the house. The iqiplicant
questioned whether a walkway is required. Rahn said he has no intention of putting in a
ridewalk. Jabbour indicated that one would eventually be meded. Rahn srid he uses the
grass area now and the decking and entry arc included in the calculations. He currently
parks on the clearing on top of the hillside and there is no established driveway.
Goetten questioned why the residence cannot be pulled back. Rahn said the residence
would then be located in the flood plain. He said he has space for 1900 s.f. in the 75-250^
setback.
Kelley asked Staft if 25% hardcover allowed for the 75-250' setback includes land in the
flood plrin. He was informed by Gafiron and Van Zomeren that it did.
Jabbour noted the structure could be a slab on grade mthout a foundation. Jabbour said
he would make his approval contingent on no additional variances allowed in the future
and any further improvements adhering to standards in the zoning code.
Gaf&on questioned with hardcover shown in the 0-75', whether this amount should be
subtracted from that allowed elsewhere. He felt it should be. Jabbour cited an example
where tins has been done in the past. Gaflfron indicated that with 2000 s.f. total allowed,
it would leave 1000 s.f for any future improvements. Jabbour said that was a good idea.
Rahn agreed to comply with this request.
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(#5 - #2248 David and Jodi Rahn - Continued)
,d*«ur nK,v«.. Pierson seconded. .0 epp^ve ^t“aSe
'^tZ hS4ttould be allowed beyond .1^ SP.id^
V«e Nays 2^ey. Goetten. Goetlen indic«rf that Ae ordmance d^ «ot
allow for any hardcover in the 0^' se^. s^k md no more,
allowed the hardcover as proposed in the application for
(M) MM2 WABKEN AND CHRISTINE BIELKE, 2545 DUNWOODY AVENUE -
VARIANCE - RESOLUTION NO. 3927
Warren and Christine Bielke were present
previoosly approved for a maximuni of 35.6% hardcover ^ 75-25W srtbKk 1
PlatL-mig Commisaon recommended approval of the apphcaaon wi
hardcover in the 75-250* setback.
Goetten noted that the property has had other variances approv^ in the past. She
questioned the amoum of plastic removed under l^scapi^. Van
that the appUcant had removed plastic prior to making appbcatiM and
was combed as they were aware that the prior owner was to have removed that plasuc
as part of a previous iqiplication approvaL
Mrs Bidke reported that their intent is to replace non-stnicture cement drivway^
l^!SS.re. There would be no net change. The hardcover would be reduc«l
in general on the prq^erty.
Goetten asked Van Zomeren to update the bedcover calailarions for the file. Nxrs.
Bielke indicated that the survey was correct in its calculations,
Kdley moved. Peterson seconded, to approve Resolution No. 3927. Vote: Ayes 4. Nays
0, Abstain, 1, Jabbour.
(Agenda Item #7 follows Mayor/Couned Report Item #3 was continned at this
time.)
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JULY 14,1997
(#3) TREE PRESERVATION ORDINANCE UPDATE
Jabbour reported that he was of the understanding that the work reviewing a tree
preservadon ordinance should have been conducted by the Planning Commission. He felt
it was incorrect to keep the Planning Commission out of the process and contradictory to
the Comprehensive Plan. Moorsc responded that the Planning Commission has to be
included as part of the full process, and it was not the intent to leave them out of the
process.
Jabbour said he has received citizen comment that reflected the Planning CommisMon's
lack ofinvolvement in the process t^ date and fecb the process was reversed. He
that this is no reflection on the Park Commission. The Park Commission is to
comment on the review completed by the Planning Commission. Jabbour felt Planner
Van Zomeren q>ent more time than warranted and would like to see the process
conducted in the proper order.
Kdley asked why the ordinance was bcdng contidered. He a^ed what the vision is of a
tree ordinance and whether it was to regulate what can take place on property. Kdley
said he understood that the ordinance was initiated because of the Spring Hill Golf Chib
application.
Goetten noted that it is customary to attempt to protect tnies in the review of
applications before the Council. She indicated there is greater concern with subdivisions,
and the City currently has no recourse within the code as written.
Kell^ said he felt the market dynamics will take care of preserving trees as they aikl
intrinsic value to property that would decrease if trees were removed. Goetten said,
wttle a person may think that would occur, she questioned where the City would be
without the Shoreland Ordinance. Kelley asked for the opinion of the other Council
Members. Jabbour said the process started with good intentions but felt it might have
been wasted time. He would like to have seen the process periodically reviewed by the
Council. Goetten replied that she thought the ordinance was going to the Planning
Commission.
In noting differing opinions, Jabbour questioned what scenario the Council would want if
soTieone wanted to develop heavily treed property for a horse fenn. He noted that the
City not been totally successful in preserving trees the (J-TS* lakeshm'e setback. He
fell there should be a hiqjpy medium between preservation of trees and other scenarios.
Jabbour feh that deforestation should not take place.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JULY 14,1997
(#3 - Tree Preservation Ordinance Update - Continued)
Flint said it was his recoUection that the ordinance came from a work session that took
place prior to the golf club application. The citizen survey was the first step which
identified the preference for preservation of open space. One i^e was opw space
identification and purcha^ng of open space. With linuted fiuiding, Flint rt
suggested that a tree ordinance would result in preservation. The Park and Planning
Commissioos were asked to review the matter.
Flint indicated the ordinance draft written by the Park Commisaon is not rcfii^. He
questioned whether the ordinance would involve subdivision applications or all buildmg
permits. He does not feel the suggestion was made that all applications need to
Council if they involve cutting down a tree, but rather if something triggers ^ need for
tree preservation within the applications reviewed. He cited an example noting work on
the ordinance needs to continue. Flint thought the Council should look at policy ^
deQsions and whether there should be tree control. If so, he questioned whether it
should include both subdivisions and any other permits.
Jabbour questioned whether an ordinance selective to subdivisions can be passed. Barrett
said it can be done.
Jabbour indicated that the issue came about because of the Spring Hill Golf Club
application and noted similar problems in the City of Minnetonka resuhing in their tree
ordinance.
Peterson asked if such an ordinance forces the Council to become dictatorial. Goetten
responded that alot of cities have had problems with this issue. Peterson suggest^ the
tree preservation could be incorporated into a subdivision resolution. Goetten said the
problem is that all applications are not subdivisions and would not fall under that
category.
Kelley said he felt there was a need for a policy, citing the lack of trew on the Dickey
property, but said he was more in favor of connecting it to a subdiviaon. Goetten
indicated that lot coverage requirement is not as important in 2 acre zoniiig as in larger
parcels. Kelley agreed that he would like to have been able to see a planting schedule for
the Dickey property. Goetten said she would hope the policy would include land
development as well as subdivisions.
Kelley questioned what would occur with farming. Goetten responded that she felt w^
the price of land, it would probably not occur. Kelley said he would not want to restrict
a person from plowing 5 acres if they have 10 acres. Jabbour said this responds to an
importarn point of reforestation, not only preservation. Peterson said both reforestation
and preservation should be included. Goetten agreed that this was the reason for
reviewing such an ordinance. Kelley feh the issue was between subdivision and
individual properties.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JULY 14,1997
(#3 • Tree Preservation Ordinance Update - Continued)
Moorse said a sununaiy of the Minnetonka ordinance is included in the package and
worth reviewing as it addresses the concerns menticHied. He referenced a point in their
ordinance noting the City's ordinance can reflect thdr needs.
Jabbour siud he agreed with Flint r^arding the need for reforestation and preservation.
He reiterated the need for the review to come back before the Council regularly as it
proceeds.
Gafifron informed the Coundl that the Park Commission comments were in agreernem
with those of Jabbour regarding development and subdivision tree preservation and did
not reflect the desire to restrict property owners. He noted that the City has m(H*e trees
today than years ago citiiig the example of the Jyland Development; that developer
restricted the number of residences as thQr acknowledged the value of the lots bdng with
the number of trees. Gafifron said the rime spent by Staff on this issue may be less than is
percdved and asked to have the CouncO comment on its direction regarding the
ordinance before Planning Commission review. He feels the next step should be taking
the Park Commission views to the Planning Commission.
Van 2fomeren agreed with Gaf&on. She in(hcated that the agendas of the Planning
Commission have been too full to accommodate this issue.
Jabbour suggested a possible work sesrion to dialogue the issue but asked that the
Planning Commission be asrigned to continue the review.
Flint said he would not want to send the draft details to the Planning Commission if th^
did not fit in with the thoughts of the Council. He asked what direction the Council
should 9ve the Commisrioa
Jabbour said the feeling of the Council is one of preservation and reforestation within a
subdivision ordinance and development of large parcels but not applying to individual
properties. He indicated there is a question as to what point development should be
affected. He suggested other cities' ordinances be reviewed and relayed back to Council
after each meeting. Jabbour noted that Council members can attend the meetings as well.
Kelley smd he was personally not in favor of a tree ordinance except for subdivisions. He
cited a tennis court built in a forest of trees and believed the property owner had that
right. Goettcn said she did not believe the Council was taking the issue in that direction.
Jabbour said dialogue about the issues can take place at the Planning Commisrion
meetings He asked Flint about reforestation. I^ said he would not suggest
reforestarion regulation but if the City was involved in such an application, it could be
reviewed. Flint said he saw this issue used regarding PUD's.
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JULY 14,1997
(#3 - Tree Preservation Ordinance Update - Continued)
Kefl^ indicated he saw the use of regulating in this manner in the commercial
development area on Highway 12.
Jabbour said people buying property who want to remove trees should have the right to
do so. However, if the intent is to buy land to develop and the vision is of clearing the
land, it should be prevented through the subdivision ordinance. Flint asked if this would
include building permits. Jabbour said no. Flint cited an example of a line of trees to
buffer a commercial development. Jabbour said it would be part of the site review. Flint
asked what the trigger would be. Jabbour said it cannot take place without the review.
Moorse added that this should then be added to that review process.
Jabbour asked for confirmation if these views reflected the Council and the philosophy of
the City of Orono. Council members ail agreed.
Goetten questioned how an old tree could be saved for the future. Moorse suggested
placement of a covenant.
Van Zomeren cited an exairq>le of a variance application necessitated by the desire to
save a tree and whether the resolution should state protection of that tree. KeUey said it
wodd reflect the tree preservation policy, and the tree preservation creates the hardship.
He indicated that reforestation is very important. Peterson agreed.
Park Conunission Chair Wilson said the dtscusaons duplicate the discussions of the Park
Commission. She feels both the Commission and Council are on the same track, not in
who performs the review but that it get done. She suggested the issue be reviewed by the
two Commissions to save time. Jabbour said the review should be sent to the Planning
Commission for their feedback on how to proceed He would then like to see a work
»ssion scheduled. Wilson indicated that Commissioner Beal has alot of information on
toe is^c. Jabbour noted that toe Planning Commission meetings are public meetings and
Beal is welcome to attend them. Beal noted the lack of time available for the Planning
Commisrion and the time available for the Paric Commission. He hoped that the
information presemed thus far will aid the Planning Commission. Jabbour said he needs
to hear the thoughts of the Planning Commission.
Mwrse suggested the information from the Park Commission and fi-om Council be taken
and summarized for a general overview of the policy and general issues. This then can be
taken to the Planning Commission for their input and for a future work session.
Direction can then be given for the final ordinance draft through the regular process of
Planning Commission and Council review and ^proval.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JULY 14,1997
MAYOR/COUNCIL REPORT
Mayor Jabbour reported that he and Wilson met with Hennepin Parks Superintendent
Doug Bryant regarding the bike trail partnersWp. He s^d he asked what was needed to
get back on track to complete the trail. They were informed that Hennepin Parks does
not want to come off as a bam stormer and requested a letter be sent to Hennepin Parks
requesting them to proceed with the trail. Hennepin Parks is willing to build the trail
along Old Crystal Bay Road from north of CoRd 6 down to the City property if that is
what the City so desires. Jabbour suggested they also pay for some of the expenses
incurred by the City. Hennepin Parks said they would only continue if the trail was
designated a r^onal trail. Jabbour said an agreement is needed stating control of the
trail as such and under who's maintenance. Jabbour said if the Council agrees that
proceeding as stated is a good idea. Staff could be directed to send the letter from the
Council to Hennepin Parks to proceed forward.
Jabbour said th^ also spoke about other areas in Orono noting Big Island. Hennep'ui
Parks has suggested they are conrideiing selling two parcels they own but are not
interested in acquiring the Veterans Camp. An interpretive center is being considered in
Norenberg. The fence on the north side will also be repaired. He said discussion was
had regarding what the City and Hennefnn Parks can achieve together.
Jabbour indicated that a trail easement in Maple Grove funded by their Park Dedication is
b^g turned over to Hennepin Parks, who will reimburse Maple Grove’s Park Dedication
Fund.
Kdley noted that this procedure should have occurred with the Dickey property. Kelley
indicated if the school district receives a levy for building a new middle school requiring a
ate plan review, the City could possibly ask the school to construct the trail along the
school property. He questioned whether this portion of the tral should be placed on hold
until the school property is improved.
Jabbour said he discussed the trail with the school district, who indicated that there
should be no damage to the trail by the construction and has asked Hennepin Parks to
speak with them on the issue. Kell^ suggested the County complete that trail section.
Kelley said he supported approval of the trail for Heimepin Parks.
Kdley questioned whether Hennepin Parks was approached about purchasing the parcel
by Stubbs Bay. Jabbour said he spoke with the DI^ regarding that parcel but noted that
City Staff has been dumping snow on the property and questioned whether the City
actually wants to sell the parcel. Gappa acknowledged that the property was used for
snow storage. Jabbour felt a parking lot should be constructed on the property and a
meeting scheduled to meet with the DNR.
Jabbour asked Council if they agreed with the trail becoming a re^onal trail. Council
members all voiced their agreement.
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JULY 14,1997
(Mayor/CouncU Report - Continued)
Moorsc introduced Brad Bresder, the Planning Commission Intern, to the Council
members.
(The meeting was adjourned for 10 minutes. The Mayor/Council Report continues after
Agenda Item #7.)
(#7) 1997 MARINA LICENSES
Gaflfron reported that the marina licenses come up for annual review for the five marinas.
Applications are sent out early in the year and the site inspections are completed when
the marinas are in operation. The seven operating standards are then reviewed. The staff
memo includes the report on the reviews and any issues involved. Gaffron said most of
the marinas are doing a reasonable job meeting the standards and recommends approval
of all five licenses.
Jabbour said he has spoken with the prosecuting attorney regarding the CUPs and ability
to enforce the ordinance. Barrett suggested the public discussion of this issue would
result in loss of preserving the attorney-client privileges.
Jabbour encouraged the Council to consider the use of a fire marshal serving the City,
He noted assistance he has recced and the benefit that would be gained by the City.
Kelley cited examples of a chemical spill at a company and the lack of knowledge
regarding chemicals stored in businesses. It was felt that all companies should be
required to re^ster the chemicals being used.
Kelley questioned the differing views by Lakeside Marina noting three of five mari^
have been required to meet certain ^eria. Gaflfron indicated that Sailors World did
make application for their particular use wttle the other two marinas in qu^on did not.
Jabbour indicated that the value of the land is directly related to the activities taking place
on the properties.
Peterson indicated that North Shore Marina has been asked for 13 years to provide a
landscaping plan. Gaflfron said the City chose to tie this issue to the CUP.
Jabbour said he has had a discussion with a property owner for development noting if
marinas are not required to adhere to standards, the ability to enforce such standards
decrease.
Goettcn moved, FUnt seconded, to direct staff to issue 1997 commercial marm licenses
to Windward Marina, Genmar/Kin^s Cove, Sailor's World, North Shore M^na, and
Lakeside Marina subject to continued compliance with the minimum operation standards.
Vote: Ayes 4, Nays 0, Abstain 1, Jabbour.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JULY 14,1997
CONTINUATION OF MAYOR/COUNCIL REPORT
Jabbour indicMed he attended .he recent LMCD meeting after a lengthy discussion with
the DNR on how to improve the lake environment. He asked the LMCD to correO then
procedures regarding future planning. He indicated that it is the
LMCD to provide educational classes and review density issues. He ask^ the LMCD to
revisit these issues which would encourage representation by the City of Orono. He
noted that the ra^ority of the LMCD commissioners are new, and he ask^ what their
visions are, whether for zoning and planning, milfoil, etc. to educate the City v*o to s«d
to the mect'jigs. Jabbour indicated that the representative for the City of Minnetonka has
retigCw and has not yet been replaced.
Jabbour said he felt it could be a good time to start attending the LMCD meeting again.
He asked the Council to review the issue for a decision at the next Council meeUng.
Jabbour feds the City has done more for the liAe than any other agency and has urged
the DNR not to leave thdr fidudary responsibility regarding public access.
Jabbour said he has met with previous Mayor, Ed Callahan, suggesting a work ses^n
with the consulting engineer for the design of the Hwy 12/CoRd 6 intersection to educate
all members. He noted the major design tinutations to the intersection.
Goetten noted that the Highway 12 Design Committee is scheduled to inert on
Wednesday, July 16. The noted intersection was originally on the agenda but has been
removed and will not be itiscussed.
Kelley asked if the information relating to the Fire Department Commission was ^ay<^
at the last meeting. Moorse said the Coundl authorized the purchase of one truck and is
in the process of gaining more information regarding the second vehicle. The pro-irted
share of ownership was noted. Kelley said he would like to see this ownership on the
title for the vehicle. Moorse noted that tins is the first veWcle purcha^ under
program. Kelley asked that the title be seen. He also verified discussion of the City's
budgeted reserves for fire veWcle replacement.
ENGINEER REPORT
(*#«) PAY REQUEST #2 OLD CRYSTAL BAY ROAD BIKE TRAIL
Goetten moved. Peterson seconded, to approve Request for Payment #2, Old Cr^al ^y
Road Trail Project, to Bufialo Bituminous in the amount of $64,076.75. Vote: Ayes 5,
Nays 0.
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MINVTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JULY 14,1997
(*#9) PAY REQUEST #1 NORTH LONG LAKE/LONG LAKE COUNTRY
CLUB SEWER PROJECT
Goetten moved, Peterson seconded, to approve Request for Payment #1, North Long
Lake Sanitary Sewer Project, to Baiharossa & Sons in the amount of $195,908.86.
Vote; Ayes 5, Nays 0.
(#10) NAVARRE WATER TREATMENT PLANT UPGRADE
Gappa reported that the Navarre Water Treatment Plant was built in 1971 and provides
iron and manganese filtration and softening of the water system. One of the softeniiig
iinitft has been shut down due to corrosion problems cau^g loss of fiher media into the
water supply.
The water plant is in need of major rehabilitation. The initial cost report was done by
Bonestroo in 1995. Gappa suggested the Council review the report and schedule a tour
of the plant.
Jabbour noted the $16,000 spent on studying the project and the fiict that the system was
working too ^Sciently at one point. Gappa said the issue still remains as all of the units
recharge at the time causing the corrosion problem and softening going firom zero
to hard water.
Cook suggested the supervisory controls be changed as well
Kelley asked what money was aviulable for such a project. Moorse indicated there is not
sufficient mon^ in the fund balance. Kell^ noted this is unfunded depreciation. Moorse
said the CHy has been aware of the problem. The current rates cover the operations and
beginning to accumulate a replacement fund.
Gappa said an annual increase in water rates of 2 to 3-1/2% is necessary if the project is
done. A plan b required to set the course of action. Gappa suggested the money be
borrowed and the rates raised.
Jabbour voiced concern with sending out untreated water. Gappa said the iron and
manganese is beiiig treated now and the filter media is what nMds replacement. The
water should not be softened to the degree that corrodes the pipes. The softener ^ould
either be shut down or a better softernng ^stem designed. Without this occurring,
property owners would be required to buy water softeners.
Jabbour said the average homeowner does not know how to regulate the salt. Goetten
questioned how this is done. Kelley said a test kit is aviulable. Jabbour said the test
measures the hardness and gallons of water used.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JULY 14,1997
(#10 - Navarre Water Treatment Plant Upgrade - Continued)
Kelley asked what the life expectancy is of the new equipment. Gappa said 20 years.
Kelley said the cost would be depreciated over 15 years leaving only 5 years to
accumulate another reserve.
Flint how many homes are being served. Gappa said about 800 homes and 2000
people. Jabbour noted there is also one cul-de-sac in Minnetonka Beach being served
consisting of so. residences.
Jabbour said the City needs to take action.
Kdley was informed by Moorse that there is about $800,000 in the sewer fund.
Kelley agreed that action needs to be taken on this issue. Jabbour suggested it be part of
the budget discussions.
The touring of the water treatment plant was discussed. Gappa felt it would be helpful
for the Council to see the plant. The rehabilitation is expected to cost about $750,000.
JaU>our thou^it the cost should have been part of the recent bond sale. Cook said there
is a low interest loan at about 5% which is comparable to the last bond rating.
Kelley asked that staff come back with options on how to tinance the rehabilitation.
Council agreed that the rehabilitation must take place.
The tour of the water treatmoit plant will occur at 7:30 a.m. on July 28.
Jabbour noted he has spoken with a resident of Dakota Avenue who has not been able to
use his driveway due to the sewer project. He is awaiting application of class 5 fill.
Jabbour said the resident provided an easement for the project and should receive
assistance in this matter as soon as possible. Cook said he was mfbrmed that it would be
corrected this week. The resident was in the audience and said he spoke with Tom
Kellogg who has assured him the class 5 will be applied by Tuesday, July 15. Gappa
indicated that the rain has slowed the sewer project process and caused problems on
Dakota Avenue.
CITY ADMINISTRATOR’S REPORT
(*#11) NATIONAL NIGHT OUT PROCLAMATION - RESOLUTION NO. 3928
Goetten moved, Peterson seconded, to adopt Resolution No. 3928 proclaiming Tuesday,
August 5,1997 as "National Night Out" in the City of Orono. Vote: Ayes 5, Nays 0.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JULY 14,1997
(#12) RIGHT-OF-WAY DEDICATION POLICY
Moorsc provided an update to -the Council regarding changes since the Right-of-Way
Dedication Policy was put in place about 25 years ago. Layout standards have been
reqiuring more right-of-way. The cost sharing policy has also chang^. The County has
adopted a policy calling for cities to be responsible for 100% of the light-of-way
acquisition costs for bicycle trails where initial requests for right-of-way by the County
during a subdivision plat review was declined by the City. Moorse asked for general
direction from the Coundl regarding changes to the policy. This would require additional
dedication of right-of-way for subdivisions. The current poUcy is 66 ’, and the County is
requesting 100*.
Kdley said the City will have to address the County as changes occur or more and more
right-of-way will be requested.
Jabbour asked how this affects the City. Moorse said it is important to ensure the proper
amount of right-of-way is acquired to meet MSA standards.
Goetten asked if road work was mainly performed on MSA, Wghway, collector, or
streets. Moorse said the policy lays out the differing policies regarding County and MSA
roadwtqrs.
Goetten asked what happens with roads near wetlands. Moorse said it would have to be
determined where the road is to be constructed. Cook noted that mitigation can oc^r on
less than 1/2 acre of roadway. Jabbour suggested the engineer make the determination.
Goetten smd the City has always been concerned with taking more than needed citing the
sewer projects. She questioned changing the direction of thought r^arding this issue.
Kelley said the MSA roads would have to be to MSA standards. Cook s«d natural
features, such as trees and wetlands, may provide conditions >^ere a variance could be
granted to allow for less right-of-way taken.
Goetten asked about Fox Street with the wetlands located there. Cook said the road is
24* but the variance process was used.
Jabbour said he understood the typical road width to be 84'. Gafifron said the City
follows the comprehensive plan for the various types of roads.
Kelley questioned what happens when the County wishes to upgrade a road and the City
does not. Moorse and Goetten indicated that it would then not occur. CoRd 6 and
CoRd 15 were cited as examples where conflict has arisen. Jabbour said he feels Met
Council may override the City’s decision. Moorse said this could occur with a condition
placed on a comprehensive plan amendment.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JULY 14,1997
(#12 - Right-Of-Way Dedication Policy - Continued)
Jabbour asked staff to review the issues before any change occur.
Flint said he saw the issue as having two decisions. In subdivisions, what amount of
easement is taken and if the road is actually buUt to that width. He feels the easement
should be taken but not necessarily buih to that width without staff justification. Gaflfron
indicated that this would be a change to the comprehensive plan requiring a
comprehensive plan amendment. Goetten said if the issue ^e to that point, there
should be a public hearing hdd to forewarn people of possible changes. Gaflfron
acknowledged that the people who understand the comprehensive plan would not expect
the road widths to change.
Flint said the road conditions should be kept up. KeUey added that the costs should be
kept down.
(#13) SCHEDULE LAND USE AND SEWER ISSUES WORK SESSION
In response to a question by Jabbour, Barrett said he would present the Council with a
letter regarding his viewpoint of whether the City may maintain two acre lot sizes.
The Work Sesdon was scheduled for Wednesday, August 13, at 8.00 a.m.
(#14) SCHEDULE TIF COUNCIL WORK SESSION
The Work Session was scheduled for Wednesday, August 13, at 9:00 a.m.
(#15) SCHEDULE BUDGET WORK SESSION
The Work Session was scheduled for Wednesday, July 22, at 8:00 a m.
(#16) JOINT MPRS CITIES MINORITY RECRUITMENT AND B
RESOLUTION NO. 3929
IK4)
Kelley asked Barrett's opimon whether the Council should approve the resolution.
Barrett concluded that the CouncU should proceed with the resolution. He suggested if
the Council had any questions regardmg the resolution, they should be addressed during
the Executive Session and table the item.
Goetten moved. Kelley seconded, to adopt Resolution No. 3929 authorizing participation
in cooperative minority recrntment activities of the Minnesota Police Recruitment
System. Vote. Ayes 5, Na*/s 0.
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I^nNUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JULY 14,1997
(#17) SECOND QUARTER REVENUE AND EXPENDITURE REPORT
(INFORMATION ONLY)
This item was presented for information only. No discussion was held or action taken.
CITY ATTORNEY’S REPORT
(#18) REQUEST FOR EXECUTIVE SESSION
City Attorney Barrett requested adyoumment to Executive Sesnon.
(*#19) LICENSES
Goetten moved, Peterson seconded, to approve the folloin^ license with a vote of Ayes
5, Nays 0:
Garbage & Refuse Collector's License Westonka Sanitation
3146 Island View Drive
Mound
(*#20) BILLS
Goetten moved, Peterson seconded, to approve payment of the All Funds Account.
Vote: Ayes 5, Nays 0.
ADJOURNMENT
The meeting was adjourned to Executive Session at 10:10 p.m.
Gabriel Jabbour, Mayor
ATTEST:
Dorothy M. Hallin, City Clerk
<^OUm
JUl
REQUEST FOR COUNCIL ACTION
^7^(9
^997
DATE; July 23, 1
ITEM NO.:
:f9M>
Department Approval:
Name Michael P. Gaffiron
Title Assistant Planning & Zoning Administrator
Adminbtrator Reviewed:Agenda Section:
Zoning
Item Description: #2187 Donald and Robin Helgager, 3265 Sixth Avenue North
Variances - Resolution ______
Znning District: RR-IB Single Family Rural Residential, 2 Acre, Unsewered
Application: Applicants have withdrawn their proposal for constructing a guest apartment, and
have revised their current application. The new proposal is for construction on
the footprint that was approved in June 1996 per Resolution No. 3737, but with
the addition of second story over the attached garage addition. This places
additional bulk of structure encroaching the 30' side setback, hence the need for
this additional variance review.
List of Exhibits
A - Resolution
B - Notice of Planning Commission Action 7/23/97
C - Memo and Exhibits of July 16, 1997
Summary of Application
Please review the memo and exhibits of July 16. Briefly, in 1996 applicants received approval
for a side setback variance to allow the construction of a new attached garage and single story
room additions 5' from the east side lot line where the required side setback is 30'. The 1996
s^jproval also granted a variance to allow the additions to be located 140 from Lake Classen
where a 150' setback is required, justified on the basis that the application required removal
of the existing detached garage which encroaches within 123' of the OHWL. The 1996
approval also granted an average lakeshore setback variance, justified on the basis that removal
of the existing garage and subsequent construction of the new attached garage and room
additions would result in less encroachment of the average lakeshore setback than currently
exists, with the likelihood of additional views of the lake opened up to the easterly neighboring
property owner as a result.
The proposed plans include no apparent revisions to the envelope of the existing portions of
house within the 50' street setback, hence no street setback variance is required.
1
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Request for Council Action continued
Page 2
July 23, 1997
Zoning File #2187
Planning Commission Recommendation
Planning Commission reviewed this revised request at their July 21 meeting, and on a vote of
6 to 0 recommended approval of the new plan including second story living space above the
previously approved garage and utility area. Planning Commission's recommendation was based
on the same general findings that were used to justify the prior variance in 1996 (see
Resolution No. 3737), with the additional finding that the second story addition within the 30'
side setback as proposed will have no more impact on the neighboring properties' views of the
lake and no more impact on density within the neighborhood than the originally approved
additions. Planning Contunission reconfirmed the findings of Resolution No. 3737, noting that
this case is unique because the applicants have no options for home expansion without
encroaching on a required setback or yard area, and the proposed side setback encroachment
is more appropriate than encroaching the lake setback or the front setback.
Staff Recommendation
Staff recommends approval per the Planning Commission recommendation. A resolution for
Council consideration is attached.
COUNCIL ACTION REQUESTED:
Adopt the attached resolution.
PROPOSED MOTION: Moved by , seconded by ___, to adopt Resolution No.
, granting side setback, average lakeshore setback and lakeshore setback variances for
construction of additions to the residence at 3265 Sixth Avenue North for Donald and Robin
Helgager. Vote: • ayes,____nays.
A
I
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTIONS 10.22, SUBDIVISION 1, 10.28, SUBDIVISION 5(B)
AND 10.56, SUBDIVISION 16(C)
FILE #2187
WHEREAS, Donald and Robin Helgager, husband and wife, (hereinafter "the
applicants") are owners of the property located at 3265 Sixth Avenue North within the City of
Orono (hereinafter "City") and legally described as follows:
The west 327 feet of the east 542 feet of that part of Government Lot 1, lying south
of the road, Section 29, Township 118 North, Range 23 West of the 5th Principal
Meridian, Hennepin County, Minnesota (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.28, Subdivision 5(B) to dlow a 5' side setback for construction of a
new attached garage and room additions, where the required side setback is 30', and a variance
to Sections 10.22, Subdivision 1 and 10.56, Subdivision 16(C-6) to allow said additions to
encroach the average lakeshore setback where no encroachment is normally allowed, and a
variance to Section 10.56, Subdivision 16(C) to allow new structure to be located 140' from
Lake Classen, a Natural Environment Lake, where a 150' structure setback is normally required.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #2187.
2. The property is located in the RR-IB, Single Family Rural Residential Zoning
District.
Page 1 of 6
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3.The Orono Planning Commission reviewed this application on July 21, 1997 and
recommended approval of the proposed variances on a vote of 6 to 0 based upon
the following findings:
A. Since all proposed additions meet the 50' street setback, no street setback
variance is required.
B.The location of the proposed additions to the east of the existing house
and as near as 5' to the east side lot line is appropriate based on the
following unique findings:
1.Additions of the same magnitude as those proposed could not be
located elsewhere on the property without encroaching the 50'
required street setback or the 150' required lakeshore setback.
2.While the property is approximately 1.5 acres in dry buildable
area above of Ae OHWL of Lake Classen, the buildable envelope
due to the required setbacks is only 1,800 s.f.
3.If additions were constructed to the southwest or south of the
house, they would eliminate the existing flat back yard area,
resulting in a steep slope directly behind the house. Given the
proximity of County Road 6, it would be appropriate to retain a
usable yard on the south side of the house.
4.Topography is generally sloping towards the applicants' property,
hence any additional drainage near the lot line caused by the
proposed additions will only impact the applicants, not the
neighboring property owner.
5.The proposed proximity to the lot line may have a negative
impact on existing screening between applicants' house and the
neighboring house to the east, however the neighboring property
owner has indicated this is not a concern.
Page 2 of 6
4.
5.
C.
D.
6.A sMIar variance was approved for this property on June 24
between to
4Stohe“l-H*‘ proposal is to the additions encroaching
within the side yard will now be two stories in height insteadTf
one s oiy m height. Planning Commission finds that this change
in hei^t to no additional impact on views of the lake enjoyfd
by neighbomg property owner, and will have no significmt
impact on visual density in the neighborhood.
toe 2k defined as (lake setback of the neighbonng house to the east since the neiohiv.r;,
property to the west is nearly one^uarter Hi^!
the. iicignoonng nouse to the east since the
2v^f to eT." ron'iitotX'Satta u A existing garage and subsequent construction of a new
attached garage room additions, and second story, will result in less
encroachment of the average lakeshore setback than currently existe 'Z
Thrnlid?br “^^"* approximately 90*, and this will rLuce to ^
The neighbonng property will have no additional views encroached bv
o%^rri“
a4en“‘m* “>=roaches within 123’ of to OHWL of Lake
whTch wire2c?^I"l'®"''’''® additionsmen will encroach only as near as 140 ’ from Lake Classen is a
by the applicants and the effv* ^ f *h reports by City staff, comments
an^d weSTtotnIlLto;®'
^’d^ros on *is property are peculiar
Page 3 of 6
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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants a variance
to Municipal Zoning Code Section 10.28, Subdivision 5(B) to allow a 5' side setback where
a 30' side setback is normally required, and grants variances to Section 10.22, Subdivision 1
and Section 10.56, Subdivision 16(C-6) to allow a 75 ’ encroachment of the average lakeshore
setback where no encroachment is normally allowed, and grants a variance to Section 10.56,
Subdivision 16 (C) to allow a 140 ’ setback from the OHWL of Lake Classen where a 150 ’
setback is normally required, subject to the following conditions:
1. Applicants shall adhere to the proposed plans as revised and submitted with
Application #2187.
2. The existing detached garage structure shall be removed prior to final inspection
of the new additions.
3.
4.
5.
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 (July 28, 1998).
Violation of or non-compliance with any of the terms and conditions of this
resolution shall constitute a violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a
misdemeanor.
The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and
assigns, hereby agree to the recording of this resolution in the chain of title of
the property.
Page 4 of 6
Adopted by the Orono City Council on this 28th day of July, 1997.
ATTEST:
Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor
Property Owner(s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instru: lent was acknowledged before me on this 28th day of July,
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
^ I
• ‘
1 ;
Page 5 of 6
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 199__ before me a Notary Public within
and for said county, personaUy appeared
known to me to be the person(s) described in and who executed the foregoing instniment.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 PUBUC
.
t i
Page 6 of 6
CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
TO: Donald and Robin Helgager
3265 Sixth Avenue North
Long Lake, MN 55356
TYPE OF APPLICATION: Variances
ZONING FILE #2187
NOTICE OF PLANNING COMMISSION
ACTION
DATE OF NOTICE: July 23, 1997
COPIES: Neil Heupel
Gluts, O'Brien, Strother Architects
7520 Market Place Drive
Eden Prairie, MN 55344
VOTE: 6 FOR 0 AGAINSTDATE OF MEETING: 07/21/97
Planning Commission recommends the following:
Approval as submitted, per the conditions of the approval granted in Resolution #3737.
NOTES AND SPECIAL CONDITIONS:
Applicant's next scheduled meeting is confirmed as:
City Council, Monday, July 28, 1997; meeting starts at 7:00 p.m.
If you desire certified copies of the official Planning Commission minutes, they are available
from the City Recorder after review and approval by the Planning Commission.
Chair Lindquist and Orono Planning Commission Members
Ron Moorse, City Administrator
From:Michael P. Gaffron, Assistant Planning & Zoning Administrator
Date:July 16, 1997
Subject:#2187 Donald and Robin Helgager, 3265 Sixth Avenue North - Variances
Continuation of Public Hearing - Plan Revisions
Zoning District: RR-IB, Single Family Rural Residential, 2 Acre, (Jnsewered
Application: Applicants have withdrawn their proposal for constructing a guest apartment, and
have revised their current application. The new proposal is for construction on
the footprint that was eqjproved in June 1996 (Resolution No. 3737) but with the
addition of a second story over the attached garage addition. This plates
additional bulk of structure encroaching the 30' side setback, hence the need for
this additional variance review.
List of Exhibits
A - Architect’s Letter of Request
B - Survey/Site Plan/Revised Building Plans
C - Building Plan Approved in June 1996
D - Resolution No. 3737
E - Planning Commission Minutes 11/18/96, 1/21/97, 2/18/97
F - Council Minutes 3/10/97
G - 60-day review Period Waiver 3/11/97
H - Notice of Council Action 3/14/97
Discussion
The 1996 approval included a side setback variance to allow the construction of a new attached
garage and room additions 5' from the east side lot line where the required side setback is 30'.
The existing house is 27.3* from that side lot line, and the existing garage (to be removed) is
6.8* from the lot line.
The 1996 approval also granted a variance to the 150' Natural Environment Lake setback to
allow the additions to be located 140* from Lake Classen. The justification for this variance
was removal of the existing detached garage which encroaches within 123' of the OHWL.
The 1996 approval also granted an average lakeshore setback variance, justified on the basis
that the removal of the existing garage and subsequent construction of the new attached garage
and room additions would result in less encroachment of the average lakeshore setback than
currently exists, with the likelihood of additional views of the lake opened up to the easterly
:i
Zoning File #2187
July 16.1997
Page 2
neighboring property owner as a result.
HardshipsA^ariance JustificationHardships/variauv* ----------
Planning Commission should review the fm^a “”*‘^“J^^“°rigi'„ally, was the
» the primary justifieation for granny test „r1outh sides of the house vrithout
inability to construct lakeshore setback requireinents. mle tbs
significant variances to the street setb ^ buildable) in the 2 acre zone, the
nrooertv is somewhat substandard in acreage ^ ^ Planning Commission
tUs leave a buildable envebpe of ^ side
cotluded that it would he jneet setback or lakeshore setback. Since the
ss X «^i«» “
expand into a required setback.expand into a requireu • i
The difference between the variances f aSn“’’some minor room
may“ 'signif.canOy greater than that which was ongina y
approved.
Zig commission should consider the stand..rtl criteria for determining undue hardship in
reviewing this request.tms request.
is for its current residential use.is Jor Its currvru ------------
Is the plight of the landowner diK to Ze!^h!d°Z^age were
created by the landotvner? The a g h ^ „cenl code
coostrucled prior lo ‘ Mldable envelope of this property.
chartge which has hod stgntficarti rniw th^ requirements, any
.. . __ _f eu.. Wnlitv? The R1
additions --------- ^ ■ rr IB
Will the variance, if granted. 2 acre zone
//jpi<P/vyr b
Zoning File #2187
July 16,1997
Page 3
applicant's residence and 65' from the detached garage. The separation between
the neighboring residence and applicant's proposed residence would be
approximately 58'.
Do the conditions apply generally to other land or structures in the district in which
the property is located? All lots in the RR-IB zoning district are required to meet
the 30' side setback, and all lakeshore lots are required to meet the average
lakeshore setback as well as defined lake setback.
Is the granting of the variance request necessary for the preservation and enjoyment
of the substantial property right of the applicants? The applicants have indicated
the need for additional living space, which cannot reasonably be obtained without
a variance to one or more setback requirements.
Will the granung of the variance merely serve as a convenience to the applicants
or is it nev? v>c?o to alleviate demonstrable hardship or difficulty? While the
variance w;(7 be a convenience for the applicants by allowing expansion of their
residencf fropi )sed, no Junctional additions would be possible without a variance.
"Economic ct . .{derations alone shall not constitute an undue hardship if reasonable
use for the property exists under the terms of the zoning code". The need for
variances is based on the property layout and not based on financial considerations.
Issues for Consideration
1.
2.
Is it appropriate based on the facts and hardships presented to allow a 2-story structure
with 5' side setback in the 2 acre zone? Since the City granted a variance in 1996 for
a one story addition encroaching the side yard, is the proposed two story addition
appropriate in light of the justifications previously used for the one story encroachment?
Does Planning Commission have any other concerns regarding the average lakeshore
setback or lakeshore setback variance request?
Staff Recommendation
If Planning Commission concludes that the two story addition located 5' from the lot line is
justified, then a recommendation for variance approval would be appropriate. Planning
Commission may wish to incorporate the findings and conditions of ilcsolution No. 3737 into
any approval recommendation, including removal of the existing detached garage structure prior
to final insnert’on of the new additions.
Zoning File #2187
July 16,1997
Page 4
Options for Action
1. Recommend approval as proposed.
2. Recommend approval with additional specific conditions.
3. Table for further information (specify).
4. Recoinmend denial (state reasons).
5. Other.
Isv
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June 26,1997
Orono Planning Commission
CITY OF ORONO
PO Box 66
Crystal Bay, MN 55323
RE: Helgager Residential Remodeling
Dear Commissioners,
setback encroachments remain the same.
Since the addition of the guest apartment addition could not be resolved to the satisfaction of all
parties, it is our desire to gain some of this square footage by putting it over the addition
approved earlier. If you have any questions, please contact my office.
Respectfully,
CLVTSy O'BRIEN, STROTHER ARCHITECTS
7520 Market Place Drive Eden Prairie Minnesota 55344 Phone: 612/941-4822
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CSHO
GITYof ORONO
RESOLUTION OF THE CITY COUNCIL
NO. S 7 8 7
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTIONS 10.22, SUBDIVISION 1, 10.28; SUBDIVISION 5(B);
AND 10.56, SUBDIVISION 16(C)
FILE #2145
WHEREAS, Donald Helgager and Robin Helgager, husband and \vife,
(hereinafter "the applicants") are owners of the property located at 3265 6th Avenue North
within the City of Orono (hereinafter "City") and legally described as follows:
The west 327 feet of the east 542 feet of that part of Government Lot 1, lying south
of the road, Section 29, Township 118 North, Range 23 West of the 5th Principal
Meridian, Hennepin County, Minnesota (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.28, Subdivision 5(B) to allow a 5' side setback for construction of a
new attached garage and room additions, where the required side setback is 30', and a variance
to Sections 10.22, Subdivision 1 and 10.56, Subdivision 16(C-6) to allow said additions to
encroach the average lakeshore setback where no encroachment is normally allowed, and a
variance to Section 10.56, Subdivision 16(C) to allow new structure to be located 140' from
Lake Classen, a Natural Environment Lake, where a 150' structure setback is normally required.
Minnesota:
1.
2.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
This application was reviewed as Zoning File #2145.
The property is located in the RR-IB, Single Family Rural Residential Zoning
District.
TRANSFER ENTERED
HB.'N£PIN COUNTY TAXPAYER SERVlCeS
Page 1 of 6
CITY of ORONO
RESOLUTION OETHEOITY COUNCIL
NO. 8 7 37
3.The Orono Planning Commission reviewed this application on June 17, 1996 and
recommended approval of the proposed vaiiances on a \ ote of 7 to 0 based upon
the following findings:
A. Since all proposed additions meet the 50' street setback, :io st. jet setback
variance is required.
B.The location of the proposed additions to the east of the existing house
and as near as 5' to the east side lot line is appropriate based on the
following unique findings:
1. Additions of the same magnitude as those proposed could not be
located elsewhere on the property without encroaching the 50'
required street setback or the 150' required lakeshore setback.
2. While the property is approximately 1.5 acres in dry buildable
area above of tlie OHWL of Lake Classen, the buildable envelope
due to the required setbacks is only 1,800 s.f.
3.
4.
5.
If additions were constructed to the southwest or south of the
house, they would eliminate the existing flat back yard area,
resulting in a steep slope directly behind the house. Given the
proximity of County Road 6, it would be appropriate to retain a
usable yard on the south side of the house.
Topography is generally sloping towards the applicants' property,
hence any additional drainage near the lot line caused by the
proposed additions wdil only impact the applicants, not the
neighboring property owner.
The proposed proximity to the lot line may have a negative
impact on existing screening between applicants' house and the
neighboring house to the east, however the neighboring property
owner has indicated this is not a concern.
Page 2 of 6
4.
5.
D The existing garage encroaches wthin 123' of the OHWL of
■ Slssen. the proposal to remove Utat garage and constmct
which will encroach only as near as 140 from Lake ^
positive improvement to the conformity of the property m rela
setback from Lake Classen.
The City Council has considered this application including the
^e'ron^nldations of the Planning Commission, reports
by the applicants and the effect of the proposed variance on the health, sal y
and welfare of the community.
The City Council finds that the conditions existing on this property are peculiM
m it a?d do not apply generally to other property in
granting the variance would not aoveisely afiect traftic coaoitioiis, i g , ■ •
TOse ahire hazard or other danger to neighboring property; would n°' ^
L“e as a convenience to the applicants, but is necessary to a^te a
demonstrable hardship or difficulty; is L sph rand
property right of the applicants; and would be m keeping w th spin
intent of the Zoning Code and Comprehensive Plan of the Cit>.
Pase 3 of 6
CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 8 7 a y
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants a variance
to Municipal Zoning Code Section 10.13, Subdivision 5(B) to allow a 5' side setback where
a 30* side setback is normally required, and grants variances to Section 10.22, Subdivision 1
and Section’10.56, Subdivision t6(C-6) to allow a 75' encroachment of the average lakeshorc
setback where no encroachment is normally allowed, and grants a variance to Section 10.56,
Subdivision 16 (C) to allow a 140’ setback from the OHWL of Lake Classen where a 150'
setback is normally required, subject to the following conditions:
1. Applicants shall adhere to the proposed plans submitted with Application #2145
2. The existing detached garage structure shall be removed prior to final inspection
of the new additions.
3.Authorities granted by this variance run with the property not with the
applicants, but are permissive only and must be exercised by application for a
building permit within one year of the date of Council approval, or this variance
will expire on that date (June 24, 1997).
4.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.
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 4 of 6
i I
CITY of ORONOJ
(5^.6'
RESOLUTION OF THE CITY COUNCIL
«n 8 7 8 7___
V-'-
Adopted by the Orono City Council on this 24th day of June, 1996.
•. V
y^6thyl^a]Piiy^^ Clerk
\V '- *4^ iX%/ -.S^ iYr.
Edw^dJ. C^an, Jr., Mayor/
.. W , cV •. J *!:
-••/. V'^ v ”)7‘ 'v /^A-a ^;
Property Ownerl
’
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
H,e foregoing instrument ssus acknow.edged before me on tWs 24th day of June
Orono, a Minnesota municipal corporation ana saia insumu
City.
f^25r?388
i
ublic
JAMIE L BOSMA
NOTARY PU6UC-MINNES0TA
HENNEPIN COUNTY
My Commission Expires Jan. 31,2000
Page 5 of 6
r
f r /T
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO 3 7 87 _
STATE OF MINNESOTA )
) 5S.
COUNTY OF HENNEPIN )
On this 1 ^ day of r\>-£Oo-
ai^ai
V________, 199^ before me a Notary Public witWi^ . .
and for said county, personally aj^ared \')^,tALO*n tJ: Ib/AdMAj^ y^rrUAfuJU^ fc x^i^LcjL/
known to me to be the person(s) descj ibed in and who executed the f^i^^oing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
■' JAMIE LBOSMA K
N0WBYPUBUC4UNNESO1A I* WkrSif HENNEPW COUHIY ^
MyConnlssion bpkes JkiSI.2000
1 h JLJL. ^
notary public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this____day of___, 199 before me a Notary Public within
and for said county, personally appeared
known to me to be the person(s) described in and who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this____day of___, 199 before me a Notary Public within
and for said county, personally appeared
known to me to be the person(s) described in and who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
NOTARY PUBLIC
Page 6 of 6
MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON NO VEMBER 18, 1996 C-'
(#2 - #2180 Peggy and Frank Pichelman - Continued)
Lindquist suggested an outer limit be established for hardcover. He said he is not
comfortable setting a precedent of allowing 41% hardcover. Stoddard agreed asking that
hardcover be maintained in the 30% range. The Planning Commission set a upper limit of
35-36% hardcover. Pichelman noted that the structural coverage was reduced by the
amended plan from 18% to 17.1%. Mabusth noted the different hardcover calculations
that exist and that were proposed. The Pichelmans indicated with a hardcover range, they
could work with their plan to decrease the size while still meeting the setbacks. Berg
suggested 38-39%. Mabusth asked that the applicant prepare an amended plan with
reduction in hardcover in the 75-250’ setback.
Stoddard moved, Berg seconded, to approve Application #2180 contingent on receipt of
an amended plan received by Staff prior to the Council review with hardcover maintained
at 38-39% in the 75-250' setback zone Vote: Ayes 5, Nays 0.
(Planning Commissioner Stoddard left the meeting after agenda items 1 and 2.)
(#3) #2187 DONALD AND ROBIN HELGAGER, 3265 SDCTH AVENUE NORTH -
VARIANCES/CONDITIONAL USE PERMIT - PUBLIC HEARING 8:32-8:54
P.M.
The Affidavit of Publication and Certificate of Mailing were noted.
The Applicant was present along with Architect, Neil Heupel.
Gafffon reported that the applicant received approval in June, 1996, for removal of a
garage and construction of an attached garage to the residence within 5' of the side lot
line. The addition was not constructed, and the applicant is now requesting approval of
another application. Gafffon noted that the property in question is located on Lake
Classen, a Natural Environment Lake, requiring a 150' setback.
r
MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON NOVEMBER 18,1996
(#3 - #2187 Donald and Robin Helgager - Continued)
The current proposal calls for the removal of the garage, one small addition, and another
large addition to the west side of the residence. The proposal would result in a 32'
encroachment in the right-of-way, a 24' encroachment of the lakeshore setback, a 5' side
setback variance, and encroachment of the average lakeshore setback. The neighboring
residence to the east would define the avei age lakeshore setback. The encroachment of
the right-of-,vay is considered extreme in comparison to any other properties on CoRd 6.
The lakeshore setback is similar to what was proposed with the origin^ application but
with added bulk. Gafi&on noted that the east side setback variance was approved in June
with the finding that it would be difficult to build to the west. Yet this proposal calls for
the addition to be to the west of the residence. Also included in the improvement is a
proposed guest apartment to accommodate a mother-in-law living at the residence, which
requires a CUP. The proposed constructions appears to have addressed the specific issu es
of being within the principal residence structure, use for a relative, and a single common
entiyway serving the entire structure with the exception of additional accesses to the
decks and garage spaces. Parking will be provided by a two-stall garage on the east end
of the house replacing the existing garage and a third separate stall at the northwest end of
the house to serve the apartment use. The plumbing will share the existing septic system
mstalled in 1988 to serve a 4-bedroom home. The residence will still have 4 bedrooms but
will be larger in size. The septic inspector has reported that there is apparently no
alternate drainfield site on the property. Borings were taken but no alternate site was
found.
Helgager reported that their plans were changed after receiving approval for the initial
proposal in June due to his mother-in-law's plans to move into their residence. This '•
proposal is an attempt to accommodate her and her needs. Helgager noted that a single
level home is desirable as she is getting older. He understands that the home is close to
the road and would like to accommodate the concerns for screening. He noted the
building envelope to be about 1800 s.f Helgager indicated that the current home would
not meet the setback standards. He said he attempted to balance the distance between the
lake and the roadway after hearing the discussions fi’om the previous proposal.
Heupel addressed the issue of building to the west of the addition. He noted that the
problem was not being able to build to the west but the approach to the garage would
have required changing, and it had been their desire to maintain the approach from CoRd
Hawn said she felt with sophisticated landscaping and removal of fence and dead trees,
evergreens and other screening could be done. She did feel the residence was too close to
the well noting a 2' separation where 3' is required.
minutes of the orono planning commission
MEETING HELD ON NOVEMBER 18,1996
(#3 - #2187 Donald and Robin Helgager - Continued)
Lindquist asked the applicant if the garage on the front side of the house was necessary.
Helgager said the intent was to provide a garage for his mother-in-law so she does not
have to walk through the entire house to gain access to her accommodations. Heupei also
added that this garage addition would be at the same level as the slab and would not
reqmre stairs as would be the case with the other ga’-age. Lindquist said he understood
the need but noted the elimination of the garage would aid the problem of setback.
There were no public comments
McMiUan asked if the conditional use permit for guest house would be reviewed
periodically. It was noted that the CUP requires no annual review and stays with the
house with restrictions as required. Gaffron reported that if the Commission
recommended periodical reviews, it could be written to only apply to this owner, if
desired.
Lindquist inquired about the lack of alternate septic site. GaflBron reported that the
oropertv is not close to sewer and the problem would remain the same with the number of
bedrooms if there is no alternate site. Lindquist agreed but no«^i that the house size was
doubling with the improvements as proposed.
Helgager responded that he understood the septic issue but sav^ « as a distance in the
future with the ability to go to a mound system if necessary. Helgager added that he was
informed the life expectancy of a mound system is o years and could be replaced to an ^
alternate site postponing replacement for 30 years. Lindquist was concerned that the
potential problem would only be prolonged. Gaffron said it was not the City's expenerice
that a mound system would only last 15 years, but probably twice that tirne. He noted the
pump or rock bed of the system may have to be replaced at some po-nt. G^on reported
that the vast majority of new systems were of the mound type due to the wils and seasonal
water tables. A maxiuium slope of 6% is required for a mound system which is a problem
with the many steep lots in Orono.
Lindquist asked if the applicant could make the home smaller in size. Helgager asked for
some guideline.
Berg asked and received confirmation that there would be a fell basement under the
residence. Notii.^ ihe 2200 s.f. on the main level, Berg said it is an extensive sire
considering having the main level and basement.
Hawn suggested that the home not be extended forward of what currently exists.
Lindquist suggested removal of the single garage addition and a reduction in the house
size.
I
k
r
MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON NOVEMBER 18, 1996
(#3 - #2187 Donald and Robin Helgager - Continued)
Berg suggested moving the garage back to the line of the house. She said she would be in
support of the garage if h was moved and saw the garage location as the most logical site.
TWs suggestion would result in a reduction in the footprint and attachment of the garage
at the same side as proposed.
Lindquist moved, Berg seconded, to table Application #2187 for further review. Vote:
Ayes 4, Nays 0.
(#4) #2188 MARY K. RICE, 1570 NORTH ARM DRIVE - VARIANCES - PUBLIC
HEARING 8:54-8:59 P.M.
%
The Affidavit of Publication and Certificate of Mailing were noted.
The Applicant was present.
Mabusth indicated that the property is located along the "S" curve of North Arm Drive
and consists of6,883 s.f Tiie application presents two options involving an attached
single stall garage with upper level deck (Option 1) or a detached garage located in the
south side yard (Option 2). Both options involve street setback variances of 2’ or 3'.
Structural coverage would not be e.Kceeded by either option. Hardcover within the 250-
500' setback area would increase from 23.9% to either 25.6% for Option 1 or 30% for
Option 2. A 10'xl6' deck also exists along the south side of the residence.
Mabusth noted that Staff prefers Option 1 as the topography slopes to the east and woSld
have the minimal impact on areas of existing plantings. The applicant said Option 1 was
also her preference.
There were no public comments.
Hawn inquired as to how the residence was entered. Rice said the residence can be
entered from either the deck or the basement. Mabusth noted that the access to the front
of the residence was removed.
Berg moved, McMillan seconded, to approve Application #2188, Option 1, for a 2' street
setback variance. Vote: Ayes 4, Nays 0.
(#5) #2189 STONEGATE FARM, INC, 2940 SIXTH AVENUE NORTH -
CONDITIONAL USE PERMIT - PUBLIC HEARING - APPLICANT
WITHDRAWN
•
The applicant withdrew this application prior to the meeting.
S OF THE ORONO PLANNING COMMISSION
MEETING HELD ON JANUARY 21, 1997
(#1 - #2201 Vacation of Ummproved Right-of-Way - Big Island^^ontinued)
The subdivision includes Lots ^^d 5 as lot line rearrangeirlent and the division of Lot 3
into three new lotsMabusth notetTHiat the existing lotpfrecord includes lots 4 and 5.
Lots 1 and 2 would be new lots.
There were no public comments.
Lindquist asked the applicant if he had i^d StalfKrecommendations 1-8 for the subdivision
and 1-4 for the guest house CUP amHs in concurrence with those findings. The applicant
said he was noting the need to wodc out the details reading #7 (road improvements).
Lindquist moved, McMillap^onded, to approve Applicatibn #2204 with Staff
recommendations #1-8, Wnereby #7 pertaining to width would^ reviewed with Staff and
En^neer, and with Sjaff recommendations 1-4 for the guest housbsCUP.
/
Mabusth repoi^ed that the application would be presented to the Counctk^t their January
27 meeting.
Vote: Ayes 5, Nays 0.
ACTION ITEMS
(#3) #2187 DONALD AND ROBIN HELGAGER, 3265 SIXTH AVENUE NORTH -
VARIANCES - CONDITIONAL USE PERMIT - CONTINUATION OF PUBLIC
HEARING 8:02-8:25 P.M.
The Applicant was present along with Architect, Neil Heupel.
Gaflfron reported that the application for a guest apartment was reviewed by the
Commission at their November meeting. The applicant was asked to revise the plans to
address the concerns brought forward. The street setback was reduced to be consistent
with the existing house. The setback was originally proposed at 17* although 50' is
required. The setback currently proposed is 24’. The single stall attached garage remans
adjacent to the entry to the guest house in the proposed plan. Changes were made to the
floor plan to straighten a line where the garage extended. The required setback from Lake
Classen is 150’ and the proposed is 126’. The east side setback is proposed at 5’ and 30’ is
required. The east side setback had been discussed in an earlier review which did not
include the guest house. The average lakeshore setback was reduced from 90’ to 80’ to
provide easterly views for the house.
\
• ^
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MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON JANUARY 21. 1997
(#3 - #2187 Donald and Robin Helgager - Continued)
Gafiron reported the issues for discussion include whether or not the single stall garage is
necessary considering the proximity of the large structure to CoRd 6. He suggested the
location of the garage may possibly be reconfigured by pivoting the garage and eliminating
the staircase. Gafifron stated that the DNR felt the hardship noted for the setback to the
lake was self-created. He asked the Commission to consider whether there are suitable
hardships for granting the east side setback variance given the magnitude of the additions
to the west. He asked the Commission to consider whether the guest house design will
function as a separate entity or part of the principal residence. Gaf&on noted that the
guest house does clearly share the main entrance to the house. He did question whether
the separate garage stall gives the appearance of two separate dwellings rather than that of
a single fomily residence. He also asked if the Commission had specific concerns
regarding the lack of an alternate drainfield site.
Heupel reported that the design of the house was pulled back on the lot in response to the
suggestion by the Commission.
McMillan asked if the site was too steep for a mound system as an alternate for the septic.
Gaf&on said the concern was over disturbed soils as well as the steep topography.
McMillan also inquired if the great room exists as shown on the plan. She was informed
that the family room, hall, great room, and kitchen will remain the same. She inquired
about landscaping plans. Heupel said the landscaping would be the same as that shown in
the original plans.
Lindquist asked if the single stall garage could be eliminated. Heupel said moving the
garage would affect the well.
McMillan inquired about the well. Gafiron noted that the new plans solve the well
location problem. McMillan said she would be in favor of ihe plan with a detailed
landscaping plan included.
Smith was not in favor of the garage as located. She asked if the garage is of importance
that it be pulled back from the roadway.
Hawn asked if the well could be relocated. The applicant said he does not wish to make
any further changes to the well.
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MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON JANUARY 21, 1997
(#3 - #2187 Donald and Robin Helgager - Continued)
Helgager said he understands why guest house requirements prohibit more than one main
entrance. He noted that prior to remodeling, it had been difficult to know where the
primary entrance to the home was located. Helgager said the location of the single stall
garage is to enable the user of the guest house entry to the interior without having to w^k
through the entire house. Smith suggested moving the garage location from the front of
the house so it would not protrude. Heupel brought the Commission's attention to the
steep topography of the property. Hawn inquired if the access from CoRd 6 could be
moved further west. Gaffi-on did not believe this would solve the problem. Helgager also
said it would increase hardcover. Lindquist reported his problem with the plan had to do
with the garage and not location to the lake side.
There were no public comments.
The appUcant was informed that the Planning Commission’s objection to the plan was the
garage. Helgager asked if it was the additional garage or the garage location to the road.
Hawn said she had a problem with both noting that she would prefer less garage area
farther from the road. Smith said she was concerned about the design of two distinct
living areas. She felt it would encourage the establishment of two residences in the future.
Lindquist indicated his concern about the proximity of the garage to the road. Schroeder
was concerned about the future creation of two units and the proximity of the garage to
the road. McMillan noted there is limited area to resolve the issues and questioned
whether some square footage of living space should be eliminated to accommodate the
third garage. She does not wish to see any further encroachment to the lake side and sees
the lake as a bigger concern than that of CoRd 6.
At the applicant’s request. Smith moved. Schroeder seconded, to table Application #2187
to allow the applicant to review the plans. Vote! Ayes 5, Nays 0.
(#4) #2195 GENMAR INDUSTRIES, INC., 1449 SHORELINE DRIVE -
COMMERCIAL SITE PLANA^ARIANCES - CONTINUATION OF PUBUC
HEARING 8:25-9:29 P.M.
The Applicant was represented by Mary McConnell and Jeff Melby. The site operator
was also present.
8
ORONO PLANNING COMMISSION MEETING
MINUTES FOR FEBRUARY 18,1997 ^^3
ROLL
The Orono Planning Commission met on the above date with the following members
oresenf Chair Dale Lindquist, Charles Schroeder, Sandra Smith, Elizabeth Hawn,
William Stoddard, and Lili McMillan. Janice Berg was absent. The following represented
the City Staff: Assistant Zoning and Planning Administrator Michael Gaffron, City
Planner Elizabeth Van Zoraeren, PubUc Services Director Greg Gappa, and Recorder
Sherry Frost. Mayor Jabbour and Council Member Goetten were present. Chair
Lindquist called the meeting to order at 7:00 p.m.
ACTION ITEMS
im #2187 DONALD AND ROBIN HELGAGER, 3265 SKTH AVENUE NORTH -
VA^^CES/CONDinONAL USE PERMIT - CONTINUATION OF PUBLIC
HEARING 7:02-7:14 P.M.
The Applicant was represented by Neil Heupel.
Gafh-on reported that the application had been tabled at the January meeting at the request
of the applicant. The applicant has made no changes and is asking for action by the
Planning Commission in order to move the application on to the Council. Gaffron
reviewed the original and revised application plans previously presented. The stmrture
was originally IT from CoRd 6 and increased to 24'. The variances required include street
setback 150' lakeshore setback, and an average lakeshore setback, though the
encroachment has been reduced. A conditional use permit is required for the guesthouse
use.
Smith asked the representative why the applicant has asked to move forward with the
application knowing the opinions of the Planning Commissioners. Heupel said the
created the single emry requirca unuci me ivi --------------
be willing to screen the house from the roadway with landscape plantings as suggest^
previously by McMillan. Heupel noted the plan also meets the requirements or t e
regarding a separate kitchen and use of same well and septic for the entire residence. He
reiterated the desire for the applicant and guest to have separate garage spaces.
Smith noted while the entiy into the residence is the same, it does not directly enter the
family room as stated but is separated by doorways.
Hawn smd she would prefer a design with the three garage stalls together.
There were no public comments.
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MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON FEBRUARY 18, 1997
(#3 - #2187 Donald and Robin Helgager - Continued)
Schroeder inquired what the relevance was of including a list of other guesthouse uses in
the City. Ga^on said the applicant requested the list to see what has been constructed in
this area. Schroeder asked If there v/ere different situations involved. Gaffron said the
setback variance is unusual as well as the separation of the garages. Gaf&on said a
residence with guesthouse use with both attached garage and detached garage is requested
one or two times a year.
Smith moved, Hawn seconded, to deny Application #2187. Smith listed the setback
variances as the reasoning behind her motion. Lindquist noted the garage so near the
roadway as being a problem. McMillan felt while the current residence is a reasonable use
of the property, doubling the size of the residence was a self-created hardship and not
unique to the property. McMillan also said the variance would not be in keeping with the
essemial character of the locality.
Vote; Ayes 6, Nays 0.
(The meeting was recessed for one minute.)
SCHEDULED PUBLIC HEARINGS/PUBLIC INFORMATION REMEWS
(#1) 7:15 P.M. - #2211 ZONING AMENDMENT, CHAPTER 10, LAND USE
REGULATIONS (ZONING), MUNICIPAL CODE OF ORDINANCES, TO
DELETE ’’ANTENNA STRUCTURE” AS A CONDITIONAL USE m THE Bl,
B3, AND I DISTRICTS - PUBLIC HEARING 7:15-7:33 P.M.
The Affidavit of Publication and Certificate of Mailing were noted.
Van Zomeren reported that the application is for a zoning amendment to the ordinance
under which a moratorium was adopted in August, 1996, regarding telecommunication
towers. The moratorium was extended in December, 1996, and is due to expire on March
24,1997. Staff expects to present the amendment change to the Council at their March
10 meeting. The change involves deleting the terminology allowing antenna structures in
the B-1, B-3, and 1 Zoning Districts. If the telecommunications policy is approved, no
antenna structures can be requested in those zoning districts. Denial of the amendment
would allow such requests to be made.
Smith asked the reasoning behind the amendment. Van Zomeren said the concerns
involved aesthetics, setback requirements, and the rapid change in technology. Staff is
recommending co-locating antennas on water towers if needed.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON MARCH 10,1997
F
(#7 - #2202 County Road 15 Reconstruction - Continued)
Jabbour s^d he did not see the need to require t!.e mitigation in Orono as the sites in
Excelsior and Independence would benefit Orono. In regards to the potential concerns
with granting conditional approval prior to EAW completion. Radio informed Jabbour
that there might be no benefit in distinguishing between public and pnvate projects as a
private resident would say there is no difference.
It was recognized that the County will have 3-30 days, or between March 15 and April
15, to make their determination from the comment reporting end of March 12.
Jabbour moved, Peterson seconded, to continue the agenda item to a Special Council
Meeting to be held on April 1,1997 at 8:00 a.m. Vote: Ayes 5, Nays 0.
Settles asked Gaflfron to check for the information required by the Council.
Kellqr asked if an EAW would be required on CoRd 6 reconstruction project. The
County representatives will verify and report to Gaffron.
Radio said the County is put on notice that the EAW approval would be required to
obtain the permit.
(#8) #2206 ELAINE AND STEVE SILUS, 3235 CASCO CIRCLE - VARIANCE -
RESOLUTION NO. 3851
Silus asked for clarification of #1 in the conclusions of the resolution. He questioned the
timing of the hardcover removals. Sihis asked that the temporoiy storage facility and
unattached garage be allowed to remain during construction. He said he would remove
those structures when the project is completed. The Council agreed with the request.
Jabbour informed Silus that he would not obtain the occupancy permit until the structures
were removed.
Kellqr moved, Peterson seconded, to approve Resolution No. 3851. Vote: Ayes 5, Nays
0.
(*#9) #2210 KENT E. ANT> SUSAN SWANSON, 3229B CASCO CIRCLE -
VARIANCE - RESOLUnON NO. 3852
Goetten moved, Peterson seconded, to approve Resolution No. 3852. Vote: Ayes 4,
Nays 0.
(#10) #2187 DONALD AND ROBIN HELGAGER, 3625 SIXTH AVENUE
NORTH - VARIANCES/CUP - RECOMMENDATION FOR DENIAL
Neil Heupel represented the applicants. • •
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON MARCH 10,1997
(#10 - #2187 Donald and Robin Helgager - Continued)
Gaffiron reported that the Planning Commission reviewed the revised application and
recommended denial The variances are a result of the shape and size of the lot and
setbacks for an addition to the west end of the residence, a new attached garage, and an
attached guest house with additional garage. The detached garage is to be removed. The
residence is located on Lake Classen requiring a 150’ setback, which is met by the
existing residence with the existing garage at 123*. The revised plan proposes the
residence and garage at 126' setback. The e.xisting east side setback is 27' for the house
and 7' for the garage, which will be removed. There is a 5' separation proposed from the
house to the east lot line. The proposed street setback is 24’ where 50’ is required. The
average setback as de6ned by the house to the east is encroached to a lesser degree at 80'
but no encroachment is allowed. The CUP is for a guest house. An approval was
granted last year for a lesser variance that did not include the guest apartment.
Gaffron indicated that the Planning Commission's recommendation for denial was based
on the following specific reasons: The need for setback variances to support the
proposed guest apartment use suggests that use is not appropriate for the site. The
separated garages as proposed yield the appearance of a two-unit dwelling in this single
family zoning district. The hardsWps are self-created, i.e., the need for the magnitude of
variances requested is a direa result of a proposed additional use on the site rather than a
substantial hardship to the property. If approved, the resulting structure would be out of
character with the majority of other homes on CoRd 6 in regard to proximity to the road.
Gaffron cited other factors which may have entered into the recommendation: The DNR
recommended denial of the lake setback variance as it is a self-created hardship. The
limited building envelope would be significantly encroached upon. The 5' east side
setback previously approved was justified by a find'mg that no additions to the west were
feasible due to the limited building envelope. There is a lack of an alternate drainfie
site, though no additional bedrooms over the design capacity are requested.
Heupel responded to Gaffron’s comments. He said the applicant does not agree >vith the
hardships being self-imposed. The required setback at the time the property w^
purchased by the Helgager's was 75' but now has 1300 s.f of buildable land. When the
Shoreland Ordinance was adopted, the building envelope was reduced rendenng the
property basically unbuildable. The plans for any addition would require variances, and
the proposed revisions are closer to CoRd 6 due to the lake setback. Heupe sai e
plaM have gone through several design changes, and neither he or the apphcant view any
further changes without a significant cost.
Jabbour wliile commenting that he agreed with the comments regarding the lot, reported
that the Planning Commission w'as willing to work with the applicant regarduig the issue
of the separated additional garage and were not asking that the 1300 s.f. be adhere o.
• •
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/
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON MARCH 10,1997
(#10 - #2187 Donald and Robin Helgager - Continued)
Goetten said she would support the setback variances but was concerned vrith the second
garage in the rural residential area. She asked that the garage be changed.
Heupel noted the change to the garage proposed by Commissioner Hawn for a possible
tuck-under garage. This idea had not been proposed as it would require two accesses off
ofCoRd 6.
Peterson said she concurred with the comments made by Goetten regarding the second
garage.
Heupel was informed that the Council agreed with the conclusions made by the Planning
Comnussion and a denial would eliminate any further review of an application for a six-
mon^ period. Jabbour suggested the applicant may want to table for further review.
Heupel was asked if he would waive the 60 day requirement for a decision for action.
Heupel agreed.
Heupel asked for clarification that the applicant would be allowed to encroach the 150'
setback from the lake in order to pull the garage back from the street. Goetten indicated
that two driveway accesses would not be allowed.
Hawn suggested the garages be combined into a triple garage and pulled back behind the
residence on the east side which would more easily accommodate the guest house.
Heupel said this suggestion was a good possibility.
Kelley inquired if the representative had the legal authority to extend the application
through a waiver. Radio said he would have to have power of attorney, which Heupel
does not. A letter was to be obtained by Tuesday, March 11, from Mr. Helgager. The
Council reiterated that all three garages must be combined.
Goetten moved, Peterson seconded to continue the application conditioned on the waiver
being provided by March 11. If th.e waiver was not obtained by that date, the application
would be denied. Vote: Ayes 5, Nays 0.
• •
MAYOR/COUNCIL REPORT
(#11) INTERIM LIBRARY SERVICE DURING IMPROVEMENTS TO THE
RIDGEDALE LIBRARY
Jabbour reported that the Ridgedale Library will be closed for rehabilitation for a two-
year period. There have been no special pro^nsions made for the Long Lake and Maple
Plain Libraries. He asked the Council to support a letter requesting that ♦he library staff
would be reallocated to those libraries.
r
MPR-l1-1957 09:53 GLUTS,0’BPISfn STROTh€R 941 4951 P.22/02
DATE:March 11,1997
TO:Orono Planning Commission
CITYOFORONO
POB0X66
Crystal Bay, MN 55323
FROM: Neil Heupel
PROJECT: Helgager Residence Remodel
COMM NO; 9643 »Vo
SUBJECT: Variance Application
COPY TO: NeU Heupel
HEMORANDUN I
We, Donald Robin Helgager, agree to waive imposidoo of the 60 day statutory approval period
regarding our xoning application, File #2187.
P—•--
Donald Helgager Robin Helgager
• il« I I- , • , ■ . r. i|. • ,. « • • r, • • I I* J* IV 1. i • % t *• t r•*.1 • U . * % •.
TQTfiL P.02
CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
TO:Donald and Robin Helgager
3265 Sixth Avenue North
Long Lake, MN 55356
APPLICATION NO. #2187
NOTICE OF COUNCIL ACTION
Date of Notice: March 14,1997
COPIES: NeilHeupel
Gluts, O'Brien, Strother Architects
7520 Market Place Drive
Eden Prairie, MN 55344
TYPE OF APPLICATION: Variance/Conditional Use Permit
VOTE: 5 FOR 0 AGAINSTDATE OF MEETING: 03/10/97
COLWCIL ACTION - MOTION:
To table in order that applicant be allowed to revise proposal for further review. Revised plans shall
be referred to Planning Commission for review. Applicant has waived 60-day review period. Please
contact City staff if you have any questions.
If you desire certified copies of the official Council minutes, they are available from the City Clerk
after review and approval by the City Council.
:i
,i
I!
REQUEST FOR COUNCIL ACTION
''°‘"^C,,..// ^^^<5
DATE: July 24,
ITEM NO.: {l____
Department Approval:
Name Liz Van Zomeren
Title City Planner
Administrator Reviewed:Agenda Section:
Zoning
Item Description: ft225A Curtis ^'iid Barbara Palmer, 2710 Casco Point Road - Variance
Resolution
Zoning District: LR-IC, One Family Lakeshore Residential District (1/2 acre)
Lot Area:16,032.21 sq. ft. (.37 acres)
Application: The applicants are proposing to add more floor area (16'x5'9") to an existing space
in a non-conforming accessory structure (garage). The garage is located in a required front yard
ahead of the principal residence. Adding bulk to a non-conforming structure requires a variance.
Planning Commission Action
Staff recommended denial of the variance request. Planning Commission voted 5-1 to approve
the variance to add bulk to a non-conforming structure.
COUNCIL ACTION REQUESTED:
To amend or approve the enclosed resolution.
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 6 (A & B)
AND SECTION 10.25, SUBDIVISION 9 (D)
FILE #2254
WHEREAS, Curtis Palmer and Barbara Palmer (hereinafter "the applicants") are
owners of the property located at 2710 Casco Point Road within the City of Orono (hereinafter
"City") and legally described as follows:
Lots 12 and 13, Block 3, Casco Heiglits, Hennepin County, Minnesota (hereinafter "the
property"); and
WHEREAS, the applicants have applied to the City for a variance irom
Municipal Zoning Code Section 10.03, Subdivision 6 (A & B) and Section 10.25, Subdivision
9 (D) to allow bulk to be added to a non-conforming accessory structure located in a required
front yard. Variances for adding bulk (16'x5'9") to a non-conforming accessory structure
located in a required front yard and in front of a principal residence is required.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
3.
This application was reviewed as Zoning File #2254.
The property is located in the LR-IC, where the minimum lot area requirement
is 1/2 acre.
The Orono Planning Commission reviewed this application on July 21, 1997, and
recommended approval (5-1) of the proposed variances based upon the following
findings and hardships:
Page 1 of4
! :
A. The lot does not conform to minimum lot area or front yard setbacks.
C.
There is steep topography in the front yard.
The existing garage is non-conforming due to its location in the required
front yard between the street and principal residence.
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 prc..erve a subsMial
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 vanance on the health, safety
and welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants a variance to add bulk (16'x5'9") to an existing non-conforming accessory structure per
Municipal Zoning Code Section 10.03, Subdivision 6 (A & B) and Section 10.25, Subdivision
9 (D) to permit additional floor space to be added on the street side of an existing garage,
subject to the following conditions:
1.The additional space will be used for a workshop and storage and will not be
used as living space.
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 (July 28, 1998).
Page 2 of 4
3.
4.
Violation of or non-compliance with any of the terms and conditions of this
resolution shall constitute a violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a
misdemeanor.
The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and
assigns, hereby agree to the recording of this resolution in the chain of title of
the property.
AITEST:
Adopted by the Orono City Council on this 28th day of July, 1997.
Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor
Property Owner(s)
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
ss.
V :
The foregoing instrument was acknowledged before me on this 28th day of July,
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
A
TO:
FROM:
DATE:
SUBJECT:
Chair Lindquist and Orono Planning Commission Members
Ron Moorse, City Administrator
Liz Van Zoraeren, City Planner/Zoning Administrator
July 14,1997
#2254 Curtis and Barbara Palmer
2710 Casco Point Road
Variance(s)—Public Hearing
2^ning District: LR-IC One Family Lakeshore Residential District (1/2 Acre)
Lot Area:16,032.21 square feet (.37 acres)
Application:The applicants are proposing to add more storage space above an existing
garage. The garage is located in front of the principal residence and is
located in a required front yard which makes it non-conforming as to its
location on the zoning lot.
Pertinent Ordinances:
• Section 10.25 LR-IC One Family Lakeshore Residential District, Subd. 6, A and B
• Section 10.03 General Provisions, Subd. 9, Accessory Buildings, (D) Location
"No detached garage or other accessory building shall be located nearer the front or
street lot line than the principal building on that lot except on lots which have
frontage on a lake and rear yard adjacent to a street. Accessory buildings located
within the street or rear yards of such lots are subject to the setback requirements,
except that detached garages may be located 10 feet from the street or rear lot line
when doors face away from the street."
U2254 Curtis and Barbara Palmer
2710 Casco Point Road
6/21/97
Page 1
i J
1
ANALYSIST.ot Area and Yards
LR-IC District Standards
Lot Area
1/2 acre
Lot Width
100 ft.
Street Yard
30 ft.
Side Yard
10 ft.
Rear Yard
30 ft.
Subject Property Lot Area and Yards
Lot Area
16,032.21 sq. ft.
Lot Width
100.34 ft.
Street Yard
4.6 ft.
Side Yard
10.7 ft.
The subject property does not meet the lot area requirements for the LR-IC zoning distnct. The
existing garage is 4.6' froni the property line.
Coverage
Structural coverage is not an issue with this application.
Hardcover
Hardcover is not an issue with this application.
§2254 Curtis and Barbara Palmer
2710 Casco Point Road
6/21/97
Pag* 2
Afpucwjrs
STATW-teKT
May 25, 1997
City of Orono
Request for Variance on Existing Garage
I have a existing garage that has been classified as a non
conforming use due to location. It is a two car unit that
was built into the side of a hill in front of my house.
It has a storage space above it with a roof over it. This
area is used for some storage. However, with the amount of
items around, I have a need for more storage and have been
using the second stall of the garage forcing me to park one
car out side. This has not been a good situation.
I would like to add a dormer to the front of the roof facing
the street (see drawings) which would give me more usable
floor space on the upper level and allow me to place both our
cars in the garage.
Therefore, I request I be allowed a variance to complete
this addition.
STATEMENT OF HARDSHIP
I*
Criteria for Determining TTndue 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 can continue to be used for residential purposes. The applicant has
indicated that the existing two car garage is used for storage and one vehicle. The existing
garage is located outside of the building pad for the zoning lot.
2. The plight of the landowner is due to circumstances unique to his property not created by the
landowner.
The zoning lot has steep topography in the street yard. The plight of the landowner is created
by tojjography, the location of the existing garage and the desire for more storage.
3. The variance, if granted, will not alter the essential character of the locality.
The variance to add more storage to a non-conforming garage will add more structure in the
street yard.
4. 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.
5. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight
for solar energy systems.
Solar access is not a consideration.
6. 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 the LR-IC zoning district. The existing garage is non-
conforming. The zoning code allows non-conforming structures to be maintained. The
applicant is requesting to increase the second story of the garage by increasing the floor area
from 15' 6" X 19' 4" (299.15 sq. ft.) to approximately 20' x 22’ (389.71 sq. ft.) by adding 5'
9" X 16’ (90.56 sq. ft.).
§2254 Curtis and Barbara Palmer
2710 Casco Point Road
6/21/97
Page 4
r
7. The Board or Council may permit as a variance the temporary use of a one-family
dwelling as a two-family dwelling.
8.
9.
10.
11.
12.
Not applicable.
The special conditions applying to the structure of land in question are peculiar to such
property or immediately adjoining property.
The need for a variance is created by the location of the existing garage on the zoning lot and
the applicant’s desire for more storage within the garage.
The conditions do not apply generally to other land or structures in the district in which said
land is located.
There are garages on Casco Point that are located in the street yard. The location of the
existing garage is due to the steep topography.
The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant.
The applicant has indicate that he needs more storage and he wants to be able to park two
vehicles inside the garage. The applicant could provide storage elsewhere on the zoning lot.
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 variance is a convenience to the applicant. The applicant could add more storage space
in another location on the zoning lot.
Issues
1. The lot does not conform to lot area requirements or street yard requirements.
2. There is steep topography in the street yard. (See Exhibit F) The grade at the driveway is
10' below the residence. The back yard slopes approximately 6'-8' from the side lot lines.
U2254 Curtb and Barbara Palmer
2710 Casco Point Road
6/21/97
Pages
Ji!
3.
4.
The existing garage is considered non-conforming as to its location.
The residence was constructed in 1964. An addition was construction in 1988. Work on a
fireplace occurred in 1990 and a 5' x 17' porch was added in 1996. No other variances have
been granted for this zoning lot.
5.If more space is added to the garage, it increases the possibility of future use as a dwelling
unit or home occupation in an accessory structure.
STAFF RECOMMENDATION
The existing garage is non-conforming due to its location on the zoning lot and there is steep
topography in the street yard. Neither the location of the garage or the topography limits the use of
the garage to store two vehicles. Storage for the applicant could be provided elsewhere on the
property or stored off-site. Staff finds that there is no hardship to increase the bulk of a non-
conforming structure.
Attachments
A
B
C
D
E
F
G
Application
Plat Map
Floor Plans
Elevations
Survey
Topo Maps
Permit History
1
i^2254 Curtis and Barbara Palmer
2710 Casco Point Road
6/21/97
Page 6
Application #
Date Received ^ •// *7 7
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)
PROPERTY INFORMATION
SiteAddress 2DlO
254
8
Property Identification Number (P.I.D.1 //7- 00-xf
Attach legal description to application if not included on required survey.
Date Property Acquired________________________________________
I (do) also own the adjacent parcels of land.
}S.
(month/year)
Present use of property: X residential ___pother (specify).
Zoning District:____________Z. ____________
APPLICANT J"
i.TI'S WoPl\Ll'Name _____________
Address: 2J)/0 91, (^0%City:Zip:.5SL2Sl
OWER (if different than applicant)
Name ____________________
Phone (home).
Phone (work)_
Address:City:,Zip:.
DESCRIPTION OF REQUEST Estimated Construction Cost $ \
C30
Describe request in detail:
(attach additional sjieets if necessary)
VARIANCES REQUIRED
Lot Area ___Lot Width
Setback:Front Side
Hardcover
Rear
Lot Coverage
Average Lakeshore
X Other (specify) l^t^D(T|OLl TO gXSIb T(L|<3i
HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe undue hardship or practical difficulty or unusual property conditions preventing
compliance with Zoning Code requirements:
)UTO hi-llL l^iiO iSv ouly -r\MO TO —
g^fsToUC) LpV&L Tn
op ~T\uiC) lU ------
UCST V U f^T 1 U CS. e.------------------------------------------------
(attach additional sheets if necessary)
i .
. V* *1 ^
it • ^ ^V. •
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• • * • <'U' /
2\\0 T‘i
Certificate of Survey for
Tom Martin
of Lots 12 and 13, Block 3, CASCO HEIGHTS
Hennepin County, Minnesota-
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It I hereby certify that this is a true and'correct
representation of a survey of the boundaries of
Lots 12 and 13, Block 3, CASCO HEIGHTS, and of
the location of all buildings, if any, thereon.
It does not purport to show any other improvements
or encroachments.
I .
i.,
COFFIN & GRONBERG, INC.
Mark S. Gronberg Reg. No. 12755
Gordon R. Coffin Reg. No. 6064
Engineers and Land Surveyors
Long Lake, Minnesota
Phone 473-4141
1 inch B 30 feet
August 13, 1985
iron marker '
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Permit No.
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PERMIT RECORD
Date
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Type of Permit
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REQUEST FOR COUNCIL ACTION
2d
C/7y
DATE: July 23, 1997
6%g
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°^PflO/vo
ITEM NO,Lo
Department Approval: Administrator Reviewed:
Name Elizabeth Van Zomeren
Title City Planner/Zoning Administrator
Agenda Section:
Zoning
Item Description:#2256 James P. and Mary H. Rivers
1442 Shoreline Drive
Variance - Resolution
2U>ning District:LR-IA One Family Lakeshore Residential District (2 acres)
Lot Area:9,250 sq. ft. (.212 acres)
Application:The applicants are proposing to change the roofline of an existing
residence that is considered non-conforming because it is located in the
0-75’ lakeshore setback. A variance to increase or intensify a non-
conforming structure is required.
Planning Commission Action
To unanimously approve a variance to allow correction of the roofline of a non-conforming
structure.
COUNCIL ACI ION REQUESTED:
To amend or approve the enclosed resolution.
Isv
1 i
I
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A.
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISIONS 1 (B) AND 2 AND
SECTION 10.03, SUBDIVISION 4 AND 5
FILE NO. 2256
WHEREAS, James P. Rivers and Mary H. Rivers (hereinafter "the applicants")
are owners of the property located at 1442 Shoreline Drive within the City Orono
(hereinafter "the City") and legally described as follows:
(P.I.N. 11-117-23 22 0005) Section 11, Township 117, Range 23 commencing
at a point on lake shore of Lake Minnetonka which point is distant 70 feet
northwesterly at right angles from a line bearing north 67 degrees 48 minutes
east from a point which is south 10 degrees east distant 836.5 feet from
northeast comer of Lot 1 thence south 67 degrees 48 minutes west to shore of
Mud Lake thence northwesterly along shore of Mud Lake to a line parallel with
and distant 50 feet northwesterly at right angles from the last preceding
described line thence north 67 degrees 48 minutes east to shore of Lake
Minnetonka thence southeasterly to beginning except road, Hennepin County,
Minnesota (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code & ction 10.22, Subdivisions 1 (B) and 2 and Section 10.03, Subdivisions 4 and
5 to change the roofline of an existing residence located in the 0-75' lakeshore setback. A
variance for increasing or intensifying a non-conforming stmcture is required.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #2256.
Page 1 of 8
1 ’
r
2.
3.
The property is located in the LR-IA Single Family Lakeshore Residential
Zoning District where the minimum lot area requirement is two acres.
The Orono Planning Commission reviewed this application on July 21, 1997 and
recommended unanimous approval of the proposed variances based upon the
following unique findings and hardships:
A. The zoning lot does not meet the minimum requirements for the LR-IA
zoning district.
B.
4.
5.
C.
D.
E.
The existing structure is located in the 0-75' lakeshore setback and is
considered non-conforming.
The roofline of the existing structure allows precipitation to accumulate
in the valley which has caused damage to the residence.
The applicants are unable to continue to insure the property unless the
roofline is corrected.
Previous variances have been granted for this property (Resolutions #39,
#185 and #1698).
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 applicants, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the applicants; and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the City.
The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicants ^Jid the effect of the proposed variance on the health, safety
and welfare of the community.
Page 2 of 8
r
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants a variance to change the roofline of an existing residence that is non-conforming because
it is located in the 0-75’ lakeshore setback per Municipal Zoning Cod: Section 10.22,
Subdivisions 1 (B) and 2 and Section 10.03, Subdivisions 4 and 5 to permit modification of
the roofline of an existing residence located in the 0-75' lakeshore setback, subject to the
following conditions:
1. The roofline to be modified as shown in Exhibits C, D and E.
2.Authorities granted by this variance run with the property not with the
applicants, but are permissive only and must be exercised by application for a
building permit within one year of the date of Council approval, or this variance
will expire on that date (July 28, 1998).
3.Violation of or non-compliance with any of the terms and conditions of this
variance shall constitute a violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a
misdemeanor.
4.The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on l><?i!alf of themselves, their heirs, successors and
assigns, hereby agree to the recordnig of this resolution in the Chain of Title of
the property.
Page 3 of 8
3 Ir.iWjin
d
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held on the 28th day of July, 1997.
ATTEST:
Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor
Property Owner (s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 28th day of July,
1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono,
a Minnesota mumcipal corporation and said instrument was executed on behalf of the City.
Notary Public
Page 4 of 8
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.
fJI’i
H
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 5 of 8
TO:
FROM:
DATE:
Chair Lindquist and Orono Planning Commission Members
Ron Moorse, City Administrator
Liz Van Zomeren, City Planner/Zoning Administrator
July 10, 1997
SUBJECT: #2256 James P. and Mary H. Rivers
1442 Shoreline Drive
Variance(s)—Public Hearing
Zoning District: LR-IA One Family Lakeshore Residential District (2 Acres)
Lot Area:9,250 square feet (.212 acres)
Application:The applicants are proposing to change the roofline of an existing residence.
Replacement is necessary because there was damage from snow which
acci^ulated in the valley of the roof. The applicants have informed staff that
the insurance company is requiring the roof slope be changed. Because the
existing residence is located in the 0-75' setback, a variance *o increa v? or
intensify a non-conforming structure is required
Pertinent Ordinances:
• Section 10.23 LR-1A One Family Lakeshore Residential District, Subd. 6, A and B
• Section 10.22, Subd. 1, Lakeshore Setback Regulations, And B, Subd. 2
• Section 10.03 General Provisions, Subd. 4, Subd. 5, B, D, H, I
^2256 James P. and Mary H. Rivers
1442 Shoreline Drive
Parlance
6/21/97
Page 1
ANALYSIS
Lot Area and Yards
LR-1A District Standards
Subject Property Lot Area and Yards
The lot does not meet the minimum lot area, lot width or shoreline setback requirements. Variances
have previously been granted for side yards and lakeshore setbacks.
Structural Coveragt*
Structural coverage will not change with the alteration of the roofline.
Hardcover
The proposed alteration to the roofline does not affect hardcover. Variances have previously been
granted for hardcover to exist at 38.3% in the 0-75' setback.
U2256 James P. and Mary H. Rivers
J 442 Shoreline Drive
Variance
6/21/97
Page!
STATEMENT OF HARDSHIP
n“Te1 “ **
A residence has been at this location for more than 37 years.
Criteria for Determining Undue Hardship
1. ^e probity m question cannot be put to a reasonable use if used under conditions allowed
by the official controls.
The applicant has indicated to staff that the temporary solution to the leaking roof is in
jeopardy due to heavy rains. The damage will continue if the roofline is not altered.
Eventually, the residence would become uninhabitable.
2.j^e plight of the landowner is due to circumstances unique to his property not created by th<
ram
3.
The landowner’s situation is due to the roofline and the effect of melting snow and
pooling in the roof valley and causing damage.
The variance, if granted, will not alter the essential character of the locality.
The variance for altering a non-conforming structure 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 a consideration with this application to the extent that the applicant's
insurer is requiring a change to keep the policy in effect.
Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for
solar enerpv systems.
Solar access is not a consideration.
M2256 James P, and Mary II Rivers
1442 Shoreline Drive
Variance
6/21/97
Page 3
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 residence is non-conforming as to location. Residential uses are allowed in the zoning
district.
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
prope^ or immediately adjoining property.
The residence has been modified numerous times during the last 37 years. The roofline is
unusual and cannot handle precipitation.
The conditions do not apply generally to other land or structures in the district in which said
land is located.
The variance is needed because the residence is within the 0-75' setback. Roof repair would
intensify the bulk of the building. The condition of the roof is unique to this property.
The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant.
The applicant must obtain the variance to keep the property insured and repair damage to the
structure.
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 variance would alleviate the hardship created by the non-conforming status of the
residence.
U2256 James P. and Mary //. Rivers
1442 Shoreline Drive
Variance
6/21/97
Page 4
Issues
1.The zoning lot does not meet the minimum requirements for the LR-IA district. The
existing structure is located within the 0-75' setback area and is considered non-conforming.
2.
3.
The topography of the lot is not unusual.
The street file indicates the following variances were applied for:
#39 1975
#185 1976 Addition and remodeling
#1698 1991 Roof and screened porch (after-the-fact)
4.The structure was remodeled in 1959. In 1976 an addition was added and remodeling was
done.
STAFF RECOMMENDATION
To approve the alteration of the roofline as shown in Exhibit D.
Attachments
A
B
C
D
E
F
G
H
I
J
Application
Plat Map
Existing Side View
Proposed Side View
Plan View
Permit History
Resolution #3122
Staff Report dated September 29,1976
Old Survey
Topo Map
ff2256 James P. and Mary H. Rivers
1442 Shoreline Drive
Variance
6/21/97
Pages
LoarlO^J Ct^:>b \^^-l Qrrx.
i ®o
Application # Lo
Date Receiyed ^ . /jk,. y
Amount Paid .oo
CITY OF ORONO - VARIANCE Al^PLICATION
Initial Appjic^on Fee $220.^^
($50.00 per each addiiionafvariance)
Renewal Variance Fee $120.00
(no change from original application)
. Variance for non-conforming structures $220.00
After-the-Fact Fees (Double application fee)
PROPERTY INFORMA^^N^ ^
s
SiteAddress
Property Identification Number (P.I.D.) 3*S — U - | H _________
Attach legal description to application if not included on required survey.
>perty Acquired_________________________________________^(month/year)
^do not) also own th^adjacent parcels of land.
Present use of property: v residential ___other (specify)_____________________
Zoning District: L-K.-1A PArr\il>^ CA
APPLICANT ^ o
Name Nc Laji^i R- ^
Phone (horne d _____
Phone (wDikl *~p7 3 - ^ ^
Address!" ! City: T>0/-i # . Zip: l
Name TunOWNER (ifjiifferent tl^ applicant) t /) Phone (home)
^____ P, 4- ricuuu M- Phone (work) / 3 ______
AddressP*itt-4-T \^\ U P City: (>l!!hL.M^(i[:f-a Zip: 3 /
DESCRIPTION OF REQUEST
Describe request in detail: ________
Estimated Construction Cost $
(attach additional sheets if necessary)
VARIANCES REQUIRED
Lot Area Lot Width
Setback:Front Side
Hardcover
Rear
Lot Coverage
Average Lakeshore
y Other (specify) [ncr-€A.S& fn 0 -1^' IflkgShcYg SeHoaCL
HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe undue hardship or practical difficulty or unusual property conditions preventing
compliance with Zoning Code requirements: _______________________________
yg q u \ v~g ^ cLo^nhcc-j-
C^CLYTiQ____Q io ‘^v^C)o3 VvoVA
>rc?p^ )(ie^ \Vv <Qo^. 3-3 \
(attach additional sheets if necessary)
REQUIRED SUBMITTALS
All of the following information must be submitted bv the application deadline date in
order for vour application to be considered complete;
1.K
2.
3.
4.
5.
6.
7.
8.
T
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, ^8-3271).
Certificate of Survey (signed by a licensed surveyor) and include hardcover
calculations as required. In addition, provide one (1) copy 814" x 11" for
reproduction.
Topographic survey (existing and proposed elevations) if any changes in existing
grade are proposed. In addition, provide one (1) copy 814" x 11" for reproduction.
Sketches or plans of floor & elevation views (provide one (1) copy 814" x 11").
List of the legal names (include marital status) of all persons with an interest in
the property. This would include name(s) of applicant(s) if not current owner(s).
As an addendum to this application, please attach a separate list of any other
persons you wish notified of this application.
Additional items as may be requested by City staff.
The Applicant and Property Owner must sign this application. Please remember that your
variance application is not complete if the above information has not been included.
APPLICANT’S SIGNATURE
The applicant hereby agrees to provide all information required or requested by ihe 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 corrwt to the best of his/her knowledge.
Applicant’s Signature
s true and corrw
Date 'jiihi
OWNER'S SIGNATURE
The owner hereby acknowledges and agrees to this application and further authorizes reasonable
entry onto the property by City staff, consultants, agents. Commission members, and Council
members for purposes of investigation and verification of this request.
Owner's Signature Date th//3/97
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.
♦ -i 1Ls' i <1.
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CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
A RESOLUTION GRANTING
AFTER-THE-FACT VARIANCES TO MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 1 (B),
SECTION 10.22, SUBDIVISION 2 AND
SECTION 10.23, SUBDIVISION 6 (B)
FILE #1698
WHEREAS, Jaiiiies ?. Rivers (hereinafter "the applicant")
is owner of the property located at 1442 Shoreline Drive within
the City of Orono (heaeinafter "City") and legally described as
follows:
(P.I.N. 11-117-23 22 0005) SECTION I'l, TOWNSHIP 117, RANGE
23 COMMENCING AT A POINT ON LAKE SHORE OP LAKE MINNETONKA
WHICH POINT IS DISTANT 70 FEET NORTHWESTERLY AT RIGHT ANGLES
FROM A LINE BEARING NORTH 67 DEGREES 48 MINUTES EAST PROM A
POINT WHICH IS SOUTH 10 DEGREES EAST DISTANT 836.5 FEET FROM
NORTHEAST CORNER OP LOT 1 THENCE SOUTH 67 DEGREES 48 MINUTES
WEST TO SHORE OP MUD LAKE THENCE NORTHWESTERLY ALONG SHORE
OF MUD LAKE TO A LINE PARALLEL WITH AND DISTANT 50 FEET
NORTHWESTERLY AT RIGHT ANGLES FROM THE LAST PRECEEDING
DESCRIBED LINE THENCE NORTH 67 DEGREES 48 MINUTES EAST TO
SHORE OF LAKE MINNETONK7. '"HENCE SOUTHEASTERLY TO BEGINNING
EXCEPT ROAD, Hennepin Ccunty, Minnesota (hereinafter "the
property"); and
WHEREAS, the applicant has applied to the City for
after-the-fact variances to Municipal Zoning Code Sections 10.22,
Subdivision 1 (B), Section 10.22, Subdivision 2 and Section
10.23, Subdivision 6 (B) to permit a roofed/screened porch
measured by staff at 21* 6" x 15* 6" located 9' from the
shoreline instead of the required 75*, resulting in 318 s.f. of
additional hardcover where 1,439.01 s.f. or 38.3% exists and
where none is allowed and side setback variances for structure
located 14* from the right side yard and 20* from the left side
yard where a 30* setback is required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota;
FINDINGS
1. This application was reviewed as Zjning Pile #1698.
CITY of
3.
4.
5.
RESOLUTION OF THE CITY COUNCIL
NO. 3122
The property is located in the LR-lA, Single Family
I>akeshore Residential Zoning District requiring 2 acres
xn area. The property consists of approximately 9,250
S • X •
The Orono City Council reviewed this application on May
.3., 1992, and conceptually recommended approval of the
^^^3.ances based upon the following findings: ^
A.
B.
The unauthorized addition has existed on the
property for approximately 15 years.
Applicant has agreed to remove 240 s.f. of
existing paved/gravel hardcover to be replaced
with grassed area located within the 75-250'
setback area.
The City Council finds that the conditions existing on
this property are peculiar to it and do not apply
to other property in this zoning district;
that granting^ the variances would not adversely affect
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
^^^^J^'^ing the reports by City staff, comments by the
applicant and the effect of the proposed after-the-fact
variances on the health, safety and welfare of the community.
Page 2 of 5
GITYof ORONO
RESOLUTION OF THE CITY COUNCIL
NO___^122
1.
CONCLUSIONS, ORDER AND CONDITIONS
iMSfiPSsifSSS
increase in the 0-75' setback area and a right
vitianco n? ?n? ^ side setbackvariance of 10 or 33%, subject to the following conditions:
Applicant is being advised that major structural repair
of the roofed/screened deck in the future will require City approval.
Applicant shall install 240 s.f. of grassed area
adjacent to County Road 15 located within the 75-250'
setback area. The grassed area shall be installed by July 1, 1992,
Violation of or non-compliance with any of the terms
and conditions of this variance shall constitute a
violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be
punishable as a misdemeanor.
The undersigned applicant has read, understood and
K V 1J to the terms of this resolution and on
oenalf of himself, his heirs, successors and assigns,
hereby agrees to the recording of this resolution in
the chain of title of the property.
2.
3.
4.
Page 3 of 5
A.
III GITYof ORONO
RESOLUTION OF THE CITY COUNCIL
NO.3122
Adopted by the City Council of the City of Orono,
Minnesota at a regular meeting held on the 26th day of May, 1992.
ATTOST:
ithy cXty^cTerJ^ Barbara aT Petersbn, Mayor
Property Owner(sj
STATE OP MINNESOTA )
) ss •
COUNTY OP HENNEPIN )
instrument was acknowledged before me on
Mn °f o??' A. Peterson S Dorothy «.
Mayor & City Clerk of the City of Orono, a Minnesota
of^'the^City^^^^^^^^^^* instrument was executed on behalf
LINDA S. \hl.
NOTARY PUBLIC - V.SSsSOTA
HENNEPIN COUNTY
My cotnmlsslon txplres S-12>96
r J.
tarv PublicNotary Public
Page 4 of 5
t
m
«SHO
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO____3122
STATE OF MINNESOTA )
) ss •
COUNTY OP HENNEPIN )
On this 74/6L day of Apr/ !199 3
before me a Notary Public within and 'for said county, personally
appeared P. _ _ _ _ _ _
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.
LINDA S. VEE
NOTARY PUBUC • MINNESOTA
HENNEPIN COUNTY
My commission flxpires 8-12-96
NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OP 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 5 of 5
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fion the shoreltee (Mr. River ’s laeasuie’-♦=T/*l0WBy6r»v Water'levpl tq
• for an j^^tion to the house (non-confbming
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Pizza building. This concrete asphalt slab
- “ evea. Approximately 1,200 sq. ft.^ this
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REQUEST FOR COUNCIL ACTION
DATE; July 24, 1997
ITEM NO.: ^_______
Department Approval:
Narac Michael P. Gaflron
Title Assi'*<^'t Planning & Zoning Administrator
Administrator Reviewed:Agenda Section:
Zoning
Item Description: #2257 Dennis Meyer, 4685 Tonkaview Lane - Variance - Resolution
Zoning Distri^ LR-IB Single Family Lakeshore Residential, Sewered, 1 Acre Minimum
Application:Request for lot area variance to construct a new residence on this 0.69
acre vacant lot.
List of Exhibits
A - Resolution
B - Notice of Planning Commission Action 7/24/97
C - Grading & Drainage Plan
D - Memo and Exhibits of July 14, 1997
Summary of Request
Please review the memo and exhibits of July 14. Briefly, applicant proposes to construct a
new residence on a 0.69 acre vacant lot on the south side of Tonkaview Lane. The lot has
been assessed for sewer. The lot width meets 80% of the 140 ’ standard and no width variance
is required.
The LR-IB district lot area standard is 1.0 acre. The average lot size on Tonkaview Lane is
0.83 acre with a range from 0.39 acre to 1.61 acres.
The proposed residence will meet the required setback, I >?rage and bedcover
requirements. Further, applicant has submitted a revised plan showing that the building will
meet the 30' height limitation.
Drainage is a concern in this neighborhood, and stormwater runoff from applicants lot will
naturally run southward towards North Shore Drive. Applicant also owns the residential
properly to the immediate south abutting North Shore Dri^'e, and obviously has an interest in
not creating a drainage problem for himself. Staff requested and has been provided with a
grading plan for the site which proposes to direct a small portion of the drainage to the nortli
towards Tonkaview, directing the majority of the drainage to the south. Approval of this lot
area variance should be conditioned on City Engineer and 5tafi approval of die site grading and
drainage plan prior to issuance of a building permit.
/
Request for Council Action continued
Page 2
July 24, 1997
Zoning File #2257
f I
Planning Commission Recommendation
Planning Commission reviewed this request at their July 21 meeting and on a vote of 6-0
recommended approval of the lot area ^•nriance, noting that the lot is similar in area to many
other lots in the neighborhood, has been assessed for sewer, and that the new construction will
meet all setback, lot coverage and hardcover requirements.
Staff Recommendation
Staff recommends approval subject to approval of the site grading and drainage plan prior to
issuance of a building permit, and that no other variances be granted for this property.
COUNCIL ACTION REQUESTED:
Adoption of the attached resolution.
PROPOSED MOTION: Mf t'___, seconded by___, to adopt Resolution No.
gi.'citing a lot area vaxiance * y ronstruction of a new single family residence on the property
located at 4685 Tonkaview Lane. Vote: ____ayes, nays.
r
A RESOLUTION GRANTING A VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 10.24, SUBDIVISION 5 (B)
FILE NO. 2257
WHEREAS, Dennis Meyer (hereinafter "the applicant") is the owner
property located at 4685 Tonkaview Lane within the City of Orono (hereinafter "the City ) an
legally described as follows:
Tract F, R.L.S. 1036, Hennepin County, Minnesota (hereinafter "the property ),
and
WHEREAS, the applicant has applied to the Citv a variance to Municipal
Zoning Code Section 10.24, Subdivision 5 (B) to allow construction of a single toily
residence on a lot of 29,900 s. f. in area or 0.69 acre, where a lot area of 43,560 s. f. or 1.0
acre is normally required.
Minnesota:
1.
2.
3.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
This application was reviewed as Zoning File #2257.
The property is located in the LR-IB Single Family Lakeshore Residential
Zoning District.
The Orono Planning Commission reviewed this application on July 21, 1997 md
recommended approval of the proposed variance based upon the lollowing
findings:
A. This lot \^as assessed one sewer unit and front footage in the 1970 Saga
Hill Sewer Project.
Page 1 of 4
. **-.4
r
4.
5.
B. The LR-IB district lot area standard is 1.0 acre. On Tonkaview Lane,
the average lot size is 0.83 acre. The range in existing developed lot
sizes is 0.39 acre to 1.61 acres. Eleven lots on Tonkaview Lane are
larger than applicant ’s lot, seven are equal in size or smaller. The
construction of a new single family residence on ths, subject property will
not be out of character with the neighborhood.
C. The applicant has proposed construction of a residence that will meet the
required front, rear and side setbacks, will meet the lot coverage
limitations and hardcover limitations, and will meet the height limitations
of the zoning code.
D. Due to general concerns about drainage in the neighborhood, it would be
appropriate that the applicant submit and the City approve a grading and
drainage plan prior to issuance of a building permit for the property.
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.
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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants a variance
to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit the construction of a
single family residence on the property which is 0.69 acre in area where a 1.0 acre area is
normally required, subject to the following conditions:
Page 2 of 4
1.
L
A building permit may be issued for this property only upon City Engineer and
staff approval of the grading and drainage plan for the site.
2.
3.
No variances other than lot area are granted for this property.
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 (July 28, 1998).
4.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 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 28th day of July, 1997.
ATTEST:
Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor
Property Owner (s)
Page 3 of 4
’ ■' ^ ^ *
.^1- -
i t
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 28th day of July,
1997 by Gabriel Jab’cDur 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 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
r ^ -
CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
TO: Dennis Meyer
4731 North Shore Drive
Mound, MN 55364
TYPE OF APPLICATION: Variance
DATE OF MEETING: 07/21/97
ZONING FILE #2257
NOTICE OF PLANNING COMMISSION
ACTION
DATE OF NOTICE: July 24, 1997
COPIES:
VOTE: 6 FOR 0 AGAINST
Planning Commission recommends the following:
Approval subject to conditions noted below.
NOTES AND SPECIAL CONDITIONS:
Approval of grading and drainage plan by City Engineer and staff prior to issuance of building
permit.
Applicant ’s next scheduled meeting is confirmed as:
City Council, Monday, July 28, 1997; meeting starts at 7:00 p.m.
If you desire certified copies of the official Planning Commission minutes, they are available
from the City Recorder after review and approval by the Planning Commission.
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To:Chair Lindquist and Orono Planning Commission Members
Ron Moorse, City Administrator
From:Michael P. Gaffron, Assistant Planning & Zoning Administrator
Date:July 14, 1997
Subject: #2257 Dennis Meyer, 4685 Tonkaview Lane - Variances - Public Hearing
Zoning District: LR-IB, Single Family Lakeshore Residential, Sewered, 1 Acre Minimum
Application: Request for lot area and width variances to construct a new residence on this
0.69 acre vacant lot.
List of Exhibits
A - Application
B - Plat Map
C - Property Owners List
D - Property Owner Acknowledgements
E - Survey
F - Site Plan
G - Hardcover Calculations
H - Topographic Overlay
I - Proposed House Plans and Elevation Views
P.C.
--
Pertinent Code Sections
Section 10.24, Subd. 5(B):
Required lot area = 43,560 s.f. = 1 acre (existing = 29,900 sq. ft. or 0.69 acre)
Required lot width = 140' (existing = 114.3’ = 82% of 140’ standard)
Pertinent Facts
1.This lot was assessed one sewer unit and front footage in the 1970 Saga Hill Sewer
Project.
2.Technically, the lot width is more than 80% of the 140’ standard and no width variance
is required per Section 10.03 Subd. 6(A)(1).
3.The LR-IB district lot area standard is 1.0 acre. On Tonkaview Lane, the average lot
size is 0.83 acre. Range in existing developed lot size is 0.39 acre to 1.61 acre.
Eleven lots on Tonkaview are larger than applicant ’s lot, seven are equal in size or
smaller.
viraT-t V, *■
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Zoning File #2257
July 14, 1997
Page 2 of 3
4. Applicant proposes to construct a residence meeting the required 35' front, 30' rear and
10' side setbacks.
5. Proposed lot coverage by structure is 2,792 s, f. or 9.3% where 15% is allowed.
6. The southerly one-third of the property is in the 250-500' zone, and no hardcover is
proposed in that zone. The northerly two-thirds of the lot is in the 500-1,000' zone,
where hardcover is proposed at 34.2%, meeting the 35% limit.
7. The prof)osed structure includes three stories above the basement. The plans submitted
scale out at a defined height of 31', where a maximum structure height of 30' is
allowed. Applicant has not requested a height variance, and no hardship exists to grant
one. Therefore, applicant should be advised that the current building plans must be
revised to limit the house to 30' in height or applicant must otherwise confirm that
the house as designed meets the 30' limit. (Note that the code indicates a height limit
of 2% stories or 30'. Since stories are not defined in the zoning code, the City has
concluded that the 30* limit will take precedence over the 2'/2 story limit.)
Discussion
This is one of the few remaining vacant lots on Tonkaview Lane. The hardship is that no
additional land is available. Factors which support the use of this property as a building site
include its general conformity with other developed lots in the neighborhood and the fact that
it has been assessed for sewer.
It is staffs opinion that the lot is buildable. It appears that most of the construction will occur
in the north half of the property which is relatively flat. The lot drops off to the rear, and at
the south lot line drops off dramatically to the property below, which has been created by
excavating into the hill. A potential concern is additional runoff to that southerly property,
hence staff is recommending that, prior to Council approval of this application, the applicant
must submit a site grading and drainage plan subject to approval of the City engineer. That
plan must show the existing and proposed site contours, and define the extent of grading
needed to accommodate the proposed walkout. The proposal should also address the possibility
of directing roof and driveway drainage to the north, although the street elevations might make
this unfeasible.
Staff Recommendation
Staff recommends approval of the required lot area variance, acknowledging that the lot width
meets 80% of the standard and therefore no variance is required for lot width, subject to City
engineer approval of a grading and drainage plan to be submitted by the applicant prior to final
Council action, and subject to the proposed structure meeting t' 30* height limitation.
5
K
Zoning FUe #2257
July 14, 1997
Page 3 of 3
Options for Action
1 . Recommend approval per staff recommendation.
2. Recommend approval with additional conditions.
3. Recommend denial (state reasons).
4. Table for further information (specify).
5. Other.
I
I '
1;
I
L
#2 7 Application « 1
Date Received
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)
PROPERTY INFORlVyOlON ^ ,
Site Address_____J on Ha)tdea) L-^UUL^ '___________________
Property Identification Number (P.I.D.) ^7^ ( I ^
Attach legal description to application if noi included on required survey.
. Date Property Acgiufed_f ei *5TT________IR 7Q (month/year)
IS of land. -
Y o ther (specify )Present uSeof property
Zoning District:______
APPLICANT
Name Q-C fO >^ ^ jA-. _______
AddressT^*?^ f A/crTh^shcff'^ L^r. City: hc/
Phone (home ) (4-7
Phone (work )
Zip: ^ V
OWNER (if different than applicant)
' Name
Phone (homeX
Phone (work)_
Address:City:.Zip:.
DESCRIPTION OF REQUEST Estimated Constme^n Cost $
Describe request in detai: H-itO hou*5
fK v/^-f AAfK
(attach additional sheets if necessary)
VARI^CES REQUIRED /
V Lot Area y Lot Width 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 condUipns preventing
•v tiiTjk »lo ctci^CttA~ (Otr\i7> T 'feL>gS ^7
\/tnr< C4 '-5^-e«s6 -fcM
}s,^id<tblr f(hs 2/^ 'fG /V-r^
(attach additional sheets if necessary)
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CVI
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1.
2.
3.
required submittals
All of tht fftllff'ving infftripation mu.lt he submitlcil hv the annlicatinn <l.-.-.dlin.. in
grtitr for vowr implica tioil to he i-nn.idertd comnlrtf;
__ 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 S'A" x 11" for
reproduction.
---- Topographic survey (existing and proposed elevations) if any changes in existing
grade are proposed. In addition, provide one (1) copy B'/t" x 11" for reproduction.
---- Sketches or plans of floor & elevation views (provide one (1) copy 814” x 11").
---- List of the legal names (include marital status) of all persons with an interest in
the property. This would include name(s) of applicant(s) if not current owner(s).
---- As an addendum to this application, please attach a separate list of any other
persons you wish notified of this application.
---- Additional items as may be requested by City staff.
The Applicant and Property Owner must sign this application. Please remember that your
variance anniicafinn ■« not cnmnlpto if _____ i.____. . . . 7^
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)
an^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 SignatureQ. Dale 7u A 1997
OWNER'S SIGNATURE
The ovmer 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.
4.
5.
6.
7.
8.
- Dote
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 ^angements to have an authorized agent attend in your place and to advise the Building
& Zoning Office of this change prior to the meeting.
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PROP ADDR ONNER NAME, TAXPAYER NAME/ADDR 38 07-117-23 23 00260^720 TONKAVZEH LA STEVEN F VALEK STEVEN F VALEK BOX 386SPRING PARK MN 55384 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OHNERS LIST38 07-117-23 32 000304725 TONKAVIEN U EAT CHRISTIANSON EARL A TERRY CHRISTIANSON 4641 TONKA V^IEN LANE MOUND MN 55364 REPORT NO. PI435461 PAGE 1438 07-117-23 32 0004 04735 TONKAVIEN U STUART V NHITMAN STUART V WHITMAN 4735 TONKAVIEN U . MOUND MN 55364 • I - T ' • - 0 ^ ^ 1' ^ -v:, »•. * . ‘ ‘ : »* • . -7,.* ' i•»\A':i. '>• I I !••••':• I
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PROP ADDR
...OMNER.MAHE
1 TAXPAYER
I'-/ ' ; NAME/AODR
38 07-117-23 32 0014
.04739 TONKAVZEH U
LARRY ARNOLD 6REENHA6EN ET AL
L 0REENHA6EN 6 V 6REENHA6EN
4739 TONKAVIEN LANE
MOUM) MN 55364
38 07-117-23 32 0025
04625 TONKAVZEH LA
R H SHELTON AML SHELTON
R M SHELTON AML SHELTON
4625 TOMCAVIEH LA
MOUND MN 55364
38 07-117-23 32 0026
04629 TONKAVZEH LA
J R ABRAHAMSON/0 ABRAHANSON
JAMES R A DAMN ABRAHAMSON
4629 TONKAVZEH LA
MOUND MN ‘ 55364-9631
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PROP ADDR
ONNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
ONNER NAME
.TAXPAYER
NAME/ADDR
38 07-117-23 32 0027
04635 TONKAVIEN LA
A M NASSET A N L NASSET
ALISON NASSET/NANCY NASSET
4635 TONKAVIEN LA
HOUND MN 55364
38 07-117-23 32 0047
04690 TONKAVIEN LA
NAS BULL
WILLIAM A BULL
4690 TONKAVIEN LA
MOUND MN 55364
38 07-117-23 32 0028
04655 TONKAVIEN LA
DENNIS A MEYER
DENNIS A MEYER
4680 NORTH SHORE DR
MOUND MN 55364
38 07-117-23 32 0050
04680 NORTH SHORE DR
DENNIS A MEYER
DENNIS A MEYER
4680 NORTH SHORE DR
HOUND MN 55364
38 07-117-23 32 0029
00038 ADDRESS UNASSIGNED
DENNIS A MEYER
DENNIS A MEYER
4680 NORTH SHORE DR
MOUND MN 55364
TOTAL BATCH 504 00011
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1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE '
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST
OF MY KN0NLE06E AND BELIEF..
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Adjacent Property Owners' Acknowledgement Form
I (vve)^AQL 1. CHRtSTi A<\)Scr^_____of
[print name(s)] [print address'
have reviewed the plans for the proposed improvement or proposed use of the property located
at _______________also referred to as Land Use Application No._________.
I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to
declare approval or disapproval of the property or use but merely to confirm for the City
Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor’s
project or use requires Council approval.
Date
U -t 2-
Date
4i**4i^*** ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ ♦♦♦♦♦♦V^*****************************************^******
[print name(s)]
'i0O
[print address]
have reviewed the plans for the proposed improvement or proposed use of the property located
at___________________also referred to as Land Use Application No.
I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to
declare approval or disapproval of the property or use but merely to confirm for the City
Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's
project or use requires Council approval.
(nlV
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.
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TOTAL PROPERTY AREA IN ZONE
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request for council action ^ ^9g,
DATE: July 23,
ITEM NO.: ^
Department Approval: Administrator Reriewed: w-a. -----
Name Michael P. Gaffron
Title Asst. Planning & Zoning Administrator
item Description: #2258 Gerald E. Walsh, 180 Big Isiand - Lot Area Variance - Resolution
Zoning District: RS, Seasonal Recreational.
RsSrord^“S “■*
List of Exhibits
A - Resolution
B - Notice of Planning Commission Action 7/23/97
C - Memo and Exhibits of 7/14/97
Summary of Request
Pl^ reviewdie memo and exhibits of July 14th. Briefly, applicant requests the "automatic lot
area variance sunilar to those granted for similar lots on Big Island per the 1983 RS District
granted and resolutions adopted without a fee requirement and
without the need for a survey until such time that an actual building or construction is proposed.
Applicant has paid the current $220 variance application fee, but was not required to provide a survey •
Planning Commission Recommendation
Plai^g Conmission recommended approval as outlined in the staff memo, subject to legal
combination of the two tax parcels that comprise this record lot.
Staff Recommendation
Staff recommends approval per the attached resolution.
COUNCIL ACTION REQUESTED:
Adopt the attached resolution.
Proposed motion: Moved by _____, seconded by ______, to adopt Resolution #
approving a lot area variMce for Record Lot No. 37 (180 Big Island) pursuant to OrdinancITfe
246, Mumcipal Zoning Code Section 10.31 - File No. 2258.
Minnesota:
APPROVING A LOT AREA VARIANCE
FOR RECORD LOT NO. 37 (180 BIG ISLAND)
PURSUANT TO ORDINANCE NO. 246,
MUNICIPAL ZONING CODE SECTION 10.31
FILE #2258
BE IT RESOLVED, by the City Council of Orono, Hennepin County,
FINDINGS
1. That Gerald E. Walsh is the owner of record of the following described property located
within the RS Seasonal Recreational Zoning District of the City of Orono:
Lots 29 and 30, Morse Island Park, Hennepin County, Minnesota (hereinafter the
property).
2. That in adoption of Ordinance No. 246, the City Council reviewed ownership,
development and use patterns on the islands and determined that all the above described
property combined is and shall hereinafter and henceforth be one "Record Lot" as
defined in Section 10.31 of said ordinance.
3. That all the above described property when combined as one Record Lot is still less
than the minimum lot size required for new lots in the RS District, but that this Record
Lot is being used and/or may be used in the future for any permitted use in the RS
District without adverse effect upon public health, safety or welfare.
CONCLUSION
The City Council of Orono hereby grants a lot area variance to the above
described Record Lot based on the above findings and subject to the following conditions:
Page I of 4
fi:
1.This R^ord Lot including all the above described property combined shall henceforth
be continued in common ownership by the same person or persons even if recorded as
separate lots or tax parcels, and it shall not be subdivided, sold in parts, reduced in area
or otherwise separated without application for and approval of a subdivision by the City.
This condition shall not preclude future sale or transfer of the complete "Record Lot"
as a single unit.
The owner shall legally combine the two tax parcels as a condition of this approval.
Granting this variance means this Record Lot may be used for one-family seasonal
recreating use without a structure; or a single new seasonal dwelling may be built; or
an existing seasonal dwelling may be used, improved, added-onto or replaced; all
without requiring further City Council review of lot size, but subject to strict
compliance with all building permit, setback, hardcover, on-site sewage treatment and
other performance standards for development in the RS District.
Granting variance shall not vest any rights in the property other than as specifically
provided in Ordinance No. 246, and shall not preclude a future City Council from
amending, modifying or otherwise limiting development rights and/or performance
standards in the RS District.
l^e undersigned has read and understood the terms of this resolution and on behalf of
himself, his heirs, successors and assigns, agrees that the above described property
constimtes a single Record Lot; agrees that the Record Lot use may be so limited by
the City; and agrees to the recording of this resolution in the chain of title of the
property.
■ M
Adopted by the Orono City Council on this 28th day of July, 1997.
ATTEST:
Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor
Property Owner(s)
Page 2 of 4
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 28th day of July,
1998, 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.
1
Notary Public
This document is being recorded for the benefit of the City of Orono per Minnesota Statutes
386.77.
i t
State Deed Tax Due Hereon: Exempt
This Instrument was Drafted by:
City of Orono
P.O. Box 66
Crystal Bay, MN 55323
473-7357
Page 3 of 4
.•V V' >
CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
ZONING FILE #2258
NOTICE OF PLANNING COMMISSION
ACTION
DATE OF NOTICE: July 23,1997
TO:Gerald E. Walsh
16950 N. Manor Rd.
Eden Prairie, MN 55346
COPIES TO:
TYPE OF APPLICATION:Variance
DATE OF MEETING: 7/21/97 VOTE:6 FOR 0 AGAINST
Planning Commission recommends the following:
Approval as submitted.
NOTES AND SPECIAL CONDITIONS:
Applicant's next scheduled meeting is confirmed as:
City Council Monday, July 28,1997, meeting starts at 7:00 p.m.
If you desire certified copies of the official Planning Commission minutes, they are available fi’om
the City Recorder after review and approval by the Planning Commission.
II
TO:Chair Lindquist and Orono Planning Commission Members
Ron Moorse, City Administrator
FROM: Michael P. Gaffron, Asst. Planning & Zoning Administrator
DATE:July 14,1997
SUBJECT: #2258 Gerald E. Walsh, 180 Big Island - Lot Area Variance - Public Hearing
Zoning District: RS, Seasonal Recreational.
Application: Request for lot area variance similar to those granted per the RS District ordinances
in 1983.
List of Exhibits
A - Application
B - Plat Map
C - Property Owners List
D - Topographic Map
E - Excerpts from 1983 Information Packet
F - Excerpts from RS District Ordinances
Summary of Application
Mr. Walsh recently purchased 180 Big Island, also known as Record Lot 37, a 100'x280' (0.64 acre)
lot comprised of two tax parcels. This record lot is listed as a substandard buildable record lot in the
RS ordinan ce, which means the City would allow construction of a seasonal cabin and related
amenities.
When the RS ordinance was adopted in 1983, all owners of substandard buildable record lots were
given the opportunity to apply for an "automatic lot area variance" at no charge, by signing and
returning specifrc documents to formalize the buildable lot status. Approximately two-thirds of the
eligible owners took advantage of this, and a few others have dribbled in over the last fourteen years,
typicall as a result of a request for building permit or transfer of ownership. Records indicate 38 of
53 "substandard buildable record lots" have completed the area variance requirement.
Applicant at this time has no specific plans to build on the property, which is currently vacant, but
is requesting the formal lot area variance be granted as was granted to similar properties. Staff has
not required that a survey be submitted at this time because no survey was requested of the other
properties granted such variances. The City would certainly require a survey prior to issuing
building permits for the property. Also, the two tax parcels must be legally combined per Section
10.31 Subd. 6(B).
•
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Zoning File #2258
July 14,1997
Page 2
Staff Recommendation
Staff recommends approval of the requested lot area variance per the provisions of the RS Zoning
District standards, including legal combination.
Options for Action
1. Recommend approval as proposed.
2. Recommend conditional approval.
3. Table for further information (specify).
4. Recommend denial (state reasons).
5.Other.
r
• ♦
Application #
Date Received A 7
Amount Paid A.^n.o*>
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
Afler-the-Fact Fees (Double application fee)
8
IS-
PROPERTY INFORMATION
Site Addres s /^O I Si/jAJrJ 8
Property Identification Number (?.I.D.) I'h 6OIS’/ 22>-jil -ll llOQlfo
Attach legal description to application if not i icluded on required survey.
Date Pro perty Acquired 6/^7 _________________________________(month/year)
I no^also own the adjacent parcels of land.
Present use of property; ___presidential X other (specify)
Zoning District:________________ ____________
APPLICANP-
Name C:>£>2/Qio t (a/AHH
Address ; Aj AUuot:
Phone (home) OTjk
Phone (work) iy)Z ^
City; Zip: SSliL
OWNER (if different than applicant)
Name
Phone (home).
Phone (work)_
Address:City:.Zip:
DESCRIPTION OF REQUEST Estimated Construction Cost $
Describe request in detail: ** lef \>'o.v\wgt
in c'i-j ^ Cjrf.An ~0 a4h/VA»'c£ AttacMcD_________
%attach additional sheets if necessary)
VARIANCES REQUIRED
V Lot Area Lot Widdi 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
compliance with Zoning Code requirements: io"~ _____
Ih I A-yh hy (yf' yeccn)_____
(attach additional sheets if necessary)
r
required submittals
0
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Completed Application Form
Certified Prope^ 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 8!4" x 11" for
reproduction.
Topographic survey (existing and proposed elevations) if any changes in existing
grade are proposed. In addition, provide one (1) copy S'A" x 11" for reproduction.
Sketches or plans of floor & elevation views (provide one (1) copy 8'/a" x 11”)
List of the legal names (include marital status) of all persons with an interest in
toe 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 notifled of this application.
Additional items as may be requested by City staff.
The Applicant and Property Owner must sign this application. Please remember that vour
lariftnw application is not complete if the above info rmation has not hggn 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)
m^oT consultant expenses incurred in review of this application, and certifies that the
information supplied is true^correct to the best of his/her knowledge.
Date q/M')'!Applicant's Signature
OWNER’S SIGNATURE
The owner hereby acknowledges and agrees to this application and further authorizes reasonable
enhy onto the property by Cit^taff, consultants, agents. Commission members, and CouncU
members for purposes of ipvestigation and verification of this request.
Owner’s Signature C O ______j^gte ?
Applicant must have all submittals into toe 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 toe Building
& Zoning Office of this change prior to toe meeting.
8
j
GlTYof ORONO
Municipal Offices
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323 0066
May 23,1997
Gerald Walsh
16950 North Manor Road
Eden Prairie, MN 55346
Re: Record Lot 37 (Address: 180 Big Island)
Dear Mr. Walsh:
Enclosed per your request is a copy of the zoning ordinances for the RS Seasonal Recreation District.
Also enclosed is additional information from our files regarding the status of buildability of the
property.
Record Lot 37 is listed as a Substandard Buildable Record Lot. Owners of all such lots were given
the opportunity to apply for a no-cost Automatic Lot Area Variance in 1983. The prior owners of
your property did not take that opportunity, hence before the City could issue building permits, you
would have to make a lot area variance application. I believe this is more a technicality than a
problem, since per the zoning ordinances, the lot is intended be buildable.
You would have to provide a survey of the property and othc. items as part of the variance
application process. Please contact me at 473-7357 if you wish to proceed with such an application.
Michael P. Gatiron
Asst. Planning & Zoning Administrator
end.
Telephone (612) 473-7357 • FAX 473-0510
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16/04/97
58 25-117-23 23 OOlS
00180 BIG ISLAND
CAROL J MCCARTY
CAROL J MCCARTY
1984 HRAN6LERS HAY
COTTONNOOD AZ 86326
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38 23-117-23 .23 0020
00160 BIG ISLAND
JOHN D URAN A NIFE
JOm D URAN
PO BOX 290
BIG ISLAND
; EXCELSIOR MN 55331
;v .
38 23-117-23 23 0032
00^00 BIG ISLAND
JAMES N OGLAND
JAMES N OGLAND
3345 CRYSTAL BAY RD
HAY2ATA MN 55391
». . •
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HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY ONNERS LIST
38 23-117-23 23 0016
00180 BIG ISLAND
CAROL J MCCARTY
CAROL J MCCARTY
1984 HRAN6LERS HAY
COTTONNOOD AZ 86326
38 23-117-23 23 0028
00220 BIG ISLAND
GEORGIA RUUD ET AL
I MARGARET SCHEFTEL
P 0 BOX 176
EXCELSIOR MN 55331
38 23-117-23 23 0035
00190 BIG ISLAND
STEPHEN R O'GARA
STEPHEN R O'GARA
2914 H 44TH ST
MPLS MN 55410
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REPORT NO. PI435401 PAGE 7
38 23-11/-23 23 0019
00160 DIG ISLAND
JOHN D URAN
JOHN D URAN
PO BOX r.90
BIG ISLAND
EXCELSIOR MN 55331
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38 23-117-23230029
00170 BIG ISLAND
JOSEPH M A MARIE J BACKED.
JOSEPH M a MARIE J BACKES
LOT 31 BIG ISLAND
BOX 183
EXCELSIOR MN
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TOTAL BATCH 504 00008
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I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE •
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST
OF MY KNOWLEDGE AND BELIEF. . ^ i I '
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CITY of ORONO
Post Office Box 66 •Crystal Bay, Minnesota 55323•Municipal Offices
On the North Shore of Lake Minnetonka
February 15, 1983
Lecord Lot HyT_
MarinrrTSnser
6621 Uatervan Ave.
Cdina. im 55343
Dear Island Landowner:
The purpose of this letter is to provide you with information regarding
the recent zoning changes on Big Island, and how these changes may
affect your property.
The new RS Seasonal Recreational zoning regulations were established *.
by City Council adoption of Ordinance #246 on December 30, 1982. This
action also ended the development moratorium that had been in effect
since November 9, 1981.
A summary of the ordinance is attached. If you are Interested, a
complete text of the ordinance is also available for a nominal charge
of $3.00 to defer printing and mailing costs.
Your property is identified in the ordinance by the Record Lot Number
shown above and on the attached blue page. This identification is part
of a special section that inventories lot by lot the ownership patterns
and existing uses of Island property. Based on this record, the ordinanc
then "grandfathers" building rights for these Record Lots by making them
eligible for lot area variances. This means that for the first time
even if your lot is less than five acres (or two acres under the previous
ordinance) that you may now build a new seasonal cabin, or if you already
have a cabin,that it may continue to be used, improved, added-onto or
replaced with a new cabin, subject to building i|^ermits and setback
regulations, etc., but without questioning its iTse for building purposes,
and without requiring any special City Council review.
In order for you to automatically receive the benefits of the lot area
variance, you should review and complete the following before July 3,
1983:
1. Please verify the Record Lot information on the attached blue page
and notify the City if there is a problem or a change.
(over )
BUILDING & ZONING - 473-7357
ASSESSING
ADMINISTRATION & FINANCE - 473-7358 PUBLIC WORKS - 473-7359
Island Landowners
February 15, 1983
Page 2
2. If the Record Lot information is complete, please sign, have
notarized and return the white Variance Resolution. State law
requires that all zoning variances be recorded with the County
Recorder in resolution form. Returning this resolution is optional,
but if you choose not to do so, you may be required to pay a fee
and file a formal variance application in the future if you ever
plan to do any building on the property. There is no fee for having
this automatic variance recorded at this time.
3. If your Record Lot consists of two or more separate tax parcels, a
green form for requesting a combined assessment is enclosed. Please
sign and return this to the City to allow your tax records to be
changed into one parcel consistent with the zoning and to assure
the most favorable tax rate possible.
a
A. A conditional use permit issued by the City Council is required
for certain land uses in the RS District, including the following
residential uses:
a) If you use or have used your cabin FOR MORE THAN 180 DAYS/YEAR.
b) If you have MORE THAN ONE CABIN on your property.
Refer to the enclosed yellow sheet for a definition of these uses
Including a description of when a special permit is or is not require
If you wish to apply for a permit, mark the yellow page and return it
to the City. We will send you. the appropriate application form by
return mail.
I(
A postage-paid envelope is enclosed for your use in returning the above
forms to the City. If you have.any questions about this, please call ,
Alan Olson or Jeanne Mabusth at A73-7357. i
j
On behalf of the City Council and Planning Commission, I want to take
this opportunity to thank each and everyone of you whose Interest and
participation this past year has helped so much in the completion of
this planning process. I have certainly enjoyed meeting all of you and
learning so much about your island. I hope this last step can be kept
as simple as possible so that your property rights can be correctly
recorded for your future benefit.
Sincerely,
Enclosures
EAR.
§ 10.31
G. Permit Limitations. A permit issued under this
Subdivision shall not grant or vest any property rights to use of
the public right-of-way or other public property, or in any
improvements^ made thereto. Permits issued under this Subdivision
shall be valid for one year, shall be subject to change, alteration
or revocation for cause by the Council at any time, and shall be
automatically renewable on the anniversary of the date of issuance
except upon written notice from the City to the permittee at least
thirty days prior to the anniversary date.
H. Hold Harmless. As a condition of issuance of
any permit, the applicant shall in writing release, indemnify and
hold harmless the City from any and all claims or causes of action
arising out of the use or alteration of the platted right-of-way by
applicant or his invitees.
!• Permit Hearing and Notice. The Planning
Commission or the^ Council shall hold a public hearing or hearings
on each application for a permit. Notice of the public hearing
shall be alven not less than ten days or more than thirty days
prior to the date of the hearing by publication in the legal
newspaper for the City. Such notice shall contain the description
of the land and^ the proposed use. At least ten days be fore the
hearing, the City Clerk shall mail an identical notice to the
applicant and to each of the property owners within 350 feet of the
outside boundaries of the land in question. Failure of the
property owners to receive notice shall not invalidate the
proceedings. At the public hearing, the Planning Commission or the
Council shall review the application and the statements and
drawings submitted therewith and shall receive pertinent evidence
concerning the proposed use and the proposed conditions under which
it would be operated or maintained.
Subd. 6. Lot Area Requirements. Within any ”RS"
Seasonal Recreational District, no new lot or parcel shall be
created less than 5.0 acres in dry buildable lot area exclusive of
any designated wetlands. Within any "RS” Seasonal Recreational
District, the following provisions shall govern the buildability,
use and/or subdivision of each existing record lot as defined and
identified therein;
A. Record Lot Definition. For purposes of the "RS" y
Seasonal Recreational District, a "record lot" shall mean all the •
contiguous or abutting land owned in common by the same person or
persons as of November 9, 1981, or at any time such common
ownership may occur thereafter, including one or more separately
platted lots or unplatted parcels of land, and/or one or more
separately identified tax parcels. Because of the unique
circumstances and actual use patterns existing on the islands, also
incl’’ded within the definition of a "record lot".is commonly-owned
land that is contiguous except for being separated only by platted
ORONO CC 313 (4-1-84)
S 10.31
unopened public right-of-way. Each record lot as defined and
identified herein shall be considered in its entirety to be one lot
for zoning purposes.
■
1. The effective date for determination of
common ownership is November 9r 1981, the date of adoption of BH
Ordinance No. 238 establishing a moratorium on development,
including land subdivision, on the Lake Minnetonka Islands. Common
ownership as of that date has been and shall be determined by the
deeds of record at the Hennepin County Recorder's Office. This
definition shall not preclude the City from recognizing or
enforcing the common ownership/lot of record provisions of
Ordinance No. 172, or any other similar prior ordinance.
2. The Council has identified and hereby
establishes 69 record lots on Big Island, Mahpiyata Island and
Deering Island as listed by Record Lot Number in the left-hand
column of Subparagraphs D, E, F and G of this Subdivision. Each
such record lot shall include all land identified by all tax parcel
property identification numbers (PID's) grouped together following
the Record Lot Number.
3. Within sixty days after adoption of .thisrj
Section, the owner of each record lot shall be notified in writing
at his last recorded address of the classification of each record
lot, including all tax parcels determined to be included in such
record lot. All existing uses in the "RS" District are identified
in the Record Lot Inventory, Subparagraphs D, E, F and G of this
Subdivision, and all such uses have been deemed to be seasonal in
nature. The notice shall provide that in order to receive the
benefits of the automatic lot area variances granted by
Subparagraphs F and H of this Subdivision, the owner shall on a
form provided by the City acknowledge the record lot and shall
apply for combination of all separate tax parcels pursuant to
Subparagraph B of this Subdivision. Any record lot owner may
appeal the record lot classification or use determination to the
Council with no application fee required within six months of the
effective date of this Section. The Record Lot Inventory shall be
considered accurate and final for all properties except those found^_
on appeal to have a demonstrable cause for change or adjustment.
4. Notice of record lot establishment ^s^^
determined herein shall be filed by the City in the chain of
of each property.
Future changes in tax parcel property«|
identification numbers caused by combination of parcels for taxjH
5.
purposes or for any other reason shall not alter the establishment
of record lots listed hereinafter. New record lots shall be
created only by Council approved subdivisions pursuant to^
Subparagraph C of this Subdivision, or by combination of two o*"
more complete record lots listed hereinafter.
ORONO CC 314 (4-1-84)
P
P
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1
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S 10.31
building permit^’Parcel Combination Required. No new
for any p^urpos4 on an^v^recnJd^'^nV^"^^ use permit shall be issued
parcels unless or unt-n composed of two or more tax
pL%e"l --bination of lirUL^lf-owner property^^iJto^
area, leased or otherwise separated^wifchnnh reduced inCouncil approval of a application for and
Subdivision Regulations Chanfcer t^ b Vi - ®P^o>^<3ance with thebe approved and addihi^ ^ * ^uch subdivisions will normallyrLultino additional new record lots created only if all
fluowsl dry-buildable lot area, except «
SIrmaYlVbe Ipptovld."®'' "'"buUdinV^itrw^
Vro^lLTL
without necessarily creating^^„'^'’dVi\'lontl®"suU\andtid ^In^
•** •• -♦ ^ ^
following recor'd Icfts^lre ^he\^ebv i^A inventory. The
determined to have a drv-buildahle f^^^blished, each of which is
per owner Therefor-^ ^ ^n excess of 10.0 acres
subdivided' into two or mor^ following record lots may be
lot area requirement! -nformance with the minimum
application a^d aonro!,.! ^ Subdivision subject to subdivision
Subdivision and to^tho <fto Subparagraph C of this
lots are Subdivision Regulations Chapter. Record
property identified therpaf!*^^ Lot Number, and each includes all
ideStifLation numbe*^^^^^ property
ORONO CC 315 (4-1-84)
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REQtJEST FOR COtJNCIL ACTION
<?
DATE: July 24, 1^^ 'ij
%
ITEM NO h
Department Approval: Administrator Reviewed: Agenda Section:
Name Elizabeth Van Zomeren Zoning
Title City Planner/Zoning Administrator
Item Description:#2260 Benjamin Milbrath
3265 Carman Road
Variances and Conditional Use Permit - Resolution
2U>ning District:LR-IB One Family Lakeshore Residential District (1 acre)
Lot Area:19,985 sq. ft. (.46 acres)
Application:The applicant is requesting variances and a conditional use permit to
replace a 4' wood retaining wall in the 0-75' lakeshore setback. A
variance is also requested to locate a retaining wall in the side yard to
replace a timber wall walkway.
Planning Commission Action:
To approve (6-0):
1. A conditional use permit to replace a retaining wall in the 0-75' lakeshore
setback.
2. A variance to allow a retaining wall in a required 10' side yard on the north side
of the property as shown in Exhibit C.
3.A variance to allow 673 sq. ft. (9.4%) of hardcover in the 0-75' lakeshore
setback viiere 1,252 sq. ft (17.57%) is existing and none is allowed, and in the
75-250' lakeshore to allow 3,456 sq. ft. (26.87%) where 3,614 sq. ft. (28.1%) is
existing and 3,215 sq. ft. (25%) is allowed.
COUNCIL ACTION REQUESTED:
To amend or approve the enclosed resolution.
Isv
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A RESOLUTION GRANTING
VARIANCES TO MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 19, SECTION 10.22, SUBDIVISION 2 AND
SECTION 10.24, SUBDIVISION 5 AND
A CONDITIONAL USE PERMIT
PER SECTION 10.09, SUBDIVISION 6
FILE NO. 2260
WHEREAS, Benjamin Milbrath and Karen Milbrath (hereinafter the "applicants ”)
are the owners of the property located at 3265 Carman Road within the City of Orono (hereinafter
"City") and legally described as follows:
Lot 5, Block 1, Carman Cove, Hennepin County, Minnesota (hereinafter the
"property"); and
WHEREAS, the applicants have applied to the City for variances from Municipal
Zoning Code Section 10.03, Subdivision 19, Section 10.22, Subdivision 2 and Section 10.24,
Subdivision 5 to replace a retaining wall in the 0-75' lakeshore setback and to remove a timber
walkway in the north side yard and replace it with a retaining wall. Variances for side yard setback
to allow a retaining wall in the required 10' side yard along the north property line; hardcover in the
0-75' lakeshore setback where 673 sq. ft. (9.4%) is proposed and 1,252 sq. ft. (17.57%) is existing
and none is allowed; hardcover in the 75-250' lakeshore setback where 3,456 sq. ft. (26.87%) is
proposed and 3,614 sq. ft. (28.1%) is existing and 3,215 sq. ft. (25%) is allowed are required. A
conditional use permit for replacing a retaiing wall in the 0-75' lakeshore setback is required.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #2260.
2.The property is located in the LR-IB One Family Lakeshore Residential Zoning
District where the minimum lot area requirement is one acre.
Page 1 of 4
3.
4.
5.
The Orono Planning Commission reviewed this application on July 21, 1997 and
recommended unanimous approval of the proposed variances and conditional use
permit based upon the following unique findings and hardships:
The zoning lot does not meet minimum lot area or lot width requirements.
b. The topography of the lot drops 22' from the front yard to the lakeshsore.
c.
d.
The north side yard has a steep topography that slopes down to the lakeshore.
The timber retaining wall was in a deteriorated condition and has been
removed. Work has been stopped on replacement of the wall until the
approporiate variances and conditional use permit are obtained.
e. The amount of hardcover will be reduced.
f. Previous variances were granted for hardcover on this lot.
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
variances would not adversely affect traffic conditions, light, air nor pose a fire
hazard or other danger to neighboring properties, would not merely serve as a
convenience to the applicants, but is necessary to alleviate a demonstrable hzirdship
or difficulty; is necessary to preserve a substantial property right of the applicants;
and would be in keeping with the spirit and intent of the Zoning Code and
Comprehensive Plan of the City.
The City Council find? ‘hat granting a conditional use permit to allow the antenna
structure at 7C will no' < detrimental to the health, safety or general welfare of the
public, would not advt ly affect light, air nor pose a fire hazard or other danger to
neighboring properties, nor will its use depreciate surrounding property values and
that the proposed level of use of the property will be in keeping with the intent and
objectives of the Zoning Code and Comprehensive Plan of the City.
Page 2 of 4
- •
CONCLUSIONS, ORDER AND CONDITIONS
Based ujwn one or more of the above findings, the Orono City Council hereby grants
a conditional use permit, a side yard variance, and hardcover variance in the 0-75' and 750-250’
lakeshore sctbick per Municipal Zoning Code Section 10.03, Subdivision 19, Section 10 22
Subdivision 2, Section 10.24, Subdivision 5 and Section 10.09, Subdivision 5 to permit replacement
of a timber retaining wall with a concrete block wall in the 0-75' lakeshore setback and to remove
a timber walkway in the required north side yard and replace with i retaining wall, subject to the
4.
The retaining wall and wlkway will be constructed as shown in Exhibits C and E.
Authorities granted by this resolution run with the property not with the owners, but
areprmissive only and must be exercised by application for a building permit permit
within one year of the date of Council's approval, or the special conditions of this
resolution will expire on that date (July 28, 1998).
Violation of or non-compi./jn’t with any of the terms and co.*Jitions of this
resolution shall constitute , violation of the Zoning Code, shall automatically
terminate any authority gianted herein, and shall be punishable as a misdemeanor.
'^e 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 28th day of July, 1997.
ATTEST;
Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor
Property Owner(s)
Page 3 of 4
STATE OF MINNESOTA
COUNTY OF HENNEPIN
ss.
The foregoing instrument was acknowledged before me on this 28th day of July, 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.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Notary Public
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.
STATE OF MINNESOTA
Notary Public
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 tlie 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:
FROM:
Chair Lindquist and Orono Planning Commission Members
Ron Moorse, City Administrator
Liz Van Zomeren, City Planner/Zoning Administrator
DATE:July 16,1997
SUBJECT:#2260 Benjamin Milbrath
3265 Carman Road
Variances and Conditional Use Permit-Public Hearing
Zoning District: LR-IB One Family Lakes’-iOre Residential District (1 Acre)
Lot Area:19,985 square feet (.46 acres)
Application:The applicant is requesting variances and a conditional use permit to
replace a 4' wood retaining wall that has rotted in the 0'-75'
setback. The applicant is also requesting a variance to remove a walkway
constructed of timbers in the sideyard to replace it with a retaining wall.
Pertinent Ordinances:
Section 10.03, Subd. 19, Prohibition.
Section 10.09, Subd. 6, Conditional Use Permit
Section 10.22, Subd. 2, Lakeshore Hardcover Land Alteration Regulations
Section 10.24, LR-IB, One Family Lakeshore Residential District, Subd. 5.
U2260 Benjamin Milbrath
3265 Carmen Road
Variances and Conditional Use Permit
PC: 7/19/97
page-l
ANALYSIS
Lot Area and Yards
LR-IB District Standards
Lot Area Lot Width Front Yard Side Yard Rear Yard
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
19,985 sq. ft.
(.46 acres)
105' ft. (app.)35' (app.)9.8' and 10'85' from house
deck encroach *s
into 75' setback
The subject property does not meet the required lot area and lot width minimums. The house
encroaches several inches into the required north side yard. The deck encroaches into the
required 75' lakeshore setback.
A side yard variance is needed to replace the walkway along the north side of the property with a
retaining wall.
Structural Coverage
Structural coverage is not impacted by the proposed retaining wall replacement.
Hardcover
Distance
from
Shoreline
Total Area in
Setback
Existing
Hardcover
Allowed
Hardcover
Proposed
Hardcover
Variance
Requested
0'-75'7,125 sq. ft.1,252 sq. ft.
(17.57%)
None 673 sq. ft.
(9.4%)
673 sq. ft.
(9.4%)
75'-250'12,860 sq. ft.3,614 sq. ft.
(28 1%)
3,215 sq. ft.
(25%)
3,456 sq. ft.
(26.87%)
241 sq. ft.
(1.87%)
#2260 Benjamin Milhrath
3265 Carmen Road
Variances and Conditional Use Permit
PC: 7/19/97
page~2
The proposed replacement of the retaining wall and sidewalk reduces hardcover in both the 0'-75'
and 75-250' setbacks. A variance for 9.4% in the 0'-75' setback and 1.87% in the 75'-250'
setback is required. Previous variances to allow 28% hardcover in the 75'-250' setback were
granted.
«
STATEMENT OF HARDSHIP
The applicant has provided an explanation of his request, please see Exhibit AA.
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 residence, however, the rotted wall has been
removed and the applicant's deck needs to secure his deck.
2. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The landowner's situation is created by the condition of the retaining walls that were on
the property, his desire to replace them, the location of the retaining wall in the required
lakc:hore setback, and the topography of the zoning lot.
3. The variance, if granted, will not alter the essential character of the locality.
The variance for a side yard setback, hardcover, and lakeshore setback wU
not change the character of the area.
4.Economic considerations alone shall not constitute an undue hardship if reasonable
use for the property exists under the terms of this chapter.
5.
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.
U2260 Benjamin Milbrath
3265 Carmen Road
Variances and Conditional Use Permit
PC: 7/19/97
page-’S
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Issues
1.
2.
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The zoning lot does not meet minimum lot area or lot width requirements. The north side
of the house encroaches several inches into the required 10* side yard.
The topography of the zoning lot drops 22 feet from the front yard to the lakeshore. The
side yard on the north property line where the applicant wants to replace the timber
walkway uith a retaining wall has significant grade changes.
The retaining wall has been removed along the deck and it needs to be secured.
Previous variances were granted for hnrdcover.
STAFF RECOMMENDATION
To approve a conditional use permit to replace a retaining wall along the deck and construct a
new retaining wall to replace a walkway in the side yard and to grant variances for lakeshore
setback, side yard, and hardcover to allow the retaining walls as shown in Exhibit C.
Attachments
Application
Plat Map
Proposed Survey
Old Survey
Retaining Wall information from contractor
Hardcover Calculations
Building Pad sketch
Topography Map
Permit History
11
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#2260 Benjamin Milbrath
3265 Carmen Road
Variances and Conditional Use Permit
PC: 7/19/97
page~5
Application # <^3LC^q
Date Received /Qn
Amount Paid
A
CITY OF ORONO - GENERAL LAND USE APPLICATION
PROPERTY LOCATION ^ ^ i i
Site Address >2 o I
Type of Application to be Filed_____________________________________
Property Identification Number (P.I.D.) 1^___QO 11
APPLIC
Name_________________________
Address Zc»^ tc^rrAA^ I2e. a^/
OWNER (if different than applicant)
Name _____________________
Phone (horne d
_______ Phonefwork ’l QlL 3*i6 I
City C.vg^V«..o r- Zip__£U3_L
Phone (home).
Phone (work)_
Address *.City Zip.
o/Vv.|H"ioDate Property Acqxiired ___
I (do) (do not) also own the adjacent parcels of land
FEES - CONDITIONAL USE PERMITS -
_____$ 75.00 For each variance request with CUP application
_____$175.00 Residential Accessory Use
_____$250.00 Institutional (church, school, etc.)
_____$225.00 Guest House/Guest Apartments
_____$200.00 Duplex Credit/Bldg
_____$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
_____PRD/PID - see Fee Schedule
$150.00 Renewal Fee (no change from original application)
After-the-Fact Fee - Double Current Application Fee
(month/year)
OTHER APPLICATIONS
_____$250.00 Commercial Site Plan Review (+ consultant fees)
_____$300.00 Vacation
_____$200.00 Easement Vacation
_____$100.00 Easement Vacation With Subdivision
_____$350.00 Rezoning (PUD - refer to fee schedule)
______$350.00 Comprehensive Plan Amendment
_____$100.00 Appeals
Other - see Fee Schedule
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REQUIJfcED SUBMITTALS
L Completed Application Form.
2.
3.
4.
5.
6.
7.
8.
9.
«^^»^escribe 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 survey
information.
Attach legal description to application if not included on required survey.
Topographic survey (existing and proposed contours) if land alterations involve
changes in elevation (grades).
List of the legal names (include marital status) of all persons with an interest in
^ the property. This would include name(s) of applicant(s) if not current owner(s).
/ Construction plan, if applicable (see staff for requirements).
As an addendum to this application, please attach a separate list of any other
■persons you wish notified of this application.
YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY
FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS
SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be
submitted.)
The Applicant and Property Owner must sign this application. Please remember tliat 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-, reyjew of this application, and certifies that the
information supplied is true qri^wrrect to th^Tjest of his/her knowledge.
Applicant ’s signature . Dale
OWNER'S SIGNATURE
The owner hereby acknowledges and agrees to this application and further authorized
reasonable entry onto the proper^ by City staff. consultants, agents, commission members,
and Council members ^ purpoa€^f invesfigMion 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 advise the
Building & Zoning Office of this change prior to the meeting.
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AK z,.
VARIANCE REQUEST
y^plicant seeks a variance from the side setback requirements in the 0-75’ zone and the
75-250 ’ zone and a hardcover variance in the 0-75’ zone to replace existing (previous
variance granted in 1986) wood retaining walls that are rotting and to decrease the
hardcover amount in the 0-75’ zone by replacing current landscaping fabric & chips with
grass.
HARDSHIP STATEMENT
A hardship exists in that the current retaining wall supports the base of the existing deck,
pool and house. With its current condition there no longer exists proper structural support
for the dirt wall which the structures rest upon and the hill will wash away over time. A
second hardship exists on the side of the house where the existing walkway to the lake is
constructed and the timbers are deteriorating, if such timbers are left as is there will be no
safe access to the back of the property and their will be nothing lo prevent the ei nsion of
the hill suppporting the side and back foundation of the house.
DESCRIPTION OF REQUEST
Applicant Wishes to remove existing, previously approved 4 ’ high wood rotted retaining
wall in the 0-75’ zone that runs parallel to and supports the hill that the existing deck, pool
and house are located on. Applicant also wishes to remove landscaping fabric hardcover
and woodchips in front of the old retaining wall and replace it with grass. Applicant would
like to replace the wooden wall with a more durable 5’ high wall constructed of keystone
retaining block. Engineering diagrams and approvals / cerification of design are included.
Applicant would also like to remove the existing walkway along the side of the house that
leads down to the lake consisting of rotting landscape timbers, landscape fabric and rock
and replace it with a outer retaining wall of keystone block and remove the landscaping
timbers and fabric and rock and replace it with a grass walkway.
By replacing the current retaining walls and steps the applicant will remove 579 squaic
feet of hardcover in the 0-75’ zone and replace it with grass. In addition the replacement
of the timber and rock walkway will allow for water drainage to flow through our own lot
into our backyard instead of overflowing onto the next door neighbors lot and eroding
their hill.
ENGINEERING DIAGRAMS AND STATEMENT OF ENGINEERING
APPROVAL/ CERTIFICATION ON FOLLOWING PAGES
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e hereby certify that this Is a true am! correct representation of a .survfy i.f iI k-
- ‘•escribed and of the location of all lnil!dln|;s. if any. .............
and nil Visible encroachments, If any, from or on saidr,..i_.i .
of______________JMaj'___________., 19 IIfj^.?9l.li d:tv
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TEL:Jun 1$’9? U’:4T. No.003 P.02
i I KhYSIONE
June 18.1997
<1^/0 oMr. Jeremy Banken
Meadowood
18435 Highway 55
Plymouth, MN 55446
Re: Milbrath Residence
Orono, Minnesota
Dear Sir,
Attached Is a copy of the Keystone gravity wall design chart for various site conditions.
Per your description and field .sketches, the walls will not exceed 5’ in height,
experience no additional surcharges, and be constructed in predominately clay soils.
Vi •
msm TEL:T^'42«rninn:^.vv Jun 18'97 16:43 No.003 P.031^ VllL»»»^ .W.*.^ m4
177^ luiidiurii:Retaining Wall Sysicms • 4444 Wcsi 78ch Sc.• Mlnncipolb. MN 55435 • (612)897-1040 • (800)747-8971 • F«(612)897 )858
Total
Height
Siop«
Retained Soil Type
>^xxx
NEAR VERTICAL WALL
(Minimum setback per unit)
STANDARD UNITS
Total
Height
Slope
Retained Soil Type
ONE INCH SETBACK WALL
(1 'setback par unit)
COMPAQ UNITS
STANDARD UNITS
COMPAC UNITS
Notes:
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HARDCOSETBACK ZONE: (CIRCLE ONE)EXISTING HARDCOVER IN ZONE
A. House ______________
Length
Sfi^J0-75'lULATION WORKSHEET 75-250’ 250-500’500-1000’
Width
B. Garage
C. Driveway
D. Sidewalk lO *
-4^8 '
E. Patio/Deck /^Zi 2.
i-\
F. Landscape
Underlain
By Plastic
Or Fabric
G. Other
jrn a
c-^A-vX ^
io
^OTAL HARDCOVER IN ZONE
TOTAL PROPERTY aR£a IN ZONE
A __n . ^ B niz6
PROPOSED HARDCOVER IN 70IVF
A. House ______________
Length Width
f
V-
B. Garage _________
C. Driveway _________
D. Sidewalk ^ *
5VcpS -----------
E. Patio/Deck Lj Z. 7
X
5 '
l2
F. Landscape
Underlain
By Plastic
Or Fabric
no lo
12 cAa* A' 3
<?TOTAL HAPJDCOVER IN ZONE
X 100 »
S.F.
TOTAL PROPERTY AREA IN ZONE ^ ^
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HARDCOVER CALCUL.maJ>MVORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75’ ^5-250W 250-500’EXISTING HART^COVER IN ZONEA. House ^
L^ogth Width
B. Garage
C. Driveway
D. Sidewalk f ^4-Av •' S
E. Patio/Deck
F. Landscape
Underlain
By Plastic
Or Fabric
G. Other
A-WCt—'A-J c> I Ji <1. OT V\.o->ScL-
^ TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
B \ZSL>0 X 100 =
-(i.-
PROPOSED RARDCOVER IN ZONE
A. House C c'^ r>,j<Lv 7
Length I
X
X
Width
• >
B. Garage
C. Driveway
D. Sidewalk/^’j-A v/* S
- •
E. Patio/Deck
F. Landscape
Underlain
By Plastic.
Or Fabria
___ . 2Z'
V-Voo-xi-
' TnTAI. HARD*
G. Other
IV
TOTAL HARDCOVER ZONE
TOTAL PROPERTY AREA IN ZONE , « *
A 1- B I Z.6CO X 100 =
500-1000’\ S S.F.
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THIS HIM HilS BEEN
microfilmed
326.*; CAPNA^N eOAD
REQUEST FOR COUNCIL ACTION JOi ^* 0> ^DATE: July 23, 1997
Department Approval: Administrator Reviewed:
Name Elizabeth Van Zomeren
Title City Planner/Zoning Administrator
Agenda Section:
Zoning
Item Description:#2261 Tony Eiden Company
345 Leaf Street
Variance - Resolution
Zoning District:LR-IA One Family Lakeshore Residential District (2 acres)
Lot Area:
A
^5^7,039 sq. ft. (1.77 acres)
The applicant is a developer who has a purchase agreement on the
property located at 345 Leaf Street. The applicant intends to remove the
existing residence and construct a new residence. A lot area variance is
requested to allow new construction.
A RESOLUTION GRANTING A VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 10.23, SUBDIVISION 6
FILE NO. 2261
WHEREAS, Tony Eiden and Diane Eiden (hereinafter "the applicants") have an
interr^st in the property located at 345 Leaf Street within the City of Orono (hereinafter "the
City") and legally described as follows:
the East 310 feet of Lot 12 and the East 310.00 feet of the North 124.7 feet of
Lot 13, Auditor ’s Subdivision Number 203, Hennepin County, Minnesota
(hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for a variance from
Municipal Zoning Code Section 10.23, Subdivision 6 to remove an existing residence and
construct a new residence. A variance for lot area to reduce the required lot area from 2 acres
to 1.77 acres is required.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
3.
FINDINGS
This application was reviewed as Zoning File #2261.
The property is located in the LR-IA Single Family Lakeshore Residential
Zoning District where the minimum lot area requirement is two acres.
The Orono Planning Commission reviewed tliis application on July 21, 1997 and
recommended unanimous approval of the proposed variance based upon the
following unique findings and hardships:
A. The zoning lot is 77,039 sq. ft. (1.77 acres) and does not meet the
minimum lot area requirement of 2 acres.
Page 1 of 4
4.
B. The applicants have obtained the owner ’s consent to apply for a lot area
variance.
C. No other variances for construction of a new residence are anticipated.
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 vanance 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
grante a lot area variance to reduce the required lot size from 2 acres to 1.77 acres per
M^cpal Zomng Code Sec.ion 10.23. Subdivision 6 lo permil removal of an existing residence
and construction of a new residence, subject to the following conditions:
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
uilding permit within one year of the date of Council approval, or this variance
will expire on that date (July 28, 1998).
Violation of or non-compliance with any of the terms and conditions of this
vanance shall constitute a violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a
misdemeanor.
1.
2.
Page 2 of 4
ss.
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
On this_______day of
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.
.. 199___, before me a Notary
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:
FROM:
DATE:
SUBJECT:
Chair Lindquist and Orono Planning Commission Members
Ron Moorse, City Administrator
Liz Van Zomeren, City Planner/Zoning Administrator
July 14,1997
#2261 Tony Eiden Company
345 Leaf Street
Lot Area Variance—Public Hearing
Zoning District:
Lot Area:
Application:
One Family Lakeshore Residential District (2 Acres)
square feet (1.77 acres)
The applicant has a purchase agreement to buy the property at 345 Leaf
Street and remove the existing residence to construct a new residence.
The lot is less than two acres in size and a lot area variance is required.
Pertinent Ordinances:
• Section 10.23, LR-IA One Family Lakeshore Residential District, Subd. 6, Area,
Height, Lot Width and Yard Requirements
ANALYSIS
Lot Area and Yards
LR-IA District Standards
Lot Area Lot Width Front Yard Side Yard Rear Yard
2 acres 200 feet 50 feet 30 feet 50 feet
Subject Property Lot Area and Yards
The subject property meets the lot width requirements. The building pad drawn by staff on the
existing survey indicates that a new residence could most likely meet the setback requirements.
The lot area is 1.73 acres, so a variance is needed.
U2261 Name: Tony Eiden Co.
Address: 345 Ua/St.
dateofPC:July2l. 1997
page---I
i *■
i
I :■
Structural Coverage
A building plan for the new residence has not been provided, however, structural lot coverage
should not be an issue.
Hardcover
Hardcover is not an issue for this application.
STATEMENT OF HARDSHIP
The lot is an existing lot that is less than the minimum lot size requirement for the LR-1A zoning
district.
rriteria 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 residence.
2.The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
3.
The applicant desires to purchase the lot to construct a new residence.
The variance, if granted, will not alter the essential character of the locality.
Without building plans for the new residence, staff cannot determine what impact a new
residence will have on the character of the area.
4.Economic considerations alone shall not constitute an undue hardship if reasonable
use for the property exists under the terms of this chapter.
The applicant is a developer who has a purchase agreement on the propert}'. Without
a variance, a new residence cannot be constructed on the subject property.
U2261 Name: Tony Elder* Co.
Address: 345 Ua/Sl.
date of PC: July 21.1997
page —2 __________________
•jficrtiRi
ran
ran r«iiTiTti iijort
lT«MwriT5f5lWil
rac^
raflHwrti iTf
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^•TOKHslfTi]
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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 lot size is existing and cannot be increased to meet the minimum lot size requirement
unless more land was acquired from the adjacent owner.
Issues
4.
5.
The lot can meet all of the setback requirements for the zoning district. However,
it does not meet the minimum lot size requirements.
Staff prefers to have the building plans for the new residence to determine the
impact on the character of the surrounding property.
The zoning lot is adjacent to the Luce Line Trail. Existing vegetation on the
property that screens the residential lot from the trail should be preserved.
The topography of the zoning lot slopes from Leaf St. to the exisii-ng residence
approximately 10'. The applicant will have to provide drainage plans for the Building
staff.
The applicant needs to provide a signature from the owner of the property that
they have permission to apply for the variance.
STAFF RECOMMENDATION
To request that the applicant provide more information regarding the type of residence
to be constructed and its proposed location on the lot relative to the Luce Line Trail.
Attachments
A Application
B Plat Map
C Topographical Map
D Existing Survey
E Lot Area Calculation
F Permit History
U2261 Same: Tony Eiden Co.
Address: 345 Leqf St.
date ofPC: July 21, 1997
page—^
Classen
Lake
ORONO
I ■«<
1
Maxwell
««I Bay C
Application ff
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 $220.0l
After-the-Fact Fees (Double application fee)
PROPERTY INFORMATION
SiteAddress 3 JL f ^ /
Date Received Cfi/9,(plCT\
Amount Paid XxO
T/idi^u ^
Property Identification Number (P.I.D.) n5 Jfl /V ^
Attach legal description to application if not included on required surrey
-----------------------------------------------_____(raonth/year)
I (do) also own the adjacent parcels of land.
Present use of property: X. residential
Zoning District: ) P-\L
other (specify)
APPLICA^ , p Phone (home)_ V7/^ - VVS-, .
—LUfl f/ f ______ Phone (work) ^ /
AprXsh'ir^ ^.Citv: /Pi\X^
Phone qiome)^7Z.37'^
Phone (work) ‘ "
OWNER (if^erentiyifferent t^ applicant) Phc
^ ^Phc
UP Qr(Mi2f:Pj
DESCRIPTION OF REQUEST Estimated Constmction Cost $ S^
Dpcribe request in detail: _. rn > Yl^ \/r X t tit a, /, ij .5'<^ ^
huWd a. yif u) 7 'a. /If u) DK^.
(attach additional sheets if necessary)
VARIANCES REQUIRED
Lot Area ___Lot Width
Setback:Front Side
Hardcover
Rear
Lot Coverage
Average Lakeshore
Other (specify)
HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe undue hardship or practical difficulty m unusual property conditions preventing
compliance with Zoning Code requirements: /t/O-P ^ /T^yL^^ P
06/26/97 Pay 220.00
(attach additional sheets if necessary)
)7.29 240 173 \ :
REQUEST FOR COUNCIL ACTION JUi
DATE: July 24, 19970^ ^
ITEM NO = //•
Opf.
Department Approval:
Name Liz Van Zomeren
Title City Planner
Administrator Reviewed:Agenda Section:
Zoning
Item Description: #2262 Ned and Lorna Butterfield
3745 Watertown Road
Conditional Use Permit-Public Hearing
Zoning District:
Lot Area:
RR-IB, One-Family Rural Residential District (2 acres)
103,380.57 sq. ft. (2.37 acres)
Application:The applicant is requesting a conditional use permit to haul clean
fill, approximately 2,000 cubic yards, onto the lot to create a level
building pad where greenhouses had been located.
Planning Commission
Recommendation:
To approve a conditional use permit for land grading and alteration.
COUNCIL ACTION REQUESTED:
To approve or amend the enclosed resolution.
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 21
FILE NO. 2262
are U.e Bu„erf.e.d (he^inafter *e "appHcants")
(hereinafter ”City") and legally described as; ® ® ^oad within the City of Orono
S^oJl-i' of the Southwest Quarter of
as follov^t Minnesota, described
Conmencing at the southwest comer of said Southeast Quarter of
the Southwest Quarter; thence South 89 degrees 54 minutes 36
assumed bearing, along the south line of said
Southe^t Qu^er of the Southwest Quarter, a distance of 149 03
feet, thence North 03 degrees 14 minutes 50 seconds East, a
tracer P°^* beginning of theact to oe descnbed; thence North 03 degrees 14 minutes 50
^conds E^t, a distance of 446.69 feet to the centerline of
Watertown Road (County Road No. 6); thence South 67 degrees
tif said centerline, a distance of
n9.17 feet; Aence South 00 degrees 54 minutes 40 seconds East
Quarter of the Southwest Quarter; thence North 89 degrees 54
minutes 36 seconds West, along said south line, a distance of
^6.51 feet; thence North 00 degrees 54 minutes 40 seconds
West, a distance of 654.04 feet to the point of beginning.
8^1^37 Southwest Quarter of
as follows:’ ^ ^3, Hennepin County, Minnesota, described
I I
Page 1 of 6
Commencing at the southwest comer of said Southeast Quarter of
the Southwest Quarter; thence South 89 degrees 54 minutes 36
seconds East, assumed bearing, along the south line of said
Southeast Quarter of the Southwest Quarter, a distance of 149.03
feet to the actual point of beginning of the tract to be described;
thence North 03 degrees 14 minutes 50 seconds East, a distance
• of 654.94 feet; thence South 00 degrees 54 minutes 40 seconds
East, a distance of 654.04 feet to the south line of said Southeast
Quarter of the Southwest Quarter; thence North 89 degrees 54
minutes 36 seconds West, along said south line, a distance of
47.50 feet to the actual point of begin ning
(hereinafter "property"); and
WHERI 1^', the applicants have applied to the City for a conditional use permit
for Imd alteration and gradmg per Municipal Zoning Code Section 10.03, Subdivision 21. A
conditional use permit for land alteration and grading to haul 2,000 cubic yards of clean fill
onto the subject property is required.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
3.
FINDINGS
This application was reviewed as Zoning File #2262.
The property is located in the RR-IB Zoning District where the minimum lot
area requirement is 2 acres.
The Orono Planning Commission reviewed this application on July 21, 1997 and
recommended unanimous approval of the conditional use permit based on the
following findings:
a. The zoning lot meets the required minimum lot area requirements.
b. Greenhouses that were removed from the site resulted in uneven
topography on the site.
c.Engineering estimates indicate that 2,000 cubic yards of fill are required
to fill the area according to the proposed elevations in Exhibit E.
4. - The City Council finds that granting a conditional use permit to allow grading
and filling will not be detrimental to the health, safety or general welfare of the
public, would not adversely affect light, air nor pose a fire hazard or other
danger to neighboring properties, nor will its use depreciate surrounding property
values and that the proposed level of use of the property will be in keeping with
the intent and objectives 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 conditional use permit on the
health, safety and welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 21 to
permit the grading and filling with 2,000 cubic yards of clean fill as shown in Exhibit E,
subject to the following conditions:
1.
2.
Authorities granted by this resolution run with the property not with the owners
but are permissive only and must be exercised by application for a land
alteration permit within one year of the date of Council approval or the special
conditions of this resolution will expire on that date (July 28, 1998).
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 3 of 6
I i
ATTEST:
The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and
assigns, hereby agree to the recording of this resolution in the Chain of Title of
the property.
Adopted by the Orono City Council on this 28th day of July, 1997.
Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor
Property Owner(s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 28th day of July,
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
^ •H.
TO:
FROM:
DATE:
Chair Lindquist and Orono Planning Commission Members
Ron Moorse, City Administrator
Liz Van Zomeren, City Planner/Zoning Administrator
July 16,1997
SUBJECT: #2262 Ned Butterfield
3745 Watertown Road
Conditional Use Permit-Public Hearing
Zoning District:
Lot Area:
Application:
RR-IB One Family Rural Residential District (2 Acres)
103,380.57 square feet(app.) (2.37 acres)________________
The applicant is requesting a conditional use permit to haul clean fill
(approximately 2,000 cubic yards) onto the lot to create a level building
pad for a new house. Greenhouses that were on the site have been removed.
Pertinent Ordinances:
• Section 10.03 Subd. 21,2.
Lot Area and Yards
RR-IB District Standards
ANALYSIS
Lot Area Lot Width Front Yard Side Yard Rear Yard
2 acres 200 feet 50 feet 30 feet 50 feet
#2262 Ned Butterfield
3745 Watertown Road
Conditional Use Permit
PC: 7/19/97
Page-1
Subject Property Lot Area and Yards
Lot Area Lot Width Front Yard Side Yard
2. 37 acres 214.54*90' from center
of Watertown
Rd.
10.88’
The zoning lot meets the minimum lot area and lot width requirements. The existing house
meets the front and side lot lines. The applicant may be removing the existing residence. A new
residence should be able to meet all of the setback requirements.
0
Structural Coverage
Structural coverage is not an issue with this application.
Hardcover
Hardcover is not an issue with this application.
Issues
t
1. The zoning lot meets the required minimum lot size and setbacks.
2. Greenhouses that were on the zoning lot have been removed. A depression has
been left and the applicant wishes to fill in the area to have a level building pad at
generally the same height as Watertown Road.
3. The applicant's engineer e timates that approximately 2,000 cubic yards are needed to
fill in the depression.
4. The permit history indicates that the greenhouses were removed in November 1996 and
100 cubic yards of fill were hauled onto the site in June 1997. A conditional use permit is
needed to haul in more clean fill.
FINDINGS:
1. The proposed location of the conditional use permit is in accord with the objectives of the
^2262 Ned Butterfield
3745 Watertown Road
Conditional Ure Permit
PC: 7/19/97
Page-2
I
.4
,-•r
Zoning Chapter and the purposes of the district in which the site is located and
Comprehensive Municipal Plan,
2.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.
3.That the proposed conditional use will comply with each of the applicable provisions of
the Zoning Chapter.
STAFF RECOMMENDATION
fo approve a conditional use permit to allow 2,000 cubic yards of clean fill to be hauled onto the
property to grade the zoning lot as shown on the survey prepared by Westwood Engineering.
(Exhibit E).
Attachments
Application
Plat Map
Topo Map
Survey
Grading Plan
Letter of Support
Permit History
#2262 Ned Butterfield
3745 Watertown Road
Conditional Use Permit
PC: 7/19/97
page-3
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^ ----------------------------------
CITY OF ORONO - GENERAL LAND USE APPLICATION ^
PROPERTY LOCATION
Site Address
Type of Application to be Filed_____________ •________________
Property Identification Number (P.ID.) 38— l|f(— 0)t4. (^I3l
APPLICANT
Name
Phone (home )
__ Phone (work) Q'J^ - (p /.-> 7 ^
Address^y^g- Zip_;;z^.^ '
OWNER (if different than applicant)
Name
Address*
Phone (home)_
Phone (work)_
City Zip.
Date Property Acquired_____________________________
I (do) (do not) also own the adjacent parcels of land.
FEES - CONDITIONAL USE PERMITS -
_____$ 75.00 For each variance request with CUP application
______$175.00 Residential Accessory Use
______$250.00 Institutional (church, school, etc.)
______$225.00 Guest House/Guest Apartments
______$200.00 Duplex Credit/Bldg
______$300.00 Commercial/Industrial Use
V $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
(month/year)
PRD/PID - see Fee Schedule
$150.00 Renewal Fee (no change firom original application)
After-the-Fact Fee - Double Current Application Fee
OTHER APPLICATIONS
______$250.00 Commercial Site Plan Review (+ consultant fees)
______$300.00 Vacation
______$200.00 Easement Vacation
______$100.00 Easement Vacation With Subdivision
______$350.00 Rezoning (PUD - refer to fee schedule)
______$350.00 Comprehensive Plan Amendment
______$100.00 Appeals
Other - see Fee Schedule
PRESENT USE OF PROPERTY
Present Zoning District _________
. Present Use of Property Residential
06/26/97 Pay 250.00
Other (specify).
REQUIRED SUBMITTALS
'4.
____ Completed Application Form.
____Describe request in detail.
------- Certified Propei^ OxynersOisLof 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 survey
information. C 4 -b propcueJ Coa K o , |»»W)
— Attach legal description to application if not included on required survey.
------Topographic survey (existing and proposed contours) if land alterations involve
changes in elevation (grades).
------List of the legal names (include marital status) of all persons with an interest in
the prope^. 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 Owner must sign this application. Please remember tliat 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)
md/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.
^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, commission members,
and Council members for purposes of investigation and verification of this request.
Owner's signature \jll Date
Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting.
Planning Commission Meetings ai'^ held on the third Monday of each month. Applicants must be present at
all scheduled review meetings of the Planring Commission and Council. If an applicant is unable to attend a
scheduled_TTiectiiiCj._Dle.cis_e_imiicje______________to ______9_o___________q to «*•______ir*»» .4_^
REQUIRED SUBMITTALS
'4.
Completed Application Form. /
_ Describe request in detail. ^
- Certified Propei^ PAyners-T-ist-Of owners within 350’, labels and plat map (you
must obtain this Hst, labels and map from Hennepin County Department of
Finance, A-603, Government Center, 348-3270.
_ Certificate of Survey (signed by a licensed surveyor) - refer to. handout for survey
information. C 4 -fo propaJeJ OaItjo ,
_ Attach legal description to application if not included on required survey.
_ Topographic survey (existing and proposed contours) if land alterations involve
changes in elevation (grades).
_ List of the legal names (include marital status) of all persons with an interest in
the property. This would include name(s) of applicant(s) if not current owner(s).
^ Construction plan, if applicable (see staff for requirements).
^ 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 (ll- X 17’’ OR SMALLER) FOR ALL DOCUMENTS
S^ BMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be
subi^wtied.)
IfcM: Al'^licant and Property Owner must sign this application. Please remember that yon
app( v'^ion 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
OWNER’S SIGNATURE
The owner hereby acknowledges and agrees to this application and further authorized
reasonable entry onto the property by City staff, consultants, agents, commission members,
and Council members for purposes of investigation and verification of this request.
Owner's signature Date
Applicant must have all submittals into the City offices 2t 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 vour place and advise the
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REQUEST FOR COUNCIL ACTION
’C/4
DATE; July 24, 1997
ITEM NO.;
Department Approval:
Name Liz Van Zomeren
Title City Planner
Administrator Reviewed; Agenda Section:
Zoning
Item Description: ^'2265 Robert Lund on behalf of Graydon K. and Michelle M. Newman, 1655
Bohns Point Road - Variance - Resolution
Zoning District: LR-IB, One Family Lakeshore Residential District (1 acre)
Lot Area:Irregular
Application: The applicant requests variances on behalf of the property owners to remove an
existing residence to construct a new residence. The proposed residence requires an average
lakeshore setback and hardcover variances in the 0-75 and 75-250' setback to keep the existing
percentages of 12.3% and 26.8%, respectively.
Planning Commission Action
To unanimously approve (6-0) as submitted.
COUNCIL ACTION REQUESTED:
To amend or approve the enclosed resolution.
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISIONS 1 AND 2
AND SECTION 10.24, SUBDIVISION 5
FILE #2265
WHEREAS, Graydon K. Newman and Michelle M. Newman (hereinafter "the
applicants") are owners of the property located at 1655 Bohns Point Road within the City of
Orono (hereinafter "City") and legally described as follows:
Lot 6, Block 1, Auditor's Subdivision No. 349, 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, Subdivisions 1 and 2 and Section 10.24, Subdivision
5 to allow removal of an existing residence to construct a new residence. Variances for
hardcover in the 0-75' lakeshore setback where 3,132 sq. ft. (12.3%) is existing and 3,120 sq.
ft. (12.3%) is proposed where none is allowed; hardcover in the 75-250' lakeshore setback
where 11,606 sq. ft. (26.8%) is existing and 11,603.5 sq. ft. (26.8%) is proposed and 10,825
sq. ft. (25%) is allowed; average lakeshore setback to locate 85' from the shoreline where the
average lakeshore setback is approximately 130' are required.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #2265.
2. The property is located in the LR-IB, where the minimum lot area requirement
is 1 acre.
Page 1 of 5
T ' :
3.
4.
The Orono Planning Commission reviewed this application on July 21, 1997, and
recommended unanimous approval of the proposed variances based upon the
following unique findings and hardships:
A. The zoning lot meets the minimum lot area requirements.
B. The zoning lot is located on a peninsula is irregular in shape.
C. There are mature trees on the lot that the property owner wants to
preserve.
D. Variances were previously granted for hardcover to change the shoreline
where there is steep topography.
The City Council finds that the conditions existing on this property are peculiar
to it and do not apply generally to other property in this zoning district; that
granting the variance would not adversely affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring property; would not merely
serve as a convenience to the applicants, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the applicants; and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the City.
The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicants and the effect of the proposed variance on the health, safety
and welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants an average lakeshore setback and hardcover variances in the 0-75' and 75-250' lakeshore
setback per Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and Section 10.24,
Subdivision 5 to permit removal of an existing residence to allow construction of a new
residence ahead of the average lakeshore setback as proposed in Exhibit F, subject to the
following conditions:
5.
I.
2.
3.
Authorities granted by thir* variance run with the property not with the
applicants, but are permissive only and must be exercised by application for a
bui ding permit within one year of the date of Council approval, or this variance
will expire on that date (July 28, 1998).
Violation of or non-compliance with any of the terms and conditions of this
resolution shall consUtute a violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a
misdemeanor.
l^e undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and
^signs, hereby agree to the recording of this resolution in the chain of title of
the property.
Adopted by the Orono City Council on this 28th day of July, 1997.
ATTEST:
Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor
Property Owner(s)
STATE OF MINNESOTA )
COUNTY OF HENNEPr
)ss.
1007 u ^ U instrument was acknowledged before me on this 28th day of July,
1997, by Gabnel 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 5
Eim^TTiiin
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TO:
^ I
FROM:
DATE:
SUBJECT:
Chair Lindquist and Orono Planning Commission Members
Ron Moorse, City Administrator
Liz Van Zomeren, City Planner/Zoning Administrator
July 16,1997
#2 j*'5 Robert Lund for
Graydon K. and Michelle M. Newman
1655 Bohns Point Road
Variance(s)“Public Hearing
Zoning District:
LR-IB One Family Lakeshore Resident)'1 District (1 Acre)
Lot Area:Irregular
Application:The applicant requests a variance on be’^'ilf of his clients to remove an
existing residence and construct a new residence that would be located
partially forward of the average lakeshore setback. Hardcover amounts
would be reduced slightly within the 0'-75' and 75'-250’ setbacks.
Pertinent Ordinances:
Section 10.22, Subd. 1. Lakeshore Setback Regulations
Section 10.22, Subd. 2. Lakeshore Hardcover and Land Alteration Regulations
Section 10.24, Subd. 5., LR-IB Area, Height, Lot Width and Yard Requirements
U2265 Robert Lundfor Newmans
1655 Bohns Point Road
Variances
ANALYSIS
■ h
Lot Area and Yards
LR-IB District Standards
Lot Area Lot Width Front Yard Side Yard Rear Yard
1 acre 140 feet 35 feet 10 feet 30 feet
Subject Property Lot Area and Yards
Lot Area Lot Width Sir- et Yard Side Yard Lakeside
Irregular
> 1 acre
240 feet
(app.)
2/0+ feet 30' & 65'+85'+
The subject lot meets the minimum lot area and setback requirements. The proposed residence is
located on a penisuia where the shoreline curves. The proposed residence would be located
behind the 75' lakeshore setback and ahead of the adjacent residences. The average lakeshore
setback is approximately 130 feet from the lakeshore.
Structural Coverage
Structural coverage is not an issue with this application.
Hardcover
Distance
from
Shoreline
Total Area in
Setback
Existing
Hardcover
Allowed
Hardcover
Proposed
Hardcover
Variance
Requested
0'-75'25,360 sq.ft.3,132 sq. ft.
(12.3%)
None 3,120 sq. ft.
(12.3%)
3,120 sq. ft.
(12.3%)
75'-250'43,300 sq. ft.11,606 sq. ft.
(26.8%)
10,825 sq. ft.
(25%)
11,603.5
sq.ft.
(26.8%)
778.5 sq. ft.
(1.8%)
#2265 Robert Lundfor Newmans
1655 Bohns Point Road
Variances
PC :7/19/97
page~'>
Previous variances were granted in 1 995 for hardcover in the 0’-75' setback. See Exhibit J,
Resoluuon #2072. The applicant is not requesting variances to inst ill additional hardcover. The
proposed new residence requires a variance to keep existing hardcov ^r in the O’-75' setback and
to reduce by 2.5 sq. ft. the amount of hardcover in the 75'-250' setback.
STATEMENT OF HARDSHIP
The applicant has provided a statement in Exhibit C.
Criteria for Determining I Indue Hardship
I. T^e property in question cannot be put to a reasonable use if used under conditions
allowed by the official controls.
There is an eidsting residence on the property and a guest house. The applicant will
need to provide testimony as to the reasonable use of the existing structure.
^ by the^ downer*circumstances unique to his property not created
The plight of the landowner is created by the shape of the lot, the zoning lot ’s location
on a peninsula, the topography and mature trees and the desire to construct a new
residence at the proposed residence.
3.
4.
The variance, if granted, will not alter the essential character of the locality.
The zoning lot will remain residential, however, this structure is larger than the existing
structure when viewed from the lakeshore.
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.
f ^
(^2265 Robert Lund for Newmans
1 655 Bohns Point Road
Variances
PC.7/19/97
page-3
6.
7.
8.
9.
11.
12.
The Board of Appeals and Adjustments or the Coimcil 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.
Residential uses are allowed 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 irrunediately adjoining property.
The special conditions that apply to this lot are its irregular shape and its location on
a peninsula.
The conditions do not apply generally to other land or structures in the district
in which said land is located.
There are other zoning lots in the city of Orono that are located on peninsula's and have
residences located forward of the average lakeshore setbacks.
The granting of the application is necessary for the preservation and enjoyment
of a substantial property right of the applicant.
The applicant or property owner will need to provide testimony regarding the
preservation and enjoyment of property rights.
The granting of the proposed variance will not in any ^»ay 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 proposed desig*' of the new residence would need to be modified to locate behind
the average lakeshore setback. The circular drive would need to be relocated.
U2265 Robert Lundfor Newmans
1655 Bohns Point Road
Variances
PC:7/19/97
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Application # ^
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 .or non-conforming structures $220.00
After-the-Fact Fees (Double application fee)
Date Received ^
Amount Paid
S
PROPERTY INFORMATION
Site Address—i.fi.ss Rnhng Pr^-i^t- pr>a^
Property Identification Number g>.I.D.) 38 17-117-23 11 0002 —
Attach lega. discriptipn to application if not included on required survey See Survey
Date Property Acquired________________________________________(month/year)
I (do) (8#«M) also own the adjacent parcels of land.
Present use of property: residential ___pother (speciiy)
Zoning District:
APPLICANT
Name Robert Lund. Archifceri-
Phone (home ) 927-0379
_______________Phone (work ) 927-0680
Address: 4829 East Lake Harriet Pk;^itv: Minnea polis 2ip: 55409
OWNER (if different than applicant) Phone (home ) 471-87 qi____
Name Graydon_K» & Michelle M» Newman Phone (work) 349—6985
AddressiQ55 Bohns Point Road City:Wayzata _________Zip: 55391
DESCRIPTION OF REQUEST Estimated Construction Cost $ 800,000.
Describe request in detail: Variance requested for the average Lakeshore
Setback requirements
(attach additional sheets if necessary)
VARIANCES REQUIRED
Lot Area
V.
Lot Width Hardcover Lot Coverage
Setback:Front Side Rear 5^ Average Lakeshore
Other (specify)
HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe undue hardship or practical difficulty or imusual property conditions preventing
compliance with Zoning Code lequirements:___
Please see attached sheet
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HARDCOVER CALCULATION Wi liKSHEET
SETBACK ZONE: (CIRCLE ONE)^ 0-75’
EXISTING HARDCOVER IN ZONE
A. USae- 7 3
Wellhouse . ^*"*'*’
75-250'
6^5
Width
B. Garage
C. Driveway
rx e-,1 lu 65 Cone, stair
D. Sidewalk 192 walk from hSuse
1500 Gone, by sftore
E. Patio/Deck -[7 Pai-ir> x
noi-if ^
F. Landscape
Underlain
By Plastic
G. Other 1 0*^0 gt-r>ng» com ’i WilLS.
96 stone stair
TOTAL HARDCOVER 1 5 ONE
TOTAL PROPERl'Y ARE.\ IN ZONE
___ -J- B 25360 X 100 =
PROPOSED HARDCOVER IN ZONE
A. ttfflg _____________ X
Wellhouse Ungth Width
B. Garage
C. Driveway
D. Sidewalk
E. Patio/Deck
F. Landscape
Underlain
By Plastic
G. Other
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
3120_ _ _ _ B 25360 X 100 =
250-500'500-1000’A-l
1
47 S.F.
1
S.F.
S S.F.'v
s S.F.
S.F.
■* ' i
S.F.
S5 S.F.
1837 S.F.
• •r
zs S.F.
122 S.F.
'll
: }. < i
s S.F.
S.F.‘ *‘W.% t
S.F.; ► •
m
S.F.••
iM
1126 S.F.
I
!
i
1
A jm37S.F.
25360 S.F.B ;
s 12.3 I
47 . S.F.i
ss S.F.
i
ss ■ S.F.
ss ■ S.F.
VMS , S.F.
S.F.
s ] S.F.
1837 S.F.
=:■ S.F.I
ss IIQ_____S.F.
II S.F.
S.F.
!
•s " S.F.
ss ' S.F.
1126 _ S.F.
3120 S.F.A
95360_ S.F.B
12.3 %
r
HARDCOVER CALCULATION WORKSHEET
SETBACK ZONE: (CIRCLE ONE) 0-75’
EXISTING HARDCOVER IN ZONE
A. House ______________ X
Length
Playhouse
6. Garage
C. Driveway
X
X
X
X
X
D. Sidewalk 1 ksi
Qfi (Malic f-n lakS)
E. Patio/Deck non x
SBA__Pati.g. & ^
attached deck
F. Landscape _________ x
Underlain ________ x
By Plastic _________ x
G. Other
75-250* J)250-500'
Width
v>n Rinr-Tc wills --------------------
144 stoops @ front & brick wall
TOTAL HAlfccOVER IN ZONE
TOTAL PROPERIT AREA IN ZONE
n ^ B /n,4nn x 100
500-1000’
112
569H
1 404
6sa
22A
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 ^ . soft S.F.
41.400 S.F.
26.7_____.96
\
\
A
B
.[
A.House X =6484 S.F.
Length Width
S.F.Playhouse X SS 11 2
X =S.F.
X 5=_ S.F.
B.Garage
Driveway
X S S.F.
C.X 4406 S.F.
X s S.F.
D.Sidewalk +-Q 1 ^S3 1 00 S.F.
X =S.F.
E.Patio/Deck X g-91 Q S.F.
^ _________
S3 S.F.
F.Landscape
Underlain
Pot* 1 1 Q • ^s 1 90 S.F.
^ . ,11
=t S.F.
By Plastic
Other
X S.F.
G.1 61 S.F.
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
11,603^----- B 43,400 ■
11,603.5 S.F.
•S.F.
A X 100 =-----26^—%
A
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If CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 8 8 1 8 _
A RESOLUTION GRANTING
VARIANCES TO MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISIONS 1 AND 2,
SECTION 10.55, SUBDIVISION 8, AND
SECTION 10.56, SUBDIVISION 16 (J) AND (L),
AND A CONDITIONAL USE PERMIT
PER SECTION 10.03, SUBDIVISION 19
FILE NO. 2072
WHEREAS, Graydon Newman, Jr. (hereinafter the "applicant") is owner of the
property located at 1655 Bohn ’s Point Road within the City of Orono (hereinafter "City") and
legally described as:
Exhibit .A attached ((hereinafter the "property"); and
WHEREAS, the applicant has applied to the City for variances to Municipal
7nnin(, Code Section 10.22. Subdivisions 1 and 2. Section 10.55, Subdivision 8, airf Section
lO.Sefsubdivision 16 (L) for the placement ofhardcover in *e 0-75; zone where no todcover
is normally allowed; and for a variance to Section 10.22, Subdivision 1, Section 10. ,
Subdivision 8, and Section 10.56, Subdivision 16 (J) for filling and gradmg work witto the 0-
75’ setback zone where no gradmg or filling is normally aUowed; and for a conditional use
permit for land alterations in the 0-75’ zone per Section 10.03, Subdivision 19.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
1.
2.
3.
FINDINGS
This application was reviewed as Zoning File #2072.
The propert}' is located in the LR-IB, Single Family Lakeshore Residential
Zoning District.
The Orono planning Commission reviewed diis application on September 18,
1995 and recommended approval of the proposed variances and conditional use
permit based upon the foUowing fmdings:
Page 1 of 7
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4.
A.
B.
C.
CiTYof ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 ^ ^ ^
The existing 604 s.f. deck platform located at the shoreline encroaches
into the neighboring property and is proposed to be removed, resulting in
significant decrease in hardcover near the lakeshore. Th - net decrease in
0-75’ hardcover from 14.4% to 12.5% is a positive improvement to the
property.
Applicant’s dock similarly encroached the neighboring property line
extended and is proposed to be moved to meet LMCD requirements,
thereby creating an access point offset by approximately 30’ from the
existing concrete stairway which leads down the lakeshore bank and
provides access to the shoreline for the applicant.
Planning Commission finds that it is appropriate to allow a 4’ walkway
laterally along the shoreline to connect the new dock access point to the
existing concrete stairway, thereby avoiding an additional cut into the
lakeshore bank.
The proposed addition of boulders adjacent to the existing retaining wall
approximately 10-15’ back fi-om the shoreline is appropriate to provide
additional support for the lakeshore bank, and the addition of 6-12" in
height of riprap at the shoreline is appropriate to protect the shoreline.
The proposed 12" depth of sand between the riprap and the retaining wall
has been reviewed by the City Engineer who finds it acceptable firom an
engineering standpoint. The majority of the sand area is proposed to be
revegetated with native grasses, leaving approximately a 10’x20’ area of
sand exposed to provide a "beach" character. Planning Commission finds
that leaving patio blocks in place underneath the sand layer may provide
additional stability for the shoreline and therefore it is appropriate to leave
the patio blocks in place.
The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comment
by the applicants and the effect of the proposed variance on the health, safety and
welfare of the community.
D.
Page 2 of 7
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. '5^ 1 8
5. The City Council finds that the conditions existing on this property are peculiar to
it and do not apply generally to other property in this zoning district; that granting
the variances and conditional use permit would not adversely affect traffic
conditions, light, air nor pose a fire hazard or other danger to neighboring
property; would not merely serve as a convenience to the applicants, but is
• necessary to alleviate a demonstrable hardship or difficulty; is necessary to
preserve a substantial property right of the applicant; and would be in keeping with
the spirit and intent of the Zoning Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants variances to
Municipal Zoning Code Section 10.22, Subdivisions 1 and 2, Section 10.55, Subdivision 8, and
Section 10.56, Subdivision 16 (L) for the construction of a 4 ’ wide walkway parallel to the
shoreline for a distance of approximately 30' and within the 0-75' zone where no hardcover or
structure is normally allowed, and a variance to Section 10.22, Subdivision 1, Section 10.55,
Subdivision 8, and Section 10.56, Subdivision 16 (J) to allow filling and grading in the 0-75’
lakeshore setback zone where such work normally is not allowed, and grants a conditional use
permit per Section 10.03, Subdivision 19 for land alteration in the 0-75’ lakeshore setback zone,
subject to the following conditions:
1.The shoreline maintenance work including boulder wall improvement, riprap
improvement and sand fill shall follow the plans submitted by the applicant's
landscape designer.
2. The existing patio blocks shaM be removed prior to placement of the sand layer.
3. The platform deck shall be removed as proposed.
4.
5.
The walkway constructed from the base of the existing concrete stairway to the
new dock location shall not exceed a width of 4'.
Applicant is advised that hardcover in the 0-75' zone shall not exceed 12.3% per
the sketch and listing attached to this resolution as Exhibit B. Applicant is advised
that any future proposal to add hardcover in the 0-75' zone will likely not be
approved, but might be approved only in conjunction with the removal of
equivalent or greater square footages of hardcover in that zone.
Page 3 of 7
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO> -^. 6 18____
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
ss.
The foregoing instruinent was acknowledged before me on this 9th day of
October, 1995, by Edward J. CaUahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of
the City of'Orono. a^corporation and said instrument was executed on
LINDA S.VEE |beha
NOTARY PUBLIC-MINNESOTA
HENNEPIN COUNTY
My Commission Expires Jan. 31.2000
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
Notary Public
ss.
, 199 y" , before me a Notary PublicOn this 19"^ day of _________________
within and for said County, personally appeared K. cu>n -er
known to me to be the person(s) described in and who executed the foregoing instfument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
LINDA S.VEE
NOTARY PUBLIC-MINNESOTA
HENNEPIN COUNTY
f\ ___ My Commission Expires Jan. 31.2000 S Notary Public
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
day of
ss.
, 199 ___, before me a Notary PublicOn this___________ ____________
within and for said County, personally appeared
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
Notary Public
Page 5 of 7
■
%
REQUEST FOR COUNCIL ACTION
DATE: July 2^^97 ^ ^
,=x"
A\
ITEM NO.
Department Approval: Administrator Reviewed: Agenda Section:
Name Elizabeth Van Zomeren Zoning
Title City Planner/Zoning Administrator
Item Description:#2266 Ronald and Robin Hohrman
190 Cygnet Place
Variances for the Construction of Screen Porch and Additional One Car
Garage Stall - Resolution
Zoning District:RR-IB One Family Rural Residential District (2 acres)
I<ot Area:27,913 square feet (.64 acres)
Application: The applicants are proposing the addition of a screened-in porch on the rear of
the house and an additional one stall garage attached to the south side of the
existing garage.
The following variances are required:
1. A rear yard variance to reduce the rear yard setback from the required
50' to 46’.
2. A side yard variance to reduce the required south side yard setback from
the required 30' to 28'.
Planning Commission Recommendation
To unanimously approve:
1. A rear yard variance from the required 50' to 46'.
2. A side yard variance from the required 30' to 28'.
COUNCIL ACTION REQUESTED:
To amend or approve the enclosed approval resolution.
Isv
<r.n- r u*'* ■
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A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 5 (B)
FILE NO. 2266
h
WHEREAS, Ronald Hohraian and Robin Hohrman (hereinafter "the applicants")
are the owners of the property located at 190 Cygnet Place within the City of Orono
(hereinafter "the City") and legally described as follows:
Lot 4, Block 3, Swan Lake Addition, Hennepin County, Minnesota (hereinafter
"the property"); and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.28, Subdivision 5 (B) to construct a screened-in porch on the rear of
their house encroaching 4' into the required 50' rear yard setback, and to add a one car garage
stall to the existing attached double garage encroaching 2' into the required 30 side yard
setback. Variances for reducing the rear yard setback from the required 50' to 46' where 48'
is existing and reducing the side yard setback from the required 30' to 28' are required.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
This application was reviewed as Zoning File #2266.
The property is located in the RR-IB One Family Rural Residential Zoning
District where the minimum lot area requirement is two acres.
The Orono Planning Commission reviewed this application on July 21, 1997 and
recommended unanimous approval of the proposed variances based upon the
following unique findings and hardships:
Page 1 of 4
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A. The subject property does not meet the minimum lot area and lot width
requirements, restricting the allowable building pad for the proposed
additions.
4.The City Council finds that the conditions exis ing 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 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 rear yard and side yard variance to Municipal Zoning Code Section 10.28, Subdivision
5 (B) to permit the construction of a screen porch attached to the rear of the existing house
encroaching 4 ’ into the required 50' rear setback, and a one car garage stall attached to the
existing two car garage encroaching 2' into the 30' required side yard setback, 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 approva*, or this variance
will expire on that date (July 28, 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 pumshable as a
misdemeanor.
Page 2 of 4
J
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3.The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and
assigns, hereby agree to the recording of this resolution in the Chain of Title of
the property.
.
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held on the 28th day of July, 1997.
ATTEST:
Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor
Property Owner (s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 28th day of July,
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
r
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
ss.
On this day of , 199___, before me a Notary Public
within and for said County, personally appeared________________________________
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
Notary Public
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
ss.
On this day of , 199___, before me a Notary Public
within and for said County, personally appeared _______________________^-----------------
known to me to be the person(s) described in and who executed the foregomg instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
Notary Public
Page 4 of 4
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, !
TO:Chair Lindquist and Orono Planning Commission Members
Ron Moorse, City Administrator
FROM:
DATE:
Liz Van Zomeren, City Planner/Zoning Administrator
July 10,1997 i
SUBJECT:#2266 Ronald and Robin Hohrman
190 Cygnet Place
Variance(s)-Public Hearing
Zoning District: RR-IB One Family Rural Residential District (2 Acres)
Lot Area: 27,913 square feet (.64 acres)
Application:The applicants are proposing the addition of a screened-in porch on the rear
of the house and an additional one stall garage attached to the south side of
the existing garage.
Pertinent Ordinances:
Section 10.28 RR-IB One Family Rural Residential District
Subd. 5, B Setback Requirements
Section 10.56 Shoreland Management
Subd. 16, C, 2 Hardcover Limitations
U2266 Ronald and Robin Hohrman
190 Cyfptet Place
6/21/97
Page I
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I
ANALYSIS
Lot Area and Yards
RR-IB District Standards
Lot Area Lot Width Front Yard Side Yard Rear Yard
2 acres 200 ft.50 ft.30 ft.50 ft.
Subject Property Lot Area and Yards
Lot Area Lot Width Front Yard Side Yard
27,912.5 sq. ft.192.5 ft.47 ft.49 ft.
The subject property does not meet the minimum lot area, lot width, or front yard setback
requirements.
Structural Coverage
Total Lot Size Total Structural Coverage Percentage
27,913 sq. ft.2,527.9 sq. ft.9%
(These figures include all hardcover items on the property other than driveway.)
The zoning lot is near a protected tributary, however, the proposed additions are below the maximum
hardcover requirements.
Hardcover
Hardcover is not an issue for the application.
U2266 Ronald and Robin Hohrman
190 Cygnet Place
6/21/97
Page!
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STATEMENT OF HARDSHIP
Criteria for Determining Undue Hardship
1.The property in question cannot be put to v. leasonable use if used under conditions allowed
by the official controls.
It would be possible for the owners to obtain reasonable use of their house and property in
its current state. The proposed additions would allow them to derive greater enjoyment from
their property.
2.The plight of the landowner is due to circumstances unique to his property not created by the
landowner.
The zoning lot is significantly smaller than the minimum lot area requirement for the zoning
district. The building pad is less than 50' in lot depth.
J.The variance, if granted, will not alter the essential character of the locality.
The variance for side yard and rear yard will not change the character of the area. The side
yard variance request is less than 2 feet while the rear yard variance is approximately 4 feet.
4.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.
5.Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for
solar energy systems.
Solar access is not a consideration.
6.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.
Both the proposed porch and garage stall are permitted uses in this zoning district.
M2266 Ronald and Robin Hohrman
190 Cygnet Place
6/21/97
P^ge3
r statement of hardship
Cnlwia frr rvtcmiininr Undue
J • The property i
by the official cont«5r ** ^ ““ 'fused under condidons allowed
«o obtain reasonabicunent state. The propos«l ns w^lXCi
their property. to derive greater enjoyment from
2.
“ “•»ces unique to his property not created by the
district. ^ for the zoning
3.
4.
TTe variance, if granted, will not alter the essential character of the locality.
yardvariance'^;:SfXrth'»2^:«';2lir:c^^^
the property exis^'X ''"dship if reasonableexists under the terms of this chapter.
Eeonomic factors ate not a considemtion with this application.
use for
5.
s;^Xs”''‘“'“- ■»> access to direct sunlight fc
Solar access is not a consideration.
6.
use that is not I^^XwX'XXapLffe X” “
person's land is located. P P™P«")'«’ zone where th y
e affected
Both the proposed porch and garage stall ate perniitted uses in thi s zoning district.
6/21/97
Page 3
I'
if
V err TV. - .
^ a ^^family^Xem^^^ ^ ^ variance the temporary use of a one-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 lot IS non-c'^nforming in size in this zoning district. Due to this factor, it is difficult to
construct additions to the principal structure that lie entirely within setback lines.
^e conditions do not apply generally to other land or structures in the district in which said
land IS located.
^e majority of the lots in this neighborhood are less than the 2 acres which the zoning
distnct requu'es. ®
10. Ihe granting of the application is necessaiy for the preservation and enjoyment of a
substantial property right of the appl leant.
9.
12.
The applicants should be asked for their testimony regarding this iissue.
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 vanance is not only a convenience to the applicant, but also to alleviate hardship. Due
to the configuration of the house, as well as the setback lines, it would be difficult to
construct the proposed addition elsewhere on the lot and conform to the required setbacks.
Issues
1. ^e lot area does not conform to the zoning district. The front of the existing house extends
3 feet into the required front yard setback, and the rear deck extends approximately 2 feet
mto the rear yard setback.
U2266 Ronald and Robin Hohrman
/ 90 Cygnet Place
6/21/97
Page 4
2.
3.
4.
5.
Topography is slight within the lot and is not an issue.
There are no major physical impediments affecting the proposed additions.
The residence was constructed in 1977. In 1978, permits were issued for a well and septic
system. The property was connected to City sewer in 1996. There were variances approved
in 1975, 1976 and 1977 for square footage of new house, and for a one year variance
extension for two consecutive years.
This property, and likely the entire neighborhood on Cygnet Place, was developed at less
than a two acre minimum lot size.
STAFF RECOMMENDATION
It is advised that the applicants be allowed to proceed with plans to construct the desired porch and
garage stall. The proposal is consistent with the character of the neighborhood. Furthermore, with
the additional hardcover, the total hardcover on the lot will be 15%, while 30% is allowed in the 250-
500' zone adjacent to a protected stream.
Attachments
A
B
C
D
E
F
Application
Plat Map
Lot Setbacks
Floor Plans
Hardcover Restriction Zones
Permit History
U2266 Ronald and Robin Hohrman
!90 Cygne t Place
6/21/97
Pages
Application # (p
Date Receiyed U/zyf 97
Amount Paid trb
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 $220.01
After-the-Fact Fees (Double application fee)
PROPERTY INFORMATION
Site Address i^O Pi
* -
Property Identification Number (PJD.),
Attach legal description to applipation if not included on required survey.
of land.
Date Property Acquired __
I (do) ^o not) also own the^jacent parcels
Present use of property: _U'''‘‘^idential
Zoning District; i B
.(month/year)
other (qjecify).
APPLICANT
Name
Address: i^Q PLAca£
OWNER (if different than applicant)
Name _______'
Phone (homel
Anb Phonefworic)
City : lyn^ _____Zip: SS3>Ip
Phone (home).
Phone (work)_
Address:Zip:.
DESCRIPTION OF REQUEST Estimated Constmction Cost $ ^
Describe request in detail: AC^'T7d^ ^aJ
7t> StUTT^ ^<ic~
(attach additional sheets if necessary)
VARIANCES REQUIRED
Lot Area
Setback:.
___Lot Width
Front \/^de
Hardcover
Rear
Lot Coverage
Average Lakeshore
Other (specify)
HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe undue hardship or practical difBculty or luiusual property conditions preventing
complice with Zoning Code requirements: _______ . _______ —
(attach'additional sheets if necessary)
r
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Cortlficdle of Survey
for Ronald Hohrman
of Lot 4, Block 3, SWAN LAKE ADDITION
Hennepin County, Minnesota L
V*. A
/
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I-UJzo
>-o
<0'
Leq^l Descrinrlnn
tot 4, Block 3, Swan Lnko AdcUtion,
This siirvov shows the location of an oxistinq
house, deck and septic svsteis. It does not our-
port to show anv other improvements or encroach nents.
I hercbv certify that this survey w«is
prepared hv pie or under my direct, sup
ervision and that I an a dulv regist
ered land surveyor under the laws of
the Sta*-e of Minnesota.
Scale
Date
0
1 inch * 30 feet
M4-89
Iron market
Bearings shown are to an
assunt'd datun.
COFFIN & 6R0NBERG, INC.
s. uronberg Hn. Lief^o. i;i/55—
Engineers, Land Surveyors and Planners Long Lake, Minnesota
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PERMIT RECORD
Permit No Date Type of Permit
^ ;6 l41.
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REQUEST FOR COUNCIL ACTION ^ ^^97
DATE: July 23, 1997^^°^0
ITEM NO.
Department Approyal:
Name Michael P. Gaffron
Title Asst. Planning & Zoning Administrator
Administrator Reviewed:Agenda Section:
Zoning
Item Description: #2268 Robert T. Callan, 2995 Deer Run Trail - Variance - Resolution
Zoning District: RR-IB, Single Family Rural Residential, 2 acres, unsewered.
Application: Request for front setback variance for construction of a new single family residence
on this back lot.
List of Exhibits
A - Resolution
B - Notice of Planning Commission Action
C - Memo and Exhibits of 7/14/97
Summary of Request
Please review the memo and exhibits of July 14th. Briefly, principal structure setbacks for this
3-acre back lot are required to be 150% of the zoning district requirements. Therefore, the front
yard setback is required to be 75* rather than 50 ’. Due to the location of the outlot driveway, the
east lot line of the property is by definition considered the front lot line. This is some what
incongruous with the neighborhood, since the east and west lot lines of all other lots on the south
side of Deer Run Trail are side lot lines.
Applicant requests that the 75 ’ setback from the east lot line be reduced to 45', which is 150%
of the side yard requirement, therefore still meeting the separation intent of the back lot ordinance.
Planning Commission Recommendation
Planning Commission recommended approval, finding that, as long as applicant orients his house
similarly with those in the neighborhood, the reduced east setback will have no negative impacts.
Additional justification for the variance is to allow the house to be placed where it will not cut into
the knoll on the west side of the property.
Staff Recommendation
Staff recommends approval ^r the attached resolution.
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 27 AND
SECTION 10.28, SUBDIVISION 5(B)
FILE #2268
WHEREAS, Robert T. Callan (hereinafter "ftie applicant") is owner of the
property located at 2995 Deer Run Trail within the City of Orono (hereinafter "City") and
leg^ly described as follows:
Lot 6, Block 4, Old Crystal Bay Road Addition, Hennepin County, Minnesota
(hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a variance to Mumcipal
Zoning Code Sections 10.03, Subdivision 27 and 10.28, Subdivision 5(B) to permit the
construction of a new single family residence to be located 45' from the defined front lot Ime
of a back lot where the front yard setback normally required is 150% of the RR-IB 50
standard, or 75'.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
3.
FINDINGS
This application was reviewed as Zoning File #2268.
The property is located in the RR-IB, Single Family Rural Residential Zoning
District.
The Orono Planning Commission reviewed this application on July 21, 1997, ^d
recommended approval of the proposed variance based upon the following
findings:
Page 1 of 5
A. The property was originally platted as a back lot because it does not
directly abut a private or public road and gains access via a 30' outlot
leading from the cul-de-sac to the east line of the property.
B. By definition, the east line of the property is the front lot line. By
definition, and per the back lot requirements, the setback from the
easterly lot line for this property is 75'.
C. Due to the orientation of the adjacent residence to the east and the
orientation of the proposed house, the lot line in question will function
as a side lot line for both the front lot and back lot. Therefore there is
a diminished need for the expanded setback as defined in the code, since
the expanded setback requirement was intended in part to mitigate
adjacency of dissimilar yards.
D. Applicant proposes to orient his home the same direction as the adjacent
homes to the east, hence it would be appropriate to consider the east lot
line as a side lot line.
G.
The lot meets all other required back lot standards.
Granting of the variance will avoid the need to excavate into the knoll
on the west side of the property.
The proposed 45' east lot line setback meets the separation intent of the
back lot ordinance in that 45' is 150% of the normal 30' side yard
requirement for the RR-IB zone.
4. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicant and the effect of the proposed variance on the he^dth, safety and
welfare of the community.
5. The City Council finds that the conditions existing on this property are peculiar
to it and do not apply generally to other property in this zoning district; that
Page 2 of5
U '
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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants variances
to Municipal Zoning Code Sections 10.03, Subdivision 27 and 10.28, Subdivision 5(B) to
permit the construction of a new single family residence to be located 45' from the easterly or
defined front lot line where 150% of the RR-IB 50' front setback, or 75', is normally required,
subject to the following conditions:
Applicant shall orient the proposed residence with the front facing northerly and
the side facing easterly, to match other homes on the south side of Deer Run
Trail.
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 (July 28, 1998).
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 auUiority granted herein, and shall be punishable as a
misdemeanor.
4.The undersigned applicant has read, understood and hereby agrees to the terms
of this resolution and on behalf of himself, his heirs, successors and assigns,
hereby agrees to the recording of this resolution in the chain of title of the
property.
Page 3 of 5
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
ss.
On this day of 199 ___, before me a Notary Public
within and for said County, personally appeared___________________________________
known to me to be the person(s) described in and who executed the forego ing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
ss.
Notary Public
On this day of ., 199 ___, before me a Notary Public
within and for said County, personally appeared___________________________________
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
Notary Public
Page 5 of 5
r
CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
ZONING FILE #2268
NOTICE OF PLANNING COMMISSION
ACTION
DATE OF NOTICE: July 23, 1997
TO: Robert T. Callan
9051 High Point Circle
Eden Prairie, MN 55347
COPIES TO:Mark Gronberg
482 Tamarack Ave.
Long Lake, MN 55356
TYPE OF APPLICATION:Variance
DATE OF MEETING: 7/21/97 VOTE:6 FOR 0 AGAINST
Planning Commission recommends the following:
Approval subject to conditions noted below.
NOTES AND SPECIAL CONDITIONS:
Approved subject to orientation of the home similarly to other homes on the south side of Deer Run
Trail.
Applicant's next scheduled meeting is confirmed as:
City Council Monday, July 28, 1997, meeting starts at 7:00 p.m.
If you desire certified copies of the official Planning Commission minutes, they are available from
the City Recorder after review and approval by the Planning Commission.
r
TO:
FROM:
DATE:
Chair Lindquist and Orono Planning Commission Members
Ron Moorse, City Administrator
Michael P. Gaffron, Asst. Planning & Zoning Administrator
July 14,1997
SUBJECT: #2268 Robert T. Callan, 2995 Deer Run Trail - Variance - Public Hearing
Zoning District: RR-IB, Single Family Rural Residential, 2 acres, unsewered.
Apphcation. Request for fiont setback variance for construction of a new single family residence
on this Tjack lot'.
Pertinent Code Sections
1. Section 10.03, Subd. 27 - Special standards for back lots created after January 1,1994:
Subd. 27(A)(2) - . the street yard or front yard for any back lot will be a yard
starting where the narrow access outlot corridor ends and the lot begins."
Subd. 27(A,3) - "The depth of the required street yard or front yard shall be 150% of
the zoning district front yard requirement."
2. Section 10.28, Subd. 5(B) - Required front yard in RR-1B District = 50’.
List of Exhibits
A - Application
B - Plat Map
C - Property Owner's List
D - Survey
E - Section 10.03, Subd. 27
Discussion
Applicant requests that the 75' required "front yard" setback along the east lot line be reduced to 45'
to better accommodate construction of a proposed new single family residence. This lot was platted
in 1994 at just over 3 acres to meet the back lot requirements. By definition, the lot line abutting the
access outlot is the front lot line of a back lot, hence the east lot line becomes the front lot line in this
case. Applicant notes that this is inconsistent with the other lots on the south side of Deer Run Trail,
all of which have their designated side lot lines as the easterly or westerly lot lines.
r
Zoning File #2268
July 14,1997
Page 2
The intent of the back lot ordinance and its more strict standards, is primarily to decrease the impact
on the front lot . When the Planning Commission reviewed the use of back lots in 1994, it
concluded that a standard back lot situation would typically place a driveway directly adjacent to the
side yard of the front lot, ^d the front yard of the back lot directly adjacent to the rear yard of the
front lot. Planning Commission concluded that such adjacencies are not always compatible, and can
be mitigated by requiring greater setbacks.
Arguably, that ordinance did not contemplate the somewhat unique back lot situation encountered
on Run Trail. In this case, the applicant's defined front yard is adjacem to the front lots side
yard. However, applicant proposes to orient his house with the functional front yard to the north,
similar to other homes on the south side of Deer Run Trail.
Hardship
Factors which might be consider in support of the variance request include the following:
1. Applicant proposes to orient his home the same direction as the adjacent homes to the east,
hence it would be appropriate to consider the east lot line as a side lot line.
2. Due to orientation of the adjacent residence to the east and the orientation of the proposed
house, the lot line in question will function as a side lot line for both the front lot and back
lot. Therefore, there is a diminished need for the expanded setback as defined in the code,
since the expanded setback requirement was intended in part to mitigate adjacency of
dissimilar yards.
3. The lot meets all other required back lot standards.
4. Granting of the variance will avoid the need to excavate into the knoll on the west side of the
property.
Staff Recommendation
Staff recommends approval of a reduction of the defined front setback from 75' to 45' as proposed,
conditioned on applicant orienting the proposed residence with the front facing northerly and the side
facing easterly, to match other homes on the south side of Deer Run Trail.
Options for Action
1.
2.
3.
4.
5.
Recommend approval per staff recommendation.
Recommend approval with other conditions.
Table for further information (specify).
Recommend denial (state reasons).
Other.
(/
tJO* J D t »^rr III o« *:x;u4 «cc.ro3
k
CITY OF ORONO - VARIANCE APPL^^TI^
Initial Application Fee $220.00
per each additional varianc
Renewal Variance Fee $120.00
(no change from original application)
Variance for non-conforming structures $220.00
Aftcr-ihe-Fact Fees (Double application fee)
• •
PROPERTY INFORMATION
Si«Addr«s,j; ^ <IS' -Tr^ ■ (
Application M
Date Received Q>,;x'7 -<q j
Amount Paid o.co>
8
1
&
---------f #i^rj
Property Identification Number ^.I.D.)
__________________I*
On0^0 noH
d«7p,X TV" °°
Present use of propern': _^£_resid«xtial ____^othcr (specify)
Zoning District;__________________________ ______
2J -T- ^ .1 Phone (home) I - I UI
t >_ CalUy^______________ Phone (work)
Address:,.^ OSi K i ^ U Kp; O ^Jc City : ^ ^
APPLICAN
Name
Zip:
OWNER
Name
Address:
Qf different than.applicant '
nchtft 'TTa/'J ^ C^t(_______
City;
(home)
_______ Phone (work)
Zip:.
DESCRIPTION OF REQUEST Estimated Construction Cost $
Describe request in detail: \ja^A -hU^ <u»^-h <^,U
CT 4ro^ ^
(anach additional sheets if necessary)
V ariances required
Lot Area Lot Width
Setback: X Front Side
Hardcover
Rear
.Lot Coverage
Average Lakeshore
ffr^ACk TA!^ f/cP TP/P (A7 ^pr^ktjp A
Other (specify) /^^rp //>r r/rupr/^^._____________________________•
HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe undue hardship or practical difficulty or unusual property conditions preventing
compliance with Zoning Code requirements: <?TjtCA^ <.£>zT /p >^
fAjr /■ upf/T c/A^fr Ait^A/iK/i7 'TP> r/iP ^uep l /^/p y/^:r cpt C/K/ff.
f///f ^I CUPP itjp T.fC /y<'v// />c< /C CA^Af/jTp^, r/tP /tt /ppp
/i T/iiS f/af / fPTdMn /P/ePeprjMa rp> /S'c>9^ a 7f Uta acic
//OAfp ^dPPApA. CP^nr /K/ro a ZpAyau . e-PAJ/^^c /vx A
(anach additional sheets if necessary) ^
rz/fso Qi{T /p-'ic -ZZ/C /PMPLc A, ^
(M ^
f’Mr MP mr TAfArfA y,r a ffp/fpc/i zzf i^'S 7/ >»•
/rp<fppf ffrSAcK ,
r ^ ^ t ^ mm •^orri.ii ^:^ ‘jinUi «cc.rJj rw;jc. UD
1.
2.
required submittals
flCd^Tr appliriUifin dcarflint (hry
---- Completed Application Form
~ mu«^tS,°''.^? l^rbLu'^J Z"f
FinaiiM. A-603, Go.t Cenwr, 348-3270 '""*?■» County Depanmem of
reproduetion. ‘“P7 «'<>" « M" for
gradate propowd ^n ZifiomVoZe ’Zl'noZs'^^^^^^
_ s tr.c-X' ■z.rw-,'Hi
persons you wish notified of this application. ^ ■
— Additional items as may be requested by City staff.
The Applicant and Property Owner must sign this application. Please rem,.m>,^r »v, »
liiriantt npphgatjgn is fiot tompl^tc if fh^bove infor mation h>..
APPLICANT'S signature
The applicant hereby agrees to provide all information required or rcouesied hv rk 7 • ’
Adm,m«r.«,r. agrees to pay additional feea (staff time not covered by "r^lal ZpaZenO
information
Applicant's Signal
4.
5.
6.
7.
8.
_ Date Vte..r /(?<?->
OWNER'S SIGNATURE •
The owner hereby acknowledges and agrees to this application and ftirthcr aathorirrs rM<nnd.Ku
Ovvner's Signatt
ColZZMiednT
make arrangements to have an authorized agent anend in your place and to advise the Building
oc. Zoning O.fice of this change prior to the meeting.
8
^ i 2:0 NM-5Q**
•outlot e ^ t________
06/26/97 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY ONNERS LIST REPORT NO. PIA35401 PAGE 2436 04-117-23 23 002000240 CYGNET PL EUGENE C 0ETERLIN6 A NIFE EUGENE C 0ETERLIN6 240 CYGNET PLACE LONG LAKE MN 55356 38 04-117-23 23 0022 >'•^150 RIDGENOOO CIR CRAMS DENNISON KEM4ETH A LOUISE'OSTMAN 3150 RIOGEHOOO CIR
LONG LAKE MN 55356 38 04-117-23 23 002303100 RIDGENOOO CIR T E A H H CASHIN TIMOTHY E A HOLLY H CASHIN 3100 RIDGENOOO CIR
LONG LAKE MN 55356
N-* »
.38 04-117-23 23 0027
00038 ADDRESS UNASSIGNED
H N A S J LAUE
HERMAN N A SHIRLEY J LAIS ' v
594 PARK LANE .
LONG LAKE MN 55356
38 04-117-23 23 0030
02995 DEER RUN TR
R T A J E CALLAN
ROBERT T A JANICE E CALLAN
9051 HIGH POINT CIR
EDEN PRAIRIE MN 55347
38 04-117-23 23 0031 ■ ’ !
03020 SOMERSET LA ■ tV. k
R P HARE V A 8 R HARE .: '«. V. > , - \ V*
ROBERT A. BENTE HARE
3020 SOMERSr LA ‘ ‘
ORONO MN I . 36
04-117-23 24 OOOS i . V-
00038 ADDRESS UNASSIGNED . ;
STATE OF MINN
STATE OF MINN (DNRI
(LUCE LINE TRAIL)
k. 38. 04-117-23 24 0013 •
02900 DEER RUN TR
*J L BUCHANAN A M A HAMMOND
JEFFREY L BUCHANAN
MARCIA A HAMMOND
6204 PARKNOOD RO
EDINA MN 55436
38 04-117-23 32 0011'
00455 SUSSEX U
N N A D C HILOMAN
NINA H A DONALD C HILDMAN
745 SPRING HILL RD
NAYZATA MN 55391
V* *
38 .04-117-23 24 0007
00395 . SUSSEX U
N N A D C HILOMAN
NINA N A DONALD* C HILOMAN
745 SPRING HILL RD
HAYZATA MN 55391
T . 3« 04-117-23 24 0017
0C038 ADDRESS UNASSIGNEO
OLD CRYSTAL BAY RO ASSOC INC
ROBERT HARE
1600 LONG LAKE BLVO
ORONO m 55356
TOTAL BATCH 504 00013
»
38 04-117-23 24 0012 ;
02965 DEER RUN TR *'■
S * P M DARTSS
SiEVEN A PAULETTE BARNES
2965 DEER RUN TR '
LONG LAKE MN 55356
•r:
38 04-117-23 24 0018
02975 SOMERSET LA
COFFIN CORNERS PARTNERSHIP
JOE A TERESA LAHTI
1180 PHILLIPS DR
LONG LAKE m 55356
A '• *»■’ J*' •*» i.'l b * " ■ • 'V*'
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tMAWHWf
drr my dirrct super-
jndSunjtyor under
ORDINANCE NO. ^-22 , SECOND SERIES
AN ORDINANCE TO AMEND THE MUNICIPAL ZONING
CODE AND SUBDIVISION CODE BY DEFINING
STANDARDS FOR THE CREATION AND USE OF LOTS
WHICH DO NOT ABUT A PUBLIC OR PRIVATE ROAD
THE CITY COUNCIL OF ORONO ORDAINS AS FOLLOWS:
SECTION 1. Municipal Zoning Code Section 10.02 and Municipal Subdivision
Code Section 11.03, Subdivision 2 are each hereby amended by adding the following definitioaf:
"Lot-Back" - A lot typically separated from a public or private road by another lot and
which gains access to the public or private road via a narrow corridor. Such a separated
lot is considered to be a "back lot" when the corridor is platted as an outlet. A separated
lot is considered to be a "flag lot" when the corridor is platted as part of the lot. When
the corridor is merely an easement over another lot, the separated lot is considered to be
an "easement back lot".
"Lot-Front" - A lot abutting a public or private road, across which an outlot has been
platted for access to a back lot.
SECTION 2. Municipal Zoning Code Section 10.03 is amended by adding
Subdivision 27 which shall read as follows:
Subd. 27. Special Standards for Back Lots Created After January 1, 1994. Back lots
as defined in this section which were created as part of a subdivision that received
preliminary subdivision approval after January 1, 1994 are subject to the following
special requirements in addidon to the standards required inSecdon 11.31, Subdivision
5 of the Orono Subdivision Code:
A. Dimensional standards for back lots shall be as follows:
1.
•7
4.
Lot area shall be 150 ?r of the zoning district requirement.
Lot width measured parallel to the front or street lot line at the
street yard setback line of a lakeshore back lot, or at the front yard
setback line of a nonlakeshore back lot, shall meet the zoning
district width requirement. The street yard or front yard for any
back lot will be a yard starting: where the narrow access oudot
corridor ends and the lot begins. Lakeshore back lots shall meet
the lot width standard at the shoreline, at the lakeshore setback
line, and at the street yard setback line.
The depth of the requfred street yard or front yard shall be 150%
of the zoning district front yard requirement.
The required side yard and rear yard depths for back lots shall be
150% of the zoning district yard requirements. The required
lakeshore yard of a lakeshore back lot shall meet the zoniog
district lakeshore yard requirements.
E.
4.
front/b.c!= lot rq^eTlide yard of tbo front lot
Sarnt^^c’c«s 0“dot shall be equivalent to the side street yard
requireocnc for thac zoning dismcc.
Access requirements.
1 Access outlets shaU be 30’ minimum width, and sh^ be wide
enough to accommodate c^§e, snow removal and screemng
without encroaching on neighboring properties.
9 In aoproving frontA^ack lot divisions, the City may requnc that
Lth front lor and back lot share a driveway access wito
access oudot if Council determines that creatmg an additional
access to the existing street will be a potential saiccy hazard.
Driveways within a back lot shall be located at least 10 from the
side or rear lot lines of adjacent lots.
No more to two r«id«nc« may be served by a driveway located
wilbin 2J1 SCCCS5 oiitlot.
«
5 No access outlot may be platted abutting an adjacent
exceot when the intent is to combine the two access oudots for
creadon of a public or private road meeting City standards.
D. Screening requirements.
Driveways constructed in access oudots sn^ t
screened by fencing or vegesrion ^ the di^cieuon of Cuy,
all points to the rear of the required street yara of the »
as to eliminate intrusion of vehicle headlight*; mto the si
yard of adjacent lots.
The street yard of the back lot shall be adequately screened by
fencin*^ or vegetadou at the discredon of the City, so as to
eliminate intrusion of vehicle headlights into the side or rear yards
of adjacent lots.
Standards for accessory structures. Accessory smicnires shaU adhere to
ail requirements of the zoning code, with the foUowing addidonal
requirements:
1 Accessory structures witnin a back lot shall be allowed no closer
than 10’ to a neighboring property’s side or rear yard.
0 Accessory structures shall not be allowed within the required street
yard of a back lot nor within the required rear yard of a front lot
which abuts the street yard of a back lot.
Nj accessory structure shall be allowed within an access oudot.
1.
9
IT^%»JllMnKMWir«Tiifril
SMIiM 5m IM iTl
j j h t y. 1 WiJiY*) rrgn rriTT
Tmw
'iuiijiwn
[iriiii nrriT!j
[iWT«rs
I lieu V/qiI« rtlip.U [•]
:iji tit 11 [Oil ;<nV0 i 11 i i r JI fi Fr?rr
Mira
iir«»:T«W
MKYilUtlFri
r i
Request for Council Action continued
page 2 of 2
July 23, 1997
Zoning File #2273
I I
3. The existing driveway location limits the possible locations for a gazebo in the
northwesterly half of the property.
4, The proposed gazebo location will have little or no impact on views enjoyed by the
neighbor to the north.
The dissenting vote in the Planning Commission recommendation was based on an opinion that
there is no valid hardship shown.
Staff Recommendation
A resolution based on the Planning Commission recommendation is attached for Council
consideration.
COUNCIL ACTION REQUESTED;
Adopt attached resolution granting approval for a lakeshore setback for construction of a gazebo
at 3145 Jamestown Road.
to adopt ResolutionProposed Motion: Moved by __________, seconded by ________
#_____, granting a lakeshore setback variance for construction of a gazebo at 3145 Jamestown
Road. ________ayes,______nays.
r
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.56, SUBDIVISION 16 (C)(1)
FILE #2273
WHEREAS, Morgan Nelson (hereinafter "the applicant") is owner of the
property located at 3145 Jamestown Road within the City of Orono (hereinafter "City") and
legally described as follows:
Exhibit A attached (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a variance to Municipal
Zoning Code Section 10.56, Subdivision 16 (C)(1) to permit the construction of a gazebo to
the located 131 ’ from the ordinary high water level of Classen Lake where a 150' setback is
normally required.
Minnesota:
NOW, THEREFORE, BF IT RESOLVED by the City Council of Orono,
FINDINGS
1.
2.
3.
This application was reviewed as Zoning File #2273.
The property is located in the RR-IB, Single Family Rural Residential Zoning
District.
The Orono Planning Commission reviewed this application on July 21, 1997, and
on a vote of 5-1 recommended approval of the proposed variance based upon
the following findings:
A. The proposed gazebo will be located further from the lake than the
existing residence and adjacent homes.
Page 1 of7
r
B. The applicant's residence and two adjacent residences were constructed
prior to the 150’ setback requirement. The proposed gazebo will
encroach no nearer the lake than the existing residence.
C. The existing driveway location limits the possible locations for a
gazebo in the northwesterly half of the property.
D. The proposed gazebo location will have little or no impact on views
enjoyed by the neighbor to the north.
4. The City Council has considered this application including the findings and
reconunendations of the Planning Commission, reports by City staff, comments
by the applicant and the effect of the proposed variance on the health, safety and
welfare of the community.
5. The City Council finds that the conditions existing on this property are peculiar
to it and do not apply generally to other property in this zoning district; that
granting the variance woul^f not adversely affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring property; would not merely
serve as a convenience to the applicant, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the applicant, and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants a variance
to Municipal Zoning Code Section 10.56, Subdivisions 16 (C-1) to permit the construction of
Page 2 of 7
7 ■ wk*
d gQzcbo at 31 from the OHWL of Lake Classen where a 150* setback is normally required,
subject to the following conditions:
1.
2.
3.
4.
The proposed gazebo shall be located to meet the minimum side setback
requirement and be placed at the location proposed in the site plan attached as
Exhibit B.
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 (July 28, 1998).
Violation of or non-compliance with any of the terms and conditions of this
resolution shall constitute a violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a
misdemeanor.
The undersigned applicant has read, understood and hereby agrees to the terms
of this resolution and on behalf of himself his heirs, successors and assigns,
hereby agrees to the recording of this resolution in the chain of title of the
property.
Page 3 of?
J
Adopted by the Orono City Council on this 28th day of July, 1997.
ATTEST:
Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor
Property Owner(s)
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 28th day of July,
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 4 of 7
L Tnirn—
r
Adopted by the Orono City Council on this 28th day of July, 1997,
ATTEST:
Dorothy M. Hallin, City Clerk •' rjuiiel Jabbour, Mayor
Property Owner(s)
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 28th day of July,
1997, by C i’>riel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the Cit> of Orono, a
Minnesol * municipal corporation and said instrument was executed on behalf of the City. '
Notary Public
Page 4 of 7
r
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 5 of 7
r
CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
ZONING FILE 2273
NOTICE OF PLANNING COMMISSION
ACTION
DATE OF NOTICE: July 23,1997
TO:Morgan Nelson
3145 Jamestown Road
Long Lake, MN 55356
COPIES TO:
type of APPLICATION:Variance
DATE OF MEETING: 7/21/97 VOTE:5 FOR 1 AGAINST
Planning Commission recommends the following:
Approval as submitted.
NOTES AND SPECIAL CONDITIONS:
Applicant’s next scheduled meeting is confirmed as:
City Council Monday, July 28,1997, meeting starts at 7:00 p.m.
If you desire certified copies of the official Planning Commission minutes, they are available fi-om
the City Recorder after review and approval by the Planning Commission.
r
TO:
FROM:
DATE:
Chair Lindquist and Orono Planning Commission Members
Ron Moorse, City Administrator
Michael P. Gaffron, Asst. Planning & Zoning Administrator
July 14,1997
SUBJECT: #2273 Morgan Nelson, 3145 Jamestown Road - Variance - Public Hearing
Zoning District: RR-IB, Single Family Rural Residential, 2 acre, unsewered.
Application: Request for lakeshore setback variance to construct a gazebo on the property.
Pertinent Code Section:
Section 10.56, Subd. 16(C,1) - Required structure setback from a Natural Environment Lake is 150'.
(Proposed gazebo setback =131', existing house setback = 128').
Lbt of Exhibits
A - Application
B - Plat Map
C - Property Owners List
D - Survey/Site Plan
E - Gazebo Kit Plan
F - Area Topography
Discussion
Applica ‘ oroposes to construct a small accessory structure (gazebo) to the northw'est of the existing
residence s. *icture. This and the two adjacent neighboring lakeshore homes were constructed prior
to the 1992 Si.oreland Ordinance, which implemented a 150' setback from the OHW of Classen Lake
(classified as a ' Natural Environment Lake by the DNR). Consequently, these three homes are
located approximately 125-130' from the OHW, which places them at a comfortable setback from
the bluff along the northeast shore of Classen Lake.
The proposed gazebo will be 131' from the OHW, requiring a 19' variance from the 150' setback
requirement.
The proposed gazebo appears to meet the average lakeshore setback line defined by the principal
structures of the two adjace^'* properties.
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Zoning File #2273
July 14, 1997
Page 2
This property contains a bluff by definition, but the existing house and proposed gazebo appear to
be set back approximately 40-50' from the top of the bluff (defined as the point where average slope
changes from greater than 18% to less than 18%). Since the required setback from top of bluff is
30', no bluff impact variance is required.
Hardship
Applicant has indicated that the location of the existing house and adjacent houses, is a hardship.
Planning Commission shouid consider whether the following factors might be considered as
hardships or unique factors which support the granting of a variance:
1. The proposed gazebo will be located further from the lake than the existing residence and
adjacent homes.
2. The applicant's residence and two adjacent residences were constructed prior to the 150'
setback requirement. The proposed gazebo will encroach no nearer the lake than the existing
residence.
3.The existing driveway location limits the possible locations for gazebo in the northwesterly
half of the property.
Staff Recommendation
A gazebo at the proposed location would appear to have little impact on the neighborhood and will
have little or no impact on views enjoyed by the neighbor to the north. The property meets all
hardcover requirements, and the proposed gazebo meets the required 10' minimum side setback
requirement.
In the strictest sense, a variance can be granted when there are no other options available to the
property owner. It can be argued that there are other locations on this property where a gazebo could
be placed that would not require a lakeshore setback variance. Those locations may not meet the
goals and objectives of the property owner. Planning Commission must determine whether there
is sufficient hardship shown to justify the granting of the variance, or whether the hardship is self-
created and would merely serve as a convenience to the property owner.
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Zoning FUe #2273
July 14,1997
Page 3
Options for Action
1. Recommend approval, defming the specific hardships supporting approval.
2. Recommend conditional approval.
3. Table for further information.
4.
5.
Recommend denial (state reasons).
Other.
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REQUIRED SUBMITTALS
All of the following information must be submitted bv the application deadline date in
order for vour application to be considered complete;
1.
2.
3.
4.
5.
6.
7.
8.
Completed Application Form
Certified Property Owners List of owners within 150', labels and plat map (you
must obtain this list, labels and map 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 8'A" x 11" for
reproduction.
Topographic survey (existing and proposed elevations) if any changes in existing
grade are proposed. In addition, provide one (1) copy 8'A" x 11" for reproduction.
Sketches or plans of floor & elevation views Qprovide one (1) copy 814" 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 cunent owner(s).
As an addendum to this application, please attach a separate list of any other
persons you wish notified of this application.
Additional items as may be requested by City staff.
The Applicant and Property Owner must sign this application. Please remember that ysmr
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 bq^ p\his/her knowledge.
rf\ Oa_ DateApplicant's Signature
OWNER’S SIGNATURE
The owner hereby acknowledges and agrees to this application and further authorizes reasonable
entry onto the property by City staff, consultmts, agents. Commission members, and Council
members for purposes of investigation and y^rifi^ation of this request.
" AC ■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, ple^e
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.
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Adjacent Property Owners' Acknowledgement Form
Kwe^ C~>)nule4i of BiSV Cff-
t name(s)][print address] Ur\^ UilU, /TJ^ S~S3 5'^
have reviewed the plans for the proposed improvement or proposed use of the property located
at 3iQ‘T Jiit,.»-sWwn also referred to as Land Use Application No.
1 (we) understand that in executing this acknowledg inent, I (we) am (are) not asked to
declare approval or disapproval of the property or use but merely to confirm for the City
Council t^t I (we) am (are) aware of the improvement plans and that the proposed neighbor's
project or use requires Council approval.
Date
7/' y/ f 7
Property Owner Date
************** **************************************************************
1 (we) f^u<AA) ^ Lurt^>nf
[print name(s)]
of 3n‘T .T/fyHCfiTOljJA}
[print address]
have reviewed the plans for the proposed improvement or proposed use of the property located
at ^also referred to as Land Use Application No.
I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to
declare approval or disapproval of the property or use but merely to confirm for the City
Council t^t I (we) am (are) aware of the improvement plans and that the proposed neighbor’s
project or use requires Council approval.
V/J /97
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.
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RUN DATE 06/26/97 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY ONNERS LIST REPORT NO. PI435A0X PAGE 26BATCH 505I• **. /t-.V PROP ADDR 38 28-118-23 33 0009 00038 ADDRESS UNASSIGNED JAMES R GRABEK ET AL JAMES R GRABEK NAME/AODR tOSO JAMESTONN RDLONG LAKE m 55356OHNER NAME TAXPAYER 38 28-118-23 33 0010 03085 JAMESTONN RD GAB LARSON GARY A LARSON 3085 JAMESTONN RD LONG LAKE MN 55356 38 28-118-23 33 0012 03155 JAMESTONN RD • S A S STROUP STANLEY S STROUP 3155 JAMESTONN RD LONG LAKE MN 55356
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38 28-118-23 33 0014
PMP ADDR 03175 JAMESTONN RD
ONNER NAME MICHAEL AMES A UUREL AMES
« TAXPAYER MICHAEL A LAUREL ANES
NAME/AODR * 3175 JAMESTONN ROAD
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•ORQNO MN 55356
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.. \ t.* ‘ ..56 26-116-23 33
38 28-118-23 33 0015
03050 JAMESTONN RD
J R GRABEK A P J GRABEK
JAMES R A PENELOPE J GRABEK
3050 JAMESTONN RD
LONG LAKE MN 55356
38 28-118-23 33 0016 *
03135 JAMESTONN RD
H N LURTON A S E LURTON
H NILLIAM LURTON
3135 JAMESTONN RD
LONG LAKE MN 55356
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PROP ADDR 03145 JAMESTCM4 RD
ONNER NAME KAREN ELIZABETH NELSON
TAXPAYER KAREN ELIZABETH NELSON
V * NAME/AODR 3145 JAMESTONN RD
- long lake MN 55356
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38 29-118-23 44 OODl
03225 SIXTH AVE N
N C HEUPEL ADR HEUPEL
NEIL C A DENISE R HEUPEL
3225 SIXTH AVE N
LOm LAKE MN 55356
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TOTAL BATCH 505 00008
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I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST
OF MY KNONLEDGE AND BELIEF
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^974.5 CONTOUR LtC (Oi<.W.)
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HAWTHORNEr*.*fH WS3Tsi-trR‘mvjLwJ
HAWTHORNE DESIGN is totally enclosed with removeable
fiberglass screens and arched window openings. All sizes look
basically the same with the exception of the door panels and side
lights next to the door. The Hawthorne comes standard with lattice
bottoms. OPTIONS: Lower wall panels available in sunburst or
solid wood. Plociglass kits for seasonal enclosure or storage.
WINDSOR•f.• ’ * V ....»-rV- '‘i-iT.'"' i :•* ■ '■
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WINDSOR DESIGN is fully enclosed with removeable 42 Vi^ x
44** slider, combination windows and screens, with a double hung
window in a wood door or a maal combination door. The
Windsor wall panel comes standard with a choice of solid wood,
lattice or sunburst bottoms backed with plexi-glass.
MAJESTIQUEi'L ^ A"i
MAJESTIQUE DF-SIGN boasts larger fully removeable 45 '/i'
X 55 slider, combination windows and screens, with
reinforced window framing, finished with shallow solid wood
bottoms. A five foot sliding patio door with screen is standard
on the 15' gazebo otherwise same as Windsor.
CRAFTSMANSHIP
• UNPARALLELED OI.D WORLD HANDCRAFTED QUALITY
• MADE FROM WESTERN RED AND INLAND CEDAR
PREFERRED FOR ITS NATURAL RESISTANCE TO WARPING.
MOISTURF^ DECAY AND INFESTATION. RETAINS FINISHES
LONGER
• FIR LAM BEAMS FOR EXTRA STRENGTH
• CHANNELED SPACE TO ACCOMMODATE ELECTRICAL
• LAP40INT CONSTRUCTION FOR AN EXACTING FIT
• TONGUE-N GROOVE VAULTED BEAMED CEILING
• HAND SPLIT CEDAR SHAKE ROOF
• PRECUT CEILING LIGHTFAN MOUNT BOARD
• PRE INSTALLED WINDOWS AND DOOR IX)CKS
• COPPER ROOF CUPOLA GIVF.S A GREAT CROWNING
APPEARANCE BUT ALSO EQUALIZES AIR PRESSURE
IMPEDING STRUCTURAL WEATHER DAMAGE
• RUSTIC EXTERIOR FINISH AND SMOCHII INTFKIOK
FLOOR KIT (optional)
OUR EXQUISITF; eight PIECF^ PRE ASSEMBLED.
CIRCULAR MOSAIC PARQUFI FI ITEDSYSIEM IS
I)F:SIGNFI) IO show no screws or nails . CAN BE
APPLIED IO ( ONCRFTE. OVER AN FXISTINC; DECK OR
DECK UNDERSI RUCTURE.
ELEGANCE IN A KIT
PRE FABRICATED KHS. SHIPPED ANYWHERE
ASSEMBLED BY 2-3 PEOPLE IN U HOURS
EASY TO READ INSTRUCTIONS • DO IT YOURSELF
PRE-DRILLED. FITTF:D FOR EASY ASSEMBLY
PRE HUNG DOOR WITH INSTALLED HARDWARE
CAN BE A PERMANENT OR REMOVEABLE GAZEBO
EXACTING TOLERANCF-S FOR UNPARALLELED QUALITY
MODULAR DESIGN. LARGE PRE ASSEMBLEI) PARIS
8 ROOFCEILING. 8 WALLS. CUPPOLA 4 TRIM
EASY TO MAINTAIN OR REPl.AC E PARTS
UNDEKSI RUC lURE REQUIREMENTS AVAII.ABI E
ALL WLKIHTS AND MEASURLMLNTS ARE APPROX.
KEY
A. overall Ga/cbo Height
B. Cupola Height
C. Roof Height
D. Wall Panel Height
Gazebo Width. Flat to Flat (OD)
Width of Panel
Width of Door
12'
149"
26"
38"
85"
143 »/4"
59 »/•"
36"
*5' Sliding Patio Door Available
15'
162"
26"
51"
85"
177 >/•"
73 •A”
36"*
m:
Square Footage
Shipping Weight Lbs. Hawthorne
Windsor
MajestiqueFLOOR (optional)
E. Floor Width, Flat to Flat
F. Pie Width
Height of Floor
119
1700
2100
2100
185
2300
2600
2600
144"
59 »/i
2*
180"
74 ’/i»"
2"
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FOR YOUR NEAREST DEALER CALL:
800-370-3670
FAX 715-357-3000 KmiA
CEDARCRAFT GAZEBOS
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Inside dsor
EDARCRAFT
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When only the finest willlo...Vi'--
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174,000 N
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' TO:
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FROM:
Orono City Council Members
Mayor Gabriel Jabbour
DATE:July 24,1997
SUBJECT: LMCD Membership
At its July 14 meeting the Council was provided with an update regarding the LMCD, and regarding
the potential for the city to again appoint a representative to the LMCD Board. The city first decided
to discontinue its participation on the LMCD Board because the city disagreed with the direction of
the LMCD Board and had been unable to change the direction of the Board through participation on
the Board. Although efforts have been made during the period of nonparticipation to effect changes
in the LMCD from the outside, there may now be potential to have greater effect through
participation on the board.
There was a concern that a representative elected to a three year term could begin to move in a
direction unacceptable to the city council and the city council would not have any recourse during
the three year term. Since then the LMCD enabling legislation has been amended to eliminate this
potential problem. Representatives are now appointed by the council and can be replaced by the
council.
As indicated in the update, the LMCD Board is mired in the detail of day-to-day code enforcement
and is not spending enough time and effort addressing larger issues regarding lake usage and water
quality.
If the Council decides to appoint a representative to the LMCD Board, it is important the person be
familiar both with the city's code as it relates to the lake-related activities and with the city's
philosophy regarding the protection of the lake. Given these qualifications, the Council may want
to appoint a member of the Planning Commission as the city's representative to the LMCD.
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REQUEST FOR COUNCIL ACTION
^Ui 28
^^QPcd DATE: July 28. ^§93t'o
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ITEM NO.n
Department Approval:
Name Gregory A. Gappa
TIUe Director of Public Services
Administrator Reviewed:Agenda Section:
Engineer* *s Report
Item Description: Award of Contract for Golf Course Irrigation System
We have advertised and received sealed bids for this project. Bids were opened at 10:00 a.m.
Tuesday, July 22. The following bids were received for this project. A detailed tabulation of bids
is attached.
Evergreen Sprinkler Company
Robbinsdale, Minnesota
Midwest Irrigation
East Dubuque, Illinois
Duinick Bros. Inc.
Prinsburg, Minnesota
$91,259.70
$127,855.00
$168,480.00
The budgeted amount for this project is $100,000. The lowest bid of $91,259.70 is reasonable for
this project, and the contractor is satisfied with his bid. Golf course irrigation contractors have
been very busy the past several years. The other two contractors that bid the project indicated they
already had adequate work for this season, and their higher bids reflect this.
We have checked references for Evergreen Sprinkler Company and received positive responses
about this contractor. We are recommending award of the contract to Evergreen Sprinkler
Company for $91,259.70.
When this project was budgeted last year, use of the existing golf course well for the irrigation
system was planned. During project design, it was discovered that the existing well does not have
enough capacity for operation of the irrigation system. The existing well has a capacity of 70
gallons per minute, and a flow capacity of 125 gpm is required for effective operation of the
irrigation system. The irrigation system requires enough capacity to complete course watering
during night time hours when the course is not open. The installation of a new well for the
irrigation system is recommended.
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The new well will be installed next to the existing pond on the golf course. Water from the well
will be pumped into the pond and then withdrawn by the irrigation system pumping station. Use
of a pond is the preferred method for the operation of irrigation systems and is used at most golf
courses. This allows for the reuse of runoff water from the course and provides for recycling of
fertilizers and nutrients from the golf course. This also reduces the amount of groundwater that
needs to be pumped for ungation purposes. We have obtained a preliminary cost estimate of
$20,000 for a new well. We have contacted several well companies for written quotes on the cost
of well installation. Our recommendation is for Council approval of a maximum expenditure of
$20,000 for a new well, with staff to obtain several competitive quotes for this work.
We are recommending that the additional cost for the well be ftmded from retained earnings in
the golf course operating fund. The golf course operating fund has been doing very well over the
past several years with an annual net operating income of appro.v.imately $40,000. Revenue for
the first three operating months of this season has been above expectations. The projected cash
balance in this fund at the end of 1997, including the budgeted $100,000 expenditure for the
irrigation system plus a $ 20,000 expenditure for the new well, should be approximately
$150,000.
COUNCIL ACTION REQUESTED:
Motion to award a contract for installation of an irrigation system at the Orono municipal golf
course to Evergreen Sprinkler Company Inc. for $91,259.70.
Motion to authorize a maximum expenditure of $20,000 for installation of a new well to provide
service for the golf course irrigation system, with staff to solicit competitive quotes for well
installation. Funding to be provided from retained earnings in the golf course operating fimd.
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TABULATION OF BIDS FOR
ORONO MUNICIPAL GOLF COURSE
IRRIGATION SYSTEM
BID OPENING: Tuesday, July 22,1997 at 10:00 a.m.
I hereby certify that this is an exact reproduction of the bids received.
Gregorjt-i^^^PP^ ^
Registration No. 23485
Bid No. 1
Evergreen Sprinkler
Bid No. 2
Midwest Irrigation
Bid No. 3
Duininck Bros.
Lump Sum Bid to
Complete Project
$91,259.70 $127,855.00 $168,480.00
Unit Prices for Computing
Additions or Deietions from
the Contract Unit •
6” SDR 21 PVC Pipe LF $4.75 $6.25 $8.00
4" SDR 21 PVC Pipe LF $2.95 $3.97 $5.00
3" SDR 21 PVC Pipe LF $1.90 $3.29 $4.25
2.5” SDR 21 PVC Pipe LF $1.70 $2.65 $4.00
2” SDR 21 PVC Pipe LF $1.58 $2.42 $3.00
754-06-57 Sprinkler EA $265.00 $175.00 $160.00
754-06-58 Sprinkler EA $265.00 $175.00 $160.00
734-06-33 Sprinkler EA $250.00 $170.00 $155.00
765-06-64 Sprinkler EA $265.00 $192.00 $175.00
474-00 Quick Coupling
Valve
EA $80.00 $72.00 $75.00
LTC-56-03 Satellite
Controller
EA $1,000.00 $1,800.00 $2,200.00
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REQUEST FOR COUNCIL ACTION 'L <^u
DATE: July 24?fea7
ITEM NO: ^
Department Approval:
Name Ron Moorse
Title City Administrator
Administrator Reviewed:
Item Description:
Revisions to the City's Non-Union Pay Structure
Agenda Section:
City Administrator's
Report
During recent work with the city's non-union pay structure, an inconsistency was identified in the
upper portion of the pay structure. General compensation principles suggest that when pay is related
to a job evaluation point system, the size or width of the point ranges that determine pay levels
should be consistent or increase in a consistent manner throughout the pay structure. Also, the rate
at which pay levels increase in conjunction with the point ranges should be consistent or increase
in a consistent maimer throughout the pay structure.
In the current pay structure both the width of the point ranges and the rate at which pay levels
increase in conjunction with the point ranges increase substantially in the upper portion of the pay
structure. Because the increases in both of these elements of the pay structure are occurring in
combination with each other, they are not causing irregularities in actual pay. However, it is
preferable to make revisions to improve the consistency of the pay structure.
It is recommended that the upper portion of the non-union pay structure be revised to make it more
consistent with the remainder of the pay structure. The basic change being proposed is to add a new
point grouping and related pay range between each of the top four point groupings. Attached are
materials showing the current pay structure and the proposed pay structure.
COUNCIL ACTION REQUESTED:
Motion to approve the proposed revisions to the non-union pay structure to add a point grouping and
related pay range between each of the top four point groupings in the pay structure.
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% Increase 1
City of Orono
Compensation Plan &
Expected Performance Levels
For 1997
Current
% Difference
Between
Level Step IV Levels
1 11.87
6.0
2 12.56
6.5
3 13.37
6.0
4 14.18
6.7
5 15.14
8.5
6 16.44
8.2
7 17.75
7.8
8 19.11
7.9
9 20.60
9.5
10 22.54
J4^
11 25.80
17.5
12 30.30
0 0
13 35.91
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1
% Increase 1.03
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
City of OroDO
Compensation Plan &
Expected Performance Levels
For 1997
StepIV
11.87
12.56
13.37
14.18
15.14
16.44
17.75
19.11
20.60
22.54
24.23
26.05
28.08
30.30
33.00
35.91
Proposed
% Difference
Between
Levels____
6.0
6.5
6.0
6.7
8.5
8.2
7.8
7.9
9.5
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Grouping
City of Orono
Compensation Plan
Position / Point Groupings
For 1997
Current
Point Range Range Width %Position in Grouping
1 44-47 5 Community Service Officer
2 48-51 5 Laborer, Clerical I
3 52 - 55 5 Clerical II
4 56-59 5 Secretary
5 60-64 5 Public Works Maintenance
•Police Office Manager
6 65-68 5 Deputy Clerk/Is Assist.,
On-Site Septic Manager (E)
7 69-73 5 City Clerk (E), Golf Course Supervisor (E),
Building Inspector
S 74-78 5 Assistant Finance Director/MIS Coord. (E),
Accountant / Management Analyst (E)
9 79-83 5 Asst. Zoning Administrator (E),
Building Official (E)
10 84-88 5 Public Works Supervisor II (E)
City Planner/Zoning Administrator (E)
11 89-100 i2
12 lOMlO 1 Police Chief (E), Finance Director (E)
Public Services Director (E)
13 .111-12.4 12 City Administrator (E)
(E) - Exempt
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IS
City of Orono
Compensation Plan
Position / Point Groupings
For 1997
Proposed
♦ I
* i
ouping Point Range Range Width %Position in Groupjpg
1 44-47 5
<
Community Service Officer
2 48-5i 5 Laborer, Clerical I
3 52 - 55 5 Clerical II
4 56-59 5 Secretary
5 60-64 5 Public Works Maintenance
Police Office Manager
6 65-68 5 Deputy Clerk/IS Assistant,' (On-Site Septic Manager (E)
1
7 69-73 5
1
City Clerk (E), Golf Course Supervisor (E),
Building Inspector j
8 74-78 5
t
Assistant Finance Director/MIS Coord. (E),
Accountant / Management Analyst (E) '
9 79-83 5 Building Official (E)
10 84-88 5 Public Works Supervisor II (E) 1
City Planner/Zoning Administrator j
11 89-93 1 Senior Planning Coordinator (E) f
' 1
12 94-99 1
«
l'
1
13 100-105 1
f
14 106-111 1 Police Chief (E), Finance Director (E),
Public Services Director (E)
15 112-118 5
16 119-121
MLm
1 City Administrator (E)
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REQUEST FOR COUNCIL ACTION
DATE: July 24,1997
ITEM NO:
Department Approval:
Name RonMoorse
Title City Administrator
Administrmor Reviewed:Agenda Section:
City Administrator ’s
Report
Item Description:
Mike Gaffron Position Reclassification and Pay Increase
Attachment: Non-Union Employee Compensation Plan - Position/Point Groupings
In response to significant changes in Mike GafFron's duties and responsibilities, his position was
reevaluated to determine if it should be reclassified to a higher level in the city's pay structure. The
reevaluation process has now been completed. The results of the reevaluation process call for Mike's
position to move from level 9 to level 11 of the city's pay structure. This moves his salary from
$42,848 to $50,398. Also to more accurately reflect Mike's responsibilities, his position title has
been changed from Assistant Planning & Zoning Administrator to Senior Planning Coordinator.
Because the job evaluation process took a significant amount of time, Mike had been functioning
at the higher responsibility level for a considerable time prior to the completion of the position
evaluation process. Therefore, it is recommended the position reclassification and salary increase
be made effective January 1,1997.
COUNCIL ACTION REQUESTED:
Motion to approve a reclassification of the Senior Planning Coordinator position to level 11 of the
city's pay structure and to increase the salary of the position to $50,398 effective January 1,1997.
I 1
.)
022W7J
Updated 06/08/97
CITY OF ORONO
NON-UNION EMPLOYEE COMPENSATION PLAN
POSITION/POINT GROUPINGS
FOR 1997
1 44-47 45.5 Community Service Officer
2 48-51 49.5 Laborer, Clerical I
3 52-55 53.5 Clerical 11
4 56-59 57.5 Secretary
5 60-64 62 Police Office Manager,
Public Works Maintenance Worker
6 65-68 66.5 On-Site Septic Manager (E)
Deputy Clerk/IS Assistant
7 69-73 71 City Clerk (E),
Golf Course Supervisor (E),
Building Inspector
8 74-78 76 Asst. Finance Director/MIS Coord (E),
Accountant/Management Analyst (E)
9 79-83 81 Building Official (E)
Assistant Zoning Administrator (E)
10 84-88 86 City Planner/Zoning Administrator (E),
Public Works Supervisor 11 (E)
11 89-93 91 Senior Planning Coordinator (E)
12 94-99 96.5
13 100-105 102.5
14 106-111 108.5 Police Chief (E),
Finance Director (E),
Public Services Director (E)
15 112-118 115
16 119-125
.122 City Administrator (E)
1
I
i I
(E) - Exempt
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I
'JU.’L
REQUEST FOR COUNCIL ACTION
^ d
%?
DATE: July 24,1997
ITEM NO: ^0
Department Approval:Adminis^tor Reviewed:Agenda Section:
Name Ron Moorse City Administrator’s
Title City Administrator Report
Item Description:/
City Logo Shirts
As part of the 1997 staff appreciation picnic activities, it is planned that polo shi*-ts with the Orono
city logo be purchased for all city staff. This is a practice that is common both in the public and
private sectors to show appreciation to staff and to build a sense of everyone being on the same team.
During discussion regarding the polo shirts, it was suggested that the Council members should be
approached regarding their interest in receiving a city logo shirt, and regarding their interest in
providing city logo shirts to the Planning and Park Commission members. It was also suggested that
the city may '•’"’'t to purchase a supply of city logo shirts for resale to Orono residents.
The city can purchase the shirts at a cost of $18.00 per shirt. The cost to provide shirts to the city
Council, the Park Commission, and the Planning Commission would be $342.00.
COUNCIL ACTION REQUESTED:
Motion to approve/deny the purchase of city logo shirts for the City Council, the volunteer
commissions, and for resale to Orono residents; and to authorize funding from the contingency
account.
I
* 1
JUi
^n\3
ed
Department Approval:
Name Ron Moorse
Title City Administrator
REQUEST FOR COUNCIL ACTION C/^ j. ^
DATE: July 24,1997
ITEM NO: ^ j
Administrator Reviewed:
•j
Agenda Section:
City Administrator ’s
Report
Item Description:
Local Planning Assistance Grant Application
The city is mandated to update its Comprehensive Plan by the end of 1998. This will involve
significant time, effort, and cost. The Metropolitan Council has local planning assistence grants
available to assist cities in completing their Comprehensive Plan updates. The m^imuin gran^
amount is $20,000. The amount received by the city is dependent upon the magmtude of gr^t
applications, since the grant funds are limited; and the city’s score on the grant application cntena^
The maximum grant amount that will be received by the city is probably between $10,000 and
$15,000.
A copy of the grant application and the grant criteria are attached. Although the proposed budpt
for the Comprehensive Plan update work plan is $88,000, this includes $60,000 for the completion
for the city’s surface water management plan. The grant includes partial funding of this amoun as
well as funding of several land use planning efforts.
Because the grant application was due on July 18, the application has been submitted. However, its
acceptance is contingent upon the Council adopting a resolution m support of the application,
resolution is attached for Council adoption.
COUNCIL ACTION REQUESTED:
Motion to adopt a resolution authorizing the applieation for a local planning assistance grant from
the Metropolitan Council.
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GlTYof ORONO
Municipal OfTIces
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Mallinf Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
July 18, 1997
Linda O'Connor, Office of Local Assistance
Metropolitan Council
Mears Park Centre
230 East 5th Street
St Paul, Minnesota 55101-1634
Dear Ms. O'Connor:
Attached is the application for a Metropolitan Council Local Planning Assistance Grant.
Although the city of Orono has been working toward the update of its comprehensive plan for
several years, the remaining costs of this process are ver>' difficult to fund. The cit> has expended
$130,000 for work related to its surface water management plan. This includes the cost of
topographic mapping of the entire city. The city has $60,000 of expenses remaining to complete the
SWMP and integrate it into the city's comprehensive plan. The city has also expended considerable
funds t^oughout the process of reaching a solution regarding the upgrade of Highway 12. Now that
a solution has been reached, the city has substantial work to do to reflect this solution in the various
elements of its comprehensive plan.
Each of the elements of the comprehensive plan will require consultant assistance for
planning, technical assistance, and mapping. The city is able to fund the majority of the remaining
costs of the comprehensive plan update, but would have difficulty funding all of the necessary
activities. The requested grant funds would assist the city in completing the necessary activities.
Due to the timing of City Council meetings, the resolution regarding the grant application
will be forwarded to you immediately following the July 28 Council meeting.
Those having signature authority for the grant agreement are Gabriel Jabbour - Mayor, and
Ronald J. Moorse - City Administrator.
Sincerely,
Ronald J. Moorse
City Administrator
Enclosure
Teiephone (612) 473-7357 • FAX 473-0510
r
GITYof ORONO
Municipal Omces
Street Address:
2750 Kelley Par1(way
Orono, MN 55356
Mailinf Address:
P.O. Box 66
Crystal Bay, MN 55323 0066
July 18, 1997
Linda O'Connor, Office of Local Assistance
Metropolitan Council
Mears Park Centre
230 East 5th Street
St. Paul, Minnesota 55101-1634
Dear Ms. O'Connor:
Attached is the application for a Metropolitan Council Local Planning Assistance Grant.
Although the city of Orono has been working toward the update of its comprehensive plan for
several years, the remaining costs of this process are very difficult to fund. The city has expended
$130,000 for work related to iis surface water management plan. This includes the cost of
topographic mapping of the entire city. The city has $60,000 of expenses remaining to complete the
SWMP and integrate it into the city's comprehensive plan. The city has also expended considerable
funds t^oughout the process of reaching a solution regarding the upgrade of Highway 12. Now that
a solution has been reached, the city has substantial work to do to reflect this solution in the various
elements of its comprehensive plan.
Each of the elements of the comprehensive plan will require consultant assistance for
planning, technical assistance, and mapping. The city is able to fund the majority of the remaining
costs of the comprehensive plan update, but would have difficulty funding all of the necessary
activities. The requested grant funds would assist the city in completing the necessary activities.
Due to the timing of City Council meetings, the resolution regarding the grant application
will be forwarded to you immediately following the July 28 Council meeting.
Those having signature authority for the grant agreement are Gabriel Jabbour - Mayor, and
Ronald J. Moorse - City Administrator.
Sincerely,
Ronald J. Moorse
City Administrator
I
Enclosure
Teiephone (612) 473-7357 • FAX 473-0510
it
*i
%
APPEP«)IX A
APPLICATION FOR
LOCAL PLANNING ASSISTANCE GRANT
Name of Community
City of Orono
Name of Contact (Contract Administrator)
Ronald J. Moorse
Address 2750 Kelley Parkway
P.O. Box 66
(City,Zip) Crystal Bay, MN 55323
Telephone and Fax 473-7357 Phone
473-0510 FAX
GRANT AMOUNT REQUESTED
Total amount may not exceed 75 % of the total cost of the work program.$20,000
FUNDING CRITERIA AND OBJECTIVES
1. Relationship to Regional Growth S^ategy and Region^ Blnep
■ . (90 possible points) ■ r ^
• Does your community include the Illustrative 2020 MUSA?
Yes
• Does your community include the Urban Reserve?
Yes
• Is your community within the Redevelopment Area or Inner Ring?
(Minneapolis, Saint Paul and adjacent suburbs.)No
2. Relationship to Regional Systems: . ..
(6 possible points) ^
•'tr-r.7 :r .rT . ** '
• Do you have Regional Wastewater Inflow and Infiltration Reduction
Goals?Yes
• Are you required to prepare a Local Water Management Plan?
(Only if watershed manaeement organization has completed a management plan)Yes
• Have you adopted Transportation Initiatives? (Trails, Transit, Park and
Ride, etc.)Yes
3. Relationship to Innovative and Creative Planning::
possiblepomft) ’
• Will you include Compact Design and Mixed Use Development?Yes
• Will you include Life Cycle Housing?Yes
4. Relationship to Economic Development: . .- i!
(12 possible points) i- . ‘S.t *• , r* «,.• • • » •,
• Will you include Economic Development in Transportation and Transit
Corridors?Yes
• Will you include Economic Redevelopment Plans or Policies?Yes
• Will you identify Economic Development in Brownfield Redevelopment
Areas?
Yes
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APPUCATION FOR
LOCAL PLANNING ASSISTANCE GRANT
Page 2
5. k~Relationship*tb Life Cycle Housing: 'rsi'ri;;*.i. •' *
^y(6possiUepobus)i.^ ■■
• r .*? ?.*t* v;: n-rK—r. '• .
• Are you, or will you be a Livable Communities Participant, or have a Life
Cycle Housing Plan?Yes
• Will your ordinances provide opportunities for Life Cycle Housing?
Yes
* Will you develop and implement a plan to make rural development densities
consistent with die Regional Blueprint?No
b.--lReiationship to Ihtergbveramehtal CbbrdinatioH:. *.;*•**.•. -•N-Lr*:''.-;.: •*;. -t.*.
• Will you work with neighboring communities to Share Services?
(I to 3 jurisdictions? More than 3 jurisdictions?)
„ More than 3
jllr^ QfH rf*f on«
i^^elaaoiiiihli^itdGliisiiwJl^^
^^^(Ipossible points) ‘••c-iy. ■&.
• Will you cooperate with neighboring communities to plan for
Transportation, Sewer, Water or Housing (Other)?Yes
iKl^'Plaiining Assistance Loan Requiaitrldii.v^^iiy .
i-r- .i.-.- •- Tt:-;;:-:
• '.^n --rr'. •.-rrt t..• r.%; i-s ‘-rt.vn.*-
• Indicate the loan amount and request loan information by contacting the
staff person indicated below.
Be sure to include the following information:
Attachment A - Work Plan and Budget
Attachment B - Resolution
Attachment C - Optional Information - Describe unique growth pressures and development issues
within your community.
Indicate name and title of city jfHcials or staff having signature authority for the grant agreement.
Please submit application to:
Linda O’Connor, Office of Local Assistance
Metropolitan Council, Mears Park Centre
230 East 5th Street., Saint Paul, MN 55101-1634
Telephone (612) 602-1098
CITY OF ORONO
COMPREHENSIVE PLAN UPDATE ACTIVITIES
I
t 1.
2.
3.
4.
5.
6.
7.
8.
The city of Orono is currently heavily involved in waste water I & I reduction efforts. The
city has discussed joint effoits with the city of Long Lake to reduce I & I to make additional
sewer capacity available to accommodate planned development in both cities. The
Comprehensive Plan update process will identify additional I & I reduction efforts as well
as address sewer capacity issues.
The city is in the process of completing a surface water management plan. The plan is
expected to be completed by early 1998. The plan will then be integrated into the city's
comprehensive plan.
The proposed solution for a upgrade of Highway 12 through Orono and Long Lake is a very
unique solution that meets identified needs without the construction of a four-lane roadway
and without causing wholesale land use changes. The Comprehensive Plan update process
will address land use changes along the new corridor and optimum land use along the
current Highway 12 corridor which will experience a 50% reduction in traffic at the time the
upgraded Highway 12 is constructed.
The city has developed a bike/hike trail system plan and has begun to implement that plan
thr ough the construction of bike/hike trails to meet both recreational and transportation
needs. The Comprehensive Plan update process will address pedestrian movement along
both the old and the new Highway 12 corridors.
The area adjacent to current Highway 12 could be appropriate for development that could
include compact design, mixed uses and life cycle housing. For example, land could be
developed with small scale neighborhood commercial uses which could serve an adjacent
senior housing development. The Comprehensive Plan update process will address this
potential.
The Lake Minnetonka area cities have obtained a small housing planning grant to use for
subregional housing planning. The information coming out of the subregional housing
planning effort will be plugged into the city's Comprehensive Plan update process.
Since the corridor for an upgrade of Highway 12 has now been selected, the city will update
its Comprehensive Plan to reflect the new Highway 12 corridor and the impact of the
corridor on other transportation routes and types.
There has recently been a new commercial development on a former service station site on
the edge of the Navarre commercial area in Orono. This could be a catalyst for further
redevelopment of the Navarre commercial area. The first step in this process would be a
meeting with the business and property owners to determine what their plans and visions are
for the area. This would be followed by a planning process, based on the objectives
identified by the business and property owners, to develop a plan for the future of the
Navarre area.
r
< f
9. The city has developed a general life cycle housing plan as part of its participation in the
Livable Communities Act. The joint housing planning the city will do in conjunction with
the other Lake Minnetonka area cities will provide important information to assist the city
in identifying life cycle housing needs.
10.
11.
The fourteen Lake Minnetonka area cities are involved in many efforts related to cooperative
service provision. The Lake Minnetonka cities plan to hire a consultant planner(s) to provide
planning assistance related to the lake area. Each individual city will then use the Lake Area
information to plug into their own Comprehensive Plan update so that each will include a
subregional perspective. The cities of Orono and Long Lake will closely coordinate their
planning efforts in relation to the shared commercial corridor along current Highway 12.
The city will explore issues related to rural residential development, municipal sewer service,
and cluster housing as a basis for clarifying its vision for future development.
r
CITY OF ORONO COMPREHENSIVE PLAN UPDATE ACTIVITIES
WORK PLAN 7/18/97
ACTIVITY
Regional Systems Issues
• I & I reduction and sewer
capacity planning
• Stormwater Management Plan
(remaining costs)
• Addressing land use changes along
new and old highway 12 corridors
• Addressing pedestrian movement
along highw ay 12 corridors
Innovative and Creative Planning
• Addressing potential for compact
development, mixed uses and life
cycle housing along current
highway 12
Economic Development
• Addressing impact of new
highway 12 corridor on other
transportation routes and types
• Redevelopment plan for Navarre
commercial area
Life Cycle Housing
• Housing planning with Lake
Minnetonka area cities regarding
life cycle housing
Intergovernmental Coordination
and Cluster Planning
• Lake Minnetonka cities hiring
consultant to provide planning
assistance related to the lake area
(Orono’s share of the costs listed
here)
Other Planning
• Exploring issues related to rural
residential developments municipal
sewer service and cluster housing
TOTAL BUDGET:
BUDGET
$3,000
$60,001
$3,000
$2,000
$4,<
$4,000
$5,000
$2,(
$3,000
$2,000
$88,000
CITY
$1,500
$54,000
$1,500
$1,000
$2,(
$2,000
$2,500
$1,000
$1,500
$1,000
$68,0(
GRANT
$1,500
$6,000
$1400
$1,000
$2,000
$2,000
$2400
$1,000
$1400
$1,000
$20,000
CITY OF ORONO RESOLUTION
AUTHORIZING APPLICATION
FOR A METROPOLITAN COUNCIL
PLANNING ASSISTANCE GRANT
WHEREAS, Minnesota Statutes sections 473.851 requires local units of goveminent to
prepare local comprehensive plans with land use controls that are consistent with planned, orderly
and staged development and with metropolitan system plans; and
WHEREAS, Minnesota Statues section 473.854 and 473.867 authorize the Metropolitan
Council to prepare and adopt guidelines establishing uniform procedures for the award and
disbursement of planning assistance grants and loans; and
WHEREAS, Minnesota Statues 473.867 authorizes the Council to give funding to local units
of government to review and amend their local comprehensive plans, fiscal devices and official
controls; and
WHEREAS, the city requires a planning assistance grant to complete comprehensive
planning activities, specifically planning waste water I & I reduction efforts, surface water
management planning, integrating the Highway 12 corridor solution into the city's Comprehensive
Plan, and planning for lifecycle housing.
NOW THEREFORE, BE IT RESOLVED that the City Administrator is hereby authorized
to submit an application to the Metropolitan Council for a planning assistance grant to update and
revise the city's comprehensive plan; and
BE IT FURTHER RESOLVED that a certified copy of this resolution shall be submitted
with the planning assistance grant application.
This resolution adopted by recorded vote of the city of Orono in open session on the 28th day
of July, 1997.
ATTEST:Gabriel Jabbour, Mayor
Dorothy M. Hallin, City Clerk
m
f," f'
i
REQtTEST FOR COUNCIL ACTION
%
DATE: July 25, ^
ITEM NO;= M.e <5>
Department Approyal:
Name Dorothy Hallin
TWe City Clerk
inistrator Reviewed:
Item Description:
List of Licenses for Council Approve
Agenda Section:'''^^
Licenses
CLUB FIREARM USE PERMIT - Annual Permit for:
Park Gun Club
3600 Sixth Avenue North
COUNCn. ACTION REQUESTED
Motion to aii^l^ove/deny above listed license.
♦ ;
1 !
i
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Date:July 21,1997
To:Ron Moorse, City Administrator
From: Gary Cheswick, Chief of Police
Subject: Annual Firearm Use Permit - Park Gun Club
I have reviewed the application of Park Gun Club for annual firearm use permit.
I have no objection to the issuance of the permit.
r
DATE:
APPLICAN
APPLICANT'S ADDRESS:
APPLICATION FOR FIREARM USE PERMIT
CITY OF ORONO
4886.1 (34)
d ^ t/j/U^ CU h CAJfJr^
reet -J clti^zip
SS^f
PROPERTY OWNER'S NAME:
PROPERTY OWNER’S ADDRESS;
DESCRIPTION OF PROPERTY:
3^00^-- Vft ^ ^ ^ yiaA
13
TYPE OF PERMIT: $25.00 ANNUAL )(
(Club Only) ‘
$10.00 OCCASIONAL
(15 to 120 Days)
$25.00 GAME ANIMALS
RESTRICTIONS:
I agree that this permit doesn't allow the hunting of game birds
or game animals in the City of Orono unless specifically stated
In this permit and agree to abide by all applicable federal,
state and local laws.
Fee Paid:
Date:
Check
Cash:
7- 7
ignat)8rd' of applicant
RECOMMENDED: ^YES
Initials
Public Safle^y'’Director
APPROVED:YES NO
REMARKS:City Administrator
f .t jr >
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^OUAr cP5
^<3
14 Jul 1997
Mon 2:23 PM
Check Register
City of Orono
Check
Number Date Name
Check Number
54286
54206 CITY COUNTY CREDIT ONION
16-Jul-97 CITY COONTY CREDIT ONION
Totals Check Number 54206 CITY COONTY CREDIT ONION
Check Number 54287 FIRST NATIONAL BANK OF LAKES
54287
54287
54287
16-JU1-97
16-Jul-97
16-Jul-97
FIRST NATIONAL BANK OF LAKES
FIRST NATIONAL BANK OF LAKES
FIRST NATIONAL BANK OF LAKES
Totals Check Number 54287 FIRST NATIONAL BANK OF LAKES
i|.Check Number 54288 GREAT NEST LIFE ASSURANCE CO
54288 16-Jul-97 GREAT NEST LIFE ASSURANCE CO.
Totals Check Number 54288 GREAT NEST LIFE ASSURANCE CO.
Check Number 54289 HENNEPIN CC. SUPPORT k COLL
54289 16-JU1-97 HENNEPIN CO. SUPPORT k COLL
Totals Ctieck Number 54289 HENNEPIN CO. SUPPORT k COLL
Check Number 54290 HENNEPIN COUNTY SUPPORT k COLL
54290 16-JU1-97 HENNEPIN COUNTY SUPPORT k COLL
Totals Check Number 54290 HENNEPIN COUNTY SUPPORT k COLL
Check Number 54291 ICMA RETIREMENT TRUST - 457
54291 l6-Jul-97 ICMA RETIREMENT TRUST - 457
Totals Check Number 54291 ICMA RETIREMENT TRUST - 457
Check Number 54292 LAW ENFORCMENT LABOR SERVICE
54292 16-Jul-97 LAW ENFORCMENT LABOR SERVICE
Totals Check Number 54292 LAW ENFORCMENT LABOR SERVICE
Check Number 54293 MN DEPT OF REVENUE
54293 16-JU1-97 MN DEPT OF REVENUE
Totals Check Number 54293 MN DEPT OF REVENUE
Check Number 54294 MN MUTUAL LIFE
54294 16-Jul-97 MN MUTUAL LIFE
Totals Check Number 54294 MN MUTUAL LIFE
Transaction
Amount
7,812.00
7,812.00
3,221.21
3,221.21
8,279.63
14,722.05
791.46
791.46
174.50
174.50
184.50
104.50
125.00
125.00
495.00
495.00
3,505.65
3.505.65
514.00
514.00
Page 1
Comments
SAVINGS W/H k TRANSFERRED
FICA k MEDICARE W/H
FICA.MEDCR CITY SHARE
FEDERAL WITHHOLDING
DEFERRED COMP W/H
THOMTON IC0266780
SKREEN iC0262310
DEFERRED COMP W/H
UNION DUBS W/H
STATE TAX W/H
DEFERRED COMP W/H
. i
! i
i i
■■ A V.'•**»14 Jul 1997 Mon 2:23 PM Check Register City of Oronoi\
I
CheckNumber Date NameCheck Nuinbex 54295 54295 MN STATE RETIREMENT-DEF COMP16-Jul-97 MN STATE RETIREMENT-DEF COt^Totals Check Number 54295 MN STATE RETIREMENT-DEF COMPCheck Number 54296 PEBSCO/OBRA
54296 16-Jul-97 PEBSCO/OBRA
Totals Check Number 54296 PEBSCO/OBRA
Check Number 54297 PEBSCO/US CONF OF MAYORS
54297 16-Jul-97 PEBSCO/US CONF OF MAYORS
Totals Check Number 54297 PEBSCO/US CONF OF MAYORS
Check Number 54298 PERA
54298
54298
16-Jul-97
16-JU1-97
PERA
PERA
Totals Check Number 54298 PERA
Check Number 54299 UNITED HAY
54299 16-JU1-97 UNITED WAY
Totals Qieck Number 54299 UNITED WAY
Grand Total •
TransactionAmount265.00265.00
214.26
214.26
1,897.86
1,897.86
4,227.33
5.600.77
9,828.10
23.00
23.00
40,552.38
Page 2CommentsDEFERRED COMP Vl/H
OBRA DEFERRED COMP W/H
USCM DEFERRED COMP W/H
PERA EMPLOYEE W/H
PERA CITY SHARE
aiARITY DONATIONS W/H
U
a
24 Jul 1997 Thu 12:40 PM Check Register City of Orono
Check
Number Date Name
Check Number
54341
54341 A-1 OUTDOOR POWER INC.
20.jul.97 A-1 OUTDOOR POWER INC.
Totals Check Number 54341 A-1 OUTDOOR POWER INC
Check Number 54342 AMEM
54342
54342
ll-Jul-96
14-Apr-97
AMEM
AMEM
Totals Check Number 54342 AMEM
Check Humber 54343 AMERICAN MEDICAL SECURITY
54343 28-Jul-97 AMERICAN MEDICAL SECURITY
Totals Check Number ’ 54343 AMERICAN MEDICAL SECURITY
Check Number 54344 AT6T MIRBLESS SERVICES
54344
54344
54344
28-JU1-97
28-JU1-97
28-JuX-97
ATtT WIRELESS SERVICES
ATtT WIRELESS SERVICES
ATtT WIRELESS SERVICES
Totals Check Hun0>er 54344 ATtT WIRELESS SERVICES
Check Number 54345 AUGIES MOBILE CHEF
54345 28-JU1-97 AUGIES MOBILE CHEF
Tbtals Check Number 54345 AUGIES MOBILE CHEF
Check Number 54346 BANYON DATA SYSTEMS
54346
54346
54346
14-Ju1-97
14-JU1-97
14-JU1-97
BANYON DATA SYSTEMS
BANYON DATA SYSTEMS
BANYON DATA SYSTEMS
Total* Check Number 54 346 BANYON DATA SYSTEMS
Check Number 54347 BLACKOWIAK k SON
54347 28-Jul-97 BLACKOWIAK k SON
Totals Check Number 54347 BLACKOWIAK k SON
Check Number 54348 BUDGET PRINTING
54348
54348
54348
28-JU1-97
28-Jul-97
28-Jul-97
BUDGET PRINTING
BUDGET PRINTING
BUDGET PRINTING
Totals Check Number 54348 BUDGET PRINTING
Transaction
Amount
96.41
96.41
80.00
80.00
160.00
526.17
526.17
5.50
5.49
109.97
120.96
55.52
55.52
6.00
6.00
30.66
42.66
175.00
175.00
22.95
11.18
172.98
207.11
Page 1
Comments
MISC PARTS
TOMCHECK-AMEM CONFERENCE
CHESWICK-1997 DUES
AUGUST INSURANCE
CELL PHONE CHARGES
CELL PHONE CHARGES
CELL PHONE CHARGES
FOOD FOR RESALE
annual SOFTWARE SUPPORT
ANNUAL SOFTWARE SUPPORT
annual SOFTWARE SUPPORT
leaf PICKUP
INFORMATION FORM
COPIES
receipt BOOKS
r? >t
I
24 Jul 1997 Thu 12:40 PM
Check
Check Register
City of Orono
Number Date Nute
Check Number 54349 CAIRNS 4 BROTHER INC.
S4349 28-JU1-97 CAIRNS k BROTHER INC.
Totals Check Number 54349 CAIRNS & BROTHER INC.
Check Number 54350 CHAPIN CONSTRUCiTON BULLETIN
54350 28-Jul-97 CHAPIN CONSTRUCTION BUr.T.ETIH
Totals Check Number 54350 CHAPIN CONSTRUCTION BOT.T.FTIN
Check Number 54351 CHUNKS LAKESHORE AUTO
54351 28-Jul-97 CHUNKS LAKESHORE AUTO
54351 28-JU1-97 CHUNKS LAKESHORE AUTO
54351 28-JU1-97 CHUNKS LAKESHORE AUTO
54351 28-JU1-97 CHUNKS LAKESHORE AUTO
54351 28-JU1-97 CHUNKS LAKESHORE AUTO
54351 28-JU1-97 CHUNKS LAKESHORE AUTO
54351 28-JU1-97 CHUNKS LAKESHORE AUTO
54351 28-JU1-97 CHUNKS LAKESHORE AUTO
54351 28-JU1-97 CHUNKS LAKESHORE AUTO
Totals Check RUfflber 54351 CHUNKS LAKESHORE AUTO
Check Number 54352 CITY OP WAY2ATA
54352 02-Jul-96 CITY OF WAYZATA
Totals Check Number 54352 CITY OF WAYZATA
Check Number 54353 CITYVIEW PLUMBING & HEATING
54353 28-Jul-97 CITYVir.^ PLUMBING & HEATIIKS
Totals Check Number 54353 CITYVirw PLUMBING 6 HEATING
Oieck Number 54354 COLONIAL LIFE INSURANCE CO.
54354 28.Jul-97 COLONIAL LIFE INSURANCE CO.
Totals Check Number 54354 COLONIAL LIFE INSURANCE CO.
Check Number 54355 DEALER AUTOMOTIVE SERVICES
54355 28-Jul-9' DEALER AUTOMOTIVE SERVICES
Totals Check Number 54355 DEALER AUTOMOTIVE SERVICES
Check Number 54356 ENGINEERING REPRO SYSTEMS
54356 28-Jul-97 ENGINEERING REPRO SYSTEMS
Transaction
Amount
4,500.00
4,500.00
120.40
120.40
3,707.75
3,707.75
29.06
29.06
898.06
898.06
95.85
95.85
Page 2
Comments
CAMERA-ORONO SHARE
AD FOR IRRIGATION SYS
460.81 *172 BRAKES, OIL CHG
31.63 • 176 OIL CHG
264.53 • 176 REPLACE DOOR MIRROR
93.86 •175 CLEAN RADIATOR
29.33 • 173 ELECTRICAL WORK
74.45 • 177 OIL CHG, ELEC WORK
544.83 •176 BRAKES
94.71 •174 INSTALL AR-15 MOUNT
23.46 • 176 HEADLIGHT
1,617.61
3RD QTR FIRE PROTECTION
MISC PARTS
JULY INSURANCE
RUSTPROOFING #422
15.92 CLEAR VINYL ENVELOPE
r
i i
24 JuX 1997
Thu 12:40 PH
Check
City
Register
of Orono
Check
Number Date Name
Transaction
Amount
Check Number 54356 ENGINEERING REPRO SYSTEMS
54356 28-JU1-97 ENGINEERING REPRO SYSTEMS 15.53
Totals Check Number 54356 ENGINEERING REPRO SYSTEMS 31.45
Check Number 54357 ESI CO^WUNICATIONS
54357 28-JU1-97 ESI CQfWUNICATKMS 130.95
Totals Check Number 54357 ESI COMtUNICATIONS 130.95
Check Number 54358 ESS BROTHERS k SONS
54358 28-JU1-97 ESS BROTHERS k SONS 562.32
Totals Check Number 54358 ESS BROTHERS k SONS 562.32
Check Number 54359 EUIX'S MANUFACTURING CO. INC.
54359 28-Jul-97 BULL'S MANUFACTURING CO . INC.146.44
54359 28-JU1-97 BULL'S MANUFACTURING CO . INC.229.72
Totals Check Number 54359 BULL'S MANUFACTURING CO,. INC.376.16
Check Number 54360 FEED RITE CONTROLS
54360 28-JU1-97 FEED RITE CONTROLS 15.00
Totals Check Number 54360 FEED RITE CONTROLS 15.00
Check Number 54361 FIRSTAR TRUST COMPANY
54361 28-JU1-97 FIRSTAR TRUST COMPANY 13.150.78
54361 28-Jul-97 FIRSTAR TRUST COMPANY 13.464.84
54361 28-JU1-97 FIRSTAR TRUST COMPANY 6.084.38
54361 28-JU1-97 FIRSTAR TRUST COMPANY 40.787.50
Totals Check Number 54361 FIRSTAR TRUST COMPANY 73.487.50
Check Number 54362 G a X SERVICES
54362 28-Jul-97 G a K SERVICES 54.69
54362 28-JU1-97 G a K SERVICES 70.07
54362 28-Jul-97 G a K SERVICES 54.69
54362 28-Jul-97 G a K SERVICES 62.23
54362 28-Jul-97 G a K SERVICES 12.15
54362 28-JU1-97 G a K SERVICES 5.93
Totals Oieck Number 5436' G a K SERVICES 259.76
Check Number 54363 GOLF CAR MIDWEST
54363 28-JU1-97 GOLF CAR MIDWEST 5.20
Totals Check Number 54363 GOLF CAR MIDWEST 5.20
Page 3
Comments
VINYL ENVELOPE 18 X 24
REPAIR EXT 118
ADJUSTMSrr RINGS
TAR PER BOX
AHJUSTMENT RINGS
CONTAINER CHARGE
DEBT DUB 8-1-97
DEBT DUB 8-1-97
DEBT DUB 8-1-97
DEBT DUB 8-1-97
FLOOR MATS
FLOOR MATS
FLOOR MATS
STREET EMPLOYEES
RATHBUN
STEFFENHAGEN
KEY
i I
» ‘
» *
r 24 Jul 1997
Thu 12:40 PM Check Register
City of Orono
Oieck
HUmber Date Kama
Check Number
54364
54364
54364 GOPHER STATE ONB-CALL INC.
28-JU1-97 GOPHBR STATE ONE-CALL INC.
28-JU1-97 gopher STATE ONE-CALL INc!
r
Total, Check Number 54364 GOPHER STATE ONE-CALL INC.
Check Number S4365 HAMEL BUILDING CENTER
54365 28-Jul-97 HAMEL BUILDING CENTER
Total. Check Number S436S HAMEL BUILDING CENTER
Check Number 54366 HANSINO, CAROL
54366 28-JU1-97 HANSING. CAROL
Total, Check Number 54366 HANSING, CAROL
Qieck Number 54367 HWIANCE SOCIETY OP HRIGHT CO
54367 28-JU1-97 HUMANCE SOCIETY OP HEIGHT CO
Totals Check Number 54367 HUMANCE SOCIETY OP HRIGHT CO
Q»eck Number 54368 HYDRO SUPPLY CO.
54368 28-Jul-97 HYDRO SUPPLY CO.
Total, Check Number 54368 HYDRO SUPPLY CO.
Check Number 54369 ICMA CONPERENCE REGISTRATION
54369 28-Jul-97
Total, Check Number
ICMA CONPERENCE REGISTRATION
54369 ICMA CONPERENCE REGISTRATION
Check Number 54370 JOHN BECKMAN
28-Jul-97 JOHN BECKMAN
Total, Check Number 54370 JOHN BECKMAN
Oieck Number 54371 KURZHALS. ROBERT
54371 28-JU1-97 KURZHALS, ROBERT
Total, Check Number 54371 KURZHALS. ROBERT
Check Number 54372 LAKE MANAGEMNT INC.
54372 20-Jul-97
Totals Check Number
lake MANAGEMNT INC.
54372 LAKE MANAGEMNT INC.
Transaction
Amount
61.25
61.25
122.50
10.22
10.22
21.00
21.00
72.50
72.50
74.50
74.50
714.00
714.00
250.00
250.00
7.55
7.55
686.00
686.00
Page 4
Comroents
JDNE SERVICE
JUNE SERVICE
GRATE-HACKBBRRY PK
expense REIMBURSEMENT
2ND OTR IMPOUND
hydroapps pulse check
MOORSE-REGISTRATIOM
PATCH WALLS IN C.C.
REFUND-325 OLD CRYSTAL BY
POND maintenance
, i
24 Jul 1997 Check Register
Thu 12:40 PM City of Orono
Check Transaction
Number Dace Name Amount Comments
Check Number S4373 LAND CARE EQUIPMENT
54373 28-Jul-97 LAND CARE EQUIPMENT 2,332.91 SWEEPER
54373 2B-JU1-97 LAND CARE EQUIPMENT 32.55 ELEMENT
54373 28-Jul-97 LAND CARE EQUIPMENT 51.08 BELT
54373 28-Jul-97 LAND CARE EQUIPMENT 316.91 REPAIR STEINER
Totals Check Number 54373 LAND CARE EQUIPMENT 2,733.45
Check Number 54374 LAWN DETAILERS INC.
54374 28-Jul-97 LAWN DETAILERS INC.3.145.22 JUNE SERVICES
Totals Check Number 54374 LAWN DETAILERS INC.2,145.22
Check Number 54375 LONG LAKE TRACTOR EQUIPMENT
54375 28-JU1-97 LONG LAKE TRACTOR EQUIPMENT 18.78 OIL
Page 5
Totals Check Number 54375 LONG LAKE TRACTOR EQUIPMENT
Check Number 54376 MALLOY MONTAGUE KARNOWSKI k CO
54376 28-JU1-97 MALLOY MONTAGUE KARNOWSKI k CO
Totals Check Number 54376 MALLOY MONTAGUE KARNOWSKI k CO
Oieck Number 54377 MET COUNCIL ENVIRONMENTAL SVCS
54377 08-Aug-96 MET COUNCIL ENVIRONMENTAL SVCS
Totals Check Number 54377 MET COUNCIL ENVIRONMENTAL SVCS
Check Number 54378 MIDWEST ASPHALT
54378
54378
28-Jul-97
28-Jul-97
MIDWEST ASPHALT
MIDWEST ASPHALT
Totals Check Number 54378 MIDWEST ASPHALT
Check Number 54379 MINNEAPOLIS OXYGEN COMPANY
54379 28-JU1-97 MINNEAPOLIS OXYGEN COMPANY
Totals Check Number 54379 MINNEAPOLIS OXYGEN COMPANY
Qieck Number 54380 MN BENEFIT ASSOCIATION
54380 08-Aug-96 MN BENEFIT ASSOCIA. JN
Totals Oieck Number 54380 MN BENEFIT ASSOCIATION
Check Number 54381 MN DEPT OF economic SECURITY
54381 28-Jul-97 MN DEPT OF ECONOMIC SECURITY
18.78
1.788.00
1.788.00
482.60
51.12
533.72
AUDIT RFP #4 / FINAL
SAC CHARGES-JUNE
ASPHALT PATCH
ASPHALT PATCH
ACETYLENE, OXYGEN
AUGUST INSURANCE
33.10 DOCKEN-UNQ4PLOYMENT HAGES
r
(
24 Jul 1997
Thu 12:40 PM
Check Register
City of Orono
Check
Number Date Name
Check Number 54301 MN DEPT OF ECONOMIC SECURITY
Totals Check Number 54381 MN DEPT OF ECONOMIC SECURITY
Check Number 54382 MN GOVT FIN. OFFICER'S /*SSN
54382 08-Aug-96 MN GOVT FIN. OFFICER'S ASSN
Totals Check Number 54382 MN GOVT FIN. OFFICEi ’S ASSN
Check Hunger 54383 MN STATE TREASURER
54383 28-JU1-97 MN STATE TREASURER
Totals Check Number 54383 MN STATE TREASURER
Check Number 54384 MOODY'S INVESTORS SERVICES
54384 28-Jul-97 MOODY'S INVESTORS SERVICES
Totals Check Number 54384 MOODY'S INVESTORS SERVICES
Check Number 54385 MOORSE, RON
54385 28-JU1-97 MOORSE, RON
Totals Check Nurber 54385 MOORSE, RON
Check Number 54366 NORTH STAR TURF
54386 20-JU1-97 NORTH STAR TURF
Totals Check Number 54386 NORTH STAR TURF
Qieck Number 5 4387 O'SULLIVANS AUTO REPAIR
54387 14-Jul-97 O'SULLIVANS AUTO REPAIR
Totals Check Number 54387 O'SULLIVANS AUTC kbiAlR
Check Number 54388 OFFICE DEPOT
54388
54388
28-JU1-97
28-JU1-97
OFFICE DEi>OT
OFFICE DLPOT
Totals Check Number 54308 OFFICE DEPOT
Check Number
54'09
54309 OLD DUTCH FOODS INC.
28-JU1-97 OLD DUTCH FOODS INC.
Totals Check Number 54309 OLD DUTCH FOODS INC,
Check Number 54390 PERRYS TRUCK REPAIR
54390 28-Jul-97 PERRYS TRUCK REPAIR
Transaction
Amount
33.10
165.00
165.00
2.253.34
2.253.34
5.300.00
5.300.00
391.23
391.23
19.40
19.40
17.30
17.30
236.25
1.048.50
1.284.75
20.02
20.02
63.00
Page 6
Comments
KUEHN-MNGFOA CONFERENCE
2ND OTR BLDG SURCHAROB
BOND RATING SERVICES
ICMA EXPENSE REIMB
AIR FILTERS
‘!HANGE
MISC SUPPLIES
IBM TYPEWRITER
CHIPS FOR RESALE
JE^ RO'^DER REPAIRS
r/24 Jul 1997
Thu 12:40 PM
Qieck Register
City of Oronu
Check
Number Date Name
Check Number
54390
54390
54390
54390 PERRYS TROCK REPAIR
28-Jul-97 PERRYS TRUCK REPAIR
28-Jul-97 PERRYS TRUCK REPAIR
28-Jul-97 PERRYS TRUCK REPAIR
Totals Check Number 54390 PERRYS TRUCK REPAIR
Check Number 54391 PIC..EER
54391
54391
54391
54391
28-JU1-97
28-Jul-97
28-JU1-97
28-JU1-97
PIONEER
PIONEER
PIONEER
PIONEER
Totals Check Number 54391 PIONEER
Check Number 54392 PORTICO COMPUTERS INC.
54392 28-JU1-97 PORTICO COMPUTERS INC.
Totals Check Number 54392 PORTICO COMPUTERS INC.
Check Number 54393 PRAIRIE OFFSET
54393 28-Jul-97 PRAIRIE OFFSET
Totals Check Number 54393 PRAIRIE OFFSET
Check Number 54394 QUALITY FLOW SYSTEMS INC
54394 28-Jul-97 QUALITY FLOW SYSTEMS INC.
Totals Check Number 54394 QUALITY FLOW SYSTEMS INC.
Check Number 54395 RADISSON ARROWWOOD RESORT
54395 28-JU1-97 RADISSON ARROWWOOD RESORT
Totals Check Number 54395 RADISSON ARROWWOOD RESORT
Check Number 54396 RC IDENTIFICATIONS
54396 28-JU1-97 RC IDENTIFICATIONS
Totals Check Number 54396 RC IDENTIFICATIONS
Check Number 54397 REED VENDING
54397 28-Jul-97 REED VENDING
Totals Check Humber 54397 REED VTNDING
Check Number
54398
54398 ROLF ERICKSON EiriERPRISES
16-Jul-96 ROLF ERICKSON ENTERPRISES
Transaction
Amount
507.96
75.00
232.60
878.56
92.61
178.60
92.61
297.68
661.50
828.37
828.37
320.14
320.14
28.76
28.76
178.92
178.92
3.73
3.73
130.10
130.10
6,568.80
Page 7
Cofnnents
BOBCAT REPAIRS
PARTS RETURN
AUCTION EXPENSES
1996 FINANCIAL SUMMARY
1996 FINANCIAL SUM4ARY
1996 FINANCIAL SU^WARY
1996 FINANCIAL SUMMARY
HP SCANNER
ENVELOPES
MISC PARTS
MILLER-CONFIRM SR0941950
ID CARD-BRESSLER
CANDY FOR RESALE
AUGUST FEB
r
H
24 Jul 1997
Thu 12:40 PM
Check
Number
Check Number
Check Register
City of Orono
Date Name
54390 ROLF ERICKSON ENTERPRISES
Totals Check Number 54398 ROLF ERICKSON ENTERPRISES
Check Number
54399
54399 ROWLETTE. BRADLEY
28-Jul-97
Totals Check Number
ROWLETTE. BRADLEY
54399 ROULETTE. BRADLEY
Check Number
54400
54400
54400
54400 SCKARBER & SONS
28-JU1-97
20-JU1-97
28-JU1-97
Totals Check Number
SCHARBER k SONS
SCKARBER k SONS
SCHARBER k SONS
54400 SCHARBER k SONS
Cheek Number
54401
54401 SIFMS. RAY
20 Jul-97
Totals Check Number
SIMMS. RAY
54401 SI^•iS. RAY
Check Number
54402
54402 SNYDER DRUG STORES
28-JU1-97
Totals Check Number
SNYDER DRUG STORES
54402 SNYDER DRUG STORES
Check Number
54403
54403 STAR TRIBUNE
28-JU1-97
Totals Check Number
STAR TRIBUNE
54403 STAR TRIBUNE
Check Number
54404
54404
54404
54404 STREICHERS
28-JU1-97
28-Jul-97
28-Jul-97
STREICHERS
STREICHERS
STREICHERS
Totals C^eck Number 54404 STREICHERS
Check Number
54405
54405 SUPERIROR FCR LANDFILL INC.
28-JU1-97
Totals Check Number
SUPERIROR FCR LANDFILL INC.
54405 SUPERIROR FCR LANDFILL INC.
Check Number
54406
54406 TRACY TRIPP FUELS
28-Jul-97
Totals Check Number
TRAC/ TRIPP FUELS
54406 TRACY TRIPP FUELS
Transaction
Amount
6.568.80
7.12
7.12
142.75
19.99
13.66
176.40
21.11
21.11
5.40
5.40
26.00
26.00
106.45
6.65
31.95
145.05
116.60
116.60
2.925.23
2.925.23
Page 8
Comments
REFUND-25 CYGNET PL
REPAIR JOHN DEERE
MISC PARTS
EXTENSION
REFUr,T)-2003 SUOARHOOD DR
MISC SUPPLIES
SUBSCRIPTION RENEWAL
GUN LOCK ASSEMBLY
GUN LOCK-BAL DUE
LIGHT
DUMPING TREATED TIMBERS
UNLEADED GAS
r
it
24 Jul 1997 Thu 12:40 PM Check Register City of Orono
Check
Number Date Name
Check Number
S4407
54407
54407
54407 US WEST COWUNICATIONS
28-JU1-97 US WEST COMMUNICATIONS
28-Jul-97 US WEST COMMUNICATIONS
28-JU1-97 US WEST CO^«UNICATIONS
Totals Check Number 54407 US WEST COfWONICATIONS
Check Number 54408 HARNINQ LZTES OF MN
54408 28-Jul-97 WARNING LITES OF MN
Totals Check Number 54408 WARNING LITES OF MN
Check Number 54409 WAYZATA BAY CAR NASH
54409 17-JU1-96 WAYZATA BAY CAR WASH
Tota.j Check Number 54409 WAYZATA BAY CAR WASH
Check Number 54410 WESTONKA GLASS SERVICE
54410 28-Jul-97 WESTONKA GLASS SERVICE
Totals Check Number 54410 WESTONKA GLASS SERVICE
Grand Total
Transaction
Amount
39.05
45.94
344.42
429.41
105.44
105.44
399.38
399.38
12.70
12.70
124.654.92
Page 9
Comments
US WEST aiARGES
US WEST CHARGES
US WEST CHARGES
BARRICADE RENTAL
CAR WASH TICIOSTS
iii
REPAIR GLASS • CLUBHOUSE
#:
r
V
M
INFORMATION
ITEMS
COUNCIL MEETING
COUNCtt-weeing
JUU 2 8
CITY OF ORONO
OF
i
CITY OF WAYZATA
600 RICE STREET. ^VAYZATA. MINN. 55391
PHONE 473-0234
July 16, 1997
Tom O'Keefe
Patti Loken
Metropolitan Division
Waters Edge
1500 West County Road B-2
Roseville, MN 55113
pecew®'®
J\)V 1 \
^ OF OBOMO
Dear Tom and Patti:
We are writing to urge MnDot to consider Alternative 3 as previously presented to you
by the City of Wayzata as the viable working plan for the eastern interchange on the TH 12
extension.
As we met with the most affected constituencies, a number of themes emerged.
There is a universal desire to preserve as much as possible the rural character of our
area. This means, specifically: minimize both asphalt and elevations in the roadway
(bridges, ramps, and the roadbed itself). Noise pollution is a grave concern.
Additional concerns of the City of Wayzata include: space for the full operation of our
Public Works Department, provisions for the Ailfillment of our lease with Meyer Bros.
Daily, noise protection, and preserving the integrity of the City cemetery.
Wayzata Country Club needs to maintain its skeet range as well as the operation of its golf
courses Noise pollution is a threat to the character of the club; b-^nce, keeping the highway
as far away as possible is desirable, while keeping the elevation of the road low.
Woodhill Country Club requests that we keep the roadbed away from the signature hole of
their 80 year old golf course. Not only noise but also a delicate balance of ventilation for
their 6th green and the aesthetics of the course setting are concerns.
Both country clubs have communicated with you separately regarding their concerns and
desires. We have let you know that Wayzata is open to the replacement of our public works
facility.
r
With Wayzata Country Club s willingness to be approached regarding an alternative location
for the Wayzata Public Works facility on their property and with the support of the other
constituencies, we have a unique opportunity to resolve amicably what could otherwise be a
sticky situation. We urge you to join us in working with all parties and the cities of Long
Lake and Orono to settle this part of the plan by moving Alternative 3 forward.
Sincerely,
Bariy Petit
Mayor
A1 Orsen
City Manager
cc:
City of Long Lake, Manager Joe Lynch
City of Orono, Manager Ron Moorse
Wayzata Country Club, Manager Chuck Krause
Woodhill Country Club, Manager Mark Albrecht
Wayzata TH 12 Design Review Committee Representatives
TO;Orono Highway 12 Design Review Committee Members
FROM: Highway 12 Design-East Neighborhood Committee
DATE:July 25,1997
SUBJECT: Response to the Proposal to Move the Highway 12 Roadway 45 Feet South at the
Bayview Townhomes
The Highway 12 Design —East Neighborhood Committee is strongly opposed to the proposal to
move the planned Highway 12 roadway 45 feet south at the Bayview Townhomes. This proposal
would move both the rail road and the roadway 15 to 25 feet closer to the homes in Orono on Orono
Oaks Drive. The reasons for the opposition are as follows:
1.
2.
3.
4.
The rail road has already been moved a much rreater distance closer to the Orono Oaks
neighborhood than to any other neighborhood along the corridor. Because the roadway will
be located directly to the north of the rail road, the Orono Oaks neighborhood will be
substantially affected by the new highway versus being totally unaffected by the current
highway. Moving the railway and the roadway even further to the south is not acceptable.
The property owners in the Orono Oaks area have put aside concerns regarding the existing
corridor proposal in favor of working with Mn/DOT to make the existing corridor as
palatable as possible. A relocation of the corridor now would be a major step backwards.
It is important to maintain the integrity of the existing corridor proposal. If a substantial
change is made to accommodate one interest group at the expense of another the entire
corridor proposal could be reopened for debate.
The proposal will require the purchase of additional right-of-way - increasing the project
costs which are borne by all taxpayers.
5. The proposal will require the removal of additional homes.
6. While the residents of Orono Oaks currently are far removed from a highway, but will have
a highway located in close proximity to their properties under the currei.'. proi )sal; the
Bayview Townhomes are currently located adjacent to a busy highway. The existing
corridor proposal will benefit the townhomes by a major reduction in traffic on current
Highway 12-transforming a busy highway into a local street. Although this will b offset
by the location of the new Highway 12 roadway directly behind the townhomes, it can
certainly argued that the impact on the townhomes by the current proposal is already
sigmficantly less than the impact of the current proposal on the Orono Oaks properties.
7. It is important that at some point in this process a line is drawn beyond which the roadway
cannot intrude. It is important that this line be drawn now to communicate to Mn/DOT very
strongly that the corridor needs to remain where it is currently proposed and that the process
in which we are currently involved is one of designing the roadway not locating the corridor.
The Highway 12 Design —East Neighborhood Committee urges the Orono Highway 12 Design
Review Commitcee members to strongly support the neighborhood committee's position on this
issue.
r
r ■
I
h
i
CITY OF ORONO
NOTICE OF PUBLIC MEETING
HIGHWAY 12 DESIGN-WEST NEIGHBORHOOD COMMITTEE
NOTICE is hereby given that the Highway 12 Design-West Neighborhood Committee will
meet on Thursday, July 31, 1997, at 5:30 p.m. in the Orono Council Chambers, 2780 Kelley
Parkway, Orono, Miimesota. The Committee will discuss issues related to the design of "new”
Highway 12, including the Highway 12 and County Road 6 interchange. This meeting is open to
the public.
/s/ Dorothy M. Hallin
City Clerk
Posted at:
City Hall
Navarre Post Office
Long Lake Post Office
Crystal Bay Post Office
■ i
y
REPORT NBR. BPRMTISS-1 DATE OF RUNPERMIT TYPEBuildingSGL FAMILY-NEWSF-ADD/REMODELSF-ACC STRUCTURE
DEMO/PRINCIPAL
COM-ADD/REMODEL
INST-ADD/REMODEL
INST-ACC STRUCT
ACC/GARAGES
Sub-total
Mechanical
HEATING SYSTEMS
AIR CONDITIONING
FIREPLACE
VENTILATION
GAS LINE INSPECT
DUCT WORK ONLY
REMOVE OIL TANK
Sub-total
Plumbing
FIXTURES
UNDEFINED
Sub-total
Sewer fc Water
SEWER CONNECTION
NEW SEPTIC SYSTE
SAC ONLY
SEWER & WATER
Sub-total
Sign
PER./FREE STANDG
TEMPORARY
Sub-total
User Defined
LAND ALTERATION
TREE REMOVAL
nor* If Q
LAWN SPRINKLER
Sub-total
Grand-total
QTY5293
1
1
1
1
2
43*
101^*
PERMITS ISSUED/FEES COLLECTED JUNE 1997PERMIT ISSUED REPORT CITY OF ORONO * * * *«
16,400.25*1,954,133.00*7,913.42*42*
22,969.37** 2,106,836.17**7,913.42**81**
PAGE: 1REQUESTER: CAROLE06/01/97 - BASE FEE RANGE . . . .06/30/97VALUATION PLAN REVIEW QTY 06/01/96 - BASE FEE7,731.25 1,158,600.00 5,025.30 5 9,006.25 15,585.75 424,185.00 2,459.93 30 4,922.00305.00 15,500.00 198.25 4 632.75
50.00 0.00 0.00 0 0.00
1,212.25 165,000.00 0.00 0 0.00
1,242.25 171,000.00 0.00 0 0.00
29.25 775.00 19.01 0 0.00
324.50 19,073.00 210.93 3 349.25
14,990.25*
4 339.01 27,185.00 0.00 8 421.25
3 105.00 5,370.00 0.00 3 105.00
7 278.75 13,050.00 0.00 5 175.00
2 70.00 4,075.00 o.co 1 35.00
3 105.00 1,500.00 0.00 1 35.00
1 35.00 1,650.00 0.00 0 0.00
1 850.00 68,000.00 0.00 1 35.00
21*1,703.56*121,630.00*0.00*19*806.25*
11 574.56 29,573.17 0.00 5 308.69
1 35.00 1,000.00 0.00 1 35.00
12*609.56*30,573.17*0.00*6*343.69*
2 70.00 0.00 0.00 2 70.00
6 600.00 0.00 0.00 5 500.00
2 2,850.00 0.00 0.00 1 900.00
0 0.00 0.00 0.00 2 140.00
10*3,520.00*0.00*0.00*10*1,610.00*
1 21.00 500.00 0.00 0 0.00
0 0.00 0.00 0.00 1 30.00
1*21.00*500.00*0.00*1*30.00*
3 175.00 0.00 0.00 0 0.00
0 0.00 0.00 0.00 1 30.00
1 30.00 0.00 0.00 0 0.00
10 350.00 0.00 0.00 2 70.00
14*555.00*0.00*0.00*3*100.CO*
VALUATION348,522.0039,865.000.00
0.00
0.00
0.00
19,000.00
31,375.00
5.959.00
8.650.00
1.695.00
600.00
0.00
800.00
49,079.00*
20,205.00
300.00
20,505.00*
0.00
0.00
0.00
0.00
0.00*
0.00
0.00
0.00*
0
0
0
0
0
00
00
00
00
00*
17,880.19** 1,906,223.00**
PLAN REVIEW5,906.052,535.98411.290.00
0.00
0.00
0.00
227.01
9,080.33*
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00*
0.00
0.00
0.00*
0
0
0
0
0
00
00
00
00
00*
0.00
0.00
0.00*
0
0
0
0
0
00
00
00
00
00*
9,080.33^*
PERMITS ISSUED/FEES COLLECTED JUNE 1997REPORT NBR. BFEERPTl-1 DATE OF RUN 07f02l91 * * * * *PERMIT FEB REPORT ** CITY OF OnONO lOM 06/01/97 TO 06/30/97
REPORT NBR..BFEERPTl-1
DATE OF RUN 07/02/97
* * « * *PERMIT FEE REPORT **
CITY OF ORONO
FROM 06/01/97 TO 06/30/97
REPORT TOTAL
BASE FEE
PLAN REVIEW
SURCHARGE
Lie. SEARCH FEE
SAC
INVESTIGATION
DEPOSIT
MAIL IN
ESCROW
PERMIT TOTAL
22,969.37
7,913.42
1,066.31
0.00
950.00
189.75
0.00
25.26
0.00
33,114.11
PAGE: 38REQUESTER: CAROLEBUJLDINGMECHANICALPLUMBINGSEWER & WATER USER SIGN FIREBASE FEB 16,480.25 1,783.56 609.56 3,520.00 555.00 21.00 0.00
PLAN REVIEW 7,913.42 0.00 0. OU 0.00 0.00 0.00 0.00
SURCHARGE 978.23 61.85 16.73 4.00 5.00 0.50 0.00
Lie. SEARCH FEE 0.00 0.00 0.00 0.00 0.00 0.00 0.00
SAC 950.00 0.00 0.00 0. '0 0.00 0.00 0.00
INVESTIGATION 124.75 0.00 0.00 0.00 65.00 0.00 0.00
DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.00 0.00
MAIL IN 18.00 7.26
ESCROW •0.00 0.00 0.00 0.00 0.00 0.00 0.00
PERMIT TOTAL 26,446.65 1,863.41 633.55 3,524.00 625.00 21.50 0.00
PAGE: 39
REQUESTER: CAROLE
I
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r ♦WED, JUL 2, 1997, 3:11 PMPERMITS ISSUED FOR THE MONTH OF JUNE 1997 PAGE 1ID NUMBER COMPANY OWNER LAST NM VALUATION194SI4909J SCO'iTY BUILDERS WALDOCH 203,000.0012865926STCNBLAKES BLOG VENTURES 268,600.00l-»7509ie BRUCE BREN HOMES SILUS 300,000.0014740383COLSON CONST INC 157,000.0000000000#230,000.0000000000DANBERRY30,000.0014769662ANEW CONSTRUCTION CO, INC.CARPENTER 132,000.0014768403LUCAS DESIGN WORKS ST LAWRENCE 22,000.0019301046WOODSMITH LTD P:iRKER 52,000.001475490^PILLAR HOMES 47,000.0019208888WESTERN CONSTRUCTION CO ANDERSON 10,473.0016450331SUSSEL CORPORATION BOEHMER 8,600.0014820205WINDSOR LANDSCAPES MCGYLNN 6,300.0000000000HEBIG3,600.0000000000KARKELA1,000.0000000000SCHRADER2,200.0000000000BLOMS3,000.00ooooooc**:'WACHMAN 4,800.00OOOOC'. •;WINTER 4,000.00ooooi .a CROTTEAU 1,300.00193324"V<•USTCM POOLS INC LAPERRE 11,000.00OOOOU "PATTEN 4,000.00
147321.'-ALDO I.NC OPHEIM 18,500.00
17216628 PANELCRAFT of MINNESOTA BUESING 13,274.00
14726539 SMITH WP ROOFING STILSETH 5,975.00
14726539 SMITH W1 ROOFING HELSTROM 6,750.00
14746976 SJ FISHER CONSTRUCTION FEGER 3,000.00
15935325 ALLSTAR CONSTRUCTION INC WILLIAMSON 4,300.0017227129GARLOCK FRECH roofing CO HEALEY 9,798.00
00000000 KRAMER 500.00
16584485 HACKBARTH ENTERPRISES CORP SCHMITT 10,000.00
14759923 ROOFTOP ENGINEERING CARLSON 6,500.0014745941BLAISE WATSON CARPENTRY BIDWELL 5,500.00
18238046 SELA ROOFING BLOMBERG 7,200.Of14750910BRUCE BREN HOMES SILUS .CJ
14738080 DALBER ROOFING 165,000.0017808528M & S ROOFING 171,000.00
14307255 RENEWAL BY ANDERSEN LEACH 2,068.0000000000RESSLER420.00
19381723 ARCHWAY PROPERTY IMPROVEM HARRISON 8,500.000000000010,000.0000000000DAVISSON3,200.00OOOOOOCO775.00
34522025 RADIANT CONCEPTS RENARD 8,613.00
34283677 HEATING & COOi,ING TWO 6,300.0035463777BUILDERS EXPRESS 1,000.00
36332561 FIRESIDE CORNER ROASCH 1,100.00
36332561 FIRESIDE CORNER LEARAN 1,100.0036332561FIRESIDE CORNER ROSCH 1,100.00
34724373 ANDERSON MASONRY POST 4,000.00
24730793 CITYVIEW PLBG & HTG EARLING 450.00
39411044 CENTRI'.IRE INC LUKIS 1,855.00
43C
MB
010101010102.
02
02
02
02
04
04
05
06
06
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06
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08
09
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10
10
11
11
11
11
11
11
11
11
11
11
16
19
20
24
24
29
29
30
30
43C
01
01
01
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01
01
01
01
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421522803235559903545
480
253
1520
450
3843
3750
3C90
2735
4149
3704
4195
2135
4620
2650
65
3405
1985
2700
3233
2095
3590
190
100
2140
1475
122
835
3180
3235
2725
795
720
4182
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860
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RUSSELL AVE
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CHERRY AVE
CASCO AVE
NORTH SHORE DR
CAROLINE AVE
HIGHWOOD RD
CASCO AVE
FOREST LAKE DR
SALEM CT
NORTH ARM DR W
SILVER VIEW DR
FERNDALE GREEN
LIVINGSTON AVE
FAGERNESS POINT RD
CASCO POINT RD
CASCO CIR
CASCO p^:nt RD
NORTH SHO..E DR
WILLOW DR N
LEAF ST
NORTH SHORE DR
SHORELINE DR
CHEVY CHASE DR
WINDJAMMER LA
NORTH SHORE DR
CASCO CIR
WAYZATA
OLD CRYSTAL BAY RD N
NORTH ARM DR
HIGHWOOD RD
LYRIC AVE
WATERTOWN RD
NORTH ARM DP
OLD CRYSTAT. ^AY RD N
TONKAWA RD
COUNTRY^:"2 DR W
CASCO AVF
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WATERTOWN RD
SUSSEX RD
COLIN DR
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97/06/0497/06/0997/C6/1997/06/2597/06/2697/06/03
97/06/03
97/06/23
97/06/11
97/06/24
97/06/02
97/06/26
97/06/12
97/06/10
97/06/06
97/06/07
97/06/17
97/06/20
97/06/23
97/06/10
97/06/02
97/06/17
97/06/23
97/06/30
97/06/04
97/06/09
97/06/11
97/06/12
97/06/12
97/06/13
97/06/13
97/06/23
97/06/23
97/06/24
97/06/10
97/06/09
97/06/16
97/06/26
97/06/19
97/06/03
97/06/12
97/06/11
97/06/13
OR-009032OR-009058OR-009106OR-009128OR-009134OR-008964
OR-009033
OR-009038
OR-009070
OR-009116
OR-009006
OR-009127
OR-009076
OR-009040
OR-009041
OR-009042
OR-009069
OR-009077
OR-009122
OR-009064
OR-009021
CR-009104
OR-009123
OR-0^9139
OR-0G:i046
OR-009056
OR-009071
OR-009085
OR-009088
OR-009092
OR-009093
OR-009120
OR-009121
OR-009125
OR-009066
OR-009055
OR-009P94
OR-009031
OR-009107
OR-009035
OR-009075
OR-009073
OR-009074
97/06/27 OR
97/06/04 OR
97/06/05 OR
97/06/12 CR
97/06/12 OR
97/06/12 OR
97/06/12 OR
97/06/13 OR
97/06/16 OR
008705
009043
009050
009082
009083
009084
009089
009091
009095
WED, JUL 2, 1997, 3:11 PMPERMITS ISSUED FOR THE MONTH OF PAGE 2JUNE 1997PERMITWORKADDRNBR STREET ISSUED PERMIT NBR ID NUMBER COMPANY OWNER LAST NM VALUATIONME013310BAYSIDE RD 97/06/20 OR-009118 37241899 RESIDENTIAL HTG & AIR INC WOJCIK 1,000.0002180LEAF ST 97/06/04 OR-009044 38819000 SEDGWICK HTG & AC CO HEALY 2,175.00023704CASCO AVE 97/06/04 OR-009045 38819000 SEDGWICK HTG & AC CO SCHRADER 2,515.00
02 2580 FOX ST 97/06/09 OR-009057 34791483 A-1 HEATING & AIR CONDITIO SMITH 200.00
02 1520 FOX ST 97/06/20 OR-009117 34791600 COUNTRYSIDE HTG A/C PARKER 1,650.00
03 1185 FERNDALE RD W 97/06/11 OR-009081 39296767 VOGT FRED & CO COSTLEY 600.00
19 3360 SHORELINE DR 97/06/05 OR-009052 38594811 ROLLIES SALES & SERVICE 68,000.00
24 1185 FERNDALE RD W 97/06/10 OR-009065 33386606 WOODLAND STOVES&FIREPLACES COSTLEY 4,300.00
24 2605 WAYZATA BLVD W 97/06/11 OR-009080 35935300 ROUSE MECHANICAL INC 8,000.00
24 1190 HERITAGE LA 97/06/16 OR-0Q9097 34791600 COUNTRYSIDE HTG A/C FLESSNER 4,272.00
29 1035 TONKAWA RD 97/06/09 OR-009059 34789558 DITTER INC WIGLEY 700.00
29 2790 SILVER VIEW DR 97/06/16 OR-009096 38940005 BURNSVILLE HEATING CO HILE 2,700.00
21C 21C
PL 01 2150 PROSPECT AVE 97/06/02 OR-009034 24738403 DAY EARL W & SONS GILMORE 1,395.00
01 1185 FERNDALE RD W 97/06/11 OR-009048 24233730 MATTHEW DANIELS INC 12,100.00
01 1360 RAILROAD AVE 97/06/05 OR-009049 29337200 CULLIGAN PATTRIN 268.17
01 3535 CHRISTINE DR 97/06/05 OR-009053 27532845 SUNDERLAND PLUMBING RYAN 200.00
01 2575 THOROUGHBRED LA 97/06/27 OR-009135 24738793 CITYVIEW PLBG & HTG 500.00
02 1035 TONKAWA RD 97/06/11 OR-009079 22528961 ANDERSON PLBG WIGLEY 5,465.00
02 1520 FOX ST 97/06/17 OR-009 3:;?;25291172 BARNES PLUMBING PARKER 6,000.00
24 530 HANLON AVE 97/06/10 OR-009063 28274033 NORBLOM PLUMBING CO THIES 400.00
24 3551 LYRIC AVE 97/06/12 OR-009086 24724959 WESTONKA MECH CONTRACTORS HARRISON 1,495.00
34 180 T-OIVI? G'T QT /nr /-I o rkO _ n n Q n o T QCQ brconpriMi^Tv r»/-kKm*Dnr»»Pi-\r»o 4L , • uu
29 2760 WATERTOWN RD 97/66/10 OR-009067 24612749 NYBO-PETERSON PLBG LUND 1,000.00
29 1629 BOHNS PT RD 97/06/19 OR-009108 25593522 ROTO-ROOTER SERVICE CO GREEN 1,000.00
ix
•»€- -
2446 NORTH SHORE DR 97/06/04 OR-009047 24738403 DAY EARL W & SONS MARFIELD 750.00
SI
1C
13
1C
2180 NORTH SHORE DR 97/06/05 OR-009051 00000000 500.00
SW 01 3190 SUSSEX RD 97/06/13 OR-009090 54612100 DASEN CONFRACTING CO INC POST .00
01 600 BIG ISLAND 91106/20 OR-009103 54734300 SULLIVAN'S UTILITY SERVICE ADAMS .00
01 2305 SOMERSET LA 97/06/18 OR-009105 54287393 PATNODE BROTHERS .00
01 900 WILLOW DR N 97/06/23 OR-009113 57237155 CLOVER HILL COMPANY INC WOLF .00
01 2525 THOROUGHBRED LA 97/06/24 OR-009124 54425855 SWEDLUND SEPTIC SERVICES .00
01 200 BEDERWOOD DR 97/06/26 OR-009131 24461495 WIDMER INC GUSTAFSON .00
01 200 BEDERWOOD DR 97/06/26 OR-009132 00000000 GUSTAFSON .00
01 365 WESTLAKE ST 97/06/26 OR-009133 24672924 ALL METRO PLBG FIEDLER .00
19 2687 WAYZATA BLVD 97/06/27 OR-009136 00000000 .00
24 635 FERNDALE RD N 97/06/11 OR-009072 54791762 HAYES EXCAVATING JACOBSEN .00
IOC IOC •
UD 01 1225 ORONO OAKS DR *97/06/03 OR-009036 19430043 ATLANTIS IRRIGATION DANIELS .00
01 1820 FOX ST 97/06/10 OR-009061 84721919 PROFESSIONAL SPRINKLER KIENKE .00
01 3535 CHRISTINE DR 97/06/10 OR-009062 84131688 BERQUEST IRRIGATION RYAN .00
01 1260 FRENCH CREEK DR .97/06/17 OR-009098 85400264 IRRIGATION BY DESIGN WALSH .00
01 375 WAKEF:".;>1’.^ ,97/06/17 OR-009099 85400264 IRRIGATION BY DESIGN WARNER .00
01 2485 NORTr ’ OR 97/06/20 OR-009110 84721919 PROFESSIONAL SPRINKLER LINDAHL .00
01 1489 shorll ^in - *97/06/20 OR-009111 84721919 PROFESSIONAL SPRINKLER BERINGAUSE .00
01 1C35 TONKAWA RD 97/06/20 OR-009112 84721919 Fi?.OFESSIONAL SPRINKLER WIGLEY .00
01 2475 COUNTRYSIDE DR 97/06/23 OR-009115 84775296 FIC INC HITE .00
01 r -s THOROUGHBRED LA-97/06/24 OR-009126 84792*"GENERAL SERVICE .00
WED, JUL 2, ia97, 3:11 PMPERMITS ISSUED FOR THE MONTH OF JUNE 1997 PERMIT WORK ADDR NBR STREET Page 3 4ISSUED PERMIT NBR ID NUMBER COMPANY OWNER LAST NM VALUATIONUD04-0404142222
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464B-27453153745725
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■PEER-RyW-TR-FERNPALB-RPWTONKAVIEWSHADYWOOD RD TONKAWA RD WATERTOWN RD
6TH AVE N 97/0E/27- QR>00914-2-OOOOOOOO-97/06/24 QR«Qa9a43-0000000^1 CALLAN-3ROOK&-rW-97/06/3-7-OR-009-144-QOOQOOOO-HICKEY^97/06/27 OR-009129 97/06/10 OR-009068 97/06/20 OR-009109
97/06/09 OR-009060 00000000147505480000000000000000 JENSEN HOMES ZIMMERMANBENNETTBUTTERFIELD .00 . 00 .OC .00
2,109,831.17*
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01 Residence 24.02 Addition 2503Garage/Attached 2604Garage/Detached 2705Porch2806Deck2907Fence3008Gazebo31
09 Pool 32
10 Re-side 33
11 Re-roof 34
12 Tennis Court
13 Sign
14 Dock
15 Shed
16 Demo-Principal Structure
17 Demo-Accessory Structure
18 Move
19 Commercial
20 Institutional
21 Storm Damage Repair
22 1-100 Cubic Yards
23 101 Cubic Yards or More
99 Undefined
9999
LOCAL DSB COOKS
Undefined
Replacing Existing Lifting Principal Residence Well Abandonment Foundation Only Temporary Trailer Renovate/Remodel Accessory Structure Stairway to Lake
Retaining Wall
Entrance Monuments
Tree Removal
COMPANY OWNER LAST NM VALUATIONRADIANT CONCEPTS RENARD 8,613.00DANBERRY30,000.00WESTERN CONSTRUCTION CO ANDERSON 10,473.00CUSTOM POOLS INC LAPERRE 11,000.00RENEWAL BY ANDERSEN LEACH 2,068.00J SCOTTY BUILDERS WALDOCH 203,000.00
ANEW CONSTRUCTION CO, INC.CARPENTER 132,000.00
DAY EARL W & SONS GILMORE 1,395.00
ARCHWAY PROPERTY IMPROVEM HARRISON 8,500.00
ATLANTIS IRRIGATION DANIELS .00
LUCAS DESIGN WORKS ST LAWRENCE 22,000.00
HEBIG 3,600.00
KARKELA 1,000.00
SCHRADER 2,200.00
HEATING fit COOLING TWO 6,300.00
SEDGWICK HTG & AC CO HEALY 2,175.00
SEDGWICK HTG fie AC CO SCHRADER 2,515.00
SMITH WF ROOFING STILSETH 5,975.00
DAY EARL W fie SONS MARFIELD 750.00
MATTHEW DANIELS INC 12,100.00
CULLIGAN PATTRIN 268.17
BUILDERS EXPRESS 1,000.00
500.00
ROLLIES SALES fie SERVICE 68,000.00
SUNDERLAND PLUMBING RYAN 200.00
DALBER ROOFING 165,000.00
SMITH WF ROOFING HELSTROM 6,750.00
A-1 HEATING fie AIR CONDITIO SMITH 200.00
STONELAKES BLDG VENTURES 268,600.00
DITTER INC WIGLEY 700.00
.00
PROFESSIONAL SPRINKLER KIENKE .00
BERQUEST IRRIGATION RYAN .00
NORBLOM PLUMBING CO THIES 400.00
CROTTEAU 1,300.00
WOODLAND STOVESfieFIREPLACES COSTLEY 4,300.00
BRUCE BREN HOMES SILUS..00
NYBO-PETERSON PLBG LUND 1,000.00
JENSEN HOMES BENNETT .00
BLOMS 3,000.00
WOODSMITH LTD PARKER 52,000.00
SJ FISHER CONSTRUCTION FEGER 3,000.00
HAYES EXCAVATING JACOBSEN .00
DAVISSON 3,200.00
775.00
10,000.00
WINDSOR LANDSCAPES MCGYLNN 6,300.00
WACHMAN 4,800.00
ANDERSON PLBG WIGLEY 5,465.00
ROUSE MECHANICAL INC 8,000.00
VOGT FRED fie CO COSTLEY 600.00
FIRESIDE CORNER ROASCH 1,100.00
FIRESIDE CORNER LEARAN 1,100.00 •
FIRESIDE CORNER ROSCH 1,100.00
3E 1L3.00)0.0073.00 )0.00
>8.00
)0.00
)0.00
)5.00
)0.00
.00
)0.00
)0.00
)0.00
)0.00
30.00
75.00
15.00
75.00
50.00
DO.00
S8.17
DO.00
DO.00
DO.00
DO.00
DO.00
.00
.00
.00
DO.00
DO.00
DO.00
.00
DO.00
.00
DO.00
DO.00
DO.00
.00
00.00
75.00
00.00
00.00
00.00
65.00
00.00
00.00
00.00
00.00
00.00
‘ 5 WED, JUL 2, 1997, 3:10 PMNUMERICAL LISTING PAGE 2 REPORT DATE OFJUNE 1997PERMIT NBR ISSUED CANCEL ADDR NBR STREET WORK ID NUMBER COMPANY OWNER LAST NM VALUATIONOR-009085OR-009086OR-009088 OR-009089
OR-009090
OR-009091
OR-009092
OR-009093
OR-009094
OR-009095
OR-009096
OR-009097
OR-009098
OR-009099
OR-009100
OR-009103
OR-009104
OR-009105
OR-009106
OR-009107
OR-009108
OR-009109
OR-009110
OR-009111
OR-009112
OR-009113
OR-009115
OR-009116
OR-009117
OR-009118
OR-009120
OR-009121
OR-009122
OR-009123
CR-009124
OR-009125
OR-009126
OR-009127
OR-009128
OR-009129
OR-009131
OR-009132
OR-009133
OR-009134
OR-009135
OR-009136
OR-009139
OR-009142
OR-009143
OR-009144
97/06/12 N 97/06/12 N ■97/06/1 2-Y97/06/12siloeli2
97/06/13
97/06/13
97/06/13
97/06/13
97/06/16
97/06/16
97/06/16
97/06/16
97/06/17
sifoefii
97/06/17
97/06/20
97/06/17
97/06/18
97/06/19
97/06/19
siloeiis
97/06/20
97/06/20
97/06120
97/06/20
97/06/23
97/06/23
97/06/24
97/06/20
97/06/20
97/06/23
97/06/23
97/06/23
97/06/23
97/06/24
97/06/24
97/06/24
97/06/26
97/06/25
97/06/27
97/06/26
97/06/26
97/06/26
97/06/26
97/06/27
97/06/27
97/06/30
97/06/27
97/06/24
97/06/27
1903551 WILLOW DR N LYRIC AVE1803190
3190
2165
2140
1475
795
3250
2790
1190
1260
375
1520
600
3405
2805
3235
4182
1629
3745
2485
1489
1035
900
2475
450
1520
3310
122
835
4620
1985
2525
3180
2575
3750
55
2745
200
200
365
990
2575
2687
2700
2995
980
4640
LEAF ST SUSSEX RD
SUSSEX RD
COLIN DR
NORTH SHORE DR
SHORELINE DR
OLD CRYSTAL BAY RD
FOX ST
SILVER VIEW DR
HERITAGE LA
FRENCH CREEK DR
WAKEFIELD RD
FOX ST
BIG ISLAND
LIVINGSTON AVE
SOMERSET LA
CASCO CIR
HIGHWOOD RD
BOHNS PT RD
WATERTOWN RD
NORTH SHORE DR
SHORELINE DR
TONKAWA RD
WILLOW DR N
COUNTRYSIDE DR
OLD LONG LAKE RD
FOX ST
BAYSIDE RD
CHEVY CHASE DR
WINDJAMMER LA
NORTH ARM DR W
EAGERNESS POINT RD
THOROUGHBRED LA
NORTH SHORE DR
THOROUGHBRED LA
CASCO AVE
WEAR LA N
SHADYWOOD RD
BEDERWOOD DR
BEDERWOOD DR
WESTL7UCE ST
LOMA LINDA AVE
THOROUGHBRED LA
WAYZATA BLVD
CASCO POINT RD
DEER RUN TR
FERNDALE RD W
TONKAVIEW LA
15935325247249591722712934724373
54612100
24738793
00000000
16584485
17808528
39411044
38940005
34791600
85400264
85400264
25291172
54734300
00000000
54287393
14750918
00000000
25593522
00000000
84721919
84721919
84721919
57237155
84775296
14754902
34791600
37241899
14759923
14745941
00000000
14732103
54425855
18238046
84792585
16450331
14740383
00000000
24461495
00000000
24672924
00000000
24738793
00000000
17216628
00000000
00000000
00000000
ALLSTAR CONSTRUCTION INC WESTONKA MECH CONTRACTORS ■WBS.TQNKA- MBCH CONTRACTORS GARLOCK FRECH ROOFING CO ANDERSON MASONRY
DASEN CONTRACTING CO INC
CITYVIEW PLBG & HTG
WILLIAMSON HARRISON HBALY- - - -
HACKBARTH ENTERPRISES CORP
M fit S ROOFING
CENTRAIRE INC
BURNSVILLE HEATING CO
COUNTRYSIDE HTG A/C
IRRIGATION BY DESIGN
IRRIGATION BY DESIGN
BARNES PLUMBING
SULLIVAN'S UTILITY SERVICE
HEALEYPOST
POST
EARLING
KRAMER
SCHMITT
PATNODE BROTHERS
BRUCE BREN HOMES
ROTO-ROOTER SERVICE CO
PROFESSIONAL SPRINKLER
PROFESSIONAL SPRINKLER
PROFESSIONAL SPRINKLER
CLOVER HILL COMPANY INC
FIC INC
PILLAR HOMES
COUNTRYSIDE HTG A/C
RESIDENTIAL HTG fit AIR INC
ROOFTOP ENGINEERING
BLAISE WATSON CARPENTRY
ALDO INC
SWEDLUND SEPTIC SERVICES
SELA ROOFING
GENERAL SERVICE
SUSSEL CORPORATION
COLSON CONST INC
WIDMER INC
ALL METRO PLBG
CITYVIEW PLBG fit HTG
P7VNELCRAFT OF MINNESOTA
LUKIS
HILE
FLESSNER
WALSH
WARNER
PARKER
ADAMS
PATTEN
SILUS
RESSLER
GREEN
BUTTERFIELD
LINDAHL
BERINGAUSE
WIGLEY
WOLF
HITE
PARKER
WOJCIK
CARLSON
BIDWELL
WINTER
OPHEIM
BLOMBERG
BOEHMER
ZIMMERMAN
GUSTAFSON
GUSTAFSON
FIEDLER
BUESING
CALLAN
BROOKS
HICKEY
4.300.001.495.009.798.004.000. 00
.00
450.00
500.00
10,000.00
171.000. 00
1.855.00
2.700.00
4.272.00
.00
.00
6.000. 00
.00
4.000. 00
.00
300.000. 00
420.00
1.000. 00
.00
.00
.00
.00
.00
.00
47,000.00
1.650.00
1,000.00
6.500.00
5.500.00
4,000.00
18.500.00
.00
7.200.00
.00
8.600.00
157.000. 00
.00
.00
.00
.00
230.000. 00
500.00
.00
13.274.00
.00
.00
.00
PERMITUser De SUBDIVI VARIANC CUPSKETCH
VARIANC
Sub-tot
Grand-b
REPORT N
DATE OF :
BASE FEE
PLAN rev;
SURCHARGI
Lie. SEAI
SAC
investig;
DEPOSIT
ESCROW
PERMIT TC
L
REPORT NBR. i DATE OF RUN BPRMTISS-l07/02/97 _ _ _ _ _ _ _ _ _r*TTDDi?Mnr’***** PERMIT ISSUED REPORT CITY OF ORONOo n Mr* c»0Dl?\/TrM10 REQUESTER:PAGE; 1C7VR0LEPERMIT TYPE QTY 06/01/97 - BASE FEE - - - - - -06/30/97VALUATION PLAN REVIEW QTY 06/01/96 - BASE PEE 06/30/96VALUATION PLAN REVIEWUser DefinedSUBDIVISION 1 350.00 0.00 0.00 1 400.00 0.00 0.00VARIANCE143,430.00 0.00 0.00 5 1,150.00 0.00 0.00CUP3750.00 0.00 0.00 1 300.00 0.00 0.00SKETCH PLAN 1 250.00 0.00 0.00 0 0.00 0.00 0.00VARIANCE/CUP 1 250.00 0.00 0.00 0 0.00 0.00 0.00Sub-total 20^5,030.00*0.00*0.00*7*1,850.00*0.00*0.00*Grand-total 5,030.00**0.00**0.00**7**1,050.00**0.00**0.00**
HEATING SYSTEMS
AIR CONDITIONING
WOOD STOVE/FLUE
FIREPLACE
VENTILATION
GAS LINE INSPECT
DUCT WORK ONLY
REMOVE OIL TANK
Sub-total
52
5
0
33
5
12
5
5
117*
4,439.14
292.50
0.00
1,225.46
175.00
420.00
175.00
990.00
7,717.10*
342,604.88
20.370.00
0.00
59,632.55
7.560.00
5.125.00
5.950.00
72.850.00
514,092.43*
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00*
57
13
1
34
5
2
0
6
126*
5,573.50
509.90
35.00
1,456.25
175.00
70.00
322.94
227.50
0,450.09*
435,345.02
40.272.00
1,100.00
06.450.00
5,375.00
1,000.00
14.125.00
0,050.00
592,517.02*
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00*
Plumbing
FIXTURES
SPRINKLER
WATER METER.
UNDEFINED
Sub-total
91 *
2 .
7 *
1
101*
6,715.03
161.69
1,126.99
35.00
0,039.51*
422,462.56
12,935.00
0.00
1,000.00
436,397.56*
0.00
0.00
0.00
0.00
0.00*
77
0
3
2
02*
5,504.36
0.00
473.00
70.00
6,127.36*
360,393.00
0.00
250.00
000.00
361,443.00*
0.00
0.00
0.00
0.00
0.00*
Sewer t Water
SEWER CONNECTION
NEW SEPTIC SYSTE
DRNFLD Ct/OR TANK
SAC ONLY
SEWER DISCONNECT
SEWER & WATER
UNDEFINED
Sub-total
2
14
2
4
0
2
1
25*
70.00
1,400.00
100.00
3,000.00
0.00
140.00
35.00
5,545.00*
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00*
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00*
5
16
1
5
1
2
0
30*
175.00
1,600.00
50.00
3,650.00
35.00
140.00
0.00
5,650.00*
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00*
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00*
sign
PER./FREE STANDG
TEMPORARY
Sub-total
3
2
5*
110.25
60.00
170.25*
3,300.00
0.00
3,300.00*
0.00
0.00
0.00*
1
2
3*
29.25
60.00
09.25*
000.00
0.00
000.00*
0.00
0.00
0.00*
Fire
FIRE SPRINKLER
Sub-total
1
1*
140.00
140.00*
11,200.00
11,200.00*
0.00
0.00*
0
0*
0.00
0.00*
0.00
0.00*
0.00
0.00*
PERMIT TYPE QTY BASE FEE VALUATION PLAN REVIEW QTY BASE FEE VALUATION PLTU^ REVIEWUser Defined LAND ALTERATION 7 450.00 0.00 0.00 9 525.00 0.00 0.00TREE REMOVAL 0 0.00 0.00 0.00 4 120.00 0.00 0.00RETAINING WALLS 0 0.00 0.00 0.00 2 153.00 9,290.00 0.00DOCKS3 .90.00 2,500.00 0.00 2 60.00 0.00 0.00LAWN SPRINKLER 15 525.00 0.00 0.00 4 140.00 0.00 0.00Sub-total 25*1,065.00*2,500.00*0.00*21*998.00*9,290.00*0.00*Grand-total 445**91,141.61**9,063,955.95**35,112.83**448**91,059.45**9,296,508.70**39,214.17**
BUILDING MECHANICAL PLUMBING68,456.75 7,717.10 8,039.5135,112.83 0.00 0.00.4,054.70 261.82 228. /60.00 0.00 0.002,850.00 0.00 0.00124.75 0.00 0.000.00 0.00 0.00
•
92.48 65.23
0.00 0.00 0.00
110,599.03 8,071.40 8,333.50